The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019
The Australian Government is continuing to address housing affordability and homelessness concerns by today agreeing to waive Tasmania's housing-related debt to the Commonwealth.
"The Morrison and Hodgman Governments have worked hand in hand to support the growth ambitions of Tasmania. Waiving this loan will support the Tasmanian Government's efforts to reduce homelessness …
… increase access to social housing and improve housing supply across the state …
Over the period 1 July 2014 to 30 June 2019, there have been 723 decisions by the Finance portfolio ministers or delegate to waive debts, with a total value of $159.5 million.
For the 2019-20 financial year to date there have been 26 debt waiver decisions by the Finance portfolio ministers or delegate, with a total value of $158.6 million.
… the Tasmanian government demonstrated unique challenges relating to housing affordability. It committed to state-wide planning and zoning reform to support housing supply targets consistent with economic and population growth projections.
If the Morrison Government forgave that historic debt to Queenslanders, the Palaszczuk Government could deliver another 957 new homes for vulnerable Queenslanders, creating 919 housing construction jobs in the process.
We welcome the Prime Minister's willingness to potentially deliver more social housing in Tasmania, but it's galling that once again it's part of a last minute back room deal.
Migration Amendment (Regulation of Migration Agents) Bill 2019
Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019
The committee is confident that the legal profession in Australia is well-regulated and offers effective consumer protection mechanisms, including for vulnerable consumers, such as those who seek migration assistance.
The Senate divided. [12:26]
(The Deputy President—Senator Lines)
(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".
(2) Page 3 (after line 11), after clause 3, insert:
4 Independent review of operation of Schedule 1
(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by Schedule 1 to this Act.
(2) Without limiting the matters to be covered by the review, the review must consider the performance of:
(a) immigration lawyers; and
(b) legal profession complaints handling systems and disciplinary procedures with respect to the activities of immigration lawyers.
(3) The review must:
(a) start as soon as practicable after the end of 3 years after Schedule 1 commences; and
(b) be completed within 6 months.
(4) The persons who conduct the review must give the Minister a written report of the review.
(5) The Minister must cause a copy 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.
(6) In this section:
immigration lawyer means an Australian legal practitioner who provides immigration assistance, as defined in section 276 of the Migration Act 1958.
An independent review of the performance of these immigration lawyers and the legal professional complaints handling and disciplinary procedures, with respect to their activities, should be conducted three years after an exemption becomes effective.
The committee is confident that the legal profession in Australia is well-regulated and offers effective consumer protection mechanisms …
Lawyers have been allowed to continue practicing by their law societies without conditions attached to their practice, even after being barred by the OMARA for gross misconduct and breaches of fiduciary duties.
The removal of lawyers from the regulatory system will result in disastrous, unintended consequences for this sector—
It is crucially important that it be protected for both consumers and the large numbers of altruistic lawyers working in this sector. If removed from the OMARA regulatory system these lawyers:
The committee divided. [12:44]
(The Chair—Senator Lines)
That these bills be now read a third time.
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019
If the perverse outcome of mandatory sentencing is that fewer victims are willing to come forward because the process is going to be made even more onerous for them and more traumatic, then you actually get a reverse outcome to the one you were intending.
This Bill better protects the community from the dangers of child sexual abuse by addressing inadequacies in the criminal justice system that result in outcomes that insufficiently punish, deter or rehabilitate offenders. The Bill targets all stages of the criminal justice process, from bail and sentencing through to post-imprisonment options.
Whilst we are strongly supportive of reform to strengthen punishments against those who sexually abuse children, we do not feel that there is sufficient evidence to suggest that mandatory minimum sentencing is an effective response.
… in line with increasing societal understanding of the seriousness of [sexual crimes against children] and the enduring impact of such offences on survivors.
Today I want to lift the lid on society's dark secret. I want to shine a light on the ever-increasing online exploitation of our children, by those that seek to do them harm. Deviant and perverted offenders, with global reach, who are using the dark web to evade law enforcement detection and commit heinous crimes against our most vulnerable.
… … …
Over a decade ago, the AFP received about 300 referrals for online child exploitation material a year. Last year the AFP had just under 17,000.
People probably don't realise that it's child abuse, it's rape, it's torture. It's horrific. It's not naked young girls or naked young boys. These are people who are being sexually assaulted—sometimes in real time. Those videos are shared. It's absolutely abhorrent. My view is that these individuals are hardwired this way. I personally have not seen any study that says you can be rehabilitated. That means they will continue to offend.
"Sometimes what it can lead to is less convictions rather than more," Mr Albanese told 5AA Radio on Wednesday.
"Because judges or juries will make the view that because it's mandatory sentencing, all of the circumstances can't be factored in."
The problems created by removing judicial discretion in sentencing are well attested. As the Law Council of Australia stated in its Discussion Paper on Mandatory Sentencing (May 2014) there is very little evidence that mandatory sentencing increases public safety. On the contrary, the evidence is that it may have the opposite effect. Mandatory sentencing increases the incentive for defendants to fight charges and may increase the risk of recidivism.
I want you to know, law enforcement fights for those who can't, we speak for those who can't. And our basic mission is to prevent crime and disorder—but I want to not only prevent, but defeat and eradicate this crime.
… to:
… … …
… … …
Current sentencing for these and other appalling crimes against children is currently completely inadequate in each state often resulting in suspended sentences or sentences delivered of only a few months. The Australian community expects our legal system to deliver justice for such inexcusable and horrendous crimes against children and those victims of crime deserve this justice given the life long suffering endured if the victim survives the offence committed against them.
That the Senate—
calls on the federal government to take the necessary steps to ensure the construction of a Bradfield type scheme can begin in Queensland as swiftly as possible.
… there is no reason for the Australian government to oppose this motion.
That the Senate take note of the answers given by the Minister representing the Prime Minister (Senator Cormann) to questions without notice asked today by Senators Gallacher and Green.
I do not believe that the real life of this nation is to be found either in great luxury hotels and the petty gossip of so-called fashionable suburbs, or in the officialdom of the organised masses. It is to be found in the homes of people who are nameless and unadvertised, and who, whatever their individual religious conviction or dogma, see in their children their greatest contribution to the immortality of their race. The home is the foundation of sanity and sobriety; it is the indispensable condition of continuity; its health determines the health of society as a whole.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator Waters today relating to Mr Karm Gilespie, an Australian citizen imprisoned in China.
That leave of absence be granted to Senator Griff for the period 15 June 2020 to 18 June 2020, for personal reasons.
That leave of absence be granted Senator Rice for 12 June 2020, for personal reasons.
That the Senate—
(a) notes the following West Australians who received Queen's Birthday Honours on 8 June 2020, for exceptional service to our community:
(i) in the General Division:
(A) Officer of the Order of Australia (AO): Mr Colin Beckett, Ms Denise Goldsworthy, Mr Ronald Manners, and Professor Bryant Stokes RFD;
(B) Member of the Order of Australia (AM): Mr David Airey, Dr John Byrne, Mr Michael Dillon, Professor Neil Drew, Mr Kevin Edwards, Ms Margaret Halsmith, Mr Ian Kaye-Eddie ASM, Professor Cheryl Kickett-Tucker, Ms Marie Joan Kormendy, Ms Kate Lamont, Mr Ross Ledger, Professor Rhonda Marriott, Mr Abe Schneider, Mr Ross Shardlow, Ms Donna Shepherd, Dr Bryan Smith, Reverend Dr Elizabeth Smith, Dr Alastair Tulloch, and Mr Mike Wood;
(C) Medal of the Order of Australia (OAM): Dr Edmond Adler, Ms Fay Alford, Mrs Jillian Barton, Mrs Kristine Carter, Mr Neville Clark, Mr John Coles, Ms Robyn Devenish, Mrs Robin Dunham, Dr Barry Fatovich, Ms Tammy Flett, Mrs Gloria Grocott, Mr Michael Gusterson, Mr Christopher Hammond, Mr Noel Hoffman, Mrs June Hutchison, Mrs Helen James, Mr Donald McClements, Ms Janice McGlinn, Ms Helen McIntyre, Mr Ian Miffling, Mr James Mumme, Mr Noel Nancarrow, Mrs Phyllis Proud, Colonel Michael Romalis (Retd), Mr Malcolm Seymour, and Mr Muuki Taylor;
(ii) Meritorious Awards:
(A) Public Service Medal (PSM): Mr Michael Barnes, Ms Heather Brayford and Mr John Fischer
(B) Australian Police Medal (APM): Detective Sergeant Alan Millar, Sergeant Siobhan O'Loughlin, Inspector Shane Sadler, and Superintendent Valdo Sorgiovanni;
(C) Australian Fire Service Medal (AFSM): Mr James Armanasco, Mr Warren Day, and Mr Peter Sutton;
(D) Emergency Services Medal (ESM): Mr Danny Goodlad and Mr David Price;
(iii) in the Military Division:
(A) Member of the Order of Australia (AM): Colonel Steven Gaunt
(iv) Distinguished and Conspicuous Awards:
(A) Conspicuous Service Cross (CSC): Commander Barry Carmichael RAN and Captain Paul Johnson RAN;
(B) Conspicuous Service Medal (CSM): Lieutenant Commander Siobhan Sturdy RAN; and
(b) recognises the distinguished service that all West Australian Queen's Birthday Honours recipients have made to the Australian community.
That the Senate—
(a) congratulates the Australian Bureau of Statistics (ABS) on its decision to include Auslan as a language option in the 2021 Australian census; and
(b) acknowledges:
(i) the advocacy of Deaf Australia and other deaf and hard-of-hearing organisations that has led to this decision by the ABS, and
(ii) that recognition of Auslan and access to Auslan interpreters and interpretation is vital if deaf and hard-of-hearing Australians are to live full and included lives in our community, and an important part of that inclusion is recognition in the Australian census.
That the Senate—
(a) notes that Monday 15 June is International Day of Justice for Cleaners;
(b) acknowledges and sincerely thanks:
(i) cleaners all over the world, for their vitally important work at the frontline of the COVID-19 pandemic,
(ii) Australian cleaners, who have contributed to significantly flattening the curve of COVID-19 cases across the country whilst putting their own health at risk,
(iii) hospital cleaners, who have been particularly important during the COVID-19 pandemic where they have risked their lives on a daily basis ensuring that our hospitals remain free from COVID-19 outbreaks, and
(iv) cleaners at Parliament House, for keeping us safe; and
(c) recognises the hard work and steadfast advocacy of the United Workers Union and Health Services Union in representing cleaners across Australia.
That there be laid on the table by the Minister for Families and Social Services, by 2.00pm on 18 June 2020, all documents relating to:
(i) negotiations between the Australian Government and the lessor of the Abbotsford (Yarra) Service Centre, including ongoing lease negotiations;
(ii) consideration of other locations for the Yarra Service Centre; and
(iii) any planned Service Centre closures across Australia.
That the Senate—
(a) pays tribute to Australia's world-class healthcare professionals for their incredible, life-saving work during the unprecedented COVID-19 pandemic;
(b) recognises that healthcare workers have placed themselves at personal peril while at work in order to save the lives of others during the pandemic, including in the face of shortages of personal protective equipment (PPE);
(c) further recognises the role of our exceptional public health experts who have led Australia's response to the pandemic;
(d) notes with gratitude the professionalism and dedication of our doctors, nurses, allied health professionals and all those working in our public health system, during the pandemic and throughout their careers;
(e) acknowledges the significant mental health burden on health professionals during this challenging time; and
(f) calls on the Federal Government to:
(i) support and appropriately fund Australia's world-class public health system and all those delivering essential health care within it, and
(ii) ensure that no healthcare worker is put at greater risk through lack of access to PPE or other essential equipment.
That the Senate—
(a) notes that:
(i) the Brisbane Sikh Temple (Gurdwara) Inc ("Brisbane Sikh Gurdwara") has provided approximately 20,000 free cooked meals and 2,000 free grocery hampers to people in need during the coronavirus pandemic,
(ii) assistance has been provided by the Brisbane Sikh Gurdwara to Australians and visitors to Australia irrespective of race, religion or nationality,
(iii) in providing the assistance, members of the Brisbane Sikh Gurdwara have volunteered their time continually over the last three months, including by cooking food, organising groceries, packing hampers, delivering hampers and doing all the other activities needed to undertake such a large project,
(iv) prior to the coronavirus pandemic, the Brisbane Sikh Gurdwara has previously helped members of the Australian community during their time of need, including (most recently) through the delivery of water and other essential supplies to those impacted by drought and bush fires,
(v) the actions of the members of the Brisbane Sikh Gurdwara represent the best of Australian values—reaching out to help people in need, and
(vi) Senator Paul Scarr told INDOZ TV that "It doesn't matter what the background is of the needy people, they're there to support them, and that is all that is good about Australia—is summarised in what the Brisbane Sikh Temple is doing here…";
(b) acknowledges and deeply appreciates the outstanding contribution of all those members of the Brisbane Sikh Gurdwara who stepped up to help people who have been left behind by the Morrison Government during this pandemic—particularly the international students and temporary migrants who have lost their jobs, cannot return home, and are unable to support themselves;
(c) thanks Senator Scarr for bringing this matter to the attention of the Senate; and
(d) expresses its sorrow that so many people in Australia—including those people supported by the Brisbane Sikh Gurdwara and many other faith and community organisations—have been left behind by the Morrison Government's response to the corona virus pandemic.
That the Senate—
(a) notes that:
(i) streaming 'video on demand' services have no Australian content obligations requiring them to produce or show Australian-made TV shows, documentaries or films, despite having an increasing market share,
(ii) research shows two thirds of Australians support laws requiring streaming services to show and fund locally made shows and films, and
(iii) Australian stories are vital for our culture and social fabric and the sustainability of our arts and entertainment industry; and
(b) calls on the Federal Government to require tech giants like Netflix, Amazon Prime, Apple TV and Stan to back and fund Australian-made stories.
That—
(1) The Senate notes that:
(a) in July 2019, the Defence Honours and Awards Appeals Tribunal recommended to the Minister for Defence Personnel that the Minister recommend to the Sovereign that Ordinary Seaman Edward 'Teddy' Sheean be posthumously awarded the Victoria Cross of Australia for the most conspicuous gallantry and a pre-eminent act of valour in the presence of the enemy during a Japanese aerial attack on the HMAS Armidale in the Timor Sea on 1 December 1942;
(b) it is understood that the Minister for Defence Personnel subsequently communicated to the Minister for Defence that he was supportive of the Tribunal's recommendation for the award to be granted; and
(c) the independent, unanimous and expert recommendation was overruled.
(2) There be laid on the table by the Minister representing the Minister for Veterans' Affairs, by 2.00pm on 24 June 2020, all documented correspondence between the Minister for Veterans' Affairs and the Minister for Defence relating to the Defence Honours and Awards Appeals Tribunal's consideration of the matter of posthumous awarding of a Victoria Cross of Australia for Edward Sheean, created between 22 July 2019 and 11 June 2020.
That the Senate—
(a) notes that on Thursday June 11th the Prime Minister said in a radio interview that "there was no slavery in Australia",
(b) acknowledges that:
(i) First Nations peoples worked on farms and pastoral stations for rations instead of wages; they were traded amongst settlers, with children being taken from their families and moved across the country to work,
(ii) First Nations peoples' wages were stolen,
(iii) First Nations peoples had restrictions placed on them such as restrictions on movement and choice — for example people had to apply for permission to travel and what they could purchase and where they could live,
(iv) First Nations peoples were subject to forced labour,
(v) at least 60,000 South Sea islanders were taken to Australia from 1857 to 1908, where they worked largely in cotton, sugar and pastoral industries in a process named 'blackbirding', and
(vi) there are many other examples of such abuse; and
(c) calls on the Prime Minister to withdraw these comments, apologise and engage in a genuine process of truth-telling about Australia's history.
In Australia, we know we have had problems in our past. We have acknowledged those and, indeed, in our Federal Parliament we have acknowledged those. I've always said we need to look at our history. The comments I was referring to was to how the New South Wales settlement was first established and the views that were communicated at the time, informing the New South Wales colony, and if you go back to people like William Wilberforce and others, they were very involved in that first fleet expedition and one of the principles was to be that Australia or in that case, New South Wales, was not to have lawful slavery. And that was indeed the case. There was not the laws that have ever approved of slavery in this country.
So I don't intend to get into the history wars, my comments were not intended to give offence and if they did I deeply regret that and apologise for that. This is not about getting into the history wars. I was simply trying to make the point that Australia, yes, we have had issues in our history. We have acknowledged them. I have acknowledged them. And we need to address them and, particularly those who I work closely with in this area, would know that, personally, I have been heavily invested in these issues.
(1) That the Senate notes that:
(a) the Standing Committee for the Scrutiny of Bills plays an essential role in the Senate's legislative function by drawing the attention of the Senate to bills that:
(i) trespass unduly on personal rights and liberties;
(ii) make rights, liberties or obligations unduly dependent upon insufficiently defined administrative powers;
(iii) make rights, liberties or obligations unduly dependent upon non-reviewable decisions;
(iv) inappropriately delegate legislative powers; or
(v) insufficiently subject the exercise of legislative power to parliamentary scrutiny;
(b) this role is undermined when a bill is passed before the committee has had an opportunity to table its initial report on the bill; and
(c) except in circumstances where a bill needs to be considered and passed urgently, the Standing Committee for the Scrutiny of Bills should have an opportunity to report on a bill before it is passed by the Senate.
(2) The following operate as a temporary order from the first sitting day in August 2020 to the last sitting day of June 2021:
(a) When a motion for the second reading of a bill is moved by a minister –if the Standing Committee for the Scrutiny of Bills has not yet presented its initial report on the bill, debate on the motion be adjourned at the conclusion of the speech of the minister moving the motion and resumption of the debate be made an order of the day for the Wednesday of the first sitting week following the introduction of the bill in either House.
The Senate divided. [15:58]
(The Deputy President—Senator Lines)
That—
(1) There be laid on the table by Wednesday, 17 June 2020, by the Minister representing the Minister for Infrastructure, Regional Development and Cities:
(a) any evaluation against Community Development Grant program criteria prepared by the Department in relation to any successful recipients identified during or after the 2019 election; and
(b) a list of all projects that have been identified by government as potential recipients prior to the 2019 election campaign, but have not yet been contracted or commenced.
(2) In the event the Minister fails to table the documents requested in paragraph (1), the Senate requires the Minister to attend the Senate by 10am on 18 June 2020 to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents requested.
(3) Any senator may move to take note of the explanation required by paragraph (2).
(4) Any motion under paragraph (3) shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:06]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) Australian universities are facing massive losses in revenue as a result of falling enrolments during the COVID-19 crisis, and
(ii) universities across the country have begun to announce job cuts, with up to 30,000 jobs expected to be lost;
(b) calls on vice-chancellors to prioritise retaining staff, including those on casual and fixed-term contracts, in their responses to revenue losses, and
(c) calls on the government to include all universities in the JobKeeper scheme.
The Senate divided. [16:13]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) the Senate passed the Australian Greens' National Integrity Commission Bill 2018 (No. 2) on 9 September 2019 to establish a federal corruption watchdog with broad remit to investigate allegations of corruption and misconduct, and to ensure strong, independent oversight of the actions of parliamentarians,
(ii) the National Integrity Commission Bill 2018 (No. 2) was sent to the House of Representatives for debate on 10 September 2019, but has yet to be debated,
(iii) on 10 February 2020, the Senate resolved to call on the House to vote on the National Integrity Commission Bill 2018 (No. 2),
(iv) the Government ignored this call and has prevented all attempts to debate and vote on the National Integrity Commission Bill 2018 (No. 2) in the House,
(v) public consultation on the Commonwealth Integrity Commission model proposed by the Government ended nearly eighteen months ago, but the Government has yet to introduce legislation to establish an integrity commission,
(vi) in May 2020, the Attorney-General said that legislation to establish a Commonwealth Integrity Commission would be further delayed due to the COVID-19 pandemic, despite an exposure draft being "ready for release", and
(vii) polls consistently show that the majority of Australians support the establishment of a strong national integrity body;
(b) calls on the Federal Government to bring on the National Integrity Commission Bill 2018 (No. 2) in the House of Representatives for a vote in the June 2020 sittings; and
(c) transmits this resolution to the House of Representatives for concurrence.
The Senate divided. [16:21]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) the Government continues to exclude over 1 million casual workers from the JobKeeper payment,
(ii) the Government has announced it will axe the JobKeeper payment for childcare sector workers on 20 July 2020, and
(iii) the Government has agreed to consider Labor's call to reduce the JobKeeper payment for low income earners;
(b) further notes that the above issues negatively impact women as:
(i) women have been hit hardest by the impacts of the COVID-19 pandemic,
(ii) women account for a disproportionate share of the casual workforce,
(iii) in February 2020, the full-time average weekly earnings of women was $1,508, so reducing the JobKeeper payment for low income workers will have a significant impact on women,
(iv) women's underemployment ratio now sits at an unprecedented 16 per cent, compared to 14 per cent for men; and
(v) the last census indicates that over 90 percent of childcare sector workers are women;
(c) also notes that the Government's stimulus response disproportionately benefits men, fails to support low-paid and female-dominated industries, and undervalues unpaid labour activities, which are largely performed by women; and
(d) calls on the Government to support women in work instead of continuing to prioritise measures that will see women lose hours, lose jobs and lose income. ( general business notice of motion no. 664 )
The Senate divided. [16:16]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes:
(i) that the New South Wales (NSW) government has included the former IBM site at 55 Coonara Avenue West Pennant Hills in its planning acceleration program, despite the proposal for rezoning from Business to Residential and Environmental use being opposed by the Hills Shire Council and Hornsby Shire Council,
(ii) that the proposal for high-density residential development on the site requires the removal of 2,000 trees, including Blue Gum High Forest and Sydney Turpentine-Ironbark Forest in the Sydney Basin Bioregion, both of which are listed as a critically endangered ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (Cth),
(iii) the sustained opposition of local residents, civic associations, environmentalists and elected councillors to the development,
(iv) that the NSW Natural Resource Commission has identified the Sydney Basin Bioregion as being at "high biodiversity risk", and
(v) that land clearing has turned Australia into a global deforestation hot-spot and is exacerbating the climate emergency;
(b) opposes the destruction of ecological communities listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), and
(c) calls on the NSW Government to reject Mirvac's rezoning application and instead convert the Cumberland State Forest and adjacent forest at 55 Coonara Ave West Pennant Hills into national park.
The Senate divided. [16:32]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) the Morrison Government is pushing for a 'gas led recovery', which is expected to increase gas extraction across Australia,
(ii) Australia's largest insurance company, Insurance Australia Group, has announced that it will no longer provide liability cover for farmers with coal seam gas (CSG) infrastructure on their property,
(iii) landholders, including farmers and First Nations peoples, have consistently raised concerns regarding the risks that unconventional gas poses to land, water and the climate, and farmers are concerned that loss of insurance cover exposes them to additional liability for those risks,
(iv) on Q&A on 1 June 2020, Senator Matt Canavan said in relation to gas and farmers' rights: "I think we've got the balance wrong in this country. We don't give farmers enough rights ... I've been to some of those landowners and I've sat with them, having cups of tea. And there was not a lot of voluntary participation in lots of the [gas access] agreements", and
(v) the Greens have proposed a number of bills since 2011 to give landholders, including farmers and First Nations peoples, the right to say no to unconventional gas and coal mining on their land, which the Liberal, Labor and National parties have consistently voted against; and
(b) calls on the Federal Government to require gas companies to hold:
(i) public liability insurance coverage over any land where they have CSG infrastructure, and
(ii) comprehensive insurance coverage for environmental damage on that land.
The Senate divided. [16:39]
(The Deputy President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Morrison Government's failure to deliver for bushfire victims, who were promised immediate support but months later only four per cent have received any help.
It took us about five weeks to convince the Department … that our postcode was fire affected.
It's settled science; there's no question. The atmosphere is warming due to the burning of oil, coal and gas. Just a 1.1-degree increase has led to weather conditions that have never been experienced before … in just under 50 years of fighting fires … we haven't seen fires of this magnitude before.
National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020 gives effect to the commitment made by successive governments to the Australian community to establish a purpose-built National Radioactive Waste Management Facility to permanently dispose of low level radioactive waste and temporarily store intermediate level radioactive waste.
Radioactive waste is generated by the Commonwealth and other Australian entities and is predominantly a by-product of nuclear medicine. On average, one in two Australians will need nuclear medicine in their lifetime. This radioactive waste is currently stored in over 100 locations across Australia. This is neither desirable nor sustainable, as those locations are not purpose built and some have limited storage capacity.
The successful operation of the National Radioactive Waste Management Facility will greatly improve the safety and security of radioactive waste management in Australia. The Facility will support the nuclear science and technology industry and bring Australia into line with some of our key international partners.
Furthermore, the amendments in this Bill will improve Australia's ability to meet our international obligations by ensuring that our radioactive waste is stored and managed in a manner consistent with the principles under the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management . This Bill comes at the end of a consultation and technical assessment process spanning more than four years where owners voluntarily nominated their land to be considered for the location of the Facility.
In identifying a site the former Minister for Resources and Northern Australia, Senator the Hon Matt Canavan, considered a detailed Site Assessment Report covering safety, regulatory approvals, costs and other aspects of site suitability, which was developed from more than three years of technical studies. The Minister also considered a Community Sentiment report drawing on a range of measures, including community ballots, submissions and surveys.
The site of Napandee located in the district Council of Kimba in South Australia has been identified as the location for the Facility. The former Minister was satisfied that a Facility at Napandee will be best able to safely and securely manage radioactive waste, and that there is broad support in the community for the project and the economic benefits it will bring.
There is broad support for the location of the Facility in Napandee. The local community of Kimba has indicated their support through community ballots, public submissions, business and neighbour surveys as well as their willingness to discuss, debate and learn about the Facility and what it means for their community.
100 per cent of direct neighbours of Napandee support the Facility. 61.6 per cent of voters in Kimba support the Facility. 59.3 per cent of local businesses support it, and 59.8 per cent of submissions from Kimba locals supported it.
Establishment of the Facility in Napandee will provide for the safe and effective management of Australia's radioactive waste, and support the long term social and economic sustainability of the Kimba community. A large number of the submissions received expressed enthusiasm for the jobs and economic opportunities the Facility would provide for those living in the area.
While there is undoubtedly broad support for the Facility in the Kimba community, it is important to acknowledge that there remains some opposition and concerns about potential agricultural impacts.
Experience around the world is that radioactive waste facilities and farms have succeeded side-by-side for decades without any reputational or market impact on surrounding agriculture, tourism or other community activities.
The common experience of such facilities located in the farming regions of Champagne in France, the Lakes District in the UK, and Elcabria in Spain, for example, is that this industry plays an important role in the life of local communities by creating a new industry, with a diversity of jobs and investment, and strengthening local economic and social development.
In Australian regional communities, this stable and alternative industry would be particularly beneficial in times of drought.
While Native Title has been extinguished at the site, it is a priority for the Government to protect and preserve Aboriginal cultural heritage and to engage meaningfully with the Barngarla community to maximise economic opportunities and outcomes for local Aboriginal communities near the future facility. The Commonwealth will continue that engagement as the Facility moves into its establishment phase.
The Bill also repeals the existing site nomination and selection framework under the National Radioactive Waste Management Act 2012 and inserts new provisions which specify the site of the Facility.
This revises the approach from making a ministerial declaration to acquiring the site through legislation. Specifying the site of the Facility in legislation will provide the Parliament with the opportunity to have a say in the decision to progress this vital national infrastructure.
This also provides certainty to the Australian public and impacted communities about the site and allows those communities not selected to host the Facility to resume their regular activities and look to new opportunities for the future.
The size of the parcel of land specified in the Bill for the establishment of the Facility is approximately 160 hectares. This is sufficient for the footprint of the Facility, the associated security requirements, enabling infrastructure such as power and water, and community agricultural research and development activities. The Bill enables a further parcel of land of up to 50 hectares of the original voluntarily nominated land to be acquired to expand the specified site. This additional land may be necessary to allow for the establishment or operation of the Facility should further site specific technical and cultural heritage investigations determine that more land is required.
The Bill also provides for acquisition of land for secondary all-weather road access, and for the identification of certain rights and interests in relation to this land that are not required. People with a right or interest in additional land being considered for acquisition will be invited to provide comment in accordance with the procedural fairness provision in the Bill.
Most importantly for the host community, the Bill provides for the establishment of a $20 million Community Fund, which will support the Government's commitment to the economic and social sustainability of the Facility's host community. The Facility is an investment in the long-term safe and secure management of radioactive waste and, once established, is expected to be in operation for 100 years.
The Community Fund will contribute to sustainable health services, agricultural research and development, enhancements to local critical infrastructure and the further development of the local Aboriginal community economy in the host community.
The Community Fund is one component of the $31 million Community Development Package that the former Minister announced in July 2018 to go to the community chosen as the site for the national Facility.
This package also includes the Community Skills and Development Program, which will provide $8 million in grants for four years from acquisition of the site, to assist local workers and businesses to maximise opportunities from the construction and operation of the Facility.
The package also provides for up to $3 million from the Government's Indigenous Advancement Strategy to strengthen Indigenous skills training and cultural heritage promotion in the successful community.
The Bill changes the focus of the fund from a State or Territory-based fund to a community-based fund, enabling the host community to make decisions on how the payment is spent to best support the establishment of the Facility and its operation in safely and securely managing controlled material.
Finally, the Bill also improves the transparency of the National Radioactive Waste Management Act 2012 by making a number amendments to provide clear and objective links between the operation of the Act and the relevant Constitutional heads of power.
In conclusion, this Bill signifies the Government's commitment to improve the safety associated with radioactive waste storage and management in Australia. The amendments improve the transparency of the site selection and the mechanisms to support the community that will be delivering public services and infrastructure to the Facility.
Importantly, the Bill brings to a conclusion a prolonged consultation period, providing certainty and clarity to affected communities, and concluding a search for a site that has been ongoing for more than 40 years.
I commend this Bill to the Chamber.
Treasury Laws Amendment (2019 Measures No. 3) Bill 2019
That consideration of message No. 218 in Committee of the Whole be made an order of the day for the next day of sitting.
That all words after 'That' be omitted and replaced with 'the message be considered in Committee of the Whole immediately'.
The Senate divided. [17:48]
(The President—Senator Ryan)
That the committee does not insist on its amendments to which the House has disagreed.
That the question be now put.
The committee divided. [18:12]
(The Chair—Senator Lines)
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019
Sometimes what it can lead to is less convictions rather than more …
Because judges or juries will make the view that because it's mandatory sentencing, all of the circumstances can't be factored in.
The problems created by removing judicial discretion in sentencing are well attested. As the Law Council of Australia stated in its Discussion Paper on Mandatory Sentencing (May 2014) there is very little evidence that mandatory sentencing increases public safety. On the contrary, the evidence is that it may have the opposite effect. Mandatory sentencing increases the incentive for defendants to fight charges and may increase the risk of recidivism.
The sexual abuse of a child is a terrible crime. It is the greatest of personal violations. It is perpetrated against the most vulnerable in our community. It is a fundamental breach of the trust which children are entitled to place in adults.
(1) Clause 2, page 3 (table item 16), omit "Schedule 14", substitute "Schedules 14 and 15".
(2) Page 53 (after line 30), at the end of the Bill, add:
Schedule 15—Review of sentencing for Commonwealth child sex offences
1 Review of sentencing for Commonwealth child sex offences
(1) The Attorney‑General must cause a review to be undertaken of the first 3 years of the operation of the following provisions of Part IB (sentencing, imprisonment and release of federal offenders) of the Crimes Act 1914 , as amended by this Act, in relation to Commonwealth child sex offences (within the meaning of that Act):
(a) Divisions 2 to 4;
(b) Subdivision D of Division 5;
(c) Divisions 6 to 9;
(d) Division 1, to the extent that it relates to a provision covered by paragraph (a), (b) or (c) of this subitem.
(2) The review must be undertaken by one or more persons who, in the Attorney‑General's opinion, possess appropriate qualifications to undertake the review.
(3) The person or persons undertaking the review must give the Attorney‑General a written report of the review within 12 months after the end of the 3‑year period.
(4) The Attorney‑General must cause a copy of the report of the review to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Attorney‑General.
(2) Clause 2, pages 2 and 3 (table items 7 to 9), omit the table items.
[minimum sentences]
(5) Schedule 7, item 4, page 34 (lines 9 and 10), omit "described in column 1 of an item in the table in section 16AAA", substitute "covered by subsection (9)".
[bail]
(6) Schedule 7, item 4, page 34 (lines 11 and 12), omit "described in column 1 of an item in the table in subsection 16AAB(2)", substitute "covered by subsection (10)".
[bail]
(7) Schedule 7, item 4, page 36 (after line 16), at the end of section 15AAA, add:
(9) This subsection covers offences against provisions of the Criminal Code listed in the following table:
(10) This subsection covers offences against provisions of the Criminal Code listed in the following table:
The committee divided. [19:48]
(The Chair—Senator Lines)
(4) Schedule 6, page 25 (line 1) to page 32 (line 16), to be opposed .
[minimum sentences]
The committee divided. [19:55]
(The Chair—Senator Lines)
That this bill be now read a third time.
National Skills Commissioner Bill 2020
The report's recommended options, including voucher schemes and increasing income contingent loans, are extremely risky, and open the sector up to a repeat of VET-FEE-HELP style rorting by unscrupulous private operators.
… we are staring down, literally, hundreds of thousands of extra people coming off JobKeeper and going straight onto the dole queue.
I would have made it clear that the occupations that remain on this list, which include roof tilers, carpenters, joiners, chefs, cooks, midwives, nurses and real estate agents, do not accurately reflect the genuine labour shortages in Australia.
Regardless of the extent to which State and Territory governments adopt a common national approach to subsidies, there are strong grounds for them to use common methods to measure costs and determine loadings.
We are living in an era when sanity is controversial and insanity is just another viewpoint—and degeneracy only another lifestyle.
Have we reached the ultimate stage of absurdity where some people are held responsible for things that happened before they were born, while other people are not held responsible for what they themselves are doing today?