The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) this Bill does nothing to address broader challenges for access to early learning in Australia, namely:
(A) child care service gaps in regional Australia, and
(B) early childhood education and care workforce shortages which prevent families from accessing the services they need; and
(ii) the Government's cheaper child care package, which costs $4.5 billion, does not add one additional place for families, and
(iii) early childhood education and care providers have already increased fees since the Government came to office and the additional demand placed on services as a result of this Bill will put further inflationary pressure on fees; and
(b) calls on the Government to ensure that the promised savings for families will not be eroded by higher fees due to the additional demand for services as a result of this Bill; and
(c) notes that the Bill commits to higher ongoing structural spending; and
(d) calls on the Government to manage its spending commitments to improve the budget while standing by their promise to deliver legislated targeted income tax relief".
I've been an early childhood educator for over 25 years and I'm now looking for another job not in child care as I'm so burnt out and over everything else I don't feel the quality of care is there anymore as I have so much paperwork we are just getting through the day.
We have always been taken for granted, and after all that we went through during covid and all its implications where we were essential, we still are not recognised for what we did. We're so tired of being undervalued, underpaid, and overworked, we are over our profession.
With the cost of living rising, educators are leaving every day, as it is near impossible to survive on the wages we receive. After over 20 years in the industry, I've lost my mojo, mostly to the pay but also educators well-being.
… a punitive measure introduced by the previous government more or less on ideological terms which said that only the deserving should get access to child care.
The Senate divided. [11:09]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that this Bill:
(i) only provides limited support for families that are currently paying exorbitant fees for early childhood education and care,
(ii) only makes modest changes to the activity test, which restricts access to early childhood education and care for the most disadvantaged children and families, and
(iii) does not do anything to address the workforce crisis; and
(b) calls on the Government to:
(i) make early childhood education and care universal and free, and
(ii) address the workforce crisis, including by immediately funding an interim wage supplement while taking action to ensure educators permanently receive better pay and conditions in the longer term".
The Senate divided. [11:13]
(The President—Senator Lines)
At the end of the motion, add ", and the Senate:
(a) notes that:
(i) this Bill will improve affordability of Early Childhood Education for Families,
(ii) workforce shortages are an important issue for the Early Childhood Sector, and
(iii) Treasury has forecast that this Bill will increase workforce participation, and therefore demand for of Early Childhood Education and Care will increase; and
(b) calls on the Government in the forthcoming Productivity Commission review to include consideration of activity requirements, education outcomes, addressing access for disadvantaged children and sector workforce requirements as part of its work".
(1) Clause 1, page 1 (line 6), omit " (Cheaper Child Care) ", substitute "(More Affordable Early Education and Care) ".
The committee divided. [11:27]
(The Temporary Chair—Senator Sterle)
(1) Clause 2, page 2 (table item 1), omit "3", substitute "4".
(2) Page 3 (after line 5), after clause 3, insert:
4 Review of this Act
(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.
(2) Without limiting subsection (1), the review must consider the impact of the amendments made by this Act on:
(a) the cost of child care fees and the loss of subsidies to price increases and inflation; and
(b) the creation of new and additional child care places; and
(c) changes to service gaps across Australia, particularly in rural, regional and remote Australia; and
(d) changes to Indigenous children's attendance, specifically any increase in the number of Indigenous children attending child care; and
(e) the number of early childhood educators and any workforce gaps; and
(f) any increase to the workforce participation rate; and
(g) any increases in productivity.
(3) The persons who conduct the review must consider both quantitative and qualitative research in conducting the review.
(4) The review must commence no later than 1 July 2024.
(5) The persons who conduct the review must give the Minister a written report of the review within 3 months of the commencement of the review.
(6) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
This article identifies the effects of maternal marketplace work in the initial months of an infant's life on the child's cognitive development. Results suggest that such work in the first year of a child's life has detrimental effects. Where significant, the results also indicate negative effects of maternal employment in the child's first quarter of life.
I think it's a ridiculous notion that women need to position themselves in a workplace in order to be valued and earn respect. The unfinished business of feminism is demanding respect for women in all their roles. Before becoming a mother I championed individual success and completely envisioned myself as a working mum. I was socially conditioned to expect this by the "women can have it all" movement and it made my transition to motherhood awkward as hell. When my first son turned one I felt a sense of urgency and panic that I should be getting back to work, that if I didn't go back now I'd never be allowed back in.
(1) Schedule 2, item 6, page 12 (lines 7 to 9), omit the item, substitute:
6 Division 4 of Part 8A (heading)
Omit " relating to large centre-based day care", substitute "in relation to financial information etc".
(2) Schedule 2, item 10, page 12 (line 21), omit "large child care".
(3) Schedule 2, item 10, page 12 (lines 23 and 24), omit subsection 203BA(1), substitute:
(1) A provider that is an approved provider at any time in a financial year must give the Secretary a report in accordance with subsection (2).
(4) Schedule 2, item 10, page 13 (after line 2), after paragraph 203BA(2)(b), insert:
(ba) if the provider carries on a business for profit—include the financial information set out in subsection (2A) in relation to the period that applies under paragraph (b) of this subsection; and
(5) Schedule 2, item 10, page 13 (after line 7), after subsection 203BA(2), insert:
For-profit providers required to provide additional financial information
(2A) For the purposes of paragraph (2)(ba), the financial information is the following:
(a) the total amount of the provider's profits or losses;
(b) the total amount of any dividends paid by the provider;
(c) details of expenditure attributable to staffing costs, including:
(i) remuneration of executives; and
(ii) salaries of staff employed, contracted or otherwise engaged by the provider; and
(iii) any other compensation paid to staff; and
(iii) training and development of staff; and
(d) the amount of expenditure attributable to investment in quality and inclusion for child care services provided by the provider;
(e) the amount of expenditure attributable to rental costs for premises used by the provider to provide child care services;
(f) details of any increases to fees charged by the provider for child care services;
(g) any additional information of a kind prescribed by the Minister's rules for the purposes of this paragraph.
(2B) The Minister's rules may prescribe methods for the purposes of calculating amounts mentioned in subsection (2A).
(6) Schedule 2, item 10, page 13 (lines 13 to 17), omit "large child care" (wherever occurring).
(7) Schedule 2, item 14, page 14 (lines 26 and 27), omit "if the approved provider is a large child care provider covered by paragraph 4A(1)(a) or (b)—".
(8) Schedule 2, item 14, page 14 (after line 30), after subsection 162B(1), insert:
(1A) The Secretary must, under subsection (1), publish information mentioned in paragraph (1)(d) (together with any related information mentioned in paragraph (1)(e)), or information included in a report mentioned in paragraph (1)(f), as soon as practicable after the information or report is given to the Secretary, together with information mentioned in paragraphs (1)(a), (b) and (c).
The committee divided. [12:26]
(The Chair—Senator McLachlan)
That the House of Representatives be requested to make the following amendment:
(1) Schedule 3, page 16 (line 1) to page 18 (line 31), omit the Schedule, substitute:
Schedule 3 — Abolishing the activity test
A New Tax System (Family Assistance) Act 1999
1 Subsection 3(1) (definition of activity test result )
Repeal the definition.
2 Subsection 3(1) (definition of child wellbeing result )
Repeal the definition.
3 Subsection 3(1)
Insert:
circumstances test result has the meaning given by clause 11 of Schedule 2.
4 Subsection 3(1) (definition of deemed activity test result )
Repeal the definition.
5 Subsection 3(1)
Insert:
deemed circumstances test result has the meaning given by clause 16 of Schedule 2.
6 Subsection 3(1) (definition of extended child wellbeing period )
Repeal the definition.
7 Subsection 3(1) (definition of low income result )
Repeal the definition.
8 Subsection 3(1) (definition of paid work )
Omit "(other than in paragraph 12(2)(a) of Schedule 2)".
9 Subsection 3(1) (definition of recognised activity )
Repeal the definition.
10 Subsection 3(1) definition of recognised activity result )
Repeal the definition.
11 Subsection 3B(1)
Omit "(other than in paragraph 12(2)(a) of Schedule 2)".
12 Subsec tion 3B(1) (note)
Repeal the note.
13 Clause 1 of Schedule 2 (method statement, step 1)
Repeal the step.
14 Clause 1 of Schedule 2 (method statement, step 5, paragraph (a))
Omit "activity-tested", substitute "circumstances-tested".
15 Clause 1 of Schedule 2 (method statement, step 5, paragraph (b))
Omit "activity-tested", substitute "circumstances-tested".
16 Clause 1 of Schedule 2 (method statement, step 6)
Omit "activity-tested", substitute "circumstances-tested".
17 Clause 1 of Schedule 2 (metho d statement, step 7)
Omit "activity-tested", substitute "circumstances-tested".
18 Clause 4 of Schedule 2 (heading)
Omit "Activity-tested", substitute "Circumstances-tested".
19 Subclause 4(1) of Schedule 2
Omit " activity-tested amount ", substitute "circum stances-tested amount ".
20 Subparagraph 4(1)(a)(i) of Schedule 2
Omit "activity test", substitute "circumstances test".
21 Subclause 4(2) of Schedule 2
Omit "activity test" (wherever occurring), substitute "circumstances test".
22 Clause 4A of Schedule 2 ( heading)
Omit "activity-tested", substitute "circumstances-tested".
23 Paragraph 4A(1)(a) of Schedule 2
Omit "activity-tested", substitute "circumstances-tested".
24 Subclause 4A(2) of Schedule 2
Omit " adjusted activity-tested amount ", substitute "adjusted circumstances-tested amount ".
25 Paragraphs 4A(2)(a) and (b) of Schedule 2
Omit "activity-tested", substitute "circumstances-tested".
26 Clause 8 of Schedule 2 (method statement, step 1)
Omit "activity test", substitute "circumstances test".
27 Cl ause 8 of Schedule 2 (method statement, step 4)
Omit "activity-tested", substitute "circumstances-tested".
28 Clause 8 of Schedule 2 (method statement, step 5)
Omit "activity-tested", substitute "circumstances-tested".
29 Clause 10 of Schedule 2 (heading)
Omit "Activity-tested", substitute "Circumstances-tested".
30 Subclause 10(1)
Omit " activity-tested amount ", substitute "circumstances-tested amount ".
31 Paragraph 10(1)(a) of Schedule 2
Omit "activity test", substitute "circumstances test".
32 S ubclause 10(2) of Schedule 2
Omit "activity test" (wherever occurring), substitute "circumstances test".
33 Part 5 of Schedule 2 (heading)
Repeal the heading, substitute:
Part 5 — Circumstances test
34 Division 1 of Part 5 of Schedule 2 (heading)
Omit "activity test", substitute "circumstances test".
35 Clause 11 of Schedule 2 (heading)
Omit "activity test", substitute "circumstances test".
36 Subclause 11(1) of Schedule 2
Omit " activity test result ", substitute "circumstances test result ".
37 Subparagraph 11(1)(b)(ii) of Schedule 2
Repeal the subparagraph, substitute:
(ii) the result worked out in accordance with paragraph (a) for the individual's partner in relation to the child.
38 Subclause 11(1) of Schedule 2 (table heading)
Repeal the heading, substitute:
Individual's circumstances test result
39 Subclause 11(1) of Schedule 2 (table items 1 and 2)
Repeal the items, substitute:
40 Subclause 11(1) of Schedule 2 (table item 4)
Repeal the item.
41 Subclause 11(5) of Schedule 2
Omit "activity test" (wherever occurring), substitute "circumstances test".
42 Clauses 12, 13 and 15 of Schedule 2
Repeal the clauses.
43 Division 2 of Part 5 of Schedule 2 (heading)
Omit "activity test", substitute "circumstances test".
44 Clau se 16 of Schedule 2
Omit "activity test", substitute "circumstances test".
45 Subclause 16(1) of Schedule 2
Omit " deemed activity test result ", substitute "deemed circumstances test result ".
A New Tax System (Family Assistance) (Administration) Act 1999
46 Subparagraph 67CE(1)(b)(ii)
Omit "activity test", substitute "circumstances test".
47 Subparagraph 105D(2)(a)(ii)
Omit "activity test", substitute "circumstances test".
48 Subparagraph 105E(1)(c)(ii)
Omit "activity test", substitute "circumstances test".
49 Subparagraph 108(5)(b)
Omit "activity test", substitute "circumstances test".
50 Paragraph 111(2A)(b)
Omit "activity test", substitute "circumstances test".
51 Paragraph 157(2)(k)
Repeal the paragraph.
52 Application of amendments etc.
(1) The amendments of the A New Tax System (Family Assistance) Act 1999 andA New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
(2) A reference to an individual's circumstances test result in the A New Tax System (Family Assistance) (Administration) Act 1999 , as amended by this Schedule, is taken, in relation to any period occurring before the start of the first CCS fortnight in the income year in which this item commences, to include a reference to the individual's activity test result, within the meaning of that Act as in force immediately before that commencement.
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (1)
Amendment (1) is framed as a request because it amends the bill to remove activity testing for the child care subsidy. The amendment would enable individuals to access up to the full 100 hours of subsidised child care per fortnight regardless of whether they have engaged in recognised activity such as paid work or study. This would result in increased payments of the child care subsidy.
The effect of the amendment would therefore increase the amount of expenditure under the standing appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999 .
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1 )
If the effect of the amendment is to increase expenditure under the standing appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
The committee divided. [12:42]
(The Temporary Chair—Senator McLachlan)
(2) Schedule 4, Part 2, page 21 (lines 1 to 24), to be opposed.
I'm passionate about making this place a better world for humans and animals alike.
There are many significant problems in the world, including world hunger, homelessness, violence and lack of biodiversity. But by far the most important is climate change.
Australia is an amazing country and we are all so fortunate to live in it.
But, it may not stay one. Our leaders need to understand what climate change is and take action.
It is no longer just plastic pollution but overuse of electricity, fossil fuel mining, vehicles, food production and so, so much more.
These things tragically result in multiple consequences such as weed and pest invasion, salt invasions, extreme temperatures etc., resulting in an unliveable climate for humans, plants and animals alike.
Australia can't stay this way and if we keep polluting it will just get worse. This problem is major and you can't ignore it.
We need to figure out further solutions and replacements for oil, gas, water and other resources.
But importantly, we need more government funding for this research to happen.
We created the problem so we can fix it together for a strong and healthy Australia. But the leaders of today need to have insight—see what is wrong and step up for what is right.
The solutions to problems of tomorrow are in the hands of the politicians today.
Imagine what Australia could look like—and feel like—within the next decade if Parliament listens to diverse perspectives and actively seeks out young people's assistance in decision making.
I believe there should be more opportunities and connections for young, First Nations, people of colour and LGBTQIA+ people to be involved in decision-making in Parliament.
Politicians have so much power over the legislation, laws, and opinions of Australians, however these views and opinions are often from the same types of people.
As young people, we cannot vote until we turn 18 but we have so much to contribute.
There is a stereotype that young people are uneducated on 'the real world' that I whole-heartedly disagree with.
Australia's youth have access to so many different resources that keep us informed and in touch with environmental and humanitarian problems we are facing.
We have so much knowledge and experience on what it's like to live in our modern-day Australian society. We question everything and have the determination to change things.
Our voices are so valuable if only people in power are willing to listen.
If only they are willing to work with us, not just for us.
With accessible channels open to communication, we could have a more wide-spread, current view on many topics and ensure they are actively resolved.
Creating a more equal, inclusive Australia, for the world to be inspired by.
Our voices hold so much value, and we are right here, ready for the opportunity to share that with Australia.
… we have made it very clear that we are interested in a temporary, meaningful, responsible, sensible intervention in the energy market …
That the Senate take note of the answers given by ministers to questions without notice asked today by Opposition senators today.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Cox today relating to climate change.
That leave of absence be granted to the following senators:
(a) Senator McAllister for today, on account of ministerial business; and
(b) Senator O'Neill from 21 to 24 November 2022, on account of parliamentary business.
That leave of absence be granted to the following senators:
(a) Senator Bragg for 21 and 22 November 2022, for personal reasons;
(b) Senators Hughes and Molan from 21 to 24 November 2022, for personal reasons; and Senator Ruston from 21 to 24 November 2022, for a parliamentary delegation.
That the Senate records its deep sorrow at the death, on 8 November 2022, of the Honourable Peter Keaston Reith AM, former Minister for Defence, Minister for Employment, Workplace Relations and Small Business and Minister for Industrial Relations, and former member for Flinders, places on record its gratitude of his service to the Parliament and the nation and tenders its profound sympathy to his family in their bereavement.
Australia is a lucky country. Let us not allow it to become a fool's paradise. We have the people and resources to build up this nation and I look forward optimistically to the Australia of the future and commit myself to working hard for its improvement.
However contested the outcome of the 1998 waterfront dispute may have been, it was undeniable that world ranking productivity replaced ruinous behaviour which severely damaged some of the most productive businesses in Australia.
He was peerless in pursuit of the reform objective, despite having a 24-hour security guard. He never wavered …
Initially he was ignored but eventually he was encircled by an increasingly angry—
crowd of burly miners and furious women denouncing his message. An imposingly big and snarling sort of man, Reith was undeterred and returned the crowd's hostility in kind, which eventually saw them disperse in disgust.
You could say, well, the government took a beating. Well, every government has taken a beating in the past on waterfront reform. We took a bit more beating than usual but, then again, we're the only ones who ever got anything done either.
However contested the outcome of the 1998 Waterfront Dispute may have been, it was undeniable that world ranking productivity replaced ruinous behaviour which severely damaged some of the most productive businesses in Australia.
He was peerless in pursuit of the reform objective … He never wavered … I always considered him the most impressive contributor in the cabinet among his ministerial colleagues—quick, creative, consistent, thoughtful, and well-informed.
A vision of a better Australia of course needs the confidence that one can make a contribution to bring such visions to reality. To that extent I am idealistic. I believe that if Australians work together and pursue common goals we can achieve a better Australia for all Australians. I do not doubt that honourable members on both sides of this House share a vision of Australia without poverty, where all Australians can have shelter, are well fed and clothed, can receive a good education and can reach their full potential in a country whose sovereignty remains inviolate.
Elected to the seat of Flinders in 1982, he served as a Member of the House of Representatives for more than 17 years. In his maiden speech, Peter described Flinders as 'one of the great places in Australia to live and enjoy'. He kept his promise of representing the people of Flinders to the best of his ability.
Peter served under Liberal leaders Malcolm Fraser, Andrew Peacock, John Hewson, Alexander Downer and John Howard. He was loyal to each leader as he was to his party, whether in government or opposition.
His analytical and sharp policy mind was reflected in the positions he held as a shadow minister, from industrial relations and education, to foreign affairs and defence, to education and sport, and more besides. Peter was a powerful and effective Manager of Opposition Business.
But his main achievements came under the Howard Government where he had ministerial responsibilities for industrial and workplace relations, small business, and defence. …
Peter's political legacy is extensive. He will be remembered most, however, for his fearlessness in the face of extreme union intimidation—especially by freeing up the waterfront to ensure Australia had a more productive, forward-looking economy. He was an architect of pivotal workplace reform which put the interests of employers and employees first.
I have lost somebody I admired a lot, who gave enormously to the Liberal cause … He was there to bring about change, and he was an unrelenting person when it came to change.
That the Industry Research and Development (Golden Beach Gas Storage Acceleration Program) Instrument 2022, made under the Industry Research and Development Act 1986 , be disallowed.
The Senate divided. [16:36]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Minister for Climate Change and Energy, by no later than midday on Monday, 28 November 2022, all documents of 23 May 2022 or later that relate to the definition of 'net zero' emissions and that are:
(a) briefing materials for the Minister for Climate Change and Energy;
(b) file notes or other internal documents of the Department of Climate Change,
Energy, the Environment and Water; or
(c) correspondence or records of other communication between the Minister for Climate Change and Energy and the Department of Climate Change, Energy, the Environment and Water, or between that department and other departments.
The Senate divided. [16:45]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Treasurer, by no later than 3 pm on Thursday, 1 December 2022:
(a) any briefing notes, file notes and emails provided by the Treasury to the Treasurer and/or to his office since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the Australian Competition and Consumer Commission (ACCC);
(b) any briefing notes, file notes and emails between the Treasury and the ACCC since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the ACCC; and
(c) any briefing notes, file notes and emails between the Treasurer and the ACCC since 30 May 2022 in relation to the reintroduction of the full fuel excise from 29 September 2022 and monitoring activities undertaken by the ACCC.
The Senate divided. [16:53]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on 25 November 2022:
(a) briefing notes, file notes and any written communication between the Treasurer and/or his office and any attendee of the Government's Jobs and Skills Summit in relation to the Government's Jobs and Skills Summit;
(b) briefing materials, file notes and any written communication produced by the Department of the Treasury that were provided to the Treasurer and/or his office in relation to the Government's Jobs and Skills Summit;
(c) any briefing materials, file notes and any written communication produced by the Department of the Treasury that were provided to the Treasurer and/or his office in relation to the agreed proposals or that came from the Government's Jobs and Skills Summit; and
(d) any correspondence, between the Treasurer and/or his office and any official from the Australian Council of Trade Unions, the Rail, Tram and Bus Union, the Construction, Forestry, Mining, Maritime and Energy Union, the United Workers Union, the Australian Workers Union, and Unions NSW between 18 August and 19 September 2022.
That there be laid on the table by the Minister representing the Minister for Employment and Workplace Relations, by no later than midday on 25 November 2022:
(a) briefing notes, file notes and any written communication between the Minister for Employment and Workplace Relations (the Minister) and/or his office and any attendee of the Government's Jobs and Skills Summit in relation to the multi-employer bargaining proposals;
(b) briefing materials, file notes and any written communication produced by the Department of Employment and Workplace Relations (the Department) that were provided to the Minister and/or his office in relation to the consultation on the Government's bargaining proposal;
(c) briefing materials, file notes and any written communication received by the Department that were in relation to the consultation on the Government's bargaining proposal;
(d) any briefing materials, file notes and any written communication produced by the Department that were provided to the Minister and/or his office in relation to the agreed proposals of that came from the Government's Jobs and Skills Summit; and
(e) any correspondence, between the Minister and/or his office and any official from the Australian Council of Trade Unions, the Rail, Tram and Bus Union, the Construction, Forestry, Mining, Maritime and Energy Union, the United Workers Union, the Australian Workers Union, and Unions NSW between 18 August and 19 September 2022.
The Senate divided. [16:58]
(The Acting Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Minister for Employment and Workplace Relations, by no later than midday on 25 November 2022:
(a) briefing notes, file notes and emails between the Minister for Employment and Workplace Relations (the Minister) and/or his office and any stakeholder in relation to Government's Secure Jobs, Better Pay Bill, announced by the Minister on 10 October 2022;
(b) briefing notes, file notes and emails between the Minister and/or his office and the Prime Minister, and/or his office in relation to the Government's Secure Jobs, Better Pay Bill;
(c) briefing materials produced by the Department of Employment and Workplace Relations that were provided to the Minister and/or the Minister's office in relation to the Government's Secure Jobs, Better Pay Bill, announced by the Minister on 10 October 2022, for the use of consultation;
(d) all briefing notes, file notes, emails and stakeholder submissions views that were collated in relation to Departmental consultation on the Government's Secure Jobs Better, Pay Bill and
(e) briefing materials produced by the Department of Employment and Workplace Relations that were provided to the Minister and/or the Minister's office in relation to the Government's Secure Jobs, Better Pay Bill.
The Senate divided. [17:05]
(The Acting Deputy President—Senator McLachlan)
That—
(a) the Senate notes that, as at 3 pm on 18 November 2022, there were 103 overdue questions on notice; and
(b) there be laid on the table by the Leader of the Government in the Senate, by no later than 5:00pm on Monday, 28 November 2022, answers to all 103 overdue questions on notice.
The Senate divided. [17:09]
(The Deputy President—Senator McLachlan)
Pursuant to standing order 75, I give notice that today the Australian Greens propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
That Vanuatu's Climate Minister, Ralph Regenvanu, would only back Australia's bid to host the 2026 COP if Australia doesn't commit to any new coal or gas handouts, yet Labor's first budget has $1.9 billion to open up a new LNG terminal and petrochemical hub in Darwin Harbour"
That, in the opinion of the Senate, the following is a matter of urgency:
That Vanuatu's Climate Minister, Ralph Regenvanu, would only back Australia's bid to host the 2026 COP if Australia doesn't commit to any new coal or gas handouts, yet Labor's first budget has $1.9 billion to open up a new LNG terminal and petrochemical hub in Darwin Harbour.
The Senate divided. [17:45]
(The Acting Deputy President—Senator Fawcett)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Albanese Government's broken promise to deliver cost of living relief in the Budget, including by bringing down energy prices by $275.
Making Australia a renewable energy superpower is the fastest way to cut pollution and the most effective way to act on climate change.
But it's also the best way to cut power bills for families and businesses—saving families $275 a year.
Treasury has assumed retail electricity prices will increase by an average of 20 per cent nationally in late 2022, contributing to higher forecast CPI in 2022-23. Given forward wholesale contract prices for electricity remain elevated, retail electricity prices are expected to rise by a further 30 per cent in 2023-24.
The cost of living has gone through the roof. Everyday necessities—it's the difference between buying frozen vegetables or having fresh vegetables … I currently walk most places because the cost of fuel has gone through the roof, and I get a lift to and from work with my fellow workmates.
I work at CUB, Carlton & United Breweries, here in Melbourne, as a shift electrician. I've been there 30 years.
When your wages and conditions are reduced by 65 per cent, your whole life changes; your world crumbles; you just fall apart—just like that.
We need the negotiation process to hurry up. It's too slow—it's far too slow.
… … …
We have no power … This legislation is a way to change things and make things better for employees.
… those are the things that our government managed to achieve, with strong economic growth in our last year in office, with unemployment down to 50-year lows, creating the conditions for economic growth to help to drive productive wages growth.
That the Senate take note of the documents listed between 1 and 109.
That the Senate take note of the document.
Emergency Response Fund Amendment (Disaster Ready Fund) Bill 2022
Social Services and Other Legislation Amendment (Workforce Incentive) Bill 2022
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.
Emergency Response Fund Amendment (Disaster Ready Fund) Bill 2022
Today, I introduce the Emergency Response Fund Amendment (Disaster Ready Fund) Bill 2022.
We know that due to climate change, Australia is facing longer and more intense natural disaster seasons.
We have already seen the devastating consequences of not being prepared when unprecedented natural disasters hit, like Black Summer and the recent floods in South East Queensland and New South Wales.
The Morrison Government failed to prepare for these events. They ignored warnings in the lead up to Black Summer, and left their $4.8 billion Emergency Response Fund untouched for years.
Over three years, Scott Morrison's Emergency Response Fund didn't complete a single mitigation project or release a cent in recovery funding, while earning his Government over $800 million in interest.
In this year's Election, Labor committed to changing that, by creating the Disaster Ready Fund from the Morrison Government's failed Emergency Response Fund.
We committed to improve Australia's disaster readiness by investing up to $200 million per year on disaster resilience and mitigation projects.
The Disaster Ready Fund Bill makes good on this commitment. The Bill will transform the former Government's failed Emergency Response Fund into a dedicated ongoing source of funding for natural disaster resilience and risk reduction initiatives.
The Bill will allow the new Disaster Ready Fund to provide up to $200 million per year for natural disaster resilience and risk reduction initiatives. To ensure this level of funding remains appropriate, this limit will be reviewed at least every five years. If it is determined that the limit should be changed, the responsible Ministers will have the flexibility to do this through a disallowable legislative instrument. Prior to making a legislative instrument, the Future Fund Board of Guardians will be consulted to confirm that any proposed adjustment will not impact the Board's ability to continue to comply with its obligations under the Disaster Ready Fund Act and the Disaster Ready Fund investment mandate. The responsible Ministers will consult the Minister for Emergency Management as part of this process.
Funding for natural disaster recovery efforts will continue, most notably under the Australian Government-State Disaster Recovery Funding Arrangements 2018. These arrangements provide for disaster recovery funding to be delivered through state and territory agencies to disaster affected communities. This, along with the recent appointment of Senator Tony Sheldon to the new role of Special Envoy for Disaster Recovery, demonstrates the Government's commitment to strengthening disaster recovery and emergency management.
Dedicating the Disaster Ready Fund to natural disaster resilience and risk reduction will provide a clearer distinction between the different funding sources for recovery and resilience and enhance the focus on building resilience to future natural disasters.
In saying that, the Government will honour the 2022-23 Emergency Response Fund commitments announced by the former Government, including the recovery elements. This will ensure that important resilience programs, such as the $50 million Coastal and Estuarine Risk Mitigation Program which is designed to reduce the impacts of natural disasters and coastal hazards such as storm surges and coastal inundation, can achieve their objectives. The Bill will also allow the Government to provide the $150 million announced for 2022-23 to fund recovery and post-disaster resilience measures in the Northern Rivers region of NSW.
To ensure that these commitments can be met while also promoting the long term sustainability of the Disaster Ready Fund, the Government will make new commitments to fund natural disaster resilience and risk reduction initiatives from the Fund from 1 July 2023.
On 1 September 2022, the new National Emergency Management Agency was established, merging the functions of Emergency Management Australia and the National Recovery and Resilience Agency. The Agency is administratively responsible for all disaster related functions including expenditure from the Disaster Ready Fund. To facilitate this change, the Bill will transfer responsibility for Disaster Ready Fund expenditure to the new Agency.
Combining the functions of the Emergency Management Australia and the National Recovery and Resilience Agency ensures that all natural disaster programs and funding, including under the Disaster Ready Fund can be administered effectively and efficiently to strengthen Australia's ability to prepare for, manage and recover from an increasing number and severity of natural disasters.
The Bill will also streamline arrangements for transfers from the Disaster Ready Fund Special Account and make administrative improvements to the operation of the Fund, consistent with other Australian Government investment funds.
In summary, this Bill makes important amendments to ensure that Australia is appropriately funded for natural disaster resilience and risk reduction initiatives. Investing up to $200 million per year on resilience projects was recommended by the Productivity Commission in its report into natural disaster and is supported by insurers, local governments and disaster relief bodies. The Bill provides the flexibility to change this limit, if appropriate, while promoting the long term sustainability of the Disaster Ready Fund. The amendments made by the Disaster Ready Fund Bill will improve the Australia's disaster readiness into the future.
An Albanese Government will be better prepared to respond to, recover from and prepare for natural disasters. The establishment of the Disaster Ready Fund is a crucial step in this.
Social Services and Other Legislation Amendment (Workforce Incentive) Bill 2022
As has been widely reported in public forums, and is understood by this Government, businesses across Australia are experiencing skills and labour shortages that are constraining productivity and economic growth. In response to the challenges many global economies are facing, the Albanese Labor Government is implementing a range of policies designed to address the labour market issues the country is facing to boost productivity and address underemployment. In early-September, at the Jobs and Skills Summit, our Government announced 36 immediate actions to build a bigger, better-trained and more productive workforce—to help deliver secure jobs with growing wages, boost incomes and living standards and create more opportunities for more Australians. If we are to truly unlock the full potential for our country and address our labour shortages, we need to take seriously that there are many who continue to be excluded from the labour force but want to join.
The Jobs and Skills Summit presented an enormous opportunity to examine potential solutions, and in the lead up to the Summit, the Albanese Government was continually consulting across portfolios on the ways and means that we could unlock workforce participation for those who wanted to work, or work more, but were finding barriers or penalties to their doing so. During this consultation, stakeholders and peak bodies representing older Australians advised that many age pensioners (and other pensioners over Age Pension age) are motivated to contribute to the workforce and are an underutilised group who may be willing to assist in addressing current shortages.
At present, only around 3 per cent of age pensioners earn income from employment. By providing incentives and increasing opportunities to work more without penalty, even a marginal increase in the number of older Australians in work will benefit individuals and businesses.
The measures in this Bill are purposefully designed to further strengthen the existing incentives for pensioners over Age Pension age to take up work, or increase the number of hours they work, if they wish to do so.
Through the social security income test, with its income free area and proportional withdrawal rate, combined with the Work Bonus, pensioners are better off financially if they earn additional income, rather than relying solely on income support.
Pensioners are able to earn an amount of income before their pension begins to be reduced—the income free area. For each dollar of income over the income free area, the single pension is reduced by 50 cents. For couples, each individual pension is reduced by 25 cents a fortnight for each dollar of income the couple has over the income free area.
In addition, the Work Bonus allows pensioners over Age Pension age to earn an extra $300 per fortnight from work before the income test is applied. The combination of the income free area and Work Bonus means a single age pensioner, with no other income, could earn up to $490 per fortnight from work before their payment begins to reduce.
Pensioners are able to build up any unused amount of the $300 fortnightly concession in a Work Bonus income bank. This amount can be used to exempt future earnings from the pension income test. This means a pensioner could choose to do intermittent or seasonal work, and still benefit from the Work Bonus. At present, the maximum Work Bonus income bank balance a person can accrue is capped at $7,800.
This Bill delivers on one of the key outcomes from the Jobs and Skills Summit. From commencement until 31 December 2023, age pensioners, Disability Support Pension and Carer Payment recipients over Age Pension age, as well as certain veterans' entitlement recipients over qualifying age, will have $4,000 credited to their Work Bonus income bank. The maximum Work Bonus income bank will increase accordingly, taking the maximum balance from $7,800 to $11,800 until 31 December 2023.
Eligible pensioners who are currently working and have already benefited from the full value of the Work Bonus concession will have their income bank topped up by $4,000, taking it from zero to $4,000.
Eligible pensioners who do not currently work and already have the current maximum income bank balance of $7,800, will also have their income bank topped up by $4,000. Until 31 December 2023, they will be able to have a maximum income bank balance of $11,800.
Because the $4,000 increase will be added to each eligible pensioner's Work Bonus income bank up front, every pensioner will be able have an extra $4,000 of employment income disregarded from the income test from the start of this measure.
The Bill will also give age pensioners and those receiving equivalent Department of Veterans' Affairs payments, increased flexibility to move more easily between the pension and periods of work.
Under this measure, age pensioners with employment income, whose total income exceeds their income limit, will be able to easily resume their Age Pension payments if they become payable again within 2 years, without having to do a full re-application.
This legislation, once passed will enable a streamlined, simple process to accommodate pension recipients' flexibility in their approaches and choices to work.
At the moment, after 12 weeks at a nil rate of payment, those who are working can only resume their Age Pension payments if they complete a full re-application. This Bill will allow Services Australia (Centrelink) to suspend, instead of cancel a person's Age Pension, for up to 2 years if their payment is reduced to nil and they have some employment income.
Suspending instead of cancelling the person from payment ensures that the person can benefit from an abridged re-application process if at any time during the two-year period their income is at a level where they are no longer precluded from payment.
To enable a person to be paid their correct pension entitlement, the shorter, simpler process will confirm their current circumstances, including their income and assets information. This means Age Pension payments can be resumed quickly and efficiently.
In addition, we know pensioners value their concession cards and even if they are able to work, older Australian often have additional medical needs. To support their ongoing care and cost of living, we are also extending the time a person can keep their Pensioner Concession Card (PCC) while their payments are suspended. The PCC provides access to a range of Commonwealth health concessions, including cheaper prescriptions under the Pharmaceutical Benefits Scheme.
Currently, age pensioners who earn above the income limit keep their PCC for 12 weeks. Disability support pensioners who work more than 30 hours or have income (including some from employment) above the limit retain their card for 52 weeks. This Bill will increase and align the amount of time age pensioners and disability support pensioners are able to retain their concession card to 2 years.
When a recipient of Age Pension, Disability Support Pension or certain veterans' entitlements is employed and has sufficient income that a pension is no longer payable, and their partner is also a pensioner, they will both keep their PCC for 2 years. Both will also be able to easily resume their pension payments within the two-year period if their income reduces to the point they become payable again.
We know that participating in work improves one's quality of life, with financial and non-financial benefits. For pensioners, this could mean a higher standard of living, stronger social connections, staying mentally active and keeping physically fit. Businesses also stand to benefit from the skills and experience of older Australians, particularly in the context of current labour shortages.
We value the contribution that all senior Australians have made, and continue to make, to our economic and social wellbeing, and we encourage those pensioners who still wish to contribute to the workforce, to do so.
That resumption of the debate be made an order of the day for a later hour.
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022
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.
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
For nearly 10 years, wages were kept low as a deliberate design feature of the previous government's management of the economy.
Insecure work was encouraged, with no regard to the households crying out for security.
Institutions were established, and appointments made, with the intention of increasing conflict rather than bringing people together.
The introduction of this bill is about making a choice.
A choice to get wages moving and end the era of deliberate wage stagnation.
A choice to act to close the gender pay gap and take long-overdue steps to put gender equality at the heart of our workplace laws.
A choice to improve job security.
A choice to wind up institutions which were established with a political agenda to promote conflict.
At a time when the pressures of global inflation are hitting every household, our workplace laws are simply not up to date.
Cost of living is about the gap between income and prices. No-one can seriously claim to care about the cost of living if they support continued wage stagnation. Today, inflation is running at 7.3 per cent and wages are at 3.1 per cent. Every day the impact of a decade of wage stagnation is felt by households trying to make ends meet.
The urgency of getting wages moving is most acute in feminised industries. The gender pay gap still sits at an unacceptable 14.1 per cent.
For a decade we were told low unemployment would create the hydraulic pressure which would push up wages. We now have sustained low unemployment. Yet wage growth remains unacceptably low. The hydraulic pressure is there, but there are leaks in the pipes. This bill starts to plug those leaks, so wages can start moving again.
To promote job security, to close the gender pay gap, to get wages moving—we need to change the law.
In the design of these reforms, we have deliberately focused on the needs of lower-paid and feminised workforces.
Loopholes which have hindered job security and wage growth have appeared in the Fair Work Act over the past decade.
Years ago, job security was simply defined across the economy as the difference between being a casual or a permanent employee. Job insecurity now has many faces. We see it in the gig economy, labour hire, new forms of insecurity for part-time employees, and rolling fixed-term contracts which effectively amount to a permanent probation period for employees. We see it where casual loading has not been a sufficient incentive to promote secure jobs.
All legitimate forms of employment have their place. All will continue to exist. But where there is abuse, we must curtail it. Where loopholes have arisen in legislation, we must close them.
Despite a record low unemployment rate of 3.4 per cent, inflation is fast outpacing wages growth and workers are falling behind.
Businesses are struggling to attract workers, and to retain those they already have.
Australia's current workplace relations framework is not working to deliver a fair go for workers, or productivity gains for employers.
The Albanese Labor Government wants to see a strong economy that delivers for all Australians. We want to see more workers in good jobs: jobs with security, fair pay and proper protections. We want workers to have a pathway to a better life and businesses to thrive.
For this, we need fair, effective and up-to-date laws.
Australians have asked for change. They have asked for less conflict and fairer pay. They have asked for a better future for themselves, and for their families.
It will take time for this bill to result in improvements in workplaces and pay increases in the pockets of Australians, so we cannot waste a moment in passing it.
The Government has consulted closely with businesses and unions in the design of these reforms.
The measures in the bill will now be outlined in detail.
Gender equality
Australian women are among the most educated in the OECD; and are participating in the workforce in significant numbers. Yet over the period from 1983 to date, successive governments have only been able to close the gender pay gap by 5.1 percentage points.
Some of the most undervalued workers in our country are workers in female-dominated industries. Many are the very workers who put their health and safety on the line to guide us through the shutdown period of the pandemic. Workers in health care, aged care, disability support, early childhood education and care, the community sector, and other care and service sectors.
Work in these industries is undervalued because of unfair and discriminatory assumptions about the value of the work and the skill required to do the job.
This undervaluation is one of the biggest causes of the gender pay gap and our reforms take a number of key steps to address it.
Objects
Gender equality is at the very heart of our government's agenda; and this bill will place gender equality at the very heart of our Fair Work system—where it belongs.
Under our reforms, gender equality will be included as an overarching object of the Fair Work Act, in the modern awards objective and in the minimum wages objective.
The term gender equality aligns with the terminology used in the International Labour Organization's Discrimination (Employment and Occupation) Convention and the Convention on the Elimination of All Forms of Discrimination against Women and reflects the Government's policy intention to achieve equal outcomes, as well as equal treatment. The Government would like to thank the Member for Goldstein, the Member for Melbourne, Professor Sara Charlesworth, Associate Professor Meg Smith for their strong advocacy on this matter.
These amendments will embed gender equality as a central goal of our workplace laws; and set a clear expectation that the Fair Work Commission must take into account the need to achieve gender equality when performing all its functions—when setting the minimum wage; when considering changes to awards; and in all other decisions it takes.
Equal remuneration and expert panels
It shouldn't be impossible for working women in undervalued industries to win a pay equity claim before the Commission; but currently it is.
Our laws have placed insurmountable hurdles in the path of workers seeking equal pay over many years. Our early childhood educators, for example, were unable to win a pay rise in 2021 because they were unable to find an appropriate male comparator group. Because there is no male comparator. It's an impossible task.
The work of our early childhood educators is essential to the successful development of our children and our nation. It should be valued on its own merits, free of discriminatory assumptions based on the gender of the people who perform the work.
Over the years there have been many important milestones in the long fight to win equal pay for women: the national minimum wage and equal pay cases of 1969 and 1972; the passage of the Sex Discrimination Act in 1984; the establishment of the Workplace Gender Equality Agency in 1986, and improvements in the Fair Work Act in 2009.
The reforms in this bill are intended to reverse decades of unfair outcomes for women workers, by removing the need to find a male comparator and making clear that sex discrimination is not necessary to establish that work has been undervalued.
To support these changes to our laws, the Government announced $20 million in the budget to establish a Pay Equity Expert Panel and a Care and Community Sector Expert Panel, with a dedicated research unit, in the Fair Work Commission. These changes will commence three months after the Bill is passed to allow additional time for the Fair Work Commission to be ready to implement these reforms.
These changes are further complemented by our reforms providing greater access to bargaining for lower-paid and feminised sectors through the supported bargaining stream, which will help workers to negotiate better pay and conditions for themselves.
The historic reforms in this bill are the result of decades of courageous and tireless campaigning by women workers and their unions, gender equity advocates and academics who have simply refused to accept that certain types of work should be valued less by our society, simply because it is work done by women.
From the public servant Louisa Dunkley campaigning for and winning equal pay in 1895; to the factory worker Zelda D'Aprano chaining herself to the doors of Melbourne's Commonwealth building in October of 1969; to the historic victory of the Australian Services Union winning equal pay for community sector workers in 2012.
The Government acknowledges the work of our Labor colleagues who have championed this reform over many years: the Minister for Women, Senator the Hon Katy Gallagher; her predecessor the Member for Sydney the Hon Tanya Plibersek MP, who made a number of the election commitments that are in this bill, and many other members of caucus—past and present.
The Government also acknowledges the leading work of the states, including Queensland, in developing pay equity principles on which provisions in our bill are closely modelled.
These changes will have a great impact on peoples' lives. Childhood educators, some of whom have spent more than 40 years in the industry, are often incredibly passionate about the job they do, but they struggle constantly with staffing shortages due to inadequate pay and conditions in the sector. These people have been waiting for a lifetime for their essential work and the work of their colleagues to be properly valued. They should not have to wait any longer.
Pay secrecy
Workers who want to have a discussion about pay equity at work should not be prohibited by their employment contracts from doing so.
This bill will prohibit pay secrecy clauses, bringing transparency to workplaces.
Critically, this bill protects workers by saying if you want to tell someone how much you are paid, that's up to you.
Prohibiting sexual harassment
Stamping out workplace sexual harassment is central to achieving safe, productive and gender equitable workplaces.
Under the previous government's laws, there was no express prohibition on sexual harassment under the Fair Work Act; and Stop Sexual Harassment Orders were only available to some workers.
We will fix these issues.
Our changes mean that whether you're a nurse in Tamworth, a plumber in Perth, or an office worker in Canberra, you can ask the Fair Work Commission to deal quickly and effectively with your complaint of sexual harassment in the Fair Work Commission—whether the harassment occurred in the past or is ongoing, or both. The new provisions also allow the Fair Work Ombudsman to investigate and assist with compliance.
These changes send a clear message that workplace sexual harassment will not be tolerated.
These reforms fully implement recommendation 28 of the Respect@Work Report, complementing the Attorney-General's proposed reforms to the Sex Discrimination Act. The bill clarifies that the Fair Work Commission's new sexual harassment jurisdiction will operate concurrently with existing state and territory jurisdictions.
This bill means that all legislative changes recommended by Respect@Work are now before the parliament.
This bill also strengthens the Fair Work Act's anti-discrimination protections, bringing it into line with other Commonwealth anti-discrimination laws.
Flexible working arrangements
Too many Australians are struggling to manage their work and care responsibilities. This is damaging families, communities, and our national economy.
Women still carry the main responsibility for caring work; and are more likely to request flexible work arrangements. In order to access the flexibility they need to manage work and care, they are often forced to drop out of the workforce, or to take lower-paid or less secure employment. This plays a major role in widening the gender pay gap. We want families to have better access to flexible work, so they can better share and manage their caring responsibilities.
Under our current laws, an employee can ask for flexible work, but if their employer says no, they've got nowhere to go.
The problem is starkly illustrated by the recent report by the Social Policy Research Centre at the University of New South Wales, commissioned by the Shop, Distributive and Allied Employees Association, called Who cares? , which outlines the damaging collision between work, family and caring arrangements for Australia's retail, fast food and warehousing workers.
The essential contribution of these workers meant we could all access food and other necessities during lockdown periods of the pandemic.
Yet the harrowing stories in this report show these workers are stressed out, exhausted and barely able to manage their family responsibilities. Alarmingly, the report shows that the children of workers in this industry are struggling to access early childhood education and care; essential for their development and future success.
These types of stories are unacceptable.
The findings of Who cares? are supported by the Senate Select Committee on Work and Care, chaired by Senator Barbara Pocock, which finds that 'current workplace laws and cultures are not designed to recognise or support working carers, with the needs of people balancing work and care being easily ignored or overlooked'. The interim report recommends access to flexible work as a key area for reform.
Flexible working arrangements not only help parents and carers but also provide job security and an economic lifeline to employees with disability, older Australians, and workers experiencing family and domestic violence.
We will make two key changes to the law to support flexible work.
We will bring employers and employees together in workplaces in the first instance to have a genuine discussion about flexible work.
And if agreement can't be reached at the workplace level, we will give the Fair Work Commission the power to resolve the dispute.
Job security
Fixed term contracts
More than half of all employees engaged on fixed term contracts are women; and more than 40 per cent of fixed term employees have been with their employer for two or more years.
This bill will limit the use of fixed term contracts for the same role beyond two years or two consecutive contracts, whichever is shorter, including renewals. If these rules are breached, the term of the contract that provides for its expiry on a set date will be of no effect, but otherwise the contract will be valid. The provisions allow employers to use fixed term contracts for legitimate purposes, while providing appropriate protections to employees.
The Bill also includes strong and effective anti-avoidance provisions.
We have delayed the commencement of these provisions for up to 12 months to continue consultation to ensure the provisions are fair, workable and effective.
Stronger protections for workers
The bill gives effect to recommendations of the 2019 Migrant Workers' Taskforce.
The bill being introduced today would not have been possible without the advocacy of migrant workers and their unions.
It will now be unlawful to advertise a job for less than the applicable minimum rate.
Secondly, the bill will provide greater ability to recover unpaid entitlements, by increasing the cap on small claims under the Fair Work Act from $20,000 to $100,000. The current low threshold forces many workers to pursue pay claims through a full court process which can be expensive, time consuming and complex.
In addition, the Bill will require the Fair Work Ombudsman and Fair Work Commission to have regard to the need for guidelines, other materials and any community outreach to be available in multiple languages. This will help ensure workers from culturally and linguistically diverse backgrounds can access the resources and assistance they need. I acknowledge the Member for Fowler for her ongoing advocacy.
Firefighters
The bill will also fix a loophole the previous government failed to address by including ACT volunteer firefighters in the presumptive liability provisions. We will also add malignant mesothelioma to the list of presumptive cancers for firefighters, and lower the qualifying period for oesophageal cancer from 25 to 15 years. The bill confirms and clarifies access to these provisions for volunteer firefighters.
This is unfinished business and we will continue to consult to ensure our laws provide firefighters and all first responders with better access to the compensation they deserve for work related injuries and illnesses.
The Government acknowledges the advocacy of Mr Brett McNamara, an ACT government firefighter, who has been lobbying for changes to the law. We also acknowledge the representations that have been made to the Government from our parliamentary colleagues who represent the ACT, as well the United Firefighters Union and the ACT Volunteer Brigades Association.
Reducing barriers to bargaining
Australia's bargaining system is not working effectively and hasn't worked effectively for a long time. Bargaining delivers simpler and more tailored workplace arrangements, productivity improvements for businesses, and higher weekly earnings for workers compared with those on awards.
Only around 15 per cent of employees are covered by an agreement that is in date.
The bill enacts commitments made at the Jobs and Skills Summit in September.
Reforms will remove unnecessary limitations from the existing framework. Multi-employer bargaining is already contemplated by the act through three streams—single interest, multi-employer and low paid. The problem is it isn't working.
We're not creating new streams of bargaining; we are varying the existing streams to make them work and to get wages moving.
The prohibition already in the act on pattern bargaining will remain.
The bill clarifies that the general building and construction industry is not covered by the multi-employer bargaining streams.
Bargaining at the enterprise level delivers strong productivity benefits and is intended to remain the primary and preferred type of agreement making. This is why the bill contains safeguards to ensure that those that already bargain at the enterprise level can continue to do so. For employees and employers that have not been able to access the benefits of enterprise level bargaining, these reforms will provide flexible options for reaching agreements at the multi-employer level. This is intended to deliver more equitable and inclusive wage outcomes which benefit more Australians.
A stronger role for the Fair Work Commission
The bill will allow the Fair Work Commission to resolve intractable disputes through arbitration, where there is no reasonable prospect of agreement being reached.
These changes are intended to provide a strong incentive for good-faith negotiations, reduce the time for enterprise agreements to be finalised and allow for quicker resolution of intractable disputes.
Agreement terminations
The bill will limit the circumstances in which an agreement can be terminated by the Fair Work Commission if the application has been made by only one party, rather than by consent.
To address this challenge, when determining unilateral applications for termination of agreement, the bill requires the Fair Work Commission to consider whether bargaining is underway and whether the termination would adversely affect employees' bargaining position.
The Commission will have the capacity to terminate an agreement where its continued operation would pose a significant threat to the viability of the employer's business, and termination would likely reduce the potential of job losses, and the employer guarantees to pay employees the relevant termination entitlements.
The Fair Work Commission must also be satisfied that it is appropriate in all the circumstances to terminate the agreement.
Termination of zombie agreements
The bill will return balance and fairness to the system by sunsetting enterprise agreements that are out of step with the wages and conditions provided in modern awards. It's inconceivable that in 2022 there are agreements that still exist which lock in terms and conditions back to the WorkChoices days.
Sunsetting 'zombie agreements' will mean businesses need to pay the minimum entitlements provided for in awards, to benefit workers and level the playing field.
Simplifying the better off overall test
We'll make the better off overall test simple, flexible and fair.
There's consensus that approval requirements for enterprise agreements are onerous, complex and unnecessarily prescriptive.
We'll make key changes to fix this.
First, the concept of 'prospective award covered employees' is removed for enterprise agreements that are not greenfields agreements. For the majority of proposed enterprise agreements, the test will be applied in relation to actual workers, and patterns and types of work that are reasonably foreseeable.
The bill will restore the original intent of the test as a global, rather than line-by-line, comparison against the modern award.
And, thirdly, if there is a common view that the employer and union have that the agreement passes the test, the Commission will give primary consideration to that view.
Finally, as an important safeguard, the bill includes a process to allow employees or their representatives to reassess the test in relation to circumstances that the Commission did not have regard to at the time.
Commencement of these changes will be delayed to align with the multi-employer bargaining changes and close technical loopholes to further safeguard workers.
This makes sure that no worker will be worse off.
Simplifying approval requirements
Building on these reforms, we'll also remove complexity by streamlining Commission approval of an agreement, while retaining strong protections to ensure employees are not disadvantaged.
Initiating bargaining
In addition, to encourage employers and employees to remain within the single enterprise bargaining stream, a bargaining representative will be able to commence bargaining if no more than five years have passed since the nominal expiry date of a single enterprise agreement, and a proposed new agreement will cover the same or a similar group of employees as the earlier agreement.
Supported bargaining stream
The bill will rename and remove barriers to access the existing low-paid bargaining stream, with the intention of closing the gender pay gap and improving wages and conditions in sectors such as community services, cleaning, and early childhood education and care, which have not been able to successfully bargain at the enterprise level.
Unnecessary hurdles to entry in the current low-paid stream will be replaced by a broad discretion for the Fair Work Commission to consider the prevailing rates of pay in the industry, including whether workers in the industry or sector are low paid.
The Commission must also be satisfied that employers who would be covered by a supported bargaining authorisation have clearly identifiable common interests, for example, whether or not they are substantially funded, directly or indirectly, by the Commonwealth, a state or a territory.
Single-interest bargaining stream
Under the existing single-interest employer authorisation stream, employers who are not franchisees need to obtain the permission of the Minister for Employment and Workplace Relations. It's unnecessary red tape.
Under our changes, employers in the single-interest stream must have clearly identifiable common interests and the Fair Work Commission must be satisfied that it is in the public interest.
There has been a significant focus on the impacts that these changes may have on businesses in the past weeks. To be clear, the bill requires that the Fair Work Commission apply both a common interest and public interest test when considering including employers in the single-interest stream, and small business cannot be included unless they consent. The provisions also ensure that businesses with a history of effective bargaining can continue to do so.
The bill provides that voting in the single interest bargaining stream in relation to majority support determinations, protected action ballots and agreement approval occurs on an employer-by-employer basis.
We want to see businesses competing on quality, on innovation, on product and service offerings—not on who can pay the lowest wage. If we are going to get wages moving, we need to stop the race to the bottom.
Cooperative bargaining stream
The cooperative bargaining stream reframes and retains the existing multi-employer stream in the Fair Work Act; and is open to all businesses.
It's entirely voluntary. Note there's no industrial action in that stream. Conciliation and arbitration are by consent.
Bargaining assistance from the Commission can be accessed on the request of the parties.
Fair work institutions
The government is committed to fairness and integrity, and this extends to the agencies that regulate workplace relations matters.
The Australian Building and Construction Commission and the Registered Organisations Commission are ineffective and discredited institutions, more concerned about prosecuting workers and their representatives than tackling rampant wage theft or addressing workplace safety, or educating and promoting good workplace relations.
This bill will abolish the ABCC and the Registered Organisations Commission. The Fair Work Ombudsman will be the workplace relations regulator for all industries and the general manager of the Fair Work Commission will be the regulator on registered organisations.
National Construction Industry Forum
The Bill establishes a statutory National Construction Industry Forum. In line with the Jobs and Skills Summit outcomes, the Forum will provide advice to Government on industry culture, gender equity and other matters in the building and construction industry.
Conclusion
These reforms reflect our vision for a fairer, safer and more inclusive Australia.
This bill is just the start of the government's reform of workplace relations, with a second tranche next year.
This bill is for those workers who have been waiting far too long for their work to be properly valued. This bill is for all the employers who want to treat their employees fairly without fear of being undercut by unscrupulous competitors.
This bill delivers on the government's commitment to ensure a fairer workplace relations system that provides Australians with job security, gender equity and sustainable wage growth.
This bill will not fix every problem in our workplace relations system. But it is a strong start. And it will provide a strong foundation on which we can continue to build the fairer and more equitable system Australians need, want and deserve.
There will be requests to move more slowly, to wait extra months, to pretend that there's no urgency.
As this bill proceeds through the parliament, the Government asks parliamentarians to remember how long people have already waited.
Waited a decade while wages were kept deliberately low.
Waited generations while the gender pay gap refused to close.
Waited while children became adults and caring responsibilities collided with rosters.
Waited in insecure work for the secure job which still hasn't arrived.
These Australians have waited long enough. And while waiting they have turned up every day and done their job. It's now time we did ours and legislated for secure jobs and better pay.
I commend the bill to the Chamber.
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022
This Bill sends a clear message that the Albanese Government takes privacy, security and data protection seriously.
As the Optus, Medibank and MyDeal cyberattacks have recently highlighted, data breaches have the potential to cause serious financial and emotional harm to Australians, and this is unacceptable.
Governments, businesses and other organisations have an obligation to protect Australians' personal data, not to treat it as a commercial asset. The law must reflect this.
This Bill will provide Australians with confidence that their data will be protected in four ways.
First, the Bill will significantly increase penalties under the Privacy Act for serious or repeated privacy breaches to incentivise businesses to take strong privacy and cyber security measures to protect the personal data they hold.
Second, the Australian Information Commissioner will be provided with a suite of improved and new powers to resolve privacy breaches efficiently and effectively.
Third, the Notifiable Data Breaches scheme will be strengthened to ensure the Information Commissioner has comprehensive knowledge of the information compromised in a breach to assess the particular risk of harm to individuals.
Fourth, the Information Commissioner and the Australian Communications and Media Authority will have greater information sharing powers to ensure regulators are able to work together and take prompt action to minimise harm to Australians.
These amendments are targeted and measured. They respond to the most pressing issues arising from the Optus data breach and other recent cyber incidents.
I am introducing this Bill at the earliest opportunity. The Government has moved swiftly at every stage of the response to the Optus data breach— giving Australians confidence that their compromised identity documents can be replaced, coordinating action between regulators, and taking steps to enable Optus to share information with financial institutions to detect and prevent fraud. I also acknowledge the work of the Office of the Australian Information Commissioner, Australian Federal Police and other federal regulators and agencies that have supported the response to this breach.
The novel privacy challenges posed by the rise of digital platforms and the unprecedented volume and variety of data that these platforms collect from users underscores the importance of reforming our privacy laws.
The Attorney-General's Department's review of the Privacy Act will recommend further reform proposals to ensure Australia's privacy framework protects the personal information of Australians, supports an innovative economy and responds to new challenges in the digital age.
Increased penalties
The Bill will increase penalties for a serious or repeated breach of privacy from $2.22 million, to not more than the greater of $50 million, three times the value of any benefit obtained through the misuse of the information, or, if the value of the benefit obtained cannot be determined, 30 per cent of a company's domestic turnover in the relevant period.
Setting these penalties at a higher level will accord with Australian community expectations about the importance of protecting their personal data.
Further, penalties for privacy breaches cannot be seen as simply the cost of doing business. Entities must be incentivised to have strong cyber and data security safeguards in place to protect Australians.
These new penalties mirror those proposed in the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022, which implements the Government's Better Competition election commitment. This will ensure alignment of penalties across Australian privacy law and consumer law.
Strengthened Notifiable Data Breaches Scheme
The Bill will strengthen the existing Notifiable Data Breaches scheme by empowering the Information Commissioner to assess an entity's compliance with the scheme's requirements. Assessments are an important educative tool, and this power will assist entities in ensuring they are meeting their requirements.
The Information Commissioner will also have new information-gathering powers in regards to the scheme's reporting and notification requirements. This is necessary to provide the Information Commissioner with a comprehensive understanding of the information compromised in a breach in order to assess the particular risks to individuals, and take actions such as issue a direction for the entity to notify individuals who have been affected by a data breach.
Enhanced enforcement powers
The Bill will improve the powers available to the Information Commissioner to resolve privacy breaches by empowering the Commissioner to publish notices about specific breaches of privacy or otherwise ensure those directly affected are informed. The Bill enables the Commissioner to compel entities to undertake external reviews to improve their practices to reduce the likelihood of them committing a breach again.
The Bill will also provide the Commissioner new information-gathering powers to conduct assessments, and new infringement notice powers that can be used if an entity fails to provide information when required, without the need to engage in protracted litigation.
To ensure Australia's privacy laws remain fit for purpose in a globalised world, and ensure the Privacy Act can be enforced against global technology companies who may process Australians' information on servers offshore, the Bill will amend the Act's extraterritoriality provisions. This will mean that even if foreign organisations do not collect or hold Australians' information directly from a source in Australia, they must still meet the obligations under the Privacy Act so long as they "carry on a business" in Australia.
Greater information sharing arrangements
To ensure Australians are informed about privacy issues, the Bill will provide the Commissioner an express power to publish a final determination following a privacy investigation, and information about a final assessment report. The Commissioner will also be able to publish information about other matters, such as an update about an ongoing privacy investigation, if it is in the public interest.
The Commissioner will also be able to share information with enforcement bodies, alternative complaint bodies and privacy regulators for the purpose of the Commissioner or the receiving body exercising their functions and powers. The Australian Communications and Media Authority will also be provided better powers to share information within Government for enforcement purposes.
This will drive better cooperation between regulators in order to deliver better outcomes for Australians.
Conclusion
The Bill is an important and pressing reform that will make sure penalties for privacy breaches adequately reflect community expectations, and will ensure Australia's privacy regulator has the enforcement tools necessary to effectively deter the misuse of Australians' personal information.
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022
Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill 2022
Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2022
Defence Home Ownership Assistance Scheme Amendment Bill 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
High Speed Rail Authority Bill 2022
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2022
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.
Anti-Discrimination and Human Rights Legislation A mendment (Respect at Work) Bill 2022
The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 marks a significant step in fulfilling the Government's election commitment to implement the recommendations of the Respect@Work Report.
The Respect@Work Report was a watershed moment in recognising the impact of sexual harassment in Australian workplaces and setting out a clear path to reform. The National Inquiry into Sexual Harassment in Australian Workplaces found that 33% of people who had been in the workforce in the preceding 5 years had experienced workplace sexual harassment. The National Inquiry found that almost two in five women said they had experienced sexual harassment in the workplace in the last five years. Gender inequality is a key driver of sexual harassment in the workplace, which is borne out by the disproportionate impact this behaviour has on women.
The Government acknowledges the work of the Sex Discrimination Commissioner, Kate Jenkins, and the work of the Commission more generally in producing the Respect@Work Report and also the work that Commissioner Jenkins and the Commission have done since the report was published to implement the report's recommendations, including through the Respect@Work Council.
This Bill would not have happened without the individuals and organisations who contributed their stories, advocacy and expertise to inform the findings and recommendations in the Respect@Work Report.
The Respect@Work Report made 55 recommendations to federal, state and territory governments, independent government agencies, the private sector and the community more broadly, all driven by the same impetus: to put an end to sexual harassment and make Australian workplaces safe for all.
The Government is moving decisively to implement the outstanding legislative recommendations of the Respect@Work Report, as these changes will have an immediate impact in setting cultural norms around preventative efforts and are essential to eliminating workplace sexual harassment, discrimination and victimisation.
Hostile Work Environment (Schedule 1)
Schedule 1 to the Bill introduces an express prohibition in the Sex Discrimination Act to protect people from hostile workplace environments on the ground of sex. This protection will not require that conduct is directed at a specific person, but instead prohibits conduct that results in an offensive, intimidating and humiliating environment for people of one sex.
As noted in the Respect@Work Report, sexually charged or hostile workplace environments can increase the risk of a person experiencing other forms of unlawful discrimination, including sexual harassment. This new provision will provide clarity to employers, employees and other people in the workplace of their obligations to create safe and respectful workplace environments. This will implement recommendation 16(c) of the Respect@Work Report.
Positive Duty (Schedule 2)
Schedule 2 to the Bill creates a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful discrimination, including sexual harassment, as far as possible. This will implement recommendation 17 of the Respect@Work Report.
The Australian Human Rights Commission will also be equipped with appropriate compliance powers to enforce the positive duty. The Commission will prepare and publish guidelines for compliance with the positive duty and will educate businesses and employers to better understand and comply with their obligations. This will implement recommendation 18 of the Respect@Work Report.
This cornerstone of the Respect@Work Report recommendations is a key step to focusing actions on the prevention of sexual harassment and discrimination, looking beyond remedies to misconduct. The focus on prevention of workplace sexual harassment and discrimination also shifts responsibility from those who experience that discrimination and harassment to those who are best placed to prevent it: employers.
The positive duty will complement the existing work health and safety framework, which also requires employers to ensure, so far as is reasonably practicable, the physical and psychological health and safety of workers.
The Bill will enable the Commission to monitor and assess compliance, working with businesses along the way to support their compliance. The Commission's functions will include:
Inquiries into Systemic Unlawful Discrimination (Schedule 3)
Schedule 3 to the Bill will provide the Australian Human Rights Commission with a function to inquire into systemic unlawful discrimination. This will implement recommendation 19 of the Respect@Work Report.
The Respect@Work Report found that there are significant cultural and systemic factors that drive sexual harassment in the workplace and that addressing these drivers can be challenging.
This function will enable the Commission to inquire into any matter that may relate to systemic unlawful discrimination or suspected systemic unlawful discrimination. Systemic unlawful discrimination is unlawful discrimination that affects a group of people and is continuous, repetitive or forms a pattern. The Commission can undertake an inquiry where requested by the Minister, or when the Commission considers it would be desirable. At the conclusion of an inquiry, the Commission may publish a report and provide it to the Minister, which may include recommendations.
Representative Actions (Schedule 4)
Schedule 4 to the Bill will enable representative actions to proceed from conciliation at the Commission to make an application to the courts, and will implement recommendation 23 of the Respect@Work Report.
Currently a representative body is able to make a representative complaint to the Commission on behalf of one or more persons, however, where a complaint is not resolved, the representative body is not able to initiate court proceedings.
This Bill will enable a representative body to progress a complaint on behalf of one or more affected persons from conciliation at the Commission to application to the court. This will improve support for people who experience harassment and discrimination to navigate the legal system and resolve their complaints. It will also better enable issues of systemic discrimination, affecting a broad range of people, to be addressed.
Costs Protections (Schedule 5)
Schedule 5 to the Bill will insert a costs protection provision into the Australian Human Rights Commission Act to provide greater certainty in relation to the cost of pursuing legal action. This will implement recommendation 25 of the Respect@Work Report.
The Respect@Work Report heard that concerns about adverse costs orders deter applicants from seeking to resolve complaints through the courts. Costs reforms will give both applicants and respondents greater certainty in terms of the costs they may face, while not impacting their access to legal representation.
The cost reform in this Bill is the model supported by the Australian Human Rights Commission in their 2021 Free and Equal Position Paper and these reforms will apply to all applications under Commonwealth anti-discrimination law. The approach balances the need for certainty and the clear impact costs can have on applicants taking action in the courts, against the unintended consequences of cost reform, such as impacting access to legal representation.
Public Sector Reportin g to the Workplace Gender Equality Agency (Schedule 6)
Schedule 6 to the Bill will amend the Workplace Gender Equality Act to require the Commonwealth public sector to report against 6 gender equality indicators to the Workplace Gender Equality Agency. The Respect@Work Report found that improved data collection is important to ensure that there is a robust understanding of gender inequality in Australian workplaces. This will implement recommendation 43 of the Respect@Work Report for the Commonwealth public sector.
Victimisation (Schedule 7)
Schedule 7 to the Bill will clarify that victimisation can be the basis for a civil action of unlawful discrimination under Commonwealth anti-discrimination law, being the Age Discrimination Act, the Disability Discrimination Act and the Racial Discrimination Act.
The Respect at Work Act 2021 included an amendment to clarify that victimisation can be the basis of a civil—and not just a criminal—action of unlawful discrimination under the Sex Discrimination Act. It had always been the intention that the provisions in relation to victimisation in the Sex Discrimination Act—and the equivalent provisions in other Commonwealth anti-discrimination Acts—could form the basis of either a civil or criminal cause of action, but the clarifying amendment in the Respect at Work Act 2021 was made necessary by a number of court decisions which gave rise to uncertainty around whether the relevant provisions achieved their intent.
The amendments in Schedule 7 would address the same potential issue in other Commonwealth anti-discrimination Acts by ensuring that the victimisation provisions in those Acts reflect what has always been the intention—which is that acts of victimisation can form the basis of both civil and criminal causes of action.
Objects clause and termination timeframe alignment (Schedule 8)
Schedule 8 to the Bill will amend the objects clause of the Sex Discrimination Act to state that an object of the Act is to achieve substantive equality between men and women. This will implement recommendation 16(a) of the Respect@Work Report.
The Bill will also insert a new objects clause to support the operation of the new hostile work environment protection. The addition to the objects clause will state that an object of the Act is to eliminate, so far as is possible, discrimination involving workplace environments that are hostile on the ground of sex.
This Schedule will also change the timeframe for when a complaint under anti-discrimination law may be terminated by the President of the Australian Human Rights Commission from 6 months to 24 months.
The Respect at Work Act 2021 amended the timeframe for complaints made under the Sex Discrimination Act, but not for any other anti-discrimination law. This has led to procedural challenges and complexity for people who are entitled to make a claim under more than one Commonwealth anti-discrimination Act.
The President retains a discretion to consider complaints beyond the statutory timeframe, but this change will give greater certainty to complainants that intersectional aspects of an anti-discrimination complaint can be considered without procedural obstacles.
Conclusion
Sexual harassment is a serious and pervasive issue that affects all industries and all professions and demands a fundamental re-think in how our laws are shaped to prevent and respond more effectively. The Respect@Work Report represents a paradigm shift in how public policy and the legislative framework support people who experience sexual harassment and discrimination in the workplace. This Bill takes those steps as set out in the Respect@Work Report, makes that paradigm shift, and signals to all workers that they deserve to be safe at work.
Sexual harassment is by no means inevitable. It is preventable. And this Government will continue to work to ensure it is addressed.
I am both pleased and proud that the Government is taking this next crucial step in fully implementing the Respect@Work Report.
The Attorney-General's Department consulted with a number of key stakeholders in relation to the measures contained in this Bill, including members of the Respect@Work Council. I would like to thank the unions, business groups and other individuals and organisations that provided constructive feedback to the Attorney-General's Department as part of that process.
I expect the Bill will be referred to a Senate Committee for an inquiry. Given the range of views about how best to implement the recommendations of the Respect@Work Report, I have no doubt that the Committee will receive a number of thoughtful and constructive suggestions for refinements and improvements to the Bill. The Government looks forward to engaging, through the Attorney-General's Department, with that important parliamentary process.
Atomic Energy Amendment ( Mine Rehabilitation and Closure) Bill 2022
It is a longstanding legislative requirement that the Ranger mine must be restored to a condition similar to surrounding Kakadu National Park. For such an environmentally, culturally and historically important region, only the highest standard of rehabilitation will do.
Today, I introduce the Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill. This Bill is the first step towards ensuring the unique Environmental Requirements prescribed at Ranger remain legal obligations until Ranger's rehabilitation is complete.
When Ranger was established 40 years ago, it was envisaged rehabilitation would take five years and be completed by January 2026 when current regulatory arrangements lapse. However, based on the best environmental science of today, it is apparent Ranger's rehabilitation will take longer.
Accordingly, the Government is acting to extend Ranger's regulatory framework until the job is complete. The Bill enacts a number of measures for securing Ranger's full rehabilitation and eventual closure.
Firstly, theBill allows the mine's operator, Energy Resources of Australia (ERA), to transition to a new Authority that permits its rehabilitation to be continued at Ranger beyond January 2026. This in no way reflects ERA's performance at Ranger. ERA has long been progressively rehabilitating Ranger, and it is well-advanced with the task—for instance, one of the mined-out pits is now fully backfilled, with Mirarr Traditional Owners participating in the first revegetation planting.
The reason for allowing a new Authority is simply because more time is needed to complete rehabilitation. ERA acknowledges this. Mirarr Traditional Owners acknowledge this. Environment groups acknowledge this. But the current Atomic Energy Act simply does not allow the Government to extend ERA's authority.
The Bill will also enable progressive closing out of the site. This means that discrete parcels of land at Ranger—some of which are relatively undisturbed—can transition back to underlying Aboriginal land tenure when ERA is deemed to have rehabilitated those areas. The Northern Land Council have asked that Ranger be progressively closed out so that Ranger's Mirarr Traditional Owners can get on Country as soon as it is safe to do so.
Recognising that the Ranger mine was established under controversial circumstances, it is equally important Parliament is clear about what this Bill does not do.
Many people today who were not around in the 1970s will not remember the history of the Ranger Uranium Mine. To say that Ranger was opposed by the Mirarr Traditional Owners is an understatement. Ranger became a flashpoint in the struggle of land rights, attracting national media attention and protests.
And many people today may not appreciate that Ranger's history is also intrinsically linked to the Kakadu National Park which, like Ranger, was established without the agreement of Traditional Owners.
Fast forward almost half a century later to March this year; In Opposition we supported the long-awaited return of the remaining half of Kakadu National Park back to 13 clan groups. This was a milestone in the unfinished business of Aboriginal culture and history in Australia.
Now, in Government, we are putting forward amendments through this Bill that take that next step toward the eventual return of Ranger to its Aboriginal Traditional Owners. This too will form part of the story of this country's unfinished business.
In concluding, I wish to thank ERA, the Northern Land Council and the Gundjeihmi Aboriginal Corporating representing the Mirarr people for their close engagement on this Bill. Ranger's rehabilitation is a priority for all parties and we all look forward to seeing Ranger being a world-class example of mine rehabilitation.
I commend this Bill to the Chamber.
Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2022
Transnational serious and organised crime is destructive, pervasive and complex. In 2020-21 serious and organised crime was estimated to cost Australia up to $60.1 billion. As Australia's national criminal intelligence agency, the Australian Criminal Intelligence Commission (the ACIC) is central to our national response to transnational serious and organised crime. The ACIC uses its collection and assessment capabilities to generate intelligence to drive disruptions, seizures and arrests by law enforcement, intelligence and international partners.
The Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2022 amends the Australian Crime Commission Act 200 2 to provide greater certainty with respect to the ACIC Board's powers to authorise special operations and special investigations.
The Bill does not expand or otherwise alter the powers available to the ACIC when undertaking ACIC special operations or special investigations.
Under the Act, the ACIC may only use its coercive powers where the ACIC Board makes a determination for a special operation or special investigation. The Board may only exercise the power to authorise special operations or special investigations when it considers that it is in the public interest to do so.
However, the existing provisions in the Act include key definitions which cross-refer to other definitions that are central to the process for making determinations. This layering of definitions adds unnecessary complexity to the process in making determinations.
The proposed amendments address this issue by repealing the current definition of federally relevant criminal activity in subsection 4(1) and replacing it with a new definition offederally relevant crime . The current definition ofrelevant crime in subsection 4(1) is also amended. These changes reduce the multi-layered definitions that currently exist which add unnecessary complexity.
The Bill also makes minor consequential amendments to the Parliamentary Joint Committee on Law Enforcement Act 2010 and theTelecommunications (Interception and Access) Act 1979 .
The measures in this Bill provide that the Australian Criminal Intelligence Commission can continue to exercise its powers with greater legal clarity when conducting activities to combat transnational and serious organised crime in Australia.
Defence Home Ownership Assistance Scheme Amendment Bill 2022
I am pleased to present the Defence Home Ownership Assistance Scheme Amendment Bill 2022.
The Bill fulfils the Albanese Labor Government's election commitment to boost home ownership for Defence members and veterans by expanding the Defence Home Ownership Assistance Scheme eligibility criteria.
The Scheme was established in 2008 by the Rudd Labor Government, and continues to be an important retention offering by the Australian Defence Force. The Scheme also has an important secondary benefit of improving home ownership levels for Defence Force members, veterans and their families.
The Bill advances these objectives and is cognisant of the fact that housing affordability is one of the biggest issues facing Australia.
Further to this, the Bill responds to the struggles experienced by the veteran community and the role that housing can play in their greater wellbeing. The Australian Institute of Health and Wellbeing found that safe, secure and affordable housing is fundamental to veteran wellbeing. While maintaining the retention focus, the Bill makes four broad policy amendments to the Scheme which look to further home ownership levels amongst serving Defence members and veterans.
Firstly, the Bill expands access to the Scheme by providing Defence members with access to the benefits earlier in their careers. This amendment reduces by half, the period of effective service that a Defence member must complete before accessing the Scheme. What this means for members of the Permanent Defence Force is that their qualifying service period will be two years; for members of Defence Reserves, four years; and for a foreign service member, two years.
To accommodate the halving of the qualifying service period, the Bill similarly amends the requisite period of effective service to access each subsidy tier. There are three subsidy tiers, which are 40, 60 and 80 per cent of the average house price. Based on the years of effective service, the tiers determine the subsidy amount received by participants of the Scheme.
The Bill provides members of the Permanent Forces and the Reserves, as well as members who have separated from the Defence Force because of a compensable condition, with access to each subsidy tier between two and four years earlier than currently provided by the Act. The amendment will provide members of the Permanent Forces access to tier one where they have less than four years of effective service; tier two where they have between four and eight years of effective service, and tier three where they have between eight and 12 years of effective service.
Secondly, the Bill allows veterans to apply for their final subsidy certificate any time after they have separated from the Defence Force. Currently, veterans must apply to access the Scheme within five years of separating from the Defence Force. Removing this limitation will ensure veterans can access the Scheme at a time that suits them without feeling pressured to do so within a five-year period.
The Albanese Labor Government acknowledges that the nature of military life is unique and families can be deeply affected by military service. This can include the frequency of postings throughout Australia which has an impact on home ownership. Accordingly, this amendment has been extended to surviving partners who have similarly been impacted by the nature of service within the Australian Defence Force.
Thirdly, the Bill creates a power to continue paying a subsidy amount where a genuine error, mistake or accident caused all outstanding amounts due under the subsidised loan to be paid. This amendment is in response to observations by Defence that the current legislation provides little reprieve where a loan is paid down due to a genuine error, mistake or accident, and as a result the subsidised borrower stops receiving their monthly subsidy.
It is intended that this power will address scenarios including, but not limited to, where a subsidised borrower mistakenly transfers money into their loan account which results in it being paid off, or where a third party mistakenly transfers money to a subsidised borrower's loan account when it was not for the purpose of paying the loan down.
Finally, the Bill provides a power to make and recover relevant payments, including overpayments, which may occur in the administration of the Scheme. This technical amendment assists the Scheme's administrators in efficiently processing subsidy payments. For transparency and good governance, the Bill also requires the Secretary to report any such payment every financial year.
The Bill assists in positioning the Australian Defence Force as an employer of choice, assisting serving members and veterans to own a home, and ensuring the Scheme can be administered as efficiently and beneficially as possible.
The Bill is scheduled to commence on 1 January 2023. From this date, new applicants will be able to apply for a subsidy certificate under the proposed amendments. The Bill will also allow applicants who are veterans to re-apply where they were previously refused a subsidy certificate because they had not completed their qualifying service period or made their application outside of the five-year post-separation limit.
For existing members of the Scheme, their monthly payments may increase as they move up the subsidy tiers, and additional subsidy credits applied to their subsidised loan.
In recognition of the Scheme's original intent, I emphasise that the Bill reinforces and furthers the Government's commitment to retention in the Australian Defence Force, home ownership for members and veterans, as well as veteran wellbeing.
I commend the Bill.
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
I'm pleased to introduce the Education Legislation Amendment (2022 Measures No. 1) Bill 2022.
This Bill amends the Higher Education Support Act 2003 to improve equality of access to higher education and support this Government's commitment to building a highly skilled workforce.
The Bill delivers on an election commitment to remove the ten per cent HECS-HELP discount for students who pay upfront their student contribution amounts for Commonwealth supported places.
This was a measure we took to the election on the principle that all students should pay the same amount for the same course, regardless of their ability to pay up-front.
The measure will take effect on 1 January 2023 and is projected to save $144 million over the forward estimates.
Those savings will help fund the 20,000 new university places recently announced by this Government.
Those places are allocated to support students who are under-represented in our universities.
Students from poorer backgrounds.
Students from the bush.
Indigenous Australian students.
Students who are the first in their family to cross the threshold of one of our universities.
The Bill will also extend the FEE-HELP loan fee exemption for a further twelve months.
This exemption originally commenced on 1 April 2020 as a COVID-19 financial relief measure, and will now continue through to 31 December 2022.
The measure will help around 30,000 full-fee paying undergraduate students accessing FEE-HELP to study in 2022. It will also support the higher education providers at which these students are enrolled.
The Bill also extends FEE-HELP to eligible students who participate in the Government's microcredential pilot.
The microcredential pilot encourages universities to develop and deliver industry targeted, flexible short courses as part of building a highly skilled workforce.
The Bill makes other amendments to the Higher Education Support Act to clarify and improve its operation.
It clarifies arrangements around enabling courses.
Enabling courses help prepare students for higher education study like a bachelor's degree.
The measures in the Bill clarify that these courses won't count toward a student's lifetime limit of Commonwealth support.
The Bill also improves consistency by aligning the HECS-HELP and FEE-HELP citizenship and residency requirements for New Zealand citizens with the existing requirements for those students accessing a Commonwealth supported place.
The measure will require that these students be resident in Australia for the duration of their unit of study to be eligible for HECS-HELP and FEE-HELP.
The Bill strengthens administration and accountability by requiring that students seeking Commonwealth funding provide their Unique Student Identifier to their institution and the Commonwealth.
It also makes other minor technical amendments to the Higher Education Support Act and theTertiary Education Quality and Standards Agency Act to improve their operation.
The measures in this Bill support the Government's commitment to equal access to higher education and building the skills of Australia's workforce.
I commend this Bill to the Chamber.
High Speed Rail Authority Bill 2022
I rise to introduce this Bill to establish a High Speed Rail Authority as an independent body to advise on, plan and develop the high speed rail system in Australia. There has been little action to progress high speed rail in Australia until now.
This Government is committed to establishing this authority to oversee the construction and operation of a high speed rail network along Australia's eastern seaboard. The High Speed Rail Authority will reinvigorate work on this very important nation-building project, and Australians will no longer miss out.
The benefits identified in the former Labor government's comprehensive two-stage rail study were significant, not just in substantially reducing travel times; but also unlocking regional economies, providing significant employment opportunities, and supplying a remarkable economic boost in the medium and long term. The study found that, for every dollar of costs, there would be a return of $2.30 in benefits to society.
The evidence has shown that without high speed rail, Australia is missing out on significant opportunities, which is why the Authority will be established. The Authority will provide expert independent advice and work with the Victorian, New South Wales (NSW), Australian Capital Territory, and Queensland governments, local government and the private sector to drive this change.
A high speed rail network will revolutionise interstate travel in Australia, significantly reducing travel time to move between capital cities compared to other modes of travel. Imagine a high speed train connecting capital cities from Melbourne, to Canberra, to Sydney, to Brisbane, all across our regional centres, through our semi-urban populations, straight to our international hubs with trips taking as little as three hours.
We will no longer be behind the rest of the developed world when it comes to land infrastructure and technology. Japan introduced its first bullet train in 1964, France in 1981, and China introduced in 2003. These countries have since grown their high speed networks, increased their top train speeds, and now celebrate annual patronage in the hundreds of millions on their high speed rail networks. Let's get on board and give the Australian public a modern, efficient, and high speed rail network.
A well-patronised high speed rail service will assist us to meet our net-zero commitment by providing lower ongoing energy and greenhouse emissions than interstate travel by air, and has an added benefit of reducing road traffic. Settlement patterns across Australia's east coast will be transformed, alleviating pressure on outer suburban areas and growth corridors in major cities.
The construction of high speed rail will secure significant jobs for the economy, impacting all Australians. Through Labor's National Rail Manufacturing Plan, the Australian Government will ensure that more trains are built in Australia by local manufacturing workers and that every dollar of federal funding spent on rail projects will go towards creating local jobs and providing a sustainable industry.
This Bill will ensure that high speed rail is progressed in Australia, with the immediate priority of updated analysis and commencing work on an initial connection between Sydney and Newcastle. Once established we will begin work on planning and overseeing the construction of a reliable, safe, efficient and cost-effective high speed rail network.
As a statutory agency, the Authority will provide independent and impartial advice on the policy and standards, develop business cases and secure corridors. Specific measures will be taken to prevent and reduce the environmental impact on surrounding land and the Authority will coordinate and consult with state and territory governments, industry, businesses and communities to enhance Australia's long term-trail investment.
Faster rail will continue under the Authority. Whilst the National Faster Rail Agency will be ceased, its functions will be absorbed into the Authority and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to retain the existing capability and expertise and ensure that both faster rail and high speed rail are delivered.
High speed rail and faster rail will help all Australians to secure jobs, build a better future for our regions, and reinvigorate manufacturing in Australia.
We know there is a strong interest internationally and from the private sector with experience in high speed rail. The Authority will work with consortiums collaboratively and with transparency to investigate alternative funding and financing opportunities including value uplift. The Authority will also commence work to secure corridors now and not waste any opportunities.
We have already committed $500 million to commence early works and secure corridors for the rail connection between Sydney, the Central Coast and Newcastle. The Government will continue negotiations with the NSW Government on the allocation and other investment options will be identified between the Australian Government and NSW further down the line.
As a Government, it is expected that we serve the Australian community and improve the lives of the Australian people. Establishing the High Speed Rail Authority and investing in high speed rail will improve the lives of all Australians and transform our beautiful country. The time is now and we need to stop procrastinating and start taking action. This is a long term project with significant benefits and it is not just about a political cycle but rather a focus on Australia's future. A high speed rail network along the east coast of Australia will truly be a transformational project that has the ability to touch the lives of all Australians. It is a project that has the support of the regions and cities, and of businesses and industries. Now is the time to complete transformational infrastructure projects that not only sets Australia up for the future but also provide jobs and opportunities immediately.
High speed rail will be an economic game changer for the country and will improve growth, access and sustainability. It will provide countless social benefits long into the future and create broad economic benefits for our regional centres.
The Bill I am introducing to you will allow all of these things to finally happen in this Parliament. We must not delay the Australian public any longer. Let us give our fellow Australians the bipartisan support to pass this Bill into legislation. The time is now to invest in our country's future.
Veterans ' Affairs Legislation Amendment (Budget Measures) Bill 2022
President
The Australian community has a clear expectation that defence personnel, veterans and their families are well looked after. This is an important task and responsibility of government—a solemn commitment.
I am pleased to be introducing this legislation today, as it demonstrates the Albanese Labor Government's commitment to addressing the adequacy of support to Totally and Permanently Incapacitated veterans—oft referred to as TPI veterans and their families, providing them greater financial support to ultimately deliver a better future for veterans and families.
Before the 2019 election, the then Prime Minister raised expectations he would increase the TPI Payment by committing to a review of the pension, even telling the TPI Federation they had a "compelling case", however after the election, funnily enough, no increase was recommended by that review.
Typical of the all announcement no delivery games of the previous Government, Labor Senators decided they couldn't rely on anyone else to get the job done—they rolled up their sleeves and initiated their own inquiry.
This Bill responds to that recommendation of that Labor initiated inquiry—the Senate Standing Committee on Foreign Affairs, Defence and Trade Inquiry into the Totally and Permanently Incapacitated (TPI) Payment (Special Rate of Disability Pension ) for Government to consider an increase to the TPI payment.
The Committee's report on the Inquiry was tabled in Parliament on 1 July 2021, recommending an increase to the TPI payment. The Committee did not provide advice on the quantum or amount of the increase, but suggested it should be "modest".
However, the Government of the day ignored the bipartisan recommendation, which was another slap in the face for our Veteran community.
This Bill implements the Albanese Labor Government's 2022 pre-election commitment to provide an increase to the TPI payment from 1 January 2023.
It is disappointing that it's taken a new Government to implement this necessary change, rather than action that could have been taken more than a year ago… but here we are.
This initiative implements the Senate Inquiry's recommendation, providing an increase of $1,000 to the annual rate (or $38.46 per fortnight) of TPI payment to ensure veterans and their families are better supported financially, helping keep up with cost of living pressures.
The increase to the TPI payment means it will be comparable with the national Minimum Wage and greater than the after tax national Minimum Wage a wage earner would receive.
This initiative recognises the importance of supporting veterans who have been severely impacted by their experiences in the Australian Defence Force.
The Bill will achieve this by amending the Veterans' Entitlements Act 1986 to increase the rate of pension payable to TPI veterans.
This Government is committed to implementing practical support measures to better support defence personnel, veterans and their families.
We want our service personnel, veterans, and veteran families to know that Australia is proud of them and that our country will always be there for them.
That they get the support they not only need, but deserve.
I commend the Bill.
Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
Customs Tariff Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
Treasury Laws Amendment (Australia-India Economic Cooperation and Trade Agreement Implementation) Bill 2022
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.
Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
The Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022 amends the Customs Act 1901 (the Customs Act) to implement the India-Australia Economic Cooperation and Trade Agreement.
India is a key strategic and economic partner for Australia and the Australian Government is committed to accelerating our economic ties with India. The India-Australia Economic Cooperation and Trade Agreement will be an important driver for deepening our relationship.
Recent years have seen remarkable growth in the trading relationship between India and Australia, fuelled by the many complementarities between our two economies. The India-Australia Economic Cooperation and Trade Agreement will secure Australia's foothold in the world's fastest growing major economy and enable Australian businesses to unlock or expand their operations in a market of nearly one and a half billion consumers, with a GDP of $4.3 trillion.
The Agreement represents significant new trade diversification opportunities for Australian business. From the day IA-ECTA enters into force, 85 per cent of Australian goods exports by value to India will enter without tariffs and an additional 5 per cent will have tariffs eliminated over periods not exceeding 10 years. This is commercially significant for up to $14.8 billion worth of Australian merchandise trade destined for the Indian market each year. The Agreement will also provide certainty and support Australian services suppliers and professionals doing business in India, currently our third largest services export market.
The amendments contained in this bill will insert into the Customs Act new rules of origin for 'Indian originating goods' and provisions for document retention and verification for 'Australian originating goods'. The amendments will outline when imported goods may be considered to have originating status and be eligible for preferential tariff treatment. Complementary amendments to the Customs Tariff Act 1995 will provide for the preferential rates of customs duty applicable to goods that are originating under the Agreement. These will be made by the Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022.
These bills were referred to the Joint Standing Committee on Treaties (JSCOT) on 1 August 2022 and debate on the bills will be dependent on the advice provided in its report. It is anticipated that JSCOT will report in mid-November.
I commend this bill to the Chamber.
Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
The Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022 will amend the Customs Tariff Act 1995 to implement the India-Australia Economic Cooperation and Trade Agreement (IA-ECTA).
The amendments contained in this Bill will insert a new Schedule of preferential rates of customs duty for goods that are Indian originating. Schedule 10A will be comprised of tariff subheadings for goods that have a rate of customs duty other than 'Free' at entry into force of the IA-ECTA. The goods classified to these subheadings will include tobacco, alcohol and fuel products, which will have an excise-equivalent rate of customs duty, and certain goods containing iron, steel and aluminium, which will be phased to 'Free' over approximately five years.
The Bill will also amend concessional items in Schedule 4 of the Customs Tariff Act 1995 to extend concessional treatment to goods that are Indian originating.
The amendments contained in this Bill complement the amendments contained in the Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022.
I commend this bill to the Chamber.
Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
The Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022 amends the Customs Act 1901 (the Customs Act) to implement the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland (the Agreement).
The Agreement will bring both commercial and strategic benefits. The United Kingdom is the world's fifth largest economy and our fifth largest two-way trading partner, with A$31.8 billion in goods and services trade in 2020. The Agreement will deliver preferential market access for Australia's key exports, providing important diversification opportunities and removing barriers that were impeding trade while the United Kingdom was a member of the European Union. It will also improve certainty for exporters and importers, service suppliers and investors across the whole economy.
The Agreement will facilitate a strong and resilient economic recovery from COVID-19, while reducing the vulnerability of Australia's trade and investment to future crises. It will enhance Australia's economic engagement with the United Kingdom through strengthened trade rules that will help build upon our already healthy trading relationship.
The amendments contained in this bill would insert into the Customs Act the rules of origin and document retention requirements called for by the Agreement. Those amendments outline when imported goods may be considered to have originating status and be eligible for preferential tariff treatment. Complementary amendments to the Customs Tariff Act 1995 are required to provide for these preferential rates of customs duty.
The Joint Standing Committee on Treaties is currently considering the Agreement and is scheduled to report in mid-November. This bill is being introduced now to give the Parliament more time to consider the amendments required to implement this Agreement.
I commend this bill to the Chamber.
Customs Tariff Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
The Customs Tariff Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022 will amend the Customs Tariff Act 1995 (the Customs Tariff Act) to implement the preferential rates of customs duty for goods determined to be United Kingdom originating. These amendments will ensure that Australia fulfils its obligations as a signatory to the Australia-United Kingdom Free Trade Agreement and is prepared for the Agreement to enter into force.
This bill will insert a new Schedule of duty rates into the Customs Tariff Act. Schedule 15 will contain the preferential rates of customs duty for imported goods that satisfy the rules of origin set out in the Agreement. Australia has committed to reducing the duty rate on most originating goods to 'Free' over the years following the entry into force of the Agreement. Excise equivalent goods, which are certain fuel, alcohol, tobacco and petroleum products, that are originating under the agreement will continue to have excise equivalent customs duties applied, so they receive the same treatment as domestically produced equivalents.
The bills will also provide for the suspension of preferential tariffs for United Kingdom originating goods classified to certain subheadings of Chapters 72 and 73 of Schedule 3 of the Customs Tariff Act, which deal with iron and steel goods. When activated, the customs duty rate applied to these goods would be the 5 per cent general rate of customs duty which currently applies. The suspension will be activated when the United Kingdom global safeguard applies to Australian steel products. The United Kingdom global steel safeguard is currently in place and has been extended to 30 June 2024. The suspension, therefore, will apply from entry into force of the Agreement.
The suspension of preference will end from the date that the United Kingdom Safeguard ends or no longer applies to Australian steel. From this date the preferential duty rate applied to certain goods from the United Kingdom will be reduced in accordance with the rate that applies under Schedule 15.
Finally, this bill also amends certain tariff concessions to maintain their scope and ensure that commitments made under the Agreement are honoured.
The amendments in this bill complement the amendments in the Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022, which will amend the Customs Act 1901 .
I commend this bill to the Chamber.
Treasury Laws Amendment (Australia-India Economic Cooperation and Trade Agreement Implementation) Bill 2022
The bill will amend the international tax agreements act 1953 to implement the agreement reached between Australia and India on 2 April 2022, as part of the Australia-India Economic Cooperation and Trade Agreement.
Specifically, the Bill will adjust the taxation on certain payments or credits made to Indian residents providing technical services remotely to Australian customers. It aligns Australia's tax treatment of Indian residents providing technical services remotely, with residents from other countries.
As Australia's seventh largest trade partner, India shares a close economic relationship with Australia. This measure will further strengthen this relationship.
In accordance with the trade agreement's side letters on taxation, this measure will commence on the later of the day of Royal Assent and the day the trade agreement enters into force. It will apply to assessments for income years starting on or after the commencement of this amendment. It does not commence at all if the trade agreement never enters into force.
Full details of the measure are contained in the Explanatory Memorandum.
That resumption of the debate be made an order of the day for a later hour.
Social Services and Other Legislation Amendment (Lifting the Income Limit for the Commonwealth Seniors Health Card) Bill 2022
Supply Bill (No. 3) 2022-2023
Supply Bill (No. 4) 2022-2023
Supply (Parliamentary Departments) Bill (No. 2) 2022-2023
Aged Care Amendment (Implementing Care Reform) Bill 2022
Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Bill 2022
Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill 2022
Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022
Jobs and Skills Australia Bill 2022
Jobs and Skills Australia (National Skills Commissioner Repeal) Bill 2022
National Health Amendment (General Co-payment) Bill 2022
Treasury Laws Amendment (More Competition, Better Prices) Bill 2022
Crimes Amendment (Penalty Unit) Bill 2022
Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022
That the question be put.
Social Services and Other Legislation Amendment (Workforce Incentive) Bill 2022
There is an army of older workers with the skills Australia needs who would still like to work, but don't participate in the workforce as it reduces their pension.
Considering the deeply rooted labour market conditions, faltering productivity rates, and downgrades to domestic and international economic growth forecasts, these amendments will end long before the challenges facing businesses and the economy are solved.
There is now almost one job available for every person seeking work, with 470,900 job vacancies and 487,700 unemployed in August.
Targeted and ongoing public effort has the capacity to increase workforce participation. With productivity growth over the past decade at 1.1 per cent per year, its slowest pace in 60 years, and the RSA downgrading GDP forecasts to 3¼ per cent over 2022, 1¾ per cent over 2023 and 1¾ per cent over 2024, there is a need to ensure maximum participation.
The government is in control of the budget and the purse strings, and, in order to change the budget, ultimately we need to change the government. This is a matter to which Labor is committed. In government, it is something we would certainly seek to act upon.
(1) Clause 2, page 2 (at the end of the table), add:
(2) Schedule 3, page 36 (before line 5), before item 1, insert:
1A Point 1066A-F 1 (note 2)
Repeal the note, substitute:
Note 2: The application of the ordinary income test is affected by provisions concerning:
(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);
(b) the work bonus (section 1073AA);
(c) business income (sections 1074 and 1075);
(d) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);
(e) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);
(f) disposal of income (sections 1106 to 1111).
1B Point 1068-G1 (note 3)
Repeal the note, substitute:
Note 3: The application of the ordinary income test is affected by provisions concerning:
(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);
(b) the work bonus (section 1073AA);
(c) business income (sections 1074 and 1075);
(d) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);
(e) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);
(f) disposal of income (sections 1106 to 1111).
1C Subsection 1073AA(1) (in cluding the note)
Repeal the subsection, substitute:
(1) The section applies to a person if the person's rate of social security payment is calculated in accordance with:
(a) Pension Rate Calculator A at the end of section 1064; or
(b) Pension Rate Calculator D at the end of section 1066A; or
(c) Benefit Rate Calculator B at the end of section 1068.
1D Subsection 1073AA(2)
Omit "Module E of that Rate Calculator", substitute "the income test module".
1E Subsection 1073AA(2) (examples 1 and 2)
Omit "pension", substitute "payment".
1F Paragraphs 1073AA(3)(a), (4)(a) and (4A)(a)
Omit "Module E of that Rate Calculator", substitute "the income test module".
1G Paragraphs 1073AA(3)(b) and (4)(b)
Omit "pension", substitute "payment".
1H Subsection 1073AA(4) (example)
Omit "pension", substitute "payment".
1J Paragraph 1073AA(4A)(b)
Omit "pension", substitute "payment".
1K Subsection 1073AA(4A) (example)
Omit "pension", substitute "payment".
1L Paragraph 1073AA(4B)(b)
Omit "pension", substitute "payment".
1M After subsection 1073AA(4C)
Insert:
(4D) For the purposes of this section, the income test module in respect of a person is:
(a) if the person's rate of social security payment is calculated in accordance with Pension Rate Calculator A at the end of section 1064—Module E of that Rate Calculator; or
(b) if the person's rate of social security payment is calculated in accordance with Pension Rate Calculator D at the end of section 1066A—Module F of that Rate Calculator; or
(c) if the person's rate of social security payment is calculated in accordance with Benefit Rate Calculator B at the end of section 1068—Module G of that Rate Calculator.
(3) Page 38 (after line 27), at the end of the Bill, add:
Schedule 4 — Earlier access to the age pensio n
Social Security Act 1991
1 Subsection 23(5A) (table item 4, column 3)
Omit "66 years and 6 months", substitute "65 years".
2 Subsection 23(5A) (table item 5, column 3)
Omit "67 years", substitute "65 years".
3 Subsection 23(5D) (table item 4, column 3)
Omit "66 years and 6 months", substitute "65 years".
4 Subsection 23(5D) (table item 5, column 3)
Omit "67 years", substitute "65 years".
Veterans' Entitlements Act 1986
5 Subsection 5QB(2) (table item 4, column 3)
Omit "66 years and 6 months", substitute "65 years".
6 Subsection 5QB(2) (table item 5, column 3)
Omit "67 years", substitute "65 years".
7 Subsection 5QB(5) (table item 4, column 3)
Omit "66 years and 6 months", substitute "65 years".
8 Subsection 5QB(5) (table item 5, column 3)
Omit "67 years", substitute "65 years".
9 Application of amendments
The amendments made by this Schedule apply in relation to a person on and after the commencement of this item.
(4) Page 38 (after line 27), at the end of the Bill, add:
Schedule 5 — Increase rat e of income support payments
Social Security Act 1991
1 Subsection 1061JU(1)
Omit "half".
2 Point 1064-B1
Repeal the table, substitute:
3 Point 1065-B1
Repeal the table, substitute:
4 Point 1066A-B1
Repeal the table, substitute:
5 Point 1066B-B1
Repeal the table, substitute:
6 Point 1067G-B2
Repeal the table, substitute:
7 Point 1067G-B3
Repeal the table, substitute:
8 Point 1067G-B4
Repeal the table, substitute:
9 Subpoint 1067L-B2(1)
Repeal the table, substitute:
10 Point 1067L-B3
Repeal the table, substitute:
11 Point 1068-B1
Repeal the table, substitute:
12 Point 1068A-B1
Omit "$21,470.80 per year ($825.80 per fortnight)", substitute "$32,032.00 per year ($1,232.00 per fortnight)".
13 Point 1068B-C2
Repeal the table, substitute:
14 After section 1198B
Insert:
1198BA Adjustment of ABSTUDY payment amount
If:
(a) a person is receiving a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as a living allowance; and
(b) the amount of that living allowance equates to less than $88 per day;
then the amount of that living allowance is to be increased by an amount equal to the shortfall.
15 Application of amendments
The amendments made by this Schedule apply in relation to a payment period that commences on or after the commencement of this item.
(5) Page 38 (after line 27), at the end of the Bill, add:
Schedule 6 — Mutual obligations and participation requirements
Part 1 — Removing employment pathway plans
Social Security Act 1991
1 Subsections 14A(1) and (2)
Omit "and Division 3A of Part 3 of the Administration Act".
2 Subsection 14A(7)
Repeal the subsection.
3 Subsection 23(1) (paragraphs (aa) and (a) of the definition of compliance penalty period )
Repeal the paragraphs.
4 Subsection 23(1) (definition of Employment Department )
Omit "Division 3AA of Part 3 of the Administration Act", substitute "the Fair Entitlements Guarantee Act 2012 ".
5 Subsection 23(1) (definition of Employment Minister )
Omit "Division 3AA of Part 3 of the Administration Act", substitute "the Fair Entitlement s Guarantee Act 2012 ".
6 Subsection 23(1) (definitions of employment pathway plan ,satisfies the employment pathway plan requirements andunsuitable )
Repeal the definitions.
7 Paragraphs 500(1)(c) and (ca)
Repeal the paragraphs.
8 Subsections 500(2), (2A) and (2B)
Repeal the subsections.
9 Subparagraph 540(1)(a)(ii)
Omit "or", substitute "and".
10 Subparagraph 540(1)(a)(iii)
Repeal the subparagraph.
11 Subsection 540(2)
Repeal the subsection (including the notes), substitute:
(2) A person satisfies this subsection if the person:
(a) has attained the minimum age for youth allowance (see section 543A); and
(b) is not yet 18 years old; and
(c) satisfies the criteria prescribed by the Minister.
(2A) The Minister may, by legislative instrument, prescribe criteria for the purposes of paragraph (2)(c).
Note: A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.
12 Subsection 540AB (1)
Omit "and ending in accordance with subsection (3)".
13 Paragraph 540AB(1)(e)
Repeal the paragraph.
14 Subsection 540AB(3)
Repeal the subsection.
15 Paragraph 593(1)(b)
Repeal the paragraph.
16 Subsection 593(1AC)
Repeal the subsection.
17 Paragraph 59 3(1D)(e)
Omit "; and", substitute ".".
18 Paragraph 593(1D)(f)
Repeal the paragraph.
19 Subsection 593(1F)
Repeal the subsection.
20 Paragraphs 729(2)(bc) and (bd)
Repeal the paragraphs.
21 Subparagraphs 729(2)(d)(i) to (iic)
Repeal the subparagraphs.
22 Paragraph 729(2)(da)
Repeal the paragraph.
23 Subparagraphs 729(2)(dc)(iii) to (vii)
Repeal the subparagraphs.
24 Paragraph 729(2)(g)
Repeal the paragraph.
25 Subsections 729(2A) and (2B)
Repeal the subsections.
26 At the end of Part 3 of Schedule 1A
Add:
151 Persons not required to comply with employment pathway plan requirements
(1) For the purposes of applying this Act and the Administration Act on and after the commencement day in relation to a person, the person is taken to:
(a) satisfy the employment pathway plan requirements; and
(b) satisfy the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
(2) For the purposes of this section, commencement day means the day Schedule 6 of theSocial Services and Other Legislation Amendment (Workforce Incentive) Act 2022 commenced.
152 Persons under 18 receiving youth allowance
If a person:
(a) was qualified for youth allowance in accordance with subparagraph 540(1)(a)(iii) immediately before the commencement of Schedule 6 to the Social Services and Other Legislation Amendment (Workforce Incentive) Act 2022 ; and
(b) has attained the minimum age for youth allowance (see section 543A); and
(c) is not yet 18 years old;
then the person is taken to have satisfied the criteria prescribed by the Minister for the purposes of paragraph 540(2)(c) until youth allowance ceases to be payable to the person.
Social Security (Ad ministration) Act 1991
27 Divisions 2A, 2B and 2C of Part 3
Repeal the Divisions.
28 Divisions 3AA and 3A of Part 3
Repeal the Divisions.
29 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Part.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Part 2 — Removing the program of support
Social Security Act 1991
30 Paragraph 94(2)(aa)
Repeal the paragraph.
31 Subsections 94(3A), (3C), (3D) and (3E)
Repeal the subsections.
32 After paragraph 94(5)(a)
Insert:
(ab) a person participates in voluntarily; and
33 Sections 94A to 94F
Repeal the sections.
(6) Page 38 (after line 27), at the end of the Bill, add:
Schedule 7 — Jobseeker eligibility
Social Security Act 1991
1 Subparagraph 593(1)(g)(i)
Omit "22 years of age", substitute "18 years of age".
2 Application of amendments
The amendments made by this Schedule apply to a person who makes an application for a jobseeker payment on or after the commencement of this Schedule.
At this time, data are not available to determine how long the vaccine will provide protection, nor is there evidence that the vaccine prevents transmission of SARS-CoV-2 from person to person.
I earnestly believe that climate change is one of the most severe challenges facing Australia today. Though climate change will affect all Australians, it has been evident over the decades that First Nations communities that are disproportionately impacted by the disaster. First Nations peoples have had their sacred sites and resources destroyed in order to allow big corporations to dig up fossil fuels. First Nations communities have had no autonomy over these decisions and have never allowed for these tragedies to occur.
I don't believe that it is too late for the government to act, but I do believe that if there is a time to act decisively, it's now. I would like to see parliament-wide agreement in relation to a commitment to achieving net zero emissions by 2030, through not only words of sympathy and recognition, but through action.
I implore the Minister for Environment, Tanya Plibersek, to not approve any more fossil fuel projects. I ask that the money that previous governments have spent to destroy this country, now be used to build this country by providing a fair transition into renewable energy, and for job creation for all fossil fuel workers.
My name is Nithurshi, a proud Tamil refugee. I am 11 years old, my electorate is Greenway. The term "Refugee" is used to refer to a person who fled from their country, risking everything and crossing borders to escape persecution.
As a refugee myself, I know that a refugee is more than a word, instead a person with resilience. My own mother fled from Tamil Eelam, her homeland, with a child many in her hands on a tiny boat to Australia with many dire conditions and was still hopeful. However, it's hard for refugees to stay hopeful because of the harsh system in Australia. Refugees don't have many opportunities in comparison to citizens.
For instance, last year, I did the Opportunity Class test and my result was high enough to go to an Opportunity Class school. I wasn't able to go because I'm a refugee. Refugees escape to countries for protection and to turn over a new life. However, refugees face more problems such as being deported months later when arriving in Australia.
The Australian parliament must take action. All refugees deserve freedom as they are human and faced hardships. We deserve permanent visas and no more detention centres. Thank you.
I've always considered myself Australian. For thirteen years I had never known a place unlike the sparse but vibrant country I was born in. My mother tongue is English, and Tim-Tams are my favourite snack, followed closely by Lamingtons. There is no place like home. But something had always felt a bit off—that sometimes in infrequent but certainly odd occasions I wouldn't get the same treatment compared with the rest of the flock.
It was made obvious throughout the years that I had looked apart—that I was somehow different, distinct or even—at times—foreign. In supermarkets, on the bus, or even on the streets at times, voices of discontent were applied without apparent reason. It would be better to always give the benefit of the doubt—but most of the time it was what you had expected it to be. In the diverse and multicultural country of ours, a relic of the past still lingers on with many of our citizens today.
This shouldn't be happening. Discrimination of all forms, although relatively unnoticed at times, shamefully is treated like business as usual.
Parliament should endeavour in acknowledging the diversity of this country—especially with its traditional custodians and new settlers who to live better than before. It should make steps to eradicate the relics of the past and live up to its anthem that we truly do have boundless plains to share.
Racism is a fast-spreading pandemic. 1 in 5 people living in Australia have been subjected to racial discrimination. Personally, I find it difficult to leave the house without thinking I could become a victim of racism. I am aware that I'm not the only one who has these feelings.
We talk about Australia being a multicultural and accepting society, yet there are such high rates of racism across the country. How can we talk about this when there are people being bullied and belittled, for belonging to a certain ethnic group or simply having a different skin colour?
Being different is what makes us unique and allows our talents to shine. It Is the year 2022. It is time for change, I wish that the government can educate children at school about the detrimental effects of racism. Racism is a choice, but never an option! The government should help spread more awareness about Racism in Australia, to allow members of the public to better understand the effects of racism in Australia.
We cannot leave this immense issue hanging. Racism is a reality in Australia, and if we continue to ignore it, the consequences will worsen. How many more people must suffer before we can take action?
Australia's new parliament must urgently address the impending climate catastrophe. I have been lucky enough to avoid the major impacts of flooding that impacted my electorate earlier this year, however, I know so many that do not share the same luck. It is a completely surreal feeling to walk around your neighbourhood to find houses completely underwater, boats on streets, and people rescuing their pets by canoes. With the current forecast for similar conditions next year, we need to act.
We cannot continue as a country to ignore the impending crisis, brush off the increasing frequency and severity of drought, bushfires, and floods, and continue business as usual. The hard truth from the IPCC is that with our current climate trajectory and goals, we only have a 50% chance of staying below 2.0C.—a risk that my generation of Australians and all future generations do not want to gamble. Before we even reach 2.0C, climate tipping points are threatening to accelerate this process even more. We are coming towards the edge of a crumbling cliff side, knowing it could give away at any moment, yet we are still walking, running, sprinting towards it.
The government needs to step up and take lead as the global leader in the necessary climate revolution. This does not include sneaking in extra profit by continuing to open polluting coal mines, gas explorations and dirty factories. Science tells us that we need a systemic rethink, restructuring and reorienting throughout Australia, including no more coal or gas plants. Real action, not just empty promises.
I talk to many of my fellow students who are pessimistic about our future. Currently, the government is letting us down. Our nation will be on the frontlines of this ecological emergency, and we must respond accordingly. A less than 50% chance of survival is not good enough.