The SPEAKER ( Hon. Bronwyn Bishop ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Accordingly, the "Iraq and Sham" in the name of the Islamic State is henceforth removed from all official deliberations and communications, and the official name is the Islamic State from the date of this declaration.
That this House:
(1) notes the importance of supporting young people's transition from school into work or further training and preventing them from falling into the trap of unemployment
(2) recognises the important work done in ensuring that students are supported to make the transition through:
(a) the Youth Connections program that has a proven track record in helping young people who have not, or are at risk of not, completing year 12 transition back into school or further education, training and employment
(b) the School Business Community Partnership Brokers program which builds partnerships between schools and the wider community including business and charities that help young people achieve year 12 or equivalent qualifications
(c) National Career Development Strategy services that support vital links between industry, students and training options
(3) is extremely concerned that there is no funding in the budget for these programs past 1 January 2015
(4) calls on the Government to immediately reverse its decision to no longer fund these programs past the 2014 calendar year
That this House:
(1) welcomes the Australian Government’s commitment to contributing to humanitarian aid in Iraq, including through airdrops;
(2) commends the Prime Minister, the Minister for Foreign Affairs and the Minister for Immigration and Border Protection for:
(a) their commitment to working with our allies towards a solution, including having reaffirmed the strong state of our bilateral defence and security co-operation with the United States;
(b) strengthening our national security by providing a further $630 million over four years to boost the counter terrorism capacity of our security and intelligence organisations;
(c) their commitment to prosecuting those Australians who engage in terrorism-related activities and to strengthening our ability to monitor, arrest, and prosecute people who have been involved with terrorist groups abroad; and
(d) setting aside a minimum of 4,400 resettlement places in the 2014-15 Refugee and Humanitarian Program for ethnic and religious minorities fleeing the humanitarian crises in Iraq and Syria;
(3) recognises that:
(a) Christian Assyrians, Chaldeans, Yazidis, and Mandaeans are minority religious and racial groups in Iraq, and are subject to ongoing violence, intimidation, harassment and discrimination on religious and ethnic grounds;
(b) hundreds of thousands of Christian Assyrians, Chaldeans, Yazidis, and Mandaeans have been forced to flee their homes in northern Iraq; and
(c) a growing number of Australians are travelling to Iraq and Syria and other conflict zones where their aim is to do harm and bring back deadly skills to Australia, and the threat from these extremists is real and growing;
(4) condemns the violent and barbaric killing, intimidation, harassment and discrimination of Christian Assyrians, Chaldeans, Yazidis, and Mandaeans in Iraq at the hands of the terrorist organisation, Islamic State (also known as ISIS); and
(5) calls upon the Australian Government to:
(a) continue to focus on the humanitarian aid mission; and
(b) work closely with our allies to ensure that more people are not exposed to the brutal zealotry of the Islamic State.
… what they hate most is that Kurdish women have rights and they want to take them away from us. We are here to support all women, not just Kurdish women … They [IS] believe women are less than human and just here to be used. They are selling Yazidi women in Mosul for just $20.
Minerals Resource Rent Tax Repeal and Other Measures Bill 2014
Energy Efficiency Opportunities (Repeal) Bill 2014
Social Services and Other Legislation Amendment (Seniors Health Card and Other Measures) Bill 2014
Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Bill 2014
Corporations Amendment (Simple Corporate Bonds and Other Measures) Bill 2014
Land Transport Infrastructure Amendment Bill 2014
Meteorology Amendment (Online Advertising) Bill 2014
(1) That a joint select committee, to be known as the Joint Select Committee on the Australia Fund Establishment, be established to inquire into and report on:
The establishment of a fund to support rural and manufacturing industries, with particular reference to:
(a) the need for a fund to assist rural and manufacturing industries in crisis and support communities affected by natural disasters, including the following assistance:
(i) emergency or ongoing financial relief,
(ii) a loan to such a business,
(iii) act as a guarantor for all or part of a loan or proposed loan to such a business,
(iv) purchase all or part of an existing loan to such a business,
(v) capitalise or waive interest owed by such a business,
(vi) assume control of such a business for a particular period,
(vii) grant funds to an appropriate industry body, and
(viii) grant funds to such a business for the purpose of purchasing new technology to make it more economically viable and competitive or restructuring it; and
(b) whether:
(i) existing bankruptcy and insolvency laws should be modified or temporarily relaxed for businesses in times of crisis, and
(ii) any foreign bankruptcy or insolvency laws should be adopted as laws of the Commonwealth.
(2) That the committee deliver its final report on or before 30 June 2015.
(3) That the committee consist of 10 members, 3 members of the House of Representatives to be nominated by theGovernment Whip or Whips, 2 members of the House of Representatives to be nominated by the Opposition Whip or Whips, 1 member of the House of Representatives to be nominated by any minority group or independent member, 2 senators to be nominated by the Leader of the Government in the Senate, 1 senator to be nominated by the Leader of the Opposition in the Senate, and 1 senator to be nominated by any minority group or independent Senator.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government, the Leader of the Opposition in the Senate, or any minority group or independent senator;
(b) participating members shall be taken to be a member of the committee for the purposes of forming a quorum if a majority of members of the committee are not present; and
(c) participating members may participate in hearings of evidence and deliberations of the committee and have all rights of a committee member, but may not vote on any questions before the committee.
(5) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(6) That the committee may proceed to the dispatch of business notwithstanding that not all members have not been duly nominated and appointed and notwithstanding any vacancy.
(7) That the members of the committee hold office as a joint select committee until presentation of the committee's final report or until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier.
(8) That the committee elect a Government member as its chair.
(9) That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee.
(10) That at any time when the chair and deputy chair are not present at a meeting of the committee the members shall elect another member to act as chair at that meeting.
(11) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(12) That 5 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(13) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and that each subcommittee shall have at least 1 Government member of either House and one non-Government member of either House.
(14) That the committee have power to refer to any subcommittee any matter which the committee is empowered to examine.
(15) That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee, the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
(16) That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non Government member of either House.
(17) That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
(18) That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
(19) That the committee or any subcommittee may conduct proceedings at any place it sees fit and sit in public or in private.
(20) That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(21) That the committee may report from time to time.
(22) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
(23) That the committee be empowered to publish from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
(24) That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
The Senate requests the concurrence of the House in this resolution.
You only consider applications from the third group with a requirement to improve the value for money to be delivered during the negotiation of the funding agreement.
That the House take note of report 445.
That the order of the day be referred to the Federation Chamber for debate.
National Security Legislation Amendment Bill (No. 1) 2014
Report made a parliamentary paper in accordance with standing order 39(e).
Australian Citizenship Amendment (Intercountry Adoption) Bill 2014
… this bill is another step in delivering reform to intercountry adoptions.
For too long, adoption has been in the too-hard basket. For too long, it has been too hard to adopt and for too long, this has been a policy no-go zone.
It should not be that way—because adoption is all about giving children a better life.
We always knew we needed a champion and a leader within government to bring about change, so let's aim for the top. I'm thrilled to have the Prime Minister on board.
The government wants to make it easier to adopt when it is in the best interests of the child.
There are not only no animal welfare laws in Saudi Arabia, there are no animal welfare regulations in their slaughterhouses.
… … …
… it is irresponsible that the Abbott government is opening new and risky markets at a time regulations are failing in existing markets and with horrendous consequences for animals.
Giving special consideration and exemptions for one country is a slippery slope back to the horrors we saw in Indonesian abattoirs in 2011—what's to stop others from bullying Australia into the same thing?
… he was very brave and one of the most loyal people I've ever come across.
That further statements by indulgence in relation to the Prime Minister’s statement on national security be permitted in the Federation Chamber.
We have found $30 million worth of savings in the transport budget with the abolition of the carbon tax.
That Mr Simpkins be discharged from the Joint Standing Committee on Foreign Affairs, Defence and Trade and that, in his place, Mrs Prentice be elected a member of the committee.
Beyond Darwin, the Budget provides $90 million for our Regional Roads Productivity Package, which will—
Australian Citizenship Amendment (Intercountry Adoption) Bill 2014
Our main concern is the time it may now take to adopt from overseas (as it is near impossible to adopt within Australia). My husband and I are approaching our 40s and are concerned that the process is going to take so long that we will run out of time. There are significant amounts of people in the same situation as us and it is Important to note how stressful this process is. Couples including ourselves have generally been through significant infertility challenges before making the decision to adopt (in our case recurrent miscarriage). It is really important to us that the timeline suggested for this restructuring is followed so that we are not put through additional stress.
The application is quite a difficult one to fill out.
My main concerns are with the BMI question, my husband has a very muscular build and is not overweight yet his BMI is over what is required (only slightly). It seems ridiculous that someone so fit and healthy could be rejected because of his build.
While watching television I become increasingly upset seeing adverts asking for money to help children/orphans overseas who have nothing. I don't understand how there can be so many children in the world who need parents and why it is so hard to adopt a child. My husband and I are both on good incomes and have the means and ability to raise a child without any assistance. We would be outstanding parents so why is it all so hard!
We do not want to repeat the mistakes of the past, but we do want to remove the red tape and reduce the delays—that do not benefit anyone.
Greater efficiency in the process, so long as it does not come at the expense of thoroughness, may remove some of the frustrations experienced by prospective adoptive parents, while also reducing the amount of time spent by children in institutions. Australia's approach to adoption recognises that children who cannot be brought up with their family are entitled to grow up in a permanent, secure and loving family environment. A more efficient intercountry adoption system would be better able to provide children with this environment in a timely fashion.
For too long children who legitimately need a safe and loving home and Australians who dream of providing this home have been hindered by red tape and confusion. The Government is pleased to be able to undertake real action to bring families together.
It is disappointing that we have six states and two territories that are thwarting parents … when there are literally thousands and thousands of young children … who can be placed in loving families, supported far better than they are wandering the streets of countless cities right across the world.
That this bill be now read a third time.
Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2014
That this bill now be read a third time.
Migration Amendment (Protection and Other Measures) Bill 2014
Most unauthorised maritime arrivals and some transitory persons who arrived in Australia before 19 July 2013 have been granted a temporary safe haven visa and a Bridging …visa … under section 195A of the Migration Act.
Making these kinds of presumptions is unfair and out of touch with realities of forced displacement.
When people are fleeing persecution, many are not able to obtain or travel safely with their own identity documents, as doing so could allow them to be identified by the very people from whom they are fleeing.
Overall, the bill … is designed to reduce adherence to Australia’s international legal obligations and make it easier to refuse refugees on technical grounds. … This bill underscores that the driving force in Australian refugee law will be punishment, not protection.
Applicants for asylum on the basis of fear of torture must establish, under his proposal—
that there is more than a 50 per cent probability that they will be subjected to [torture, to harm] or even death if returned to the country they have fled.
In short—
if there is a mere 49 to 50 per cent chance of escaping being hung by one’s thumbs from meat hooks while being thrashed by a length of electrical flex, that’s good enough for Mr Morrison. They can be sent to whatever fate might await them.
…enable a Tribunal Member to provide an oral (as opposed to a written) statement of reasons when they make an oral decision…
…dismiss an application where an applicant fails to appear before the Tribunal after being invited to attend.
…that they are a person to whom Australia has protection obligations…
It is often very difficult for people in those circumstances to understand what is required and how to present it. That is why the conventional position in international law and under our system is that the duty of establishing claims, the duty of listing those claims and evaluating them is a shared duty between the applicant and the decision maker.
… the proposed 'more likely than not' test would ultimately significantly increase the risk of Australia making the wrong decision on whether or not somebody should be protected from serious harm. The test raises the real prospect of returning people to persecution or other forms of life-threatening harm, in violation of our non-refoulement obligations. That is the bottom line here.
… the refugee convention recognises what these reforms ignore—that is, the basic legal and moral duty to protect a person is not diminished just because that person arrives without certain paperwork or with fake documents.
This bill deserves the support of all parties. We need the tools to ensure public confidence in Australia’s capacity to assess claims for asylum in the interests of this country, and against the interests of those who show bad faith. These changes uphold the importance of integrity, the establishment of identity, and increased efficiency in our protection processing system.
It is the government's position that the risk threshold applicable to the non-refoulement obligations under the Convention Against Torture and the ICCPR is 'more likely than not'.
Making these kinds of presumptions is unfair and out of touch with realities of forced displacement.
When people are fleeing persecution, many are not able to obtain or travel safely with their own identity documents, as doing so could allow them to be identified by the very people from whom they are fleeing.
Overall, the bill degrades refugee protection under Australian law. It is designed to reduce adherence to Australia’s international legal obligations and make it easier to refuse refugees on technical grounds … This bill underscores that the driving force in Australian refugee law will be punishment, not protection.
… while the burden of proof in principle rests on the applicant, the duty to ascertain and evaluate all the relevant facts is shared between the applicant and the examiner.
The House divided. [20:14]
The Deputy Speaker—Mr Mitchell
(1) Clause 2, page 2 (table items 5 to 8), omit the table items.
(2) Schedule 2, page 10 (line 1) to page 15 (line 9), omit the Schedule.
(3) Schedule 4, item 17, page 27 (line 10) to page 29 (line14), omit the item.
(4) Schedule 4, item 33, page 37 (line 25), omit ", 368(2) or 368D(1)", substitute "or 368(2)".
The House divided. [20:37]
(The Deputy Speaker—Mr Vasta)
The House divided. [20:45]
(The Deputy Speaker—Mr Vasta)
That this bill be now read a third time.
Omnibus Repeal Day (Autumn 2014) Bill 2014
Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014
I am particularly disappointed by the failure of the government to embrace the recommendations of that parliamentary committee which involve the Australian Crime Commission pursuing unexplained wealth orders. The ACC has significant coercive powers to force witnesses to answer questions, and those significant powers—which are unavailable to other law enforcements agencies—would have been very helpful in pursuing proceeds of crime.
AUSTRAC does provide a very valuable service but we believe that it is not reasonable to come back and ask the 199 largest users to cover the costs of its running.
That the House do now adjourn.
Jobs would be very difficult to find and if we didn't manage to get a job we would just sit at home and become depressed.
If we did get a job we wouldn't get the training and support we do at Marriott.
Our supervisors are patient and have experience with people with disabilities.
There would be no emotional support and employees would become anxious
We feel valued and take pride in our work.
The training is fantastic and repeated until you know the job.
We share information about work and about our community. We have made friends that we meet with at the weekend and social functions.
The work's good, meaningful and predictable.
The DEPUTY SPEAKER ( Hon. BC Scott ) took the chair at 10:30.
… it is a great honour to represent Australia once again, but this time instead of wearing a military uniform they are wearing a sporting uniform.
That this House:
(1) notes that:
(a) according to the United Nations, global extreme poverty has been halved since 1990 but more than 1.2 billion people remain in extreme poverty;
(b) as an economically rich and developed nation, Australia has a responsibility to be a global leader in delivering overseas aid programs and funding;
(c) in 2008, Christian Aid estimated that developing countries lost more than $160 billion (USD) through just two forms of multinational tax evasion—transfer mispricing and false invoicing; and
(d) Micah Challenge:
(i) is a global movement of aid and development agencies, churches, schools, groups and individuals speaking out against poverty and injustice in support of the Millennium Development Goals;
(ii) has identified that Australia, as Chair of the G20, has a unique opportunity to bring tax evasion and corruption to the attention of the world in 2014; and
(iii) urges Australia to take a leading role in tackling tax evasion;
(2) condemns the Government for:
(a) cutting the overseas aid budget; and
(b) its lack of action on multinational tax avoidance; and
(3) urges all Members of Parliament to take an active role in ensuring Australia continues to be a leader in the delivery of overseas aid programs and funding.
… to tackle the scourge of tax dodging which robs developing countries on a massive scale of vital revenue for poverty reduction and sustainable human development.
You are one of the richest countries in the world … You can’t mess with your sovereign promise to the poor, they’re too vulnerable, they’re too weak.
It is vital that we help developing countries capture revenue on profits earned in their jurisdiction so they can establish and protect their tax bases. Australia is using its leadership in the G20 to ensure developing countries can participate in and benefit from the reforms.
We all know the heavy toll taken by corruption. More than a trillion dollars stolen or lost, every year—money badly needed for the Millennium Development Goals.
Parliamentary Joint Committee on the Australia Fund Bill 2014
That this House:
(1) notes:
(a ) that Peter Greste has had a distinguished career as a journalist with CNN, Reuters, WTN, BBC and Al Jazeera;
(b ) the long pre-trial incarceration, refusal of bail, procedural errors, extraordinary allegations, and acknowledged extremely severe sentences; and
(c ) widespread international condemnation of the process, characterised by United States Secretary of State John Kerry's comment that it was 'a chilling and draconian sentence'; and
(2) calls on the Government to continue pressing Egyptian authorities for justice and raising these human rights issues in all viable international fora.
A free press will help every country, including Egypt, to be better in the months and years ahead and obviously a free press is not compatible with harassing journalists going about their ordinary business.
We have consistently expressed our serious concern about the limits on freedom of peaceful assembly and expression in Egypt … The United States again urges all sides to condemn and prevent violence and to move towards an inclusive political process based on the rule of law and respect for the fundamental freedoms of all Egyptians.
We were working together on the story, just the two of us, and we both knew what we were getting into.
It was a risk we both judged to be worth taking, if only because so few reporters have been into Somalia in the past decade, and nobody can hope to make a considered judgment of either Africa or Islamic extremism without understanding why that country has remained so anarchic.
This is not a trial for these defendants alone—this is a trial of all journalists.
I was with her when she was shot. We were working together on the story, just the two of us, and we both knew what we were getting into. It was a risk we both judged to be worth taking, if only because so few reporters have been into Somalia in the past decade, and nobody can hope to make a considered judgement of either Africa or Islamic extremism without understanding why that country has remained so anarchic. So when I am asked who cares what happens at a dusty, poverty stricken, anarchic backwater on a corner of Africa, the answer is as simple as it is obvious: Kate Peyton cared.
That the House:
(1) acknowledges small business as a major driver of economic growth in Australia;
(2) notes that:
(a) small businesses are time and resource poor and face significant obstacles in securing government contracts;
(b) the government has allocated $2.8 million over four years to assist small business to access the Commonwealth procurement market;
(c) the establishment of a new unit providing specialist advice on contracts will ensure small businesses are not disadvantaged when dealing with the Commonwealth; and
(d) under Labor, 519,000 jobs were lost in small business;
(3) commends the government for removing the regulatory imposts that apply to more than 20,000 annual tender processes for Commonwealth agency work; and
(4) recognises the benefits that will be achieved for small business in being able to competitively compete for Commonwealth tenders.
Australian Education Amendment (School Funding Guarantee) Bill 2014
… you can vote Liberal or Labor and you'll get exactly the same amount of funding for your school …
Social isolation is a threat to the well being and health of us all and as women tend of live longer than men, they are more likely to feel isolated. Being on a limited income further restricts many people and decreases our ability to lead full and productive lives. To enjoy healthy senior years our minds and bodies need to be active and we need to do all we can to ensure we foster a willingness to stay well by keeping active.
To the Honourable The Speaker and Members of the House of Representatives
This petition of the residents and business owners, principally of the Kuranda area of Far North Queensland, but also those outside the Kuranda area negatively affected by inferior communications with the Kuranda area. The Kuranda area is in the Federal Electorate of Leichhardt.
We draw to the attention of the House: That residents and business owners of the Kuranda area experience poor, to no mobile phone service in these various locations listed above. Speewah has no mobile phone reception. Broadband internet delivery is also of immensely inferior standard. Telstra does not provide adequate ports in the exchanges to meet the needs of residents. The alternative available to residents is to use satellite services such as Skymesh, Westnet and the interim service provided by NBNCo. However, these services have either been oversubscribed or the system is unable to deliver usable speeds, with the result that some residents describe their connection as being of slower speed than that of dial-up. NBNCo has plans for delivery of FTTN in some of the village and fixed wireless is to be located at Kuranda village, Kowrowa, Koah and Speewah. Lack of modern day telecommunications severely disadvantages business in the area.
We therefore ask the House to: request the Minister for Communications initiate, through his Department, an analysis of problems connected to mobile phone reception and broadband delivery throughout the Kuranda area and to give urgent consideration to provision of practical solutions, including inclusion in funding through the Mobile Black Spot Programme.
… al-Qaeda is seeking to establish a Taliban-style Islamic caliphate across the world. That is its objective. It is a clear, 100-year vision and it is an objective which it seeks to bring about through jihad or holy war. There is no capacity to reason, talk or negotiate. Everything that we try is rejected. We are infidels in their mind, and so too are all of those moderate Islamic states which reject the notion of a Taliban-style globe. That is the situation we face today. The strategic objective of al-Qaeda is very clear. It is to bring down the core Islamic states of Egypt, Saudi Arabia, Pakistan and Indonesia by destabilising them and breaking down the structures in those societies. In order to do that, it seeks to break down Western connections, to frighten away Western engagement, to break down resolve within those societies and to cause fragmentation.
ISIS looks at this as a low-cost strategy—
They are seeing that in order to capture the world's attention and recruit people, they no longer need to take down the World Trade Towers or hit the Pentagon.
That orders of the day Nos 1, 2 and 3, committee and delegation business, be postponed until a later hour this day.
Less than 200 years ago the white man came, I say now in all sincerity that my people were shot, poisoned, hanged and broken in spirit until they became refugees in their own land. But that is history and we take care now of the present while, I should hope, we look to the future. Following the advent of the white man came a transitional period which still exists today. Then began to appear the emotional scars; the psychological wounds became a torment from which by and large we have still not recovered.
I want all Australians from all backgrounds, coming together for a better tomorrow. And I believe the time for change is now. So it's time for all Aboriginal and Torres Strait Islander Australians to be formally recognised by the Constitution. It's the right and decent thing to do. Please give us your support.'
Recognition of Aboriginal and Torres Strait Islander people goes to the heart of what type of nation we want to be—Are we people that shrinks from the uncomfortable truth of the past? Or a nation that is mature and capable enough to address a wrong and make our Constitution something we and the next generation can take pride in.
… policymakers continue to view intellectual property as little more than an innate property right to be unthinkingly protected by government. This orthodoxy is buttressed by trade agreements, often negotiated without transparency or democratic accountability, that, instead of promoting free trade, are increasingly providing the expansion of private statutory monopolies.
Consistent with Australia’s existing obligations in the Australia-US and Australia-Singapore FTAs, and to fully implement its obligations under KAFTA, the Copyright Act 1968 will require amendment in due course to provide a legal incentive for online service providers to cooperate with copyright owners in preventing infringement due to the High Court’s decision in Roadshow Films Pty Ltd v iiNet Ltd, which found that ISPs are not liable for authorising the infringements of subscribers.
At the time that the AUSFTA and the SAFTA were implemented, the Government’s view was that Australia complied with this obligation through technology neutral ‘authorisation liability’ provisions contained in sections 36 and 101 of the Copyright Act 1968. However, the High Court’s decision in Roadshow Films Pty Ltd v iiNet Ltd, substantially limited the circumstances in which ISPs will be found liable for authorising the infringements of subscribers’
When I wake up at night and think about arbitration, it never ceases to amaze me that sovereign states have agreed to investment arbitration at all. Three private individuals are entrusted with the power to review, without any restrictions or appeal procedure, all actions of the government, all decisions of the courts and all laws and regulations emanating from parliament.
Professor Brook Baker of North Eastern University School of Law in a note about the Eli Lilly case, posed a rather rhetorical question, but one which fairly arises when considering proceedings of that kind in relation to well-established, respected and independent judiciaries:
'After losing two cases before the appellate courts of a western democracy should a disgruntled foreign multinational pharmaceutical company be free to take that country to private arbitration claiming that its expectation of monopoly profits had been thwarted by the court's decision? Should governments continue to negotiate treaty agreements where expansive intellectual property-related investor rights and investor-state dispute settlement are enshrined into hard law?'
It should be obvious by now that if such bombing campaigns have an effect, it is to make things much worse. What western leaders portray as valiant efforts to rid the world of evil forces such as ISIL just don't play the same way in the region. In Iraq, for instance, western military intervention is viewed as support for the authoritarian, sectarian and West-approved leadership, whose persecution and air strikes are so bad that many Sunnis are prepared to put up with ISIL, for now, as preferable.
Western military intervention thus gives ISIL its recruitment fuel of choice: A war with a self-interested external enemy around which to galvanise support.
Meanwhile, arming supposed "moderates" in Syria is equally delusional: Even self-declared moderates have on the ground, allied with the currently dominant ISIL in the fight against dictator Bashar al-Assad, and even these so-called moderates have carried out beheadings and other brutalities. A cursory glance around the region shows exactly what happens when the West arms groups that somehow fit the "moderate" descriptive; as one writer most succinctly puts it: "The terrorists fighting us now? We just finished training them."
For those people who do not have access to other forms of support, like from their family, I just don't understand how anyone can imagine it is going to be possible for them to do these things.
Australia's employment services system is premised on the notion of mutual obligation. The current policy proposals fail to meet the Government's obligations.
Governments have a duty to provide income support and to help people to get a job, while people who are unemployed are required to search for jobs and participate in employment programs.
The youth employment measure in the Federal Budget would breach the Government's income support obligation by providing support for only six months a year in many cases. At the same time, Government investment in employment assistance—
is inadequate, at only half the OECD average (0.3% compared to 0.6%).
New requirements appear to be designed to make unemployment unattractive rather than assist people obtaining employment. There is too much activity for activity's sake and not enough flexible investment in what works such as wage subsidies and vocational training relevant to the labour market.
The proposed expansion of the Work for the Dole program is likely to be expensive and ineffective. At least $1,500 per person is being invested in this program despite less one in four jobseekers getting a job after Work for the Dole.
On (a) how many occasions, and (b) what date(s), has the Minister met with Australian Water Holdings Pty Ltd chief executive Mr Nick Di Girolamo, and can the Minister provide the nature of each meeting.
Nil meetings.
(1) Is he aware of the 'Save Our Shorebirds' online petition.
(2) What action is the Government taking to:
(a) establish a Wildlife Conservation Plan for Migratory Shorebirds, and
(b) develop a national wetlands policy that takes into account the cumulative effects of multiple threats to Australia's shorebirds.
(1) Yes. BirdLife Australia launched a 'Farewell Shorebirds' National Campaign on 10 April 2014 to coincide with the northward departure of migratory shorebirds. The campaign ran for four weeks and included a number of community events aimed at raising the profile of Australia's migratory shorebirds, including an online petition 'Save our Shorebirds'. The petition called on the Australian Government to develop: a strong national wetlands policy that takes into account the cumulative impacts of multiple threats; a new Wildlife Conservation Plan for Migratory Shorebirds that makes a strong commitment to the protection of a network of important shorebird habitat in Australia and throughout the East-Asian–Australasian Flyway; and, a strategy to engage our international partners in the protection of habitat important to the survival of Australia's migratory shorebirds. At the end of the campaign, approximately 700 people had signed the online petition.
(2) (a) Under section 285 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) wildlife conservation plans may be prepared for the purposes of protection, conservation and management of listed migratory, marine, cetacean or conservation dependant species. The currentWildlife Conservation Plan for Migratory Shorebirds came into effect in February 2006. A review in 2013 recommended the plan be updated to outline a national framework identifying research and management actions to protect migratory shorebirds. In preparing the revised plan, the Department held two workshops with stakeholders in April 2014. State and territory government officials were further involved in development of the draft plan through the Ramsar Implementation Committee (formally known as the Wetlands and Waterbirds Taskforce). The new draft plan incorporates input from these meetings.
The new draft Wildlife Conservation Plan for Migratory Shorebirds covers 37 species that regularly and predictably visit Australia, and will shortly be released for a statutory three-month period of public consultation. Once public consultation is completed, the Threatened Species Scientific Committee will consider a final draft plan prior to its submission for Ministerial approval.
(b) In Australia many different organisations and individuals have responsibility for managing wetlands and the shorebirds and other species they support. The Australian Government's role is established primarily by obligations under the Convention on Wetlands of International Importance (the Ramsar Convention). Consistent with the Ramsar Convention Strategic Plan, the Department has canvassed the views of states and territories and other stakeholders on issues that may benefit from the development of a national wetlands policy. Consideration is now being given to the role of a national policy in furthering Australia's implementation of the Ramsar Convention in the context of other measures already in place at the national, state and local levels.
How many apprentices completed their apprenticeship in 2013-14, and of those, how many secured work within their skill set on completion?
Australian Apprentice completions in 2013-14
The National Centre for Vocational Education Research collects data on Australian Apprentice completions, which is made publicly available at www.ncver.edu.au.
Completions data is only currently available for the first half of the 2013-2014 financial years. Data for all 2013-14 apprentice completions will become available in December 2014.
Australian Apprentice destination data
Destination data for Apprentice graduates is also collected by the National Centre for Vocational Education Research and reported annually in their publication Student Outcomes.
Student Outcomes 2013 has recently been released and represents the outcomes for 75,000 students studying in the VET system, including Australian Apprentices, during 2012. It is also available from the NCVER website listed above.
In respect of Stream 1 funding for the Building Multicultural Communities Program, (a) what was the: (i) total number of applicants, and (ii) name of each applicant, (b) what was the: (i) total number of successful applicants, and (ii) name, (iii) location, and (iv) electorate, of each successful applicant, (c) what sum of funding did each successful applicant received, and for what purpose, and (d) what total number of applicants are awaiting funding, and what is the name of each applicant awaiting funding.
(a) (i), (b) (i), (b) (ii) and (b) (iii) Information about grant applicants approved by the former Minister for Multicultural Affairs in August 2013 is available at: http://www.immi.gov.au/about/reports/grants
(ii) See above, the Department does not provide details of unsuccessful applicants.
(b) (iv) The Department did not record the electorate of successful applicants.
(c) See the response to (a) (i), (b) (i), (b) (ii) and (b) (iii) above.
See also the answer to Question on Notice 912 relating to the 2014-15 Budget Estimates Hearings of the Senate Community Affairs Committee, regarding details of Stream 1 organisations that received funding, the amount of funding and the date on which funding payment was processed by the Department.
(d) No organisations are awaiting funding.
In respect of Stream 2 funding for the Building Multicultural Communities Program (a) what was the: (i) total number of applicants, and (ii) name of each applicant, (b) what was the: (i) total number of successful applicants, and (ii) name, (iii) location, and (iv) electorate, of each successful applicant, (c) what sum of funding did each successful applicant received, and for what purpose, and (d) what total number of applicants are awaiting funding, and what is the name of each applicant awaiting funding.
(a) (i), (b) (i), (b) (ii) and (b) (iii) Information about grant applicants approved by the former Minister for Multicultural Affairs in August 2013 is available at: http://www.immi.gov.au/about/reports/grants;
(ii) See above, the Department does not provide details of unsuccessful applicants.
(b) (iv) The Department did not record the electorate of successful applicants.
(c) See the response to (a) (i), (b) (i), (b) (ii) and (b) (iii) above.
(d) No organisations are awaiting funding.
What is the amount of deregulatory savings achieved as a result of the measures in the 2014-15 budget.
The Government will provide an update to Parliament of progress against its target, which will include the deregulatory savings achieved as a result of measures in the 2014-15 Budget, at the 2014 Spring Repeal Day.
In respect of civilian staff in the Minister's department (including the Defence Materiel Organisation) as at 30 June 2014, (a) what was the (i) headcount, and (ii) breakdown of the headcount, by division, and (b) how many were (i) on fixed term contracts, (ii) part-time, (iii) based in the Australian Capital Territory (ACT), and (iv) based outside the ACT, and where.
(a) and (b) The civilian staff headcount and breakdown by State and Defence Group is provided in the table below. The total Australian Public Service (APS) workforce by actual headcount was 21,193, of which 93 employees were on fixed-term contracts and 1,352 were part time.
Note that these figures are based on headcount data, rather than full-time equivalents (FTE). Defence budgets for its APS workforce on a FTE (ie paid) basis. Headcount data counts all personnel equally regardless of the number of hours worked, and includes all personnel recorded as on duty, or on leave with or without pay.
By way of comparison, the Defence APS workforce by actual FTE as at 30 June 2014 was 19,998.
Civilian Staff by State and Group as at 30 June 2014
For each electoral division as at 30 June 2014, and as contained in the final pay figures for the final quarter for 2013-14 within the Defence People Group of the Minister's department, what was the (a) personnel headcount for (i) the Navy, (ii) the Army, (iii) the Air Force, (iv) civilians, and (v) Reserves, and (b) number of civilians (i) on fixed-term contracts, and (ii) employed part-time.
(a) (i) to (v) The personnel headcount as at 30 June 2014 for Navy, Army, Air Force, Reserves and APS for each electoral division is provided in Table A below. The total Australian Public Service (APS) workforce by actual headcount was 21,193, of which 93 employees were on fixed-term contracts and 1,352 were part time.
Note that these figures are based on headcount data, rather than full-time equivalents (FTE). Defence budgets for its APS workforce on a FTE (ie paid) basis. Headcount data counts all personnel equally regardless of the number of hours worked, and includes all personnel recorded as on duty, or on leave with or without pay.
By way of comparison, the Defence APS workforce by actual FTE as at 30 June 2014 was 19,998.
TABLE A
Note:
1. ' CFTS ' denotes Reservists on Continuous Full-Time Service.
2. The electorate of Lingiari is located in the Northern Territory. It is also listed against Western Australia (WA) as it includes the Cocos Islands and Christmas Island, which are geographically located in WA.
(b) (i) – (ii) - The numbers of civilians (by headcount) on fixed-term contracts or employed part time as at 30 June 2014 are provided in Table B below.
TABLE B
Note: For both tables, electorates not listed indicate there were no Defence employees working in that electoral division.
Can the Minister provide a full list of details in respect of the letter of offer to: (a) 337 Stream 1, and (b) 133 Stream 2, applicants, for funding under the Building Multicultural Communities Program, including the: (i) name, (ii) location, and (iii) electoral division, of each applicant, and the (iv) sum offered, and (v) purpose of funding.
(a) and (b) (i), (ii), (iv), (v) Information about grant applicants approved by the former Minister for Multicultural Affairs in August 2013 is available at: http://www.immi.gov.au/about/reports/grants
(b) (iv) The Department did not record the electorate of successful applicants.
Is it a fact that 66 organisations were offered both Stream 1 and Stream 2 funding under the Building Multicultural Communities Program; if so, can he provide a full list of details on each applicant, including their: (a) name, (b) location, and (c) electoral division, and the (d) sum offered, and (e) purpose of funding.
(a), (b), (d) and (e) Information about grant applicants approved by the former Minister for Multicultural Affairs in August 2013 is available at: http://www.immi.gov.au/about/reports/grants
(c) The Department did not record the electorate of successful applicants.
Is it a fact that on 27 February 2014 only two organisations had completed the execution of the funding agreement for Stream 2 of the Building Multicultural Communities Program; if so, which two, and on what date was their paper work received by his department.
Yes. The two organisations were ACT Scouts and the Canberra Islamic Centre.
On 9 September 2013 and 6 September 2013, the Department received funding agreements signed by these organisations respectively.
(1) Has his department prepared a reply to my letter to the Senator for New South Wales dated 1 April 2014 in respect of funding under the Building Multicultural Communities Program for: (a) the Islamic Centre of Newcastle, and (b) Northern Settlement Services; if so, when was it: (i) drafted, and (ii) sent; if not, why not.
(2) In respect of Stream 1 of the Building Multicultural Communities Program, has (a) the Islamic Centre of Newcastle now received its grant of $9,722.00, and (b) Northern Settlement Services received its grant of $7,600.00; if so, on what date; if not, why not.
The Parliamentary Secretary to the Minister for Social Services has responded to this letter. The response provided information relating to the Islamic Centre of Newcastle and Northern Settlement Services.
When will the Minister for Social Services provide the list of all organisations that would: (a) receive, and (b) not receive, funding (including the amount for (a)) under the Building Multicultural Communities Program, as requested by me at a private briefing by his department on 11 February 2014.
(a) and (b) See Hansard, Community Affairs Legislation Committee, Thursday 5 June 2014, page 76. The referenced Freedom of Information request was finalised on 10 July 2014.
In respect of his planned lunch with Dr Angela Lanfranchi, Louise Kirk and representatives of the Latin American Alliance for the Family, (a) where was it to be hosted, (b) what was the anticipated cost, and was the cost to be met by his department, (c) who was invited, and which organisations did they represent, (d) what was the order of arrangements, (e) what was the proposed menu, and (f) were any gifts to be provided to guests.
Standing Order 98(c) of the House of Representatives provides that a Minister can only be questioned on the following matters, for which he or she is responsible or officially connected:
(i) public affairs;
(ii) administration; or
(iii) proceedings pending in the House.
This question does not fall within those definitions.
In respect of the National ADF Family Health Program, (a) how many families were registered as at 30 June 2014, and how many individuals were covered by these registrations, (b) what out of pocket health costs will be covered under the program, and (c) is the program exempt from proposed co-payments that will apply to some Medicare Benefits Schedule items.
(a) As at 30 June 2014 there were 13,896 ADF families who were registered for the National ADF Family Health Program with a total of 32,714 individual ADF dependants registered.
(b) The National ADF Family Health Program has two components as follows:
(i) The Medical component covers the gap between what the General Practitioner charges and the Medicare Benefit Schedule (MBS) Rebate that the dependant receives. This component is for all MBS items provided in a general practice setting. There is no cap on the medical component.
(ii) The Allied Health and Specialist component provides $400 per dependant, per Financial Year towards a range of allied health vocational groups and / or to cover the gap between the practitioner fee and the MBS Rebate for services provided by a specialist practitioner. This allocation can be shared between registered dependants of the same family.
(c) The proposed MBS co-payment payment will be covered by the National ADF Family Health Program for registered dependants.
What sum is allocated for Australia Week in China in: (a) 2014-15, (b) 2015-16, (c) 2016-17, and (d) 2017-18.
These allocations are shown on page 91 of the 2014-15 Portfolio Budget Statements.
In respect of speech and/or media training since 7 September 2013, (a) what total sum has the Minister's Department spent, and (b) what is the breakdown for such training for the (i) Minister, (ii) Minister's staff, and where applicable, each (iii) junior Minister (including Assistant Ministers), (iv) junior (and Assistant) Minister's staff, (v) Parliamentary Secretary, and (vi) Parliamentary Secretary's staff, and (c) what services were provided and by whom.
(a) Nil.
(b) N/A.
(c) N/A.
In respect of speech and/or media training since 7 September 2013, (a) what total sum has the Minister's department spent, and (b) what is the breakdown for such training for the (i) Minister, (ii) Minister's staff, and where applicable, each (iii) junior Minister (including Assistant Ministers), (iv) junior (and Assistant) Minister's staff, (v) Parliamentary Secretary, and (vi) Parliamentary Secretary's staff, and (c) what services were provided, and by whom.
The Department has not spent any funds on speech or media training for the Minister, Minister's staff,
Parliamentary Secretary or the Parliamentary Secretary's staff since 7 September 2013.
Since 7 September 2013, has the Minister's department paid for or stocked the 'drinks cabinet' for (a) the Minister, and where applicable, each (b) junior Minister (including Assistant Ministers), and (c) Parliamentary Secretary; if so, at what cost.
No.