The SPEAKER ( Hon. Tony Smith ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Dear Ross Vasta
Thank you for your correspondence of 12 October 2016 enclosing Petition PN0001, concerning children in immigration detention. I appreciate the time you have taken to bring this matter to my attention.
As a party to the 1951 Convention Relating to the Status of Refugees and its
1967 Protocol (the Refugees Convention), Australia takes its international obligations seriously. Australia is committed to providing protection to refugees consistent with the obligations set out in the Refugees Convention and other relevant international treaties to which Australia is a party.
The Australian Government views immigration detention as an essential component of strong border control. Immigration detention supports Australia's well-managed migration system and is used to identify individuals and manage potential risks to the Australian community, including national security, health and character risks.
Immigration detention is subject to both administrative and judicial review, and to full parliamentary scrutiny for accountability. The length and conditions of detention are subject to regular review by senior Department of Immigration and Border Protection officers and the Commonwealth Ombudsman.
Whereas Australia's immigration detention population previously comprised mainly illegal maritime arrivals (IMAs), the current profile indicates that visa overstayers and those who have had their visas cancelled under the character test of section 501 of the Migration Act 1958 predominate. Of the last group, many have been found guilty of serious criminal offences.
2
Significant headway has been made over the past year to reduce the number of children in held detention. From a peak of 1,992 children as at 31 July 2013, the number of IMA children in held detention was reduced to zero as at 1 April 2016.
There will be occasions where children transit through immigration detention; this can be due to airport turnarounds, people who are in the final stages of removal from Australia, or due to criminal or security issues. The Department will continue to work to resolve matters involving any children and their families in held detention as quickly as possible and, where possible, will progress their release into the community as a priority.
Health care services for detainees are comparable to those available to the Australian community, under the Australian public health system. Services are provided through on-site primary and mental health clinics with referral to allied and specialist health providers, as required. Acute care is provided by hospitals.
In line with state and territory government legal requirements, all school-aged children living in the community are required to enrol in school. This includes IMA children living in the community on a bridging visa or in community detention.
Thank you for bringing this petition to my attention. Yours sincerely
PETER DUTTON
Fair Work Amendment (Protecting Christmas) Bill 2016
That this bill be now read a second time.
I believe Christmas Day should be a public holiday. Full stop.
Renew Australia Bill 2016
That this bill be now read a second time.
Commonwealth Electoral Amendment (Protect the Eureka Flag) Bill 2016
That this bill be now read a second time.
High Speed Rail Planning Authority Bill 2016
That this bill be now read a second time.
That this House:
(1) notes that:
(a) the United Nations Children's Fund (UNICEF) celebrates its 70th anniversary on 11 December 2016; and
(b) it is mandated by the United Nations General Assembly to advocate for the protection of children's rights, to help meet their basic needs and expand opportunities to reach their full potential;
(2) acknowledges the work of the UNICEF which now operates in over 190 countries and territories and provides a range of important services including child protection, education and child survival needs (such as nutrition and sanitation);
(3) notes that the Government provides $21 million a year in core funding to the UNICEF's regular resources as set out in the Strategic Partnership Framework 2016-2020 signed by the Minister for Foreign Affairs on 27 April 2016;
(4) acknowledges the Minister for Foreign Affairs' October 2016 announcement of $1.5 million in funding for the UNICEF following Hurricane Matthew in Haiti; and
(5) congratulates the UNICEF and its staff around the world for all the good work they do and wishes them well into the future.
…the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child's prosecution and eventual conviction and sentencing.
The pattern of ill-treatment includes the arrests of children at their homes between midnight and 5:00 am by heavily armed soldiers; the practice of blindfolding children and tying their hands with plastic ties; physical and verbal abuse during transfer to an interrogation site, including the use of painful restraints; lack of access to water, food, toilet facilities and medical care; interrogation using physical violence and threats; coerced confessions; and lack of access to lawyers or family members during interrogation.
Treatment inconsistent with child rights continues during court appearances, including shackling of children; denial of bail and imposition of custodial sentences; and transfer of children outside occupied Palestinian territory to serve their sentences inside Israel…
These practices are in violation of international law that protects all children against ill-treatment when in contact with law enforcement, military and judicial institutions.
In response to unprecedented levels of global humanitarian crises and more people displaced by conflict, 22 wealthy nations are increasing their aid contribution, while Australia and Portugal are the only two countries swimming against the tide.
Cutting funding from the poorest and most marginalised children is not effective, ethical or fair. It's time to rebuild, we can do better.
… confront the uncomfortable truth that around the world, the rights of millions of children are being violated every day—
… being violated around the world, in every country, wherever children are the victims of violence, abuse and exploitation, violated wherever they are deprived of an education.
Dr Evatt fought for the oppressed, he fought for our political rights and civil liberties, our freedom of thought and action. We would not find it possible to be as outspoken today as we are if Dr Evatt had not fought for us as a judge, as a politician and as an Australian.
International aid cuts are undermining the effectiveness of programs that are making a huge difference in the lives of people experiencing acute poverty and disadvantage.
Marriage Legislation Amendment Bill 2016 [No. 2]
Surely two adults who love each other should be able to get married regardless of gender, and by preventing them from doing this we are letting an archaic mentality and belief dictate others' lives.
If these countries who have a fundamentally devote Christian voter base have no problem with gay marriage then why are we still opposing it? More importantly, it is a necessary step our magnificent country must take in order to move forward and advance.
Your religion, personal beliefs or preferred political party shouldn't be able to dictate another person's life, their happiness, future or legitimacy. And if you're selfishly allowing an antiquated book or a gut feeling to make your decision maybe you need to take a step back, re-evaluate your position, put yourself in other people's shoes and love your neighbour as yourself.
That this House:
(1) acknowledges that:
(a) 500 to 700 Palestinian children are arrested, detained and prosecuted in the Israeli military court system each year;
(b) Human Rights Watch reported in April that arrests of Palestinian children by Israeli forces had doubled in the preceding six months;
(c) Defence for Children International research, based on 429 affidavits from Palestinian children, indicates that 97 per cent of children had no parent or legal counsel available during interrogation and 75 per cent endured some form of physical violence following arrest;
(d) the United States State Department's 2014 human rights report on Israel states that military courts have more than a 99 per cent conviction rate for Palestinian defendants;
(e) UNICEF has reported that ill-treatment in the Israeli military detention system remains widespread, systematic, and institutionalised throughout the process; and
(f) Australia raised concerns with Israel about the treatment of Palestinian minors in 2011 and 2014, however there has been little improvement concerning the treatment of Palestinian children by Israeli forces; and
(2) calls on the Australian Government to raise concerns with the Israeli Government about the treatment of Palestinian children.
Appropriation Bill (No. 1) 2016-2017
Appropriation Bill (No. 2) 2016-2017
Appropriation (Parliamentary Departments) Bill (No. 1) 2016-2017
Narcotic Drugs Legislation Amendment Bill 2016
Narcotic Drugs (Licence Charges) Bill 2016
Higher Education Support Legislation Amendment (2016 Measures No. 1) Bill 2016
Customs Tariff Amendment (2017 Harmonized System Changes) Bill 2016
Customs Amendment (2017 Harmonized System Changes) Bill 2016
That the orders of the day be referred to the Federation Chamber for debate.
Criminal Code Amendment (War Crimes) Bill 2016
Law Enforcement Legislation Amendment (State Bodies and Other Measures) Bill 2016
Veterans' Affairs Legislation Amendment (Budget and Other Measures) Bill 2016
We cannot underestimate the damage that we might be doing to our people through constant stress. We must do everything we can to help them out psychologically with medical care, with everything. These people are putting their lives on the line, they do this without question. They don't flinch and when they hurt, when they are hurting as they will down the years, we've got to keep stepping up as a society and look after them.
The unions need to clean up their act and get their house in order … It just is appalling. I mean, I wouldn't tolerate it.
You know what I did with the Builders Labourers Federation—I would throw them out.
The government—
has returned the budget to surplus three years ahead of schedule.
I’ll tell you about the Greens … They are a bunch of opportunists and trots hiding behind a gum tree trying to pretend they’re the Labor Party.
… Keating knew that the corporate tax rate needed to be cut to make Australia competitive, that capital and investment would flow to tax-competitive nations and that this was an important job-creation move.
… the Nationals supported the Gonski reforms right from the start. It's good policy, that really benefits country schools and country kids … we don't play politics with our children's future.
Reducing the corporate tax rate … sees more capital flowing into our domestic economy, which will then flow on to workers in the form of higher wages—thereby improving standards of living.
And because reducing the company tax rate is an economic growth instrument, reducing the corporate tax rate … is also an investment in the Australian people—including people who might now be on welfare and require the services of ACOSS members.
It frees up more capital for business to invest in skills and training and apprenticeships and mentoring—
This makes reducing the rate a productivity improver—given its more capital available per person in the company's workforce and more capital available for potential investment in research and development.
Friends, corporate tax reform helps Australia's private sector grow and it creates jobs right up and down the income ladder.
We have unique attributes which can now be shared in a more formal way with our comrades from the United States, and it's a very important part that we are playing as a community in that relationship and we should be very proud of it.
Veterans' Affairs Legislation Amendment (Budget and Other Measures) Bill 2016
That this bill be now read a third time.
Social Services Legislation Amendment (Family Assistance Alignment and Other Measures) Bill 2016
… wants us to believe the federal budget is close to bankruptcy but, in truth, it's this government that's nearer to being morally, politically and economically bankrupt.
It appears to be a deliberate strategy to generate a story which creates this impression that we've got a social security system which is 'bloated and too generous' when the facts will show it's completely to the contrary.
That this bill be now read a third time.
Law Enforcement Legislation Amendment (State Bodies and Other Measures) Bill 2016
(1) Schedule 1, item 12, page 7 (lines 19 to 28), omit paragraph (dc) of the definition of permitted purpose in subsection 5(1), substitute:
(dc) in the case of the Inspector of the Law Enforcement Conduct Commission—dealing with (by reports and recommendations) conduct amounting to:
(i) agency maladministration (within the meaning of subsection (6A)) on the part of the Commission; or
(ii) officer misconduct (within the meaning of section 122 of the Law Enforcement Conduct Commission Act 2016 (NSW)) or officer maladministration (within the meaning of that section) on the part of officers (within the meaning of that Act) of the Commission;
whether or not the subject of a complaint; or
[permitted purpose]
(2) Schedule 1, item 19, page 9 (before line 1), before subsection 5(7), insert:
Permitted purposes—Inspector of the Law Enforcement Conduct Commission
(6A) For the purposes of subparagraph (dc) (i) of the definition of permitted purpose in subsection (1),agency maladministration in relation to the Law Enforcement Conduct Commission has the same meaning as it has in theLaw Enforcement Conduct Commission Act 2016 (NSW) in relation to the NSW Police Force or the Crime Commission.
[permitted purpose]
That this bill now be read a third time.
Customs Tariff Amendment (Expanded Information Technology Agreement Implementation and Other Measures) Bill 2016
That this bill be now read a third time.
Social Services Legislation Amendment (Transition Mobility Allowance to the National Disability Insurance Scheme) Bill 2016
That this bill be now read a third time.
One Nation and others who are saying the things that I think the Liberal Party should be saying, with a bit more nuance and maybe a little bit more delicacy.
To the Honourable the Speaker and Members of the House of Representatives
This petition of VicRoads road users Draws to the attention of the House the urgent need for action on road funding on VicRoads roads for which the Victorian State Government is responsible. The current condition of the VicRoadsroadnetworkmeansthatmotoristsfacedailydanger, inconvinience and risks of vehicle damage. The Turnbull Coalition Government has committed to providing $345 million in roads funding to the Victorian Government's road network and has asked the Victorian Government to match it's funding.
We therefore ask the House to do all within its power to encourage the Victorian State Government to commit to matching the Federal Government's $345 million Victorian rural and regional roads package, including vital repair works on the Princes Highway and Henty Highway for which the Victorian Government isresponsible.
… for a state with around 600 General Practice Managers, Tasmania has been over represented in national accolades this year, and Braddon, it seems, is leading the charge.
We must now turn our attention to the continuing risks facing the health of the Tasmanian people.
Nowhere is this being felt more acutely than in the northern suburbs of Hobart and the North West, where for the first time in memory struggling patients are being asked to pay out of pocket expenses for General Practice visits.
After a series of terrifying home invasions and youth justice riots, Galaxy research conducted exclusively for the Herald Sun shows 68 per cent of voters polled believe authorities are losing the battle against Apex.
And in a direct warning to the Andrews Government, 64 per cent believe it is not doing enough to tackle youth crime and 44 per cent think the state is less safe today than at the 2014 state election.
The Joint Standing Committee on Migration shall inquire into and report on migrant settlement outcomes with reference to:
• the mix, coordination and extent of settlement services available and the effectiveness of these services in promoting better settlement outcomes for migrants;
• national and international best practice strategies for improving migrant settlement outcomes and prospects;
• the importance of English language ability on a migrant's, or prospective migrant's, settlement outcome;
• whether current migration processes adequately assess a prospective migrant's settlement prospects; and
• any other related matter.
The Committee shall give particular consideration to social engagement of youth migrants, including involvement of youth migrants in anti-social behavior such as gang activity, and the adequacy of the Migration Act 1958 character test provisions as a means to address issues arising from this behavior.
For 70 years, American presidents of both parties have understood the simple arithmetic involved—that the more countries have nuclear weapons, the more opportunities there are for nuclear war to break out, whether by design or by accident.
We may not be able to eliminate man's capacity to do evil, so nations—and the alliances that we've formed—must possess the means to defend ourselves. But among those nations like my own that hold nuclear stockpiles, we must have the courage to escape the logic of fear, and pursue a world without them.
We may not realize this goal in my lifetime. But persistent effort can roll back the possibility of catastrophe. We can chart a course that leads to the destruction of these stockpiles.
Given the catastrophic humanitarian consequences of any use of nuclear weapons, Labor firmly supports the negotiation of a global treaty banning such weapons and welcomes the growing global movement of nations that is supporting this objective.
The DEPUTY SPEAKER ( Mr Buchholz ) took the chair at 10:30.
The Australian Government’s myBroadband website details many parts of the Cowan electorate as having ‘D-E’ grade broadband internet quality. Many residents in areas such as Greenwood are unable to access ADSL and are relying on costly and data limited mobile broadband services, this whilst the myBroadband shows Greenwood to have an A rating for ADSL availability. The construction of the NBN is not scheduled to commence in parts of the electorate such as Greenwood until 2018. As the NBN rollout schedule indicates the start of construction and not its availability to consumers, residents of this area will thus have to wait even longer (estimated to be 18 months) to gain access to good quality internet. This is of deep concern to those who do not currently have access to quality broadband services, especially when areas with better quality existing broadband internet are receiving the NBN sooner. This prevents persons from effective communication, able to run businesses from home and most importantly deprive them and their children from equal opportunity for online learning.
That this House:
(1) recognises that:
(a) prior to the passage of the Parliamentary Privileges Act 1987 the Houses of the Australian Parliament had the power to expel a Senator or Member of the House of Representatives;
(b) the expulsion of a Member of this House is the most drastic of sanctions;
(c) on 11 November 1920, the then Member for Kalgoorlie, Mr Hugh Mahon, was expelled from this House; and
(d) Mr Mahon is the only Member to have ever been expelled from this House;
(2) acknowledges that Mr Mahon was expelled:
(a) by a motion brought on hastily and with limited time for debate;
(b) by a vote of the House on party lines; and
(c) without the due process and procedural fairness that such an important issue deserves; and
(3) recognises that:
(a) it was unjust on the limited evidence for the institution to which Mr Mahon had been democratically elected to reverse the decision of his constituents; and
(b) the expulsion of Mr Mahon was a misuse of the power then invested in the House.
The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.
That this meeting of Australian citizens, in view of the policy of oppression and tyranny pursued by the English Government in Ireland, and which has brought eternal disgrace upon the whole British Empire, of which Australia forms a part, pledges its support to any movement for the establishment of an Australian republic.
That, in the opinion of this House, the honorable Member for Kalgoorlie, the Honorable Hugh Mahon, having, by seditious and disloyal utterances at a public meeting on Sunday last, been guilty of conduct unfitting him to remain a Member of this House and inconsistent with the oath of allegiance which he has taken as a Member of this House, be expelled this House.
The indignity surely attaches to the garrotter, not to his victim.
No issue since Federation has caused as much political turmoil in Australia as the conscription debates during the First World War. Neither the Vietnam War nor the Whitlam Government dismissal, two divisive events of more recent times, generated the bitter passions that erupted in 1916 and 1917 when Labor Prime Minister Billy Hughes proposed to introduce military conscription … The Great War also exposed an undercurrent of ugly sectarianism in Australia which was exacerbated by the conflation of the troubles in Ireland and the war against Germany. In 1913, the Irish Home Rule Bill had passed the House of Commons three times, overcoming the constitutional block of the House of Lords, but it was effectively ignored by British military forces in Ireland and the Asquith government, leading to the Easter Rising of 1916 and the subsequent execution of its leaders. To many Irish nationalists in Australia, respect for English constitutionality was shattered.
Mr Hughes made his fight definitely an anti-Mannix fight, as a matter of tactics. Mannix, he said, is against the British Empire. Very well, then, we are against Mannix. At one time it looked as if the whole organisation of the campaign was very much less concerned with the defeat of the Hun than with that of the turbulent Catholic prelate.
That this House:
(1) acknowledges that the Government won the election and has been getting on with the job of governing; and
(2) congratulates the Government for the following achievements:
(a) securing Australia's 25 consecutive years of economic growth;
(b) protecting our borders and making our nation more secure with over 800 days having passed without a successful people smuggling venture;
(c) delivering:
(i) a personal tax cut to 500,000 middle income Australians;
(ii) a fairer and more flexible superannuation system; and
(iii) $11 billion of budget repair;
(d) establishing a process which makes bank Chief Executive Officers answerable to the public through appearances before Parliament;
(e) legislating to protect volunteer firefighters from union takeovers;
(f) reintroducing bills to restore the rule of law on the nation's construction sites;
(g) securing the naval shipbuilding industry and jobs for the future;
(h) strengthening trade and defence ties with Singapore, creating thousands of new jobs;
(i) strengthening the United States alliance in defence, counter-terrorism and cyber security;
(j) reintroducing legislation to crack down on illegal firearms trafficking;
(k) increasing protection for women and children against domestic violence;
(l) growing our industries with record commodity prices and a $2.5 billion water infrastructure rollout to support farmers and the resource sector;
(m) fixing the problems in Vocational Education and Training and cracking down on dodgy providers;
(n) increasing digital literacy and improved school resourcing;
(o) supporting more Indigenous Australians through skills, jobs and language;
(p) signing new City Deals to improve housing and expand public transport;
(q) accelerating the broadband build and connecting rural Australia;
(r) securing an agreement with the states and territories on energy security and reforms for affordable, reliable power;
(s) protecting Medicare, improving primary health care, making over 2,000 medicines cheaper and simplifying private health care;
(t) saving lives through a National Cancer Screening Register;
(u) supporting the South Australian steel sector and jobs by providing a $49.2 million loan to Arrium;
(v) addressing long term welfare dependence;
(w) delivering better:
(i) tax arrangements for working holiday makers and backpackers; and
(ii) child care for 1 million Australians and lifting immunisation rates;
(x) showing a commitment to new resettlement programs for genuine refugees as a result of strong border policies; and
(y) boosting Australia's place in the workforce with access to new markets and stronger ties including with East Asia, Europe, and the United Kingdom.
That this House:
(1) notes:
(a) that the unemployment rate in Australia has barely fallen from immediate post Global Financial Crisis levels;
(b) Treasury projections that the unemployment in Australia is unlikely to improve in the next three years under current policy settings; and
(c) significant labour market indicators such as rate of under-employment and levels of long term and youth unemployment, are continuing concerns within the community and amongst economic commentators, as is the comparative decline in the availability of full time jobs;
(2) further notes that:
(a) rates on unemployment in many Organisation for Economic Co-operation and Development countries have fallen significantly since 2012 while Australia's unemployment rate has remained stagnant; and
(b) Reserve Bank of Australia observations about the likely limited effect on economic activity of further interest rate cuts;
(3) recognises:
(a) the negative impact on the federal budget in continuing high levels of unemployment;
(b) the cost to individuals, the community and the economy in people not being able to find work; and
(c) the Government's failure to grow full-time employment opportunities; and
(4) urges the Government to give higher priority to addressing labour market stagnation and take whatever steps it can through fiscal policy and selective initiatives to address this ongoing blight on Australian society.
That this House:
(1) acknowledges that reducing social harm caused by welfare-fuelled alcohol, drug and gambling abuse is a key priority nationally and for local communities;
(2) recognises that the Government is currently trialling the cashless debit card in two communities—Ceduna in South Australia, and the East Kimberley in Western Australia—in partnership with local community leaders in those communities; and
(3) acknowledges the:
(a) hard work, dedication and commitment of community leaders in Ceduna and the East Kimberley in co-designing the trials with Government, and their leadership in its implementation and delivery in their communities; and
(b) positive initial results of the cashless debit card model in the two trial communities, including the strong positive feedback from the community on the ground.
Unlike other reform efforts undertaken by government, it has been the Indigenous leaders of the East Kimberley who have led this reform…
We believe it's a model that could drive reform across the country.
That this House:
(1) notes:
(a) the Fair Work Ombudsman's (FWO's) report Inquiry into the wages and conditions of people working under the 417 Working Holiday Visa Program (October 2016) found that more than one third of 417 visa holders claimed that they were paid less than the minimum wage;
(b) the inquiry found that the 417 visa program created an environment where unreasonable and unlawful requirements are being imposed on visa holders by unscrupulous businesses;
(c) the FWO, Ms Natalie James, said in a statement that the inquiry confirms that overseas workers seeking regional work to satisfy the 88 day requirement and obtain a second-year 417 visa are particularly vulnerable to exploitation;
(2) acknowledges:
(a) that in 2015-16, 76 per cent of litigations filed by the FWO involved visa holder workers;
(b) that the inquiry found instances of employers engaging in sophisticated labour supply chains involving sham contracting, where workers were in fact employees, to exploit vulnerable 417 visa holders to gain a competitive or commercial advantage through the reduction of labour costs; and
(c) findings from the inquiry found that the 417 visa program has been used to source an unpaid workforce, thus facilitating an unfair commercial advantage to these employers, distorting the market place and placing pressure on the domestic employment market;
(3) expresses its disappointment in the Government for announcing yet another taskforce, the Migrant Workers Taskforce, to look at the issue of worker exploitation, while there is still no legislation that has been presented to the Parliament that will change the law to protect exploited workers; and
(4) calls on the Government to join the Opposition in preventing workers from being exploited by supporting its legislation before the Parliament, the Fair Work Amendment (Protecting Australian Workers) Bill 2016.
Israel enforces severe and discriminatory restrictions on Palestinians’ human rights, and it builds and supports unlawful settlements in the occupied West Bank. Its security forces appear to use excessive force against Palestinian demonstrators and suspected attackers, raising the specter of extra-judicial killings. It has renewed the practice of punitive home demolitions.
In the West Bank, including East Jerusalem, Israeli forces committed unlawful killings of Palestinian civilians, including children, and detained thousands of Palestinians who protested against or otherwise opposed Israel’s continuing military occupation, holding hundreds in administrative detention.
That this House:
(1) notes that as the terrorist group, the Islamic State of Iraq and the Levant, comes under increasing pressure in Iraq and Syria, there is the risk that more foreign fighters will seek to leave, with some trying to return to their home countries, including Australia;
(2) acknowledges that the Government:
(a)has given greater support, funding and legislative powers to law enforcement and security agencies; and
(b)continues to work in close partnership with international partners to counter the terrorism risk; and
(3)notes that the national security challenges facing Australia continue to evolve.
The more I read the more convinced I became that the Islamic State's barbarous behaviour could not possibly be grasped without some real familiarity with the character and content of their ideology. As so often in history, it is ideas that kill.
That this House:
(1) notes with deep concern that:
(a) income inequality in Australia is growing such that currently the top 20 per cent of households receive half of Australia’s income while the bottom 20 per cent receive just four per cent; and
(b) in 2013 the top 1 per cent of Australian earners received 9 per cent of Australia’s income, and the top 0.1 per cent received 2.5 per cent, in both cases representing the highest proportion since the 1950s, and a proportion which continues to increase;
(2) notes rapidly increasing executive and, in particular, Chief Executive Officer (CEO) remuneration, for example between 1971 and 2008, real CEO pay grew by nearly five times, while the real average weekly earnings grew just over one and a half times despite:
(a) research showing that executive pay increases are not closely related to company performance;
(b) the belief that large disparities between executive pay and average earnings might actually demotivate a company’s employees and adversely affect priorities, as reported in the 2009 Productivity Commission inquiry into executive remuneration in Australia; and
(c) the belief that poor remuneration arrangements can promote inappropriate, risky short term decision making, carrying wider economic ramifications including a negative impact on productivity growth;
(3) notes the positive effect of past legislative efforts on ensuring corporate executive remuneration is transparent, particularly the ‘two strikes’ legislation which came into effect in 2011, acknowledging that mandatory disclosure of CEO pay ratios, as required in the United Kingdom and more recently in the United States, would:
(a) provide:
(i) important information to shareholders voting on executive remuneration; and
(ii) a more accurate measure of an important aspect of income inequality in Australia; and
(b) improve the health of our democracy by making important information more accessible to the public; and
(4) calls on the government to consider following the lead of the United States in its Dodd-Frank Wall Street Reform and Consumer Protection Act in mandating that public companies disclose the ratio of a CEO’s annual total remuneration to the average annual total of all company employees.
… policy changes must be seen to be fair …
That this House:
(1) notes that:
(a) on 8 November at Government House the Governor-General awarded ten soldiers with military awards for actions at the Battle of Long Tan; and
(b) these soldiers received these awards 50 years after the Battle of Long Tan:
(i) which was the most costly single battle fought by Australian soldiers in the Vietnam War, involving 105 Australians and three New Zealanders from D Company 6RAR and more than 2,000 enemy troops; and
(ii) where a total of 17 Australians were killed in action and 25 were wounded, one of whom later died from his wounds; and
(2) acknowledges:
(a) the ten soldiers who received an award, some posthumously, including Lieutenant Adrian Roberts, Sergeant Frank Alcorta, Lance Corporal Barry Magnussen (deceased), Second Lieutenant Gordon Sharp (deceased), Privates Neil Bextrum, Ron Brett (deceased), Ian Campbell, William Roche, Geoffrey Peters and Noel Grimes;
(b) the service and sacrifice of all those who served their country in Vietnam; and
(c) all of Australia's service men and women who display courage, bravery and mateship above and beyond the call of duty.
I didn't withdraw at Long Tan and I won't withdraw from the fight to have my men properly recognised.
We will find a way to recognise his soldiers. As a nation, we are indebted to Harry and to his team. We live our lives in this wonderful country because of their sacrifice.
Fifty years is ample time to do what is right. We are the government of the day, and, in my opinion, an injustice has been done that must be addressed.
That this House:
(1) acknowledges that White Ribbon:
(a) is a male led campaign to end male violence against women;
(b) is now active in over 60 countries around the world; and
(c) has ambassadors around Australia who are working to engage men and encourage them to take a leadership role in ending violence against women;
(2) notes that:
(a) in 2016 in Australia, each week approximately one woman is murdered by a partner or former partner;
(b) one in four Australian women has experienced physical or sexual violence by an intimate partner;
(c) men’s violence against women is a symptom of gender inequality in our society; and
(d) social policy initiatives and law reform addressing gender inequality are central to reducing attitudes that support violence against women;
(3) recognises that:
(a) 25 November is White Ribbon Day; and
(b) the white ribbon is the symbol of the International Day for the Elimination of Violence against Women; and
(4) supports White Ribbon and other organisations to eliminate violence against women.
Attitudes must change: violence against a partner is never excusable. No matter how intense relationships may get, violence is never the answer, and victims of abuse must know that it is never their fault. I say to all men: the most masculine, the most manly thing you can do is always to respect your partner.
As we come to grips with the enormity of this issue we now realise employment is the biggest defining factor in whether a person stays, leaves or returns to a violent relationship …
I am so very thankful for the women's refuges throughout Perth, the police who see the destruction first hand yet continue to care for me in the wee hours when nobody else can help, the magistrates who watch our declining culture day in and day out but choose to protect us, still, by putting boundaries in place, and all the people who became a voice for those who had lost theirs.
I am glad that they didn't grow despondent and give up and that on their hard days they continued to press on and serve their community and in all honesty, by doing so, save lives.
They saved my life and the lives of the seven others that were in my care. For that I am thankful.
In respect of the Government's election commitment to allocate $3 million to construct an Airport Boulevard at Ballina, will these funds be allocated in the 2016-17 budget; if so, (a) from which funding program will they come, and (b) what additional funding requirements will be imposed upon the funding recipient for them to receive the funding.
(a) The Government's election commitment to construct an Airport Boulevard at Ballina will be delivered through the Community Development Grants Programme.
(b) This project is being progressed directly with the proponent. The project details are yet to be finalised.
In respect of the Government's election commitment to allocate $125,000 for the installation of a 150 kW rooftop solar system at the Tweed River Regional Art Gallery at Murwillumbah, will these funds be allocated in the 2016-17 budget; if so, (a) from which funding program will they come, and (b) what additional funding requirements will be imposed upon the funding recipient for them to receive the funding.
(a) The Government's election commitment to install a rooftop solar panel system at the Tweed River Regional Art Gallery at Murwillumbah will be delivered through the Community Development Grants Programme.
(b) This project is being progressed directly with the proponent. The project details are yet to be finalised.
In respect of the obligation of Australian employers to pay employee superannuation entitlements under the Superannuation Guarantee Charge Act 1992, (a) what steps are in place to ensure employer compliance with superannuation entitlements to employees, particularly small employers, (b) how can employees best report non-payment of their superannuation entitlements, (c) what is an acceptable timeframe for the Australian Taxation Office (ATO) to respond to employee concerns about non-payment of their superannuation entitlements, (d) what resources and investigative powers does the ATO have to audit employers (particularly small employers) to ensure that they are complying with their superannuation payment obligations, (e) is the regime for ensuring tax compliance (payments to the state) by small business stronger than the regime for ensuring compliance with superannuation payments to their employees, and (f) what resources are available to employees whose employer declares bankruptcy or ceases operation to ensure that they are not out of pocket chasing up their relatively small (but significant to the employee affected) superannuation entitlements.
(a) To ensure that employers comply with their obligations to pay superannuation entitlements to their employees the ATO investigates all reports of unpaid superannuation.
The ATO evaluates this information to identify patterns of behaviour for non-compliant employers that can then be followed up through a range of compliance actions.
(b) In the first instance it is advised that employees should contact their superannuation fund directly to check the contributions received. If they are in doubt that they have received their correct superannuation payments they should discuss the matter with their employer.
The ATO provides a self-assessment calculation tool on ato.gov.au to assist employees to calculate their superannuation guarantee entitlement and allows them to lodge a notification with the ATO of any unpaid entitlements. These issues can also be reported to the ATO by calling 13 10 20.
(c) The ATO recognises the importance of dealing with these matters that are of great concern to the individuals impacted by not being paid their correct superannuation entitlements.
The ATO service standard is to commence 99% of employer investigations within 28 days of receiving an employee notification of unpaid superannuation entitlements, and establish the unpaid amount in 50% of cases within 4 months and 90% of cases in 12 months.
(d) The ATO has responsibility for administering superannuation guarantee under the Superannuation Guarantee (Administration) Act 1992 (SGAA). Under this act, employers are required to make quarterly payments of super guarantee to their eligible employees.
If an employer lodges a Superannuation Guarantee Charge statement late, or fails to provide information, the employer is liable for a penalty of up to 200% of the Superannuation Guarantee Charge.
The ATO reviews and investigates every notification of non-compliance received. In 2015-2016, over 170 staff were dedicated to undertaking compliance related activities to enforce the obligations that employers have for payment of superannuation guarantee for their employees.
When the ATO receives an employee notification about potential non-payment, different compliance treatments are applied depending on a number of circumstances. These include the extent and nature of the alleged non-compliance, the employer's previous compliance history and, circumstances that the employer has no control over, but may impact on the degree of
non-compliance, for example natural disasters.
Depending on the circumstances of a particular case, the employer is likely to be contacted by telephone in the first instance to see if the matter can be resolved quickly. Alternatively, action may be taken through the commencement of an audit. Even at the audit stage, the ATO will generally provide employers with the opportunity to self-correct any superannuation guarantee shortfall for their employees.
Where the employer has not self-corrected and the ATO audit identifies a superannuation guarantee shortfall, an assessment is raised for the outstanding superannuation guarantee charge. This includes a nominal interest component, an administration component and the shortfall amount. Penalties may also be applied where the employer has failed to lodge a Superannuation Guarantee Charge statement or otherwise failed to provide information required.
In seeking to secure payment the ATO may use a range of debt collection approaches including the use of Director Penalty Notices, that enforce payment, as well as other debt collections garnishee options.
(e) The ATO considers the employer's superannuation guarantee obligations when undertaking reviews into other taxation issues of the business that arise, particularly through our small business income taxation program.
Where a superannuation guarantee shortfall is identified and a Superannuation Guarantee Charge liability raised, the debt collection activity undertaken is focused on employee entitlements before any other obligations to the ATO.
(f) In the first instances where an employer has failed to make superannuation contributions, the employee should contact the ATO to enable Superannuation Guarantee Charge assessments to be raised regardless of whether the employer is in an insolvency administration. This allows the ATO to crystallise the debt and have a record of the non-compliance.
In the event of the appointment of an external administrator to a company, the ATO will provide the employee with the insolvency practitioner's details to allow them to pursue their claim further and to establish if the outstanding payment can be recouped. This is a matter that the ATO is not able to determine.
There were legislative changes to the Director Penalty Regime that came into effect from
30 June 2012. The changes mean that the directors of a company are held personally liable for any outstanding superannuation debts that accumulate while the company is solvent. The ATO is able to issue director penalty notices to the directors for the outstanding amount of super guarantee. In 2015-2016 there were an estimated 877 director penalty notices issued to company directors relating to over $130 million in company superannuation guarantee charge debt.
Where unpaid quarters remain unreported for more than 3 months, the directors cannot extinguish their liability by placing the company into liquidation or administration. For any quarterly periods due prior June 2013, the ATO is unable to pursue the directors personally.
The Australian Government provides through its Fair Entitlements Guarantee financial assistance to cover certain unpaid employment entitlements to eligible employees who lose their job due to the liquidation or bankruptcy of their employer. This however does not cover unpaid superannuation guarantee contributions.
Relevant legislative provisions:
Where the employer is an individual
Superannuation Guarantee Charge is a priority in bankruptcies pursuant to section 109 (1C) of the Bankruptcy Act 1966 . It is included in the category of employee entitlements including salary, wages or commission. The maximum amount subject to the priority is adjusted annually and is currently $4,400.
Where the employer is a company
There are similar provisions at s556(1) (e) in the Corporation Act 2001 . These are not limited as in theBankruptcy Act 1966 . Further, changes to theCorporations Act 2001 mean that from
31 December 2007, the SGC must be paid before payments to ordinary unsecured creditors. This means it ranks equally with employees' entitlements for wages and superannuation contributions as long as there are assets available for distribution to priority creditors.
(1) How many employers went out of business in (a) 2014-15, and (b) 2015-16 with unpaid superannuation entitlements to employees.(2) What was the range of these individual employee figures that went unpaid and what sum was the total employee superannuation that disappeared with these firms' operations.(3) What proportion of unpaid superannuation entitlements was recovered in (a) 2014-15, and
(b) 2015-16 from employers who ceased operations leaving unpaid superannuation on their books.(4) Has his department identified how the superannuation compliance regime can be improved; if so, how can it be improved; if not, why not.(5) How many employers were charged the penalty fee for non-compliance with their superannuation obligations in (a) 2014-15, and (b) 2015-16.(6) Is the sum of penalty fees charged for non-compliance with superannuation obligations dispersed into general revenue or is it directed towards improving compliance and collection of entitlements.
(1) Is he or his department aware of concerns about possible flooding arising from the proposed alignment of the Pacific Highway duplication at Warrell Creek, between the Albert Road and Rosewood Road overpasses, New South Wales.
(2) Has reliable hydraulic modelling of Stony Creek (upstream from the railway embankment) been undertaken as part of planning for this section of the duplication; if so, (a) by whom, (b) when, and (c) what did it show.
(3) How was the capacity of the drainage for the new roadworks on this section determined.
(4) Were concerns that the existing railway drainage in this area is insufficient considered or taken into account when determining the road drainage capacity.
(5) What steps have been taken to mitigate flood risk in this Government funded section of the Pacific Highway.
(1) Yes.
(2) These matters are the responsibility of the NSW government. Further information is available on the NSW Roads and Maritime Services website at www.rms.nsw.gov.au.
(3) Refer to response given at (2).
(4) Refer to response given at (2).
(5) Refer to response given at (2).
(1) Is the Government providing funding towards section 10 of the Pacific Highway Ballina to Woolgoolga upgrade.
(2) What steps is the Government taking to ensure that the current plans for the section 10 upgrade will not adversely affect koalas.
(3) Has his department attended meetings on the section 10 upgrade, where the koala issues have been discussed.
(4) Are koala issues on the agenda at meetings on the section 10 upgrade, that are attended by representatives of the Government.
(5) Have alternative route or construction options to address the koala issues surrounding the section 10 upgrade been considered; if so, (a) what are they, and (b) what was the outcome.
(6) What additional measures have been taken to address concerns about the impact of the section 10 upgrade on koalas.
(7) Is the Government satisfied that all reasonable actions have been taken to safeguard koalas in the planning of the section 10 upgrade.
(1) Yes.
(2) Please refer to the Koala Management Plan and Ballina Koala Plan, approved by the Federal Minister for the Environment. These documents are available on the NSW Roads and Maritime Services website at www.rms.nsw.gov.au.
(3) Yes.
(4) Yes.
(5) Refer to response given at (2).
(6) Refer to response given at (2).
(7) Yes.
(1) What impact will WestConnex have on (a) Blackmore Oval, and (b) 10 Darley Road, in Leichhardt, New South Wales.
(2) What community consultations are taking place in respect of the impact of WestConnex construction related activities in Leichhardt.
(3) Is the Government satisfied that options relating to WestConnex construction activity in Leichhardt are minimising negative impacts on the local community.
(4) What steps has the Government taken to ensure a Traffic Management Plan that adequately addresses local impacts will be in place when construction commences.
(1) The question should be put to the NSW Government.
(2) The question should be put to the Sydney Motorway Corporation.
(3) Yes.
(4) Refer to response given at (1).
(1) Has his senior Minister been directly involved in discussions with the (NSW) Government in respect of planning for Stage 3 of the WestConnex project.
(2) Has the NSW Government sought a grant or other support from the Australian Government for Stage 3 of WestConnex.
(3) Is the Australian Government actively considering making a financial contribution to this project.
(4) Is the Australian Government involved in planning discussions for Stage 3 of WestConnex.
(5) Does the Australian Government participate in planning discussions concerning Stage 3 of WestConnex; if so, through which mechanisms.
(1) No.
(2) The Australian Government has provided a $1.5 billion grant through the Infrastructure Investment Programme for the entire WestConnex project.
(3) Refer to response given at (2).
(4) Yes.
(5) Yes. The Department of Infrastructure and Regional Development is represented on the WestConnex Interdepartmental Steering Committee.