The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That so much of standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter; namely, a motion to provide that a motion relating to the consideration of the Migration Amendment (Repairing Medical Transfers) Bill 2019 may be moved immediately and determined without amendment or debate.
The Senate divided. [10:06]
(The President—Senator Ryan)
That a motion to provide for the consideration of the Migration Amendment (Repairing Medical Transfers) Bill 2019 may be moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [10:10]
(The President—Senator Ryan)
The Senate divided. [10:14]
(The President—Senator Ryan)
That—
(a) the Migration Amendment (Repairing Medical Transfers) Bill 2019 be called on immediately and have precedence over all other business;
(b) if, by 11 am the bill has not been finally considered, the questions on all remaining stages shall be put without debate;
(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142; and
(d) following conclusion of consideration of the bill, the Senate shall return to the routine of business.
The Senate divided. [10:17]
(The President—Senator Ryan)
Migration Amendment (Repairing Medical Transfers) Bill 2019
At the end of the motion add:
", and further consideration of the bill be made an order of the day for the first sitting day after the Minister representing the Minister for Home Affairs has laid on the table all documents relating to negotiations between the Government and Senator Jacqui Lambie in relation to this bill".
That the question be now put on the amendment.
The Senate divided. [10:56]
(The President—Senator Ryan)
The Senate divided. [11:05]
(The President—Senator Ryan)
The Senate divided. [11:09]
(The President—Senator Ryan)
(1) Schedule 1, item 15, page 5 (lines 11 to 29), omit the item, substitute:
15 Continued application of old law
(1) This item applies in relation to a transitory person if, immediately before this item's commencement, any of the following had occurred:
(a) a decision had been made by the Minister in relation to the person under section 198D, 198E, 198F or 198G of the old law;
(b) the Secretary had identified the person as a legacy minor under section 198D of the old law but had not notified the Minister;
(c) the Secretary had been notified about the person under section 198E of the old law but had not notified the Minister;
(d) the Minister had been notified about the person under section 198D or 198E of the old law but had not made a decision about the person;
(e) the Independent Health Advice Panel (the panel ) had been notified by the Minister about the person under section 198F of the old law but the panel had not informed the Minister of its recommendation in relation to the person;
(f) the Minister had been informed by the panel about the person under section 198F of the old law but the Minister had not made a decision about the person;
(g) the Minister had been informed by an officer about the person under section 198G of the old law but the Minister had not made a decision about the person.
(2) Despite the amendments and repeals made by this Schedule, the old law continues to apply, in relation to the transitory person, as if those amendments and repeals had not been made.
(3) The old law is theMigration Act 1958 as in force immediately before this item's commencement.
(4) To avoid doubt, this item does not affect the operation of subsection 7(2) of the Acts Interpretation Act 1901 .
The Senate divided. [11:17]
(The President—Senator Ryan)
The Senate divided. [11:21]
(The President—Senator Ryan)
Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019
… a presumption against bail is a bad idea: it means jail before a finding of guilt.
… the politicians should leave that to judges and the parole board. Moves like this are a reminder of the old idea that 'We will take your freedom in order to protect your liberties'.
… would unacceptably compromise national security or other compelling public interest, or … the respondent is in some alternative way provided with sufficient information adequately to defend the proceedings.
… it is a cornerstone of the criminal justice system that a person is presumed innocent until proven guilty, and presumptions against bail (which deny a person their liberty before they have been convicted) test this presumption.
… the Bill also proposes … to bring the information disclosure obligations for a CDO … 'more in line with the procedure in other contexts, such as proceedings for criminal prosecutions'.
but the Senate:
(a) notes that:
(i) the explanatory memorandum to the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 forecast a ‘second tranche’ of legislation that would include real estate agents, accountants and lawyers as designated services under the Act …
… in April 2016, the Government released the statutory review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 which contained a recommendation that the Government develop options to regulate real estate agents, accountants and lawyers under the Act …
… the Government undertook consultation on the regulation of real estate agents, accountants and lawyers under the Act, which closed in January 2017 …
… the Financial Action Task Force's April 2015 Mutual Evaluation Report on Australia's progress in combatting money laundering and terrorist financing stated that Australia is an attractive destination for foreign proceeds of crime, particularly corruption-related proceeds flowing into real estate …
… the December 2017 OECD Phase 4 Report on Australia's implementation of the OECD Anti-Bribery Convention recommended that Australia address the risk that the real estate sector could be used to launder the proceeds of foreign bribery …
Australia is one of only six countries in the world not to have included real estate agents, accountants and lawyers as designated services under anti-money laundering and counter-terrorism laws
AUSTRAC estimates that $1 billion in suspicious transactions flowed through the Australian property market from just one country, China, in just one year, 2016
At the end of the motion, add: ", but the Senate:
(a) notes that:
(i) the explanatory memorandum to the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 forecast a 'second tranche' of legislation that would include real estate agents, accountants and lawyers as designated services under the Act,
(ii) in April 2016, the Government released the statutory review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 which contained a recommendation that the Government develop options to regulate real estate agents, accountants and lawyers under the Act,
(iii) the Government undertook consultation on the regulation of real estate agents, accountants and lawyers under the Act, which closed in January 2017,
(iv) the Financial Action Task Force's April 2015 Mutual Evaluation Report on Australia's progress in combatting money laundering and terrorist financing stated that Australia is an attractive destination for foreign proceeds of crime, particularly corruption-related proceeds flowing into real estate,
(v) the December 2017 OECD Phase 4 Report on Australia's implementation of the OECD Anti-Bribery Convention recommended that Australia address the risk that the real estate sector could be used to launder the proceeds of foreign bribery,
(vi) Australia is one of only six countries in the world not to have included real estate agents, accountants and lawyers as designated services under anti-money laundering and counter-terrorism laws,
(vii) AUSTRAC estimates that $1 billion in suspicious transactions flowed through the Australian property market from just one country, China, in just one year, 2016,
(viii) in November 2019, the Financial Action Task Force suspended their evaluation of Australia's progress in combatting money laundering and terrorist financing, and
(ix) the Government's rhetoric about being 'tough on crime' does not match with their failure to legislate the second tranche of anti-money laundering and counter-terrorism financing laws; and
(b) calls on the Government to introduce legislation to include real estate agents, accountants and lawyers as designated services under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ".
The Senate divided. [12:04]
(The Deputy President—Senator Lines)
The Senate divided. [12:09]
(The Deputy President—Senator Lines)
(1) Schedule 2, item 16, page 12 (after line 12), after subsection 105A.5(9), insert:
(10) To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.
Note: The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.
… be amended so that, in respect of any application for a continuing detention order, the onus is on the Australian Federal Police Minister to satisfy the Court that any exculpatory information that is excluded from an application is protected by public interest immunity.
That this bill be now read a third time.
Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019
Does the Aged Care Financing Authority have any concerns about the viability of the aged-care sector given all of these factors?
… older people have trouble using the contact centre and website, they face confusing and duplicative assessments and they are not supported to connect to services.
The reduction to tax payable did not translate to a rise in discretionary spending …
What will matter is what comes out at the end of the day when the September quarter results are released in early December.
… there is no secret deal.
I put up to the government a proposal to work with me to secure my support for the passage of the repeal of medevac. … I genuinely can't say what I proposed.
… in terms of Australia's security interests and how we manage our borders, we don't believe it’s consistent with that …
The Australian Government has no plans to take up that arrangement whatsoever …
Gladys did a very good job ... she was instrumental in helping us get access, like any good lobbyist would, and that was her job … At the time she was doing fundraising for the Liberal Party …
… that the government has agreed to facilitate consideration of these amendments in the New Year in government business time.
By leave of the Senate, a senator may explain matters of a personal nature, although there is no question before the Senate, but such matters may not be debated.
That the Senate take note of the answers given by the Minister for Finance (Senator Cormann) to questions without notice asked by Senator Gallagher and Senator Walsh today.
The US-China trade and technology disputes continue to affect international trade flows and investment as businesses scale back spending plans because of the uncertainty.
The central scenario is for growth to pick up gradually to around 3 per cent in 2021. The low level of interest rates, recent tax cuts—
ongoing spending on infrastructure, the upswing in housing prices and a brighter outlook for the resources sector should all support growth.
That the Senate take note of the answer given by the Minister for Financee (Senator Cormann) to a question without notice asked by Senator Di Natale today.
That provisions of paragraphs 5 to 8 of standing order 111 not apply to various bills as set out in the list circulated in the chamber, allowing them to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2019 SPRING SITTINGS
AUSTRALIAN CRIME COMMIS SION AMENDMENT (SPECIAL OPERATIO NS AND
SPECIAL INVESTIGATIONS) BILL
Purpose of the Bill
The purpose of the bill is to amend the Australian Crime Commission Act 2002 to confirm the validity of current and former special ACC operations and special ACC investigations determinations, amend the Australian Criminal Intelligence Commission's Board's process for making future special operations and investigations determinations, and make related consequential amendments.
Reasons for urgency
The bill requires introduction and passage in the 2019 Spring sittings to ensure the ongoing validity of Australian Criminal Intelligence Commission special operations and investigations ahead of litigation currently in the High Court.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2019 SPRING SITTINGS
FARM HOUSEHOLD SUPPORT AMENDMENT (RELIEF MEASURES) BILL (NO.2) 2019
Purpose of the Bill
The bill amends the Farm Household Support Act 2014 (FHS Act) and relevant subordinate legislation as the third instalment of changes to simplify the Farm Household Allowance (FHA) and adjust key policy settings of the FHA program.
The bill:
Reasons for Urgency
Passage of the Bill is urgently required in the 2019 Spring sittings to give effect to key recommendations from the independent review of the FHA program. The persisting drought conditions make the requirement to change key FHA settings more urgent as many farmers are in great need of support.
The independent review found that FHA is not meeting farmers' expectations because of the complexity of the payment and the length of the application process. FHA provides income support to meet basic household needs when farmers are experiencing financial hardship, and to create breathing space while they consider the future of their farm and take actions to improve their circumstances.
The bill seeks to implement key recommendations from the review, to deliver improvements to fanners and their partners who are experiencing hardship and seeking support through the FHA program.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2019 SPRING SITTINGS
INTERACTIVE GAMBLING AMENDMENT (NATIONAL SELF-EXCLUSION REGISTER) BILL AND
NATIONAL SELF-EXCLUSION REGISTER (COST RECOVERY LEVY) BILL
Purpose of the Bill
This Bill package establishes a National Self-Exclusion Register, to allow consumers to self-exclude from all regulated interactive wagering services in Australia.
Reasons for Urgency
Passage of legislation would deliver on commitments made by Commonwealth, state and territory governments. Key stakeholder groups, including the wagering industry and the community sector, are already applying pressure to governments to implement the National Self-Exclusion Register as quickly as possible.
Passage of legislation during the Spring 2019 sitting period is required to enable the Australian Communications and Media Authority to engage a third-party provider to develop and implement the National Self-Exclusion Register.
The Australian Communications and Media Authority has since advised that these processes are expected to take 12 to 18 months, from the passage of legislation, to complete. This means that the National Self-Exclusion Register is likely to be delayed at least 12 months longer than the initial implementation timeframe.
Currently, there is no self-exclusion system available across all regulated interactive wagering services. The Commonwealth is the only jurisdiction with the power to enact and fully enforce a legislative scheme with application across Australia.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2019 SPRING SITTINGS
SPECIAL RECREATIONAL VESSELS BILL
Purpose of the Bill
The bill allows special recreational vessels trading to apply for temporary licences under the Coastal Trading (Revitalising Australian Shipping) Act 2012.
Reasons for Urgency
The proposed bill should be brought forward as a matter of urgency in order for the legislation to commence before the end of the year. The special recreational vessels industry has advised they are expecting a large number of these vessels to be in the Pacific over the this summer and over the next 18 months for the Tokyo Olympics and the America's Cup in Auckland, and want certainty that they can sail to Australia and be able to offer charters. Broader economic benefits are expected from the operation of these vessels in Australian waters.
That leave of absence be granted to Senator Payne today and 5 December 2019 on account of ministerial business.
Transport Security Amendment (Testing and Training) Bill 2019
National Vocational Education and Training Regulator Amendment Bill 2019
That the following bills be introduced: A Bill for an Act to A Bill for an Act to amend legislation relating to transport security, and for related purposes and a Bill for an Act to amend the National Vocational Education and Training Regulator Act 2011, and for related purposes.
That these bills may proceed without formalities, may be taken together and be now read a first time.
Australia's transport sector is one the safest and most secure in the world. However the sector remains an enduring target for terrorists, and we need to do all we can to ensure that security arrangements are robust and responsive to this threat.
The Transport Security Amendment (Testing and Training) Bill 2019 (the Bill) amends the Aviation Transport Security Act 2004 (the Aviation Act) and theMaritime Transport and Offshore Facilities Security Act 2003 (the Maritime Act) to improve the effectiveness of screening at Australia's security controlled airports and security regulated ports.
The Bill does this in two ways. Firstly, it improves the capacity of aviation security inspectors to perform their important work in testing aviation industry participants' security systems. Secondly, it will establish the framework needed to introduce a national standard of competency of aviation and maritime screening personnel.
Aviation security inspectors play a pivotal role in ensuring Australia's aviation security systems remain resilient against terrorist attacks. Inspectors test airport security systems to ensure that security obligations are being met by aviation industry participants. These tests probe for potential weak points in aviation security arrangements, and in doing so ensure that the Department of Home Affairs can act to ensure security arrangements continue to be fit for purpose. This Bill introduces measures to clarify the ability of aviation security inspectors to carry out this important work. In particular, inspectors will be able to conduct system tests with test pieces at locations beyond screening points in an airport terminal, without the risk of committing an offence against other laws.
This means that the Department will be able to expand system tests to cover a wider range of locations, security measures and aviation industry participants. For example, following passage of the Bill aviation security inspectors will expand their testing regime to include air cargo examination and catering facilities.
In addition to strengthening the ability of aviation security inspectors to fulfil their important role, we must also ensure that we have in place sound education and training requirements for security screeners.
Security screeners perform a vital role in securing our airports and seaports. They prevent weapons, such as firearms or explosives, from making it onto an aircraft or cruise ships, ensuring we can all travel safely and securely.
The Transport Security Amendment (Testing and Training) Bill 2019 will ensure that the education, training and testing requirements for screeners remain effective and flexible in an increasingly complex security environment. It will establish the necessary framework so that screeners are well equipped to respond to threats now and into the future.
This Bill introduces measures allowing the Secretary of the Department of Home Affairs to prescribe the requirements associated with screeners' training, qualification and accreditation. This will allow screener requirements to be adapted efficiently in response to rapid changes in the security environment, creating a more flexible and agile workforce.
This measure responds to a 2016 Inspector of Transport Security inquiry into aviation and maritime transport security. The Inquiry highlighted a need for a specialised qualification, the introduction of national accreditation tests, on-the-job training, and continuing professional development for screening personnel. The Bill also introduces measures explicitly requiring screeners to have completed relevant training or accreditation before exercising certain powers. Currently, certain screening powers are automatically granted to screeners. This change will support industry by developing an environment where individuals can screen in some tasks when competent, while still completing training in more challenging functions.
Collectively, the amendments in this Bill will further strengthen security at Australia's airports and seaports. The Bill will assist in ensuring the safety of the thousands of Australians and international travellers who transit our ports of entry and departure daily.
I commend this bill to the Senate.
Today I introduce the National Vocational Education and Training Regulator Amendment Bill 2019.
The Australian vocational education and training (VET) sector delivers outstanding education and training through a variety of institutions, through public and private registered training organisations (RTOs), within universities, and schools. It is a dynamic and responsive sector that supports millions of students to obtain the skills and knowledge they need to succeed in an ever-changing economy. It provides flexible opportunities to engage in education and training as a starting point to a career pathway or as a solution to upskill or re-skill.
That is why last year this Government committed $18.1 million to support reform of the national VET regulator, the Australian Skills Quality Authority (ASQA), to improve its engagement with the sector, and increase its focus on training excellence over a minimum standards compliance regulatory approach. This Bill is the first tranche of changes to ASQA as we move the agency towards a more transparent and balanced regulator that builds quality and capacity in the VET sector.
ASQA has a wide range of legislated responsibilities important to the success of the Australian VET sector, including registering and monitoring some 4,000 RTOs, accrediting courses, undertaking compliance audits, collecting and distributing information about VET and taking appropriate regulatory actions. It is important that we have a trusted, respected and independent regulator that takes action to protect students and ensure confidence in the quality of training.
This Bill responds to recommendations from both the 2018 Braithwaite Review into ASQA's primary legislation and the 2019 Joyce Review into vocational education and training, to ensure the legislation is fit for purpose and supports ASQA and the sector in delivering quality VET services.
To this end, the Bill strengthens registration requirements for RTOs to ensure only those RTOs genuinely committed and adequately resourced are able to operate in the sector. As such, organisations applying to ASQA to become registered will be aware of the high expectations placed on them and the need to show they are prepared and committed to providing high quality training from the first day their doors open and throughout their registration. Further, the Bill introduces a new requirement on RTOs to notify ASQA when significant changes to their business are likely to occur. This will ensure ASQA has better and more timely information about a RTO's operations, assisting ASQA to mitigate risks to students and VET quality.
Improving the transparency of ASQA's regulatory actions will ensure the sector has confidence in the ability of the regulator to make appropriate, consistent and proportionate regulatory decisions. To achieve this, the Bill provides for the publication of audit reports, expands information entered on the publically available National Register as well as enabling ASQA to share information electronically with others responsible for administering laws relating to VET. ASQA will also be able to authorise the National Centre for Vocational Education Research (NCVER) to disclose information that would reasonably inform a person's choice to enrol in VET and that would encourage compliance or improvement in training quality. In addition, the Secretary of the Department responsible for VET will be able to release information on students' and employers' experiences of training provided by RTOs. This information will assist students in making informed enrolment decisions and provide employers with better information about training quality. Combined, these measures will ensure students are informed and protected through the availability of consistent and transparent information about RTO services and ASQA's regulatory assessments of training organisations.
To improve the efficiency and effectiveness of ASQA's operations the Bill makes amendments to enable ASQA to request documents in electronic form and expands its powers to use enforceable undertakings to take action against a RTO where it deems an undertaking is more effective, aligning it with similar powers of other regulatory regimes. In addition, ASQA will have powers to stay regulatory decisions if a RTO seeks internal review by ASQA, providing flexibility to support training delivery so students' studies are not interrupted during a review process.
To ensure the Minister responsible for VET is able to respond effectively to sector issues, the Bill clarifies the nature of directions the Minister may issue to ASQA to improve its regulatory processes. This will assist the Minister to support and direct ASQA without impinging on the statutory independence of the regulator.
Improvements to the efficiency of the NVETR Act will enable a simpler and faster acting appointment process for ASQA Commissioners. The Chief Commissioner is ASQA's Chief Executive Officer, so there is a high risk of complications if unexpected circumstances mean that there is a vacancy in that office. The Bill will enable the Minister to appoint a Commissioner to act as Deputy Chief Commissioner during a vacancy in the office or whilst the Deputy Chief Commissioner is absent from duty. As a result, the Deputy or acting Deputy Chief Commissioner will automatically act as the Chief Commissioner where there is a vacancy in the office of the Chief Commissioner. Further, the Minister may also appoint an acting Commissioner. These changes will improve appointment timeframes to ensure ASQA can continue to operate effectively and with a quorum.
The Bill also aligns ASQA reporting requirements with broader Commonwealth requirements. Currently information required in the annual operational plan is also required in the corporate plan pursuant to the Public Governance, Performance and Accountability Act 2013. The Bill will remove the duplication and allow the corporate plan to reflect the most current information for the plan to take effect from 1 July annually. The Bill also makes minor administrative changes to update definitions and streamline the operation of the Act.
A quality vocational education and training sector protects students, is responsive to industry, has a strong and balanced regulator and supports students to obtain the skills they need to succeed in a modern economy. This Bill is a critical element in the Government's reform to ASQA's regulatory approach and will improve confidence in the regulation of training across the sector. It will ensure ASQA has the legislative support to continue to be an effective and responsive regulator. Streamlining processes, increasing scrutiny of new entrants to the market and ensuring ongoing capacity to deliver quality training will benefit Australia's VET sector. Improvements to transparency of information and access will assist VET students to make informed decisions about their future and will provide better oversight for ASQA to monitor RTO activities. This Bill supports the continuous commitment of this Government to improve regulation and quality of the VET sector.
That the Senate—
(a) notes that the 2020 Australian of the Year Awards finalists were announced on 13 November 2019;
(b) notes that the Australian of the Year Awards has four categories, including Young Australian of the Year, which celebrates exceptional 16 to 30 year-olds who have succeeded from all different walks of life;
(c) recognises the 2020 WA Young Australian of the Year nominee, Mr Yarlalu Thomas, a Nyangumarta Pitjikarli man from Warralong, south-east of Port Hedland, Western Australia; and
(d) congratulates the other nominees from Western Australia:
(i) Ms Annie Fogarty, AM, of the Fogarty Foundation, Perth, nominated for 2020 WA Australian of the Year,
(ii) Professor John Newnham, AM, of the University of Western Australia, Perth, nominated for 2020 WA Senior Australian of the Year, and
(iii) Ms Suzy Urbaniak of the CoRE Learning Foundation, Victoria Park, nominated for 2020 WA Local Hero.
(1) That the Senate notes that—
(a) the number of registered Australian dairy farms has fallen from 5699 in July 2018 to 5200 at present;
(b) milk production has fallen from 12 billion litres in 2000 to 8 billion litres in 2019;
(c) dairy foods play an important part in Australia's food security and human health;
(d) none of the recommendations contained in the final report of the Australian Competition and Consumer Commission's Dairy Inquiry, dated April 2018, have been implemented;
(e) Australia is forecast to import more dairy products than it exports by 2023;
(f) four foreign-owned milk processors control an increasing proportion of milk production in Australia setting the price at the farm gate, and that during the period 2013 to 2017, these processors had revenues in Australia of over $160 billion but paid less than $160 million in income tax or a rate of less than 1%;
(g) the main dairy export countries, including New Zealand which is the largest dairy exporter in the world, have a regulated farm gate milk price;
(h) regulation of farm gate milk prices is correlated with growth in milk production and increasing exports, whereas Australia's export of dairy products has been in decline;
(i) on 11 November 2019, the Federal Government voted against the Protecting Australian Dairy Bill 2019; and
(j) on 2 December 2019, the Federal Government voted against debating the Saving Australian Dairy Bill 2019.
(2) That the Senate requires the Minister for Agriculture to attend the Senate on Thursday, 5 December 2019, at 3:30pm, to provide an explanation of no more than 10 minutes of the Government's plan to save the dairy industry from long-term decline.
(3) At the conclusion of the explanation, any senator may move to take note of the explanation.
(4) Any motion under paragraph (3) may be debated for no longer than 60 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes.
That there be laid on the table by the Minister representing the Minister for Industrial Relations, by no later than 12.45 pm on 5 December 2019, the government's response to the report of the Education and Employment References Committee, The people behind 000: mental health of our first responders , tabled on 14 February 2019.
That the Senate—
(a) notes that:
(i) the Australian Public Service (APS) performs an essential role, from protecting our national security to supporting the most vulnerable members of our community,
(ii) the APS is an enduring institution in our democratic system that exists to serve the government of the day but remains impartial in its delivery of frank and fearless advice, and
(iii) for the APS to continue to meet the needs of the Australian community and adapt to a changing environment, it will need strong leadership, cultural change and long-term vision from governments of both political persuasions;
(b) notes that the Independent Review of the APS, the 'Thodey Review', touted as a 'once in a generation review', is yet to be released despite being received by the Federal Government two months ago; and
(c) calls on the Federal Government to release the 'Thodey Review' to the public before the end of 2019.
That there be laid on the table by the Assistant Minister for Superannuation, Financial Services and Financial Technology, by 9.30 am on 5 December 2019, the draft response to the recommendations of the Royal Commission into Financial Services that relate to the Banking Code of Practice enforceable provisions and penalties for non-compliance.
That there be laid on the table by the Minister for Defence, by 10 am on 4 February 2020, blood and/or genetic testing on humans and livestock, that:
(a) was taken within the contamination zones, including private land, related to RAAF Base Richmond, RAAF Base Williamtown and Williamtown Airport;
(b) shows the level of per- and poly-fluoroalkyl substances (PFAS);
(c) is the actual testing result for each test taken or a facsimile thereof;
(d) are all the tests taken within the last 24 months.; and
(e) has any personal information redacted.
That paragraph (5) of the resolution of the Senate of 4 July 2019, appointing the Select Committee on the effectiveness of the Australian Government's Northern Australia agenda, be amended to provide: That 3 members of the committee constitute a quorum of the committee, provided that the quorum shall include one Government member and one Opposition member.
That the time for the presentation of the report of the Legal and Constitutional Affairs Legislation Committee on the provisions of the Native Title Legislation Amendment Bill 2019 be extended from 28 February 2020 to 16 April 2020.
1. That the Senate notes that:
a. in briefings prepared for the Assistant Treasurer, the Australian Bureau of Statistics indicated that the October 2019 field test for the 2021 Census would include questions on sexual orientation and gender identity;
b. the Australian Statistician has given evidence to the Economics Legislation Committee that the Assistant Treasurer, or his office, expressed a preference about the use of forms without questions on sexual orientation or gender identity in the field trial; and
c. the October 2019 field trial proceeded without questions on sexual orientation or gender identity.
2. That there be laid on the table by the Minister representing the Assistant Treasurer, by no later than 2 pm on 5 December 2019, all communications to the Australian Bureau of Statistics from the Assistant Treasurer, or his office, in relation to these questions, including any reasons for not proceeding with these questions in the field trial.
That the Senate—
a. notes that:
i. two gay Saudi journalists are currently being detained by the Australian Government after fleeing their home country where homosexuality is punishable by death,
ii. it is reported that the two men were outed by their own government after contact with foreign media, and feared death and torture, and
iii. the men have drawn similarities between their treatment in Saudi and their treatment in Australian detention – they have allegedly been threatened with violence from other detainees in the centre and been intimidated by guards; and
b. calls on the Australian Government to:
i. acknowledge the increased risk these men face being held in detention due to their sexuality, and
ii. expedite the assessment process for these two journalists and ensure their safety while their claims for asylum are assessed.
That the Senate—
(a) notes that:
(i) the overall national toll for women killed by violence since the start of 2019 now stands at 51, 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 and 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) there were 10.9 million medical ultrasound examinations funded by Medicare last year,
(ii) the outcome of an ultrasound is reliant on the competence and expertise of the sonographer,
(iii) sonographers are the only medical imaging profession not regulated in Australia, and
(iv) calls to have sonographers regulated under national law are supported by the Australasian Sonographers Association; and
(b) calls on the Federal Government to sponsor a submission from the Australian Sonographers Association to the COAG Health Council for consideration of the proposal for sonographers to be regulated by adding the profession to the list of imaging professions already regulated by the Medical Radiation Practice Board of Australia.
That the Senate—
a. notes that:
i. the Department of Home Affairs employs nearly 2000 dedicated and hardworking Australians to process visa applications across the country and the world,
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. the Federal Government’s plan to privatise Australia's visa system threatens the livelihoods of thousands of Australians 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 the 2000 visa processing jobs which will be lost under the Morrison Government if they persist with their efforts to privatise Australia's visa system.
Telecommunications Amendment (Repairing Assistance and Access) Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Telecommunications Act 1997, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
On 6 December 2018, the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 passed the Federal Parliament.
This legislation – often referred to as the "encryption laws" in the media – empowered law enforcement and national security agencies to request, or compel, assistance from telecommunications providers in the course of their investigations.
Let me say from the outset that Labor always seeks to work in a bipartisan fashion, wherever possible, when it comes to ensuring Australia's national security.
This is why, in relation to the Assistance and Access Bill, Labor members of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) worked diligently with their Liberal colleagues to complete as thorough a review as possible, and to make 17 substantial bipartisan recommendations to the legislation.
The PJCIS delivered this review and these recommendations, even though the Government curtailed the time available to the Committee and forced the legislation before the Parliament.
The Government insisted that these encryption laws were urgent and necessary to prevent terrorist attacks over the summer period and moved to pass them through the Parliament in the last sitting hours of December 2018.
In the interest of national security, Labor agreed to pass the Assistance and Access Bill on the last sitting day of 2018, but only with the commitment from the Government that it would move the amendments that reflected the bipartisan PJCIS recommendations when Parliament resumed in 2019.
This commitment was made by the Leader of the Government, Minister Cormann, as he spoke on the floor the Senate:
"I also confirm that the Government has agreed to facilitate consideration of these amendments in the New Year in Government business time. Finally, I also confirm that the Government supports, in principle, all amendments that are consistent with the Parliamentary Joint Committee on Intelligence and Security (PJCIS) recommendations in relation to this bill. This will facilitate this bill becoming law without amendment, and I do support it on that basis."
We took the Government and the Minister at his word.
However, Minister Cormann and the Government did not keep that commitment when the Parliament resumed in February. Now in the final sitting week of 2019, it is quite clear the Government will not be moving the bipartisan PJCIS amendments it previously promised to support.
Labor maintained then, and maintains now, that the without these amendments, the encryption laws are flawed for a number of reasons.
In particular, the legislation hurts the Australian tech industry, as customers are less likely to seek out contracts with Australian companies due to the potential that they would be forced to introduce systemic weaknesses into their systems.
Our tech sector holds great potential for economic growth and job creation. The encryption laws are holding the tech sector back from achieving that potential.
Furthermore, the legislation as it currently stands may prevent Australia from reaching a bilateral CLOUD Act (Clarifying Lawful Overseas Use of Data) agreement with the United States.
Australia entered into formal discussions with the United States a few months ago to reach such an agreement, which would give Australian law enforcement and national security agencies timely access to information that is crucial to their investigations. Under current arrangements, it can take up to two years for Australian agencies to access such data.
For an agreement under the CLOUD Act to be approved, the US must determine that a partner country's laws appropriately protect privacy and civil liberties. The partner country's laws also should not introduce requirements for decryption of user data.
However, Congressman Jerrold Nadler, chairman of the US House of Representatives judiciary committee, wrote to the Minister for Home Affairs, the Hon. Peter Dutton MP, in October to express concerns about the Assistance and Access Act. He said Australia's encryption laws as they currently stand "may undermine your ability to qualify for an executive agreement under the CLOUD Act".
It is under these circumstances that we introduce this legislation to the Parliament.
The Telecommunications Amendment (Repairing Assistance and Access) Bill 2019 would amend the Telecommunications Act 1997 to conform with the bipartisan recommendations that emerged from an inquiry by the PJCIS, and introduce a judicial authorisation requirement to address concerns about the Act's compatibility with commitments required under the United States Government's CLOUD Act.
Specifically, the provisions of the Bill would do the following:
It is important to note that the majority of the amendments proposed in this Bill were agreed to by Government members of the Parliamentary Joint Committee on Intelligence and Security, and that Minister Cormann indicated to the Senate on 6 December 2018 that the Government would support them during the 2019 sitting year.
The amendments beyond the recommendations relate mainly to creating a judicial authorisation in the legislation. This serves two purposes – firstly, it would allow for greater oversight of the issuing of notices, and secondly, it would alleviate concerns raised by members of the United States Congress in relation to negotiations around a bipartisan CLOUD Act agreement.
The Parliament must always seek to strike the right balance on national security legislation. This means sensible and well-constructed laws that protect our community, without unnecessarily infringing on the private rights of citizens or stifling free debate and enterprise.
With the current laws, we do not have the balance right.
As it stands, the Act does not provide the correct tools for our law enforcement and national security agencies to help them protect our community, it threatens Australia's tech industry and Australian jobs, and it undermines our relationships with key international strategic partners.
We do not suggest that these amendments will address all of the problems with the encryption laws that have been identified by industry, law enforcement agencies and other stakeholders.
Labor will continue to work closely with our intelligence and law enforcement agencies, industry and technology experts throughout the course of the current inquiry into the Assistance and Access laws being undertaken by the PJCIS.
However, the amendments proposed in this Bill are an important step towards repairing Australia's encryption laws for the sake our national security and the growth of a key sector in our domestic economy and the jobs it could create.
As such, I commend this Bill to the Chamber, and call on my colleagues in the Government and the crossbench to join with Labor and support these sensible amendments.
That the Senate—
(a) notes that:
(i) on 16 November 2019, applications opened for two new skilled regional visas – the Skilled Work Regional (Provisional) visa (subclass 491) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494),
(ii) the New Skilled Regional Visa (Consequential Amendments) Bill 2019 (the Bill) is an important piece of legislation which would ensure that 'holders of these provisional skilled regional visas will have the same access to welfare payments and government services as permanent visa holders where eligible',
(iii) the Bill was introduced by the Federal Government into the House of Representatives on 31 July 2019,
(iv) the Bill passed the House of Representatives on 14 October 2019, and was introduced in the Senate on 17 October 2019, and
(v) to date, the Bill has remained without debate in the Senate for nearly two months;
(b) condemns the Federal Government for:
(i) failing both new Australians and our rural and regional communities through their mismanagement of their limited legislative agenda, and
(ii) prioritising the privatisation of Australia's visa processing system over appropriately supporting current visa holders and the communities that they now call home; and
(c) calls on the Federal Government to properly consider and debate the New Skilled Regional Visas (Consequential Amendments) Bill 2019, as a matter of urgency.
That the Senate—
(a) notes that the 35th edition of the Australian Gambling Statistics, published by the Queensland Government Statistician's Office and released this week, show:
(i) $24.88 billion was lost by Australians in the year 2017-18,
(ii) over half of the total gambling losses came from pokies – with $12.52 billion lost, and
(iii) losses from the sports betting industry grew by 16.3% to $1.2 billion;
(b) further notes the response from Alliance for Gambling Reform chief advocate, Reverend Tim Costello, that there are direct connections in some instances between gambling harm and family violence and mental ill-health; and
(c) calls on the Federal Government to address gambling harm as a public health issue.
That the following matter be referred to the Economics References Committee for inquiry and report by 7 September 2020:
The review of foreign investment proposals against the national interest test, with particular reference to:
(a) the protection of Australia's market-based system from manipulation that would benefit proposed foreign investment;
(b) the assessment of the impact of proposed foreign investment on market concentration and competition;
(c) the imposition of conditions on foreign investors;
(d) the extent to which the risk that foreign investment proposals are being used for money laundering is examined;
(e) the role of the Foreign Investment Review Board; and
(f) any other related matters.
The Senate divided. [16:09]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) people living on Newstart and Youth Allowance find the festive season a particularly difficult time and they do not enjoy the same Christmas spirit as other Australians,
(ii) the low rates of payments means they are unable to afford gifts and the additional costs associated with the festive season, resulting in exclusion from participating in seasonal activities and events,
(iii) the social isolation and exclusion people feel when they cannot participate in their community or partake in family activities is devastating for their emotional and social well-being and sense of being part of the community, and
(iv) this situation is particularly hard for children; and
(b) calls on the Federal Government to immediately increase Newstart and Youth Allowance so that people in our community are not isolated and excluded.
That the Senate—
(a) notes that the Urannah Water Scheme will:
(i) increase water security for the Mackay, Isaac and Whitsunday regions,
(ii) provide a storage capacity of over 1.5 million megalitres,
(iii) generate electricity with a hydro-power plant, and
(iv) create new jobs in regional Queensland; and
(b) commends:
(i) Bowen Collinsville Enterprise, including its Chairman, Mr Paul McLaughlin and former Chairman, Mr David Evans, for their long and continued advocacy of the Urannah Water Scheme, and
(ii) the Federal Government for providing a $10 million grant to fund a detailed business case and Environmental Impact Statement of the Urannah Water Scheme.
The Senate divided. [16:16]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Intergovernmental Panel on Climate Change, which advised the United Nations Framework Convention on Climate Change, stated in their 4th Assessment: 'A sustainable forest management strategy aimed at maintaining or increasing forest carbon stocks, while producing an annual sustained yield of timber, fibre or energy from the forest, will generate the largest sustained mitigation benefit',
(ii) all Australia's native forests, including the Victorian native forest estate, are certified to the global standard of Programme for the Endorsement of Forest Certification, which is the world's largest certification scheme for forestry and is only available to countries that practise sustainable forest management,
(iii) on 7 November 2019, the Victorian Labor Government announced it will cease all native forest harvesting in state forests by 2030, stepping down production from 2024,
(iv) the annual economic impact on the native forestry value chain and regional communities is expected to be more than $297.3 million,
(v) more than 4700 workers, their families and communities will be negatively impacted as a result of the Victorian Labor Government's decision,
(vi) regional towns and communities across Victoria, including Orbost, Benalla, Heyfield, Noojee, Violet Town, Powelltown and Corryong, are likely to be negatively affected by this decision, and
(vii) this decision creates a disturbing precedent undermining confidence in communities relying on native forestry across Australia; and
(b) calls on all parties to:
(i) recognise the significant contribution the Victorian native hardwood forestry industry contributes to the economy and to rural and regional communities,
(ii) condemn the Victorian Labor Government for seeking to destroy the Victorian native timber industry and forestry workers right to earn a living, and
(iii) call on the Victorian Labor Government to listen to the regional communities directly affected, and reverse this decision.
The Senate divided. [16:22]
(The President—Senator Ryan)
That the Senate—
(a) notes that the Federal Government has announced a review of Australia's foreign aid program;
(b) notes with concern that:
(i) Australia's foreign aid budget has been cut by 27% since its peak in 2012-13, and is well below the average for countries in the Organisation for Economic Co-operation and Development (OECD),
(ii) the Liberal Government cut $117 million from the aid budget in 2019-20 – if current trends continue, Australia’s foreign aid program will be in the bottom third of all OECD countries by 2020-21,
(iii) Australia's current aid commitment stands at an abysmal 0.21% of Gross National Income (GNI), well below Australia's United Nations obligation of 0.7% of GNI,
(iv) aid programs in south and east Asia have been cut drastically, and
(v) the Liberals' budget cuts and political repurposing of aid to serve Australia's self-interest have decimated our foreign aid program;
(c) calls on the Federal Government to ensure the review is conducted independently and the findings are shared publicly; and
(d) calls on the Federal Government to:
(i) increase our foreign aid budget, and
(ii) use the review as an opportunity to reset their approach to foreign aid and put poverty reduction, climate resilience and social justice at the heart of our foreign aid program.
The Senate divided. [16:27]
(The President—Senator Ryan)
That the Senate—
(a) acknowledges that the Australian Medical Association, the Royal Australasian College of Physicians, the Australian College of Emergency Medicine and the Australian College of Rural and Remote Medicine, representing more than 50,000 Australian doctors, have all declared climate change a public health emergency;
(b) recognises that these highly-respected health and medical organisations have stated that climate change now poses an unprecedented and deadly threat to human lives, and have urgently called on all governments to address the climate emergency by:
(i) expediting the transition from fossil fuels to zero emission renewable energy across all economic sectors, with support to affected communities,
(ii) developing and implementing a national climate change and health strategy based on the framework developed by the health sector, and
(iii) advancing comprehensive heat hazard reduction strategies to minimise heat exposure and sensitivity across Australia, paying particular attention to the needs of vulnerable populations;
(c) further acknowledges that, through the Climate and Health Alliance, more than 50 health, social welfare and conservation groups have joined together in an open letter to the Parliament, to highlight the unprecedented and profound threat of climate change on the health of people and the health system; and
(d) calls on the Federal Government to listen to the experts, and act now to follow the 965 jurisdictions in 18 countries that have already declared a climate emergency, and take the urgent actions required to protect human and environmental health.
The Senate divided. [16:34]
(The President—Senator Ryan)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
In light of the comments by The Governor of the Reserve Bank that, under certain circumstances, all options for unconventional monetary policy should be on the table, the need for the Senate to reassure everyday Australians that this will not include negative interest rates or bank bail-ins.
We live in an interconnected world … we can't ignore structural shifts in global interest rates.
… … …
However, negative interest rates are extraordinarily unlikely in Australia.
We are not in the same situation that has been faced in Europe and Japan.
… … …
Our growth prospects are stronger, our banking system is in much better shape, our demographic profile is better and we have not had a period of deflation—
… we estimate that they—
will boost household disposable income by roughly 0.6 or 0.7 per cent of income, and that is a sizable boost.
Low and stable inflation is a precondition to the attainment of full employment …
The RBA is seeking to achieve the lowest rate of unemployment that can be sustained without inflation becoming an issue.
… the economic prosperity and welfare of the people of Australia.
That the Senate take note of the document.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
Australian Institute of Health and Welfare Amendment (Assisted Reproductive Treatment Statistics) Bill 2019
That the Senate take note of the report.
Talk of "just transitions" away from existing out-of-favour industries is interpreted by many as code for "we no longer need regional Australia" and its productive primary industries including resources and agriculture.
From a business point of view, our assessment is the next 15 years won't see any significant change. There's a slight uptick if places like Vietnam et cetera keep coming online as strongly as they are. For certainly the next 15 year we expect to see volumes sitting around 160 million and a little bit above.
I think you would get a very, very dull reception for the establishment of another authority to lead a transition, when we don't really know where the transition is.
That the Senate take note of the document.
How somebody feels like they have the right to hatred and he neither knows me, nor my religion.
… … …
We cannot allow behaviour like this to become the norm and sit silent.
No one could give me a reason why the ABN had been cancelled. No one could tell me what part of the legislation or what part of the guidelines or what part of the regulations I did not comply with.
A Proserpine commercial fisherman has warned his grandson against following in his family's footsteps because of Queensland's new fishing regulations—
Keith Brennan joined dozens of angry fishers at a meeting in Mackay on Tuesday, attended by Queensland LNP Shadow Fisheries Minister Tony Perrett and the LNP's Whitsunday candidate, Amanda Camm. Mr Brennan said the—
State Government's fishing quotas could force him out of the industry.
"From the 14 years I've been in the industry, it went from a pleasure to a nightmare. I've been impacted that much that I could probably very well say tomorrow that I'm finished.
Mr Brennan's son has also managed to make a livelihood as a commercial fisherman, but he believes that won't be the case for his 18-year-old grandson.
We've advised him not to get into the fishing industry because what we can see now is it's definitely an industry that is going to crash.