The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
That general business order of the day No. 7 (Telecommunications Legislation Amendment (Unsolicited Communications) Bill 2019)—be considered today at the time for private senators' bills.
Telecommunications Legislation Amendment (Unsolicited Communications) Bill 2019
That this bill be now read a second time.
Calls, emails or SMS that are not commercial—that is they do not have a commercial purpose—are generally allowed and not required to comply with the obligations under the Do Not Call Register Act 2006 and the Spam Act 2003. Communications about political matters do not usually include a commercial element.
'My husband's mobile went off so he raced out of bed and sure enough, it was a robocall,' said ABC Radio Adelaide listener Karen, who was disturbed from her slumber just after 6:30am. 'Anyway, I was dozing back to sleep and then my mobile went off so we scored it twice this morning and I actually did the survey. 'Normally I wouldn't do it but I was so angry this morning that I decided to give Mr Marshall and the Liberal Party a bad rating.'
At the end of the motion, add "and:
(a) the bill be referred to the Joint Standing Committee on Electoral Matters for inquiry and report; and
(b) further consideration of the bill be made an order of the day for the first sitting day after the committee has presented its report".
Calls, emails or SMS that are not commercial — that is they do not have a commercial purpose — are generally allowed and not required to comply with the obligations under the Do Not Call Register Act 2006 and the Spam Act 2003. Communications about political matters do not usually include a commercial element.
My husband's mobile went off so he raced out of bed and sure enough, it was a robocall.
… I was dozing back to sleep and then my mobile went off so we scored it twice this morning and I actually did the survey.
Normally I wouldn't do it but I was so angry this morning that I decided to give Mr Marshall and the Liberal Party a bad rating.
When they ring me, I tell them that they are invading my privacy and that I do not respond to these phone calls. I also ask them to take my name off their lists.
Political advertising on social and traditional media is being investigated by the Joint Standing Committee on Electoral Matters as part of its inquiry into the 2019 Federal election.
Calls, emails or SMS that are not commercial—that is they do not have a commercial purpose—are generally allowed and not required to comply with the obligations under the Do Not Call Register Act 2006 and the Spam Act 2003. Communications about political matters do not usually include a commercial element.
… it received 37 complaints about text messages containing the word "Liberal" during the election campaign, and 36 complaints about messages containing the word "Labor"—
The actual … figure may be higher, but there was insufficient information in a number of complaints received to be able to clearly state that the calls related to election/political matters.
Customs Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Bill 2019
Customs Tariff Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Bill 2019
At the end of the motion, add:
", but the Senate is of the opinion that:
(a) the current process for negotiating trade agreements needs to be amended to increase transparency around the negotiations and final text of agreements;
(b) all trade agreements should be subject to independent national interest assessments;
(c) investor-state dispute settlement (ISDS) provisions need to be excluded from all trade agreements; and
(d) human rights, labour, and environmental protection provisions must be included in all trade agreements."
The food and grocery manufacturing sector provides over 324,000 jobs and nearly 40 percent of those jobs are in rural and regional Australia …
Providing access to export markets with improved trading arrangements enables favourable conditions to expand the business, thereby giving confidence to invest domestically, leading to increased employment and economy contribution.
The agreement to increase import quotas and decrease tariffs for carrot and potato exports—two of the Australian vegetable industry's key export crops—will lead to an immediate increase in the trade of these commodities to Indonesia and must be ratified now …
… given Indonesia is predicted to have the world's fifth largest economy by 2030, it will help ensure that Australia, and its horticulture producers, will be able to benefit from the country's expected economic growth.
Trade delivers Australians more choices and greater opportunities. Better access to markets will give Australian businesses the chance to grow, invest and create new jobs.
Indonesia is a vitally important trading partner for the Australian live cattle and beef industry – along with a steady requirement for sheepmeat. Combined, the existing trade was worth over … $1 billion in 2018.
Anyone attempting to split China in any part of the country will end in crushed bodies and shattered bones.
We feel it's important that we show solidarity with the protesters, and our support for human rights, civil society and the rule of law in Hong Kong, before we decide on how to proceed with a free trade agreement.
Beginning … this year, Centrelink and the ATO will automatically match data on a daily basis as a way of cross-checking former welfare recipients who have a debt with the Commonwealth.
Those … identified as having debts and who haven't made repayment arrangements ...
The Government prefers to work with people and provide them with flexible debt repayment options, rather than having to garnishee their tax refunds … But if people …
That the Senate take note of the answer given by the Minister for Families and Social Services (Senator Ruston) to a question without notice asked by Senator Kitching today relating to the Income Compliance Programme.
The committee recommends that all people who have had a debt amount determined through the use of income averaging should have their debt amounts re-assessed immediately …
That the Senate records its deep regret at the death, on 17 November 2019, of Benjamin Charles Humphreys AM, former Member of the House of Representatives, Minister for Veterans' Affairs and Minister assisting the Minister for Northern Australia in the Hawke and Keating governments, places on record its appreciation for his service to the Parliament and the nation, and tenders its sympathy to his family in their bereavement.
… having travelled the full distance with those Gallipoli and World War I veterans, I will never know another 10 such days. I can say that by observing and getting close to those men I have broadened my understanding of my own character and what it means to be an Australian.
… Ben was a kind, gentle and good man. He began life as a local mechanic and saw every person he met as his equal. He would go out of his way to help people in need.
Without Ben, I could never have later become Prime Minister of Australia.
Ben was an amazing and loyal servant of our community and the Labor cause, and he will be missed by all.
… the duty and responsibility of the community … to see that our less fortunate fellow citizens are protected from those shafts of fate which leave them helpless and without hope.
That the Senate—
(a) notes that:
(i) the overall national toll for women killed by violence, since the start of 2019, now stands at 50, as reported by Counting Dead Women Australia from Destroy The Joint,
(ii) there is no national government reporting program to record the ongoing toll of women killed by violence in real-time,
(iii) on average, one woman is murdered every week by her current or former partner,
(iv) according to the Australian Bureau of Statistics Personal Safety Survey 2016:
(A) more than 370,000 Australian women are subjected to violence from men each year,
(B) 1 in 3 Australian women has experienced physical violence,
(C) 1 in 5 Australian women has experienced sexual violence,
(D) 1 in 6 Australian women has experienced physical or sexual violence by a current or former partner,
(E) 1 in 4 Australian women has experienced emotional abuse by a current or former partner,
(F) Australian women are nearly three times more likely than men to experience violence from an intimate partner, and
(G) Australian women are 2.5 times more likely to be hospitalised for assault injuries arising from family and domestic violence than men, with hospitalisation rates rising by 23% since 2014-15,
(v) in 2017, young women aged between 15-34 accounted for more than half of reported sexual assaults,
(vi) there is growing evidence that women with disabilities are more likely to experience violence,
(vii) Aboriginal and Torres Strait Islander women report experiencing violence at 3.1 times the rate of non-Indigenous women,
(viii) in 2016-17, Indigenous women were 32 times as likely to be hospitalised due to family violence as non-Indigenous women,
(ix) the Fourth Action Plan of the National Plan to Reduce Violence against Women and their Children 2010-2022 , states that the overall prevalence of violence against women will only start to decrease in the very long term as gender roles change, and
(x) the Fourth Action Plan recognises that demand for domestic and family violence services has increased, and will continue to increase; and
(b) calls on the Federal Government to:
(i) recognise domestic violence against women as a national security crisis,
(ii) adequately fund frontline domestic, family and sexual violence and crisis housing services to ensure that all women seeking safety can access these services when and where they need them,
(iii) legislate for 10 days paid domestic and family violence leave so that women do not have to choose between paying the bills and seeking safety,
(iv) ensure that all government-funded counselling services for domestic and family violence are delivered by expert family violence service providers, in accordance with the National Outcome Standards for Perpetrator Interventions,
(v) implement all 25 recommendations contained in the report of the Finance and Public Administration References Committee on domestic violence in Australia, tabled on 20 August 2015, and
(vi) maintain and publish an official real-time national toll of women killed by violence in Australia.
That the Senate—
(a) notes that:
(i) as of October 2019, there are 289,489 people of a total of 686,000 people on Newstart who are categorised as having a 'partial capacity to work' meaning 42% of Newstart recipients now have an illness or disability,
(ii) 128,820 people (44%) of those with a 'partial capacity to work', have a psychological or psychiatric impairment,
(iii) poverty is a well-established social determinant of health, including psychological health, and persistent poverty plays a demonstrable role in increasing levels of psychological distress, and
(iv) the Minister for Health (Mr Hunt) stated on World Mental Health Day 2019 that 'supporting mental health and suicide prevention is the Government's highest health priority, and is a central feature of our Long Term National Health Plan. It is also a personal priority for the Prime Minister, Scott Morrison, and myself';
(b) expresses concern that so many Australians with mental ill health are being forced to live in poverty on Newstart and Youth Allowance; and
(c) calls on the Federal Government to recognise the impact poverty has on mental health, and immediately increase Newstart and Youth Allowance to enable people in our community to have dignified standard of living.
That the Senate—
(a) notes that:
(i) states across Australia are currently in the midst of devastating bushfires,
(ii) these fires have led to four people tragically losing their lives, dozens of people injured and more than 500 homes destroyed,
(iii) around 1.5 million hectares has now been burnt through, with well over 130 fires still burning across Australia, and
(iv) sever fire dangers are expected to continue with no significant rainfall forecast over the coming days;
(b) offers its condolences to the Australians who have lost their loved ones, and the Australians who have lost their homes;
(c) expresses its gratitude to the brave firefighters, both paid and voluntary, and emergency services personnel who are working through the day and night to keep communities safe; and
(d) urges those Australians in affected areas to listen to warnings and stay safe.
That the Senate—
(a) notes that:
(i) the Department of Home Affairs employs over 100 dedicated and hardworking Tasmanians to process visa applications,
(ii) this is crucial work that ensures the integrity of our visa processing system and is the cornerstone of our sovereignty as a nation,
(iii) privatisation of Australia's visa system would threaten the livelihoods of over 100 Tasmanians and their families, and
(iv) privatising Australia's visa system will lead to increased costs of visas, greater risks of worker exploitation, data security breaches and will make protecting national security more difficult;
(b) condemns the Federal Government for auctioning Australian jobs off to the highest bidder, and for undermining the integrity of our visa processing system and our nation's sovereignty; and
(c) calls on the Federal Government to guarantee the protection of these 104 jobs in Tasmania, and the 2000 jobs across Australia, which will be lost under the Morrison Government if Australia's visa system is privatised.
That the Senate—
(a) notes that:
(i) the parliamentary inquiry into Australia's Family Law System is going ahead,
(ii) specialist services across the women's safety sector have been contacted by survivors who are concerned that the inquiry is going ahead, and concerned they will not be believed when they speak of family violence,
(iii) concerns continue to be raised by the women's safety sector, including from the Australian Women Against Violence Alliance, that:
(A) many victims and survivors of family violence will not feel safe to give evidence, and
(B) those victims, survivors and other persons who do wish to give evidence should be supported to do so, having regard to mental and physical health risks,
(iv) specialist domestic and family violence services expect an increase in demand while the inquiry remains under way, and
(v) the Joint Select Committee on Australia's Family Law System has been informed about the essential safeguards that are needed to mitigate these concerns, but no commitments have yet been made; and
(b) calls on the Federal Government to take action to ensure that witnesses who choose to give evidence to the inquiry can do so safely, and that evidence given to the inquiry is treated respectfully, by:
(i) putting in place the essential safeguards being called for by women's safety experts to protect witnesses during the conduct of the inquiry, including rules about giving evidence in confidence or remotely, ensuring safe access to hearing venues, and media protocols,
(ii) not holding hearings until such safeguards and support for survivors of violence are implemented, and
(iii) ensuring adequate specialist and domestic family violence services are available to respond to additional demand resulting from the inquiry.
(1) That there be laid on the table by the Minister representing the Minister for the Environment, by not later than the last sitting day of each year, the report detailing Australia's estimated future greenhouse gas emissions, Australia's Emissions Projections .
(2) This order is of continuing effect.
That the Senate—
(a) notes that:
(i) Newstart has not had an increase in real terms for 25 years, and
(ii) Newstart is a poverty trap; and
(b) calls on the Federal Government to raise the rate of Newstart immediately.
That the Senate notes that:
(a) valid scientific data proving cause-and-effect is vital as the only credible justification for policies claimed to be based on science; and
(b) the ultimate arbiter of science is empirical scientific evidence, being:
(i) objectively verified hard data as physical measurements and/or physical observations, and
(ii) presented in a logical framework proving cause and effect.
The Senate divided. [16:35]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) more than 2000 children are stillborn in Australia each year,
(ii) the Select Committee on Stillbirth Research and Education identified the need for more support to be provided to bereaved parents and families affected by stillbirth,
(iii) under current laws:
(A) parents are not eligible for a bereavement payment for a stillborn child, but will be eligible for a bereavement payment for a child who dies shortly after birth,
(B) parents of a stillborn child are eligible for a stillborn baby payment, and
(C) the amount of the stillborn baby payment is reduced by half for second or subsequent stillborn children,
(iv) support payments to affected families can relieve financial pressure at a time of high stress by assisting with autopsy expenses, funeral or memorial costs, and access to counselling and health services,
(v) the grief and stress experienced by parents and families in response to a stillbirth is no less than that experienced in response to the death of a child, and
(vi) the grief and stress experienced by parents and families in response to a stillbirth is not lessened by having previously experienced a stillbirth, and the cumulative impact of subsequent stillbirths may increase the physical and mental health impacts on bereaved parents; and
(b) calls on the Federal Government to:
(i) take action to implement all 16 recommendations of the Select Committee on Stillbirth Research and Education, and
(ii) ensure equitable financial support is available to all parents and families experiencing the death of a child prior to, at, or near the time of birth by:
(A) extending eligibility for bereavement payments to parents of stillborn children, and
(B) increasing stillborn baby payments for second and subsequent stillbirths to be commensurate with the entitlements for a first stillbirth.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Preventing and eliminating violence against women, which continues to be an obstacle to achieving equality, development, peace as well as to the fulfilment of women and girls' human rights.
That, in accordance with section 5 of the Parliament Act 1974, the Senate approves the proposals by the National Capital Authority for capital works within the Parliamentary Zone relating to (a) the National Gallery of Australia foreshore public domain upgrade and (b) the Sir John Gorton commemorative sculpture.
Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019
Customs Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Bill 2019
Customs Tariff Amendment (Growing Australian Export Opportunities Across the Asia-Pacific) Bill 2019
We worked hard and in good faith to give Labor a decent policy which was passed at the national conference—yet it's all been swept aside.
Working people rightly expect the party they founded to represent their economic interests. It's unfathomable that Labor would expose them to low-wage competition at a time when incomes are already flatlining.
Labor's support for these free-trade deals is more than a betrayal of its own platform; it's a betrayal of hardworking men and women, their safety, job security and our national sovereignty.
The decision by the ALP to side with the government is an abandonment both of their own platform, and of their responsibility to stand up for fair trade deals which deliver jobs for local workers, that protect Australia's public services, sovereignty and visa workers from exploitation and that ensure international labor standards in the countries we trade with … They've made a mistake that will not be forgotten by Australian workers.
The first thing you need to know about trade deals ... is that they aren't what they used to be.
… neither Party—
shall adopt or maintain any prohibition or restriction or measure having equivalent effect, including quantitative restrictions, on the importation of a good originating in the territory of the other Party …
… pursue the termination of the Agreement between the Government of Australia and the Government of the Republic of Indonesia concerning the Promotion and Protection of Investments , and seeks to terminate the 'survival clause' in this agreement.
... there's been problems with the ... visas in the past so the definition of insanity is doing the same thing over and over and expecting a different result, and yet here we are again.
… the Australian government negotiate with the Peruvian Government to withdraw the proposed ISDS arrangements … as there is no clear benefit to such mechanisms, they bring well-established and serious risks …
… the Australian Government gives due consideration to implementing … independent modelling and analysis of a proposed trade agreement … by the Productivity Commission … provided to the Committee alongside the National Interest Analysis (NIA) to improve assessment of the agreement.
… the movement of natural persons, as referenced in Chapter 12 of IA-CEPA, only occur on the basis that any temporary foreign labour arrangements include the application of labour market testing and actual skills testing in relevant areas like electrical trades, and notes that this should in any case be a treaty-level agreement.
The agreements were negotiated in secret and have never been subjected to any form of independent assessment of their economic benefit or to determine whether they are likely to deliver or support jobs for Australian workers.
They will increase the number of workers on temporary visas in this country at a time when the 1.4 million already working here are routinely exposed to exploitation.
They do not guarantee that jobs will even be advertised locally before they are filled by workers on working holiday or training visas.
The agreements contain Investor-State Dispute Settlement (ISDS) clauses …
… … …
The ALP has extracted some concessions from the Government not contained in the agreements but has still voted to support agreements which do not meet the standards set out in the party platform.
… … …
The ALP is in breach of its own platform, which represents the commitment it has given to its members and Australian workers. To vote in favour of agreements which do not have labour clauses and include clauses which compromise Australia's sovereignty is deeply disappointing.
Arbitral tribunals set up under ISDS provisions are not courts. Nor are they required to act like courts. Yet their decisions may include awards which significantly impact on national economies and on regulatory systems within nation states. Questions have been raised about the consistency, openness and impartiality of decisions made in ISDS arbitrations.
They have general implications for national sovereignty, democratic governance and the rule of law within domestic legal systems.
The Senate divided. [21:45]
(The Acting Deputy President—Senator Fawcett)
The Senate divided. [21:49]
(The Acting Deputy President—Senator Fawcett)
The confidence levels of Queensland's property industry have fallen over the last quarter, following the State Government's announcement of land tax increases and a new foreign land tax surcharge.
The Queensland Government was rated in the survey as the lowest performing state government across the country.