The PRESIDENT (Senator the Hon. John Hog g) took the chair at 09:30, read prayers and made an acknowledgement of country.
That the Environment and Communications Legislation Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today.
Introduction
Over recent years successive Defence Ministers have reported to the parliament on Australia's commitment in Afghanistan.
It is proper that the parliament and the Australian people are informed about major military operations where our men and women are in harm's way.
So today I will provide an update on the completion of the Australian mission in Uruzgan and progress in the transition of security responsibility to the Afghan National Security Forces in Afghanistan.
I also intend to address Australia's strong ongoing commitment to Afghanistan throughout 2014 and beyond.
Conclusion of operations in Uruzgan Province
Australian operations in Uruzgan province are drawing to a close.
On Tuesday 3 December 2013, the Commander of ISAF's Regional Command South, Major General Paul LaCamera announced the Afghan National Security Forces have assumed responsibility for security in Uruzgan province.
Over the coming weeks the Australian Defence Force will complete its mission in Uruzgan and the majority of our people will return to Australia
On 28 October, I was privileged to travel to Afghanistan with the Prime Minister to be present at the Recognition Ceremony at the Multi National Base - Tarin Kot in Uruzgan province.
The ceremony was also attended by the Leader of the Opposition in a show of bipartisan support for the achievements of our men and women in Afghanistan.
As is only right, both sides of parliament have been consistent in Australia's support to the mission in Afghanistan, and our long-term commitment to Afghanistan.
The ceremony formally acknowledged the contribution and sacrifice of Australia and our coalition partners to the ISAF mission in Afghanistan in Uruzgan province.
What we have achieved in Uruzgan would not have been possible without the support of our international partners, including our traditional partner the United States and our NATO partners the Netherlands and Slovakia.
We have also been assisted by our regional partner Singapore who provided valuable support to the mission.
Key to the success in Uruzgan, and Afghanistan more broadly, has been the role and support provided by the United States.
Australian and United States Forces have worked side by side and we have embedded ADF personnel in ISAF and United States-based Headquarters.
During my recent visit to Brussels at the NATO/ISAF Defence Ministers, I met with my United States counterpart, Secretary of Defence Chuck Hagel and Commander ISAF, General Joe Dunford.
During these meetings I acknowledged our shared commitments in Afghanistan and highlighted our close practical ties.
I would like to take this opportunity to acknowledge the professionalism and dedication shown by United States military leaders in Afghanistan.
In addition to recognising the efforts of ISAF members, the ceremony in Tarin Kot was an opportunity to recognise the achievements of the Afghan National Security Forces since we have been in Uruzgan.
Over the past 16 months, the Afghan National Security Forces has taken the security lead in the province.
During this period, insurgent efforts to undermine security in Uruzgan have been countered by well-led and increasingly proficient Afghan National Security Forces.
Their continuing success is a direct result of the training and mentoring provided by the ADF, and other coalition partners, which has helped the Afghan National Army 4th Brigade develop as a capable force.
Throughout the 2013 fighting season, the Afghan National Army 4th Brigade has consistently demonstrated its determination to protect the Afghan population.
With support from the Afghan National Police and the National Directorate of Security, the 4th Brigade has taken the fight to the insurgents through a successful series of well-planned and well-coordinated operations.
These operations have reduced the presence and influence of the insurgents in the most contested areas of the province.
The Afghan National Army's 4th Brigade is operating and sustaining independent operations and proving to be effective against the insurgency.
These operations, which are widespread and ongoing, have provided an increased level of freedom and security for the Afghan population in the province, and have given the Afghan government the ability to expand its presence at the local level, enhancing public confidence both in the Afghan National Security Forces and the Afghan government.
It is important to acknowledge that this success in Uruzgan and elsewhere in Afghanistan has been achieved through significant sacrifices by the Afghan National Security Forces.
They remain staunch and committed.
The ANSF's leadership is exemplified by the Afghan Minister for Defence Mohammadi Khan, who I had the opportunity to meet recently in Brussels and Kabul.
But let me be clear: the Afghan National Security Forces in Uruzgan, and across Afghanistan more broadly, will continue to face many challenges going forward.
To remain effective over the coming years, Afghan forces will require significant financial and institutional support and training from the international community.
They will need to build their capabilities in areas where ISAF currently provides support, including maintenance technicians and spare parts, and a logistics system to resupply units in the field.
Despite challenges, Afghan forces remain on-track to transition to full sovereign responsibility for security across the country by the end of 2014.
Uruzgan province, where the majority of our troops have been deployed during our mission in Afghanistan, was, and still is, one of the poorest provinces in Afghanistan.
But the Australian contribution in Uruzgan has helped to build hospitals, medical centres, schools, roads and bridges.
Hundreds of small infrastructure projects have been completed, including wells and reservoirs.
The Trade Training school in Uruzgan has also been a major success and has taught a large number of Afghans plumbing, carpentry, concreting and bricklaying skills.
We have seen the number of health facilities increase from nine in 2006 to 29 in 2013.
There are five times the number of students in school in Uruzgan than there were in 2006; 15 percent of these are girls.
And supporting this has been successive detachments of the Australian Special Operations Task Group, which have partnered with elements of the Afghan National Security Forces to deny the influence of the insurgency and protect the population, giving the Afghan government breathing space to progress development.
As the Prime Minister said during his address at the Recognition Ceremony in Tarin Kot: we have done very good work in Uruzgan.
This work has been a whole of government effort carried out by the ADF, the Australian Federal Police as well as civilians from Defence and the Department of Foreign Affairs who have come together on this difficult task.
And they have attended to their work with an extraordinary degree of professionalism and dedication.
We can look back on the last few years with pride.
As our mission in Uruzgan province draws to an end, the redeployment and remediation of our equipment and the redeployment of Defence personnel in Tarin Kot continues apace.
ADF elements, including the Force Extraction Unit, the Force Support Unit, the Force Communication Unit and the Australian Air Component, which includes the Combat Support Unit are charged with carrying out this complex task.
These ADF elements have an enormous task:
For all that, I am pleased to report that the drawdown of vehicles and materiel, and remediation of infrastructure at the Multi National Base in Tarin Kot remains on schedule for closure of the base at the end of this year.
In December 2012 there was approximately 336 tonnes of stores and equipment at the base in Tarin Kot.
There is now less than 26 tonnes remaining.
Site remediation works, including deconstruction, environmental remediation and hand-back or gifting of infrastructure to the Afghan National Security Forces at the base is almost complete.
And as we prepare to leave Uruzgan, we will not forget to assist those locally engaged Afghan employees who have supported us during our mission Afghanistan.
These include the Afghan interpreters and support workers who have provided an invaluable contribution to our mission by breaking down language and cultural barriers.
We acknowledge that as we leave Afghanistan, locally engaged Afghan employees who have supported Australian government agencies in Afghanistan may come under risk of harm as a consequence of their work with Australian personnel.
We are proud, therefore, to offer those employees, including their immediate family, at the greatest risk of harm the opportunity to resettle to Australia.
While this policy is being implemented, I will not comment on details to protect the safety of those locally engaged Afghan employees who are currently working with us.
But as my predecessor said, it is likely that the total number of locally engaged employees who will be resettled to Australia will be in the hundreds.
A change in commitment, not an end
While we are on track to draw down our forces from Uruzgan province by the end of this year, this does not mark an end to our commitment to Afghanistan.
In 2014, around 400 ADF personnel will continue to be engaged in Afghanistan through training and advising the Afghan National Security Forces in Kabul and Kandahar.
Through to the end of 2014, Australia will provide instructors, advisors and support staff to the UK-led Afghan National Army Officer Academy in Kabul, which will include a force protection platoon.
We will have advisor and support staff working with the Australian-led Afghan National Army 205 Corps Coalition Advisory Team in Kandahar.
This commitment will continue to provide valuable advice within the Afghan National Army 205 Corps senior leadership.
We will also continue to support logistics training with the Logistics Training and Advisory Team in Kabul and we have committed a small number of Special Forces and other Army personnel to training and advising the General Directorate of Police Special Units.
In addition, the Royal Australian Air Force Heron Remotely Piloted Aircraft deployment will be extended to provide Intelligence, Surveillance and Reconnaissance support to enhance security in Regional Command—South during the lead-up to, and conduct of, the elections.
Throughout 2014 Australia will also maintain its cadre of embedded personnel at ISAF Headquarters, ISAF Joint Command and Regional Command—South, a commitment that is valuable to, and praised by, the United States and other coalition partners.
Our personnel in these roles will continue the important process of building the capability of the Afghan National Security Forces to take full security responsibility for their country.
In doing so, they will also continue to face personal danger and risks from the ongoing Taliban insurgency which will continue to seek to undermine Afghanistan's security.
The government is committed to continuing to provide our personnel with the protection and equipment they will need to do their jobs.
Detainee management
With our redeployment from Uruzgan and the change to a training and advisory mission, ADF detention operations are now also drawing to a close.
However, the ADF takes its responsibilities to treat detainees humanely very seriously, and we will continue to ensure we meet our responsibilities, consistent with Australia's international legal obligations and domestic undertakings.
Detainee Management Framework in light of redeployment from Uruzgan
In line with the wider transition of security responsibility in Uruzgan, it is appropriate that we support the Afghan National Security Forces to assume responsibility for detention operations.
ADF personnel will continue to work with the Afghan National Security Forces to develop their capacity to manage Afghan detainees appropriately.
In line with remediation timelines at Multi-National Base—Tarin Kot, Australia's detention facilities have been deconstructed.
The Initial Screening Area operated since 1 August 2010 and provided a safe and humane environment to screen detainees apprehended by the ADF.
International engagement
Our involvement in the mission in Afghanistan has been a shared experience amongst our key allies and other NATO partners.
Australia — United States alliance benefits
Through our respective contributions to the ISAF mission, and our work together in Uruzgan province, Australia has forged closer ties with our ally, the United States.
At the Australia-United States Ministerial Consultations in Washington DC last month, I had the opportunity to discuss progress in Afghanistan with United States Secretary of Defense Chuck Hagel.
Secretary Hagel and I agreed that Australia and the United States will emerge from our shared commitment in Afghanistan with closer practical ties than ever before.
The ADF has worked side by side with United States forces in Afghanistan, leading to improvements in interoperability, people to people links and intelligence sharing.
These improvements are testament to the benefits of our unique Alliance and have enhanced the capability of the ADF.
Australia and the United States will continue to work together to build on the links forged in Afghanistan as we prepare for the post-2014 mission, enhancing and strengthening our enduring partnership as we work to bring security and stability to Afghanistan.
NATO relationship
Through our experience working together in the ISAF operation in Afghanistan, shared values and common objectives to promote peace and stability through cooperation, Australia and NATO have forged a strong and enduring relationship.
Australia remains committed to Afghanistan's long term security and stability and our contribution to the NATO-led post-2014 train, advise and assist mission will help build on the gains achieved over the last decade.
We are also committed to practical cooperation with NATO beyond transition in Afghanistan.
Australia is a nation with global interests, so it is natural that we should maintain links with the NATO Alliance.
The signing of an Individual Partnership and Cooperation Program with NATO earlier this year and a Joint Political Declaration in 2012 underlines the commitment Australia has made to maintaining and building the partnership we have with NATO.
Through senior visits and strategic dialogue, continued collaboration in courses and seminars, participation in NATO exercises and through bilateral exchanges and embedded personnel, Australia will maintain these vital links with NATO.
But it will also be important for Australia to remain agile and equipped to operate with NATO when our interests align.
As a partner country to NATO, Australia brings a number of benefits to the Alliance. Far from home, we have proven to be a steadfast, capable and well regarded military partner.
As we witness a strategic shift to the Indo-Pacific region, particularly the shift of economic weight, Australia is well placed to understand and share insights into the strategic dynamics of our own rapidly developing region.
Australia will remain committed to Afghanistan post-2014
We should be proud about what we and our ISAF partners have achieved in Afghanistan.
In 2000, there were 1.2 million students enrolled in school across Afghanistan; there are now over 10 million.
Nearly 40 per cent of school-age girls – that is roughly three million – are enrolled in school.
Female voting participation rate is at 40 per cent.
Over the last ten years, Afghanistan has improved most out of all countries on the United Nations Development Index.
So it is important to note that Afghanistan has come a long way over the last decade.
Looking beyond 2014, the international community will remain committed to Afghanistan.
At the Chicago NATO / ISAF Summit in May 2012, the international community renewed a firm commitment to a sovereign, secure and democratic Afghanistan.
Leaders acknowledged that beyond the end of the transition period, NATO and Afghanistan will work to establish a new NATO-led Mission to train, advise, and assist the Afghan National Defense and Security Forces.
Australia will also remain committed to Afghanistan beyond end 2014, when the current ISAF missions in Afghanistan comes to an end.
In 2014, we will turn our attention to national-level support and will remain committed to supporting security in Afghanistan.
Australia has pledged to contribute to the post-2014 NATO-led 'train, advise, assist' mission, including at the Afghan National Army Officer Academy in Kabul.
Beyond 2014, a Status of Forces Agreement is required to provide the legal basis for the deployment of the NATO-led mission to train, advise and assist the Afghan security forces.
NATO and partners, have commenced planning for a Status of Forces Agreement with Afghanistan in order to provide the legal framework for the post-2014 mission.
NATO has the lead for negotiating a Status of Forces Agreement with the Afghan Government for its post-2014 NATO-led mission and any foreign forces operating in Afghanistan post-2014 would need to do so under appropriate legal arrangements.
As I said earlier, to consolidate and build on the security gains, the Afghan National Security Forces will need ongoing training support.
Australia has a vital national interest in supporting Afghanistan's stability and security after transition.
Australian Battle Casualties
The efforts and sacrifice of our men and women in Afghanistan, whether it is the various elements of the ADF, the Australian Federal Police or civilians, will not be forgotten.
As most of our troops return home, we will continue to work with them and care for them.
And we will continue to work with their families.
We will make sure that their needs are met and that they are given every opportunity to address any potential mental health issues which may have arisen as a consequence of the environment in which they have been operating in.
We continue to work closely with Veterans' Affairs on this front and acknowledge the substantial progress which we have made over recent years to improve services and assistance for ADF members, including their families.
So I want to again echo the words of the Prime Minister during his address to our troops in Afghanistan, we have done good work.
It has been a very difficult commitment.
But still, to be able to help our allies, defend our national interests and uphold our values is just about the best thing that any Australian can do.
The truth of the matter is that the ADF's sacrifices and those of the Afghans, the United States and other ISAF partners have bought time for the Afghan security forces to build and field a force able to take full security responsibility for their country.
It is now up to the Afghans to take the lead, with the international community supporting them.
The efforts of over 26,500 men and women of the ADF who have served in Afghanistan since 2002 have made this possible.
Our people have paid a high price for our achievements in Afghanistan.
261 Australians have been wounded during our mission.
We have lost 40 of our best.
We mourn them. Their families and friends mourn them.
We continue to work with their families to support them on their road to recovery.
We are better positioned than we have ever been to assist them.
Together with Veterans' Affairs we have built resilience programs and services to continue assisting the families of our wounded and we continue to work with the families of our fallen soldiers to provide assistance to them where we can.
We honour our fallen soldiers and acknowledge the ultimate sacrifice which they made for their country.
We will never forget them.
An inscription I saw during my recent visit to Tarin Kot summarised their sacrifice in a few words: "All gave some, some gave all".
… we need to have a crystal clear understanding of why we're getting into the fight, how long for, what we hope to achieve, how we will leave, and what conditions might prompt us to change strategy—this has let us down in Afghanistan. Human beings die as a result of warfare.
But will our efforts, no matter how impressive locally, significantly influence the myriad problems afflicting the government and people of Afghanistan? Ten years from now, will anyone in Afghanistan remember that Australians shed blood for them? For a man like me, a lifetime soldier inculcated with a sense of duty and service, these are difficult questions to confront.
I cannot justify any one of the Australian lives lost in Afghanistan.
Although dedicated to the fallen in Afghanistan, I guess it's a representation of the commitment and courage of the Australian digger over generations. It's here to remind people that the freedoms and liberties we seem to hold so dearly, and yet often tend to take for granted, come at a terrible price—we mustn't forget that.
That government business notices of motion nos 1 and 2 standing in my name for today, relating to the hours of meeting and routine of business, be postponed till a later hour of the day.
Climate Change Authority (Abolition) Bill 2013
The Authority presents two options:
The Authority will recommend a single 2020 target and a single 2030 trajectory range in its Final Report.
The Government has a long-standing commitment to abolish the Climate Change Authority (CCA) because it is not needed.
Abolishing the CCA will make a significant contribution to delivering a smaller climate change bureaucracy.
The first round of the Filling the Research Gap program has provided multi-year grants to 58 projects to the value of $47.3 million to support research into emerging abatement technologies, strategies and innovative management practices that reduce greenhouse gas emissions from the land sector, sequester carbon and enhance sustainable agricultural practices.
The first round of the Action on the Ground program has provided multi-year grants to 59 projects to the value of $25.2 million that are supporting more than 420 farmers from across the county to trial on-farm practices and technologies to demonstrate how farmers can reduce agricultural greenhouse gas emissions or increase the sequestration of carbon in soil on their properties.
These round one Filling the Research Gap and Action on the Ground projects cover a broad range of farming practices and climatic and geographic conditions associated with the dairy, livestock (grazing and feedlot industries), horticulture and cropping industries and will help farmers become more sustainable and resilient. The funding for these projects is an investment in the future of Australia’s agricultural sector.
Until 1 December last year, there was a bipartisan commitment in Australia that this carbon price, this exercise in reducing emissions, should be imposed by means of a market based mechanism—this emissions trading scheme.
…
As we have seen in recent days, alternatives such as direct regulation or subsidies will be far more costly to the economy, no matter how hard their designers seek to argue the contrary.
… in relation to the Climate Change Authority (Abolition) Bill—why are we putting that forward? Because if you remove the carbon tax there is no real need for this authority, …
… the argument of consensus … is a flawed argument.
… whether carbon dioxide is quite the environmental villain that some people make it out to be is not yet proven.
Science should only be practised by people who adhere to a religion, preferably of the Christian variety.
The world's climate scientists and advocates for action are just trying to "stamp out democracy".
Young climate change campaigners are like the "Hitler youth".
Professor Ross Garnaut's views on climate change are "fascist".
Climate change scientists should be prosecuted and locked up
Direct Action would involve more economic disruption and have less environmental payoff than a trading scheme—
Any economist who did not opt for emissions trading should hand their degree back—
Emissions trading systems provided the lowest cost for reducing carbon pollution among the different approaches available—
The Government will simply buy back the lowest cost abatement instead of having to tax the whole economy.
… a fund enabling the government to buy the most cost effective means of reducing emissions through a tender process.
… we know that picking winners is hard enough for the private sector, and well nigh impossible for the public sector. We know that when tax revenues are handed out to one firm or industry they come at the expense of all the other firms and families that paid that tax.
On a subject as complex as climate change, I would have thought every government—whatever its complexion—would want to get good independent advice … I find it a bit frustrating this opportunity … seems to be foreclosing a bit with the present government. I think that's a disappointment.
Have people on the tribunal from the transport industry—people who know the industry and who are in the industry—not just those who are representing the workers. Then, and only then, will you see fairness in the tribunal.
The proposal to change the RDA is being put forward in the name of free speech. Vilifying entire groups of people because of their race has nothing to do with free speech. To be vilified because of one’s ethnicity or national origin hurts one’s ability to participate fully in society.
Racial hatred causes serious harm to individuals and the current law balances freedom of speech with freedom from vilification.
Many Aboriginal and Torres Strait Islander peoples experience racism and hate speech on a regular basis … Strong legal protections send a clear message that racist hate speech is not acceptable and that people who experience such treatment will be protected by the law.
The repeal of section 18C would be incredibly damaging, sending a signal that hate speech is acceptable and allowing racism to get a foothold in our proudly multicultural nation …
Whether you are on a sporting field or walking down the street, racism and racial vilification have no role to play in our community. It is unacceptable and it causes harm to that person and their family, it cuts to the core of who that person is …
Several high profile incidents in recent years demonstrate that we still have a long way to go as a community and that laws protecting people from racial vilification are necessary …
The whole of my life ... I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.
For example, I don't think our actions on the carbon tax were right. … to begin with, we didn't have a mandate for it.
… it is irresponsible and dishonest to call for a surplus, but block responsible savings measures that would deliver it.
Unfortunately the Green Car Innovation Fund was abolished, leaving international company executives wondering just what they had to do to get a consistent government policy commitment in Australia.
That the Senate take note of the answers given by the Minister for Employment (Senator Abetz) to questions without notice asked by Senators Wong and Carr today relating to the announcement by GM Holden of its decision to cease its manufacture of cars in Australia by 2017.
We are completely dedicated to strengthening our global operations while meeting the needs of our customers … The decision to end manufacturing in Australia reflects the perfect storm of negative influences the automotive industry faces in the country, including the sustained strength of the Australian dollar, high cost of production—
small domestic market and arguably the most competitive and fragmented auto market in the world.
GM remains committed to the automotive industry in Australia and New Zealand. We recognize the need for change and understand the government’s point of view.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Waters today relating to decisions taken by the Minister for the Environment (Mr Hunt).
That leave of absence be granted to Senator Marshall for 11 December and 12 December 2013, for personal reasons.
That leave of absence be granted to Senator Macdonald, for personal reasons, for Thursday, 12 December 2013.
(1) That the following matter be referred to the Education and Employment References Committee for inquiry and report by 13 May 2014:
Technical and further education (TAFE) in Australia, including:
(a) the role played by TAFEs in:
(i) educational linkages with secondary and higher education,
(ii) the development of skills in the Australian economy,
(iii) the development of opportunities for Australians to improve themselves and increase their life, education and employment prospects, and
(iv) the delivery of services and programs to support regions, communities and disadvantaged individuals to access education, training and skills and, through them, a pathway to further education and employment;
(b) the effects of a competitive training market on TAFE;
(c) what public funding is adequate to ensure TAFEs remain in a strong and sustainable position to carry out their aims;
(d) what factors affect the affordability and accessibility of TAFE to students and business;
(e) different mechanisms used by state governments to allocate funding; and
(f) the application and effect of additional charges to TAFE students.
(2) That, in conducting its inquiry, the committee must:
(a) consider any public information provided to the 2013 House of Representatives inquiry by the Standing Committee on Education and Employment on the role of the technical and further education system and its operation; and
(b) hold public hearings in all capital cities, with a minimum of Melbourne, Sydney, Perth and Brisbane, as well as a major regional centre in either New South Wales or Victoria.
That—
(a) if by 8 pm on Thursday, 12 December 2013, the following bills have not been finally considered:
Clean Energy Finance Corporation (Abolition) Bill 2013
Climate Change Authority (Abolition) Bill 2013
Clean Energy Legislation (Carbon Tax Repeal) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2013
True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2013
True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2013
Customs Tariff Amendment (Carbon Tax Repeal) Bill 2013
Excise Tariff Amendment (Carbon Tax Repeal) Bill 2013
Clean Energy (Income Tax Rates and Other Amendments) Bill 2013
Minerals Resource Rent Tax Repeal and Other Measures Bill 2013
Social Services and Other Legislation Amendment Bill 2013
Higher Education Support Amendment (Savings and Other Measures) Bill 2013,
the Senate shall not adjourn, the routine of business from not later than 8 pm shall be government business only, and the Senate shall continue to sit until it has finally considered these bills, or a motion for the adjournment is moved by a minister, whichever is the earlier; and
(b) divisions may take place after 4.30 pm.
The Senate divided. [15:49]
(The President—Senator Hogg)
That the following matter be referred to the Economics References Committee for inquiry and report by 26 March 2014:
Ticket scalping in Australia, with particular reference to:
(a) the prevalence of ticket scalping and its impact on ticket prices and sales,
(b) the effectiveness of current state-based consumer protection legislation, and how these measures can be improved, including through a federal approach;
(c) issues of illegality, including the prevalence of counterfeit tickets; and
(d) any related matters.
That the following matters be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 13 June 2014:
(a) the decision of the Australian Government to fund the East West Link in Melbourne in the absence of:
(i) any full business case, and
(ii) any recommendation to that effect from Infrastructure Australia;
(b) the economic, social and environmental justifications for the proposed East West Link;
(c) whether alternative projects, including public transport projects, would be more appropriate;
(d) the impacts of the proposed East West Link on:
(i) residents of Melbourne,
(ii) traffic congestion, including in areas adjacent to the link,
(iii) public transport,
(iv) open spaces and parkland,
(v) the environment,
(vi) climate change and Australia's greenhouse gas pollution, and
(vii) any social and cultural features of Melbourne; and
(e) any other related matter.
The Senate divided. [15:57]
(The Deputy President—Senator Parry)
That, in place of the orders relating to the broadcasting of Senate and committee proceedings, the Senate adopts the following:
1 Provision of broadcast
(1) The Senate authorises the broadcast and rebroadcast of proceedings and excerpts of proceedings of the Senate and of its committees in accordance with this order.
(2) The Senate authorises the provision of sound and vision coverage of proceedings of the Senate and its committees, including records of past proceedings, through the House Monitoring Service and through the Parliament of Australia website.
(3) Access to the House Monitoring Service sound and vision coverage of the proceedings of the Senate and its committees is provided to persons and organisations as determined by the President, on terms and conditions determined by the President which must not be inconsistent with this order.
(4) The President shall report to the Senate on persons and organisations in receipt of the service and on any terms and conditions determined under paragraph 1(3).
(5) Use of sound and vision coverage of proceedings of the Senate and its committees, including records of past proceedings, published on the Parliament of Australia website is subject to conditions of use determined by the President.
2 Broadcast of Senate proceedings—House Monitoring Service
Access to proceedings provided through the House Monitoring Service is subject to compliance with the following conditions:
(1) Only the following broadcast material shall be used:
(a) switched sound and vision feed of the Senate and its committees provided by the Parliament that is produced for broadcast, rebroadcast and archiving; and
(b) official broadcast material supplied by authorised parliamentary staff.
(2) Broadcast material shall be used only for the purposes of fair and accurate reports of proceedings, and shall not be used for:
(a) political party advertising or election campaigns; or
(b) commercial sponsorship or commercial advertising.
(3) Reports of proceedings shall be such as to provide a balanced presentation of differing views.
(4) Excerpts of proceedings which are subsequently withdrawn may be broadcast only if the withdrawal is also reported.
(5) The instructions of the President or his or her delegates, which are not inconsistent with these conditions or the rules applying to the broadcasting of committee proceedings, shall be observed.
3 Broadcast of committee proceedings
The following conditions apply to the broadcasting of committee proceedings:
(1) Recording and broadcasting of proceedings of a committee may occur only in accordance with the authorisation of the committee by a deliberate decision of the committee.
(2) A committee may authorise the broadcasting of only its public proceedings.
(3) Recording and broadcasting of a committee is not permitted during suspensions of proceedings, or following an adjournment of proceedings.
(4) A committee may determine conditions, not inconsistent with this order, for the recording and broadcasting of its proceedings, may order that any part of its proceedings not be recorded or broadcast, and may give instructions for the observance of conditions so determined and orders so made. A committee shall report to the Senate any wilful breach of such conditions, orders or instructions.
(5) Recording and broadcasting of proceedings of a committee shall not interfere with the conduct of those proceedings, shall not encroach into the committee’s work area, or capture documents (either in hard copy or electronic form) in the possession of committee members, witnesses or committee staff.
(6) Broadcasts of proceedings of a committee, including excerpts of committee proceedings, shall be for the purpose only of making fair and accurate reports of those proceedings, and shall not be used for:
(a) political party advertising or election campaigns; or
(b) commercial sponsorship or commercial advertising.
(7) Where a committee intends to permit the broadcasting of its proceedings, a witness who is to appear in those proceedings shall be given reasonable opportunity, before appearing in the proceedings, to object to the broadcasting of the proceedings and to state the ground of the objection. The committee shall consider any such objection, having regard to the proper protection of the witness and the public interest in the proceedings, and if the committee decides to permit broadcasting of the proceedings notwithstanding the witness’ objection, the witness shall be so informed before appearing in the proceedings.
4 Broadcast of proceedings of committees when considering estimates
The public proceedings of legislative and general purpose standing committees when considering estimates may be broadcast through the House Monitoring System and through the Parliament of Australia website in accordance with this order, and in accordance with any further conditions, not inconsistent with this order, determined by a committee in relation to the proceedings of that committee.
5 Radio broadcast of parliamentary proceedings by the Australian Broadcasting Corporation—general principles
The Senate adopts the following general principles agreed to by the Joint Committee on the Broadcasting of Parliamentary Proceedings on 19 March 2013:
( a ) Allocation of the broadcast between the Senate and the House of Representatives
The proceedings of Parliament shall be broadcast live whenever a House is sitting. The allocation of broadcasts between the Senate and the House of Representatives will be in accordance with the standing determinations made by the Joint Committee on the Broadcasting of Parliamentary Proceedings. It is anticipated that over time, the coverage of each House will be approximately equal.
( b ) Rebroadcast of questions and answers
At the conclusion of the live broadcast of either House, questions without notice and answers thereto from the House not allocated the broadcast shall be rebroadcast.
( c ) Unusual or exceptional circumstances
Nothing in these general principles shall prevent the Joint Committee on the Broadcasting of Parliamentary Proceedings from departing from the principles in unusual or exceptional circumstances.
6 Television broadcast of question time by the Australian Broadcasting Corporation
(1) The Senate authorises the television broadcast and rebroadcast by the Australian Broadcasting Corporation of question time in the Senate.
(2) The distribution of television broadcasts between the two Houses shall be in accordance with the distribution of the radio broadcast, provided that the Senate is broadcast on not less than 3 days in any 2-week sitting period.
7 This order is of continuing effect.
Criminal Code Amendment (Harming Australians) Bill 2013
That the following bill be introduced: A Bill for an Act to amend the Criminal Code Act 1995 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
After the deaths of 202 people, 88 of whom were Australians, in the Bali terrorist attacks of 2002, the then Howard Government introduced legislation to make it a crime to harm Australians overseas. The definition of harm includes murder, manslaughter, and intentionally or recklessly causing harm.
At the time, the legislation to amend the Criminal Code Act 1995 was made retrospective to cover occurrences dating from 1 October 2002. This covered the so-called ‘Bali Bombings’ but not cases prior to that date.
I have been approached by a family who have been directly impacted by the limited time period that applies to the provisions under Division 115 of the Act. Their family member was brutally murdered before the 1 October 2002 date, and the case has never been resolved.
The amendments in this bill remove the commencement date for these provisions, and therefore allow them to apply to any case before 1 October 2002 that meets the criteria under Division 115. The aim of this bill is to ensure all Australians can receive justice under these provisions, not just those who were affected after a certain date.
The Act itself already contains safeguards to prevent unmeritorious claims. Section 115.6 contains provisions relating to bringing proceedings under this division, and requires that proceedings must not commence without the written consent of the Attorney-General. This measure will ensure that only cases with evidence that would likely lead to a successful prosecution would be pursued.
Further, in response to concerns regarding the retrospectivity of criminal law, it is important to note that the original bill that established these provisions, the Criminal Code Amendment (O ffences Against Australians) Bill 2002 , was in itself retrospective. The Bill itself was assented to on 14 November 2002, but the provisions came into effect from 1 October 2002. Presumably this was to ensure the Bali Bombings, which occurred on 12 October 2002, were covered by the provisions.
As such, in response to criticisms of retrospectivity and changing the law to suit a particular case, the bill that established Division 115 in 2002 forms the precedent for the measures in this bill.
Equally, this bill deals with crimes of murder, manslaughter and causing serious harm, which already exist in all other jurisdictions. As such, this bill does not establish a crime retrospectively, but instead extends the capacity for involvement of Australian law enforcement that this Division already provides.
Ultimately, this question is one of support for Australian families who have lost loved ones overseas or who have suffered serious injury as a result of a criminal act. It provides a further avenue for investigation when local authorities do not have the ability or will to pursue a case, and provides an avenue of justice where there would otherwise be no resolution.
It makes no sense to limit a person’s access to justice when the crimes concerned include murder and manslaughter. These are rightly considered inexcusable acts, and the right to seek justice in these cases should not be limited. As Martin Luther King said: “ Law and order exist for the purpose of establishing justice , and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. ”
That the Senate expresses its sincere condolences to the families, friends and work colleagues of Mr Craig Gleeson and Mr Alistair Lucas, who were tragically killed at work at the Mount Lyell copper mine on Tasmania's west coast on Monday, 9 December 2013.
That the Senate—
(a) notes that:
(i) the ongoing humanitarian crisis in Syria is staggering, and that according to Oxfam and CARE – two non-government organisations (NGOs) operating in the region – estimates suggest that:
(A) more than 100 000 lives have been lost and more than 2.2 million people have fled the country since 2011,
(B) an estimated 9.3 million people are in need of humanitarian assistance inside Syria, and
(C) around 6.5 million people have been forced to flee their homes and remain trapped inside the country,
(ii) most refugees are hosted by Lebanon and Jordan, with estimates of over one million refugees in Lebanon alone,
(iii) more than 80 per cent of refugees are living outside of camps, in informal shelters, and
(iv) as winter rapidly approaches in the region and temperatures plummet, many refugees have inadequate shelter; and
(b) calls on the Federal Government to:
(i) provide critically needed assistance at the upcoming donor conference to be held in Kuwait in January 2014, which addresses both the immediate and long term needs of people affected by the crisis,
(ii) contribute its fair share of funding to the United Nations (UN) new appeals for Syria, as well as calling on other international donors to follow this example,
(iii) continue to actively use all diplomatic channels, including Australia's membership on the UN Security Council, to drive work towards a political solution to the crisis, and to facilitate an effective humanitarian response from the international community, through pushing for increased access for humanitarian agencies, including NGOs like CARE and Oxfam, to enable them to reach people most in need of assistance across the region, and
(iv) actively support the Geneva Two peace talks scheduled for 22 January 2014, and by pushing for an urgent ceasefire and actively promoting the critical role of the Syrian people and civil society, especially women, in this dialogue and any ongoing peace negotiations.
That the Senate—
(a) notes:
(i) the Australian Broadcasting Corporation (ABC) is accountable to its charter, its board and the people of Australia,
(ii) editors and journalists, not politicians, should make editorial decisions in a democracy that values a free press,
(iii) 80 per cent of Australians surveyed believe the ABC is balanced and even-handed when reporting news and current affairs, and
(iv) the ABC and the Special Broadcasting Service are vital public news, information, education and entertainment services for the benefit of citizens and audiences rather than advertisers and shareholders;
(b) rejects:
(i) complaints about the ABC unfairly competing with commercial media as vindictive and misconceived, and
(ii) government interference in the editorial decisions made by the ABC; and
(c) calls on all parties to commit to maintaining the ABC as a well-funded public broadcaster with an independent board free from political interference.
That the Senate—
(a) notes that:
(i) more than 100 000 Australians experience homelessness each night,
(ii) the National Partnership Agreement on Homelessness (NPAH) expired in June 2013, and
(iii) the Government's lack of commitment to housing and homelessness is causing uncertainty, in regard to the future of homelessness services; and
(b) calls on the Australian Government to:
(i) immediately recommence negotiations with the states and territories on the NPAH and report progress to the Senate on Thursday, 12 December 2013, and
(ii) compile a list of homelessness programs that will be cut in each state and territory, and the number of jobs lost, if the National Partnership is not renewed, and provide this list to the Senate by Thursday, 12 December 2013.
Omit subparagraph (a)(i), substitute:
(i) at the 2011 Census more than 100 000 Australians experienced homelessness,
Omit subparagraph (b)(ii), substitute:
(ii) provide a list of the homelessness programs and the numbers of staff working in those services, currently funded by the interim NPAH that would not be continued in the event that the NPAH is not renewed.
That the Senate—
(a) notes:
(i) the results of the 2012 Programme for International Student Assessment of students' mathematical, scientific and reading literacy, published on 3 December 2013, which showed students attending provincial and remote schools were performing as much as 2 years of schooling behind students in metropolitan schools, and
(ii) the Gonski Review of Funding for Schooling also found the performance of students in rural schools is significantly below that of students in city schools, and recommended additional funding for these schools;
(b) recognises:
(i) Australian students in rural areas deserve the same educational opportunities as students in metropolitan areas,
(ii) additional Commonwealth Government funding to improve student outcomes is not guaranteed to reach the most needy rural schools under unconditional funding arrangements with state governments, and
(iii) rural students will likely continue to be disadvantaged as a result; and
(c) calls on the Commonwealth Government to negotiate agreements with all state governments which ensure rural schools receive appropriate funding, in accordance with the recommendations of the Gonski review, including loadings for remoteness or a school's limited size.
That there be laid on the table by the Minister representing the Minister for Immigration and Border Protection, no later than noon on Thursday, 12 December 2013, all incident reports, briefings, internal communications and other reports (excluding already publicly available documents), between the Minister or the Minister's office and the Department of Immigration and Border Protection or the Detection, Interception and Transfer Task Group and related agencies in relation to an undetected boat arrival suspected to have arrived on Monday, 3 December 2013, carrying 27 asylum seekers.
That the Senate records its deepest condolences for the families and loved ones of the three refugees, including a toddler, who tragically lost their lives at sea on a boat bound for Australia.
That the Senate—
(a) notes That the United States Trade Representative has undertaken to publish the full text of all free trade agreements negotiated on behalf of the United States of America (US) 'well before' signing to invite further comments from the US Congress and the US people;
(b) resolves That the Australian Senate and the people of Australia are entitled to scrutinise proposed agreements before signing; and
(c) orders that there be laid on the table by the Minister representing the Minister for Trade, the full text of the proposed Korea Australia Free Trade Agreement, the Trans-Pacific Partnership Agreement and other bilateral and plurilateral trade agreements at least 14 days before signing.
That the Senate calls on the Government to:
(a) send a Customs vessel to the Southern Ocean now That the whaling season has commenced, as it is important that Australia has a Southern Ocean presence given the ongoing risk of confrontation between whalers and protestors; and
(b) ensure That the resources devoted to patrolling illegal foreign fishing are not diverted to other activities, including That the Australian Customs Vessel Ocean Protector and/or its replacement is provided with sufficient funding to devote an adequate level of patrol days in the Southern waters every financial year.
… ensure that the resources devoted to patrolling illegal foreign fishing are not diverted to other activities.
That the Senate—
(a) acknowledges that the Great White Shark is listed under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as a threatened (vulnerable) and migratory species; and
(b) calls on the Government to:
(i) maintain protection for the Great White Shark under the EPBC Act,
(ii) oppose any proposals to cull Great White Sharks by the Western Australian Government, and
(iii) support further research including radio tagging to better understand the shark population, including any changes in their behaviour as a result of ocean warming, which will allow governments to better inform and protect ocean users.
That the Senate—
(a) notes that:
(i) only Australia's most precious places, species and ecosystems are protected by our national environment laws, namely the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act),
(ii) each year only a limited number of developments across Australia – projects that will significantly impact on these nationally protected places, species and ecosystems – need to seek approval under our national environment laws,
(iii) assessment bilateral agreements can streamline environmental assessment processes without compromising environmental protections, and
(iv) a recent inquiry by the Environment and Communications Legislation Committee looking at whether the Federal Government should be prevented from handing its EPBC Act approval powers to state governments found:
(A) there was no compelling evidence to show how an approval agreement would improve business efficiency, and
(B) that it is not appropriate for the states and territories to exercise decision making powers for approvals in relation to matters of national environmental significance; and
(b) calls on the Federal, state and territory governments of Australia to:
(i) ensure that final approval decisions for projects significantly impacting species, ecosystems and wilderness places protected under our national environment laws remain with the national environment minister, and
(ii) abandon any plans to progress approvals of bilateral agreements under the EPBC Act.
That the Senate—
(a) notes the concerns of the International Organization for Migration, Human Rights Watch and Amnesty International, regarding the treatment of migrant workers in Saudi Arabia, arising from reports of people being transported to remote areas without adequate shelter and water, exploitation of, and violence against, the workers and their families; and
(b) calls on the Saudi Arabian Government to work with international agencies and human rights groups to improve the working and living conditions for foreign workers.
(1) That, a select committee, to be known as the Select Committee into the Abbott Government's Commission of Audit, be established to inquire into the Commission of Audit established by the Commonwealth Government and, in particular, any report of that Commission to the Government, with interim reports as the committee sees fit and a final report on or before 13 May 2014, with particular reference to:
(a) the nature and extent of any cuts or changes to government expenditure recommended by the Commission;
(b) the effect of any proposed cuts or changes on the provision of services, programs or benefits by the Government;
(c) the effect of any proposed cuts or changes on the ability of the public service to provide advice to government;
(d) the effect of any proposed changes to the current split of roles and responsibilities between the Commonwealth Government and state and territory governments on the current levels of government expenditure, taxation and service delivery;
(e) the potential impact of any proposed revenue measures on the Budget and on taxpayers, including access to services like health and education;
(f) the potential impact of any proposed cuts or changes to government expenditure or service provision on employment and the economy;
(g) the consistency of the Commission's recommendations with the Government's commitments on spending on health, medical research, education, and defence spending;
(h) the potential impact of any proposed cuts or changes on the structural budget balance over the forward estimates and the next 10 years;
(i) the potential impact that any proposed changes to Commonwealth budgeting arrangements might have in undermining public confidence in the provision of Commonwealth government accounts;
(j) the potential effects of any proposed cuts or changes on the Government's medium to long term fiscal position, such as reducing future productivity, reducing the tax base and government revenues, or increasing future demand for government programs or support;
(k) whether the Commission's terms of reference are appropriate, and, in particular, whether consideration ought be given to alternative means of:
(i) improving the efficiency and effectiveness of government expenditure,
(ii) improving the state of the Commonwealth's finances and addressing medium term risks to the integrity of the budget position,
(iii) improving the fairness and efficiency of revenue raising, including that businesses cover the full cost of their activities, and that individuals with greater capacity contribute more to government revenue,
(iv) funding infrastructure and enhancing Australia's human, economic and natural capital, or
(v) improving the public service; and
(l) any other matters the committee considers relevant.
(2) That the committee consist of 7 senators, 3 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and 1 nominated by the Leader of the Australian Greens.
(3) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(4) That 3 members of the committee constitute a quorum of the committee.
(5) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(6) That the committee elect as chair a member nominated by the Leader of the Australian Greens and as deputy chair, a member nominated by the Leader of the Opposition.
(7) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(8) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(9) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, has a casting vote.
(10) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to examine.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings, the evidence taken and such interim recommendations as it may deem fit.
(12) 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.
(13) That the committee be empowered to print 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.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
'The Abbott Government's sacrificing of the climate and our Great Barrier Reef with its approval of the world's largest coal port at Abbot Point and the Arrow LNG plant in the Reef.'
We will streamline the environmental approval process for all users—resulting in less duplication across federal and state jurisdictions and delivering a real boost to the nation’s productivity. We will establish a one-stop shop environmental approvals process covering both Commonwealth and state legislation, that maintains high environmental standards, delivers certainty for all users and importantly makes swift decisions.
In Australia, there is no hierarchy of descent; there must be no privilege of origin. The commitment is all.
… you, the mothers, who sent their sons from faraway countries, wipe away your tears; your sons are now lying in our bosom and are in peace. After having lost their lives on this land they have become our sons as well.
That the time for the presentation of the report of the Senate Environment and Communications Legislation Committee on Australia Post be extended to 31 March 2014.
That the Senate take note of the report.
GOVERNMENT RESPONSE TO PARLIAMENTARY COMMITTEE REPORTS
________________________________________
RESPONSE TO THE SCHEDULE TABLED BY THE PRESIDENT OF THE SENATE ON 27 JUNE 2013
Circulated by the Leader of the Government in the Senate
Senator the Hon Eric Abetz
11 December 2013
A Certain Maritime Incident (Senate Select)
Report on a Certain Maritime Incident
The Government response is being considered.
Australia ' s Food Processing Sector ( Senate Select )
Inquiry into Australia ' s food processing sector
The Government response is being considered and will be tabled in due course.
BROADCASTING LEGISLATION (Joint Select)
Three broadcasting reform proposals
The Government response is being considered and will be tabled in due course.
Community Affairs Legislation
Annual reports (No. 2 of 2012)
The Government response is being considered.
National Disability Insurance Scheme Bill 2012 [Provisions]
The Bill was passed in the Senate on 20 March 2013 and in the House of Representatives on 21 March 2013.
Community Affairs References
The effectiveness of special arrangements for the supply of Pharmaceutical Benefits Scheme (PBS) medicines to remote area Aboriginal Health Services
The Government response is being considered.
The role of the Therapeutic Goods Administration regarding medical devices, particularly Poly Implant Prothese (PIP) breast implants
The Government response was presented out of sitting in the Senate on 31 July 2013 and tabled on 12 November 2013.
The factors affecting the supply of health services and medical professionals in rural areas
The Government response is being considered.
Palliative care in Australia
The Government response is being considered.
Australia ' s domestic response to the World Health Organization ' s (WHO) Commission on Social Determinants of Health report " Closing the gap within a generationˮ
The Government response is being considered.
Supply of chemotherapy drugs such as Docetaxel
The Government response is being considered.
Constitutional Recognition of Local Government (Joint Select)
Preliminary report on the majority finding of the Expert Panel on Constitutional Recognition of Local Government: the proposal, timing and likely success of a referendum to amend Section 96 of the Australian Constitution to effect financial recognition of local government
The Government response is being considered and will be tabled in due course.
Final report on the majority finding of the Expert Panel on Constitutional Recognition of Local Government: the case for financial recognition, the likelihood of success and lessons from the history of constitutional referenda
The Government response is being considered and will be tabled in due course.
Corporations and Financial Services (Joint Statutory)
Inquiry into aspects of agribusiness managed investment schemes
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
Statutory oversight of the Australian Securities and Investments Commission
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
Access for small and medium business to finance
The Government response is being considered.
Report on the 2010-11 annual reports of bodies established under the ASIC Act
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
Inquiry into the Personal Liability for Corporate Fault Reform Bill 2012
The Government is considering the Committee's recommendations.
Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012
A response to the Committee's recommendations was incorporated into the Bill and Explanatory Memorandum.
Family business in Australia―different and significant: why they shouldn ' t be overlooked
The Government is considering the Committee's recommendations.
Corporations and Financial Sector Legislation Amendment Bill 2013
Response provided by Government on 21 November 2013.
Corporations Amendment (Simple Corporate Bonds and Other Measures) Bill 2013
Schedule 1—Response to be provided in updated Explanatory Memorandum; Schedule 2—the Government is not proceeding with these measures.
Regulatory framework for tax (financial) advice services (previously Tax Laws Amendment (2013 Measures No. 2) Bill 2013 , Schedules 3 and 4)
Addressed through the introduction and passage of Tax Laws Amendment (2013 Measures No. 3) Act 2013 .
Cyber-Safety (Joint Select)
Second interim report — Cyber safety for seniors — A worthwhile journey
The Government response is being considered.
Economics Legislation
Food Standards Amendment (Truth in Labelling Laws) Bill 2009
The Government response is being considered.
Annual reports (No. 2 of 2010)
The Government response is being considered.
Annual reports (No. 1 of 2012)
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
Clean Energy Amendment (International Emissions Trading and Other Measures) Bill 2012 [Provisions] and related bills
The Government response is being considered.
Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013 [Provisions]
Addressed through the passage of the Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013.
Economics References
Consenting adults deficits and household debt — links between Australia ' s current account deficit, the demand for imported goods and household debt
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
Access of small business to finance
The Government does not intend to respond to the report as this matter is being considered as part of the Government's Financial System Inquiry.
Competition within the Australian banking sector
The Government does not intend to respond to the report as this matter is being considered as part of the Government's Financial System Inquiry.
The post-GFC banking sector
The Government does not intend to respond to the report as this matter is being considered as part of the Government's Financial System Inquiry.
Review of changes to car fringe benefits arrangements
The Government does not intend to respond, as the Government announced its policy on fringe benefits tax during the 2013 election campaign.
Development and operation of the Minerals Resource Rent Tax
The Committee recommendation to abolish the Minerals Resource Rent Tax is being addressed through the Minerals Resource Rent Tax Repeal and Other Measures Bill 2013.
Education, Employment and Workplace Relations Legislation
Fair Work Amendment (Small Business — Penalty Rates Exemption) Bill 2012
The bill lapsed at end of 43rd Parliament on 12 November 2013.
Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 [Provisions]
The Government response is being considered and will be tabled in due course.
Asbestos Safety and Eradication Agency Bill 2013 [Provisions]
The Government's response was given during the debate on the bill.
Social Security Amendment (Supporting More Australians into Work) Bill 2013 [Provisions]
The Bill was passed in both houses of Parliament on 28 June 2013.
Education, Employment and Workplace Relations References
Provision of childcare
The Government response is being considered and will be tabled in due course.
Higher education and skill training to support agriculture and agribusiness in Australia
The Government response is being considered and will be tabled in due course.
The shortage of engineering and related employment skills
The Government response is being considered and will be tabled in due course.
The adequacy of the allowance payment system as a support into work and the impact of the changing nature of the labour market
The Government response is being considered and will be tabled in due course.
Teaching and learning — maximising our investment in Australian schools
The Government response is being considered and will be tabled in due course.
Electoral Matters (Joint Standing)
Implications of the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 (NSW) for the conduct of Commonwealth elections
The Government response is being considered and will be tabled in due course.
Report on the funding of political parties and election campaigns
The Government response is being considered and will be tabled in due course.
Review of the AEC analysis of the FWA report on the HSU
The Government response is being considered and will be tabled in due course.
Advisory report on the Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
The then Government provided its response to the report during the subsequent parliamentary debate on the bill on 13 March 2013.
ENVIRONMENT AND COMMUNICATIONS LEGISLATION
Environment Protection and Biodiversity Conservation Amendment (Retaining Federal Approval Powers) Bill 2012
No formal Government response will be tabled because of the intention to implement a 'one stop shop' approvals process.
Broadcasting Legislation Amendment (Convergence Review and Other Measures) Bill 2013 [Provisions] and related bills
The Government's response was given during the debate on the bill.
Environment Protection and Biodiversity Conservation Amendment Bill 2013 [Provisions]
No formal Government response will be tabled as the Bill obtained Royal Assent in June 2013.
Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill 2013
No formal Government response will be tabled because of the intention to implement a 'one stop shop' approvals process.
ENVIRONMENT AND COMMUNICATIONS REFERENCES
The koala — saving our national icon
The Government response is being considered and will be tabled in due course.
The Australian Broadcasting Corporation ' s commitment to reflecting and representing regional diversity
The Government response is being considered and will be tabled in due course.
The feasibility of a prohibition on charging fees for an unlisted number service
The Government response is being considered and will be tabled in due course.
ENVIRONMENT, COMMUNICATIONS AND THE ARTS REFERENCES
The impacts of mining in the Murray-Darling Basin
The Government response is being considered and will be tabled in due course.
Finance and Public Administration Legislation
Plebiscite for an Australian Republic Bill 2008
The Government response is being considered.
The performance of the Department of Parliamentary Services — Interim report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
The performance of the Department of Parliamentary Services — Final report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
Finance and Public Administration References
Staff employed under Members of Parliament (Staff) Act 1984
The Government response is being considered.
Implementation of the National Health Reform Agreement
The Government response is being considered.
Progress in the implementation of the recommendations of the 1999 Joint Expert Technical Advisory Committee on Antibiotic Resistance
The Government response is being considered.
FOREIGN AFFAIRS, DEFENCE AND TRADE (Joint Standing)
Australia ' s trade and investment relationship with Japan and the Republic of Korea
The Government response is being considered and will be tabled in due course.
Care of ADF personnel wounded and injured on operations
The Government response is being considered and will be tabled in due course.
Trading lives: Modern day human trafficking
The Government response is being considered and will be tabled in due course.
FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION
Autonomous Sanctions Bill 2010 [Provisions]
The former Government responded to the Committee's recommendations during the Second Reading Speech on the Bill in the Senate on 10 May 2011, tabling a replacement explanatory memorandum taking account of the recommendations.
International Organisations (Privileges and Immunities) Amendment Bill 2013
The Bill was debated and passed by the previous Parliament.
Export Finance and Insurance Corporation Amendment (New Mandate and Other Measures) Bill 2013 [Provisions]
The Government does not intend to reintroduce the bill.
Export Market Development Grants Amendment Bill 2013
The Government does not intend to reintroduce the bill.
FOREIGN AFFAIRS, DEFENCE AND TRADE REFERENCES
Australia ' s overseas development programs in Afghanistan
The Government response is being considered and will be tabled in due course.
The importance of the Indian Ocean rim for Australia ' s foreign, trade and defence policy
The Government response is being considered and will be tabled in due course.
Gambling Reform ( Joint Select )
Fifth report — The advertising and promotion of gambling services in sport — Broadcasting Services Amendment (Advertising for Sports Betting) Bill 2013
The Government response is being considered and will be tabled in due course.
Intelligence and Security (Joint Statutory)
Report of the inquiry into potential reforms of Australia ' s national security legislation
The Government response is being considered and will be tabled in due course.
Law Enforcement (Joint Statutory)
Inquiry into the gathering and use of criminal intelligence
The Government response is being considered and will be tabled in due course.
Examination of the Australian Crime Commission annual report 2011-12
The Government response is being considered and will be tabled in due course.
Legal and Constitutional Affairs Legislation
Migration Amendment (Health Care for Asylum Seekers) Bill 2012
The Government response is being considered and will be tabled in due course.
Exposure draft of the Human Rights and Anti-Discrimination Bill 2012
The previous Government sought time to examine the recommendations arising from the committee's report into the Bill. Future directions for federal anti-discrimination laws will be considered by the Government.
Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012
The legislation lapsed at end of 43rd Parliament.
Public Interest Disclosure Bill 2013 [Provisions ]
The Government response is being considered.
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 [Provisions]
The Bill was passed by Parliament on 25 June 2013 and received Royal Assent on 28 June 2013.
Legal and Constitutional Affairs References
The road to a republic
The Government response is being considered.
Impact of federal court fee increases since 2010 on access to justice in Australia
The Government response is being considered and will be tabled in due course.
Value of a justice reinvestment approach to criminal justice in Australia
The Government response is being considered.
Migration (Joint Standing)
Immigration detention in Australia — A new beginning — Criteria for release from detention — First report of the inquiry into immigration detention
The Government response is being considered and will be tabled in due course.
Immigration detention in Australia — Community-based alternatives to detention — Second report of the inquiry into immigration detention
The Government response is being considered and will be tabled in due course.
Immigration detention in Australia — Facilities, services and transparency — Third report of the inquiry into immigration detention
The Government response is being considered and will be tabled in due course.
Inquiry into migration and multiculturalism in Australia
The Government response is being considered and will be tabled in due course.
National Broadband Network (Joint Standing)
Review of the Rollout of the National Broadband Network — Fifth Report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
National Broadband Network (Senate Select)
Another fork in the road to national broadband — Second interim report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
Third report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
Fourth interim report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
Final report
The Government response was presented out of sitting in the Senate on 2 August 2013 and tabled on 12 November 2013.
National Capital and External Territories (Joint Standing)
Etched in stone? Inquiry into the administration of the National Memorials Ordinance 1928
The Government response is being considered and will be tabled in due course.
An estate for the future―The allocation of land to diplomatic missions in the ACT
The Government response is being considered and will be tabled in due course.
Report on the visit to Norfolk Island — 29-30 April 2013
The Government response is being considered and will be tabled in due course.
Public Accounts and Audit (Joint Statutory)
Report 417: Review of Auditor-General ' s reports tabled between February 2009 and September 2009
The Government response is being considered.
Report 423: Review of Auditor-General ' s reports Nos 39 (2009-10) to 15 (2010-11)
The Government response is being considered.
Report 434: Annual public hearing with the Commissioner of Taxation - 2012
The government response was given by Executive Minute.
Report 435: Review of Auditor-General ' s reports Nos 33 (2011-12) to 1 (2012-13)
The government response was given by Executive Minute.
Report 436: Review of the 2011-12 Defence Materiel Organisation major projects report
The Government response is being considered.
Report 437: Review of Auditor-General ' s reports Nos 2 to 10 (2012-13)
The Government response is being considered.
Report 438: Advisory report on the Public Governance, Performance and Accountability Bill 2013
The Government response is being considered.
PUBLIC WORKS (Joint Standing)
Public works on Christmas Island
The Government response is being considered and will be tabled in due course.
Regional and Remote Indigenous Communities (Senate Select)
Final report 2010
The Government response is being considered.
Rural and Regional Affairs and Transport Legislation
Australian Sports Anti-Doping Authority Amendment Bill 2013
The Government response is being considered.
Competition and Consumer Amendment (Australian Food Labelling) Bill 2012 (No. 2)
The Government response is being considered.
Rural and Regional Affairs and Transport References
The possible impacts and consequences for public health, trade and agriculture of the Government ' s decision to relax import restrictions on beef — First report
The Government response is being considered and will be tabled in due course.
The possible impacts and consequences for public health, trade and agriculture of the Government ' s decision to relax import restrictions on beef — Final report
The Government response is being considered and will be tabled in due course.
Management of the Murray Darling Basin — The impact of mining coal seam gas on the management of the Murray-Darling Basin — Interim report
The Government response is being considered and will be tabled in due course.
Operational issues in export grain networks
The Government response is being considered and will be tabled in due course.
Examination of the Foreign Investment Review Board national interest test―Interim report: Tax arrangements for foreign investment in agriculture and the limitations of the Foreign Acquisitions and Takeovers Act 1975
The Government does not intend to respond to the report because of the time elapsed since the report was tabled.
The management of the Murray-Darling Basin―Final report
The Government response is being considered and will be tabled in due course.
Aviation accident investigations
The Government response is being considered and will be tabled in due course.
Auditor-General ' s reports on Tasmanian Forestry Grants Programs
The Government response is being considered and will be tabled in due course.
Foreign investment and the national interest
The Government is considering the Committee's recommendations.
Treaties (Joint Standing)
Report 128—Inquiry into the Treaties Ratification Bill 2012
The Government response is being considered and will be tabled in due course.
Report 130―Treaty tabled on 14 August 2012
The Government response is being considered and will be tabled in due course.
That senators be discharged from and appointed to committees in accordance with the document circulated in the chamber.
Education and Employment References Committee—
Appointed—
Substitute members:
Senator Wright to replace Senator Rhiannon for the committee's inquiry into the Australian Building and Construction Commission, including the provisions of the Building and Construction Industry (Improving Productivity) Bill 2013 and any related bills
Senator Wright to replace Senator Rhiannon for the committee's inquiry into the provisions of the Fair Work (Registered Organisations) Amendment Bill 2013
Participating member: Senator Rhiannon.
Environment and Communications References Committee—
Appointed—
Substitute member: Senator Milne to replace Senator Waters for the committee's inquiry into the Direct Action Plan
Participating member: Senator Waters
National Disability Insurance Scheme—Joint Standing Committee—
Discharged—Senator Urquhart
Appointed—Senator Gallacher
Rural and Regional Affairs and Transport Legislation Committee—
Appointed—
Substitute member: Senator Ludlam to replace Senator Siewert for the committee's inquiry into the provisions of the Infrastructure Australia Amendment Bill 2013
Participating member: Senator Siewert.
Australian Capital Territory Water Management Legislation Amendment Bill 2013
Environment Legislation Amendment Bill 2013
Infrastructure Australia Amendment Bill 2013
Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
ENVIRONMENT LEGISLATION AMENDMENT BILL 2013
This Bill provides legal certainty for past decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) relating to approved conservation advice and makes amendments to the EPBC Act and theGreat Barrier Reef Marine Park Act 1975 (Cth) (the Marine Park Act) relating to turtles and dugong.
The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places.
More specifically, the EPBC Act protects Australia's native species by providing for the identification and listing of species, the development and use of conservation advice and recovery plans for listed species; and criminal offences relating to certain activities, including the killing or injuring of listed species without a permit.
The Marine Park Act also provides for the conservation of protected species through zoning, issuing of permits and implementation of plans of management. The Marine Park Act includes aggravated civil and criminal offences for killing or injuring a protected species which includes listed threatened, marine or migratory species under the EPBC Act.
The EPBC Act and Marine Park Act are well acknowledged for achieving a high level of protection for the environment. Nevertheless, the need for improvements has arisen as a result of recent case law and, separately, concerns were raised with me by the Member for Leichhardt, the Hon Warren Entsch, about ongoing illegal poaching and trading of turtles and dugong.
This Bill:
The Bill will provide legal certainty to industry stakeholders and strengthen environmental protection for turtles and dugong.
Conservation Advice Amendments
Approved conservation advice contains information on key threats to a threatened species or ecological community and actions needed to aid the recovery of the species or ecological community.
The EPBC Act provides that the decision-maker must have regard to approved conservation advices in making certain decisions under the EPBC Act, for example, when making a decision about whether to approve an action.
The need for Schedule 1 of the Bill has arisen as a result of a recent Federal Court decision ( Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694 ). In that decision, the Federal Court declared an approval for a project invalid because the court found that the decision-maker did not have regard to a relevant approved conservation advice.
The Bill provides that if the Minister fails to have regard to conservation advices under the EPBC Act this will not invalidate anything, in respect of anything done by the Minister prior to 31 December 2013.
Importantly, the requirement to have regard to a relevant approved conservation advice has not been affected in any other way.
The provision applies to ensure that decisions before 31 December 2013 are not put at risk of being invalid. This will provide certainty for industry stakeholders with existing decisions and the projects that rely on those decisions. The provision does not apply to decisions made after 31 December 2013.
Turtle and Dugong Amendments
Turtles and dugong are highly regarded by Australians for their ecological value as well as their cultural and spiritual importance.
All six species of marine turtles found in Australian waters are listed as threatened under the EPBC Act, with loggerhead, leatherback and olive ridleys listed as endangered, while green, hawksbill and flatback turtles are listed as vulnerable. Dugong and turtles are also listed as both migratory and marine species under the EPBC Act. Further, turtles and dugong are protected species under the Marine Park Act.
The EPBC Act currently contains various criminal offences relating to the killing, injuring, taking, trading, keeping or moving of turtles and dugong where they are a listed threatened, migratory or marine species. Likewise, the Marine Park Act currently contains criminal offences and civil penalty provisions which apply to the taking of, or injury to, turtles and dugong where they are a protected species under that Act.
Concerns have been raised with me that the current penalty provisions in the EPBC Act and Marine Park Act are not high enough to protect turtles and dugong from the increasing threats of poaching, illegal hunting and illegal transportation and trade.
Accordingly, on 15 August 2013 the Government announced our 'Dugong and Turtle Protection Plan' which aims to protect the dugong and turtle population of Far North Queensland and the Torres Strait Islands. I acknowledge the considerable work that has already been undertaken by Indigenous communities and by Indigenous rangers to ensure the protection and sustainability of turtle and dugong populations.
As part of the Dugong and Turtle Protection Plan, we made a commitment to ' [w]ithin six months .... introduce Federal legislation tripling the penalties for poaching and illegal transportation of turtle and dugong meat. ' We also committed to support a specialised Indigenous ranger program for marine conservation along the far north Queensland Coast and for strengthened enforcement and compliance.
The Dugong and Turtle Protection Plan forms part of this Government's Reef 2050 Plan to ensure that we have long term and sustainable management of the Great Barrier Reef.
The Bill implements this policy commitment by amending the EPBC Act and the Marine Park Act to increase criminal and civil penalties for:
The increased penalties will deter people from committing offences or breaching civil penalty provisions under the Acts, thereby providing additional protection for turtles and dugong from the threats of poaching, illegal hunting and illegal transportation and trade.
Under the Native Title Act 1993 (Cth), native title holders have a right to exercise native title rights to harvest marine turtles and dugong for the purpose of personal, domestic, or non-commercial communal needs. These native title harvesting rights will not be affected by the Bill.
This Bill demonstrates the Australian Government's commitment to the conservation of turtles and dugong and, as part of the Government's Reef 2050 Plan, strengthens our capacity to preserve the Great Barrier Reef as an important feature of national and world heritage for future generations.
INFRASTRUCTURE AUSTRALIA AMENDMENT BILL 2013
The purpose of the Infrastructure Australia Amendment Bill 2013 is to strengthen the role of Infrastructure Australia, as an independent, transparent and expert advisory body through a change in its governance structure and through better clarification of its functions.
This Government is committed to ensuring that Australia has the productive infrastructure we need to meet the challenges ahead.
Australia's future growth will be significantly influenced by our capacity to deliver more appropriate, efficient and effective infrastructure and transport. Investment in nationally significant infrastructure is central to growing Australia's productivity and improving the living standards of Australians now and in the future.
To maximise productivity improvement through investment, funding must flow to projects that yield the highest benefits. Therefore, it is critical to base project selection on rigorous analysis and sound planning to avoid wasteful investment. The Government recognises that Australia needs improved planning—coordinated across jurisdictions—to underpin investment decisions and regulatory reforms.
We are, therefore, focussed on long term planning based on robust, evidence based findings through a greater understanding of the critical issues facing Australia's infrastructure and land transport system.
While the Government fully supports Infrastructure Australia in its role as a key advisor to government on infrastructure project and policy reforms, it is committed to strengthening it by restructuring its governance, clarifying the scope of its responsibilities and entrenching its role as a key advisor to government.
Infrastructure Australia was established by the former Government in 2008 as an independent advisor to governments in an effort to eliminate the short-term cycle in project prioritisation and to develop a national view on infrastructure priorities and policies.
Infrastructure Australia, however, has not been successful in fundamentally changing the way projects are identified as national priorities. Whilst it has delivered priority project lists, projects are derived from state and territory government project proposals and the prioritisation is based on the extent to which the project business case is advanced rather than the extent to which the project will contribute to improved national productivity.
Moreover, the current structure of Infrastructure Australia does not provide the degree of independence and transparency needed to provide the best advice to Government about the infrastructure priorities that will reverse Australia's productivity slide.
The bill will re-establish Infrastructure Australia as a separate entity under the Commonwealth Authorities and Companies Act 1997, which will provide for an independent governing entity that is both legally and financially separate from the Commonwealth.
It will strengthen its independence, improving Infrastructure Australia's ability to build strong relationships with State and Territory Governments and industry, which are collectively responsible for delivering and managing much of Australia's infrastructure assets.
Notwithstanding the proposed changes, Infrastructure Australia will remain an advisory body only. It will not be the decision-maker in terms of funding allocation. That responsibility will remain with governments.
The change in governance structure will allow Infrastructure Australia to better demonstrate transparency and rigour in its prioritisation of projects and its advice on policy reforms while facilitating a level of independence from governments.
The changes to Infrastructure Australia's governance structure include:
Improvement in the quality and transparency of advice is expected to assist governments in its investment decision making, ensuring funding is directed to projects that return the greatest productivity improvement.
In respect of the Board, the breadth of skills and experiences of the Board members will be the same as is currently the case for the Infrastructure Australia council and the existing council members. They will also be considered for re-appointment to the Board.
In addition, the Board will be required to produce an annual report to the Minister for Infrastructure and Regional Development, which will be made available to the Council of Australian Governments. The report will detail Infrastructure Australia's achievements, report on progress against its deliverables and its findings in respect to its policy reform analysis; and set out the forward work programme.
This bill also refines and clarifies the functions of Infrastructure Australia thereby better enabling the organisation to focus its resources to delivering the Government's reform programme in the timeframes required and in a manner that will achieve the desired outcome.
The Government's proposed changes to enhance Infrastructure Australia's existing functions include:
(a) conducting evidence based audits of Australia's current infrastructure asset base, in collaboration with State and Territory governments, which would be revised every five years;
(b) developing in 2014 a fifteen year infrastructure plan for Australia, with this plan being revised every five years:
(i) the plan is to clearly specify infrastructure priorities at national and state levels, based on rigorous and transparent assessment;
(ii) the plan is to include clearly defined service standards for project delivery, identify short and long term productivity gains as well as any complementary projects required to maximise productivity gains;
(iii) the plan will recommend infrastructure projects on the basis of a transparent and rigorous cost benefit assessment of their viability;
(iv) a project pipeline should clearly articulate a timeframe in which projects will be brought to market commencing with those projects of highest productivity value;
(v) this work is to be developed in close consultation with State and Territory Governments, but should not solely rely on submissions from State and Territory Governments and third parties;
(c) review all projects seeking Commonwealth funding worth more than $100 million (including transport, water, telecommunications, energy, health and education sectors and excluding Defence projects) and publish the reasons for its decisions.
Infrastructure Australia, in undertaking its functions, will be required to take into account broader economic considerations such as environmental sustainability and safety issues.
The recommended changes to Infrastructure Australia's governance structure and the additional functions will be met from within the existing appropriation for Infrastructure Australia.
Furthermore, as the proposed amendments to the governance structure of Infrastructure Australia are mechanical in nature, there are no regulatory or financial impacts on business and the non-for-profit sectors.
In terms of consultation, the Government has consulted with Commonwealth government agencies, Infrastructure Australia, key industry infrastructure stakeholders and state jurisdictions over the last twelve months.
Changing Infrastructure Australia's governance structure by abolishing the Infrastructure Coordinator role within the legislation with a Chief Executive Officer position, will require a consequential amendment to the Income Tax Assessment Act 1997 (ITA Act).
Under the ITA Act, the Infrastructure Coordinator is responsible for designating infrastructure projects eligible for the tax loss incentive. The bill provides for a suitable person or persons to be determined by the Minister for Infrastructure and Regional Development, in consultation with the relevant Treasury Portfolio Minister, to fulfil this role.
This change will need to occur simultaneously with amendments to the Infrastructure Australia Act 2008 to ensure the function maintains its authority. The proposed consequential changes have been developed in consultation with the Treasurer, the Hon Joe Hockey MP who has legislative responsibility with the ITA Act.
In summary, the Government is committed to broadening the current infrastructure reform agenda in collaboration with jurisdictions and industry to improve productivity and drive economic growth.
The Government's infrastructure reforms aimed at reducing duplication, streamlining approval processes, improving planning and coordination across all levels of government and stimulating investment are critical in a fiscally challenged environment so that we can maximise our current resources and thereby minimise the pressure to rely entirely on investment as a means to raise productivity.
The reform to Infrastructure Australia is a key component of this broader reform package and is critical in better enabling it to deliver quality independent advice. The Government will rely on this advice when considering priority projects, which is important to improving productivity.
The Government will remain focussed on delivering critical infrastructure, ensuring we are getting value-for-money for our investments and will be dedicated to embracing and increasing innovation in project delivery.
The Government is committed to building the infrastructure of the 21st Century and these reforms to Infrastructure Australia will help us in achievement of this goal.
The Government will lead the way, but we recognise that to drive this change, we must be in partnership with the construction and investment communities. This co-investment of not only capital, but of shared will and vision, will be the basis for building our nation and improving the living standards of our people.
MIGRATION AMENDMENT (REGAINING CONTROL OVER AUSTRALIA'S PROTECTION OBLIGATIONS) BILL 2013
The Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013 amends the Migration Actto remove the criterion for the grant of a Protection visa on the basis of complementary protection, and to remove other related provisions.
Complementary protection is the term used to describe a category of protection for people who are not refugees as defined by the Refugees Convention but who also cannot be returned to their home country, because there is a real risk that they would suffer a certain type of harm that would engage Australia's international non-refoulement obligations under theConvention Against Torture, and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) and theInternational Covenant on Civil and Political Rights (ICCPR), namely:
The complementary protection criterion currently in the Act, having commenced on 24 March 2012, allows consideration of claims raising Australia's non-refoulement obligations under the CAT and the ICCPR as part of the Protection visa process and allows a Protection visa to be granted if those obligations are engaged and other visa requirements are met. This is in addition to the consideration of the Refugees Convention criterion.
The government has always opposed the inclusion of complementary protection in the Protection visa framework. It is the government's position that it is not appropriate for Australia's non-refoulement obligations under the CAT and the ICCPR to be considered as part of a Protection visa application under the Migration Act. Such a measure creates another statutory product for people smugglers to sell.
In saying this, the bill does not propose to resile from or limit Australia's non-refoulement obligations, nor is it intended to withdraw from any Conventions to which Australia is a party. Australia remains committed to adhering to ournon-refoulement obligations under the CAT and the ICCPR. Anyone who is found to engage Australia'snon-refoulement obligations under these treaties will not be removed from Australia in breach of these obligations. However, determining the appropriate mechanism for considering complementary protection claims is a separate issue.
Introducing the complementary protection criteria into the Protection visa framework goes beyond the requirements of the Refugees Convention. Under the previous government, this created a new channel for asylum seekers to gain access to a permanent Protection visa outcome even though they were found not to be a refugee.
Since the commencement of the complementary protection provisions on 24 March 2012 only 57 applications have satisfied the requirements for the grant of a Protection visa on complementary protection grounds. This begs the question as to why it was necessary to introduce complementary protection into a statutory framework which required a complementary protection assessment to be undertaken for every asylum seeker. This was a costly and inefficient way to approach the issue given the small number of people who meet the complementary protection criterion.
In fact, by far the greatest proportion of people who engage Australia's protection obligations are currently captured under the Refugees Convention. The interpretation of the Refugees Convention grounds has evolved to encompass wide ranging protection issues where a person's claims are able to form a nexus to the Refugees Convention, including such examples as women fleeing 'honour killings' and female genital mutilation.
On the other hand, in a number of cases that have been found to meet the complementary protection criteria, people who have committed serious crimes in their home countries, or people who are fleeing their home countries due to their association with criminal gangs or their involvement in blood feuds, have been found to engage protection.
Australia accepts that the position under international law is that Australia's non-refoulement obligations under the CAT and the ICCPR are absolute and cannot be derogated from. However, there is no obligation imposed upon Australia to follow a particular process or to grant a particular type of visa to those people for whomnon-refoulement obligations are engaged. This is particularly the case where people are of security or serious character concern and they do not meet the criteria for grant of a Protection visa.
If a person cannot be returned to their home country, the way to resolve the person's status will be to rely on the Minister for Immigration and Border Protection's personal and non-compellable intervention powers to consider granting a visa. This will be the case regardless of whether a person of security or character concern has been assessed against the complementary protection criterion in the Migration Act or as part of an administrative process.
The complementary protection provisions that were introduced in the Migration Act by the previous government are complicated, convoluted, difficult for decision-makers to apply, and are leading to inconsistent outcomes. Moreover, while the intention was to interpret and implement Australia's non-refoulement obligations under the CAT and the ICCPR without expanding the obligations in a way that goes beyond current international interpretations, the courts have since broadened the scope of the interpretation of these obligations beyond that which is required under international law.
For example, the risk threshold test for assessing whether a person engages Australia's complementary protection obligations has this year been lowered to the same 'real chance' threshold as under the Refugees Convention. Another effect of the court decisions is that even where a person's home country has a functioning and effective police and judicial system, in order for Australia to conclude that that country will in fact seek to, and manage to protect the person from the risk of harm, the protection by that country's authorities must reduce the level of harm to below that of a 'real chance'. The 'real chance' test is a very low bar and lower than required under the CAT and the ICCPR. The court's interpretation of who should be provided complementary protection has transformed provisions intended to be exceptional into ones that are routine and extend well beyond what was intended by the human rights treaties.
Through removing the complementary protection criterion from the Migration Act, it is the government's intention to re-establish the consideration of complementary protection issues within an administrative process similar to that which was undertaken prior to the enactment of the complementary protection legislation. This consideration will happen either as part of pre-removal procedures which are undertaken by departmental officials to assess whether the removal of an asylum seeker could engage Australia's non-refoulement obligations or through the use of the Minister for Immigration and Border Protection's discretionary and non-compellable intervention powers under the Act.
Considering complementary protection issues under an administrative process allows the government to regain control over Australia's protection obligations and assess whether a person's specific circumstances engage Australia's non-refugee non-refoulement obligations, as interpreted by the Government in accordance with international law. This will allow the Minister for Immigration and Border Protection to consider a range of options for resolving the person's immigration status including the consideration of the exercise of the Minister for Immigration and Border Protection's personal and non-compellable public interest powers under the Act to grant either a temporary or a permanent visa.
Assessing Australia's non-refugee non-refoulement obligations within an administrative process will demonstrate Australia's continued commitment to adhering to its protection obligations as it gives more scope to provide protection in different ways. The Minister for Immigration and Border Protection's personal powers have the advantage of being able to deal flexibly and constructively with genuine cases of individuals and families whose circumstances are invariably unique and complex, and who may be disadvantaged by a rigidly codified criterion.
It will allow the Minister for Immigration and Border Protection to exercise his or her intervention powers to grant the most appropriate visa dependent upon the individual circumstances of the case by taking into consideration not only Australia's non-refoulement obligations, but also Australia's broader humanitarian considerations, in an administrative process. This is particularly relevant where people may be caught up in situations of civil strife and unable to return home in the short term.
By re-establishing an administrative process it is the government's intention to ensure that where a person raises claims that are found to engage Australia's non-refoulement obligations under the CAT and the ICCPR they will not be removed from Australia in breach of those obligations but rather dealt with in the most appropriate manner to resolve their case.
The bill will also make a range of consequential amendments to the Migration Act.
Amendments to the Migration Regulations will also be required to remove complementary protection criteria from the Protection visa subclasses.
That in accordance with the provisions of the National Library Act 1960, the Senate elect Senator Seselja to be a member of the Council of the National Library of Australia on and from 11 December 2013 for a period of three years.
That the Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013, made under the Aged Care Act 1997, be disallowed.
That theAged Care Subsidies Amendment (Workforce Supplement) Determination 2013 made under the Aged Care Act 1997, be disallowed.
… general pool of aged care funding.
… allow those who work in aged care to focus on doing what they do best, and that is delivering high-quality care for older Australians.
That the Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013, made under the Aged Care Act 1997, be disallowed.
…
That the Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013, made under the Aged Care Act 1997, be disallowed.
As a first priority, the Coalition will take the necessary steps to put back into the general pool of aged care funding the $1.2 billion allocated to the Workforce Compact and work with providers to ensure that these funds are distributed in a way that is more flexible and better targeted, without jeopardising the viability of aged care facilities.
The Coalition Government today announced the first step in delivering on the Government’s Healthy Life, Better Ageing commitments.
The Government recognises that increased pay and improved conditions are essential to attract and retain skilled workers to the sector, while being affordable and sustainable. Recruiting and retaining sufficient numbers of skilled, dedicated workers to the aged care sector is crucial for Australia’s aged care system to meet the community’s increasing need for aged care services.
The Aged Care Workforce Supplement introduced by the former government did not guarantee improved pay and conditions for all aged care workers and many providers could not justify applying because the Supplement would not have covered their additional costs.
For many providers the funding was also conditional upon the signing of a union-dictated EBA.
The Government is committed to working with the sector to develop a policy which will ensure that available funding is distributed in a way that is flexible, targeted and ensures the viability of aged care providers.
For this reason, the Government has taken the responsible step of suspending applications for the Workforce Supplement introduced by the former government while it consults with the sector on alternative policy options.
Aged care providers that are eligible for the Supplement will have their funding honoured and the Department of Social Services will continue to process applications that have already been received. The Government will consider transitional arrangements for these providers as it develops alternative policy options.
Labor's Workforce Compact appears to be more about boosting union membership than improving aged care and adds to the regulatory quagmire without guaranteeing improved conditions for all workers.
The Coalition believes that Labor's Workforce Compact is discriminatory as it does not apply to all workers. Under Labor, providers with 50 or more beds will need to enter into an Enterprise Bargaining Agreement (EBA) and comply with the conditions of the Workforce Supplement to access funding. Providers with less than 50 beds need not enter into an EBA, but must however comply with the conditions of the Workforce Supplement to access funding.
This aspect of the legislation was the key issue of contention at the … Senate inquiry into the Living Longer, Living Better package of Bills. The evidence was clear that many providers could not justify accessing the supplement as it fell far short of the actual cost of the proposed wage increases with providers having to meet on-costs.
Had Labor been serious about improving conditions in the sector, they could have worked through existing frameworks …
A draft conservation advice was placed on public exhibition, and public comments were sought as required by the Act.
Oppositions are not there to get legislation through. Oppositions are there to hold the government to account, and unless we are confident a piece of legislation is beyond reasonable doubt in the national interest, it is our duty, as the opposition, to vote it down.