The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:30, read prayers and made an acknowledgement of country.
That—
(a) the Senate requires the Minister for Agriculture, Fisheries and Forestry to attend the Senate at 9.30 am on Thursday, 4 August 2022 to provide an explanation of not more than 10 minutes as to:
(i) answers provided to Senator Roberts after question time on Thursday, 28 July 2022 which appear to have misled the Senate, as detailed in Senator Roberts' letter hand delivered to the Minister on Friday, 29 July 2022,
(ii) the failure by the Minister to bring foot and mouth disease vaccines to Australia ready for an outbreak should one occur, and
(iii) the failure by the Minister to provide suitable biosecurity precautions at Australian airports to prevent foot and mouth disease entering Australia;
(b) any senator may move to take note of the explanation required by paragraph (a); and
(c) any motion under paragraph (b) may be debated for no longer than one hour, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.
How many passengers have passed through Australian international airports from Indonesia since the foot-and-mouth outbreak was reported … on 5 July 2022?
How many of these … have been treated with disinfected foot mats …
A hundred per cent of passengers have been walking through sanitised foot mats.
Ministers are expected to be honest in the conduct of public office and take all reasonable steps to ensure that they do not mislead the public or the Parliament.
It is a Minister's personal responsibility to ensure that any error or misconception in relation to such a matter is corrected or clarified, as soon as practicable and in a manner appropriate to the issues and interests involved.
What consultation did the minister have with the construction industry and/or the Australian Building and Construction Commission prior to and in relation to the snap announcement on Sunday, 24 July 2022, that the ABCC in its powers will be pulled back to the bare legal minimum as of yesterday?
That is because we have seen a gross waste of taxpayers' funds prosecuting workers for stickers on their helmets and flags on their worksites.
That the question be put.
The Senate divided. [10:32]
(The President—Senator Lines)
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Public Sector Superannuation Salary Legislation Amendment Bill 2022, allowing it to be considered.
The Senate divided. [10:49]
(The Deputy President—Senator McGrath)
Public Sector Superannuation Legislation Amendment Bill 2022
That the following bill be introduced: A Bill for an Act to amend the law relating to public sector superannuation, and for related purposes. Public Sector Superannuation Salary Legislation Amendment Bill 2022..
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
PUBLIC SECTOR SUPERANNUATION SALARY LEGISLATION AMENDMENT BILL 2022
SECOND READING SPEECH
The Public Sector Superannuation Salary Legislation Amendment Bill 2022 repeals paragraph 5(e) of the Superannuation (Salary) Regulations with effect from 1 July 1986 and provides that the effect of the repeal does not apply to individuals where limited circumstances are satisfied.
The changes in the bill are only relevant to current and former Commonwealth public sector civilian employees.
The default superannuation salary of a member of the Commonwealth Superannuation Scheme established under the Superannuation Act 1976 includes the value of any allowance that, under the regulations, is to be treated as salary under the act.
Prior to 1 March 2022 paragraph 5(e) of the regulations provided that the rent-free use of housing made available to a person by reason that they held a particular office or performed particular duties or work was an allowance that was to be treated as salary for the purpose of the act.
The value of rent-free housing as per paragraph 5(e) of the regulations flowed through to the default superannuation salary of members of the Public Sector Superannuation Scheme, and members of the Public Sector Superannuation Accumulation Plan and certain members of non-Commonwealth choice funds.
At the time the regulations were made in 1978, an employee's assessable income was taken to include the value of rent-free housing. With the introduction of the fringe benefits tax regime in 1986, the tax burden in relation to rent-free housing shifted from the employee to employer.
Following this change in 1986 the Commonwealth has typically not treated rent-free housing as forming part of superannuation salary and generally neither employers or employees have made superannuation contributions that have taken into account the value of rent-free housing.
A recent case before the Federal Court has exposed differing views on the operation and scope of former paragraph 5(e) of the regulations. If the interpretation as argued by the applicants was accepted, it would have significant financial impacts for the Commonwealth and inequitable financial outcomes for differing cohorts of individuals.
Some individuals would receive an unexpected windfall increase in their superannuation benefits while others could incur potentially large unexpected debts for unpaid member contributions with little or no corresponding increase in their superannuation benefit.
These outcomes would be a consequence of the reliance by all relevant parties on a view that rent-free housing at the time it was provided did not form part of superannuation salary.
Retrospectively repealing paragraph 5(e) of the regulations will regularise the past administrative practice of Commonwealth employers and employees by effectively restoring the position with respect to rent-free housing that all relevant parties have treated as governing the Commonwealth civilian public sector superannuation schemes since 1986.
The repeal of paragraph 5(e) of the regulations will commence from 1 July 1986, the date of the introduction of the fringe benefits tax regime, and therefore regularise the change in practice that seemingly occurred after that time.
As the purpose of the retrospective repeal of paragraph 5(e) of the regulations is to regularise the longstanding practice of employees and employers, the bill makes provision for cases, if any, in which paragraph 5(e) was applied historically in particular employer relationships in a way that included the value of rent-free housing in superannuation salary.
The bill does this by excluding a limited cohort of individuals from the effect of the repeal of paragraph 5(e) of the regulations where no-one was acting pursuant to a mistake as shown from the actions of both Commonwealth employers and employees as evidenced by contributions having been made on the basis, in the period 1 July 1986 to 28 February 2022 that the value of the rent-free housing received by the employee was included in their superannuation salary.
The exclusion end date of 28 February 2022 reflects that paragraph 5(e) of the regulations was repealed with prospective effect from 1 March 2022.
The Senate divided. [11:14]
(The Acting Deputy President—Senator McGrath)
That this bill be now read a third time.
Social Security and Other Legislation Amendment (Self-Employment Programs and Other Measures) Bill 2022
Social Security and Other Legislation Amendment (Self-Employment Programs and Other Measures) Bill 2022
That this bill be now read a third time.
Treasury Laws Amendment (2022 Measures No. 1) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the bill, allowing it to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2022 SPRING SITTINGS TREASURY LAWS AMENDMENT (2022 MEASURES NO. 1) BILL
Purpose of the Bill
The purpose of the bill is to:
Reasons for Urgency
Urgent passage of the bill required to:
That this bill be now read a second time.
This Bill will provide certainty to stakeholders about their tax obligations and benefit entitlements, reduce risks to the Commonwealth associated with uncertainty in existing laws and limit the retrospective application of proposed new laws.
Schedule 1 to the Bill provides an income tax exemption for qualifying grants made to primary producers and small businesses affected by Tropical Cyclone Seroja, which had a devasting impact on communities in Western Australia in April last year.
Affected primary producers and small businesses were eligible to receive recovery grants of up to $25,000, which were activated under thejoint Commonwealth-State Disaster Recovery Funding Arrangements 2018 . Schedule 1 makes these qualifying grants non-assessable non-exempt income for tax purposes, assisting affected communities as they rebuild and recover.
Schedule 2 to the Bill amends the Treasury Laws Amendment (Putting Consumers First — Establishment of the Australian Financial Complaints Authority) Act to support the practical closure of the Superannuation Complaints Tribunal (SCT) and any transitional arrangements associated with AFCA replacing the SCT.
The AFCA Act will be amended to allow for the transfer of SCT records and documents to the Australian Securities and Investments Commission for ongoing records management, and will also allow the Federal Court to remit appealed cases back to AFCA, where previously these had been remitted to the SCT.
Schedule 2 also introduces a rule-making power to the AFCA Act, to allow the Minister to prescribe matters of a transitional nature that may be required to support the closure of the SCT.
Schedule 3 to the Bill is part of a package of commitments to secure the FIFA Women's World Cup in 2023. The Bill provides an income and withholding tax exemption to FIFA and a local Australian subsidiary, confined to income in relation to the event.
This will maintain Australia's strong reputation as a host for major international sporting events and, in particular, help promote women's sport.
Schedule 4 amends various laws in the Treasury portfolio to ensure those laws operate in accordance with the policy intent, make minor policy changes to improve administrative outcomes or remedy unintended consequences and correct technical or drafting defects.
The amendments have been identified by Treasury portfolio agencies, the Office of Parliamentary Counsel and policy divisions within Treasury.
Schedule 4 includes changes to the legislation that supports the Modernising Business Registers program. This program is an important economic reform that will consolidate over 30 business registers on a centralised and modernised business platform. Under the current legislation the legal transfer of all registry functions from the Australian Securities and Investments Commission to the new Registrar occurred on 22 June 2022.
Since coming to government, we have discovered significant issues that have affected delivery of this program and put it significantly behind schedule. Given these delays, this Bill retrospectively defers the automatic transfer date of all functions to 1 July 2026.
The program will also be well over budget. The previous government originally committed just under half a billion dollars for the program. Preliminary estimates suggest full delivery of the program may now cost up to $1.5 billion. We will keep Australians informed as we go about the important business of managing this project.
The amendments made by Schedule 4 to this Bill further the Government's commitment to the care and maintenance of Treasury laws and will make it easier for Australians to comply with current laws.
Full details of the measures are contained in the Explanatory Memorandum.
At the end of the motion, add
", but the Senate:
(a) notes that:
(i) the stage three tax cuts will make Australia's personal income tax system significantly less progressive,
(ii) the benefits of the stage three tax cuts will flow overwhelmingly to high income earners and to men, and
(iii) given the stage three tax cuts are not due to come into effect until 2024-25, the repeal of these tax cuts would not cause significant uncertainty, and
(b) calls on the Government to introduce legislation to repeal the stage three tax cuts".
… one of the school principals stayed on the telephone to the local priest as the house around the cleric fell apart.
Finally, Father Larry Rodillas got out from under his kitchen table and ran for his life to the school next door, sheltering in a classroom until the category-three storm had passed the next morning.
You just thought, this is it. I would have thought that when we opened the door, that there would be nothing around us except that roof.
We are a small town. Half of it has been flattened.
We invite you to walk with us in a movement of the Australian people for a better future.
… of all the things of a man's soul which he has within him, justice is the greatest good, and injustice the greatest evil.
I'm learning all the lessons I already know,
I've lost a lost a lot of brothers where so many go,
The chances of us rising up were very low,
But love can free the mind from this mental war,
… … …
You started this war, but we'll never recede,
The blood of my bros are what I wear in my sleeves,
See I didn't come out of the dirt just to die overseas,
That's why our spirits will never decease,
I said I didn't come out of the dirt just to die overseas,
And so our spirits will never decease,
But just look how the system made us enemies,
They're chaining our brothers up without a reason,
And you thought that we'd never see freedom?
Convicting our brothers of treason, how?
When the earth is our land,
It's 'cause of our people you're breathing …
Social Services Legislation Amendment (Enhancing Pensioner and Veteran Workforce Participation) Bill 2022
Almost all sustained increases in real wages are underpinned by improvements in labour productivity growth.
That the Senate take note of the answers given by the Minister for Finance (Senator Gallagher) and the Minister for Trade and Tourism (Senator Farrell) to questions without notice asked today.
That the following proposed amendment to the resolutions relating to senators' interests be referred to the Standing Committee of Senators' Interests for inquiry and report:
Resolution 3 — Registrable interests
After paragraph (m), insert:
(ma) any association or involvement with domestic or international political, activist or lobbying organisations, non-government organisations or other bodies, international societies, charitable foundations, not for profit organisations, or advocacy groups in the previous ten (10) years including but not limited to:
(i) employment by such bodies;
(ii) membership of such bodies;
(iii) office(s) held with such bodies;
(iv) participation in, or receiving of, training or other educational programs or material with or from such bodies; or
(v) prizes, awards or commendations sought or received from such bodies.
The Senate divided. [15:47]
(The President—Senator Lines)
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Australian Taxation Office—Fit-out of newly leased premises at 6 Parramatta Square, Parramatta, Sydney.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—AIR7000 Phase 1B remotely piloted aircraft system facilities.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Australian Institute of Marine Science—Remediation of AIMS Cape Cleveland Wharf, Queensland.
Health Legislation Amendment (Medicare Compliance and Other Measures) Bill 2022
That the following bill be introduced: A Bill for an Act to amend the law relating to health, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Labor Party has no prouder legacy than our contribution to universal health coverage in Australia. Most importantly through Labor's establishment of the two key pillars in the Medicare and the PBS. The Albanese Government is committed to protecting and strengthening our world-class Medicare system.
Australia's universal health care system, Medicare, provides free or subsidised access for all Australians to most health care services. This Bill strengthens Medicare compliance powers and will assist with the investigation and recovery of debts associated with inappropriate Medicare billing.
Medicare, including the Medicare Benefits Schedule, or MBS, and the Pharmaceutical Benefits Scheme, or PBS, continue to provide Australians with access to free hospital care, and more affordable health care and medicines, and the Child Dental Benefits Scheme, or CDBS, provides access to dental services for children.
Australian Government expenditure on the MBS, PBS and CDBS is projected to be nearly $44 billion in 2021-22.
As stewards of this investment in the health of Australians, the Government is committed to protecting the integrity and financial viability of Medicare, ensuring that Australians may continue to have access to our world-class health system.
While the vast majority of health care providers do the right thing when claiming Medicare benefits, there is unfortunately a small number that do not. In most cases, these are a result of mistakes and administrative errors, but in some cases, it is as a result of incorrect or inappropriate claiming and, at worst, fraud.
The Department of Health and Aged Care supports practitioners, healthcare organisations and peak bodies to correctly claim health payments with a clear focus on education, engagement and consultation. However, ensuring rigorous, effective health practitioner compliance and identifying health care practitioners that are not doing the right thing are vital to protecting the integrity of Medicare.
Historically, compliance activities have concentrated on the behaviour of individual practitioners, on the principle that practitioners are ultimately responsible for what is billed under their Medicare provider numbers. While this principle remains critical, the Government needs to adapt its compliance arrangements to an environment where corporations are employing or otherwise engaging practitioners, and are increasingly involved in, and influencing the provision of, health care services.
The primary intent of the Bill is to both strengthen the compliance powers of the Professional Services Review, or the PSR, and to add a degree of flexibility to the PSR's ability to address the inappropriate practice of corporations.
The Bill is in four parts: Part One amends the PSR scheme; Part Two amends certain debt-recovery decisions; Part Three amends miscellaneous debt recovery arrangements; and Part Four amends the giving of false or misleading information.
The PSR addresses the behaviour of practitioners that may have engaged in inappropriate practice through review by the Director or by Committees comprised of professional peers of the person under review. As an alternative to lengthy, resource-intensive reviews by a Committee, the Director may enter into written agreements with practitioners who are prepared to acknowledge their inappropriate practice and agree to specified actions.
The PSR may also review the practice of corporations that have knowingly, recklessly or negligently caused or permitted their practitioners to engage in inappropriate practice. Currently, such conduct by a body corporate may be reviewed only by a Committee. The Bill amends section 92 of the Health Insurance Act 1973 , which authorises the making of agreements with the Director, to ensure all persons under review have the opportunity to negotiate an agreement.
There can be significant consequences for an individual or body corporate referred to a Committee, including publication of findings. However, agreements made under section 92 are confidential and this encourages co-operation.
In essence, the Bill extends provisions for written agreements, currently applicable only to individual practitioners, to include:
(a) a practitioner who personally renders or initiates services;
(b) an individual (who may be a practitioner) who employs or otherwise engages practitioners;
(c) an officer (who may be a practitioner) of a body corporate which employs or otherwise engages practitioners; or
(d) a body corporate which employs or otherwise engages practitioners.
The new provisions allow the Director to come to an agreement with a person under review, including a body corporate or non-practitioner, who acknowledges inappropriate practice and agrees to specified actions.
The specified actions for bodies corporate may include:
To be clear, a corporation's acknowledgment of inappropriate practice has no bearing on the practitioners it employs or otherwise engages. Individual practitioners will not be named in agreements with corporations or other persons who employ or otherwise engage practitioners (and such agreements are themselves confidential).
In entering into an agreement with the Director, a body corporate or other person who employs or otherwise engages practitioners would acknowledge that they engaged in inappropriate practice by knowingly, recklessly or negligently causing or permitting one or more of its practitioners to engage in inappropriate practice. That acknowledgement is not binding on any individual practitioner nor does it result in any findings being made in relation to individual practitioners.
If an individual practitioner is the subject of a separate referral, the practitioner would have the option to seek an agreement with the Director or to proceed to review by a Committee. The acknowledgement by the person who employed or otherwise engaged the practitioner would not be put before the Committee and a finding of inappropriate practice could be made only following an examination of an appropriate sample of clinical records and evidence from the practitioner or any other witnesses.
As a consequence of the new provisions relating to corporations, and to maintain its peer review function, the Bill adjusts the composition of the Determining Authority so that it may include additional members of the same profession as the relevant practitioners engaged or employed by the person under review.
The Government's commitment to improved compliance is embodied in new sanctions against behaviour that stymies the Government's ability to review inappropriate practice and to recover Commonwealth debts created by agreements between persons under review and the Director.
The Bill creates an exception to the general rule that agreements made under section 92 are confidential by giving the Director the discretion to publish details of an agreement, where the person under review has not fulfilled their obligations. The person under review will have an opportunity to make submissions about their compliance or otherwise. To further protect the integrity of the scheme against persons, particularly corporations, reneging on agreed terms, the Government will have the ability to garnishee bank accounts, bringing repayments under section 92 agreements in line with other debt recovery provisions currently permitted under the Health Insurance Act 1973 . Garnishee notices will only be issued if persons under review do not promptly engage with the Department on repayment or breach an agreement to pay the debt by instalments.
Access to information is essential for the PSR to carry out reviews. The Bill introduces offences for persons under review that fail to appear at Committee hearings or fail to give evidence or answer questions where required by Committees. Maximum penalties for non-compliance will be fines of 150 penalty units, or $33,300 at current rates, for bodies corporate and 30 penalty units, or $6,660 at current rates, for non-practitioner individuals.
The Bill also provides for an offence where a person, other than a person under review who is a practitioner, fails to respond to a notice to provide documents to the Director or to a Committee with fines of up to 30 penalty units. The PSR will also be able to take court action seeking a civil penalty of up to 30 penalty units (currently $6,660) for each day that a body corporate contravenes the Health Insurance Act 1973 by failing to respond to a notice to provide documents. Further, the Director will be able to apply for court orders for a body corporate to comply with notices.
Following recent observations of the Federal Court regarding jurisdictional fact, the Bill also clarifies that a referral to the PSR may be made where it appears that there is the possibility that a person may have engaged in inappropriate practice in the provision of services. Under the PSR scheme, it is ultimately a matter for the PSR to investigate whether a person has provided services, and whether the conduct of the person under review in relation to the rendering or initiation of those services amounts to inappropriate practice.
The Bill also addresses inconsistencies arising from the introduction of legislation in 2018 to improve debt recovery powers under the Health Insurance Act 1973 , theNational Health Act 1953 and theDental Benefits Act 2008 . The Bill introduces amendments clarifying:
Finally, the Bill amends the National Health Act 1953 and theDental Benefits Act 2008 to mirror recent changes to theHealth Insurance Act 1973 . The December 2020 amendments to theHealth Insurance Act 1973 clarified that the Commonwealth may recover incorrect payments made as a result of the giving of false or misleading information.
Maintaining universal access to health care through Medicare is a priority for this Government. The Bill protects the integrity of Medicare for all Australians.
That:
(1) A Joint Standing Committee on Northern Australia be appointed to inquire into and report on such matters relating to the development of Northern Australia as may be referred to it by either House of the Parliament or a Minister.
(2) Annual reports of government departments and authorities and reports of the Auditor-General presented to the House shall stand referred to the committee for any inquiry the committee may wish to make and reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:
(a) any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and
(b) the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that department or authority is presented to the House.
(3) The committee consist of ten members, three Members of the House of Representatives to be nominated by the Government Whip or Whips, two Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any minority group or independent Member, two Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or independent Senator.
(4) 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.
(5) The members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.
(6) The committee elect:
(a) a Government member as its chair; and
(b) an Opposition member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee.
(7) At any time when the chair and deputy chair are not present at a meeting of the committee the members shall elect another member to act as chair at that meeting.
(8) In the event of an equally divided vote, the chair, or the deputy chair when acting as chair, shall have a casting vote.
(9) Three members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House.
(10) The committee:
(a) have power to appoint subcommittees consisting of three or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine; and
(b) appoint the chair of each subcommittee who shall have a casting vote only.
(11) At any time when the chair of a subcommittee is not present at a meeting of the subcommittee, the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
(12) Two members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House.
(13) Members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
(14) The committee or any subcommittee have power to:
(a) call for witnesses to attend and for documents to be produced;
(b) conduct proceedings at any place it sees fit;
(c) sit in public or in private;
(d) report from time to time; and
(e) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(15) The committee or any subcommittee has the power to consider and make use of the evidence and records of the Joint Standing and Select Committees on Northern Australia appointed during previous Parliaments.
(16) The provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
(17) A message be sent to the House of Representatives seeking its concurrence in this resolution.
Notice of motion altered on 28 July 2022 pursuant to standing order 77.
That there be laid on the table by the Minister representing the Minister for Government Services, by no later than 10 am on 4 August 2022, a statement outlining the following information in relation to claims for deaths and injuries arising from COVID-19 vaccines:
(a) the number of claims for deaths and injuries that have been paid out;
(b) the number of claims for deaths and injuries that are currently outstanding;
(c) the number of claims for deaths and injuries that have been dismissed; and
(d) whether a non-disclosure agreement is a condition of any successful claim.
Social Services Legislation Amendment (Enhancing Pensioner and Veteran Workforce Participation) Bill 2022
That the following bill be introduced: A Bill for an Act to amend the law relating to social security and veterans' entitlements, and for related purposes. Social Services Legislation Amendment (Enhancing Pensioner and Veteran Workforce Participation) Bill 2022.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Australian economy is grappling with inflationary pressures and many industries continue to suffer severe labour shortages following the COVID-19 pandemic, particularly in regional areas.
At the same time, those older Australians and veterans wanting to improve their living standard by working, or increasing their hours of work, are being actively discouraged from doing so by existing pension regulations.
In a period of economic uncertainty and rapidly rising living costs, each represents a practical solution to the other.
The Social Services Legislation Amendment (Enhancing Pensioner and Veteran Workforce Participation) Bill 2022 reinvigorates, and builds upon, the initiatives contained in the Social Services Legislation Amendment (Workforce Incentive) Bill 2022.
Reflecting the targeted, well-designed policy being pursued by the coalition to address current economic conditions, the bill makes workforce involvement as attractive and worthwhile as possible for Australian pensioners.
Around 80,000 age pension recipients are employed at present, or around three per cent of Australia's 2.5 million pensioners.
They make a vital contribution to the economy, passing on experienced knowledge and skills, and may already live or work in a town, or region, that is struggling to meet its labour needs.
The extra income received by working pensioners means they are better able to support themselves and their dependants in the face of increasing food, fuel and other living expenses.
In addition, they enjoy enhanced social connectiveness, mental and physical activity, and other non-financial benefits that a host of publicly funded programs are otherwise required to deliver.
Pensioners can currently earn $300 income per fortnight and still receive a maximum pension payment.
The bill doubles the Age and Veteran Service Pension Work Bonus Scheme, the amount that can be earned without impacting pension payments, increasing it to $600 per fortnight, or $1,200 for a couple.
Working pensioners will also continue to accrue unused work bonus scheme income up to a $7,800 cap, exempting future earnings for pension income test purposes.
Increasing the amount pensioners can earn every fortnight so significantly has the potential to make a meaningful difference to their household finances.
Crucially, it also makes the prospect of returning to work, or working additional hours, an economically viable option where it previously has not been.
Like its predecessor, the Social Services Legislation Amendment (Workforce Incentive) Bill 2022, the bill also removes other disincentives for working pensioners and provides them greater flexibility.
Current policy dictates that age pensions are cancelled where a recipient's total income exceeds the income test for a 12-week period, with pensioner concession card (PCC) access subject to the same test and timeframe.
This acts as a barrier to those working pensioners who want to avoid losing their pension or PCC, whose work might last for varying periods, or who are deterred by the requirement to complete a full new application every time they become eligible for the pension.
Under the bill, their pension will be suspended for up to two years instead, during which time they undergo a simplified process to resume the pension if their income falls to the prescribed level.
Both age and disability support pensioners will be able to keep their PCC for two years under these circumstances, as an acknowledgement of the enormous importance of the concessions the PCC offers working pensioners.
Pensioner partners of working pensioners will also enjoy the same pension resumption and PCC arrangements for a two-year period.
The policy changes outlined in the bill align with calls to encourage and support working pensioners from advocacy and industry organisations, including COTA and National Seniors Australia.
Opposition Leader Peter Dutton announced the work bonus scheme component of the bill in June of 2022, stating that older Australians should keep more of what they earn, and that it was needed to relieve pressure on a very tight labour market.
Both these justifications are, in fact, more pressingly true now than they were then.
The bill is good for our pensioners, it is good for our economy, and it is good for Australia.
I commend it to the Senate.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 46th Parliament.
(3) That the second reading of the Plebiscite (Future Migration Level) Bill 2018 be restored to the Notice Paper.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Offshore Petroleum and Greenhouse Gas Storage Amendment (Benefit to Australia) Bill 2020 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 46th Parliament.
(1) That a select committee, to be known as the Select Committee on Work and Care, be established to inquire into and report on:
(a) the extent and nature of the combination of work and care across Australia and the impact of changes in demographic and labour force patterns on work-care arrangements in recent decades;
(b) the impact of combining various types of work and care (including of children, the aged, those with disability) upon the well-being of workers, carers and those they care for;.
(c) the adequacy of workplace laws in relation to work and care and proposals for reform;
(d) the adequacy of current work and care supports, systems, legislation and other relevant policies across Australian workplaces and society;
(e) consideration of the impact on work and care of different hours and conditions of work, job security, work flexibility and related workplace arrangements;
(f) the impact and lessons arising from the COVID-19 crisis for Australia's system of work and care;
(g) consideration of gendered, regional and socio-economic differences in experience and in potential responses including for First Nations working carers, and potential workers;
(h) consideration of differences in experience of disabled people, workers who support them, and those who undertake informal caring roles;
(i) consideration of the policies, practices and support services that have been most effective in supporting the combination of work and care in Australia, and overseas; and
(j) any related matters.
(2) That the committee present an interim report by 18 October 2022.
(3) That the committee present its final report by the second sitting Tuesday in February 2023.
(4) That the committee consist of seven senators, as follows:
(a) three nominated by the Leader of the Government in the Senate;
(b) three nominated by the Leader of the Opposition in the Senate; and
(c) one nominated by the Leader of the Australian Greens in the Senate.
(5) 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;
(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; and
(c) a participating member shall be taken to be a member of a committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.
(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 the member nominated by the Leader of the Australian Greens in the Senate and as deputy chair a member nominated by the Leader of the Government 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 equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.
(11) That the committee have power to appoint subcommittees consisting of three or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(12) 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.
(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.
(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.
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 Government to adopt immediate action to ease pressure on cost of living for Australian families and small businesses.
… the industrial umpire upheld the university's stance that higher pay and a professional pathway was too much to ask of his employer.
I didn't have a minimum wage for an hour, which meant that, at the end of the day, I had earnt $15 after six hours of standing outside in the cold and the rain.
The need for the Government to adopt immediate action to ease pressure on cost of living for Australian families and small businesses.
Anthony Albanese and Labor have a plan for a better future.
Australians deserve a leader who is not afraid to roll up their sleeves and do the hard work needed to get things done.
The Albanese Government is focused on tackling the spiralling cost of living that is making life tough for too many Australians.
… will cut power bills for families and businesses by $275 a year for homes by 2025, compared to today.
That the Senate take note of the document.
That the Senate take note of the documents.
The Albanese Government is committed to integrity, honesty and accountability and Ministers in my Government (including Assistant Ministers) will observe standards of probity, governance and behaviour worthy of the Australian people.
Ministers must observe fairness in making official decisions—that is, to act honestly and reasonably—
with consultation as appropriate to the matter at issue, taking proper account of the merits of the matter, and giving due consideration to the rights and interests of the persons involved, and the interests of Australia.
Ministers are expected to conduct all official business on the basis that they may be expected to demonstrate publicly that their actions and decisions in conducting public business were taken with the sole objective of advancing the public interest.
… taken with the sole objective of advancing the public interest.
The time when enough was enough in relation to compliance with the law by this union, its immediate predecessor and, for that matter, others in history, and its officials, has well and truly passed …
The Full Court's approach in this case is apt to undermine the primacy of deterrence as the objective of the civil penalty regime in the Act is amply demonstrated once regard is had to the failure of previous penalties to have any deterrent effect on the CFMMEU's repeated contraventions of s 349(1) of the Act. The circumstance that the CFMMEU has continued to breach s 349(1), steadfastly resistant to previous attempts to enforce compliance by civil penalties fixed at less than the permitted maximum, is a compelling indication that the penalties previously imposed have not been taken seriously because they were insufficient to outweigh the benefits flowing unlawfully to the contravenor from adherence to the "no ticket, no start" policy. To the contrary, the CFMMEU's continuing defiance of s 349(1) indicates that it regards the penalties previously imposed as an "acceptable cost of doing business".
Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the bill, allowing it to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2022 SPRING SITTINGS
AUSTRALIAN HUMAN RIGHTS COMMISSION (SELECTION AND APPOINTMENT) BILL
Purpose of the Bill
This bill will respond to recommendations of the United Nations Global Alliance of National Human Rights Institutions (GANHRI) Sub-Committee on Accreditation (SCA), by (among other things) amending federal human rights and anti-discrimination law to require that appointments to the Australian Human Rights Commission (the Commission) be made through a publicly advertised merits-based selection process.
Reasons for Urgency
In early 2022 the SCA deferred re-accreditation of the Commission as an 'A'-status National Human Rights Institution for 18 months due to concerns that recent selection and appointment processes for statutory Commissioners did not fully comply with the United Nations General Assembly Principles relating to the Status of National Institutions (the Paris Principles). The SCA will re-consider the Commission's accreditation in October 2023, with the Commission required to submit a written statement of compliance by 1 June 2023.
Passage of this bill in the 2022 Spring sittings will implement changes to the selection and appointments process before the expiry of three Commissioner terms in early 2023 and demonstrate that Australia has addressed the concerns raised by the SCA before the deferred consideration of re-accreditation in late 2023.
That this bill be now read a second time.
The Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Bill 2022 will ensure appointments to the Australian Human Rights Commission are made through a merit-based and transparent process. This Bill will contribute to the Government's overarching integrity agenda and will support the Commission's re-accreditation as an 'A'-status National Human Rights Institution, which is essential to its institutional independence, legitimacy and international credibility.
The Bill legislates a merit-based and transparent appointments process for members of the Commission by amending relevant provisions of the Australian Human Rights Commission Act 1986 ,Age Discrimination Act 2004 ,Disability Discrimination Act 1992 ,Racial Discrimination Act 1975 and theSex Discrimination Act 1984 .
In addition, the Bill amends these Acts to clarify that the total term of appointment for the President and Commissioners is 7 years, inclusive of any reappointment.
The Bill will also ensure consistency for President and Commissioner qualification requirements.
Government's commitment to integrity and transparency
This Bill implements the Government's election commitment to restore integrity in appointment processes in the Commission. Through legislating transparent and merit-based selection processes, the Bill strengthens the Commission's institutional independence and integrity, ensuring the Commission can undertake its statutory functions as an independent statutory body and engage in public debate impartially. These amendments will give the Australian public confidence in the Commission, allowing any qualified Australian to put up their hand to represent their community.
International accreditation o f the Commission
The Commission's international accreditation is at risk, which has obvious implications for Australia's international reputation.
The Commission has been accredited as an 'A'-status National Human Rights Institution since 1999 when accreditation of National Human Rights Institutions began. However, in March 2022, the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions deferred the Commission's re-accreditation as an 'A'-status National Human Rights Institution on the basis that the selection and appointment processes for Commissioners did not comply with the Paris Principles.
The Sub-Committee's primary concern was three direct Commissioner appointments that were made to the Commission without a merit-based and transparent selection process.
The Global Alliance of National Human Rights Institutions' accreditation process assesses a National Human Rights Institution's compliance with internationally recognised standards. If Australia's status is downgraded to 'B'-status, the Commission's capacity to engage in international forums would be significantly diminished.
For example, the United Human Rights Council and treaty body processes restrict access to 'A'-status National Human Rights Institutions. Further, Australia would receive international scrutiny and criticism from across multilateral organisations and civil society.
The Commission's re-accreditation has been deferred until October 2023 to provide Australia with an opportunity to address the concerns raised by the Sub-Committee. Accordingly, this Bill responds to the concerns raised by the Sub-Committee to ensure that the Commission can engage with international fora and continue its critical leadership role promoting the existing international rules-based system in our region.
Merits-based appointment processes
The Bill amends existing appointments provisions for members of the Commission to require that, before making an appointment, the Minister must be satisfied that the selection of the appointee is the result of a merit-based selection process that was publicly advertised.
These amendments will require vacancies in Commissioner positions or in the President position to be advertised nationally, such as through newspapers and government websites.
These legislative provisions will be supported by comprehensive policy guidelines to provide further guidance on what constitutes a merit-based selection process.
These amendments will remove the ability to appoint the President or Commissioners directly without a merit-based and publicly advertised selection process, and ensure that these positions are open to all qualified members of the community.
Limitations upon tenure
The Bill will insert amendments clarifying the term of appointment for the President and all Commissioners is for a maximum of seven years, including reappointments.
This addresses a concern of the Sub-Committee that the relevant Acts are silent on the number of times Commissioners can be reappointed, creating the possibility of unlimited tenure.
This amendment codifies existing practice whereby Commissioners are appointed for an initial five-year term, and then may be reappointed for one or two years to complete particular projects.
Qualification requirements
Finally, the Bill will ensure that the provisions setting out the qualification requirements for the President and Commissioners are consistent across the relevant Acts.
Unlike the other Commissioners, there are currently no qualification requirements for the President of the Commission. The Bill will insert a provision requiring the President to have appropriate qualifications, knowledge or experience to be appointed by the Minister, consistent with existing qualification provisions for the Commissioners.
However, and importantly, this will not change the distinct qualification requirements for the Aboriginal and Torres Strait Islander Social Justice Commissioner, which requires appointees to that position to have significant experience in the community life of First Nations people.
Conclusion
The effectiveness of our anti-discrimination system is dependent upon the proper functioning of, and support for, the Australian Human Rights Commission. An independent Human Rights Commission is fundamental to Australia's human rights agenda—both internationally and domestically. This government strongly supports the work of the Australian Human Rights Commission and is committed to restoring integrity to the process of President and Commissioner appointments.
This Bill will support the Commission's re-accreditation so it can continue to have independent participation rights at international fora, and maintain its international legitimacy and credibility. Most importantly, this Bill re-affirms and supports the Government's broad commitment to restoring integrity to government, as well as our commitments to the international rules-based order.
Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Government is introducing the first legislative requirement to abolish the Cashless Debit Card—the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 .
This Bill delivers on the Albanese Government's election commitment to abolish the Cashless Debit Card, and is the first product of ongoing and sincere community consultation.
The Cashless Debit Card has been operating across Australia for six years.
The former government introduced the Card in Ceduna in 2016 but over time it was expanded to include the East Kimberley, Goldfields, Bundaberg and Hervey Bay areas, and most recently—the Northern Territory and Cape York.
The former government claimed the Card would help to address some adverse behaviours relating to drug and alcohol misuse in communities, by quarantining a proportion of a person's welfare payment.
Despite this intention, there has never been evidence to show that the Cashless Debit Card is delivering on its objective.
Numerous evaluations, inquiries and audits have never rendered clear, unequivocal data that demonstrated the Card was working.
Just last month, the Australian National Audit Office released its latest audit on the performance of the Cashless Debit Card, highlighting once more the lack of evidence available to demonstrate the Card's success. There were no key performance indicators, evidence or evaluation conducted to support the former government's scheme—and despite this message being delivered twice, in the ANAO's first report in 2018 and the second last month—the former government refused to listen.
Service providers on the frontline of helping those who interact with the card, have been scathing of its existence.
St Vincent de Paul said the card had "unintended and expensive consequences across government and the community, including social exclusion and stigmatisation, increased financial hardship, and the erosion of individual autonomy and dignity".
In a policy briefing back in 2019, the group said: "ultimately, this is a punitive and paternalistic measure that is driven by ideology rather than evidence".
Put simply, the Cashless Debit Card is not delivering on its long-promised outcomes. And no one is buying it anymore—certainly not this government.
Recent consultations in Ceduna and the East Kimberley region have only reinforced the findings and views of others—as have visits to Bundaberg and Hervey Bay by the Assistant Minister for Social Services, the Honourable Justine Elliot MP.
The Government has been told of tragic stories relating to the inadequacy of the Cashless Debit Card. Stories in communities like Kununurra in the East Kimberley region where the introduction of the Cashless Debit Card has not stopped alcohol misuse and instead encouraged workarounds which have made people worse off overall, with less money in their accounts.
The Minister for Social Services has listened to First Nations community leaders, service providers and Cashless Debit Card participants in these communities.
CDC participants have told us the Card stigmatises them and makes their lives more difficult because they cannot access the cash economy.
In some cases it even blocked the rent payments of users, making housing stability an extra issue they had to face.
Users also described the shame and anguish the card brings—it makes them feel like they are being punished for being on welfare.
Today, our government is saying enough is enough—we are calling time on the Cashless Debit Card.
There is a better way. And it's why Prime Minister Anthony Albanese said removing this card would be central to our priority agenda if we were elected into government.
We are moving decisively to abolish the CDC in the first week of the new Parliament.
And we're doing it in a considered, deliberate manner.
It is critical that the transition away from the Cashless Debit Card is smooth, and people and communities continue to have access to supports that they need.
And that is exactly what this Bill—the first step to transition participants off the Card—will do.
This Bill will:
Our absolute priority is to ensure participants are supported through their transition off the Card in a safe and structured way.
This will be done through extensive communication and an outreach strategy so participants are well informed about the changes and what it means for them.
Information and education sessions will be held in each Cashless Debit Card site over the transition period with culturally appropriate information and support.
Services Australia will conduct individually targeted transitional support interviews for those who need it, or want this additional assistance, to make sure exiting participants are well informed on the options available to them. Not everyone will need this level of assistance—but this approach will ensure no one is left behind due to being forced onto this card by the former government.
As a government we will deliver on our positive, clear plan for a better future for our country guided by two fundamental principles:
No one left behind—being we should always look after the disadvantaged and vulnerable.
And no one held back—because we should always support aspiration and opportunity.
I want to be clear on two points. Firstly, there will be no requirement for a CDC participant to prove anything in order to move off the card. Second, every CDC participant will be transitioned off the card once this Bill passes the Parliament, and that the CDC will be abolished—it will no longer exist in any way, shape or form. The engagement with Services Australia is to ensure people have the support they might need to assist them with their transition.
Where participants require continued assistance with budgeting, transferring direct debits from their Cashless Debit Card or referrals to further support services—there will be help available including options for voluntary income management.
This Bill is not only the first step in the transition journey away from the Cashless Debit Card, but it is a significant milestone in the reform of cashless welfare in Australia.
Any measures we put in place as a government we want to ensure will help the people we are assisting.
Welfare support should not be seen as punitive. But should always return to our core principles of no one left behind and no one held back.
As a Labor Government, our government will aim to support the most vulnerable in our community and through income support, education, health, public housing and childcare we will make Australia a better place than when we came into government.
Extensive community consultation will continue on the broader question of income management, to explore the future of this and other support needs in communities in line with our core principles.
We will continue consulting with, and listening to, a wide range of stakeholders, including First Nations leaders, women's groups, service providers, communities and—importantly—people receiving welfare payments.
These diverse perspectives on local needs will strongly inform our next steps. Consultation is central to everything we as a government will do. We want to ensure changes or measures we implement are helping those who need it.
Our focus and our objective as a Government remains clear—to empower people and communities, and provide individuals in need with a range of supports that they can choose to use when, how and in a way that suits them best.
Restoring Territory Rights Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
That the Code for the Tendering and Performance of Building Work Amendment Instrument 2022, made under the Building and Construction Industry (Improving Productivity) Act 2016, be disallowed [F2022L01007].
The belligerent response and subsequent behaviour of—
speaks of a sense of entitlement and a recalcitrance to behaving as ordinary decent human beings.
The behaviour of uttering quite disgusting homophobic slurs has been consigned to the chapters of the dark history of Australia where the hurling of vitriolic insults which targeted a person's sexuality, race or religion were unfortunately tolerated as if such belittling and bullying was something that a victim just "had to cop". Those days are thankfully gone and only troglodytes would attempt to resurrect them.
… fit and proper persons to hold an entry permit pursuant to s 512 of the FW Act) to utter such slurs to bully and belittle a person simply must be deterred by all means available to a Court.
The ultimate goal is to add affordable child care to the list of universal services—alongside Medicare, the NDIS and superannuation—that Australians cherish.
Educators are leaving the sector in record numbers every week due to burn-out, workload and low pay.
Centres across the country are having to limit enrolments, close rooms and cancel staff leave.
Children and families are suffering due to the strain.
Overwhelmingly, the industry's some 51000 businesses are numerically dominated by small businesses, 'of which 53 per cent are non-employing owner drivers and 45 per cent are small businesses with 19 or fewer employees'.