The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Social Security (Administration) Amendment (Cashless Welfare) Bill 2019
The Committee divided. [9:45]
(The Chair—Senator Lines)
(1) Schedule 1, item 9, page 5 (line 9), omit "an offence", substitute "a serious offence".
(2) Schedule 1, item 9, page 5 (after line 19), after subsection 124PHB(3), insert:
(3A) For the purposes of subparagraph 124PHB(3) (a) (ii), a serious offence means an offence where:
(a) the offence:
(i) involves violence against a person; or
(ii) is a serious drug offence; or
(iii) involves serious damage to property; and
(b) the offence is punishable by:
(i) imprisonment for life; or
(ii) imprisonment for a fixed term of not less than 3 years; or
(iii) imprisonment for a maximum term of not less than 3 years.
(3) Schedule 1, item 9, page 6 (lines 1 to 6), omit subsection 124PHB(8), substitute:
Reconsideration of Secretary ' s determination
(8) If a health or community worker:
(a) has a direct professional relationship with a person who is the subject of a determination under subsection (3); and
(b) considers that it is necessary for the person to be a trial participant for medical or safety reasons;
the worker may request the Secretary to reconsider the determination.
The committee divided. [09:55]
(The Chair—Senator Lines)
(1) Page 6 (after line 31), at the end of the Bill, add:
Schedule 2—Community support for cashless welfare arrangements
Social Security (Administration) Act 1999
1 Subsection 124PD(1)
Insert:
community discussion report : see subsection 124PV(4).
community support report : see subsection 124PT(2).
2 Subsection 124PD (1) (definition of voluntary participant )
Omit "subsection 124PH(3)", substitute "subsections 124PH(3) and 124PHAA(4)".
3 At the end of section 124PG
Add:
(7) A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Ceduna area.
4 At the end of section 124PGA
Add:
(7) A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the East Kimberley area.
5 At the end of section 124PGB
Add:
(7) A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Goldfields area.
6 At the end of section 124PGC
Add:
(7) A person ceases to be a trial participant on 31 January 2020 unless a determination is made under section 124PV that applies to the Bundaberg and Hervey Bay area.
7 Section 124PH (at the end of the heading)
Add "—general".
8 Paragraph 124PH(1 ) ( bd)
Repeal the paragraph, substitute:
(bd) subsection (2A), (2B) or (2C) apply to the person; and
9 After subsection 124PH(1)
Insert:
(2A) This subsection applies to a person if, before 31 January 2020, the person is not subject to the income management regime under Part 3B.
(2B) This subsection applies to a person if, on or after 31 January 2020, the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF.
(2C) This subsection applies to a person if:
(a) a determination has been made under section 124PV that applies to the trial area that is the person's usual place of residence; and
(b) the person is not subject to the income management regime under Part 3B.
10 At the end of Subdivision B of Division 1 of Part 3B
Add:
124PHAA Voluntary participants—Bundaberg and Hervey Bay area
(1) This section applies on and after 31 January 2020 unless a determination is made under section 124PV that applies to the Bundaberg and Hervey Bay area.
(2) A person may notify the Secretary, orally or in writing, that the person wishes to be subject to cashless welfare arrangements if:
(a) the person's usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and
(b) the person is receiving newstart allowance, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1) (a) of the 1991 Act (about full‑time study) applies) or parenting payment; and
(c) the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and
(d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and
(e) the person is not covered by a determination under subsection 43(3A); and
(f) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and
(g) the person is not otherwise a trial participant.
(3) A person may withdraw the notification at any time.
(4) Until a person withdraws the notification, the person is a voluntary participant , unless the Secretary determines that the person is not to be subject to cashless welfare arrangements under subsection (5).
(5) The Secretary may determine that a person who is a voluntary participant is not to be subject to cashless welfare arrangements. If the Secretary makes such a determination, the Secretary must notify the person, in writing, accordingly.
11 At the end of Part 3D
Add:
124PT Community support for trial of cashless welfare arrangement
(1) As soon as practicable after this section's commencement, the Minister must cause a review to determine whether the community in each trial area genuinely supports the trial of a cashless welfare arrangement in that area.
(2) The persons conducting the review must provide the Minister a written report (the community support report ) of the review before 31 December 2019.
(3) The Minister must publish the report on the Department's website as soon as practicable after the report is given to the Minister.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
124PU Statement on support for the provision of services in trial areas
(1) Before 31 December 2019, the Minister must publish on the Department's website a statement setting out the steps that have been taken by the Commonwealth to support the provision of relevant services in each trial area and set out future improvements to those relevant services.
(2) Relevant services in a trial area are services relating to the care, protection, welfare or safety of adults, children or families including economic development and employment programs, early intervention and community services, and drug and alcohol rehabilitation services.
(3) The Minister must cause copies of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the statement's publication.
124PV Determination to allow for continuation of cashless welfare arrangement in trial area
(1) The Minister may, by legislative instrument, make a determination in relation to a trial area if the Minister is satisfied the community in the trial area genuinely supports the trial of a cashless welfare arrangement in that area.
(2) In determining whether the community genuinely supports the trial, the Minister must have regard to all of the following:
(a) the community support report in relation to the trial area;
(b) the community discussion report in relation to the trial area;
(c) any submissions made to the Minister under subsection (5);
(d) the views of communities bodies (if any) in the trial area.
(3) The determination must set out the Minister's reasons for being satisfied the community in the trial area genuinely supports the trial of a cashless welfare arrangement in that area.
(4) Before making the determination, the Minister must cause:
(a) a meeting to occur in the trial area for the community to discuss with the Department the effect of the determination if made; and
(b) a report (the community discussion report ) to be prepared of the discussion that occurred at the meeting; and
(c) the community discussion report to be published on the Department's website.
(5) Before making the determination, the Minister must publish a notice inviting written submissions about making of the determination to be provided on or before a day (the closing day) that is no earlier than 2 weeks after the day of the notice's publication.
The Committee divided. [10:12]
(The Chair—Senator Lines)
That this bill be now read a third time.
Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019
Organised crime and illegitimate labour hire companies are using this loophole to bring out illegal workers who are often vulnerable and open to exploitation. This represents an orchestrated scam that enables these criminal elements to exploit foreign workers in Australia until their claims are finalised.
… are not proportionate to the threat of terrorism and are not necessary to carry out Australia's counter-terrorism and international security obligations.
First, 'intelligence' is not defined in, or otherwise limited by, the legislation. Secondly, the collection of intelligence must only be 'important' (not 'necessary'). Thirdly, the person subject to the warrant need not actually possess any intelligence. Rather, it need only be believed that issuing the warrant will substantially assist the collection of intelligence: for example, the person may be able to point ASIO in the direction of someone who might possess such intelligence. Fourthly, 'in relation to' goes significantly beyond what might be regarded as the main aims of the Special Powers Regime, being to either prevent terrorist acts or enable the prosecution of terrorism offences. … Finally, the criterion adopts a generalised approach. It does not distinguish between: past, present or future offences; offences that are likely or unlikely to occur; and serious or relatively minor offences.
An ideological struggle in favour of democracy and freedom cannot be won by giving up democratic values, freedom and respect for civil liberties.
An ideological struggle in favour of democracy and freedom cannot be won by giving up democratic values, freedom and respect for civil liberties.
A warrant enabling a person to be 'detained in custody, virtually incommunicado without even being accused of involvement in terrorist activity, on grounds which are kept secret and without effective opportunity to challenge the basis of his or her detention', … is an extraordinary power. Further, the decision on whether the grounds to make a QDW [questioning and detention warrant] application rather than a QW [questioning warrant] application lies with a member of the executive. No precedent in any comparable country has been identified.
… there is no other comparable nation in the world that gives a coercive questioning power, let alone a detention power, to an intelligence agency of this kind.
The simple reason for that is that it is thought that these [intelligence] agencies must operate with a level of secrecy. They cannot have the same level of public accountability and transparency that other bodies have. As a result, that means that extreme caution must be given as to the form of coercive powers that are issued. In this case, the decision has been given to give it a coercive questioning power that takes it beyond those other agencies.
… are not proportionate to the threat of terrorism and are not necessary to carry out Australia's counter-terrorism and international security obligations. It is time to accept that the capacity to secretly and immediately detain persons whether or not they are implicated in terrorism is a step too far.
The government will consider options for a reformed ASIO compulsory questioning framework.
The Government will work to introduce legislation to implement a reformed ASIO compulsory questioning framework in 2019.
The Australian Labor Party is a democratic socialist party and has the objective of the democratic socialisation of industry, production, distribution and exchange, to the extent necessary to eliminate exploitation and other anti-social features in these fields.
The Senate divided. [11:34]
(The President—Senator Ryan)
Amdt 8713 - Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019
(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:
1 Section 34ZZ
Repeal the section, substitute:
34ZZ Cessation of effect of Division
(1) This Division (apart from Subdivision C of this Division) ceases to have effect on 7 December 2019.
(2) Subdivision C of this Division ceases to have effect on 7 September 2019.
[sunsetting dates]
SELECTION OF BILLS COMMITTEE
REPORT NO. 4 OF 2019
1. The committee met in private session on Wednesday, 31 July 2019 at 7.20pm.
2. The committee recommends that—
(a) the provisions of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 5 September 2019 (see appendix 1 for a statement of reasons for referral);
(b) the Human Services Amendment (Photographic Identification and Fraud Prevention) Bill 2019 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 12 September 2019 (see appendix 2 for a statement of reasons for referral);
(c) the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 be referred immediately to the Economics Legislation Committee for inquiry and report by 4 September 2019 (see appendix 3 for a statement of reasons for referral);
(d) the provisions of the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bill 2019 and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2019 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 5 September 2019 (see appendix 4 for a statement of reasons for referral); and
(e) the provisions of the Family Assistance Legislation Amendment (Extend Family Assistance to ABSTUDY Secondary School Boarding Students Aged 16 and Over) Bill 2019 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 5 September 2019 (see appendix 5 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4.The committee deferred consideration of the following bills to its next meeting:
National Sports Tribunal (Consequential Amendments and Transitional Provisions) Bill 2019
(Dean Smith)
Chair
1 August 2019
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Combatting Child Sexual Exploitation Bill 2019
Reasons for referral/principal issues for consideration:
For further investigation into the legislation
Possible submissions or evidence from:
Law Council of Australia
Legal stakeholders
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
To be determined by the Committee
Possible reporting date:
11 September 2019
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Human Services Amendment (Photographic Identification and Fraud Prevention) Bill 2019
Reasons for referral/principal issues for consideration:
Examination of the extent of fraudulent use at present and potential financial and community benefits to instituting photographic identification of users of Medicare services
Possible submissions or evidence from:
Committee to which bill is to be referred:
Community Affairs Committee
Possible hearing date(s):
At least one hearing subject to availability of the Committee
Possible reporting date:
12 September 2019
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019
Reasons for referral/principal issues for consideration:
Detailed scrutiny and review of the removal of the innovation patent
Possible submissions or evidence from:
IP Australia; Law Council, Department of Industry, StartUp Australia
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
4 September 2019
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bill 2019
Reasons for referral/principal issues for consideration:
The bill makes significant amendments to various areas of intellectual property
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
Possible reporting date: October 14th
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Family Assistance Legislation Amendment (Extend Family Assistance to ABSTUDY Secondary School Boarding Students Aged 16 and Over) Bill 2019
Reasons for referral/principal issues for consideration:
Examine the interaction between the proposed Bill and the continued viability and adequate funding of local schools and educational opportunities in communities.
Possible submissions or evidence from:
Education unions
Social services organisations providing services in remote areas – ACOSS
Education academics
Committee to which bill is to be referred:
Senate Community Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
13 September
That the report be adopted.
That leave of absence be granted to the following senators:
That the order of general business for consideration today be as follows: (a) general business order of the day, 27, Great Australian Bight Environment Protection Bill 2019, (b), general business notice of motion no. 80, standing in the name of Senator Gallagher relating to household incomes and (c), orders of the day relating to documents.
(1) That a joint select committee, to be known as the Joint Select Committee on Implementation of the National Redress Scheme, be established to inquire into and report on:
(a) the Australian Government policy, program and legal response to the redress related recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, including the establishment and operation of the Commonwealth Redress Scheme and ongoing support of survivors; and
(b) any matter in relation to the Royal Commission's redress related recommendations referred to the committee by a resolution of either House of the Parliament.
(2) That the committee present its final report on the last sitting day in May 2022.
(3) That the committee consist of 8 members – 4 senators, and 4 members of the House of Representatives, as follows:
(a) 2 members of the House of Representatives to be nominated by the Government Whip or Whips;
(b) 2 members of the House of Representatives to be nominated by the Opposition Whip or Whips;
(c) 1 senator to be nominated by the Leader of the Government in the Senate;
(d) 1 senator to be nominated by the Leader of the Opposition in the Senate;
(e) 1 senator to be nominated by the Leader of the Australian Greens; and
(f) 1 senator to be nominated by any minority party or independent senator.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Government Whip in the House of Representatives, the Opposition Whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator or member of the House of Representatives; 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.
(5) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(6) That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
(7) That the committee may proceed to the dispatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.
(8) That the committee elect as chair a member or senator nominated by the Opposition.
(9) That the committee elect as deputy chair a member or senator nominated by the Leader of the Australian Greens.
(10) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(11) That the deputy chair shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
(12) 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.
(13) 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 and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(14) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
(15) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
(16) That the committee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(17) That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
(18) That the committee have access to all evidence and documents of the former Joint Select Committee on oversight of the implementation of redress related recommendations of the Royal Commission into Institutional Responses to Child Abuse.
(19) That a message be sent to the House of Representatives seeking its concurrence in this resolution.
That the Immigration (Guardianship of Children) Regulations 2018, made under the Immigration (Guardianship of Children) Act 1946 , be disallowed [F2018L01708].
That the Underwater Cultural Heritage Rules 2018, made under the Underwater Cultural Heritage Act 2018 , be disallowed [F2019L00096].
That the Water Amendment (Murray-Darling Basin Agreement - Basin Salinity Management) Regulations 2018, made under the Water Act 2007 , be disallowed [F2018L01674].
That the Gene Technology Amendment (2019 Measures No. 1) Regulations 2019, made under the Gene Technology Act 2000 , be disallowed [F2019L00573].
(1) That the Senate acknowledges that:
(a) 9 September, is International Fetal Alcohol Spectrum Disorder (FASD) Awareness Day;
(b) FASD is a life-long but preventable condition caused by in-utero exposure to alcohol;
(c) FASD can cause developmental, physical, mental and behavioural problems, including problems with memory, learning, impulse control, planning ability, understanding consequences, emotional regulation, speech and language; and
(d) people with FASD are likely to have poorer academic and employment outcomes, higher rates of homelessness and incarceration, and increased rates of mental health issues and alcohol and other drug abuse.
(2) That the following matters be referred to the Community Affairs References Committee for inquiry and report by the first sitting day in June 2020:Effective approaches to prevention and diagnosis of FASD, strategies for optimising life outcomes for people with FASD and supporting carers, and the prevalence and management of FASD, including in vulnerable populations, in the education system, and in the criminal justice system – with particular reference to:
(a) the level of community awareness of risks of alcohol consumption during pregnancy;
(b) the adequacy of the health advice provided to women planning a pregnancy, pregnant women and women who are breastfeeding, about the risks of alcohol consumption;
(c) barriers that may prevent women receiving accurate, timely and culturally/ethnically appropriate information and advice on alcohol and pregnancy;
(d) provision of diagnostic services in Australia including capacity, training, integration and diagnostic models in current use;
(e) the prevalence and nature of co-occurring conditions and of misdiagnosis of FASD;
(f) international best practice in preventing, diagnosing and managing FASD;
(g) awareness of FASD in schools, and the effectiveness of systems to identify and support affected students;
(h) the prevalence of, and approaches to, FASD in vulnerable populations, including children in foster and state care, migrant communities and Indigenous communities;
(i) the recognition of, and approaches to, FASD in the criminal justice system and adequacy of rehabilitation responses;
(j) the social and economic costs of FASD in Australia, including health, education, welfare and criminal justice;
(k) access, availability and adequacy of FASD support available through the National Disability Insurance Scheme, including access to effective and early intervention services for individuals diagnosed with FASD;
(l) support for adults with FASD and for parents and carers of children with FASD;
(m) progress on outstanding recommendations of the House of Representatives Standing Committee on Social Policy and Legal Affairs report, FASD: The Hidden Harm, tabled on 29 November 2012;
(n) the effectiveness of the National FASD Action Plan 2018-2028, including gaps in ensuring a nationally co-ordinated response and adequacy of funding;
(o) the need for improved perinatal data collection and statistical reporting on FASD and maternal drinking; and
(p) any other related matters.
That the Senate—
(a) notes that:
(i) the Clean Energy Regulator's The Renewable Energy Target 2018 Administrative Report –The acceleration in renewables investment , highlights the record investment in large scale, commercial and industrial and household renewables over the last year,
(ii) the Australian Bureau of Statistics reports that jobs in renewable energy in Queensland grew by 1,550 in 2017-2018, an increase of 44 percent on the previous year,
(iii) the Green Energy Markets 2019 update report, states that 2,012 full time equivalent Queenslanders were employed in the installation and sale of rooftop solar PV in June 2019,
(iv) the recently announced shortlist for the Queensland Government's Renewables 400 tender includes ten renewable energy generation and storage developments projected to collectively deliver 3,000 jobs in central and far north Queensland, including 350 direct jobs created by the Clarke Creek Wind and Solar Farm, west of Rockhampton, and
(v) the Adani Carmichael mine, if it proceeds, is expected to create between 800 and 1,500 jobs in the construction phase, with 100 ongoing jobs; and
(b) calls on the Federal Government to:
(i) deliver real jobs that last, by backing the job-creating, climate-fixing clean energy industry, and
(ii) fund the retraining, upskilling and investment in coal workers and their communities to ensure that no-one is left behind in the transition to a low carbon economy.
That the Senate—
(a) notes that, on 31 July 2019, offshore petroleum exploration acreage was released, containing 64 areas available for lease:
(i) this is largest number of areas released since 2000, with more than 120,000 square kilometres available, and
(ii) fossil fuels are the leading cause of climate change; and
(b) calls on the Federal Government to halt the development of any further fossil fuel basins.
That the Senate—
(a) notes that recommendations handed down by the South Australian Department for Environment and Water, on 31 July 2019, call for 30 species be added to the threatened species list and a further 15 species be upgraded to a more threatened category; and
(b) calls on the Federal Government to establish and fully fund a plan for each threatened species.
(1) That the Senate notes that:
(a) the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade into the management of per- and polyfluoroalkyl substances (PFAS) contamination in and around Defence bases (PFAS report), was tabled on 3 December 2018, making nine recommendations, and
(b) the President's report to the Senate on the status of government responses to parliamentary committee reports as at 30 June 2019, indicates that a government response to the PFAS report has not been tabled.
(2) that there be laid on the table by the Minister for Defence, by 12 pm on 10 September 2019, the government's response to the recommendations contained in the PFAS report.
That the Senate—
(a) notes that:
(i) data released by the Minister for Employment, Skills, Small and Family Business shows that nearly four in five jobactive participants have had their payments suspended at least once in the last 12 months;
(ii) jobactive participants often have their payments suspended for reasons out of their control including administrative errors by employment service providers;
(iii) jobactive participants are living on unemployment payments as low as $277.85 a week and should not be subject to unfair payment suspensions;
(iv) poverty is a barrier to employment and suspending income support payments does not help people gain employment; and
(b) expresses concern that jobactive participants can face payment suspensions due to administrative errors by employment service providers with no recourse to Centrelink; and
(c) calls on the Federal Government to:
(i) implement the recommendations contained in the report of the Education and Employment References Committee into Jobactive: failing those it is intended to serve, tabled on 14 February 2019, and
(ii) abandon the Targeted Compliance Framework.
Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019
That the following bill be introduced: a bill for an act to amend the law relating to counterterrorism and for related purposes.
That this bill may proceed without formalities and now be read a first time.
That this bill be now read a second time.
COUNTER-TERRORISM LEGISLATION AMENDMENT (2019 MEASURES NO. 1) BILL 2019
SECOND READING SPEECH
The Australian Government is committed to ensuring the safety and protection of the Australian community.
Since September 2014, when the national terrorism threat level was raised to 'Probable', there have been seven terrorist attacks targeting people in Australia and 16 major disruption operations in relation to potential attack planning. 76 people have been convicted of terrorism related offences, and there are currently 25 people before the courts on terrorism related charges. In this prevailing threat environment, it is critical that Australia's counter-terrorism legislative framework remains effective and responsive to the evolving threat of terrorism.
The Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019 continues the important work of protecting our community. It will ensure that there is a presumption against bail and parole for all terrorists and their supporters. It will also make two changes to improve the operation of the continuing detention order (CDO) scheme for high-risk terrorist offenders.
Schedule 1 — Restrictions on bail and parole
Introducing new restrictions on the existing arrangements for bail and parole ensures there is a presumption against bail and parole for persons who have demonstrated support for, or have links to, terrorist activity, which is consistent with the agreement reached by the Council of Australian Governments (COAG).
In line with the COAG agreement, this Bill expands the Commonwealth's existing presumption to include those offenders who are the subject of a control order, or have links with, or have shown support for, terrorist activities. The new presumption against parole similarly covers all of these terrorism-related offenders. This means that offenders who have links with, or have shown support for, terrorist activities will not be released on bail or parole unless they can show that there are exceptional circumstances that would justify their release into the community.
The Bill also addresses issues raised by the Independent National Security Legislation Monitor's (Monitor) inquiry and report into the prosecution and sentencing of children for Commonwealth terrorism offences. This report was tabled on 2 April 2019. A key issue considered in the course of the Monitor's inquiry, and in his report, is ensuring that the rights of children who are being prosecuted and sentenced for terrorist offences are taken into account. The Bill addresses this key issue by including provisions that make it explicit that the best interests of the child must be considered as a primary consideration by the relevant decision maker at the key points in the criminal justice processes of bail, sentencing and parole.
However, given the overriding need to protect the community, the presumptions against bail and parole will apply to terrorism-related offenders who are under the age of 18. The Bill makes it explicit that the protection of the community continues to be the paramount consideration. This is consistent with the existing presumption against bail which already applies to children charged with, or convicted of, a terrorism offence.
This Bill also amends section 19AG of the Crimes Act, which requires the court to fix a non-parole period of at least three quarters of the sentence imposed for a terrorism offence. This applies to adult as well as child offenders.
While this Bill retains the existing application of section 19AG to children, this will be in the form of a presumption rather than a mandatory requirement that will apply unless there are exceptional circumstances to justify a lower non-parole period.
When considering whether exceptional circumstances exist, the court must have regard to the best interests of the child as a primary consideration, with the protection of the community as the paramount consideration.
The revisions in the Bill to section 19AG reflect the need to remain firm in the face of the serious threat posed by terrorist offences whilst ensuring that the circumstances of children who commit terrorist offences are taken into account when fixing the minimum period that they are required to spend in jail for their crimes.
Schedule 2 — Amendments relating to continuing detention orders
Schedule 2 contains two measures to improve the operation of the Commonwealth's CDO scheme for high risk terrorist offenders.
The first measure will amend the CDO scheme to ensure that jailed terrorist offenders who are also serving time for non-terrorist offences remain eligible for consideration for a CDO at the conclusion of their time in prison.
It should not matter whether a terrorist offender's final day of detention is for a terrorist offence or another offence. What matters is the safety of the Australian public, and the Bill will ensure that the community can be protected from terrorist offenders who pose an unacceptable risk to the community of committing a terrorism offence if released from prison.
The second measure brings the options for protecting national security information contained in an application for a CDO into line with the protections available in other proceedings, whether criminal or civil.
At present, the protections for information in a CDO application are different from those available in other proceedings, whether civil or criminal: they only serve to limit what can be disclosed to the public, and do not allow for the full range of protections that a court may order, including under the National Security Information (Criminal and Civil Proceedings) Act 2004.
The Bill will amend these protections to provide that the information given to the terrorist offender is subject to any orders the court makes for the protection of national security information.
It is the courts that oversee the protection of sensitive information, and the courts will retain ultimate decision-making power to determine the appropriate orders to protect sensitive information and the impact of any orders on the fairness of proceedings.
Under the current scheme, a complete copy of a CDO application containing all inculpatory and exculpatory material, no matter how sensitive, must be provided to the terrorist offender. The amendments would allow the Commonwealth to seek protective orders over sensitive inculpatory material to allow it not to be provided to the terrorist offender, or provided in a redacted form. The amendments would also enable the Commonwealth to seek protective orders over sensitive exculpatory material. Where the Commonwealth withholds sensitive exculpatory material, the terrorist offender must be notified and may choose to contest any protective orders. It is important to note that under the proposed amendments any information that the court intends to rely on in a CDO proceeding, whether inculpatory or exculpatory, must still be provided to the offender. It will ultimately be a matter for the court to determine any protective orders, balancing the competing interests of providing the terrorist offender with material relevant to the proceedings, with the prejudice to national security that may result from the disclosure of that material.
Conclusion
This Bill demonstrates the Government's ongoing commitment to protecting the Australian community from terrorists.
To enable the Parliament to give full consideration of this important Bill, the Government is writing to the Parliamentary Joint Committee on Intelligence and Security to ask it to examine this Bill.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the National Integrity Commission Bill 2018 (No. 2) be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 45th Parliament.
That the following matter be referred to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 1 March 2020:
Regulation of auditing in Australia with particular reference to:
(a) the relationship between auditing and consulting services and potential conflicts of interests;
(b) other potential conflicts of interests;
(c) the level and effectiveness of competition in audit and related consulting services;
(d) audit quality, including valuations of intangible assets;
(e) matters arising from Australian and international reviews of auditing;
(f) changes in the role of audit and the scope of audit products;
(g) the role and effectiveness of audit in detecting and reporting fraud and misconduct;
(h) the effectiveness and appropriateness of legislation, regulation and licensing;
(i) the extent of regulatory relief provided by the Australian Securities and Investments Commission through instruments and waivers;
(j) the adequacy and performance of regulatory, standards, disciplinary and other bodies;
(k) the effectiveness of enforcement by regulators; and
(l) any related matter.
That the Senate—
(a) notes that:
(i) 1 August, 2019, marks two years since the Australian Human Rights Commission (AHRC) released the 'Change the Course: National report on sexual assault and sexual harassment at Australian universities', which surveyed students on their experiences of sexual assault and sexual harassment at Australian universities,
(ii) the AHRC report found that 21 percent of university students were sexually harassed and 1.6 percent were sexually assaulted in a university setting in 2016,
(iii) sexual assault and harassment continue to be appalling issues at Australian universities, and survivors often struggle to access adequate support services, and
(iv) on 20 August, 2019, students across Australia will be joining a National Day of Action in protest against universities, inaction on the prevalence of sexual violence in university settings; and
(b) calls on the Federal Government to commit to working with universities to ensure that:
(i) university campuses are safe places free of sexual violence, and
(ii) survivors of sexual assault and sexual harassment are given adequate support by their universities.
That the Senate—
(a) notes:
(i) that, in 1995, the Aboriginal Flag was recognised as a 'flag of Australia' under the Flags Act 1953,
(ii) that the designer of the Aboriginal flag owns the flag's copyright and has licensed the rights to use the flag on garments to a company which is now requiring people to ask for permission to use the emblem and pay a fee,
(iii) that the licence has now been expanded to physical and digital media,
(iv) that many First Nations communities feel they are now at the mercy of a company seeking to profit from their flag, and
(v) the concerns in many First Nations communities that their flag is licensed to a company; and
(b) recognises that the Aboriginal flag is one of Australia's national symbols and a central part of First Nations people's identity and that the flag should be about people and pride, not profit; and
(c) calls on the Federal Government to do everything they can to ensure that all First Nations peoples and communities can use the flag whenever they want without cost or the need for consent.
That the Senate—
(a) notes that:
(i) economic growth is fundamental to increasing living standards for Australian families, and allowing government to fund essential services,
(ii) the pursuit of continuous, sustainable economic growth should be a core objective of government,
(iii) in a services-based economy, strong, sustainable economic growth can support improved environmental outcomes, and
(iv) that the philosophy of stopping economic growth should be rejected as dangerously misguided; and
(b) calls on the Federal Government to pursue policies that will lift Australia's economic growth rate and ensure that all Australians equally share in the benefits of this growth.
That the Senate—
(a) acknowledges that:
(i) most citizens pay little attention to matters relating to the Administrative Appeals Tribunal (AAT) until they are confronted with an administrative decision they feel is incorrect,
(ii) the AAT permits citizens to address wrongs in administrative decision-making through a process which is fair, just, economical, informal and quick, and
(iii) citizens must hold trust and confidence in the decision-making of the AAT; and
(b) notes that:
(i) most appointments to the AAT are Federal Court judges or experienced legal practitioners, however paragraph 7(3)(b) of the Administrative Appeals Tribunal Act 1975 provides for appointment of senior members and members that, in the opinion of the Governor-General, have special knowledge or skills relevant to the duties of a senior member or member,
(ii) there have been forceful allegations made in the media that a number of appointments made under this provision have been political, for example the appointment of former politicians and political staffers, which undermines public trust and confidence in the AAT, and
(iii) the Honourable Mr Ian Callinan AC QC, former High Court judge, conducted a review into the AAT and stated the repeal of paragraph 7(3)(b) of the Act is desirable; and
(c) calls on the Federal Government to urgently introduce a bill into the Parliament to repeal paragraph 7(3)(b) of the Act.
The Senate divided. [11:59]
(The President—Senator Ryan)
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 16 October 2019:
The impact of changes to service delivery models on the administration and running of Government programs, with particular reference to:
(a) the privatisation of Australia's visa and citizenship program, including:
(i) the integrity of Australia's visa and citizenship system,
(ii) the commercial implications and increased costs to industry, with particular regard for the tourism and higher education sectors,
(iii) the implications to national security, data security and privacy, and
(iv) the risk to public sector employment – especially rural and regional employment – through service delivery model changes; and
(b) Centrelink's Robodebt compliance and outsourced debt collection program, including:
(i) the integrity and impact of the automated debt collection processes,
(ii) the limitations and impact of Robodebt collection methods,
(iii) the identification of inaccurate debts – made without human oversight,
(iv) the impact to public sector employment – especially on the capacity and adequacy of staffing level, and
(v) the review and appeals process for debt notices; and
(c) the broader outsourcing of functions in the Human Services portfolio and at the National Disability Insurance Agency, including
(i) the processes for contracting and tendering under the outsourcing of services;
(ii) the impact of capped staffing numbers and the efficiency dividend at government departments/agencies.
(iii) the future planning and preparation for the outsourcing of departmental functions;
(iv) the impact outsourcing has on service provision; and
(v) the impact on current public sector employment and the risks to future public sector employment; and
(d) the outsourcing of security vetting services in the Australian Government Security Vetting Agency, including:
(i) the processes for contracting and tendering under the outsourcing of services;
(ii) the impact of capped staffing numbers and the efficiency dividend at government departments/agencies.
(iii) the future planning and preparation for the outsourcing of departmental functions;
(iv) the impact outsourcing has on service provision; and
(v) the impact on current public sector employment and the risks to future public sector employment;
(e) and related matters.
The Senate divided. [12:07]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Tasmania, and mainland Australia, stand to reap significant benefits from the Battery of the Nation and Marinus Link projects, including lower power prices, lower carbon emissions, additional income and new jobs,
(ii) the initial feasibility study into Marinus Link concludes that the Marinus Link and related Battery of the Nation projects are only economically viable in the 'High Emission Reduction Target' scenario, which includes a significant increase in renewable energy investment, over a business as usual scenario over the next decade,
(iii) according to the feasibility study, under a business as usual 'neutral' scenario, which corresponds to the Federal Government's approach to renewable energy investment, the Marinus Link and Battery of the Nation projects have a net cost of up to $730 million dollars, while under the High Emission Reduction Target scenario, the projects have a net benefit of up to $482 million,
(iv) the Marinus Link and Battery of the Nation projects will not go ahead unless they deliver net benefits to Tasmania and the nation,
(v) after announcing 14 energy policies, the Federal Government still refuses to introduce any policy to support renewable energy investment to replace the 2020 Renewable Energy Target, which will be fully acquitted next year, and
(vi) without consistent national energy policy that supports renewable energy investment, the Marinus Link and Battery of the Nation projects will not go ahead; and
(b) calls on the Federal Government to introduce a consistent national energy policy that supports renewable energy investment through the 2020s and addresses carbon emissions as well as affordability and reliability in the electricity sector, to ensure the Marinus Link and Battery of the Nation projects go ahead.
The Senate divided. [12:13]
(The President—Senator Parry)
That the Senate—
(a) notes that:
(i) the Morrison Government plans to privatise Australia's visa processing system threatens 100 jobs in Tasmania,
(ii) under the Liberals' plan, private providers will be given licence to run Australia's visa system as a for-profit business,
(iii) the Liberals' unfair plan could also lead to the loss of around 2,000 jobs Australia-wide,
(iv) there could be increased visa fraud, cuts to services, and data security risks if the services are privatised,
(v) Australians don't want to see our visa system privatised, and they especially don't want to see people lose their jobs,
(vi) under the Liberals, there have been thousands of full time jobs lost across Tasmania in just the last year,
(vii) the Department of Home Affairs last year outsourced 250 departmental call centre jobs to the New Zealand company Datacom, while the Department of Human Services outsourced 250 Centrelink jobs to Serco,
(viii) visa processing times have blown out under the Abbott-Turnbull-Morrison Government,
(ix) partner visas are at record-high processing times of up to 28 months,
(x) the number of people on bridging visas in Australia – waiting for the Department of Home Affairs to process their applications – has blown out to over 229,000 people, and
(xi) the Home Affairs Minister, Mr Peter Dutton, and the Liberals, appear determined to outsource and sell off parts of Australia's immigration system to the highest possible bidder; and
(b) calls on the Federal Government to protect the integrity of Australia's visa processing system, and stop its plan to privatise Australia's visa system.
The Senate divided. [12:18]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) on 8 September 2017, the Australian Government announced the commencement of an independent inquiry into the effectiveness of the National Road Safety Strategy 2011-2020 (NRSS),
(ii) on 12 September 2018, just over a year later, the NRSS inquiry panel, headed by Professor Jeremy Woolley and Dr John Crozier, presented its report to the Australian Government at Parliament House,
(iii) it has been almost 11 months since the Government received this report, and not enough has been done to address the 12 important recommendations within the report, and
(iv) a failure by the Government to act on these important recommendations will result in continued loss of life and injury through road trauma incidents; and
(b) calls on the Australian Government to:
(i) acknowledge that almost 90 per cent of the NRSS targets will not be met by 2020,
(ii) provide an update to the Senate on its plan to address the 12 recommendations from the inquiry into the NRSS, and
(iii) provide a guarantee that the NRSS is being monitored and that changes will be made to reach the agreed targets if they are not on track to be met.
(1) That the Senate—
(a) notes with deep concern allegations that current members of Parliament, including ministers, pressured senior officers in the Department of Home Affairs to make it easier for certain people, including high-roller clients of Crown Resorts, to obtain visas and clear customs; and
(b) requires the Minister representing the Prime Minister Senator Cormann to attend the Senate immediately after motions to take note of answers on 1 August 2019, to make a statement of not more than 10 minutes detailing:
(i) whether the Prime Minister has investigated the claims made against ministers regarding Crown, which prima facie would breach the Ministerial Standards,
(ii) if the Prime Minister has not investigated these allegations, why he has not done so,
(iii) if the investigation is ongoing, what are the Terms of Reference and timelines for the investigation, and when will the findings be released, and
(iv) whether or not the Prime Minister considers that the Ministerial Standards have been breached.
(2) That at the conclusion of the Minister's explanation, any senator may, without notice, move a motion to take note of the Minister's explanation.
(3) That any motion under paragraph (2) may be debated for no longer than 1 hour, and have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes.
No. 1—Omit subparagraph (1)(a).
No. 2—In subparagraph (b)(i), omit “prima facie would”, substitute “could”.
The Senate divided. [12:28]
(The President—Senator Ryan)
That senators be appointed to the Select Committee into Jobs for the Future in Regional Areas as follows:
Senators Ayres, Chisholm, McDonald and Scarr
Participating members: Senators Abetz, Antic, Askew, Bilyk, Bragg, Brockman, Brown, Carr, Chandler, Ciccone, Dodson, Farrell, Fawcett, Fierravanti-Wells, Gallacher, Gallagher, Green, Hughes, Keneally, Kitching, Lines, McAllister, McCarthy, McGrath, McMahon, O’Neill, O’Sullivan, Paterson, Polley, Pratt, Rennick, Sheldon, Dean Smith, Marielle Smith, Sterle, Stoker, Urquhart, Walsh, Watt and Wong.
(1) That, in accordance with the provisions of the Archives Act 1983, the Senate elect Senator Carr to
be a member of the Advisory Council on Australian Archives for a period of 3 years, on and from
today.
(2) That, in accordance with the provisions of the National Library Act 1960, the Senate elect Senator
Bilyk to be a member of the Council of the National Library of Australia for a period of 3 years,
on and from today.
(3) That, in accordance with the provisions of the Parliamentary Contributory Superannuation Act
1948, the Senate appoints Senators Abetz and Carr as trustees to serve on the Parliamentary
Retiring Allowances Trust on and from today
Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019
Treasury Laws Amendment (Making Sure Multinationals Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2019
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.
TREASURY LAWS AMENDMENT (2019 TAX INTEGRITY AND OTHER MEASURES NO. 1) BILL 2019
This Bill contains a package of important measures designed to improve the integrity of Australia's tax system, save businesses time and money through implementing an electronic invoicing framework and protect workers' superannuation.
Schedule 1 to the Bill improves the integrity of the tax treatment of concessional loans made to a tax exempt entity that is privatised, by removing inappropriate tax deductions which arise on the repayment of loan principal, for certain privatised entities.
Schedule 2 to the Bill will ensure partners in partnerships cannot inappropriately access the small business capital gains tax concessions when they alienate future income from the partnership. Partners will now only be eligible for the concessions when such rights make the assignee a partner in the partnership.
Schedule 3 to the Bill is an integrity measure that will deny deductions for some taxpayers for expenses associated with holding vacant land. These amendments will improve the integrity of the tax system by tightening the link between claiming deductions for holding vacant land and earning assessable income, and will apply to the 2019-20 income year and future years.
Schedule 4 to the Bill will extend to family trusts a specific anti‑avoidance rule that applies to other closely held trusts that engage in circular trust distributions. This will better enable the ATO to pursue family trusts that engage in these arrangements.
Schedule 5 to the Bill amends the Taxation Administration Act 1953 to allow the ATO to disclose to credit reporting bureaus, the tax debt information of businesses that have owed the ATO at least $100,000 for more than 90 days and have not effectively engaged with the ATO to manage their debt. This measure will encourage businesses to engage with the ATO and repay their debt in a timelier manner.
Schedule 6 to the Bill amends the Taxation Administration Act 1953 to allow the ATO to implement an electronic invoicing framework – known as e-Invoicing – in Australia.
Schedule 7 to the Bill protects hard working Australians' superannuation by closing a legal loophole which has been used by some unscrupulous employers to short-change employees who make salary sacrificed contributions. The changes will:
Full details of the measures are contained in the Explanatory Memorandum.
TREASURY LAWS AMENDMENT (MAKING SURE MULTINATIONALS PAY THEIR FAIR SHARE OF TAX IN AUSTRALIA & OTHER MEASURES) BILL 2019
Everyone needs to pay their fair share of tax to ensure the Government is able to fund the vital infrastructure and services that Australians deserve. Most taxpayers pay their way, but integrity rules are necessary to ensure those taxpayers that don't are caught, and made to pay their due.
Thanks to the work of the Coalition government, Australia has some of the strongest rules in the world to combat tax avoidance, but more can be done to make sure multinationals pay their fair share of tax.
Schedule 1 to the Bill introduces new provisions to improve the integrity of Australia's thin capitalisation rules.
These rules prevent multinationals from shifting profits offshore by having unrealistically high levels of debt in Australia in order to claim excessive interest deductions.
The Bill strengthens the integrity of the thin capitalisation rules by improving the reliability of asset valuations used to support debt deductions. It does this by requiring multinationals to rely on the asset values that they publish in their financial statements. This will remove the ability for multinationals to adopt a special valuation solely for tax purposes. The Bill will also remove the ability for multinationals to justify their debt using assets that cannot be recognised for accounting purposes.
No new revaluations are allowed after 7.30PM on 8 May 2018. To allow companies to adjust to the changes, transitional rules will allow companies to rely on asset valuations that were made prior to this time until the last day before the start of their income year commencing on or after 1 July 2019.
The Bill also amends the income tax law to ensure that all foreign controlled consolidated groups are recognised as inward investing entities, even if they have foreign operations. This will confirm that these entities are not able to use thin capitalisation tests that are only appropriate for outbound investors.
Schedule 1 to the Bill will ensure that multinationals cannot structure to avoid our tax integrity rules which are among the strongest in the world.
These changes build on the already strong arsenal the ATO has to deal with multinational tax avoidance, which include the Diverted Profits Tax, the Multinational Anti‑Avoidance Law and the Tax Avoidance Taskforce.
Schedule 2 to the Bill levels the playing field for hotel bookings in Australia by ensuring offshore sellers of Australian hotel accommodation calculate their GST turnover in the same way as local sellers from 1 July 2019.
This measure follows the Government's decision to extend the GST to digital products and other services from 1 July 2017 and to low value imported goods from 1 July 2018.
Schedule 3 ensures luxury car tax is not payable on cars that are re‑imported into Australia after being refurbished overseas. It will mean that, from 1 January 2019, the same tax treatment will apply to luxury cars, irrespective of where the car is refurbished.
This Bill will help ensure taxpayers pay their fair share of tax, close loopholes and ensure programs delivered through the tax system give the greatest returns for taxpayers, demonstrating the Government's commitment to continually strengthening our tax system.
Full details of these measures are contained in the Explanatory Memorandum.
Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019
The committee divided. [12:48]
(The Temporary Chair—Senator Brown)
That this bill be now read a third time.
Treasury Laws Amendment (Consumer Data Right) Bill 2019
Continued advances in artificial intelligence (AI) and cloud technologies, together with growth in connectivity through the proliferation of Internet of Things devices, could have profound impacts on global commerce …
Consumer education will be a critical part of this, remembering this is about putting the customer in the driver's seat in control of their information to authorise that sharing with another provider, so it is very much designed to benefit all customers.
I don't understand why the legislation appears to be rushed. It would seem that we are rushing this legislation to allow banking to be implemented as quickly as possible.
The biggest concern is vulnerable customers. They seem to be on the receiving end of what doesn't go right, and they don't get the benefits of new technology that might drive prices down.
Those experiencing financial hardship are often very profitable to debt management firms and fringe financial service providers and therefore most vulnerable to exploitation. Those in more precarious financial situations are more likely to be unfairly charged higher amounts or pushed to second tier and high cost fringe lenders.
That this bill be now read a third time.
… it's not the Government's intentions or plans to change what's legislated at this point in time.
… relevant parties to the Kyoto Protocol to refrain from using 'carryover credits' as an abatement for the … emissions reduction targets.
Can someone just like... tape Nicola Sturgeon's mouth shut? And her legs, so she can't reproduce.
disgraceful and highly objectionable and completely outrageous that, of course, I entirely abhor, and I'm sure anyone in this Senate chamber abhors.
promoted because she was from the densely Muslim populated area of Dewsbury.
… the listing of some medicines would be deferred until fiscal circumstances permit.
A meeting was sought by Angus to understand the technical aspects of the listing process …
… … …
A briefing was given and no changes have been made to the listing.
… proper consideration of the powers, privileges and immunities of the Houses and their members … is a primary consideration for any officer or employee of the parliamentary service. An understanding of the powers, privileges and immunities of the Houses and their members should underpin any policy that is formulated or any administrative action that is taken by a parliamentary department or its staff.
That the Senate take note of the President's statement.
The accountability required in an instrument like the CCTV Code of Practice is not a bureaucratic or technical requirement. The purpose of those accountability requirements is to ensure that decisions are made by the right people, and that they are made in any informed way. The CCTV system is managed by DPS, under the authority of the Presiding Officers, but its operation is necessarily constrained by the powers and immunities of the Houses and their members. When a conflict arises—or appears to arise—between the exercise of an administrative function and any aspect of those powers and immunities, the committee considers that determination of that conflict must begin with accountability to the source of the power being exercised.
That the Senate take note of the answers given by the Minister for Families and Social Services (Senator Ruston) and the Minister for Finance (Senator Cormann) to questions without notice asked by Senators Green, Keneally, O’Neill today relating to debt compliance and the Department of Social Services.
The attendance of current and former members and senators at CPAC is a matter for those individuals. Their attendance at this conference does not imply agreement or endorsement with the views of any of the other speakers attending in any way.
That the Senate take note of the answer given by the Minister for Defence (Senator Reynolds) to a question without notice asked by Senator Di Natale today relating to climate change.
That the Senate take note of the statement.
(1) The objects of this Act are:
(a) to facilitate:
(i) the detection of corrupt conduct in law enforcement agencies; and
(ii) the investigation of corruption issues that relate to law enforcement agencies;
(c) to prevent corrupt conduct in law enforcement agencies; and
(d) to maintain and improve the integrity of staff members of law enforcement agencies.
That the Senate take note of the report.
Australian Government response to the Senate Community Affairs References Committee report:
ParentsNext, including its trial and subsequent broader rollout
Introduction
The Australian Government welcomes the Senate Community Affairs References Committee (the committee) report of March 2019 on ParentsNext, including the program's trial and subsequent broader rollout.
The Government thanks the committee for its report and the many people who took the time to provide submissions and appear as witnesses.
The ParentsNext program aims to:
It supports these aims by helping parents plan and prepare for employment before their youngest child starts school.
ParentsNext was designed and implemented with a focus on meeting the needs of parents. It is flexible, recognises parents' caring responsibilities, does not require them to look for work, and incorporates family friendly sites and activities. Parents negotiate and agree to their activities and plans. Program eligibility is targeted, providing early intervention to parents on Parenting Payment who are at risk of long-term welfare dependency. While participation is compulsory for most participants, exemptions and valid reasons for non-attendance are available for those who are unable to participate.
The Government remains committed to the ParentsNext program. The national expansion has helped more than 93,300 parents to plan and prepare for employment by the time their children turn six. Since the national expansion (1 July 2018 – 30 June 2019):
The ParentsNext 2016-2018 evaluation report shows participating in the ParentsNext trial generally increased parents' attitude to work, wellbeing and their chances of being in study or finding work. In addition to these findings, the department is undertaking a further evaluation to assess the effectiveness of the expanded program.
The Government is taking positive steps to improve the program including:
These changes are being progressively implemented with some elements having already commenced. The Government will continue to work with stakeholders and the community to identify opportunities to enhance the program. As required, it will also take steps including adjusting program guidelines, improving communications or correcting provider behaviour.
The Government notes the committee's recommendations, and continues to review processes and settings to ensure the program meets stated objectives.
Recommendations made by the committee
Government response—Not Supported.
The Government remains committed to the program. Evidence from the ParentsNext evaluation shows that the ParentsNext trial was effective in increasing parents' wellbeing and resulted in higher rates of work and study.
The Government has recently made a number of changes to improve the program including:
The Government will continue to identify further opportunities to make program improvements.
Government response—Noted.
During the rollout of ParentsNext, the Department of Employment, Skills, Small and Family Business (the department) undertook a substantial consultation process with stakeholders, including providers, parents, peak bodies and community and Indigenous organisations.
As part of implementing the Government's changes described above, the department has consulted with key stakeholders who have been broadly supportive of the changes.
The department is committed to ongoing engagement with parents and key stakeholders to identify opportunities for program improvement. This collaborative approach reflects the Government's desire create a ParentsNext program that genuinely supports parents to prepare for employment.
Government response—Supported.
The department regularly reviews government communication products for participants. The department is updating existing ParentsNext information and creating new information for participants, including web content, FAQs and an updated fact sheet. The department is considering procuring a specialist communications consultancy to refine these materials to the target audience.
Several key documents are already translated into the ten languages in highest use by participants in the program and the department is arranging for the Participation Plan and supporting material to be developed into an audio translation for Indigenous languages.
Government response—Noted.
The department has written to all provider CEOs highlighting that parents are not obliged to sign the Privacy Notification and Consent form and that failure to do so does not result in suspended payments. The department is also exploring changes to the Privacy Notification and Consent form, and the associated guideline, to clarify its purpose.
If a provider is found to have pressured a participant into signing the form, the department will take appropriate action under the ParentsNext 2018-2021 Deed (the deed).
The department has reviewed all instances where ‘Misconduct' has been recorded and found no evidence of a provider coercing a participant into signing the Privacy Notification and Consent form at the initial appointment.
Government response—Noted.
To be awarded ParentsNext business, providers had to satisfy the department that they would deliver services to vulnerable parents in their local community appropriately. This included the ability to support parents in a culturally competent way and supporting those who are experiencing violence and trauma or living with disabilities.
The department is embarking upon a range of training for provider staff and will consider including specialised domestic and family violence targeted training which will build upon their existing skills levels. The department is also considering avenues for enhanced Indigenous cultural competency training.
The department has engaged a consultant to develop a toolkit for providers to better support the delivery of culturally appropriate services for Indigenous participants.
Government response—Noted.
Providers link participants to services in the community delivered by other local service providers where specialised services are required.
Parents in the program can transfer to a new provider, either by mutual agreement or through the department's National Customer Service Line. Reasons for transfer include for better servicing.
Recommendations made by the Labor Senators:
Government response—Noted.
This is a continuation of the status quo.
Government response—Not supported.
This recommendation is inconsistent with the Targeted Compliance Framework (TCF). Under the TCF, attendance at ParentsNext initial appointments has increased from 65 per cent during the ParentsNext trial (ParentsNext 2016) to around 78 per cent in the current program.
Under existing arrangements, participants generally have several days to re-engage after missing their initial appointment before a suspension affects their Parenting Payment which is administered by Centrelink. This is because Centrelink generally avoids scheduling a participant's initial ParentsNext appointment close to the reporting day for their Parenting Payment.
Parents can and should contact their provider prior to the appointment if they are unable to attend and the provider will reschedule to a more appropriate time.
The changes the Government has made in response to Recommendation 1 should significantly reduce the frequency of payment suspensions.
Government response—Not supported.
As discussed in the department's submission, both the ParentsNext trial evaluation and evidence from earlier similar pilots showed significantly better results when the activity requirements were compulsory. As such, the Government does not support this recommendation as it will undermine the program's effectiveness.
Government response—Noted.
To be awarded ParentsNext business, providers had to satisfy the department that they would deliver services to vulnerable parents, including supporting parents dealing with violence and trauma. The department has given, and continues to give providers access to training resources.
The department will review the domestic and family violence response training undertaken by ParentsNext provider staff. Using this information, the department will consider making domestic violence training mandatory for all ParentsNext provider staff or delivering specialised domestic violence targeted training.
Recommendations made by the Australian Greens:
Government response—Not supported.
Ceasing the operation of the TCF would undermine the effectiveness of the ParentsNext program. ParentsNext attendance at appointments has increased from 66 per cent during the ParentsNext trial (before the TCF) to around 80 per cent in the current program (under the TCF).
Government response—Not supported.
The Government does not agree with this recommendation, as the evidence shows that having compulsory activities improves the program's effectiveness and that the most disadvantaged participants would not participate if the program was voluntary.
Dear Mr President
I write with regard to questions I took on notice from Senator Wong and Senator Keneally on Wednesday, 31 July 2019 on the matter of the Conservative Political Action Conference (CPAC).
The Government fundamentally believes in and supports the principles of freedom of thought, speech, expression and association. It is those freedoms which underpin a strong and healthy democracy, where bad views and bad ideas can be contested and refuted.
We have always assumed that there was bipartisan support for those democratic principles of freedom of thought, speech, expression and association. In particular given the very strong recent statements by Opposition members in defence of those principles, especially the freedom of association.
The attendance of current and former members and senators at CPAC is a matter for those individuals. Their attendance at this conference does not imply agreement or endorsement with the views of any of the other speakers attending in any way.
The Government will always stand against divisive, inflammatory commentary which seeks to incite hatred or which seeks to vilify people.
However, the way to defeat bad ideas, bad arguments and unacceptable views is through debate, especially with those we disagree with. It is not by limiting our conversations only to those who at all times share all of our views.
I have copied this letter to Senator Wong and the Prime Minister.
Great Australian Bight Environment Protection Bill 2019
That the Senate—
(a) notes that:
(i) the Household, Income and Labour Dynamics in Australia (HILDA) survey, released on 30 July 2019, has confirmed that Australians are worse off since the election of the Coalition Government in 2013,
(ii) HILDA revealed real median household annual disposable income has declined from $80,208 in 2013 to $80,095 in 2017,
(iii) wages growth has stagnated under the Coalition Government's watch,
(iv) when asked why wage growth was stagnating under the Coalition Government, Finance Minister Mathias Cormann said – "This is a deliberated feature of our economic architecture ", and
(v) the Coalition Government supports continued cuts to the penalty rates of Australia's lowest paid workers; and
(b) expresses its disappointment in the Coalition Government's failure to pursue policies to increase household incomes in real terms, address growing congestion and combat increasing rates of poverty revealed by the HILDA survey.
Any changes in this area must be evidence-based, protect the rights and entitlements of workers and have clear gains for the economy and for working Australians
A fanatic is one who can't change his mind and won't change the subject.
That the Senate take note of report 29 as listed on page 14.
That the Senate take note of the document.
That—
Leave of absence be granted to the following senators on account of ministerial business:
(a) Senator Birmingham for today;
(b) Senator Payne for 31 July and 1 August 2019.
That the Senate concurs with the resolution of the House of Representatives contained in message No. 38 relating to the appointment of the Joint Select Committee on Road Safety.
That—
(a) the Senate, at its rising, adjourn till Monday, 9 September 2019, at 10 am, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator; and
(b) leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.
Ann Millar, originator of the concept of the dictionary, editor of the first two volumes and co-editor of this volume, retired in 2008. Her absolute commitment to the dictionary, along with her exacting standards of scholarship, have ensured the success of the project over the last sixteen years.
She established a permanent place for exhibitions on the Senate side of Parliament House … which were highly influential in bringing attention to our Constitution and its history.
The high-quality design and the importance of telling an authentic story contributed to the growing reputation of the Senate Department under Harry Evans, whom Ann thought the world of.
Exhibitions were only one strand of Ann's work.
And then there were the conferences and lectures—
not to mention the public service seminars!
She sought out speakers who would have something useful and often entertaining to say about our system of government. … She didn't hesitate to seek out the best, whether she ran into them at the Red Hill shops or by approaching the highest offices in the land!
But of course, the big project was the four-volume Biographical Dictionary of the Australian Senate , which was a formidable undertaking. With a small team of dedicated staff, and lots of outposted authors, Ann steered it to publication.
Ann brought such flair and dedication to producing each volume, and each is a lasting monument to her scholarly reputation.
And Frankie kicked a mine the day that mankind kicked the moon
Our total support for the brave men and women of the Australian Defence Forces and their families.
… legislators from across the political divide tried to ride roughshod over parliamentary procedure and pass abortion laws that barely anyone in the state has even heard of.