The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
That the Aged Care Act 1997—Independent review of legislative provisions governing the use of restraints in residential aged care—Final report, dated December 2020, and the Aged Care Quality and Safety—Royal Commission—Final report: Care, dignity and respect, be restored to the Notice Paper to be considered on Thursday afternoon.
Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021
This Bill, if enacted will cut the wages, conditions and rights of Australian workers. Working people have either been the essential workers supporting the country during the pandemic or have already suffered the most from the economic impacts of Covid19. Punishing them with cuts to their rights should not be acceptable to this Parliament.
I was involved in that five-month process, during the lockdown in Melbourne, and we entered it all in very good faith. How disappointed we were to see this legislation, … It seems that the government has gone straight to the hands of the big corporations.
The precedent set by the Federal Court in both the Rossato and Skene decisions overturned decades of common understanding about casual employment and suggested casuals could have two bites of the cherry—higher hourly pay rates and entitlements reserved for permanent employees.
Ironically, collective agreements have become bundles of individual contracts, and are simply too transaction-rich for employers to bother about.
We cannot allow workers' pay or conditions to go backwards through bargaining—
We need to fix the bargaining system to give workers more power to win pay rises and improve conditions, not give employers even more options to cut wages—
The Bill fails the Government's own test: workers will be worse off.
The Government's changes will make jobs less secure; they will make it easier for employers to casualise permanent jobs and allow employers to pay workers less than the award safety net. This is the opposite of what the country needs.
Because most of my work is so insecure, I can only plan to live on my minimum contracted hours, and a contract of 16 hours per fortnight is not enough to live on. This impacts all aspects of my lifestyle, including health. My budget does not allow me to choose healthy options and I often miss meals. Paying my car registration or visiting my dentist is a day-to-day decision for me.
… unless these reform measures are implemented our economy will continue to stagnate. Reform of the industrial relations system is imperative.
Modern awards failed to provide the flexibility to facilitate alternative work arrangements necessary to accommodate government restrictions, with limited capacity to obtain timely and meaningful variations through the Fair Work Commission (FWC).
They have not found any causal link between the vaccine itself and blood clots.
But for the tens of thousands who rallied around the nation, they were looking for signs the nation's leaders were listening.
What they heard was a Prime Minister who said they should be thankful they weren't shot.
We obviously do need to shift away. These mechanisms won't be in place forever.
That the Senate take note of the minister's failure to provide answers to the 108 questions asked by Labor senators on notice.
It shouldn't take having children to have a conscience. And, actually, on top of that, having children doesn't guarantee a conscience.
That the Senate take note of the answer given by the Minister representing the Prime Minister (Senator Birmingham) to a question without notice asked by Senator Faruqi today regarding the Christchurch massacre.
That the Senate—
(a) notes the Attorney-General has instituted legal proceedings against the Australian Broadcasting Corporation (ABC); and
(b) calls on the Prime Minister to recuse the Attorney-General from any cabinet deliberations in relation to the ABC including funding.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Bill 2021
Industrial Chemicals Environmental Management (Register) Bill 2020 Industrial Chemicals Legislation Amendment Bill 2020
Industrial Chemicals Legislation Amendment Bill 2020
Industrial Chemicals Environmental Management (Register) Charge (General) Bill 2020
Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020
Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020
Industry Research and Development Amendment (Industry Innovation and Science Australia) Bill 2021
National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020
Online Safety Bill 2021
Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
Private Health Insurance Legislation Amendment (Age of Dependants) Bill 2021
Social Services Legislation Amendment (Strengthening Income Support) Bill 2021
Special Recreational Vessels Amendment Bill 2021 Treasury Laws Amendment (2021 Measures No. 1) Bill 2021
Work Health and Safety Amendment (Norfolk Island) Bill 2021.
That—
(1) The Senate notes:
(a) the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 was introduced in the House of Representatives and read a first time on 17 February 2021;
(b) on 18 February 2021, the Senate referred the provisions of the bill to the Economics Legislation Committee (the committee) for inquiry and report by 12 March 2021;
(c) on 25 February 2021, the Senate extended the reporting date to 30 June 2021;
(d) despite the decision of the Senate on 25 February 2021, the committee tabled its report on the bill on 12 March 2021, with many interested parties unable to make submissions to the shorter inquiry; and
(2) The provisions of the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 be referred to the Economics References Committee for inquiry and report by 30 June 2021.
(3) Notwithstanding any earlier committee report on the bill, following introduction in the Senate debate on the bill be adjourned until the first sitting day in August 2021.
The Senate divided. [16:01]
(The President—Senator Ryan)
(1) That a select committee, to be known as the Joint Select Committee on Makarrata, be established to inquire into and report on the truth telling and treaty making elements of Makarrata as called for in the Uluru Statement from the Heart, with particular reference to:
(a) the history of First Nations advocacy for treaty and truth-telling in Australia;
(b) the progress of treaty making and truth-telling with First Nations in the states and territories;
(c) international developments in treaty making and truth-telling with First Nations;
(d) legal issues relevant to treaty making and truth-telling at the national level;
(e) the representation of First Nations parties in treaty making and truth telling processes at the national level;
(f) the role of a First Nations Voice to Parliament; and
(g) any other matters relevant to the feasibility of options for national processes for treaty making and truth-telling with First Nations.
(2) That the committee present an interim report on the last sitting day in June 2021, and a final report on or before the last sitting day in November 2021.
(3) That the committee consist of 6 senators and 6 members of the House of Representatives, as follows:
(a) 3 members of the House of Representatives nominated by the Government Whip or Whips;
(b) 2 members of the House of Representatives nominated by the Opposition Whip or Whips;
(c) 1 member of the House of Representatives nominated by minor party and independent members;
(d) 3 senators nominated by the Leader of the Government in the Senate;
(e) 2 senators nominated by the Leader of the Opposition in the Senate;
(f) 1 senator nominated by minor party and independent senators.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Government Whip in the House of Representatives, the Opposition Whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator or member of the House of Representatives; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) That 3 members of the committee constitute a quorum of the committee, provided that one is a member nominated by the Government Whip or Whips or the Leader of the Government in the Senate, and the other is a member nominated by the Opposition Whip or Whips or the Leader of the Opposition in the Senate.
(6) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(7) That the members of the committee hold office as a joint select committee until the presentation of the committee's final report or until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier.
(8) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(9) That:
(a) the committee elect two of its members to be joint chairs, one being a member nominated by the Government Whip or Whips or the Leader of the Government in the Senate, and the other being a member nominated by the Opposition Whip or Whips or the Leader of the Opposition in the Senate, provided that the joint chairs are not members of the same House;
(b) committee meetings shall be chaired by the joint chairs on an alternating basis, commencing with the joint chair nominated by the Government Whip or Whips or the Leader of the Government in the Senate;
(c) a joint chair shall take the chair whenever the other joint chair is not present;
(d) each of the joint chairs shall have a deliberative vote only, regardless of who is chairing the meeting;
(10) That the committee have power to appoint subcommittees consisting of 2 or more of its members, provided that one is a member nominated by the Government Whip or Whips or the Leader of the Government in the Senate, and the other is a member nominated by the Opposition Whip or Whips or the Leader of the Opposition in the Senate, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(12) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
(13) That the committee or any subcommittee have power to consider and make use of the evidence and records of the former Joint Select Committees on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples appointed during the 44th and 45th Parliaments.
(14) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
(15) That the committee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(16) That a message be sent to the House of Representatives seeking its concurrence in this resolution.
The Senate divided. [16:08]
(The President—Senator Ryan)
(1) That a select committee, to be known as the Select Committee on Big Tech Influence in Australia, be established to inquire into and report on activity by major international and domestic technology companies (Big Tech) with reference to the management of:
(a) disinformation, misinformation and malinformation, including 'shadow banning', 'de-platforming', 'no platforming' and 'demonetisation';
(b) fake accounts and bots that engage in online campaigns;
(c) terms of service, including user privacy settings and use of user data by Big Tech and third parties;
(d) the extent of compliance with Australian laws; and
(e) any related matters.
(2) That the committee present its final report on or before 30 November 2021.
(3) That the committee consist of six senators, as follows:
(a) three nominated by the Leader of the Government in the Senate;
(b) two nominated by the Leader of the Opposition in the Senate; and
(c) one nominated by minor party and independent senators.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and
(b) participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) If a member of the committee is unable to attend a meeting of the committee, that member may in writing to the chair of the committee appoint a participating member to act as a substitute member of the committee at that meeting, and if the member is incapacitated or unavailable, a letter to the chair of the committee appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader or whip of the party or group on whose nomination the member was appointed to the committee.
(6) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(7) That the committee elect as chair one of the members nominated by the Leader of the Government in the Senate and as deputy chair one of the members nominated by the Leader of the Opposition in the Senate.
(8) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(9) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(10) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(12) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(13) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate.
(14) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
… the Procedure Committee recommended an understanding that there should be no more than three select committees in existence at any time.
The Senate divided. [16:18]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) our fundamental biology and relationships are represented through the following descriptors - mother, father, son, daughter, brother, sister, boy, girl, grandmother, grandfather, aunt, uncle, female, male, man, woman, lady, gentleman, Mr, Mrs, Ms, sir, madam, dad, mum, husband, wife,
(ii) broad scale genuine inclusion cannot be achieved through distortions of biological and relational descriptors,
(iii) an individual's right to choose their descriptors and pronouns for personal use must not dehumanise the human race and undermine gender,
(iv) Dr Lyons from Logan (Queensland) reports incidences of young children feeling stressed and panicked about whether it is okay to use the words boy and girl, and
(v) pushing gender-neutral language is no replacement for appropriate emotional and psychological support for children while growing up; and
(b) calls on the Federal Government to:
(i) reject the use of distorted language such as gestational/non-gestational parent, chest-feeding, human milk, lactating parent, menstruators, birthing/non-birthing parent, and
(ii) ensure all federal government and federal government funded agencies do not include these terms in their material, including legislation, websites, employee documentation and training materials.
The Senate divided. [16:22]
(The President—Senator Ryan)
That the time for the presentation of the report of the Select Committee on Temporary Migration be extended to 29 October 2021.
The Senate divided. [16:27]
(The President—Senator Ryan)
That the Senate—
(a) notes that the World Health Organization has acknowledged climate change to be the greatest threat to health this century;
(b) recognises that acting on climate change is the greatest opportunity to improve health;
(c) also recognises the Australian Government, as a signatory to the Paris Agreement, has an obligation to consider health in its climate change response;
(d) applauds the growing calls from the health sector to act on climate to protect our health, including the 30 health leaders in Parliament today meeting with representatives to discuss climate change and health; and
(e) calls on the Government to urgently develop a 'National Strategy on Climate Change, Health and Well-being', which is supported by more than 50 health, social welfare and conservation groups.
That the Senate—
(a) notes that:
(i) on 15 March 2019 an Australian man walked into two mosques in Christchurch, Aotearoa New Zealand, and killed 51 innocent Muslims,
(ii) the New Zealand Royal Commission inquiry into the attacks confirmed that the massacre was driven by an 'extreme right-wing Islamophobic ideology',
(iii) two years on, Australia has grappled neither with being the country that raised the Christchurch killer, nor with the resurgent threat of far- right extremism and neo-fascism,
(iv) this month marks 30 years since the publication of the 1991 landmark National Inquiry into Racist Violence, which found that 'racist attitudes and practices (conscious and unconscious) pervade our institutions, both public and private', and that 'on the whole, public authorities do not respond effectively to reports of racist violence', and
(v) racism and Islamophobia continue to pervade our institutions in 2021, and public authorities have failed to stem the scourge of racist violence and hate crimes; and
(b) that the Senate acknowledges the International Day for the Elimination of Racial Discrimination on 21 March, and calls on the Australian Government to reject and challenge racism in all its forms.
(1) That the Senate—
(a) notes that allegations of rape have been made against the Attorney-General; and
(b) calls on the Prime Minister to establish an independent inquiry under his ministerial standards into whether the Attorney-General is fit to remain in that role.
(2) That this resolution be transmitted to the House of Representatives for its concurrence.
The Senate divided. [16:38]
(The President—Senator Ryan)
That—
(a) a message from the House of Representatives relating to the Social Services Legislation Amendment (Strengthening Income Support) Bill 2021 be reported immediately after it has been received but not so as to interrupt a senator speaking;
(b) after the message is reported, consideration of the bill have precedence over all other government business until determined;
(c) if by 1.30 pm on Thursday, 18 March 2021, consideration of the bill has not been completed, the questions on all remaining stages be put without debate; and
(d) paragraph (c) operate as a limitation of debate under standing order 142.
The Senate divided. [16:42]
(The President—Senator Ryan)
The Senate divided. [16:46]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) the launch of Parliamentary Friends of Landcare tonight at Parliament House, and
(ii) the group will provide a non-partisan forum for parliamentarians to meet and interact with members of the Landcare community and to support their efforts to promote sustainable agriculture and management of our natural resources; and
(b) commends the work of Landcare organisations across Australia, including Landcare Australia and the National Landcare Network, for their work in conserving and preserving our precious land resources.
That so much of the standing orders be suspended as would prevent motion nos 1058 and 1061 being moved together immediately and determined without amendment or debate.
The Senate divided. [16:50]
(The President—Senator Ryan)
GENERAL BUSINESS NOTICE OF MOTION NO. 1058
That the Senate—
(a) notes that the Australian Government proposes to introduce 'independent assessments' for access and planning decisions for the National Disability Insurance Scheme's (NDIS) 400,000 participants;
(b) recognises that:
(i) people with disability, their families, carers, service providers and their representative organisations were not consulted on independent assessments before they were announced by the Government,
(ii) independent assessments will provide a one-size-fits-all approach to access and planning while adding bureaucratic hoops for participants to jump through, and
(iii) neither the Productivity Commission report, nor the review conducted by David Tune AO PSM, support the introduction of independent assessments in the form proposed; and
(c) expresses its concern that, as the Government only returned $1.5 billion of the
$4.6 billion it cut from the NDIS, independent assessments are just another way to take support from Australians with disability by restricting access to the scheme and limiting plan funding; and
(d) calls on the Government to:
(i) immediately pause the rollout of independent assessments,
(ii) hold a genuine, transparent consultation process, and
(iii) work with participants, families, carers and the sector to co-design the best solution to address the issues of consistency and fairness in NDIS access and planning identified by the Tune Review.
GENERAL BUSINESS NOTICE OF MOTION NO. 1061
That the Senate—
(a) notes that:
(i) the number of people diagnosed with dementia in Australia is projected to grow from 472,000 to over one million by 2058,
(ii) over half of people living in residential aged care have a diagnosis of dementia, with the actual prevalence likely to be as high as 70%,
(iii) the final report of the Royal Commission into Aged Care Quality and Safety found that the quality of aged care that people living with dementia receive is 'abysmal',
(iv) the overuse of medication is rampant and not enough emphasis is put on preventative care and other treatments,
(v) staff do not receive adequate training and do not have a full understanding of the symptoms and needs of people living with dementia,
(vi) the report signalled out dementia care as one of four priority areas for immediate action, and
(vii) despite the complicated needs of people living with dementia and the disproportionate impact COVID-19 had on them and their families, dementia was not even mentioned in the Government's National COVID-19 Aged Care Plan; and
(b) calls on the Government to urgently address their years of neglect of the aged care system, which is a national disgrace, including the experience of hundreds of thousands of Australians with dementia.
The Senate divided. [16:55]
(The President—Senator Ryan)
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
"The urgent need for the Morrison Government to respect the thousands of Australians who marched in the Women's March 4 Justice yesterday, take urgent action to end gendered violence and sexual harassment, and establish an independent inquiry into the Attorney-General's fitness to hold that position."
That, in the opinion of the Senate, the following is a matter of urgency:
The urgent need for the Morrison Government to respect the thousands of Australians who marched in the Women's March 4 Justice yesterday, take urgent action to end gendered violence and sexual harassment, and establish an independent inquiry into the Attorney-General's fitness to hold that position.
The urgent need for the Morrison Government to respect the thousands of Australians who marched in the Women's March 4 Justice yesterday—
Government Response to the Report on the Inquiry into the Regulator of Medicinal Cannabis Bill 2014
Preamble
The Regulator of Medicinal Cannabis Bill 2014 (the RMC Bill) was introduced into Parliament on 27 November 2014. It was referred to the Senate Legal and Constitutional Affairs Committee (the Senate Committee) on 12 February 2015 and the Committee produced a report on 11 August 2015. The RMC Bill lapsed at prorogation of Parliament on 17 April 2016 ahead of the July 2016 election.
On 17 October 2015, the Australian Government announced its intention to amend the Narcotic Drugs Act 1967 (ND Act) to enable the cultivation of cannabis for medicinal and scientific purposes, consistent with Australia's international obligations relating to narcotic drugs. The changes were enacted on 29 February 2016 and commenced operation on
29 October 2016. These amendments provided a national licensing scheme allowing for the controlled cultivation of cannabis for medicinal and scientific purposes while also allowing the Government to enable a sustainable supply of safe medicinal cannabis products to Australian patients.
The amendments to the ND Act did not govern patient access to medicinal cannabis products as access to all therapeutic goods remain regulated through the Therapeutic Goods Act 1989 (TG Act). The lead-up to the 2016 amendments included extensive and targeted consultation with the states and territories, including through the Intergovernmental Committee on Drugs. This was seen to be important to ensure that patient access to cannabis-derived products for medicinal use was consistent around Australia, and that there were no gaps in oversight of the supply chain that could be exploited, for example by organised criminal groups.
Recommendations -Report on the Inquiry into the Regulator of Medicinal Cannabis Bill 2014
In its Report on the Inquiry into the RMC Bill, the Senate Committee made six recommendations. These are set out below, followed by a short summary of the Australian Government's response.
Recommendation 1
The committee supports, in principle, the access to products derived from cannabis for use in relation to particular medical conditions where the use of those products has been proven to be safe and effective.
Government response -AGREED
Access to cannabis products for therapeutic purposes is possible principally under the pathways in the Therapeutic Goods Act 1989 (TG Act), including registration of products in the Australian Register of Therapeutic Goods (ARTG), and access under the 'unapproved' medicines pathways which include the Special Access Scheme, Authorised Prescriber Scheme and through clinical trials.
Recommendation Z
The committee recommends that the Bill is amended, if necessary, to establish mechanisms by which scientific evidence about medicinal cannabis products can be assessed to determine their suitability for use in the treatment of particular medical conditions.
Government response -Not required
Registration of medicinal cannabis products in the Australian Register of Therapeutic Goods (ARTG) provides a mechanism by which the scientific evidence around efficacy of medicinal cannabis products in particular medical conditions can be thoroughly evaluated. In addition, the Commonwealth Department of Health, in conjunction with state and territory governments and with the involvement of leading clinical and patient groups, developed clinical guidance documents in 2017 which reviewed the clinical evidence for the use of medicinal cannabis published in refereed medical journals since 1980 for treating chemotherapy-induced nausea and vomiting, epilepsy, multiple sclerosis, chronic non cancer pain and palliative care, as well as an overview document.
Additionally, on 6 October 2019, the Minister for Health, the Hon Greg Hunt MP, announced
$3 million from the Medical Research Future Fund to examine the benefits of medicinal cannabis for pain, symptom and side effect management for cancer patients.
Recommendation 3
The committee recommends that the Bill is amended to address issues raised about its interaction with the existing Commonwealth regulatory framework for medicinal products, including the Therapeutic Goods Act 1989,the Narcotics Drug Act 1967and relevant customs legislation.
Government response- Not required
Interactions between existing Commonwealth regulatory framework were addressed in the 2016 amendments to the ND Act.
Recommendation 4
The committee recommends that the Bill is amended to ensure that medicinal cannabis products can be made available in Australia consistent with Australia's international obligations, including under Articles 23 and 28 of the Single Convention on Narcotic Drugs (1961).
Government response -Not required
The 2016 amendments to the ND Act are consistent with Australia's international obligations, including under the Single Convention on Narcotic Drugs, 1961, as amended.
Recommendation 5
The committee recommends that the Commonwealth government consult with its state and territory counterparts about the interrelationship of relevant laws to ensure a consistent approach to accessing medicinal cannabis and to facilitate compliance with any such access scheme and Australia's international obligations.
Government response -AGREED
State and territory counterparts were consulted in relation to the 2016 ND Act amendments.
The Department of Health coordinates Medicinal Cannabis Access Working Group meetings, held 1-2 times annually as required with representatives from each of the state and territory health departments to promote collaboration across jurisdictions on issues relating to patient access to medicinal cannabis.
Recommendation 6
5.18 Subject to the preceding recommendations, the committee recommends that the Bill be passed.
Government response -Not required to achieve policy aim.
The 2016 amendments to the ND Act and existing provisions within the TG Act provide a scheme allowing for the controlled supply of cannabis for medicinal and scientific purposes.
Patients are accessing medicinal cannabis products in a timely manner via the current access schemes, with over 60,000 prescriptions estimated to have been written for medicinal cannabis by over 2,500 medical practitioners as of 31 August 2020.
That consideration of recommendations 8 to 10 of the report be made a business of the Senate order of the day for 16 June 2021.
That the Senate take note of the report.
That the Senate take note of the report.
We are now concerned the inquiry is being used for political purposes to undermine domestic violence claims made by women and thereby putting vulnerable families at further risk by inciting hatred and excusing domestic violence.
There is an often-broadcast belief that mothers in the family law court fabricate allegations of family violence to help their family law cases. However, the evidence shows that this is not the case and that women are disinclined to raise family violence allegations due to a fear of not being believed. The research shows that false allegations are much rarer than the issue of victim survivors not reporting abuse and the minimisation and denial of abuse by men who use violence.
That the Senate take note of the document.
The committee recommends that the Tasmanian Government immediately join all other jurisdictions in participating in the Therapeutic Goods Administration's single national online application pathway for accessing unregistered medicinal cannabis and reducing state-based requirements for medicinal cannabis approval.
The Commonwealth has a standing offer for Tasmania to join the online scheme, subject to Tasmania agreeing to process applications within a 48 hour time period. This condition was outlined to all jurisdictions upon the creation of the online portal in 2018. All jurisdictions currently participating in the online scheme agreed to this requirement prior to joining. Participating jurisdictions have been processing applications in a timely fashion, in some cases in a matter of hours.
The decision whether or not to take part in the national scheme is ultimately one for the Tasmanian government to make. The Commonwealth stands ready to work with the Tasmanian Government on joining the online scheme, subject to the condition outlined above.
Dear President
In Question Time on 4 February 2021, I took two questions on notice from Senator Green regarding the tourism industry.
Responses to these questions are enclosed.
I trust that this addresses Senator Green's concerns.
Yours sincerely
MARISE PAYNE
JobKeeper Payment: Tourism
Senator GREEN (14:14): Tourism operators in Cairns have warned the Morrison government that thousands of jobs will be lost if JobKeeper isn ' t extended ... Treasury data shows that 3,600 businesses in Cairns are relying on JobKeeper, more than in any other postcode in Queensland. How many jobs will be lost in Cairns when JobKeeper ends in March?
Response:
The JobKeeper Payment has provided unprecedented support to millions of Australians. However, JobKeeper was always intended to be emergency temporary support and is just one part of the Government's economic response to support Australians during the impacts of the COVID-19 crisis. JobKeeper was designed to deliver support quickly and at scale and it has achieved its objective of keeping business in business and Australians in jobs. The next phase of the recovery is to create incentives for businesses to hire. The Treasury closely monitors the labour market' as a matter of course, and employment outcomes have been stronger than expected in the months since the most recent forecasts were published. This includes a steady reduction in the number of people working reduced hours for economic reasons. Analysis of the labour market to-date shows a very large proportion of employees who rolled off JobKeeper support in September have remained employed. In the region of Cairns, specifically, the most recent data shows that the number of people relying on JobKeeper has fallen by 55 per cent.
COVID-19: Tourism
Senator GREEN (14:15}; / do have another question. Minister, out of the $659 million [in funding provided for tourism related programs] that you spruiked on Tuesday, how much of that financial support has actually been received by affected businesses?
Response:
Tourism Australia Funding-$231 million: these funds are provided to Tourism Australia for marketing purposes and are not intended to be allocated to businesses.
Consumer Travel Support-$128 million: as at 11 March 2021, $88 million in grant funding has been paid. 2,531 travel agents have received payments under the program and another 516 are being processed.
Recovery for Regional Tourism-$50 million: the full $50 million has been allocated to tourism regions across Australia with applications for funding open until 30 September 2021.
Business Events Grants-$50 million: As at 12 March 2021, almost $8 million has been approved, with $3.2 million paid. On 11 March 2021 the Government announced an extension to the program, to support events held until 31 March 2022, to allow events that were postponed in early 2021 to benefit from this assistance.
Building Better Regions Tourism Infrastructure Round-$100 million: as indicated on the grant website, announcement of decisions in relation to Round 5 applications are expected in mid-2021.
Regional Recovery Partnerships-$100 million: Consultations with state and local governments, industry, local development and community organisations on proposed priority projects for funding under the Partnerships have begun. Implementation workshops in each of the Partnerships regions will be held in early 2021 to bring together Commonwealth, state and local government representatives and industry and community organisations to identify clear implementation plans and desired outcomes for the selected projects funded under the Regional Recovery Partnerships.
That senators be discharged from and appointed to committees as follows:
Community Affairs Legislation and References Committees—
Discharged—Senator McCarthy
Appointed—Senator Green
Participating member: Senator McCarthy
Economics Legislation Committee—
Discharged—Senator McAllister
Appointed—Senator Walsh
Participating member: Senator McAllister
Road Safety—Joint Select Committee—
Appointed—Senator Small
Rural and Regional Affairs and Transport Legislation Committee—
Discharged—Senator Green
Appointed—Senator McCarthy
Participating member: Senator Green
Substitute member: Senator Sheldon to replace Senator McCarthy for the committee's inquiry into Australia's general aviation industry
Rural and Regional Affairs and Transport References Committee—
Discharged—Senator Green
Appointed—Senator McCarthy
Participating member: Senator Green
National Consumer Credit Protection Amendment (Supporting Economic Recovery) 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.
This Bill amends the National Consumer Credit Protection Act 2009 (the Credit Act) to support the timely flow of credit to the Australian economy and introduce additional protections for consumers accessing high-cost credit.
The importance of credit to households and businesses makes timely access to credit vital to Australia's economic success, particularly as the economy recovers from the COVID-19 crisis.
To improve the flow of credit to the economy, the Bill amends the Credit Act so the existing responsible lending obligations apply only to small amount credit contracts (SACCs) and consumer leases.
This Bill will replace the prescriptive "one-size-fits-all" approach that has evolved in relation to the interpretation of responsible lending and provide flexibility for lenders to assess each applicant for credit on a case-by-case basis. However, this flexibility will not diminish the consumer protections in place and for some products, enhances these protections.
The Bill provides the Minister with the power to determine new lending standards. The new regime will apply to non-bank lenders, as banks will continue to be regulated by the Australian Prudential Regulation Authority.
The new lending standards for non-bank lenders will align with the APRA standards. They will ensure lenders have sound credit assessment and approval processes to assess consumers' capacity to repay debts without substantial hardship.
The new framework will allow all lenders to streamline and improve their credit assessment processes and rely on information provided by consumers unless there are reasonable grounds to believe the information is unreliable.
These changes maintains strong consumer protections. Lenders that fail to comply with the credit assessment processes they have put in place will breach their standards, giving borrowers access to AFCA for free dispute resolution and restitution.
Protections are being increased on services offered by credit assistance providers, with the Bill expanding the best interests obligations - already scheduled to be applied to mortgage brokers from 1 January 2021 - to other credit assistance providers. This will ensure credit assistance providers act in consumers' best interests and place consumers' interests before their own.
The Bill also improves consumer outcomes through the introduction of new obligations for providers of SACCs and consumer leases.
While these products can be useful for consumers in certain circumstances, repeat borrowing can lead to debt spirals where repayments consume a greater portion of income, becoming increasingly unaffordable.
To limit the harm that has been associated with these products, Schedules 2 to 6 of the Bill limit the fees SACC and consumer lease providers can charge. Specifically, the Bill prohibits SACC providers charging monthly fees that are incurred after a SACC is discharged and requires SACCs to have equal repayments and equal repayment intervals. The Bill also introduces a cap on costs for consumer leases, bringing the regulation of consumer leases in line with other credit products regulated under the Credit Act.
The Bill also requires SACCs and consumer leases to comply with Regulations that will limit the proportion of income consumers can devote to SACCs and consumer lease repayments. In particular, the Regulations will prohibit SACCs and consumer lease providers from providing a SACC or lease that would result in:
These 'protected earnings amounts' will maintain access to credit while ensuring enhanced protection for the most vulnerable consumers. Unsolicited SACC invitations to current and former customers, as well as door-to-door selling of consumer leases are also prohibited under the new regime.
To ensure the benefits of the Government's reforms flow through to the economy as quickly as possible, changes to the responsible lending obligations will commence 1 March 2021.
The SACC and consumer lease reforms and the extension of the best interests obligations will commence six months following Royal Assent. However, the Bill's anti-avoidance provisions will commence immediately to ensure firms do not opportunistically restructure their business to avoid the Government's reforms.
Full details of the measure are contained in the Explanatory Memorandum.
Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020
Message received from the House of Representatives agreeing to the amendments made by the Senate to the Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020.
Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020
Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021
Opposition Leader Bill Shorten failed to declare a political donation of about—
$40,000 from a labour hire company he received in the lead up to the 2007 election campaign.
In his much anticipated appearance before the royal commission into trade unions on Wednesday, Mr Shorten admitted the donation was only declared to the Australian Electoral Commission in recent days.
Mr Shorten also faced questions about his knowledge of the pay and conditions of workers at Melbourne cleaning firm Cleanevent, and how the firm's employees became members of the AWU.
(a) an offer of employment made by the employer to the person is made on the basis that the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person …
On 28 October 2020, we published two articles about Peter Zhuang, who was a Liberal National party candidate in last year's Queensland State election. We acknowledge the articles were potentially damaging to Mr Zhuang. Further, some readers may have inferred from the article that Mr Zhuang was influenced by and associated with the Chinese Communist party, is pro-Beijing and supports an aggressive expansionist China.
We have been asked to make clear the post referred to in the article was a satire piece posted on Mr Zhuang's social media platform written by the well-known Chinese comedian, Brother Sway. The piece was sarcastic and highly critical of the Chinese Communist Party and China's aggressive expansion.
We accept that Mr Zhuang has not been influenced by and is not associated with the Chinese Communist party, he is not pro-Beijing. He supports any country in dealing with policies in a peaceful way. We apologise to Mr Zhuang for any suggestion that the articles may have conveyed to the contrary.
I want to go back to a statement you made about the water gate purchases. In your own words, you said 'it's a dynamic market' and 'prices change all the time'. You said that you had disclosed a whole bunch of information by way of OPD. One of the things that you didn't disclose in that OPD was the valuation range—the nominal valuation by the valuers, Colliers, and, indeed, the valuation range by Colliers—on the basis that it was commercially sensitive. In your own words, you have just said that the pricing is dynamic and it changes from year to year. Can I ask you to provide me with the nominal valuation and, indeed, the valuation rage, noting what you've just said?
I can refer you to my answer in Hansard and questions on notice previously that those values were redacted for commercial reasons.
… I think, in some sense, you are withholding information from the Senate and I foreshadow, if the Information Commissioner agrees with me—I'm pretty sure I'm on fairly solid ground—I will seek a referral to the Privileges Committee for contempt, because I think you are being overly secret on information which should be in the public domain.
The UN has praised Australia for delivering on marriage equality but heeded our call that no LGBTIQ+ person be left behind. Amidst a review into its overall human rights record, Australian Governments have been told to lift their game on equality for LGBTIQ+ people, particularly for trans and intersex Australians.
Israel and the Palestinian side shall exchange information regarding epidemics and contagious diseases, shall co-operate in combating them and shall develop methods for exchange of medical files and documents.
… not primarily concerned with the quality of care or with ensuring that older people can access the care that they need, but identifies the 'billions' in savings that had been achieved to that time by 'capping service provision' and the 'risks' to the Government's budgetary position presented by the new arrangements which might, if not carefully managed, undo some of the longstanding fiscal constraints that were operating in aged care.