The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Offshore Petroleum and Greenhouse Gas Storage Amendment (Fight for Australia's Coastline) Bill 2022
… should be consigned to the dustbin of history, where it belongs. … This is a complete no-brainer. … The minister should just do his job and say no to this proposal.
From Newcastle through to Wollongong my Government has listened to the concerns of local … Members and candidates and their communities and we're putting our foot down.
There are few things more important than protecting our marine environment and this is why PEP-11 has engendered such a strong reaction from the community. It's the right call and I know will be a relief for those who have been campaigning so hard against …
Sydney's offshore oceans and future generations will thank us for this decision today.
I can assure all of those who live along our pristine coastline that they will continue to be protected under this government for this generation and the next.
I will not support anything that could harm our waterways and precious marine life.
Absolutely, we will stop PEP-11 going ahead, full stop. Exclamation mark. No question. Not equivocal. No ifs, no buts.
Migration Amendment (Aggregate Sentences) Bill 2023
That this bill be now read a third time.
Higher Education Support Amendment (2022 Measures No. 1) Bill 2022
(1) Schedule 2, item 30, page 19 (line 7), omit "commence", substitute "cause to be conducted independent".
(2) Schedule 2, item 30, page 19 (line 9), omit "2026", substitute "2025".
(3) Schedule 2, item 30, page 19 (line 10), omit "2029", substitute "2028".
(4) Schedule 2, item 30, page 19 (after line 10), after subsection 144-20(1), insert:
(1A) Each review must consider, and make recommendations to the Commonwealth Government about, the expansion of the policy implemented by this Division to other sectors of high skills need in rural, remote and very remote Australia, including the health, mental health and education sectors.
(1B) Each review should consult with rural and remote communities and their health, mental health and education service providers and specifically, the following must be consulted as part of each review:
(a) the National Rural Health Commissioner;
(b) the Regional Education Commissioner.
(5) Schedule 2, item 30, page 19 (line 13), at the end of subsection 144-20(2), add "within 3 months of the commencement of the relevant review".
That this bill be now read a third time.
The Government is determined to tackle these challenges in a spirit of unity and togetherness—as well as urgency. It does not want to waste a single day.
Our country was devastated by the Black Summer bushfires just a few years ago.
But, as frightening as that bushfire season was, the absence of action will see the temperatures and conditions of that year become normal by the 2040s and become a 'good year' by the 2060s.
SELECTION OF BILLS COMMITTEE
REPORT NO. 1 OF 2023
9 February 2023
MEMBERS OF THE COMMITTEE
Senator Anne Urquhart (Government Whip, Chair)
Senator Wendy Askew (Opposition Whip)
Senator Ross Cadell (The Nationals Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Nick McKim (Australian Greens Whip)
Senator Ralph Babet
Senator the Hon. Anthony Chisholm
Senator the Hon. Katy Gallagher
Senator Matt O'Sullivan
Senator David Pocock
Senator Paul Scarr
Senator Lidia Thorpe
Senator Tammy Tyrrell
Secretary: Tim Bryant 02 6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 1 OF 2023
1. The committee met in private session on Wednesday, 8 February 2023 at 7.15 pm.
2. The committee recommends that—
(a) the COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2022, and the Fair Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) Bill 2023 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 21 June 2023;
(b) the Human Rights (Children Born Alive Protection) Bill 2022 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 1 July 2023;
(c) contingent upon introduction in the House of Representatives, the provisions of the Housing Australia Future Fund Bill 2023, the National Housing Supply and Affordability Council Bill 2023, and the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023 bereferred immediately to the Economics Legislation Committee for inquiry and report by 22 March 2023 (see appendix 1 for a statement of reasons for referral);
(d) the Migration Amendment (Evacuation to Safety) Bill 2023 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 March 2023 (see appendix 2 for a statement of reasons for referral);
(e) the provisions of the Treasury Laws Amendment (Consumer Data Right) Bill 2022 bereferred immediately to the Economics Legislation Committee for inquiry and report by 23 March 2023 (see appendix 3 for a statement of reasons for referral); and
(f) the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 16 March 2023 (see appendix 4 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
(Anne Urquhart)
Chair
9 February 2023
Appendix 1
Proposal to refer a bill to a committee
Name of bill:
Housing Australia Future Fund Bill 2023
National Housing Supply and Affordability Council Bill 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
Reasons for referra l /principal issues for consideration:
Consultation with stakeholders on detail of package
Possible submissions or evidence from:
Stakeholders in community and affordable housing and homelessness sectors, tenants' unions, public housing advocates and housing academics.
Committee to which bill is to be referred:
Currently for Finance & Public Admin but we'd like it to go to Economics as the most significant parts of the package are being managed by Treasury.
Possible hearing date(s):
Week beginning Feb 27 & April
Possible reporting date:
27 April
(signed)
Nick McKim
Appendix 2
Name of bill:
Migration Amendment (Evacuation to Safety) Bill 2023
Reasons for referra l /principal issues for consideration:
Bill has the potential to save lives
Possible submissions or evidence from:
Refugee sector, human rights sector, academia
Committee to which bill is to be referred:
Joint Migration Committee or Senate Legal and Constitutional Affairs Committee
Possible hearing date(s):
23—24 March 2023
Possible reporting date:
7 March 2003
(signed)
Nick McKim
Appendix 3
Name of bill:
Treasury Laws Amendment (Consumer Data Right) Bill 2023
Reasons for referra l /principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Various stakeholders
Committee to which bill is to be referred:
Economics Legislation Committee
Poss ible hearing date(s):
Feb—March
Possible reporting date:
23 March 2003
(signed)
Wendy Askew
Appendix 4
Name of bill:
Workplace Gender Quality Amendment Bill 2023
Reasons for referra l /principal issues for consideration:
Complicated
Possible submissions or evidence from:
Various
Committee to which bill is to be referred:
Finance and Public Administration Legislation Committee
Possible hearing date(s):
Feb—March
Possible reporting date:
16 March 2003
(signed)
Wendy Askew
That the report be adopted.
The Senate divided. [11:23]
(The President—Senator Lines)
That general business notice of motion No. 155 standing in the name of the Leader of the Australian Greens in the Senate (Senator Waters), relating to maternity and reproductive health services be considered during general business today.
The Senate divided. [11:32]
(The President—Senator Lines)
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 9 June 2023:
The impacts and management of feral horses in the Australian Alps, with particular reference to:
(a) identifying best practice approaches to reduce the populations of feral horses in the Australian Alps and their impact on:
(i) biodiversity, including threatened and endangered species and ecological communities listed under Commonwealth, state or territory law,
(ii) the ecological health of the Australian Alps national parks and reserves,
(iii) Indigenous cultural heritage, and
(iv) the headwaters of the Murray, Murrumbidgee, Snowy and Cotter Rivers, including their hydrology, water holding capacity, water quality, habitat integrity and species diversity;
(b) Commonwealth powers and responsibilities, including:
(i) the protection of matters of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 , including listed threatened species and communities and the National Heritage listed Australian Alps national parks and reserves,
(ii) obligations under international treaties, such as the Convention on Biological Diversity, and
(iii) the commitment to prevent new extinctions under the threatened species action plan;
(c) the adequacy of state and territory laws, policies, programs and funding for control of feral horses and other hard-hoofed invasive species in the Australian Alps, and their interaction with Commonwealth laws and responsibilities;
(d) measures required to repair and restore native habitats for species impacted by feral horses and other hard-hoofed invasive species in the Australian Alps, including for iconic species like the corroboree frog and the platypus; and
(e) any other related matters.
That there be laid on the table by the Minister representing the Minister for Defence, by no later than midday on Monday, 6 March 2023:
(a) advice provided to the Prime Minister in relation to Australia's decision to deploy members of the Australian Defence Force (ADF) into Iraq in March 2003;
(b) correspondence with the United States Embassy, the United States Department of State and the United States Department of Defence, in relation to decision making to enter Iraq in 2003; and
(c) all instructions given by the Minister for Defence to senior Department of Defence officials and Heads of Service in relation to general control and administration of the ADF in 2003.
The Senate divided. [11:37]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Friday, 10 February 2023, the following documents relating to the rollover of fixed rate mortgages to variable rate mortgages:
(a) any briefing notes, file notes, emails, correspondence or other records of interaction since 30 January 2023 between:
(i) the Department of the Treasury and the Treasurer or his office,
(ii) the Department of the Treasury and the Reserve Bank of Australia, or
(iii) the Department of the Treasury and the Australian Bureau of Statistics;
(iv) the Department of the Treasury and the Australian Prudential Regulation Authority
in relation to:
(b) data collection relating to new home loan lending, by fixed and variable interest rate;
(c) lending data from the Economic and Financial Statistics collection mentioning Australian mortgage holders due to switch from fixed to variable interest rates; and
(d) Reserve Bank of Australia internal data referring to a number or value of loans by interest rate type.
GENERAL BUSINESS NOTICE OF MOTION NO. 150
(1) That the following documents be laid on the table by the Minister representing the Minister for Resources, by no later than 5 pm on 3 March 2023:
(a) all requests for advice from the minister's office to the Department of Industry, Science and Resources in respect of Petroleum Exploration Permit 11 (PEP-11) and subsequent responses;
(b) any brief to the new Minister for Resources specifically in relation to the advice, legal or otherwise, on PEP-11; and
(c) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Minister and/or department and stakeholders (including any employee or non-executive director of Asset Energy, Advent Energy, MEC Resources, BPH Energy and Grandbridge Limited) with reference to PEP-11.
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
GENERAL BUSINESS NOTICE OF MOTION NO. 151
(1) That the following documents be laid on the table by the Minister representing the Prime Minister, by no later than 5 pm on 3 March 2023:
(a) all requests for advice from the Prime Minister's office to any government department in respect of Petroleum Exploration Permit 11 (PEP-11) and subsequent responses;
(b) any brief to the new Prime Minister specifically in relation to the advice, legal or otherwise, on PEP-11; and
(c) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Minister and/or relevant department and stakeholders (including any employee or non-executive director of Asset Energy, Advent Energy, MEC Resources, BPH Energy and Grandbridge Limited) with reference to PEP-11.
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
The Senate divided. [11:46]
(The President—Senator Lines)
That the final independent cost assessment for the Bunbury outer ring road project be laid on the table by the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, by no later than 5 pm on Friday, 10 February 2023.
The Senate divided. [11:54]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than 5 pm on Friday, 10 February 2023, in relation to the Bunbury outer ring road project in Western Australia:
(a) any non-compliance notifications from the proponent to the department, or compliance reports requested by the department since 1 August 2022; and
(b) the offsets strategy and offsets management plan submitted by the proponent to the department for approval by the Minister.
That the Senate—
(a) notes that:
(i) on 7 February 2023, the Senate agreed to order for production of documents no. 123 (the order), requiring the Minister representing the Treasurer to table a copy of the current Budget Process Operational Rules (BPORs) used on the formation of the 2023-24 Budget and associated documents by midday on 8 February 2023,
(ii) on 8 February 2023, the Minister representing the Treasurer made a public interest immunity claim over the documents sought by the order, and
(iii) on 28 November 2022, the Government complied with an order for the production of documents of 23 November 2022 (87—Budget 2022-23—Budget Process Operational Rules), which was substantively the same;
(b) resolves to:
(i) reject the claim of public interest immunity over the documents sought in the order by the Minister representing the Treasurer,
(ii) reaffirm its agreement to the order, and
(iii) require the Minister representing the Treasurer to comply with the order as soon as possible, and by no later than 5 pm on Thursday, 9 February 2023.
The Senate divided. [12:02]
(The President—Senator Lines)
Export Control Amendment (Streamlining Administrative Processes) Bill 2022
Therapeutic Goods Amendment (2022 Measures No. 1) 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.
EXPORT CONTROL AMENDMENT (STREAMLINING ADMINISTRATIVE PROCESSES) BILL 2022
Streamlining regulation and cutting red tape is essential for growing Australia's agriculture industries, exports and market access.
Our agricultural industries produce more than our country needs. They export the bulk of their product and rely on an effective regulatory system to assist them in doing so.
It is vital that export control legislation remain current and fit-for-purpose, keeping step with developments in importing country requirements, changing regulatory objectives and industry practice advancements.
This Bill will achieve this by making information sharing provisions within the export control legislation more flexible. It will allow relevant information to be efficiently shared with regulatory partners, exporters and other key stakeholders, while maintaining appropriate control on the sharing of certain kinds of information that may cause harm.
It will support the Department of Agriculture, Fisheries and Forestry to streamline complex administrative and authorisation processes to access and utilise the export control information that it already holds, such as trade statistics, industry information and market intelligence.
Currently, all information collected under the Act is classified as 'protected' information, irrespective of whether or not it is commercially or trade sensitive, or sensitive within the meaning of the Privacy Act 1988 .
Consequently, the department's ability to share non-harmful information is limited and comes with administrative complexity, time and resource costs which impact the efficient regulation of trade activities.
Streamlined information sharing requirements can assist with rapid delivery of information that can be essential in trade situations—for instance, where an importing country may hold and request further information about a consignment of fresh produce at its port.
This Bill will benefit our exporters and trade partners by satisfying the growing demand for intelligence to sustain and grow our export markets.
It will more efficiently allow for the provision of relevant information to other Australian Government departments or agencies in appropriate circumstances, while ensuring appropriate safeguards for information which could cause harm.
Being able to efficiently use and re-purpose export control information will increase our ability to innovate and to make gains from those innovations to retain Australia's competitive edge in the international agricultural export market.
The September quarter ABARES Agricultural Commodities Report, brought welcome news of a record forecast exceeding 70 billion dollars in value of Australian agricultural exports.
By cutting red tape and continuing to streamline regulation and administrative arrangements as we are here, the Government is supporting the agriculture sector's ambition to grow and becoming a $100 billion dollar industry by 2030.
The amendments in this Bill are also consistent with the broader information sharing reform work occurring across government. The government takes the protection of private information seriously, and this Bill will not affect the department's commitment to continue to protect personal or sensitive information as identified in the Privacy Act 1988 .
Greater flexibility in being able to analyse and explore the export data we hold opens opportunities to support key priorities such as Busting Congestion for Agricultural Exporters and other agricultural policy initiatives.
The improved information sharing arrangements ensure greater flexibility and tailoring for export control purposes and will make the export control legislative framework more effective, efficient and future-focussed.
The Bill will also make some minor amendments to the Act to simplify processes and improve effective administration of the Act.
This Bill will support a modern export system, providing streamlined processes for exporters and improved delivery of services that will benefit our agricultural export industry.
THERAPEUTIC GOODS AMENDMENT (2022 MEASURES NO. 1) BILL 2022
I am pleased to introduce the Therapeutic Goods Amendment (2022 Measures No. 1) Bill 2022.
This Bill amends the Therapeutic Goods Act 1989 to implement a number of measures which support the delivery of the highest quality healthcare for the Australian public by ensuring the continued access to critical prescription medicines and supporting the safe use of therapeutic goods by strengthening therapeutic goods post-market monitoring and compliance.
In particular, the Bill supports the implementation of a scheme for the mandatory reporting by hospitals of adverse events associated with medical devices. Following the 2017 Senate Inquiry into the Number of women in Australia who have had transvaginal mesh implants and related matters , the Inquiry made a number of recommendations designed to improve patient safety and better ensure the early detection of safety signals. Recommendation 1 from the Inquiry noted the vital role of adverse event reporting in post market surveillance. The Bill introduces the legislative framework for a scheme involving the mandatory reporting of adverse events associated with medical devices by hospitals, reflecting that for many patients the hospital setting is where adverse events involving medical devices occur or are recognised. This measure supports the improved monitoring of safety concerns associated with medical devices through access to information held by hospitals that identifies serious adverse events, and facilitates the earlier detection of safety signals that may raise concerns about particular devices.
The Bill encourages innovation and investment in biologicals in Australia by introducing a new dedicated pathway for marketing approval of biologicals that are for export only. This measure is designed to provide incentives for investment in the export of biologicals from Australia, and encourages development of this industry, by reducing regulatory burden and supporting sponsors of such products to obtain marketing approval. It would also ensure consistency across the regulatory schemes for medicines, medical devices, and biologicals.
The Bill addresses and alleviates the effects of medicine shortages, by amending the Act to allow the Secretary of the Department of Health and Aged Care to approve the importation or supply of an unapproved medicine that could act as a substitute for medicine that was previously approved in Australia. This measure provides an important additional mechanism to help deal with critical medicine shortages, by allowing the importation or supply of an available overseas medicine that could act as a substitute for a medicine that was approved in Australia, but has since been cancelled or suspended. In some cases, this may be the only option to deal with a medicine shortage. Before exercising such a power, the Secretary would consider the suitability of granting such an approval, including whether it is in the interest of public health.
The Bill supports the safe use of therapeutic goods by strengthening monitoring and compliance activities through a number of measures. The Bill removes review rights for decisions to require the production of information/documents which are critical in identifying and investigating potential contraventions of the Act, detecting safety concerns, and potentially preventing adverse events, associated with therapeutic goods. This measure is designed to prevent avenues of review for such decisions being misused to impede and delay timely regulatory action to protect Australians.
The Bill introduces a general information gathering power to enable the Secretary to request information from any person who may hold information relevant to a potential contravention of the Act. This may include, for example, a financial institution which may hold records of transactions, contractors involved in the supply chain or persons who are involved with the supply of illegal therapeutic goods. This general information gathering power is designed to support the comprehensive and timely investigation of possible contraventions of the Act and enhance the protection of Australian consumers from poor quality, and potentially unsafe, therapeutic goods through access to relevant documentation about potential contraventions of the Act. The Bill also extends the timeframe for holding seized goods to 120 days, to provide a more appropriate timeframe for seized goods to be laboratory tested, analytically assessed and carefully examined, and for regulatory or compliance action to be instituted where appropriate.
The Bill makes a couple of changes to the regulation of advertising of therapeutic goods. First, the Bill provides that the advertising requirements do not apply to an updated list of persons, including certain health professionals (such as oral health therapists), persons purchasing therapeutic goods on behalf of registered charities or governments, or to purchasing officers or practice managers of healthcare practices. Second, the Bill provides a mechanism for an approval of a restricted representation to be withdrawn where additional information about the efficacy of therapeutic goods becomes available. This ensures that therapeutic goods advertising only contains correct and accurate information, taking into account all relevant information known about the goods, and therefore reducing the risk of unsafe use by consumers.
The Bill contains a measure to support compliance by enabling the Secretary, on the Secretary's own initiative, to extend the due date for payment of an infringement notice, supporting the early resolution of a contravention of the Act where a person intends to pay the infringement notice, but does not do so before the expiry date. In so doing, this measure will support the early resolution of contraventions of the Act by infringement notice rather than criminal or civil court proceedings.
The Bill also makes a number of other amendments to improve the clarity and consistency of regulatory requirements, codify current practices, and make other more minor changes to remove redundant provisions and correct typographical errors. In particular, this includes amendments to:
That in accordance with section 176 of the National Anti-Corruption Commission Act 2022 (the Act), matters relating to the powers and proceedings of the Parliamentary Joint Committee on the National Anti-Corruption Commission shall be as follows:
(1) members appointed in accordance with subsection 172(3) of the Act be nominated by the Leader of the Government in the Senate, Leader of the Opposition in the Senate, or any minority group or independent Senator in the Senate and the Government Whip or Whips, Opposition Whip or Whips, or any minority group or independent Member in the House;
(2) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;
(3) in addition to the chair elected in accordance with subsection 173(1) of the Act, the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee;
(4) at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(5) when acting as chair, the deputy chair or other member presiding at a meeting of the committee shall have a deliberative vote and, in the event of an equally divided vote, a casting vote;
(6) three members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;
(7) the committee:
(a) have power to appoint subcommittees consisting of three or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine; and
(b) appoint the chair of each subcommittee who shall have a deliberative vote and, in the event of an equally divided vote, a casting vote;
(8) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(9) two members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;
(10) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(11) the committee or any subcommittee have power to:
(a) call for witnesses to attend and for documents to be produced;
(b) conduct proceedings at any place it sees fit;
(c) sit in public or in private;
(d) report from time to time; and
(e) adjourn from time to time and to sit during any adjournment of the Senate or the House of Representatives;
(12) the committee or any subcommittee have power to consider and make use of the evidence and records of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (PJC-ACLEI) appointed during the current and previous Parliaments once PJC-ACLEI ceases to exist;
(13) in carrying out its duties, the committee or any subcommittee ensure that the operational methods and results of investigations of law enforcement, integrity and intelligence agencies, as far as possible, be protected from disclosure where that would be against the public interest; and
(14) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
That the Senate concurs with the resolution of the House of Representatives relating to the appointment of the Parliamentary Joint Committee on the National Anti-Corruption Commission.
Higher Education Support Amendment (Australia's Economic Accelerator) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Bill amends the Higher Education Support Act 2003 to support our universities in turning Australia's world-class research into the innovative products and processes and businesses of the future.
We are rightly proud of the work our universities do in research.
Our foundational research is amongst the best in the world.
In the 2022 World Intellectual Property Organisation's Global Innovation Index, Australia was ranked 5th in the world for our human capital and research.
But we have a gap when it comes to getting that world-class research to the stage where it can be translated into practical and commercial applications.
Research translation and commercialisation is important.
It means that we get a bigger dividend on our investment in research in this country. New technologies developed in Australia improve our production processes, reduce costs, create innovative new products and lead to greater diversity in our exports.
And yet on the same Global Innovation Index where we lead on research, we are ranked 37th for knowledge and technology outputs.
That means that right now we are not realising the full potential of our university research because we lack the support needed to bring that research to the translation and commercialisation stage.
The former Government's University Research Commercialisation Panel considered this problem and recommended a dedicated funding program to help higher education providers bridge that gap.
And that's what this bill does.
The bill amends the Higher Education Support Act to provide legislative authority to establish the "Australia's Economic Accelerator " Program in theOther Grants Guidelines (Resear ch) made under that Act.
The Australia's Economic Accelerator, or AEA, Program is a new funding program targeted at supporting research translation and commercialisation within our universities.
Table A and B universities will be able to apply for project funding to progress their projects to a state of commercial investor readiness.
Distinct from other funding models in research, the AEA will have a "fast-fail" focus. It will fill a gap in the current research commercialisation landscape by funding translational research from early-stage research into a product that shows viability for industry partnership and investment.
Projects will progress through the program based on continued success and achievement milestones.
This funding will benefit projects which have high commercialisation potential but which are at the proof-of-concept or proof-of-scale stage.
And funding will be targeted at projects which align with the priority areas identified in the Government's National Reconstruction Fund.
The Hon Ed Husic MP, Minister for Industry and Science, introduced legislation on 30 November 2022 to enable the establishment of a $15 billion National Reconstruction Fund.
Minister Husic has described that Fund as one of the largest peacetime investments in our country's manufacturing capability in living memory.
The projects under the AEA Program will align with the priority areas of that Fund.
Value-adding in resources.
Value-adding in agriculture, forestry and fisheries.
Transport.
Medical science.
Renewables and low emission technologies.
Defence capabilities.
And Enabling Capabilities across sectors, like Robotics, AI and quantum technologies.
These are areas where Australian research already has runs on the board and the measures in this bill will support bringing that research to maturity, utilisation and commercialisation.
AEA Program Governance
The Bill establishes a governance framework for the AEA Program, with an Advisory Board of up to eight expert representatives from government, industry, business and research sectors.
The Advisory Board will oversee the program and make recommendations for grants in accordance with a research commercialisation strategy.
National Industry PhD Program
The Bill also provides legislative authority to establish a National Industry PhD Program.
This is about equipping our PhD students with the skills they will need to better translate university research into a range of commercialisation outcomes.
The measures will provide a basis for new industry-led post-graduate programs that create a clear and structured career pathway in innovation and commercialisation focused research.
These programs are intended to embed researchers in industry settings, enhancing research commercialisation and translation skills and helping to build research careers in industry.
We are fortunate in this country to have world-leading researchers in our higher education sector.
This bill supports our higher education providers and our researchers in realising the great potential of Australian ingenuity and innovation.
It will help make it easier for universities and businesses to work together to commercialise research, building our sovereign capability and boosting our economy.
I commend the Bill to the chamber.
That the Senate take note of the explanation.
This chamber has significant powers available to it to hold government to account, but, in order to do that, all non-government senators have to stand together and work together.
This disregard for the Senate that is being perpetrated, I think quite knowingly, by this government must be responded to.
Under the doctrine of 'public interest immunity', historically described as 'Crown privilege', the Executive Government may seek to claim immunity from requests or orders, by a court or by Parliament, for the production of documents on the grounds that public disclosure of the documents in question would be prejudicial to the public interest.
The Government commits to engage closely and respectfully with First Nations people, and the Australian community more broadly, ahead of the referendum.
… the Government will invest in First Nations management of lands and waters, humbly recognising the skills and knowledge gained over tens of thousands of years.
The kids are not getting fed, the women get bashed up, and it's just going back to the way it was.
Ever since Hollingworth resigned in disgrace and we found out he was getting a generous gift from the taxpayer, victim survivors have felt that it was completely wrong.
It does not pass the pub test, it doesn't resonate—and that's not just with the survivors but the general public who look at this and think "what a rort."
When the Governor-General act was introduced and this wasn't included, I'm sure it was an oversight, survivors are so grateful for this move today.
Another day, another baseless scare campaign from David Littleproud. Changes to the fuel tax credit are not on the Government's agenda. We're not ending the weekend, we're not ending the backyard BBQ and we're not ending this either. Poor David.
… the Government recommends that the Fair Work Commission ensures that the real wages of Australia's low-paid workers do not go backwards.
What we need now is just to get on with it, what I think we don't need is major reversals.
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
That the Senate take note of the answer given by the Minister for Finance (Senator Gallagher) to a question without notice I asked today relating to income tax rates.
That the time for the presentation of the report of the Environment and Communications References Committee on oil and gas exploration in the Beetaloo Basin be extended to 21 March 2023.
Australian Government response to the Joint Standing Committee on Treaties report 1 94:
Amendments 2020—CITES
Amendments to Appendices I, II and Ill of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Introduction
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a multilateral treaty comprising mechanisms for regulating international trade in endangered species. Endangered species are listed in three appendices according to the degree of risk of extinction.
Amendments to Appendices I, II and III of CITES were adopted at the 18th Conference of the Parties (CoP) held in Geneva, Switzerland on 28 August 2019 and tabled in the Parliament on 30 November 2020.
Response
The government thanks the committee for its consideration of the Amendments 2020—CITES—Amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which was tabled on 16 March 2021. The government provides the following response to the committee's recommendations on this matter.
Recommendation 2
The Committee recommends that, as soon as practicable after the Australian Government is informed of a proposed amendment to a species listed in the CITES Appendices for whic h Australia is a range state, or in which Australia is involved in international trade, the relevant Minister should refer, by letter, the proposed amendment to the Committee/or inquiry, citing paragraph l(b) of the Committee's resolution of appointment.
R esponse
Agreed. The government acknowledges the committee's concerns regarding timing of the amendments to the appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. This government will ensure that any proposed amendments for species for which Australia is a range state, or in which Australia is involved in international trade are referred to the committee for inquiry as soon as practicable after it is informed of the proposal, citing paragraph l(b) of the committee's resolution of appointment.
Australian Government response to the Joi nt Standing Committee on the National Disability Insurance Scheme (NDIS) report:
General Issues 2021
Introduction
The Australian Government welcomes the Joint Standing Committee on the National Disability Insurance Scheme's (the Committee's) second report in the 46th Parliament on General Issues related to the implementation and performance of the National Disability Insurance Scheme (NDIS).
The report examines new issues raised since the tabling of the first report in December 2020 and provides an update on the Committee's recent activities. In particular, the report makes two recommendations:
1. 3.27 The committee recommends that the Australian Government reconsider its responses to particular recommendations in the committee's previous reports, as outlined in this chapter.
2. 5.29 The committee recommends that the Joint Standing Committee on the National Disability Insurance Scheme of the 47th Parliament of Australia reinitiate this committee's inquiry into Current Scheme Implementation and Forecasting for the National Disability Insurance Scheme and continue to consider evidence received by the committee in the 46th Parliament.
The first recommendation relates to the Committee's view about three previous recommendations in the Committee's first General Issues 2020 report and six previous recommendations in the Committee's final NDIS Planning report. In relation to the Committee's General Issues 2020 report, the Australian Government supports the Committee's view about the previous Government response in relation to Recommendation 3 and notes the Committee's view expressed in relation to Recommendations 7 and 8 regarding engagement with people with disability who are homeless. In relation to the Committee's final NDIS Planning report, the Australian Government supports the Committee's view about the previous Government response in relation to Recommendation 2 and notes the Committee's view expressed in relation to Recommendations 7, 18, 26, 34 and 35.
The Australian Government supports the second recommendation that the Joint Standing Committee on the National Disability Insurance Scheme of the 47th Parliament of Australia reinitiate its inquiry into Current Scheme Implementation and Forecasting for the National Disability Insurance Scheme and continue to consider evidence received by the committee in the 46th Parliament.
The following pages provide the Australian Government response to each of the recommendations and planned actions, including activity that is currently in train or has already been undertaken.
Inquiry into the Joint Standing Committee on the National Disability Insurance Scheme: General Issues 2021 report
Recommendations made by the Committee
1. 3.27 The committee recommends that the Australian Government reconsider its responses to particular recommendations in the committee's previous reports, as outlined in this chapter.
Australian Government responses to the Committee view about recommendations 3, 7 and 8 of the General Issues 2020 Report and recommendations 2, 7, 18, 26, 34 and 35 of the final NDIS Planning Report are listed against the individual recommendations below.
Government response to Committee view about previous response to particular recommendations in the General Issues 2020 report
Recommendation 3. The committee recom mends that the National Disability Insurance Agency (NDIA) regularly and systemically engage with people with psychosocial disability and representative organisations to better understand the needs of people with psychosocial disability and mental illness.
Previous Government Response: Supported
'The NDIA engages regularly with people with psychosocial disability and mental illness, including through the Mental Health Sector Reference Group, established on 9 December 2014, to develop a strong working partnership between the mental health sector and the NDIA.
The Participant Reference Group also provides advice to the NDIA about the needs and experiences of NDIS participants, including people with psychosocial disability and mental illness.
In addition, the NDIA engages with participants with psychosocial disability and mental illness through targeted national public consultation. For example, national consultation is scheduled for February 2021 on the Psychosocial Recovery Coach Framework.'
Committee vi ew in General Issues 2021 report:
The committee remains concerned about the extent to which the NDIA is consulting with people with psychosocial disability and implementing changes in response to this feedback, particularly in light of the evidence that th e committee received about the impact independent assessments could have on people with psychosocial disability. The committee encourages the NDIA to continue consulting with people with psychosocial disability, including through forthcoming co-design proc esses, and to put in place robust measures to ensure that it is not just listening to what people from this cohort say in consultations, but also taking action.
Response to the Committee view in the General Issues 2021 report: Supported
The Government is committed to meaningful engagement with people with psychosocial disability, including through development of the NDIS Psychosocial Disability Recovery-Oriented Framework (Recovery Framework). The NDIA continues to convene the NDIS Mental Health Sector Reference Group to assist the Agency to improve outcomes for participants with psychosocial disability and provide guidance on implementation of the Recovery Framework; and engages directly with people with lived or observed experience of psychosocial disability through its Participant First Engagement Initiative.
The Government will review the design, operation and sustainability of the NDIS, bringing forward the 2023 independent review of the Scheme (the NDIS Review), with a focus on improving all aspects of the participant experience.
Recommendation 7. The committee recommends that the National Disability Insurance Agency develop a strategy to engage with people with disability who are homeless and to work with this cohort or participants once their access re quests have been approved.
Previous Government Response: Noted
'All governments have agreed to the "Principles to determine the responsibilities of the NDIS and other service systems", including Applies Principles and Tables of Support (Applied Principle). Applied Principle 8 outlines housing and community infrastructure responsibilities with homelessness related services primarily the responsibility of states and territories. This includes homelessness prevention, outreach and access to temporary and long term housing for people who are homeless, or at risk of homelessness.
The Commonwealth, states and territories developed the National Housing and Homelessness Agreement (NHHA) which commenced on 1 July 2018 and includes
$129 million set aside for homelessness services in 2020-21. Under the NHHA, to receive funding, state and territory governments are required to have publicly available housing and homelessness strategies and contribute to improved data collection and reporting.'
Committee view in General Is sues 2021 report:
While the committee acknowledges the role of states and territories in the provision of housing and homelessness services to individuals experiencing homelessness, the committee is of the view that issues with accessing housing should not prevent individuals with a disability experiencing homelessness from engaging with the NDIS and using the supports that the scheme has to offer.
The committee will also continue to examine issues regarding the interfaces of mainstream service provision, s uch as housing and homelessness services, and the provision of NDIS supports in its inquiry into NDIS Implementation and Forecasting (see Chapter 5).
Response to the Committee view in the General Issues 2021 report: Noted
The Australian Government recognises the housing vulnerabilities faced by people with a disability. Disability Ministers recently met and agreed actions to support timely hospital discharge for NDIS participants. This includes a range of actions to accelerate NDIA administrative processes to support timely discharge. Medium-Term Accommodation funding will also be available to support more timely discharge for participants eligible for NDIS funded home modifications or Specialist Disability Accommodation while longer term solutions are progressed.
The Productivity Commission (PC) has reviewed the National Housing and Homelessness Agreement (which provides around $1.6 billion each year to states and territories to deliver housing and homelessness services) to examine its effectiveness in meeting its objectives, outcomes and outputs, and its suitability for the future. The PC delivered its final report to Government on 31 August 2022. The findings and recommendations of the PC review are expected to inform future arrangements for funding housing and homelessness services.
Recommendation 8. The committee recommends that the National Disability Insurance Agency introduce Liaison Officers to work with homelessness organisations and related services to facilitate imp roved National Disability Insurance Scheme (NDIS) access and planning for people with disability who are homeless and eligible for the NDIS.
Previous Government Response: Noted
'The Government notes the recommendation to implement homelessness Liaison Officers for the NDIS, but recognises that homelessness services remain the responsibility of state and territory governments. The NDIA currently has a network of Health and Justice Liaison Officers [JLOs] who support both participants and mainstream systems to understand and connect to the NDIS, including participants who have experienced, or may be experiencing, homelessness.
In addition, the NDIA undertakes a range of community and mainstream engagement activities, including with homelessness services. NDIA Local Area Coordinators (LACs) also work with mainstream and community services to support potential and existing participants to access the NDIS and supports.'
Committee view in General Issues 2021 report:
See above. [View expressed in relation to Recomme ndation 7]
Response to the Committee view in the General Issues 2021 report: Noted
The Government will continue to engage with states and territories through the Disability Ministers' Meetings and associated working groups to ensure mainstream interfaces between the NDIS and state and territory service systems meet the needs of people with disability.
Government response to Committee view about previous Government response to particular recommendations in the final NDIS Planning report
Recommendation 2. The committee recommends that the Australian Government implement Recommendation 3 of the Review of the National Disability Insurance Scheme Act 2013 (the Tune Review).
Previous Government Response: Supported in principle
'The Government agrees with the intent of Mr Tune's recommendations in relation to ensuring participants are supported to navigate the NDIS. …
In addition:
The Government will monitor the effectiveness of these reforms before considering whether further investment is needed.'
Committee view in G eneral Issues 2021 report:
The committee encourages the Government to monitor the effectiveness of its current measures in relation to funding for advocacy services.
Response to the Committee view in the General Issues 2021 report: Supported
The Government is committed to monitoring the effectiveness of measures related to funding for advocacy services, including the National Disability Advocacy Program (NDAP) and the NDIS Appeals Program, and to ensuring people with disability across Australia can access advocacy support in a way that suits their needs and preferences.
The NDIS review will consider the design, operation and sustainability of the NDIS and provides an opportunity to consider all aspects of the participant experience of the Scheme.
R ecommendation 7. The committee recommends that the National Disability Insurance Agency develop, publish and implement a strategy for engaging with participants in custody to ensure that these participants are not unfairly disadvantaged in planning; and ar e assigned to planners who have the expertise to work with them.
Previous Government Response: Noted
'The NDIA has committed resources to overcome the challenges custodial settings present for supporting people with disability to navigate the NDIS, while appreciating the clear state and territory responsibility for criminal justice settings…This includes the introduction of [Justice Liaison Officers] in all jurisdictions, undertaking awareness raising activities, and better promotion of standard practices and information sharing in the criminal justice space.
In addition, the NDIA is developing an external resource, Our Guideline—Justice System...
This guideline is due for publishing before 30 June 2021.'
Committee view in General Issues 2021 report:
The com mittee encourages the Government to re-examine whether its current measures to engage with participants in custody are sufficient, particularly in light of evidence received by the Disability Royal Commission.
Response to the Committee view in the General Issues 2021 report: Noted
The Government is working closely with state and territory governments to ensure the needs of Australians with disability are met in custodial settings, as well as when they transition back to the community.
The NDIS review will consider the design, operation and sustainability of the NDIS, and will provide an opportunity to consider how the NDIS interacts with state and territory mainstream systems.
Recommendation 18. The committee recommends that the Australian Government amend t he National Disability Insurance Scheme (Supports for Participants) Rules 2013 to require the CEO of the National Disability Insurance Agency (or their delegate) to take into account any expert advice developed specifically for a participant when deciding whether a support would, or would likely, be effective and beneficial for that participant.
Previous Government Response: Noted
'From late-2021, the outcomes of independent assessments will be a key input into deciding the value of a plan budget. This will mean that the current approach to creating a participant's plan budget will change, with the amount of funding in a participant's plan informed by their functional capacity as determined through an independent assessment, not a listing of individual reasonable and necessary supports...'
Committee view in General Issues 2021 report:
Given the Government has announced that independent assessments and Personalised Budgets in their proposed form will not proceed, the committee urges the Government to revisit t his recommendation and its response to it.
Response to the Committee view in the General Issues 2021 report: Noted
The Government recognises the importance of getting NDIS participants' plans right and notes the NDIS Review provides an opportunity to examine how evidence is used to support decision-making under the NDIS Act, including the role of expert advice. The Government is committed to working with the disability community to co-design an improved NDIS that delivers improved participant experiences and outcomes.
Recommendation 26. The committee recommends that the National Disability Insurance Agency:
a. increase its family violence training for planners in how to identify family violence and what appropriate referral services exist,
b. ask participants before their planning meetings if they have a preference for a planner with a particular gender,
c. create a team of specialised planners within the Complex Support Needs pathway who are specially trained in how to plan for participants experiencing family violence, and
d. ensure that planners and Local Area Coordinators are able to refer participants who they suspec t are experiencing family violence to this pathway.
Previous Government Response: Noted
'The NDIA upholds the Commonwealth, state and territory governments' shared responsibility for effectively responding to family violence and child abuse. As such all new starters in the NDIA complete a mandatory suite of eLearning which includes a module on Family and Gender Based Violence Prevention. Given that the training is mandatory for all those coming into contact with participants, a team of specialised planners in this regard is not judged necessary.
If a participant self identifies as someone experiencing family violence, the Partner in the Community or planner will support them to the correct external pathway, for example Police and/or emergency services. Participants are also able to request a different planner should they not be comfortable for whatever reason including if they have a preference for a planner with a particular gender.'
Committee view in General Issues 2021 report:
Given that the government res ponse did not identify proactive measures in addition to online training currently undertaken by the NDIA in relation to identifying participants at risk of experiencing family violence, the committee encourages the Government to re-examine whether its cur rent procedures and training on family violence are adequate to support participants experiencing family violence in the planning process.
Response to the Committee view in the General Issues 2021 report: Noted
The Australian Government is committed to ensuring the safety of all Australians, including those with disability. Domestic, family and sexual violence cannot be excused or justified under any circumstances.
The NDIS Review provides an opportunity examine how the NDIS supports participants, and to explore ways to improve participant safeguarding. The Government will continue to work with the disability community on the co-design of a new policy on participant safety.
Recommendation 34. The committee recommends that the National Disability Insurance Ag ency develop and publish de-identified summaries of key themes arising from settlement outcomes in the Administrative Appeals Tribunal.
Recommendation 35. The committee recommends that the Australian Government ensure that the National Disability Insurance Agency is sufficiently resourced to carry out the functions outlined in Recommendation 34.
Previous Government Response: Noted
'The AAT generally publishes decisions in relation to the NDIS in accordance with its publication of decisions policy… AAT settlements are not precedent-setting, and all cases are considered on their individual merits.
The Government is committed to appropriately resourcing the NDIA so the agency can undertake all its legislated functions.'
Committee view in General Issues 202 1 report:
The committee calls upon the Government to reconsider its position on this matter, given that multiple bodies—this committee, the Tune Review and the Australian National Audit Office—have now made this recommendation.
Response to the Committee view in the General Issues 2021 report: Noted
The Administrative Appeals Tribunal (AAT) remains responsible for the publication of matters before the tribunal and the AAT's annual report includes details on its operations.
2. 5.29 The committee recommends that the Joint Standing Committee on the National Disability Insurance Scheme of the 47th Parliament of Australia reinitiate this committee's inquiry into Current Scheme Implementation and Forecasting for the National Disability I nsurance Scheme and continue to consider evidence received by the committee in the 46th Parliament.
Supported
The Government supports the intention to re-initiate the Committee's inquiry into Current Scheme Implementation and Forecasting for the NDIS in the 47th Parliament of Australia. The Government is committed to ensuring the NDIS is working as intended for its participants, and welcomes the opportunity to work with the incoming Chair of the Committee as the inquiry proceeds.
That the Senate take note of the document.
That the Senate take note of the document.
… our sovereignty is stronger when we work with others towards shared goals, in ways that respect each other's national interests.
… it is more important than ever that we work with the countries of the region to continue to reduce tensions and maintain the peace and security that has underpinned economic prosperity.
Our primary effort is to use our diplomacy to reduce tensions and create pathways for peace.
… we will not trade sovereignty for capability. To do so would be illusory. For the only point of increased capability is to strengthen sovereignty.
Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022
Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022
Work Health and Safety Amendment 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 LEGISLATION AMENDMENT (CONTROLLED TRIALS AND OTHER MEASURES) BILL 2022
The Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022 will amend the Customs Act 1901 (Customs Act) to establish a new regulatory framework (known as Regulatory Sandboxes) to undertake time-limited trials of trade and customs practices and technologies, with approved entities, in a controlled regulatory environment, before committing to legislative change.
Regulatory Sandboxes ensure regulation keeps pace with industry developments, remains fit-for-purpose and does not become a barrier to innovation and productivity. This is among the first regulatory sandbox mechanisms identified within a Customs framework, worldwide.
The Bill will enable the modification or waiver of existing licensing, importing and exporting obligations under the Customs Act, for trial periods of up to 12 to 18 months.
The Bill seeks to encourage innovation through testing new customs practices and technologies, as well as regulatory approaches and business models, with appropriate safeguards.
Results from trials will build the evidence base to inform longer-term regulatory reform and simplification of Australia's trade system, while maintaining and achieving Australia's border security objectives.
The Bill will enable Australia's whole-of-Government Simplified Trade System agenda, which seeks to simplify and digitise the trade system to deliver tangible benefits for Australian businesses, enable trade growth and better protect the community.
More streamlined and innovative Customs practices and technologies will lead to reduced costs and delays for businesses operating at the border, having flow on effects and benefits to consumers.
The Bill will also make a number of technical amendments to the Customs Act, including to provisions relating to Notices of Intention to Propose Customs Tariff Alterations to clarify the legislative arrangements for these instruments.
PAID PARENTAL LEAVE AMENDMENT (IMPROVEMENTS FOR FAMILIES AND GENDER EQUALITY) BILL 2022
Improving paid parental leave is critical reform. It is critical for families, it is critical for women and it is critical for the economy.
The Albanese Government know this.
We know that paid parental leave is vital for the health and wellbeing of parents and their children.
We know that investing in paid parental leave benefits our economy.
And we know that done right, paid parental leave can advance gender equality. We heard these messages loud and clear at our successful Jobs and Skills Summit in September, where gender equality and economic reform went hand in hand.
Businesses, unions, experts and economists all understand that one of the best ways to boost productivity and participation is to provide more choice and more support for families—and more opportunity for women.
That is why Paid Parental Leave reform was a centrepiece of our first Budget, and is supported by the whole Cabinet for the clear benefits it will bring.
The Prime Minister himself said at the time, "a parental leave system that empowers the full and equal participation of women will be good for business, good for families and good for our economy."
We are on the right track. This Bill, the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022, implements the first tranche of the Government's Paid Parental Leave changes announced in the Budget.
It introduces a range of important structural changes to modernise the Paid Parental Leave scheme to ensure it better meets the needs of Australian families. Crucially, the Bill gives more families access to the Government payment, provides parents more flexibility in how they take leave, and encourages them to share care to support gender equality.
These changes, to commence from 1 July 2023, are the first stage of the Government's reforms and lay the foundation for expansion. Then, from July 2024, we will progressively increase the scheme by six weeks until it reaches 26 weeks in 2026—a full six months. This is the largest expansion since Labor established the scheme in 2011.
I am pleased that our changes have been widely welcomed by family and gender advocates, and employer and unions groups, including the ACTU, the Business Council of Australia, the Parenthood, Minderoo's Thrive by Five Foundation, Chief Executive Women and the Equality Rights Alliance.
This is a significant reform, driven by our commitment to get the settings right to maximise women's economic equality. That is why we are introducing the reform in two stages—to take immediate first steps to improve the scheme through this Bill, and to give us time to work through the options for expansion, drawing on expert advice. This includes advice from the independent Women's Economic Equality Taskforce, which the Government has asked to examine the optimal model for the additional six weeks to maximise women's economic equality.
This Bill, and the expansion to 26 weeks by 2026, reflects the Government's commitment to deliver better outcomes for families and advance economic equality for women. The roughly 180,000 families who receive the payment each year will benefit from a fairer, more flexible and more generous scheme. Not only will our changes help families better balance work and care, but they will also support participation and productivity over the longer term, providing a dividend for the Australian economy.
Australians need a Paid Parental Leave scheme that reflects the needs of modern families.
The current scheme does not do enough to provide access for fathers and partners. Currently, dads take Government-paid leave at roughly half the rate of mums. The scheme as it stands today is built on gendered assumptions of 'primary' and 'secondary' carers, which limit parents' ability to share care. Our Bill fixes this.
The current scheme does not treat families equally. The eligibility rules are unfair to families where the mother is the higher income earner. You could have two families with a household income of $200,000—one family is eligible because the father is the primary income earner; the other is ineligible because the mother is the primary income earner. Our Bill fixes this.
Under the current scheme, a father or partner who is a citizen or permanent resident can be ineligible purely because the birth mother doesn't meet the income test or residency requirements. Our Bill fixes this.
From 1 July 2023, the Bill delivers six key changes:
1. combining the two existing payments into a single 20 week scheme,
2. reserving a portion of the scheme for each parent to support them both to take time off work after birth or adoption,
3. making it easier for both parents to access the payment by removing the notion of 'primary' and 'secondary' carers,
4. expanding access by introducing a $350,000 family income test, under which people can qualify if they do not meet the $156,647 individual income test,
5. increasing flexibility for parents to choose how they take paid parental leave days and transition back to work, and
6. allowing eligible fathers and partners to access the payment irrespective of whether the mother or birth parent meets the income test or residency requirements.
It is critical this Bill passes both Houses by March next year, so parents expecting to give birth or adopt on or after 1 July 2023 have the option of pre- claiming three months in advance, so they can receive their Government entitlement as soon as they are eligible.
Currently, there are two payments under the Government scheme. Parental Leave Pay, which provides up to 18 weeks of payment, is primarily targeted to mothers, while Dad and Partner Pay provides up to two weeks of payment to fathers and partners.
Under this Bill, Parental Leave Pay and Dad and Partner Pay will be combined to form a single 20 week payment that can be shared between both parents.
This will give parents more choice and flexibility in how they use and share care, better reflecting how Australian families want to parent.
One of the features of the current scheme is a period of leave for exclusive use by fathers and partners, in the form of Dad and Partner Pay. Our changes preserve this important feature by reserving two weeks of the payment for each parent. By incorporating this reserved portion under a single scheme, rather than as a stand-alone payment, we are making sharing of parental leave between parents a central part of the scheme. This Bill supports both parents to take leave beyond the two-week reserved period. Importantly, single parents will be eligible for the full 20 weeks.
Another significant benefit of the move to a single 20-week scheme is it allows fathers and partners to receive the Government payment at the same time as employer-paid leave. While this is currently available to mothers, legislation requires fathers and partners to be on unpaid leave in order to receive Dad and Partner Pay.
Fixing this inequity removes a financial disincentive for fathers and partners to access the scheme and take time off work to care for a child.
Allowing both parents to claim the Government payment alongside employer- paid leave makes it easier for them to maintain their income while caring for their child, and should result in more dads taking leave.
The Government has been very clear on the role employers should play—the Government's 20-week scheme is the baseline—a national minimum standard. We are encouraged that there are already enlightened employers across Australia competing to offer working parents the best possible deal.
We know what happens when both parents are not supported to take time off paid work to care for their babies—usually mum works much less, or leaves the workforce altogether to take on caring responsibilities, while dad remains in full-time work. This pattern persists for years after the child's birth and is a key driver of gender gaps in workforce participation and earnings.
The Government supports dads and non-birth parents to share the load of caring responsibilities. We know that when they do, it benefits everyone. When fathers take a greater caring role from the start, this establishes patterns of shared care that continue throughout the child's life. In addition to benefits for women and their economic equality, there are also physical, mental and social benefits for men and their children.
The changes in this Bill send a clear message that the Government values men as carers too, and we want to see that reinforced in workplaces and our communities.
This Bill improves gender equality and inclusion under the scheme by removing the notion of 'primary' and 'secondary' carers and allowing all eligible parents to claim the payment. Currently, mothers must make a successful claim for Parental Leave Pay, and then transfer the payment to their partner if they wish to share some or all of it.
This process is complex, administratively burdensome and makes it difficult for fathers and partners to take leave, even when it is in the best interests of the family. In 2021-22, less than one per cent of mothers transferred some of the payment to the father or a partner.
The new, simpler claiming process will also allow eligible fathers and partners to qualify if the mother or birth parent does not meet the income test or the residency requirements. Over 2,000 additional fathers and partners
will have access to the scheme each year because of this change.
The shift to a gender-neutral claiming process is also important because it is more inclusive and recognises that Australian families are diverse.
To guard against any negative consequences for mothers resulting from the new process, the birth parent will have to approve the amount of leave claimed by the other parent.
The Bill will also introduce a family income limit of $350,000, which will operate alongside the existing individual income limit (currently $156,647 per annum). Parents, including single parents, will be eligible for the payment if they meet either the individual income or the family income test.
With the introduction of a family income limit, families will no longer be denied access solely because of the income of the mother. This change is expected to particularly benefit families where the mother is the primary income earner, with nearly 3,000 additional parents becoming eligible each year as a result.
This change is long overdue—between the 2010 and 2017 financial years, the number of women with a taxable income of more than $150,000 has more than doubled. The introduction of a more generous family income test will help ensure the scheme keeps up with the times.
The Government is improving flexibility for families to balance work and family life in a way that best suit their needs. Currently, Parental Leave Pay is split into a 12-week period that must be taken in a continuous block, within 12 months of the birth, followed by six weeks that can be taken flexibly, within two years from the date of birth or adoption.
Currently, if a parent returns to work before the end of their continuous 12-week Paid Parental Leave period, they forfeit any remaining days of the 12-week period. This limits choice for parents, and particularly mothers, in how they transition back to work.
Under these amendments, parents can take all of the payment in multiple blocks, as small as a day at a time, within two years of the birth or adoption of the child. This flexibility will support mothers to return to work whenever they wish, without the risk of losing their entitlements. This will particularly benefit parents who work part-time or are self-employed to continue working after a birth or adoption.
Of course, some birth parents may still wish to take most or all of the payment in a continuous block, and the legislation supports parents to do this if they choose.
We know this is an important option to support physical and mental health and breastfeeding, particularly for mothers who do not have access to any employer- paid leave. Supporting maternal and child health and development remains an important objective of the Paid Parental Leave scheme.
In addition, both parents will have the option of taking Government-paid leave on the same day for up to 10 days of the payment. This will help parents share caring responsibilities from the start, and help dads and partners care for mothers to support their health and wellbeing.
In summary, it is critical that our Paid Parental Leave scheme supports modem Australian families—a scheme that is flexible, fair and drives positive health, social and economic outcomes for both parents and their children. This Bill does just that. Crucially, it gives more families access to the Government payment, provides parents more flexibility in how they take leave, and encourages them to share care to support gender equality.
This Bill is good for parents, good for kids, good for employers and good for the economy.
I commend the Bill.
WORK HEALTH AND SAFETY AMENDMENT BILL 2022
Last year one hundred and sixty-nine workers were fatally injured at work in Australia.
Each of these deaths is a tragedy. Each of these deaths represents a family member who will never come home, a friend or co-worker lost forever. Each of these deaths is preventable.
One death is too many.
The Albanese Labor Government is serious about improving work health and safety in Australia.
The Work Health and Safety Amendment Bill 2022 implements recommendations from the review of the model work health and safety laws, conducted by Ms Marie Boland in 2018.
I would like to thank Ms Boland for her considered examination of the model work health and safety laws and her important recommendations.
I would also like to acknowledge those families who have lost a loved one at work for giving their time to speak or write to Ms Boland. You continue to fight tirelessly to improve the system that let you down to ensure that others do not have to face the same heartbreak as you have.
The Boland report contained 34 recommendations.
So far, not one of the recommendations requiring legislative change has been implemented in the Commonwealth jurisdiction—but this Bill will change that.
The Bill doesn't address the most critical recommendations, but its swift implementation signals how serious this Government is about taking action on work health and safety.
We can do better, we will do better. This Bill is the first step.
Most significantly, the Bill expands the most serious offence under the Commonwealth's current work health and safety laws to include negligence as a fault element. The bar for conviction is currently set too high. This change means that both reckless and grossly negligent employers who expose workers to serious risks will face the most serious consequences and penalties.
The Bill will prevent a person required to pay a penalty under the law from recovering that penalty under a contract of insurance. The penalties in the Act are there as a deterrent. Allowing companies to take out insurance against these penalties makes workplace injuries just another cost of doing business. Prohibiting such insurance forces businesses to take their work health and safety duties seriously. No longer will a statutory penalty just be another line on a balance sheet that an employer can recover from their insurer, while a family has lost a loved one in a workplace fatality.
The Bill clarifies that a health and safety representative is able to choose their own course of training and removes the requirement for the health and safety representative to make this decision 'in consultation with the person conducting a business or undertaking'.
We are also introducing amendments to align service notice provisions to ensure clarity and consistency across the Work Health and Safety Act.
The Bill also amends the Safe Work Australia Act 2008 to clarify that information may be shared with Safe Work Australia when the information is relevant to their statutory data and evidence functions. Safe Work Australia publishes data that is central to work health and safety and workers compensation policy development. Without a decent body of substantive data, governments are limited in their ability to develop good policy that solves real issues. In particular, Safe Work Australia maintains and publishes the Traumatic Injury Fatalities database and the National Data Set for Compensation-Based Statistics, without which we would have no clear view of the extent of work health and safety issues in Australia. This sensible amendment will ensure that Safe Work Australia can continue receiving information necessary to its research and data publication efforts.
Safe Work Australia undertook extensive tripartite consultation seeking feedback on implementing key recommendations of the Boland Review in the model Work Health and Safety laws. This involved consultation across all jurisdictions and with union and employer representatives. In June 2022, the model Work Health and Safety Bill was amended in line with this process.
This Bill would harmonise the WHS Act with the recent changes to the model Work Health and Safety laws.
This Bill is only the beginning, there is still much left to do to make Australians safer at work.
The federal Australian Labor Party has consistently supported the introduction of an industrial manslaughter offence. This Government will take action to put it back on the agenda.
In 2022 we find ourselves in a situation where workers are contracting silicosis. This is an incurable disease, and it is unacceptable that Australian workers face this hazard. Urgent action is needed to protect workers from future harm and to support those who have already been failed. This Government hears the calls for urgent reform. We are committed to getting national traction on this issue.
We also recognise the link between the workplace relations and the work health and safety frameworks.
Consultative, cooperative workplaces are safe workplaces.
Secure jobs, where workers can raise safety concerns without being scared that they will lose their job, are safe jobs.
Workplaces that have a culture of fairness, respect diversity, and promote equality are also healthy workplaces.
In the Secure Jobs Better Pay Bill, the Government has introduced reforms that will see more workers in good jobs: jobs with security, fair pay and proper protections.
We are also implementing the recommendations of the Respect@Work report to eliminate sexual harassment in the workplace.
These significant reforms will have a positive impact on the safety of Australian workers and their workplaces.
This Bill does not solve all these big issues. This is just the beginning of this government's journey to implement the recommendations of the Boland report. With this Bill, the Albanese Labor government is getting on with the job of delivering safe workplaces for all Australian workers. Every Australian worker should be able to go to work and come home to their loved ones safely at the end of each day.
That senators be discharged from and appointed to committees as follows:
Economics Legislation Committee —
Appointed—
Substitute member: Senator Faruqi to replace Senator McKim for the committee's inquiry into the provisions of the Housing Australia Future Fund Bill 2023 and related bills
Participating member: Senator McKim
Legal and Constitutional Affairs Legislation Committee —
Appointed—
Substitute member: Senator McKim to replace Senator Shoebridge for the committee's inquiry into the Migration Amendment (Evacuation to Safety) Bill 2023
Participating member: Senator Shoebridge
National Anti-Corruption Commission — Joint Statutory Committee —
Appointed—Senators Bilyk, Brockman, Payne, Shoebridge, Sterle and White.
That the Senate—
(a) notes that inadequate funding and lack of workforce planning has closed or restricted many maternity and reproductive health services around the country, particularly in remote and regional areas; and
(b) calls on the Health Minister and National Cabinet to urgently work to resolve the maternity and reproductive healthcare crisis and ensure all families can access quality care across Australia.
Every day in Queensland, rural and remote women leave family and business, travel long distances on rough roads often without the security of mobile phone coverage, and endure financial, social, and emotional hardship just to access the maternity care that urban people have on their doorstep.
I'm currently 23 weeks pregnant with my fourth child. All three of my kids were born in Gladstone, my last being only nine months old, born in April 2022.
The situation we currently face of not having a place to birth here in town worries me every day. I have 3 kids to think about as well as my health and my baby's health when it comes time to give birth.
I have quick labours of around 1-2 hours so a trip to Rockhampton isn't an option for me. Neither is staying there weeks before my due date, as I have no help to get my kids to school and watched while I may need to be gone. The cost of having to stay in some hotel and the stress of not being in your own home at 38 weeks pregnant is daunting. Birth is already such an uncertain and unplanned thing, so having this major uncertainty about where I can birth is keeping me up at night.
The bypass hasn't just been hard on expecting mothers, it has also been hard on partners as well, watching and listening to the extra stress and worry on our partners who are about to take on one of the hardest challenges the human body will go through. They shouldn't have to worry about whether they are going to make the 1hr-1.5hr drive to another town to give birth.
Gladstone is an industrious town where a lot of the population work long hours, some working more than twelve hours a day in hot and physical jobs. These people are then asked to drive their labouring partner over an hour on a road that is always littered with potholes and rough bitumen. This is unsafe and dangerous. Even with an ambulance transfer the partners still have to drive themselves or risk not being able to support their partner and missing this precious moment. Things need to change, things need to happen and it needs to be sooner rather than later.
The board expects that further increases in interest rates will be needed over the months ahead to ensure that inflation returns to target …
The deliberate and covert nature of the recording is breathtaking. It is immoral, unethical and illegal.
We just want our voices heard because we are a big part of that NRL brand, we just want a seat at the table.
It's just about having a voice at the table and actually having a say …
We sacrifice our bodies to entertain the public …
… … …
It's a short career and most players have to go work after it and they're going to have to work with injuries that were caused by playing footy.
I'm really passionate about improving the conditions for players and not necessarily just the men but the women. And at the moment, they can't sign contracts, they're not training.
They're really in limbo to be honest …
It's hard for them to take action, so as part of our unity the men need to stand up—