The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021
It is a great legacy because, once the Gurindji walked off Wave Hill, the NAWU gave them their 100% support.
It is a great legacy because the union movement nationwide galvanised around the workers and gave them great support.
It is a great legacy because it fundamentally shifted the NAWU and other unions in the country. It showed unions that Indigenous workers were willing to fight for wage equality and it shifted unions to the role of supporting and fighting for all workers.
And it is a great legacy because while the trigger for the Wave Hill Walk Off was equal wages, the gun powder was the systemic racism, poor living conditions, a legislative environment which allowed for the theft of children from their families and the theft of Aboriginal people having any agency over their own lives.
The Wave Hill Walk Off shifted the nation.
… a dramatic and lasting deceleration in wage growth took hold beginning around 2013. Wage growth fell by half, with private sector WPI plummeting to a low of around 1.8% in 2016 and 2017. … plummeting to record-lows during the COVID recession to only 1.2% …
This bill removes barriers that stifle the job growth of today and limits the job creation of tomorrow …
I would say that it's a real kick in the guts. Other people got to stay home and work from home and not have the risk of taking this infectious disease—
home to their families. That is something real we had to prepare for. I had to prepare my husband and my kids and say, 'If there is an outbreak, I am not coming home to give it to you. Mum has to stay somewhere else.' That was a real fear that we had to face, and we still showed up—
Cutting shifts and making life harder for us when we are going to have to put in that extra effort and when it does affect our residential aged-care facilities, that's the time when everyone has to stand up.
In the past month alone 10 security businesses, Chatime bubble tea, … a toy retailer and an IT services business have been pinged by the regulator—
What's basically happened is there's been a range of sectors that have reported quite a significant increase in profits, largely due to subsidies received from the government — JobKeeper.
At the same time, we've had a significant decline in employment, which is putting downward pressure on compensation of employees [wages and salaries].
It should unwind over the coming quarters.
It's because a whole lot of people stopped working and had their income replaced by government benefits, so profits represented a bigger share of what was left.
From one perspective, you could say JobKeeper propped up profits and in a way they did, because if it hadn't have been for JobKeeper, profits probably would have been a lot lower.
But it's basically showing that a whole lot of employees, and hence their wage payments, were removed from the equation.
Now, how do you explain the total wage share going down [by 2.5 per cent] and the average non-farm compensation per employee going up?
The answer is: it was disproportionately low-income and low-paid workers who've lost their jobs this year.
So, what's left tend to be higher-paid people, and even though higher-paid people have taken pay cuts themselves, the impact on that has been more than outweighed by the culling of workers at the bottom end of the scale, so the average income goes up, even when the overall income goes down.
… over the last six years in Australia especially, and over the last 20 years in other countries, and over the last 40 years in the United States, there has been a steady shift in the distribution of income from labour to capital.
Australia was sheltered from that for a while by the mining boom, but not anymore.
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.
As a low-income worker, I'm not alone here.
Australia has not experienced such a sustained deceleration of both nominal and real wages in its entire post-war history.
The worrying expansion of insecure work in Australia is already associated with major economic and social consequences, including the slowest wage growth at any point since the Depression, undermined consumption spending, rising household financial instability, and rising inequality.
… the Bill is likely to exacerbate, rather than relieve, the insecurity of hours and income experienced by too many workers in Australia.
… … …
At its worst interpretation, the new definition and conversion clause could encourage employers to offer casual employment to all new employees, giving them a year of 'try before you buy' employment for all employees, regardless of the eventual hours worked.
The setting of a lower penalty at the Commonwealth level appears to signal that the Commonwealth Government regards wage theft as a less serious act than, for example, the forgery of postage stamps (which attracts a maximum penalty of 10 years imprisonment).
Despite a strong recovery in asset prices and a falling headline unemployment rate towards the end of 2020, the reality is that Australia's broader economic recovery threatens to take the shape of a 'K' rather than a 'V': that is, some people will do very well, having retained their jobs and saved money during the lock-downs last year, while others will fall deeper into insecurity and poverty.
The precepts of the law are these: to live honestly, to injure no one, and to give everyone else his due.
Van Dairy has a thriving and healthy population of the endangered Tasmanian Devil, and our properties also include some nesting sites for the magnificent Wedge Tail Eagle. We are working actively with the Tasmanian Government to protect these and other native animals that share our land.
There is much that can be said of Michael—his time in public office; his passion for Tasmania, for Hobart, for regional Australia, for the law; his antics, his stunts, his legendary rhetoric; and his loyalty to our sovereign, Her Majesty the Queen of Australia.
In an abundance of caution and to avoid any perception of conflicts of interests … the Attorney-General … will not perform certain functions … that may relate to the Federal Court or the ABC.
Nor is it the practice or has it been the practice over the years for any government to make available legal advice from its legal advisers made in the course of the normal decision making process of government, for good practical reasons associated with good government and also as a matter of fundamental principle.
It is not the practice of the Attorney to comment on matters of legal advice to the Government. Any advice given, if it is given, is given to the Government.
To the extent that we are now going to go to the content of the advice, can I say that it has been a longstanding practice of both this government and successive governments not to disclose the content of advice.
That the Senate take note of the statements made by the Minister for Finance (Senator Birmingham), the Minister for Families and Social Services (Senator Ruston), the Minister for Employment, Skills, Small and Family Business (Senator Cash) and the Minister for Sport and Minister for Senior Australians and Aged Care Services (Senator Colbeck) in relation to the Senate Select Committee on COVID-19 and the public interest immunity claims.
That the Senate take note of the answers given by the Minister for Senior Australians and Aged Care Services (Senator Colbeck) and the Minister for Finance (Senator Birmingham) to questions without notice asked by Senators Dodson and O'Neill today.
Anything that encourages visitors is great, but we still need some form of ongoing wage subsidy.
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 Thorpe today relating to Aboriginal deaths in custody.
That the Senate records its sorrow at the death, on 15 November 2020, of the Honourable Christopher John Hurford AO, former Minster Assisting the Treasurer and Minister for Immigration and Ethnic Affairs, and former member for Adelaide, places on record its gratitude for his dedicated service to the Parliament and the nation, and tenders its deep sympathy to his family in their bereavement.
That leave of absence be granted to the following senators for personal reasons:
(a) Senator Carr for 18 March 2021; and
(b) Senator Polley for 17 to 18 March 2021.
That leave of absence be granted to Senator Brockman for today, for personal reasons.
That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 5 August 2021:
Opportunities for advancing Australia's strategic interests through existing regional architecture, with particular reference to:
(a) the suitability of existing regional architecture and country-groupings to address key human security issues in the Indo-Pacific, including health security, the impacts of climate change, human rights and labour rights;
(b) the interactions between and complementarity of regional security groupings- including the Quadrilateral Security Dialogue, the Association of Southeast Asian Nations Regional Forum and the Northeast Asia Peace and Cooperation Initiative - and other regional cooperation mechanisms such as Asia-Pacific Economic Cooperation and the East Asia Summit;
(c) using existing regional architecture to deepen Australia's defence engagement and strategic cooperation across the Indo-Pacific;
(d) how regional security groupings deliver Australia's objectives of promoting a stable, resilient and inclusive Indo-Pacific, including:
(i) progress on thematic focus areas already identified (maritime security, cyber and critical technology, critical minerals, counter-terrorism, and humanitarian assistance and disaster relief) and potential for additional thematic focus areas,
(ii) the feasibility of institutionalising certain regional security groupings and the potential for expansion, and
(iii) deepening cooperation between regional security partners on economic and development issues in the Indo-Pacific; and
(e) any related matters.
National Health Amendment (Pharmaceutical Benefits Transparency and Cost Recovery) Bill 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
That the following bills be introduced: A Bill for an Act to amend the National Health Act 1953, and for related purposes, and A Bill for an Act to amend the Royal Commissions Act 1902, and for related purposes.
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
NATIONAL HEALTH AMENDMENT (PHARMACEUTICAL BENEFITS TRANSPARENCY AND COST RECOVERY) BILL 2021
I am pleased to introduce the National Health Amendment (Pharmaceutical Benefits Transparency and Cost Recovery) Bill 2021.
The Government has a clear and unwavering commitment to Australian patients to list new medicines on the Pharmaceutical Benefits Scheme (PBS) that have been recommended by the medical experts on the Pharmaceutical Benefits Advisory Committee (PBAC).
Since October 2013, the Government has made over 2,590 new or amended medicines listings on the PBS through an overall investment of around $12.9 billion.
This Bill amends the National Health Act 1953 to improve the administration of the PBS, and consists of two separate measures related to increasing transparency and simplifying the administrative processes associated with the PBS.
The first measure provides the Department of Health with the statutory authority to publish information in relation to the Pharmaceutical Benefits Advisory Committee (PBAC) and its subcommittees, and creates a regulation making power to allow subsequent amendments to the National Health (Pharmaceutical Benefits) Regulations 2017.
Information is currently published by the Department using public interest certificates. The changes will replace the need for public interest certificates, reducing the administrative burden on the Department.
These amendments will not change the nature of the information that is currently published. Subsequent amendments to the regulations will provide greater transparency for industry by defining the types of information published.
The second measure provides for cost recovery arrangements, including specifying fees for services and costs incurred to be set out in a disallowable legislative instrument, replacing the existing regulations. This includes a power to make separate fee categories to recover the costs incurred by the Commonwealth when entering into and managing deeds at the request of an applicant.
Current cost recovery arrangements including fees for service provided in relation to the PBAC and the Australian Technical Advisory Group on Immunisation are specified in the National Health (Pharmaceuticals and Vaccines – Cost Recovery) Regulations 2009 . These regulations are updated annually to ensure they reflect the true efficient costs of providing services.
The changes will reduce the administrative burden on the Department by replacing the existing regulations with a disallowable legislative instrument and provide greater transparency for industry by allowing for the separation of deed-related fees. Deed related fees could then be charged at the time these costs are incurred by the Commonwealth.
The Department of Health has consulted extensively with the pharmaceutical industry on the proposed changes and in particular I must acknowledge the input and collaboration from Medicines Australia and the Generic and Biosimilar Medicines Association on these and other important reforms that are supporting patient access to medicines.
Since 2019, the Department has consulted extensively with the pharmaceutical industry on the recent transparency reforms developed under the 2017 Strategic Agreement with Medicines Australia, as part of the broader package of PBS process improvements.
The Department will continue to consult with industry about the intended legislative changes to formalise the transparency measure over the next few months.
ROYAL COMMISSIONS AMENDMENT (PROTECTION OF INFORMATION) BILL 2021
The Australian Government takes the violence, abuse, neglect and exploitation of people with disability very seriously.
All forms of violence against, and abuse, neglect and exploitation of, people with disability are abhorrent.
This is why the Government committed $527.9 million for this Royal Commission, which includes funding to support people with disability to participate in the Royal Commission. The success of this Commission is important for ensuring better outcomes for people with disability now and into the future.
The Royal Commissions Amendment (Protection of Information) Bill 2021 introduces explicit confidentiality protections for sensitive information being given to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
It implements the changes which have been requested by the Chair of the Disability Royal Commission, the Hon Ronald Sackville AO QC. The protections have also been requested by people with disability, in support of the Chair's request, and a range of disability advocates.
When the Royal Commission ends, its records will be held by the Australian Government Attorney-General's Department. Upon transfer, those records may then be sought under court-issued subpoenas or other compulsory processes, or be the subject of freedom of information requests.
The Chair of the Royal Commission has said to the Government that people with disability, their families, supporters, or people who identify as whistleblowers do not feel confident that the information they provide to the Royal Commission can remain confidential after the Royal Commission ends. These amendments will strengthen the existing protections in the Act, and remove any doubt about the safeguarding of confidential information beyond the life of the inquiry.
This shortfall of confidence in the community affects the Royal Commission's ability to fulfil its obligations under the Letters Patent by undertaking a comprehensive inquiry which ensures appropriate arrangements are in place for people with disability, their carers and families can engage with the inquiry, provide evidence and share information about their experiences.
The Letters Patent stipulate that people with disability are central to processes that inform best practice decision-making on what all Australian Governments and others can do to prevent and respond to violence against, and abuse, neglect and exploitation of, people with disability. Ensuring they are heard in this inquiry is key.
The Government has listened to the Royal Commission, and people with disability, their families and carers, and the broader Australian public, about the importance of ensuring people have the confidence to come forward and tell their story.
Existing protections in the Royal Commissions Act
For many people with disability, and their families and carers, telling their story to the Royal Commission may be the first time in their lives they have disclosed their experiences of violence, abuse, neglect or exploitation.
For others, it is the first time their story has been heard by someone in a position of authority.
People telling their stories to the Royal Commission need to know there are existing protections in the Act, and that the Government is doing more to expressly set out these comprehensive protections for personal information both during the life of the Royal Commission and after the inquiry has concluded.
The amendments will build upon the strong protections that already apply to Royal Commissions whilst the inquiry is underway. This includes providing for private sessions, the use of pseudonyms in public hearings and published material and through the making of non-publication directions. All of these allow for identities and other information to be protected.
This bill will ensure that people with disability have an extra layer of confidence to engage with the Royal Commission with certainty that their information will be protected.
We want people to come forward and tell the Royal Commission what has happened to them, and what they have seen.
Operation of confidentiality provisions
The bill amends the Act to ensure the confidentiality of certain information given by, or on behalf of individuals, to the Disability Royal Commission by applying limitations on the use and disclosure of information given by individuals to the Commission about their, or others, experiences of violence, abuse, neglect and exploitation, where that information was given for purposes other than a private session and the information was treated as confidential by the Commission at all times.
Private sessions were first established for the Royal Commission into Institutional Responses to Child Sexual Abuse (the Child Sexual Abuse Royal Commission) to enable individuals to tell their story about matters into which the Commission was inquiring in a trauma-informed and less formal setting than a hearing.
Private sessions are an important mechanism that enable individuals to share highly sensitive and personal information in confidence, which is why the Government is seeking to extend those protections to individuals engaging with the Disability Royal Commission providing accounts of violence, abuse, neglect or exploitation on a confidential basis.
Individuals have and will provide sensitive and highly personal information outside of a private sessions to the Disability Royal Commission, expecting that it will be kept confidential.
In practice, information about an individual's experience can be received and recorded by a Commission outside of a private session. For example, by providing confidential written submissions and accounts, or through interview processes where the Royal Commission needs to be satisfied that the matters fall within the terms of the inquiry or they need to discuss potential giving of evidence
This information should properly receive protections similar to private session information, and this is what this bill will achieve.
The proposed new clause 6OP would provide that confidential information is not admissible in evidence against a natural person in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory. Further, a provision of a law of the Commonwealth, a State or a Territory would have no effect to the extent that it would otherwise require or authorise a person to make a record of, use or disclose the information. The records will be held securely by the custodian, the Secretary of the Attorney-General's Department, when the inquiry ends. A court will not be able to compel the department to disclose this information and third parties will not be able to seek this information under the Freedom of Information regime.
Confidential information will only be able to be used in a report if it is de-identified or if the information is also given in evidence.
Flexible non-publication direction procedures
Subject to the passage of this bill, additional amendments will streamline existing arrangements in the Act to enable certain members of a Royal Commission to more efficiently make directions for the non-publication of information and identities.
Non-publication directions ensure that any evidence, documents or descriptions of any thing produced that might enable a person to be identified, shall not be published or shall not be published except in such a manner, and to such persons, as the Commission specifies.
Non-publication directions are an essential feature for protecting the identity of individuals, and other sensitive information such as locations or institutions, when giving evidence or providing information to a Royal Commission such as through a notice process.
The Chair of the Disability Royal Commission wrote to the Prime Minister, and requested an amendment to the Act that would overcome practical difficulties for Commissioners of a Royal Commission when making a non-publication direction.
Practical difficulties can arise particularly when an urgent direction is required, as Commissioners may fulfil their duties at different locations within Australia. During the COVID-19 pandemic, Commissioners have been required to undertake official duties remotely in different locations, which has heightened the need for simplified processes.
At an authorised member hearing, a direction may be made either by the Chair alone, provided the Chair is present at the hearing, or all members of that hearing.
In circumstances other than an authorised member hearing the Chair may give the direction, or a majority of the members of the Commission may give the direction. This resolves the practical issue whereby a majority of Commissioners have been required to collectively make a direction when a hearing is not occurring.
This bill will provide greater flexibility for the Disability Royal Commission, and Commissioners of future Royal Commissions, to make non-publication directions.
Efficient information sharing
The bill would also act on a request by the Chair of the Disability Royal Commission, to improve arrangements for Commonwealth Royal Commissions to communicate information and evidence obtained during the course of its inquiry with a Royal Commission, and a commission of inquiry, of a State or Territory.
This is an important and essential mechanism for this inquiry which has been set up as a joint Commonwealth and state Royal Commission, established through the issue of concurrent Letters Patent under the respective Royal Commissions legislation. Streamlining these information sharing arrangements will create important efficiencies for the Disability Royal Commission, and future Royal Commissions. Currently, most evidence tendered before a Commonwealth Royal Commission, must also be tendered in a separate procedural hearing for each concurrent state Royal Commission. This ensures it can be relied upon in a single report, including the Final Report. Current arrangements are impractical and time consuming. The amendments will streamline the process enabling information and evidence tendered before a Commonwealth Royal Commission to be easily shared with all concurrent State Royal Commissions.
Improved processes for receiving and handling evidence will assist the Commission to efficiently prepare a single and comprehensive final report drawing on all the evidence before Commonwealth and state Commissions established under each jurisdictions respective legislation.
This amendment would also remove onerous administrative requirements for the tendering of large volumes of evidence in each jurisdiction, in particular where it has been obtained under compulsion pursuant to different state Royal Commission laws.
Concluding remarks
The Government has given careful consideration to the development of this bill to ensure that it provides comprehensive protections to sensitive information.
The drafting of our bill takes into account the specific circumstances in which people have given information to the Royal Commission. Royal Commissions determine their own operating procedures, which includes the way that they invite people to make submissions and engage with it.
It is important that the Government has a proper understanding of these procedures so that the legislation can be drafted in a way that captures the information the Chair of the Royal Commission has identified as needing protection.
This is why the Disability Royal Commission has been consulted closely on the development of the bill.
The outcomes of the Disability Royal Commission will be guided by people's lived experiences, and its outcomes must be based on a true reflection of those experiences.
In order for the Royal Commission to fully realise the scope of its inquiry, it is important that the Australian community feels comfortable and supported in fully engaging with the Royal Commission.
It is critical that people sharing their lived experiences with the Royal Commission feel respected, and that survivors of violence, abuse, neglect and exploitation have their experiences appropriately acknowledged, recognised and validated.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Fair Work Amendment (Gender Pay Gap) Bill 2015 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 45th Parliament.
That the Senate—
(a) notes that on 16 March 2021 the Community Affairs References Committee will present its report, Effective approaches to prevention, diagnosis and support for Fetal Alcohol Spectrum Disorder (FASD);
(b) further notes:
(i) FASD is a preventable condition caused by in-utero exposure to alcohol, leading to brain and organ damage in the developing baby, and
(ii) children born with FASD suffer a lifelong range of cognitive, behavioural, health and learning difficulties that affect memory, attention, communication, emotional regulation and social skills;
(c) understands FASD affects at least 2% of the population, yet the condition is poorly understood and often either misdiagnosed or undiagnosed (and FASD children - who 'can't, not won't' - are labelled as naughty or their parents deemed ineffective);
(d) commends the parents who shared their stories and hardships with the committee to aid its understanding of the lifetime impacts of FASD, and the experts who are driven to prevent FASD, and to improve access to diagnosis and supports;
(e) welcomes the funding the Federal Government has committed to FASD diagnosis and support since 2014; and
(f) urges the Federal Government to treat FASD as a national health priority and respond decisively to better manage, and ideally prevent, FASD in Australia.
That the Offshore Petroleum and Greenhouse Gas Storage Amendment (Benefit to Australia) Bill 2020 be referred to the Economics Legislation Committee for inquiry and report by 6 May 2021, with particular reference to retention leases, decommissioning costs and offshore domestic gas reserve obligations.
That the Senate notes:
(a) the Robbins Passage - Boullanger Bay wetlands complex in Tasmania has been repeatedly assessed as being of global significance, including by the International Union for Conservation of Nature;
(b) these wetlands are a critical part of the global flyway that stretches from Australia through eastern Asia to north of the Arctic Circle in Siberia, and support numerous rare and critically endangered bird species;
(c) these wetlands fulfil criteria for eligibility to be listed under the Ramsar Convention to protect wetlands of international significance;
(d) previous attempts to have this area Ramsar listed were supported by the Federal Government, however, were not progressed by the Tasmanian state government due to opposition from a few local landowners, who are potential financial beneficiaries of proposed developments in the area;
(e) in their EPBC submission, proponents of the UPC wind farm noted their project 'will potentially intersect the nationally important Boulanger Bay - Robbins Passage wetland' but that the wetlands 'are not matters of national environmental significance for the purposes of environmental approvals'; and
(f) if Ramsar listed, the area must be reviewed under any EPBC assessment.
The Senate divided. [16:50]
(The President—Senator Ryan)
(1) That the Senate—
(a) notes that:
(i) on 15 March 2021 approximately 100,000 people, including survivors of gendered violence and allies, attended Women's March 4 Justice rallies around Australia,
(ii) a petition signed by 73,000 people calls for the following immediate actions:
(A) independent investigations into all cases of gendered violence, timely referrals to appropriate authorities, and full public accountability for findings,
(B) implementation of all 55 recommendations in the Australian Human Rights Commission's Respect@Work report,
(C) lift public funding for gendered violence prevention to world's best practice, and
(D) a Federal Gender Equality Act, including a gender equity audit of parliamentary practices, and
(iii) another petition signed by 93,000 people calls for:
(A) immediate suspension of the Attorney-General pending an independent inquiry,
(B) the Prime Minister to stop using language that trivialises rape and excuses perpetrators, and
(C) the Government to recognise the pain of misogyny and sexual assault and respect and believe victims; and
(b) calls on the Prime Minister to:
(i) establish an independent inquiry into whether the Attorney-
General is fit to remain in that role given rape allegations, and
(ii) urgently act in response to all other calls in the petitions.
(2) That this resolution be transmitted to the House of Representatives for concurrence.
The Senate divided. [16:59]
(The President—Senator Ryan)
That so much of the standing orders be suspended as would prevent general business notices of motion nos 1067 and 1068 being moved together immediately and determined without amendment or debate.
GENERAL BUSINESS NOTICE OF MOTION NO. 1067
That the Senate—
(a) notes the push from international organisations to adopt net zero carbon emissions by 2050;
(b) acknowledges:
(i) nuclear energy is a mature technology used to deliver reliable electricity in many countries,
(ii) if the world is to achieve net zero all technologies need to be on the table - that is the only way to reduce emissions without costing jobs or increasing energy prices; solar and wind alone will not be enough, and
(iii) to remove the current prohibition on nuclear power generation would require widespread community support as well as bipartisan support; and
(c) calls on all senators to commit to a technology-neutral approach to reducing emissions which may include small modular reactors.
GENERAL BUSINESS NOTICE OF MOTION NO. 1068
That the Senate—
(a) notes:
(i) the importance of energy security for ensuring the viability of Australian industry, including manufacturing,
(ii) the need to use a technologically neutral approach to securing our energy security,
(iii) the need to have all technologies on the table, including nuclear, and
(iv) that households can expect to be paying about $120 (or 9%) less for electricity in 2023 than they do today, due to the work of the Morrison-McCormack Government to bring on new energy generation and secure domestic gas supplies;
(b) commends the approach of the Morrison-McCormack Government to ensuring Australia continues to have cost effective, reliable power; and
(c) calls on all senators to acknowledge the need to ensure Australian businesses have access to an affordable, reliable power supply.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The need for the Morrison Government to explain how re-badging its inadequate loan scheme is good enough for tens of thousands of struggling small businesses that will face the impact of JobKeeper cuts on 28 March.
The best way to get help to people is through the existing payment channels … To dream up other schemes can be very dangerous.
That the Senate take note of the report.
That the Senate take note to the government's response.
That Senator Chisholm be discharged from and Senator Ciccone appointed to the Legal and Constitutional Affairs Legislation and References Committees, and Senator Chisholm be appointed as a participating member.
Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
Online Safety Bill 2021
The internet has brought extraordinary economic, social and educational benefits, which each of us enjoy each day. However, these benefits will only be fully realised if Australians can engage confidently and safely in the online world.
In 2015, our Government established the Children's eSafety Commissioner to support Australian children experiencing cyber-bullying harm. In 2017, we expanded the Commissioner's remit to include all Australians and introduced a strong scheme to support victims of image-based abuse and the role became the eSafety Commissioner. Over its six years of operation the eSafety Commissioner has established a strong reputation as an effective regulator providing swift, practical assistance to people who have been exposed to harm online.
This Bill strengthens Australia's world-leading online safety framework by adopting and building on the effective elements of the Enhancing Online Safety Act 2015 and Schedules 5 and 7 of theBroadcasting Services Act 1992 . This Bill also provides new powers for the eSafety Commissioner to tackle a range of emerging online harms, within a flexible and adaptive framework.
This Bill will establish a world first cyber-abuse take down scheme for Australian adults, based on the success of our cyber-bullying scheme for children. This new scheme provides a pathway for those experiencing the most seriously harmful online abuse to have this material removed from the internet.
The scheme will operate on the basis of complaints made to the eSafety Commissioner, where services have failed to remove abusive content. The scheme applies to the full range of online services used by Australians. The eSafety Commissioner will have the power to issue take-down notices directly to the services, and also to end-users responsible for the abusive content.
This new scheme does not override or supplant existing criminal provisions for abuse and harassment. Victims will still be able to go to the police. The eSafety Commissioner will work closely with law enforcement and hand over any evidence for criminal prosecutions.
The Bill will expand our cyber-bullying scheme for children. The eSafety Commissioner will now have the power to order the removal of material from the full range of online services where children are now spending time - such as games, websites, messaging and hosting services - and not just social media platforms.
The sharing of intimate images without consent is a terrible thing to do and causes great distress to victims. The Government moved quickly to deal with this behaviour through legislation in 2018. We recognise that overwhelmingly victims simply want these images removed from the internet as quickly as possible.
The Bill reduces the timeframe within which intimate images must be removed following a notice from the eSafety Commissioner. The Commissioner will retain the ability to issue notices to social media services, relevant electronic services, designated internet services and hosting services. The Commissioner will also retain the ability to issue notices to end-users - those responsible for uploading intimate images - and will have access to infringement notices, enforceable undertakings and injunctions. Civil penalties of up to $111,000 will continue to apply to individuals who post or threaten to post images, or who fail to comply with a removal notice issued by the eSafety Commissioner.
To have a safer online environment, we need to change the law. But that in itself is not enough. The digital sector must also step up. So this Bill introduces a clear statement of what the Australian Government - on behalf of all Australians - expects of business in the digital sector. We call this statement the 'Basic Online Safety Expectations'. They will apply to service providers, including social media services; relevant electronic services such as messaging apps and games; and designated internet services such as websites.
The Bill allows the Minister to determine the detail of these expectations by legislative instrument. The Minister may also determine that the expectations apply to specific services. Here are some of the things we expect. We expect that service providers will take reasonable steps to ensure that Australians are able to use their services in a safe manner; we expect that services are not able to be used to bully, abuse or humiliate Australians.; and we expect that service providers will provide clear and readily identifiable mechanisms for users to report and lodge complaints about unacceptable use.
The Bill provides for the Commissioner to publish statements about the performance of digital platforms in meeting the Government's expectations. The intent is to drive an improvement in the online safety practices of digital platforms. Where they fall short, the statements will provide advice to the public to inform their use of these services.
The Australian Government believes the digital industry must step up and do more to keep their users safe. That belief underpins the provisions of the Bill. The Bill will require new and updated industry codes to be developed. The Bill includes examples of the matters that the Government intends these new industry codes to address. These include preventing children from setting up online accounts without the consent of an adult; ensuring that customers have access to a filtered internet service should they choose to take it up; and providing information about online safety and procedures for dealing with prohibited and illegal online content. We expect that each section of the online industry will produce updated and strengthened industry codes within six months of commencement of this Bill. The Bill empowers the eSafety Commissioner to impose industry standards for those parts of the industry where this may be the best approach to improve online safety.
Australians continue to be concerned with the ease with which age-inappropriate or harmful content, such as pornography or violent material, can be accessed online. Online content is regulated in Australia through our Online Content Scheme. The scheme has successfully applied a complaints-based mechanism, managed by the eSafety Commissioner, with supporting industry codes to prevent prohibited online content from being hosted in Australia. The new legislation will retain all these elements. Because it is working effectively, changes to the Online Content Scheme in the new legislation are minimal.
The Bill also empowers the eSafety Commissioner to act quickly in response to the 'worst of the worst' types of online content. The Bill reforms the Online Content Scheme so that class one material, or material which is so abhorrent that it would be refused classification, will no longer need to be reviewed and classified by the Classification Board before the eSafety Commissioner can order its removal. This includes child sexual exploitation material. In addition, the Bill provides the eSafety Commissioner with the power to issue take-down notices to providers of particularly egregious illegal content such as child sexual exploitation material which is hosted outside of Australia, and which can be accessed by end-users in Australia. The Bill provides for civil penalties where services fail to remove this content within 24 hours of the receipt of such a notice.
This strengthened power for the eSafety Commissioner will complement existing international work underway through the WePROTECT Global Alliance which is targeting and removing child sexual exploitation material no matter where it is hosted.
The Bill also provides the eSafety Commissioner with the capability to prevent search engines from being the conduit to illegal online content. In the event that a search engine can be used by Australian end-users to access class one material, the Bill empowers the Commissioner to issue a link deletion notice. The notice requests that the search engine cease providing a link to the material within 24 hours, and inform the eSafety Commissioner when this has occurred.
Further, the Bill allows the eSafety Commissioner to issue app removal notices that will request that online app stores remove apps that facilitate the posting of class one material. Once again, the notices will request that app stores remove these within 24 hours, and to inform the eSafety Commissioner when this has been completed.
The shocking live-streamed terrorist attacks in Christchurch, New Zealand in 2019 warranted a comprehensive response from government and industry. In the days following the attacks, the Prime Minister established the Australian taskforce to combat terrorist and extreme violent material online. This taskforce - made up of digital platforms, internet service providers and government representatives, delivered a consensus report with recommendations to deny terrorists the ability to spread their propaganda and to incite further violence and acts of hate.
This Bill delivers on one of the taskforce's a key recommendations. It provides the eSafety Commissioner with a rapid website blocking power that may be used during an online crisis event. The Commissioner would need to consider the nature and likely reach of the material depicting, promoting, inciting or instructing in abhorrent violent conduct, and be satisfied that it would likely cause significant harm to the Australian community and that an urgent response is required. The notice power will only be used in these specific circumstances, to limit the exposure of Australians to terrorist or abhorrent violent material.
The Government anticipates that a protocol already in place between the eSafety Commissioner and internet service providers will be updated to guide a swift response from industry in response to a blocking notice issued by the eSafety Commissioner. The Government appreciates the support of internet service providers in this effort.
For too long, malicious actors have used anonymous online accounts to abuse, bully, or humiliate others. All too frequently, this anonymous abuse is directed at women, victims of family violence or minority groups. Anonymous accounts are also used to exchange the 'worst of the worst' images and content.
The Bill clarifies and strengthens the information gathering and investigative powers of the eSafety Commissioner to unmask the identities behind these anonymous accounts. The Bill allows the eSafety Commissioner to require that social media services, relevant electronic services and designated internet services provide identity and contact information about end-users in relation to cyber-bullying, cyber-abuse, image-based abuse or prohibited online content. Civil penalties will apply to services who fail to comply with a written notice from the eSafety Commissioner.
We all enjoy standards of behaviour and civility in the town square that keep us safe, and there are appropriate mechanisms and sanctions for those who break these rules. The Australian Government believes that the digital town square should also be a safe place, and that there should be consequences for those who use the internet to cause others harm. This Bill contains a comprehensive set of measures designed in accordance with this belief. I commend the Bill to the House.
Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
This Bill operates in conjunction with the Online Safety Bill 2021, which I have just introduced. Together, these Bills will strengthen and extend Australia's world-leading online safety framework by adopting and building on the effective elements of the Enhancing Online Safety Act 2015 and Schedules 5 and 7 of theBroadcasting Services Act 1992 .
This Bill repeals the Enhancing Online Safety Act 2015 upon commencement of the new Online Safety Act. The Online Safety Bill will become the new enabling legislation for Australia's eSafety Commissioner, and will strengthen and extend the Commissioner's powers to keep Australians safe online.
The Bill will repeal Schedule 5 and some sections of Schedule 7 of the Broadcasting Services Act 1992 which is the enabling legislation for regulation of online content, known as the Online Content Scheme. These functions will be transitioned to the new Online Safety Act. This will create a single Act containing comprehensive measures.
The Bill will give effect to the Government's election commitment, made in the lead up to the 2019 election, to strengthen maximum penalties for use of a carriage service to menace, harass or cause offence. Accordingly, the Bill increases the maximum penalty under section 474.17 of the Criminal Code Act 1995 from three years' imprisonment to five years' imprisonment.
The Bill will also makes changes to section 474.17A and 474.17B of the Criminal Code Act 1995 to ensure that offenders who show a pattern of causing online harm through dissemination of private sexual material continue to be given a higher penalty than first time offenders. These changes reflect the Australian public's expectation that the punishment for this type of conduct should be commensurate with the seriousness of the offence.
The Bill makes general amendments consequential to the enactment of the Online Safety Act. These include repealing redundant provisions, updating definitions and omitting and substituting references in other legislation that refers to the original legislation.
The Bill also provides transitional provisions and consequential amendments for other Acts arising from the enactment of this Act to provide continuity for the operation of the eSafety Commissioner, associated administrative arrangements, legal proceedings, schemes and processes.
Both of the Online Safety Bills have been developed following election commitments and substantial public and stakeholder consultation, including stakeholder workshops and an analysis of over 370 submissions received in response to an exposure draft of the Online Safety Bill that I released in December 2020.
This Bill, together with the Online Safety Bill, will extend and strengthen Australia's already world leading online safety arrangements.
That the resumption of the debate be an order of the day for a later hour.
Social Services Legislation Amendment (Strengthening Income Support) Bill 2021
That this bill may proceed without formalities and be now read a first time.
That this bill now be read a second time.
Australia has experienced the worst economic downturn since the Great Depression as a result of the Coronavirus pandemic.
The Government has acted decisively, in the national interest to cushion the blow for households and businesses. We have provided $251 billion in direct support to households and businesses.
The Government has been successful at containing the Coronavirus. The economy and labour market are recovering and the vaccine rollout has begun.
The Reserve Bank Australia has forecast that the unemployment rate will fall to 6 per cent by the end of 2021, to fall further to 5.5 per cent by the end of 2022, and fall again to 5.25 per cent by mid-2023.
The key to improving people's living standards and reducing welfare dependency is job creation and having the right incentives to ensure there is a workforce ready to take those jobs.
Australia's social security system has served Australians very well and will continue to do so into the future. Prior to the Coronavirus crisis, the proportion of working age Australians reliant on working age payments was at the lowest levels in more than 30 years at 13.5 per cent. Unemployment was down to 5.1 per cent with more than 1.5 million jobs created over six years.
This Bill responds to our economic recovery and balances the need to ensure income support payments encourage and enable workforce participation with the need for the welfare system to be fiscally sustainable for future generations by increasing the rate of working age payments by $50 per fortnight, commencing on 1 April 2021. This rate increase is in addition to the usual indexation of payments taking effect on 20 March 2021.
The $50 per fortnight increase will apply to JobSeeker Payment, Youth Allowance, Youth Disability Support Pension, Parenting Payment, Austudy, Special Benefit, Partner Allowance and Widow Allowance.
This increase will flow on to ABSTUDY (Living Allowance), Farm Household Allowance and payments made under the Department of Veterans' Affairs Education Scheme.
The Bill also permanently increases the income free area to $150 per fortnight for JobSeeker Payment and Youth Allowance (other) from 1 April 2021, allowing people to keep more of what they earn as they reconnect with the labour market.
The Bill extends the waiver of the Ordinary Waiting Period for Parenting Payment, JobSeeker Payment and Youth Allowance, for a further three months until 30 June 2021.
The Bill also extends to 30 June 2021, expanded access to JobSeeker Payment and Youth Allowance (other) for persons who find themselves having to self-isolate or care for someone who is self-isolating due to the pandemic.
It also extends the portability period for certain Age Pensioners and recipients of the Disability Support Pension (for severely disabled persons) until 30 June 2021. This means pensioners unable to return to, or depart from, Australia within 26 weeks due to travel restrictions resulting from COVID-19 will have their entitlement maintained until 30 June 2021, as if they had been able to return home as planned.
The policy delivered by this Bill carries a cost of approximately $9 billion to 2024-25, including approximately $700 million in 2020-21.
Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021
Casual work has dominated employment growth in our post-COVID recovery. Between May and November, 62 per cent of all jobs created were casual. That's 400,000 jobs in six months, or 2,200 every day. It's the fastest growth in casual work in our history. What that shows is, first of all, that claims that there is a lack of confidence among employers to engage in hiring casual work is not credible. It also shows that the pandemic is intensifying and entrenching the use of insecure and casual work in the economy.
When health and care workers don't have secure work, our most vulnerable community members miss out—people with a disability, older Australians and those with mental illness.
There is no other field of medicine where such radical interventions are offered to children with such a poor evidence base.
… not fit for purpose and children's needs are being met in a woeful inadequate manner, and some will live on with the damaging consequences.
The Trust will be established with a ten year life and be required to manage the properties in accordance with the Howard government's goals of maximising public access to the sites, cleaning up the contamination, rehabilitating bushland and preserving heritage buildings and features at the sites.
When the camera pans around Sydney, it starts at North Head. Trust assets are iconic, beautiful and unique. The preservation and maintenance of the natural environment is essential in maintaining Sydney's place as Australia's global city.
We are ensuring the ongoing future of the Harbour Trust and delivering on our commitment to keep its wonderful sites in public hands.
Under the proposed leasing arrangements, commercial leases for appropriate sites will have a maximum term of 35 years with leases of longer than 25 years subject to a disallowance by Parliament.
… states are sovereign governments … the chief health officers have statutory powers, and those statutory powers are not something that the Commonwealth can wind back.