2010-09-28 43 1 1 REPS 0 0 2010-09-28 1 Miscellaneous The House met at 10.30 am, pursuant to the proclamation of Her Excellency the Governor-General. The Clerk read the Proclamation. 1 Miscellaneous The Usher of the Black Rod, having been announced, was admitted and delivered the message that the Deputy of the Governor-General for the opening of the parliament desired the attendance of honourable members in the Senate chamber. Honourable members attended accordingly and having returned— 1 Miscellaneous The Deputy authorised by the Governor-General to administer the oath or affirmation entered the chamber. The Clerk read the authority authorising the Hon. Robert Shenton French AC, Chief Justice of the High Court of Australia, to administer the oath or affirmation of allegiance to the Queen required by the Constitution to be taken or made by members of the House of Representatives. 1 Miscellaneous The Clerk laid on the table duly endorsed returns to the writs for the election of members of the House of Representatives held on 21 August 2010. 2 Miscellaneous The following honourable members made and subscribed the oath or affirmation of allegiance: Abbott, Anthony John, Warringah, New South Wales Adams, Dick Godfrey Harry, Lyons, Tasmania Albanese, Anthony Norman, Grayndler, New South Wales Alexander, John Gilbert, Bennelong, New South Wales Andrews, Karen Lesley, McPherson, Queensland Andrews, Kevin James, Menzies, Victoria Baldwin, Robert Charles, Paterson, New South Wales Bandt, Adam Paul, Melbourne, Victoria Billson, Bruce Fredrick, Dunkley, Victoria Bird, Sharon Leah, Cunningham, New South Wales Bishop, Bronwyn Kathleen, Mackellar, New South Wales Bishop, Julie Isabel, Curtin, Western Australia Bowen, Christopher, McMahon, New South Wales Bradbury, David John, Lindsay, New South Wales Briggs, Jamie Edward, Mayo, South Australia Broadbent, Russell Evan, McMillan, Victoria Brodtmann, Gai Marie, Canberra, Australian Capital Territory Buchholz, Scott Andrew, Wright, Queensland Burke, Anna Elizabeth, Chisholm, Victoria Burke, Anthony Stephen, Watson, New South Wales Butler, Mark Christopher, Port Adelaide, South Australia Byrne, Anthony Michael, Holt, Victoria Champion, Nicholas David, Wakefield, South Australia Cheeseman, Darren Leicester, Corangamite, Victoria Chester, Darren Jeffrey, Gippsland, Victoria Christensen, George Robert, Dawson, Queensland Ciobo, Steven Michele, Moncrieff, Queensland Clare, Jason Dean, Blaxland, New South Wales Cobb, John Kenneth, Calare, New South Wales Collins, Julie Maree, Franklin, Tasmania Combet, Gregory Ivan, Charlton, New South Wales Coulton, Mark Maclean, Parkes, New South Wales Crean, Simon Findlay, Hotham, Victoria Crook, Anthony John, O’Connor, Western Australia D’Ath, Yvette Maree, Petrie, Queensland Danby, Michael David, Melbourne Ports, Victoria Dreyfus, Mark Alfred, Isaacs, Victoria Dutton, Peter Craig, Dickson, Queensland Elliot, Maria Justine, Richmond, New South Wales Ellis, Katherine Margaret, Adelaide, South Australia Emerson, Craig Anthony, Rankin, Queensland Entsch, Warren George, Leichhardt, Queensland Ferguson, Laurie Donald Thomas, Werriwa, New South Wales Ferguson, Martin John, Batman, Victoria Fitzgibbon, Joel Andrew, Hunter, New South Wales Fletcher, Paul, Bradfield, New South Wales Forrest, John Alexander, Mallee, Victoria Frydenberg, Joshua Anthony, Kooyong, Victoria Gambaro, Teresa, Brisbane, Queensland Garrett, Peter Robert, Kingsford-Smith, New South Wales Gash, Joanna, Gilmore, New South Wales Georganas, Steven, Hindmarsh, South Australia Gibbons, Stephen William, Bendigo, Victoria Gillard, Julia Eileen, Lalor, Victoria Gray, Gary, Brand, Western Australia Grierson, Sharon Joy, Newcastle, New South Wales Griffin, Alan Peter, Bruce, Victoria Griggs, Natasha Louise, Solomon, Northern Territory Haase, Barry Wayne, Durack, Western Australia Hall, Jill Griffiths, Shortland, New South Wales Hartsuyker, Luke, Cowper, New South Wales Hawke, Alexander George, Mitchell, New South Wales Hayes, Christopher Patrick, Fowler, New South Wales Hockey, Joseph B, North Sydney, New South Wales Hunt, Gregory Andrew, Flinders, Victoria Husic, Edham Nurredin, Chifley, New South Wales Irons, Stephen James, Swan, Western Australia Jenkins, Henry Alfred, Scullin, Victoria Jensen, Dennis Geoffrey, Tangney, Western Australia Jones, Ewen Thomas, Herbert, Queensland Jones, Stephen Patrick, Throsby, New South Wales Katter, Robert Carl, Kennedy, Queensland Keenan, Michael Fayat, Stirling, Western Australia Kelly, Craig, Hughes, New South Wales Kelly, Michael Joseph, Eden-Monaro, New South Wales King, Catherine, Ballarat, Victoria Laming, Andrew Charles, Bowman, Queensland Leigh, Andrew Keith, Fraser, Australian Capital Territory Ley, Sussan Penelope, Farrer, New South Wales Livermore, Kirsten Fiona, Capricornia, Queensland Lyons, Geoffrey Raymond, Bass, Tasmania Macfarlane, Ian Elgin, Groom, Queensland Macklin, Jennifer Louise, Jagajaga, Victoria Marino, Nola Bethwyn, Forrest, Western Australia Markus, Louise Elizabeth, Macquarie, New South Wales Marles, Richard Donald, Corio, Victoria Matheson, Russell Glenn, Macarthur, New South Wales McClelland, Robert Bruce, Barton, New South Wales McCormack, Michael Francis, Riverina, New South Wales Melham, Daryl, Banks, New South Wales Mirabella, Sophie, Indi, Victoria Mitchell, Robert George, McEwen, Victoria Morrison, Scott John, Cook, New South Wales Moylan, Judith Eleanor, Pearce, Western Australia Murphy, John Paul, Reid, New South Wales Neumann, Shayne Kenneth, Blair, Queensland Neville, Paul Christopher, Hinkler, Queensland O’Connor, Brendan Patrick, Gorton, Victoria O’Dowd, Kenneth Desmond, Flynn, Queensland O’Dwyer, Kelly Megan, Higgins, Victoria O’Neill, Deborah Mary, Robertson, New South Wales Oakeshott, Robert James, Lyne, New South Wales Owens, Julie Ann, Parramatta, New South Wales Parke, Melissa, Fremantle, Western Australia Perrett, Graham Douglas, Moreton, Queensland Plibersek, Tanya Joan, Sydney, New South Wales Prentice, Jane, Ryan, Queensland Pyne, Christopher Maurice, Sturt, South Australia Ramsey, Rowan Eric, Grey, South Australia Randall, Donald James, Canning, Western Australia Ripoll, Bernard Fernand, Oxley, Queensland Rishworth, Amanda Louise, Kingston, South Australia Robb, Andrew John, Goldstein, Victoria Robert, Stuart Rowland, Fadden, Queensland Rowland, Michelle Anne, Greenway, New South Wales Roxon, Nicola Louise, Gellibrand, Victoria Roy, Wyatt Beau, Longman, Queensland Rudd, Kevin Michael, Griffith, Queensland Ruddock, Philip Maxwell, Berowra, New South Wales Saffin, Janelle Anne, Page, New South Wales Schultz, Albert John, Hume, New South Wales Scott, Bruce Craig, Maranoa, Queensland Secker, Patrick Damien, Barker, South Australia Shorten, William Richard, Maribyrnong, Victoria Sidebottom, Peter Sid, Braddon, Tasmania Simpkins, Luke Xavier Linton, Cowan, Western Australia Slipper, Peter Neil, Fisher, Queensland Smith, Anthony David Hawthorn, Casey, Victoria Smith, Stephen Francis, Perth, Western Australia Smyth, Laura Mary, La Trobe, Victoria Snowdon, Warren Edward, Lingiari, Northern Territory Somlyay, Alexander Michael, Fairfax, Queensland Southcott, Andrew John, Boothby, South Australia Stone, Sharman Nancy, Murray, Victoria Swan, Wayne Maxwell, Lilley, Queensland Symon, Michael Stuart, Deakin, Victoria Tehan, Daniel Thomas, Wannon, Victoria Thomson, Kelvin John, Wills, Victoria Thomson, Craig Robert, Dobell, New South Wales Truss, Warren Errol, Wide Bay, Queensland Tudge, Alan Edward, Aston, Victoria Turnbull, Malcolm Bligh, Wentworth, New South Wales Vamvakinou, Maria, Calwell, Victoria van Manen, Albertus Johannes, Forde, Queensland Vasta, Ross Xavier, Bonner, Queensland Washer, Malcolm James, Moore, Western Australia Wilkie, Andrew Damien, Denison, Tasmania Windsor, Antony Harold Curties, New England, New South Wales Wyatt, Kenneth George, Hasluck, Western Australia Zappia, Antonio, Makin, South Australia The Deputy withdrew from the chamber. 5 Miscellaneous 5 10000 The CLERK The Clerk —Honourable members, the next business is the election of a Speaker. 5 11:24:00 Georganas, Steve, MP DZY Hindmarsh ALP 1 0 Mr GEORGANAS —Clerk of the House and members, I move: That the honourable member for Scullin do take the chair of this House as Speaker. It is a true honour and a great delight to nominate a most distinguished and respected member of our parliament, the Hon. Harry Jenkins, the member for Scullin, as Speaker of the House of Representatives in the 43rd Parliament of Australia. Harry has now been elected 10 times as the member for Scullin, beginning with the 1986 by-election, when he took over the role from his father, Dr Harry Jenkins Sr, who was himself the member for Scullin from 1969 to 1986 and Speaker of this House from 1983 to 1986. Harry was born in Melbourne. Before entering parliament he studied science at the Australian National University, graduating with a bachelor’s degree. He also worked as a public servant for the Department of Veterans’ Affairs. Harry’s involvement in his local community began well before he entered parliament. He was a councillor with the Whittlesea Shire Council from 1979 to 1986 and then president of the shire from 1984 to 1985. As the member for Scullin for the past 24 years, Harry has committed himself to representing his electorate and the people of Scullin. The overwhelming support he receives at each election really reflects that commitment and the hard work that he performs within his electorate for his constituents. In parliament Harry’s greatest contribution has undoubtedly been that toward the speakership, beginning with his election as Deputy Speaker in 1993, through to 1996, and as Second Deputy Speaker from 1996 to 2008. We all know Harry’s saintly patience, his exhaustive knowledge of the standing orders and his even-handedness in the chair have earned him his reputation and the respect of colleagues on both sides of the House. The dignity and integrity with which he performs his role make him a role model for all members. Most importantly, in the execution of his duties Harry’s razor sharp wit and well-developed sense of humour have the ability to bring the House together even when tempers fray and the solemn business of government threatens to overwhelm. In my view—and I am sure it is the view of many in this House—there is no-one in this parliament who is more qualified or deserving of the speakership role than Harry or who will bring to the House the experience and stability that the so-called new paradigm will demand. If there is another grand final draw on Saturday, Harry might be asked to decide that one as well! In making this nomination for the position, I wish the member for Scullin every success. I know that he will serve the parliament and, through it, our nation extremely well. 10000 The CLERK The Clerk —Is the motion seconded? 5 11:27:00 Bird, Sharon, MP DZP Cunningham ALP 1 0 Ms BIRD —I second the motion and wish to add my comments to those of my colleague from the class of 2004, the member for Hindmarsh. I take great pleasure in nominating Harry Jenkins as Speaker. I have personally known Harry for 15 years, since I first came here as a staffer. I have found Harry to be one of those people who encourage and support new people in this place in all the different roles that they fulfil. He has remained a friend to me over those 15 years, so it is a real pleasure to second the motion today. I also want to indicate that when I was first elected to this place in 2004, sitting over on that side of the House, Harry sat in front of me. I assure the House that he took great pleasure in making sure that I understood the policies and procedures of question time and that I abided by the rules most of the time. He will no doubt deny that he encouraged me to be a little bit unruly on occasion. He assured me that that was only so that I could learn what I should not be doing in the chamber during question time. I took those lessons to heart. I also had the great pleasure of being a member of the Speaker’s panel in the previous parliament, with Harry as Speaker. To me, he indicated through that role his great commitment to all of us in this place and to ensuring that we fulfil our roles as effectively as possible. I believe that Harry has the respect and regard of this chamber and, just as importantly, of the community more broadly. For these reasons, I believe Harry will help us in this place to meet and raise the standards that our communities expect of us in our endeavours on their behalf. It is a great pleasure to second the motion. 10000 The CLERK The Clerk —Does Mr Jenkins accept the nomination? HH4 Jenkins, Harry, MP Mr Jenkins —Mr Clerk, there are a number of options. I could say: why not, or I suppose so, but may the record show, definitely yes. 10000 The CLERK The Clerk —Is there any further proposal? There being no further proposal, the time for proposals has expired. I declare that the honourable member proposed, Mr Jenkins, has been elected Speaker. Honourable members—Hear, hear! 10000 SPEAKER, The The SPEAKER —I wish to express my grateful thanks for the high honour the House has been pleased to confer upon me. The Speaker having seated himself in the chair— 6 11:30:00 Gillard, Julia, MP 83L Lalor ALP Prime Minister 1 0 Ms GILLARD —Mr Speaker, on behalf of the government I offer my sincere congratulations on your election as Speaker of the House. It seems to have been a long time coming. I welcome your appointment not only as a valued colleague and old friend but as a person learned in the ways of this parliament and eminently suited by temperament and ability to be the Presiding Officer of this House. Given the unusually high level of attention recently to parliamentary reform, I honour your commitment to this cause and your longstanding dedication to improving the workings of the parliament. I can think of no-one more worthy of holding this office at such a crucial time for our democracy. The Leader of the Opposition has stated that you are the ‘ideal candidate to start a Westminster style speakership in this country’, and in that assessment I fully concur. Mr Speaker, not since the election of your predecessor Walter Maxwell Nairn in the hung parliament of 1940 has your office played such a key role in our democracy. Three generations later we have a remarkable opportunity to rebuild the standing of this parliament in the eyes of the Australian people. Of course the role of Speaker is an ancient office that dates back continuously in the House of Commons to 1376, but in recent decades the existence of strong party rooms and large parliamentary majorities has inevitably affected the role of the Speaker. I sense a possible change ahead of us—for us and for you, Mr Speaker, in this parliament. The outcome of this year’s election has renewed the importance of your office in making our parliament succeed. As your role is, of course, to be independent, Mr Speaker, I know that you will honour that in word and in deed. The quality of independence we associate with the office of the Speaker was strongly reaffirmed by the Agreement for a Better Parliament, signed on 6 September. That document confirms that the speakership is to be independent of government and that the Speaker will not attend the party room as other party members do. The government welcomes these obligations and we will do our best to uphold them. Mr Speaker, the result of the 21 August election is a salutary reminder that parliament is not a creature of the executive and that every piece of legislation will require, and should be given, careful and thoughtful deliberation. It is also a reminder that our colleagues on the crossbench have their own rights as legislators which must be protected and upheld. For the government’s part we accept these realities and welcome the opportunity for reform that they present. We want this parliament to be productive both in its rules and procedures but also in its outcomes for the nation, and we pledge to uphold the spirit of consensus and goodwill at every possible turn. It is true that our early hopes for a new beginning have not been fully realised. Both the government and the opposition had abundant opportunity to shape the agreement for a better parliament before freely accepting to be bound by its terms. This agreement is a charter of honour requiring the integrity of those who volunteered their endorsement. That some of the reforms outlined in the agreement have not been adhered to is a cause for regret, but I do not regard the agreement or the spirit that engendered it as a lost cause. Instead, I renew an invitation to the opposition to embrace the possibility of reform that characterises this new parliament and I say to my colleagues opposite: do not squander this moment whatever the temptation. As we have seen in other political cultures, short-term tactical victories lead only to longer term strategic defeat as our system declines in public esteem. That is the wrong path for Australia and a mistaken reading of the election result. This term of parliament is not an opportunity to re-fight the election, vote after vote, bill after bill. This is a time for consensus not confrontation, debate not destruction. Of course we all know that does not mean that we have to agree on every issue, because a democracy is by definition a contest of values and ideals. But where we do diverge, our disagreements should be discussed with reason and civility, taking the national interest as our guide. The Australian people have sent us here expecting something better. They want a constructive parliament freed from the rancour and name-calling that has dragged it into such poor regard. As Speaker, we will seek your fair and impartial guidance in the unfamiliar landscape that lies ahead, and in turn you will seek from us our best endeavours to make this parliament work as our founders hoped. As the 43rd parliament begins, I would like to think that members will show not only the respect due to your office but also the personal regard that you have earned over your 24 years in this place where you have become renowned for your sense of good humour, which we have already seen on display today, your decency and your abundant common sense. With those qualities in mind I know the parliament has made a wise choice of Speaker and I thank you for accepting the office in these remarkable and demanding times. On behalf of the government, I extend to you my very warmest wishes on your election as Speaker. Thank you very much. Honourable members—Hear, hear! 8 11:37:00 Abbott, Tony, MP EZ5 Warringah LP Leader of the Opposition 0 0 Mr ABBOTT —Mr Speaker, on behalf of the coalition, I join with the Prime Minister in extending to you our congratulations and best wishes on your re-election to this high office. I have to say, Mr Speaker, that of all the members of this parliament you are obviously the best suited for the office which you now hold. Mr Speaker, I never wavered in my faith that you were the best person for the job that you hold. There were weeks when others doubted. There were weeks when you must have doubted yourself what was going to emerge from this parliament. But I was with you every step of the way. I was there, I was your true friend and I was the true friend of a genuinely independent speakership in this parliament. I was the true friend and, I would like to think, the author of the beginnings of a Westminster style speakership in this parliament. Mr Speaker, yes, this is a finely balanced parliament, but the fact that it is a finely balanced parliament does not excuse the government from its duty to keep its election commitments. It does not excuse the government from its duty to be an effective government. It can lower expectations all it likes here, but out there in the country the people of Australia expect a government that keeps its election commitments. It cannot walk away from its election commitments simply because of the closeness of the numbers in this parliament. So, Mr Speaker, this is an opposition which will hold this government to account. This is an opposition which will expect of this government that it honours its commitments. What that means is that this will be a parliament of robust debate. That is what the people expect. They do not expect a false consensus. They do not expect the pretence of agreement when there is none. They expect the values and the principles and the commitments that were brought to this parliament by different members to be vigorously expressed in this place. Mr Speaker, it is precisely because of the qualities that you have previously shown in the chair that you are the right man to hold this job at this time. It was obvious to all members on this side of the parliament that you were very unhappy with the way the parliament was conducted in the last term. Your impatience with longwinded ministerial answers was palpable. Your unhappiness with irrelevant answers was obvious to all. Well, Mr Speaker, you sought different standing orders; you will soon have different standing orders. Under the new standing orders you will have the opportunity to ensure not only that ministerial answers are brief but that they are directly relevant to the question—that answers are not the answers that ministers wish to give but that they are, at last, directly relevant to the question that has actually been asked. Mr Speaker, you are the custodian of the traditions of this parliament. You are the custodian of the rights of members. You are no longer a creature of party. You are no longer the creature of the executive. You are now free to be in this parliament everything that a Westminster style Speaker should be. This is your time, Mr Speaker, and I know you will use it in the best interests of this parliament and this nation. Honourable members—Hear, hear! 8 11:41:00 Truss, Warren, MP GT4 Wide Bay NATS Leader of the Nationals 0 0 Mr TRUSS —Mr Speaker, may I join in congratulating you on your re-election to this high office. The fact that you were the unanimous choice of the parliament demonstrates the trust and the confidence that your fellow members have in your capacity to do this job. You had to wait rather a long time to get the nod from your own colleagues, and the unseemly searching around for somebody else to do this job is a reflection on the government, not on you. The reality is that you are the best person to fill this office. The parliament has made the right choice. You are capable and you are experienced. For a long time, you were Speaker in waiting. After three years in the job, you have a first-class understanding of the standing orders, you value the traditions of the parliament and you give to this House the dignity that it should have as the pinnacle of our constitutional democracy. Your good humour and able adjudication has also been appreciated by all members of the House. I know that many more on this side of the House have tasted the wrath of your discipline than on the other side, but I have to acknowledge that from time to time we may have aggrieved you and that your wrath was justified. What is going to be most important for the future, however, is that the determination and the patience that you have shown is able to transform the parliament into a debating chamber more in the style that you have desired to happen and have expressed a wish to happen in the past. You have often said that your capacity to do your job was limited by deficiencies in the standing orders. I understand we are to get changes to the standing orders, but those changes of themselves will not be enough to change the culture of the parliament. Some of those changes have already been made in the Senate and I am told that it has not made all that much difference. So your role will be critical not only in ushering in these new standing orders but in making sure that they do indeed deliver a change in the culture of the parliament—especially at question time, which is I guess the period of this parliament which is most in the public eye, because it is really the only period that receives any kind of mass television coverage. I think the public judges very much the performance of the parliament on the basis of what they see in question time. So your challenge now, under the standing orders that you asked for, is to make sure that they do deliver a better parliament. Your role is critical to the performance of the parliament. I am delighted that you have been chosen to be Speaker. I have no doubt that you will deliver to this office the same dignity and respect that you did in the last parliament and that, as a result, we can get about the business of building a better country with a parliament that works effectively and well. Congratulations, Harry Jenkins, on your election. I know that you will serve this office well. 9 11:44:00 Albanese, Anthony, MP R36 Grayndler ALP Leader of the House 1 0 Mr ALBANESE —Mr Speaker, I welcome your re-election as the Speaker of the House of Representatives. It is indeed a great honour for you to be reappointed unanimously to this role, as it is a great honour for each and every member to sit in this House of Representatives. I join with you in congratulating all those new members, wherever they sit in the chamber, who have been elected for the first time to this parliament. It is indeed an incredible honour and a privilege which brings with it great responsibility. I particularly want to single out the member for Hasluck as the first Indigenous member of the House of Representatives and also the member for Chifley as the first person of Islamic faith to be elected to this parliament. I thought it was particularly noteworthy when Michael Danby, the member for Melbourne Ports, and the member for Chifley had their swearing-in at the same time at this dispatch box. It is important that this parliament continue to reflect the Australian people in its composition. In doing so we have got a parliament that does reflect more so the Australian public. I welcome the fact that we do have a more difficult parliament that will make my job more difficult from time to time. It brings with it responsibilities for you, Mr Speaker, but also for each of the 150 members who have been elected to this House. You will preside over a new set of standing orders when they are adopted by the House tomorrow. That set of standing orders provides reforms which will allow for greater participation of all 150 members of this House. It will provide for greater accountability in question time of the executive. It will provide for greater opportunity for discussion of interest to individual members’ electorates. That was something that was embraced by us when we came to government in 2007 with the changes that we made. At that time it did not have support of the whole of the parliament. It is to be hoped that tomorrow the reforms that will be put through do have the support of the entire membership of the House of Representatives. The member for Lyne deserves special thanks from all members of this House in showing the leadership that he showed. Mr Speaker, the fact is that parliamentary reform was something that you advocated from the chair on many occasions in the last parliament. The fact is that majority governments, whether they be Labor or coalition, have been reluctant to support those reforms and therefore give away the advantage that governments have on the floor of this chamber. The new composition given to us by the Australian people on 21 August has ensured that those reforms will take place. But without goodwill, without cooperation and without the spirit as well as the letter of the reforms, it is just a bit of paper. I pledge to work with you, Mr Speaker, as the Leader of the House cooperatively with the Manager of Opposition Business and with crossbench members to ensure that the spirit of the reforms is implemented and that you are in a position to be able to drive those reforms in your high office to which you have been deservingly reappointed here today. 10 11:48:00 Pyne, Chris, MP 9V5 Sturt LP Manager of Opposition Business 0 0 Mr PYNE —Mr Speaker, can I associate myself with the remarks of the Prime Minister, the Leader of the Opposition, the Leader of the House and the Leader of the National Party in congratulating you on your re-election as Speaker for the 43rd parliament. That might be a short term or a long term; let us hope it is a long term as the opposition believes you have done a great job in the last three years in the 42nd parliament in trying to be fair and reasonable in the difficult circumstances of having standing orders very much weighted on behalf of one side of the House. The standing orders that we will pass today or tomorrow in order to do this facilitate the election of the Deputy Speaker and the Second Deputy Speaker—that may be today or it may be tomorrow—will give you the opportunity to give full vent to your stated desire over the last three years that the parliament change the standing orders so that you could make question time more relevant, more appropriate and a better place for the parliament, which the opposition has very much wanted over those last three years. Mr Speaker, I think it is fair to say and honest to say that you and I have had something of a love-hate relationship over the last few years. As Manager of Opposition Business I need you to love me but I have not always felt that love. I am very much looking forward in the 43rd parliament to us being able to change that relationship so that there is a lot more love flowing between us as Speaker and Manager of Opposition Business and that you might leaven some of the exits of members of this House that occurred with a few more from the other side as the months and years progress. So congratulations to you and I look forward very much to being your Manager of Opposition Business. 11 11:50:00 Oakeshott, Rob, MP IYS Lyne IND 0 0 Mr OAKESHOTT —I assure you, Mr Speaker, and all members that I will be brief— An honourable member—Four minutes. IYS Oakeshott, Rob, MP Mr OAKESHOTT —Yes, four minutes. Despite the skulduggery you may have heard in dispatches over the last fortnight, I rise I think on behalf of all the crossbenchers to assure you that you will have the full support of the crossbenchers in your challenging role over the next three years, we hope. In particular I make note of the references to the implementing of the new reforms over the next 48 hours and the general agreement and spirit behind the Agreement for a Better Parliament. You have our full support. I hope the sunshine is coming in and I hope we all can make hay while the sun shines under your rule. 11 11:51:00 SPEAKER, The 10000 PO N/A 1 0 The SPEAKER —Members, I thank you very sincerely for the honour that you have bestowed upon me. It is often said that some of the challenges that confront us should be looked at as opportunities and in fact I see the situation of this, the 43rd Parliament, in that light. I thank the Prime Minister, the Leader of the Opposition, the Leader of the Nationals, the Leader of the House, the Manager of Opposition Business and the member for Lyne for their kind words of congratulation. I thank the member for Hindmarsh and the member for Cunningham for their comments in nominating me for this high office. I repeat an often made comment that those that nominate and second me for positions that involve chair duty should not look upon that as getting a free run from the chair. I know that both the members were very cautious in their comments, so that is probably an added advantage to them. This is a challenging time for the parliament. The reform document that has been spoken about up until today was, I felt, in the ownership of a small number of people. It is now in the ownership of the whole House. The whole House—each of the 150 members—has an opportunity presented by a minority government in this 43rd Parliament of getting effective, positive changes to the way in which this place operates. But I would hope that we do that in a way that enables those changes to be sustainable—that those changes would continue under differing circumstances of numbers within the chamber. I feel that those from outside who look upon the work of the chamber demand that. I have said that I want the parliament to be a modern parliament. We have a lot of traditions on which our work is based and which are the rock for the way we go about our work. There has been mention made of the Westminster system. I have had reason to research even further the Westminster system, and I urge those that can find the time to do so to research it themselves, because much of what we talk about in Westminster is by convention. It is by agreement; it is by parties with differing views in policy having a common aim about the way the parliament operates. So as we work along in implementing a number of things for which I see continuing agreement in the parliamentary reform document, I would hope that we look to further opportunities that might arise about the way in which we relate to each other that can bring this lasting change that I am hopeful of. The Leader of the House made some comments about the membership of the class of 2010, and I believe that this is a wonderful occasion where, representing Hasluck, we have a proud Noongar, Yamatji and Wongi man, whilst, representing Chifley, we have the son of a Bosnian Muslim immigrant family. That does indicate that we are starting to have a more representative membership in this place. Let our work be more representative; let us be a chamber that, despite the continuing robust nature of our engagement, those who observe from outside can be proud of. In conclusion I just have two groups of people that I wish to thank. The people of Scullin have continued to support me but I, like all of us, have to acknowledge that when we come here representing a major party, despite thinking it is our greatness that gets us across the line, it is because of the support for the organisation and the political party that we are proud to go forward as candidates. I have, as is demanded by the parliamentary reform document, put myself in self-imposed exile from the federal parliamentary Labor Party. Much has been said about how a person who steps outside that system can continue to represent their electorate. It is very high in my thoughts as to the ways in which I can continue to carry out that important duty, because to do that makes my job in representing an electorate more difficult. In the 42nd Parliament I withdrew from the activities of the caucus when there was discussion of tactics. I think I was the first Speaker for a long time to have no idea of the list of questions from either side. I was happy with that, but the reason that I thought I should be involved in the discussion of policy was that I owed it to the people who placed me here as their representative. So the step that is made is a big step, but I say to the constituents of Scullin that I will use my best endeavours, like my 149 colleagues in this House, to make sure that their hopes and aspirations get some ventilation through the other aspects of parliamentary life that are available to me. Finally, I thank my family, who are represented in the gallery today—both my immediate family and my extended family. It is true to say that it has been an interesting period over the last few weeks, and you get to acknowledge those that are close to you, both family and friends. At some stage, perhaps, the true story of the last few weeks will be aired, but I am happy that I have had the support of family and true friends over the last few weeks. It has given me the strength and the desire to take this position. I say to the House that I will use my best endeavours to make sure that the House of Representatives, throughout the 43rd Parliament, is a workable house and that we do engage in a way which is in the best interests of Australia as a nation. 12 Miscellaneous 12 12:00:00 Gillard, Julia, MP 83L Lalor ALP Prime Minister 1 0 Ms GILLARD —Mr Speaker, I suspect that what I have to say is not going to surprise you, but I have ascertained that it will be Her Excellency the Governor-General’s pleasure to receive the Speaker in the Members Hall immediately after the resumption of the sitting at 2.30 pm. 10000 SPEAKER, The The SPEAKER —Prior to my presentation to Her Excellency this afternoon, the bells will ring for five minutes so that honourable members may attend in the chamber and accompany me to the Members Hall, when they may, if they so wish, be introduced to Her Excellency. Sitting suspended from 12.01 pm to 2.30 pm The Speaker and honourable members proceeded to the Members Hall and having returned— 10000 SPEAKER, The The SPEAKER —I have to report that, accompanied by honourable members, I proceeded to the Members Hall and presented myself to Her Excellency the Governor-General as the choice of the House as its Speaker and that Her Excellency was kind enough to congratulate me. 13 Miscellaneous 10000 SPEAKER, The The SPEAKER —Her Excellency also presented to me an authority to administer to members the oath or affirmation of allegiance. I now lay the authority on the table. 13 Miscellaneous The Usher of the Black Rod, having been announced, was admitted and delivered a message that Her Excellency the Governor-General desired the attendance of honourable members in the Senate chamber forthwith. The Speaker and honourable members attended accordingly and having returned— 13 Ministerial Arrangements 13 16:03:00 Gillard, Julia, MP 83L Lalor ALP Prime Minister 1 0 Ms GILLARD —Mr Speaker, I have the honour to inform the House that, following the election held on 21 August 2010, the Governor-General commissioned me to form a government. The ministry was appointed on 14 September 2010. I understand that a document giving details of the ministry will be included in the Votes and Proceedings and Hansard. The document is a list of ministers and the offices they hold. It shows those ministers who constitute the cabinet and provides details of representation arrangements in each chamber. It also shows the parliamentary secretaries whom I have appointed. The document read as follows— GILLARD MINISTRY Title Minister Other Chamber Prime Minister The Hon Julia Gillard MP Senator the Hon Chris Evans Minister for Regional Australia, Regional Development and Local Government The Hon Simon Crean MP Senator the Hon Nick Sherry Minister for the Arts The Hon Simon Crean MP Senator the Hon Mark Arbib Minister for Social Inclusion The Hon Tanya Plibersek MP Senator the Hon Mark Arbib Minister for Privacy and Freedom of Information The Hon Brendan O’Connor MP Senator the Hon Joe Ludwig Minister for Sport Senator the Hon Mark Arbib The Hon Kate Ellis MP Special Minister of State for the Public Service and Integrity The Hon Gary Gray AO MP Senator the Hon Penny Wong Cabinet Secretary The Hon Mark Dreyfus QC MP Senator the Hon Penny Wong Parliamentary Secretary to the Prime Minister Senator the Hon Kate Lundy Treasurer (Deputy Prime Minister) The Hon Wayne Swan MP Senator the Hon Nick Sherry Assistant Treasurer The Hon Bill Shorten MP Minister for Financial Services and Superannuation The Hon Bill Shorten MP Parliamentary Secretary to the Treasurer The Hon David Bradbury MP Senator the Hon Nick Sherry Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Leader of the Government in the Senate) Senator the Hon Chris Evans The Hon Simon Crean MP (Jobs and Workplace Relations) The Hon Peter Garrett AM MP (Tertiary Education and Skills) Minister for School Education, Early Childhood and Youth The Hon Peter Garrett AM MP Senator the Hon Chris Evans Minister for Employment Participation and Childcare The Hon Kate Ellis MP Senator the Hon Chris Evans Minister for Indigenous Employment and Economic Development Senator the Hon Mark Arbib The Hon Jenny Macklin MP Parliamentary Secretary for School Education and Workplace Relations Senator the Hon Jacinta Collins Minister for Broadband, Communications and the Digital Economy (Deputy Leader of the Government in the Senate) Minister Assisting the Prime Minister on Digital Productivity Senator the Hon Stephen Conroy The Hon Anthony Albanese MP Minister for Foreign Affairs The Hon Kevin Rudd MP Senator the Hon Stephen Conroy Minister for Trade The Hon Dr Craig Emerson MP Senator the Hon Stephen Conroy Parliamentary Secretary for Trade The Hon Justine Elliot MP Parliamentary Secretary for Pacific Island Affairs The Hon Richard Marles MP Minister for Defence (Deputy Leader of the House) The Hon Stephen Smith MP Senator the Hon Chris Evans Minister for Veterans’ Affairs The Hon Warren Snowdon MP Senator the Hon Chris Evans Minister for Defence Science and Personnel The Hon Warren Snowdon MP Senator the Hon Chris Evans Minister for Defence Materiel The Hon Jason Clare MP Senator the Hon Chris Evans Parliamentary Secretary for Defence Senator the Hon David Feeney Senator the Hon Kim Carr Minister for Immigration and Citizenship The Hon Chris Bowen MP Parliamentary Secretary for Immigration and Citizenship Senator the Hon Kate Lundy Minister for Infrastructure and Transport (Leader of the House) The Hon Anthony Albanese MP Senator the Hon Kim Carr Parliamentary Secretary for Infrastructure and Transport The Hon Catherine King MP Minister for Health and Ageing The Hon Nicola Roxon MP Senator the Hon Joe Ludwig Minister for Indigenous Health The Hon Warren Snowdon MP Senator the Hon Joe Ludwig Minister for Mental Health and Ageing The Hon Mark Butler MP Senator the Hon Joe Ludwig Parliamentary Secretary for Health and Ageing The Hon Catherine King MP Minister for Families, Housing, Community Services and Indigenous Affairs The Hon Jenny Macklin MP Senator the Hon Mark Arbib Minister for the Status of Women The Hon Kate Ellis MP Senator the Hon Penny Wong Minister for Social Housing and Homelessness Senator the Hon Mark Arbib The Hon Jenny Macklin MP Parliamentary Secretary for Disabilities and Carers Senator the Hon Jan McLucas Parliamentary Secretary for Community Services The Hon Julie Collins MP Minister for Sustainability, Environment, Water, Population and Communities The Hon Tony Burke MP Senator the Hon Stephen Conroy Parliamentary Secretary for Sustainability and Urban Water Senator the Hon Don Farrell Minister for Finance and Deregulation Senator the Hon Penny Wong The Hon Wayne Swan MP Special Minister of State The Hon Gary Gray AO MP Senator the Hon Penny Wong Minister Assisting on Deregulation Senator the Hon Nick Sherry Minister for Innovation, Industry, Science and Research Senator the Hon Kim Carr The Hon Peter Garrett AM MP Minister for Small Business Senator the Hon Nick Sherry The Hon Bill Shorten MP Attorney-General (Vice President of the Executive Council) The Hon Robert McClelland MP Senator the Hon Joe Ludwig Minister for Home Affairs The Hon Brendan O’Connor MP Senator the Hon Joe Ludwig Minister for Justice The Hon Brendan O’Connor MP Senator the Hon Joe Ludwig Minister for Agriculture, Fisheries and Forestry (Manager of Government Business in the Senate) Senator the Hon Joe Ludwig The Hon Tony Burke MP Parliamentary Secretary for Agriculture, Fisheries and Forestry The Hon Dr Mike Kelly AM MP Minister for Resources and Energy The Hon Martin Ferguson AM MP Senator the Hon Nick Sherry Minister for Tourism The Hon Martin Ferguson AM MP Senator the Hon Nick Sherry Minister Assisting the Minister for Tourism Senator the Hon Nick Sherry Minister for Climate Change and Energy Efficiency The Hon Greg Combet AM MP Senator the Hon Penny Wong Parliamentary Secretary for Climate Change and Energy Efficiency The Hon Mark Dreyfus QC MP Minister for Human Services The Hon Tanya Plibersek MP Senator the Hon Mark Arbib Each box represents a portfolio. Cabinet Ministers are shown in bold type. As a general rule, there is one department in each portfolio. However, there is a Department of Veterans’ Affairs in the Defence portfolio and a Department of Regional Australia, Regional Development and Local Government in the Prime Minister’s portfolio. The title of a department does not necessarily reflect the title of a minister in all cases. 83L Gillard, Julia, MP Ms GILLARD —Mr Speaker, I would also like to inform the House that the honourable member for Hunter has been appointed Chief Government Whip— Honourable members interjecting— 83L Gillard, Julia, MP Ms GILLARD —and that the honourable members for Shortland and Fowler have been appointed government whips. And I thank the member for North Sydney for his encouragement and support of the Chief Government Whip. 15 Miscellaneous 15 16:04:00 Abbott, Tony, MP EZ5 Warringah LP Leader of the Opposition 0 0 Mr ABBOTT —Mr Speaker, I have the honour to inform the House that the parliamentary Liberal Party has elected me as its leader and the honourable member for Curtin as deputy leader. The honourable member for Leichhardt has been appointed Chief Opposition Whip and the honourable members for Forrest and Barker have been appointed as opposition whips. I understand that a full list of the shadow ministry will be published in the Hansard. The document read as follows— COALITION SHADOW MINISTRY Title Shadow Minister Other Chamber Leader of the Opposition The Hon Tony Abbott MP Senator the Hon Eric Abetz Shadow Parliamentary Secretary Assisting the Leader of the Opposition Senator Cory Bernardi Shadow Minister for Foreign Affairs Shadow Minister for Trade (Deputy Leader of the Opposition) The Hon Julie Bishop MP Senator the Hon David Johnston Shadow Parliamentary Secretary for International Development Assistance The Hon Teresa Gambaro MP Shadow Minister for Infrastructure and Transport (Leader of The Nationals) The Hon Warren Truss MP Senator Barnaby Joyce Shadow Parliamentary Secretary for Roads and Regional Transport Mr Darren Chester MP Shadow Minister for Employment and Workplace Relations (Leader of the Opposition in the Senate) Senator the Hon Eric Abetz The Hon Sussan Ley MP Shadow Minister for Employment Participation The Hon Sussan Ley MP Shadow Attorney-General Shadow Minister for the Arts (Deputy Leader of the Opposition in the Senate) Senator the Hon George Brandis SC Mr Michael Keenan MP Shadow Minister for Justice, Customs and Border Protection Mr Michael Keenan MP Senator the Hon George Brandis SC Shadow Parliamentary Secretary to the Shadow Attorney- General Senator Gary Humphries Shadow Treasurer The Hon Joe Hockey MP Senator Mathias Cormann Shadow Assistant Treasurer and Shadow Minister for Financial Services and Superannuation Senator Mathias Cormann Shadow Parliamentary Secretary for Tax Reform (Deputy Chairman, Coalition Policy Development Committee) The Hon Tony Smith MP Shadow Minister for Education, Apprenticeships and Training (Manager of Opposition Business in the House) The Hon Christopher Pyne MP Senator the Hon Brett Mason Shadow Minister for Childcare and Early Childhood Learning The Hon Sussan Ley MP Senator Fiona Nash Shadow Minister for Universities and Research Senator the Hon Brett Mason The Hon Christopher Pyne MP Shadow Minister for Youth and Sport (Deputy Manager of Opposition Business in the House) Mr Luke Hartsuyker MP Senator Fiona Nash Shadow Parliamentary Secretary for Regional Education Senator Fiona Nash Shadow Minister for Indigenous Affairs (Deputy Leader of the Nationals) Senator the Hon Nigel Scullion The Hon Kevin Andrews MP Shadow Minister for Indigenous Development and Employment Senator Marise Payne Shadow Minister for Regional Development, Local Government and Water (Leader of the Nationals in the Senate) Senator Barnaby Joyce The Hon Ian Macfarlane MP Shadow Minister for Regional Development The Hon Bob Baldwin MP Senator the Hon Ian Macdonald Shadow Parliamentary Secretary for Northern and Remote Australia Senator the Hon Ian Macdonald Shadow Parliamentary Secretary for Local Government Mr Don Randall MP Senator the Hon Ian Macdonald Shadow Parliamentary Secretary for the Murray-Darling Basin Senator Simon Birmingham The Hon Ian Macfarlane MP Shadow Minister for Finance, Deregulation and Debt Reduction (Chairman, Coalition Policy Development Committee) The Hon Andrew Robb AO MP Senator Mathias Cormann Shadow Special Minister of State The Hon Bronwyn Bishop MP Senator Mathias Cormann Shadow Minister for COAG Senator Marise Payne The Hon Andrew Robb AO MP (Chairman, Scrutiny of Government Waste Committee) (Mr Jamie Briggs MP) Shadow Minister for Energy and Resources The Hon Ian Macfarlane MP Senator the Hon George Brandis SC Shadow Minister for Tourism The Hon Bob Baldwin MP Shadow Minister for Defence Senator the Hon David Johnston Mr Stuart Robert MP Shadow Minister for Defence Science, Technology and Personnel Mr Stuart Robert MP Shadow Minister for Veterans’ Affairs Senator the Hon Michael Ronaldson Mr Stuart Robert MP Shadow Parliamentary Secretary for Defence Materiel Senator Gary Humphries Shadow Parliamentary Secretary for the Defence Force and Defence Support Senator the Hon Ian Macdonald Shadow Minister for Communications and Broadband The Hon Malcolm Turnbull MP Senator Simon Birmingham Shadow Minister for Regional Communications Mr Luke Hartsuyker MP Shadow Minister for Health and Ageing The Hon Peter Dutton MP Senator Concetta Fierravanti-Wells Shadow Minister for Ageing Shadow Minister for Mental Health Senator Concetta Fierravanti-Wells The Hon Peter Dutton MP Shadow Parliamentary Secretary for Primary Healthcare Dr Andrew Southcott MP Senator Concetta Fierravanti-Wells Shadow Parliamentary Secretary for Regional Health Services and Indigenous Health Dr Andrew Laming MP Shadow Minister for Families, Housing and Human Services The Hon Kevin Andrews MP Senator Mitch Fifield Shadow Minister for Seniors The Hon Bronwyn Bishop MP Senator Concetta Fierravanti-Wells Shadow Minister for Disabilities, Carers and the Voluntary Sector (Manager of Opposition Business in the Senate) Senator Mitch Fifield The Hon Kevin Andrews Shadow Minister for Housing Senator Marise Payne The Hon Kevin Andrews Shadow Parliamentary Secretary for Supporting Families Senator Cory Bernardi Shadow Parliamentary Secretary for the Status of Women Senator Michaelia Cash Shadow Minister for Climate Action, Environment and Heritage The Hon Greg Hunt MP Senator the Hon Eric Abetz Shadow Parliamentary Secretary for Environment Senator Simon Birmingham Shadow Minister for Productivity and Population Shadow Minister for Immigration and Citizenship Mr Scott Morrison MP Senator the Hon Eric Abetz Shadow Parliamentary Secretary for Citizenship and Settlement The Hon Teresa Gambaro MP Senator Michaelia Cash Shadow Parliamentary Secretary for Immigration Senator Michaelia Cash Shadow Minister for Innovation, Industry and Science Mrs Sophie Mirabella MP Senator the Hon Richard Colbeck Shadow Parliamentary Secretary for Innovation, Industry, and Science Senator the Hon Richard Colbeck Shadow Minister for Agriculture and Food Security The Hon John Cobb MP Senator the Hon Richard Colbeck Shadow Parliamentary Secretary for Fisheries and Forestry Senator the Hon Richard Colbeck Shadow Minister for Small Business, Competition Policy and Consumer Affairs The Hon Bruce Billson MP Senator Scott Ryan Shadow Parliamentary Secretary for Small Business and Fair Competition Senator Scott Ryan Shadow Cabinet Ministers are shown in bold type. In addition, the Hon Philip Ruddock MP will act as Shadow Cabinet Secretary. 18 Miscellaneous 18 16:04:00 Truss, Warren, MP GT4 Wide Bay NATS Leader of the Nationals 0 0 Mr TRUSS —Mr Speaker, I have the honour to inform the House that the Nationals have elected me as their leader. The honourable member for Parkes has been appointed the Nationals Chief Whip and the honourable member for Hinkler as the Nationals Whip. 18 Bills R4466 18 Bill and explanatory memorandum presented by Ms Gillard. Bill read a first time. Ordered that the second reading be made an order of the day for the next sitting. 18 Governor-General's Speech 10000 SPEAKER, The The SPEAKER —I have to report that the House this day attended Her Excellency the Governor-General in the Senate chamber when Her Excellency was pleased to make a speech to both houses of the parliament. I have received a copy of the speech which will be incorporated in Hansard for record purposes. The speech read as follows— Honourable members having come with their Speaker, Her Excellency was pleased to deliver the following speech: Introduction Honourable Senators and Members of the Parliament of Australia: I honour the traditional owners of the country upon which we gather and celebrate our Indigenous peoples as the first law-givers of this land. I also acknowledge the remarkable circumstance of our nation having its first female Governor-General and first female Prime Minister. This historic conjunction should be an inspiration not only to the women and girls of our nation but to all Australians. It demonstrates this is a land of freedom and of opportunity. It should reinforce to every girl and every boy, that in this wonderful country, they can aim high and see their hopes fulfilled. It is also evidence that our democratic system is strong, with our established principles of government ever adapting to meet new challenges and new demands. Nowhere has the robust nature of our democracy been more evident than in the election held on the 21st of August 2010. Through this result, the Australian people have placed upon their elected leaders the responsibility of forming a minority government, something not seen in our Commonwealth for seven decades. Parliamentary reform It is a tribute to every Senator and Member gathered here today that this process unfolded with patience and civility and has yielded a parliament committed to greater transparency and accord. In that spirit, the Government will quickly implement new measures to enhance the dignity and effectiveness of this legislature, including a more effective Question Time, a stronger committee system and greater scope for private members’ Bills. The Government will also facilitate the creation of a Parliamentary Budget Office and the new role of Parliamentary Integrity Commissioner. It is the Government’s intention that these reforms will not only serve for this current term but become an enduring legacy to our parliamentary system. The Government will also bring forward for early consideration legislation to ensure that political donations are made more transparent and risks to the integrity of our political system are minimised. Of great significance in this term will be proposals to amend the Constitution to recognise the First Australians and to acknowledge the role of local government in our democratic system. The recognition of Indigenous Australians in our founding charter will be a high point on our nation’s long journey towards reconciliation, which began with the historic referendum of 1967. More broadly, the Government recognises that the Parliament will play a much enhanced role in the governance of our nation during this term and welcomes the opportunity thus presented to strengthen our democracy. Within this more cooperative framework, the Government looks forward to implementing policies that will equip our nation to meet the demands and challenges of the twenty-first century. A stronger economy Foremost among those challenges is the need to build a high-productivity, high-participation, high-skill economy that delivers sustainable growth for all Australians. Having emerged from the global financial crisis with some of the best economic outcomes of any advanced nation, the Government will implement measures to ensure Australia’s economy remains flexible and strong. At the heart of these plans is the Government’s commitment to return the Budget to surplus in 2012–13, placing Australia at the forefront of global fiscal consolidation efforts. The Government will advance its economic reform agenda to lift productivity and competitiveness and prepare for the future, through reforms to taxation, superannuation and business regulation, and through investments in education and infrastructure to drive future growth. During this term, the Government will pursue plans to reduce the tax burden on the business sector, simplify tax returns for ordinary taxpayers and obtain a more equitable distribution of the nation’s natural wealth through the Minerals Resource Rent Tax agreed with our nation’s biggest miners and now the subject of wider consultation. Further deliberations on the nation’s taxation system will be considered at a public forum to be held by mid 2011, which will re-examine the Henry Tax Review and consider the economic and social effects of taxation reform. Following that forum, the Government will hold a debate on tax reform in the Australian Parliament, enabling all Senators and Members to express their views. In the coming term of office, the Government will also commence implementation of its promised increase in the Superannuation Guarantee levy from 9 to 12 per cent, ensuring working Australians enjoy greater security in retirement and considerably boosting the nation’s pool of savings. In parallel, the Government will seek to implement key findings of the Cooper Review to make the nation’s superannuation system more efficient, cost-effective and transparent. During this term, the Government will also pursue its reform agenda to break down barriers for businesses operating across state and territory borders, in particular, a national regime for occupational health and safety regulation. Another central aspect of the Government’s economic strategy is continued high levels of infrastructure investment, which will help drive productivity and make our cities more liveable. To this end, the Government is investing $37 billion on transport infrastructure through the Nation Building Program over the six-year period to 2013–14. The Government’s commitments include major urban rail projects in Sydney, Melbourne and Brisbane, the most significant investment in public transport yet made by the Commonwealth. In this term of Parliament, the Government will also continue the rollout of Australia’s largest ever infrastructure enterprise, the National Broadband Network. By making high-speed, affordable broadband available to the whole community, the NBN will help lift the productivity of our regional economies, expand economic opportunities and improve service delivery in key areas such as education and health care. The NBN will also underpin the Government’s commitment to provide, from the 1st of July 2011, a new Medicare rebate for internet-based consultations for those living in regional and outer suburban areas where access to medical specialists is limited. Accordingly, the Government will present for consideration by this Parliament legislation to enable the effective rollout of the NBN, support the heads of agreement with Telstra and improve the existing regulatory regime. The Australian Government is deeply committed to ensuring that the dignity and benefits of work are more widely shared among the members of our community. Therefore, the Government will pursue measures to increase workplace participation by disadvantaged or disengaged groups, including Indigenous Australians, people with disability, youth and mature age workers. This will include the introduction of a Work Bonus for age pensioners who choose to undertake part-time work, and training and assessment support for mature age workers. The Government will also bring forward a range of new measures to drive positive employment outcomes, including relocation assistance to support the long-term unemployed move to areas with greater job opportunities. With the economy returning to above-trend growth, the Government acknowledges the cost of living pressures faced by many families. In response, the Government has already introduced three tranches of income tax reductions and has increased the Child Care Rebate from 30 to 50 per cent. In addition, the Government’s historic Paid Parental Leave scheme will commence on the 1st of January 2011, assisting families with the cost of raising children and encouraging greater workforce participation. To provide further assistance to families, the Government will extend the scope of the Education Tax Refund to cover the cost of school uniforms. In addition, the Government will increase family support by up to $4,000 a year for teenagers who are enrolled in school or vocational training, encouraging young people to remain in the education system and acquire the skills necessary for work and for life. The Government will better protect employee entitlements as part of its commitment to fair and balanced workplace relations, and measures will be introduced to enhance the protections available to banking customers. Education Honourable Senators and Members, Education lies at the heart of the Government’s agenda to strengthen workforce participation and enhance our nation’s fairness and prosperity. The Government will continue to build on its landmark reforms in early childhood education, schools, vocational education, universities and research. In each area the Government will continue to improve standards and quality, increase transparency and modernise infrastructure. During this term, in the area of school education, the Government will empower local principals and communities to make decisions on the ground to improve the quality and effectiveness of their schools. At the same time, the Government will deliver the national curriculum and build on its My School transparency measures. In addition, parents, students and teachers will be provided with a national online assessment and learning bank to help support learning and diagnose individual student strengths and learning needs. There will also be new recognition and rewards for schools that improve attendance and student performance, and the very best classroom teachers will be identified and rewarded through a new national system of performance assessment and bonus payments. The Government will also move to ensure Australian students have access to a national educational credential of international standing – the Australian Baccalaureate. To help ensure children are ready to learn when they start school, the Government will continue to deliver its early education reform agenda and enable universal access to preschool by 2013. The Government will link payment of the Family Tax Benefit Part A end-of-year supplement so that four-year-old children receive a health assessment before starting school. In the area of skills development, which is so critical to our nation’s future, the Government will continue its reform efforts to create a truly national, high-quality, transparent training system and to lift the skills of the workforce. The Government will build on the Trade Training Centres program with a new National Trade Cadetship initiative to help young people develop trade skills while they are enrolled at school. Additional incentives and mentoring will also be provided to ensure that apprentices gain the skills and experience relevant to the industries of today and the future, including high-tech manufacturing. The Government will introduce a guaranteed entitlement to a high-quality training place for all Australians under the age of 25, and in the future will develop a broad entitlement for foundation skills training and skills development for older Australians. During this term of Parliament, legislation will be introduced to establish new quality and standards regulators in higher education and vocational education. Given the vital role of universities in driving productivity, research, innovation, regional development and the social and cultural life of the nation, the Government will continue to deliver its transformative reform agenda stemming from the Bradley and Cutler Reviews and the considerable new funding associated with these reforms. The Government will also seek to re-introduce university student amenities and services legislation to enrich the learning experience and well-being of students across Australia. A fair and resilient society Honourable Senators and Members, Over the next term, the Government will strive not only to build a stronger economy but a more inclusive society. Despite Australia’s strong economic growth, around five per cent of working age citizens experience multiple forms of disadvantage that can result in lower levels of social and economic participation and reduced well-being. The Government’s second term social inclusion agenda will thus focus on overcoming entrenched disadvantage so that as the economy grows, fewer people are left behind. To achieve these objectives, the Government will continue to invest in our health system and schools, our communities and regions to support social inclusion and close the gap on Indigenous disadvantage. The Government will implement its landmark structural reforms to improve access to health and hospital services for all Australians and sustain the financial viability of the health system. The Government will also expand the rollout of GP Super Clinics in suburban and regional communities, and create a GP After Hours hotline so families can receive support on weekends or late at night. On mental health, the Government will fund a package to help reduce the incidence of suicide and will work towards new measures to further improve the health of Australians living with mental illness. The Government will also fund additional aged care places and invest in multipurpose services that provide integrated aged health and aged care services. Over the next four years, the Government will invest in increasing participation in community sport and supporting our elite athletes, thus contributing to a more active and healthy society. Indigenous communities will benefit from the Government’s continued investment in housing, health, early childhood, economic participation and remote service delivery, with outcomes closely tracked against ‘Closing the Gap’ targets. The Government’s agenda for Indigenous advancement will also be strongly supported by the establishment of the National Congress of Australia’s First Peoples to be convened from January 2011. The Government is committed to ensuring that this term of office delivers tangible improvements in the level of support for those who live with disability. The Government will increase the number of supported accommodation places, and will finalise the National Disability Strategy through the Council of Australian Governments. It will also provide individual funding for early intervention services to assist children diagnosed with sight and hearing impairments, cerebral palsy, Down syndrome or Fragile X syndrome. The long-term care and support needs of people with disability is a national priority that demands a national response. The Government therefore looks forward to giving careful consideration to the Productivity Commission’s forthcoming report on a national disability insurance scheme. Prevention of violence against women and children will also be a priority in this term of the Parliament. The forthcoming National Plan to Reduce Violence against Women and their Children will focus the efforts of all governments on preventing violence, delivering justice for victims and improving support services. Problem gambling is another important social issue that the Government seeks to address during this new term. The social cost of problem gambling is estimated to be $4.7 billion a year, along with an incalculable human toll on gambling addicts and their families. The Government will therefore work to implement, by 2014, a best practice full pre-commitment scheme that is uniform across all states and territories and machines, consistent with the recommendations of the Productivity Commission. The extent and intractability of homelessness remains one of the greatest stains on Australia’s deserved reputation for social fairness and decency. The Government is committed to reducing the number of Australians who are homeless and will work closely with state and territory governments and the non-profit sector to halve the rate of homelessness and offer accommodation to all people who sleep rough by 2020. Enhancement of the non-profit sector is also a key priority for this term, and the Government therefore will create a new Office for the Non-Profit Sector, harmonise and simplify laws on non-profit issues and examine the merits of a single national regulator. The Government will strengthen its support for the arts with the release of Australia’s first national cultural policy in almost two decades. The Government will also support the performing arts sector, help build a stronger contemporary music industry and will respond to the review of the screen production sector during this term of the Parliament. Building Regional Australia Honourable Senators and Members, The recent election has brought renewed attention to the needs of the one-third of Australians who live outside our major cities and who exemplify in a special way our nation’s heritage and character. Those citizens rightly aspire to high-quality, accessible services befitting their status as equal members of the Australian community. Accordingly the Government has appointed a new Cabinet-level Minister for Regional Australia, supported by a new Department of Regional Australia. In addition, the Government will establish a new House of Representatives Committee on Regional Australia, allowing Members to inquire into the needs and resourcing of our regions and the impact of legislation on regional communities. The Government will also fund the creation of a Regional Development Policy Centre to provide an additional source of independent advice for Honourable Members and the wider community. In terms of resources, 60 per cent of the Government’s Nation Building infrastructure funding has already been allocated to regional Australia, as has the $6 billion Regional Infrastructure Fund. Building on these developments, the Government will significantly increase the level of resources available to regional Australia. The Government will invest $800 million in a new Priority Regional Infrastructure Program that will fund projects such as transport, economic and community infrastructure as identified by local communities. Regional universities and TAFEs will have access to a dedicated Regional Priorities Round of up to $500 million from the Education Investment Fund. There will also be a Regional Priority Round from the Health and Hospitals Fund to build and upgrade regional health infrastructure and support clinical training capacity in our regional hospitals. In addition, the Government will ensure that regional Australia receives a minimum population-based funding entitlement of all educational resources, and will develop a regional education and skills plan during the course of 2011. Importantly, the Government will also carry forward its commitment to build the Inland Rail Link, which has been so long awaited by many country communities. And under the Government’s Building Better Regional Cities program, funding will be provided to help facilitate the construction of up to 15,000 affordable homes in regional cities that wish to expand. Climate change and sustainability Honourable Senators and Members, Australia’s natural heritage is a precious gift held in trust for future generations and for the entire world. It is the Government’s strong view that Australia’s unique way of life must be preserved through measures to ensure a more sustainable future, by both protecting the environment and enhancing the amenity of our urban communities. During this term of office, the Government will develop the nation’s first ever sustainable population strategy to examine future population needs and how population growth can be better underpinned by appropriate infrastructure and services. Of vital importance to the Government’s agenda is the need to reduce the level of damaging greenhouse gas emissions, which endanger the sustainability of our planet. Accordingly, the Government will shortly convene a new multi-party Climate Change Committee to provide advice on mechanisms for implementing a carbon price and how best to build community consensus. The committee’s work will be vital in enabling the Parliament to conduct a wide-ranging and informed debate on this important issue. At the same time, the Government will work to harness the power of natural resources, including wind, solar, geothermal energy and biofuels, as well as funding transmission infrastructure to bring renewable energy from our regions to our cities. The Government will also bring forward legislation to strengthen emission standards for new power stations and motor vehicles, as well as providing tax concessions for sustainable buildings and rebates for the replacement of older, inefficient vehicles. In addition, the Government’s proposed Carbon Farming Initiative will facilitate the sale of carbon credits on domestic and international markets, providing a new source of income for farmers and reducing carbon pollution. As the world’s driest inhabited continent, Australia must carefully steward its precious water resources, especially those of our greatest river system, the Murray-Darling. The Government has already purchased more than 900 billion litres of water entitlements for environmental flows, and the release of the Murray-Darling Basin Plan Guide next month will advance this important national priority. To better protect our most sensitive marine habitats and assist the long-term viability of our ocean-based industries, the Government will seek to build a representative network of protected areas in Australian waters. During this term, the Government will also respond to the independent review of the Environment Protection and Biodiversity Conservation Act, and will develop a National Food Plan to examine the long-term sustainability of Australia’s food production. National security and international relations Honourable Members and Senators, As a diverse multicultural nation dedicated to free trade and creative middle power diplomacy, Australia has a constructive role to play on the world stage. The Government will continue to foster those relationships that are so essential for Australia’s interests, including our alliance with the United States and our core bilateral relationships with partners in our region. The Government will also ensure that Australia remains an active and effective member of key multilateral institutions, including the United Nations, the G20, the East Asia Summit and the Asia-Pacific Economic Cooperation forum. There is no higher policy priority than national security, and the Government will continue to build a whole-of-government approach to meet the full range of threats and challenges that may arise. The Government’s most immediate national security priority is Afghanistan, where the international community seeks to prevent that country from again becoming a terrorist staging ground. Our nation’s engagement has come at a high price, and we honour the memory of the 21 Australians who have made the supreme sacrifice in Afghanistan since 2001. The Government remains committed to the task in Afghanistan and will continue to provide the support necessary for Australian forces to complete their mission. Acknowledging the increasing number of personnel who are injured on duty, the Government will introduce a new support scheme, the Simpson Program, which will provide increased assistance, training and specialist rehabilitation for wounded Defence Force members. More broadly, the Government remains committed to ensuring Australia has the defence capabilities it needs to meet current and future challenges, while also ensuring that defence spending remains prudent and cost-effective. The loss of Australian lives in Bali in 2002 and 2005 is a potent reminder of the need for vigilance and resolve against the threat of terrorism. Accordingly, the Government remains committed to a comprehensive approach to counter-terrorism which focuses on prevention and reducing the risks faced by Australians at home and abroad. The Government also recognises the grave threat to international peace posed by the proliferation of nuclear, biological and chemical weapons and know-how, and will continue to pursue the cause of disarmament together with our international partners. On the issue of border protection, the Government seeks to remove the incentive for asylum seekers to undertake dangerous sea voyages to Australia, while promoting an approach to assessing refugee claims that is efficient, timely and fair. Accordingly, the Government remains committed to an effective response to irregular maritime migration through the development of a Regional Protection Framework, in cooperation with our regional neighbours as well as the United Nations High Commissioner for Refugees and the International Organisation for Migration. The Government will always honour the obligations under the United Nations Refugee Convention to which our country became a party under Prime Minister Menzies in 1954. Conclusion Honourable Senators and Members, With the convening of the 43rd Parliament, our system of government ventures into terrain not encountered since the far-off days of World War Two. As one of the world’s oldest continuing democracies, we have it within our grasp to ensure that the challenges posed by the configuration of this Parliament become a source of renewal and change. Certainly the story of our nation tells us that nothing is impossible when we work together and seek the best in each other – drawing upon the qualities of resourcefulness and courage that are such a hallmark of the Australian spirit. The Government acknowledges that the measures outlined today are not the complete sum of what can be accomplished by this Parliament. Rather, it is the Government’s hope that through its strong leadership, combined with goodwill and consensus, even more can be achieved to the benefit of our people and the advancement of our Commonwealth in the term that lies ahead. I therefore wish you well in your deliberations and warmly commend your dedication to the service of our nation. And with great faith in the enduring strength of our democratic institutions, I take pride in opening the 43rd Parliament of the Commonwealth of Australia. 25 Ms GILLARD (Lalor —Prime Minister) 00:00:00 —I move: That a committee, consisting of Ms O’Neill, Mr Lyons and the mover, be appointed to prepare an Address in Reply to the speech delivered by Her Excellency the Governor-General to both Houses of the Parliament and that the committee report at the next sitting Question agreed to. Sitting suspended from 4.07 pm to 5.00 pm 25 Miscellaneous 25 25 17:00:00 Melham, Daryl, MP 4T4 Banks ALP 1 0 Mr MELHAM —Mr Speaker, I move: That the member for Fisher, Peter Slipper, be elected Deputy Speaker of the House of Representatives. One only needs to go to the 2008 Parliamentary Handbook to see that the member for Fisher is eminently qualified to occupy the position of Deputy Speaker. He has been a member of the Speaker’s panel from the 18 February 2008. He was Parliamentary Secretary to the Minister for Finance and Administration from 21 October 1998 to 26 October 2004. He was acting Parliamentary Secretary to the Prime Minister from 14 March 2002 to 7 October 2003. I got to know the member for Fisher well when I chaired the House of Representatives Legal and Constitutional Affairs Committee from 1993 to 1996. He was a contributing member to that committee. He was a diligent member of that committee, so much so that he subsequently became chairman of that committee from 2 December 2004 to 17 October 2007. I commend the member for Fisher to the House for the position of Deputy Speaker. 26 17:01:00 Hayes, Chris, MP ECV Fowler ALP 1 0 Mr HAYES —I second the motion of the member for Banks in nominating the member for Fisher for the position of Deputy Speaker. Peter Slipper joined this House originally in 1984 and was here for but a short time, on that occasion as a member of the National Party. He rejoined the House in 1993 and has served diligently on that side of the House with his Liberal colleagues ever since. He has been a member of the Speaker’s panel since 2008 and served on parliamentary committees, particularly the Joint Standing Committee on Foreign Affairs and Trade, and the House of Representatives Legal and Constitutional Affairs and Family and Community Affairs committees. Before coming to this place, Peter had a practice as a barrister and solicitor in various jurisdictions and also made a career as a farmer and a business person. Since I came to this place in a by-election in 2005, Peter Slipper has befriended me and assisted me in what I still regard as the very steep learning curve that members go through here. It is not just members on one side of the House that contribute to that learning experience—all colleagues play a role in that. I thank the member for Fisher for his assistance in my journey. As I say, I have pleasure in seconding the nomination of the member for Banks. 10000 SPEAKER, The The SPEAKER —Is there any further motion? 26 17:03:00 Pyne, Chris, MP 9V5 Sturt LP 0 0 Mr PYNE —I move: That the member for Maranoa, Bruce Scott, be elected Deputy Speaker of the House of Representatives. It gives me great pleasure to place the name of my friend and colleague the member for Maranoa in nomination for the coalition for Deputy Speaker of the House of Representatives in the 43rd Parliament. While the coalition recognises the fine service that the member for Fisher has given to the parliament since his election, we support the member for Maranoa in this nomination as Deputy Speaker of the 43rd Parliament. The member for Maranoa joined the parliament in 1990, has served over those 20 years as a shadow minister, as a Minister for Veterans’ Affairs—indeed, he was a very accomplished and very successful Minister for Veterans’ Affairs, much loved by the veteran community—and has achieved many notable acts on their behalf during the period of the Howard government. He has served over those 20 years as Chairman of Committees and as Deputy Chairman of Committees. He has also been a member of the Speaker’s panel for many of the years of the last decade and, of course, was the Second Deputy Speaker in the 42nd Parliament. He represents a very wide and diverse electorate in south-western Queensland where he has served those constituents very well over those 20 years. He is a fine advocate of rural and regional issues in both the National Party and in the coalition. He is a member of the coalition and supports it very strongly. He strongly supported the merger in Queensland so that the conservatives and Liberals in Queensland could speak with one voice at the state and federal levels. If he were to be elected Deputy Speaker, he would certainly improve the parliament under the new arrangements—as he would have under the old arrangements. He is a diligent supporter of parliamentary reform. He cares about the parliament. He understands the parliament. He has the character and integrity necessary to be an independent member in the Speaker’s chair. I would strongly recommend that the member for Maranoa be elected Deputy Speaker today. 27 17:05:00 Hartsuyker, Luke, MP 00AMM Cowper NATS 0 0 Mr HARTSUYKER —It is with great pleasure that I second the motion and the nomination of the member for Maranoa as Deputy Speaker in this parliament. The member for Maranoa is a man of integrity and a person respected by both sides of this chamber. For many decades the member for Maranoa has been a champion for the interests of regional Australia. That commitment extends from prior to 1990 when he was first elected to this House. Before entering the House, Mr Scott was heavily involved in the farming community, holding executive roles in a number of organisations, including merino breeder organisations, and he became an Australian Nuffield Farming Scholar. Since his election to this House, the member for Maranoa has served his constituency and indeed the parliament with distinction. He has served both as a minister and as a shadow minister. From 1996 to 2001 he was the Minister for Veterans’ Affairs, for which he is to this day remembered fondly by the veteran community. Indeed, he is a life member of the Returned and Services League of Australia and also the Royal Australian Air Force Association. Many of the additional entitlements which veterans enjoy today can be attributed to Mr Scott’s empathy with the plight of veterans and their families and his response as a minister to their challenging circumstances. From 2001 until November 2007, the member for Maranoa was the chairman of the Defence Subcommittee of the Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade. In 2002, he visited the Australian defence forces serving under Operation Enduring Freedom in Kuwait, Afghanistan, Kyrgyzstan and Dubai as chairman of the Defence Subcommittee. In 2005, Mr Scott visited the troops in Iraq and, in the same year, he also led a parliamentary delegation to Taipei and the USA. In 2002, Mr Scott spent three months in New York City as a parliamentary adviser to the United Nations General Assembly. He also led a mission to the APEC parliamentary forum in Mexico. Between 2002 and 2007 Mr Scott served as Acting Deputy Speaker. In February 2008, he was elected Second Deputy Speaker of this House for the 42nd Australian Parliament. This experience and the obvious qualities which the member for Maranoa brings to this House make him a natural fit for the role of Deputy Speaker in the new parliament. It is with great pleasure that I second this nomination. 10000 SPEAKER, The The SPEAKER —No further motions have been moved and the time for motions has expired. The question is that the ballot be taken now. Question agreed to. 10000 SPEAKER, The The SPEAKER —In accordance with standing order 14, the bells will be rung and a ballot taken. 83Q Schultz, Alby, MP Mr Schultz —Mr Speaker, on a question of procedure: should the two nominees accept the nomination before we have the ballot? 10000 SPEAKER, The The SPEAKER —I refer the honourable member for Hume and other members to the standing order, but I congratulate the honourable member for Hume for raising a point of order and not thinking that we still can interject on the Speaker. The standing orders are silent on the matter of asking those that have been nominated if they accept the nomination. It is in contrast to the rules for the election of Speaker, where it specifically states that a nominee should accept the nomination. SE4 Bishop, Bronwyn, MP Mrs Bronwyn Bishop —Mr Speaker, on a point of order: as you are now an independent Speaker, I believe that you have the power to rule that those people who have been nominated might, in accordance with ordinary principles, state as to whether or not they accept the nomination. 10000 SPEAKER, The The SPEAKER —I thank the member for Mackellar for her point of order. I already indicated my ruling upon this matter when the member for Hume raised this matter with me. The standing orders are clear on this matter and, in fact, to do with the election of the Deputy Speaker, it allows for members to be nominated in their absence. SE4 Bishop, Bronwyn, MP Mrs Bronwyn Bishop interjecting— 10000 SPEAKER, The The SPEAKER —The member for Mackellar will withdraw the comment. SE4 Bishop, Bronwyn, MP Mrs Bronwyn Bishop —I withdraw the comment. The bells having been rung and a ballot having been taken— 17:25:09 10000 SPEAKER, The The SPEAKER —Order! The result of the ballot is: Mr Slipper, 78 votes; Mr Scott, 71 votes. Mr Slipper is elected Deputy Speaker and Mr Scott shall be Second Deputy Speaker. 28 17:25:00 Gillard, Julia, MP 83L Lalor ALP Prime Minister 1 0 Ms GILLARD —On behalf of the government, I offer our congratulations to both the member for Fisher, Mr Slipper, and the member for Maranoa, Mr Scott, on their election as Deputy Speaker and Second Deputy Speaker. Mr Speaker, as I said in my congratulatory remarks to you, it is the intention of the government on all occasions to honour the spirit of the parliamentary reform agreement. That agreement was predicated on a discussion about the role of the Speaker and the Deputy Speaker and how that could work. One of the elements of that agreement was that if the Speaker was from a political party then the Deputy Speaker should be from a different political party, and I am pleased to see that that result has been achieved. I will not repeat the kind words of the member for Banks and the member for Werriwa about the member for Fisher, but I will add that he is obviously a person with the attributes and capabilities to do the job of Deputy Speaker. I have been in the chamber when he has been in the chair and presiding over this parliament. I recall on one occasion in quite a difficult debate which got a bit willing that he was able to keep the chamber under control and to keep the business of the day moving. My congratulations go to our new Deputy Speaker and I am sure he will do a very able job. The member for Maranoa is a very well-liked member of this parliament and he is known as someone who strives to do the best for his constituency on all occasions. As a member of the executive, particularly as Minister for Education, I had a number of very productive discussions with him on the question of how we can best serve the needs of children in schools right around the country, including children who get their education through distance education. I think he is known in this place as a man of integrity and as a gentle man. Maybe he will have to be a little less gentle in the chair in this parliament, but as a government we offer our congratulations to him for being elected Second Deputy Speaker. 28 17:27:00 Abbott, Tony, MP EZ5 Warringah LP Leader of the Opposition 0 0 Mr ABBOTT —I rise, like the Prime Minister, to congratulate the members for Fisher and Maranoa on their election as Deputy Speaker and Second Deputy Speaker. This is obviously going to be an unusual parliament and it is unprecedented for the opposition to provide both the Deputy Speaker and the Second Deputy Speaker. It is a sign of just what an unusual parliament this is—and hopefully, in some respects, a better parliament—that we have emerged from today’s proceedings with yourself, Mr Speaker, a member of the government party, as the Speaker, and the members for Fisher and Maranoa, members of the opposition parties, as Deputy Speaker and Second Deputy Speaker. I think it will help develop a better tone of debate in this place to have such a speakership team. To have as the Speaker a person who, although a member of the Labor Party, has such a fine reputation in this place is undoubtedly a good thing, and I think to have members of the opposition parties as your principal assistants in the chair will develop a new speakership tradition in this parliament—a speakership which is not beholden to the executive, which genuinely serves the interests of this parliament and which genuinely champions the interests of the members of this parliament for the betterment of the people of Australia. I think that the speakership team that the parliament has settled on this afternoon is fitting, given the unprecedented circumstances in which we find ourselves. The coalition strongly support parliamentary reform. It did not take a hung parliament to bring out our support for parliamentary reform; before the election we supported parliamentary reform. When the Prime Minister was saying that parliamentary reform was of no interest to the public, this side of the chamber supported parliamentary reform. In a sense, we are the authors and parents of genuine parliamentary reform in this parliament. But the one element of the parliamentary reform agreement that we do not accept is the pairing of the Speaker. Proper consideration of that particular proposal revealed it to be constitutionally unsound. The pairing of the Speaker turned out to be something that could not be enforced. I have to say that the great affairs of state of this country are too important to be determined on the basis of an informal arrangement. This coalition and this opposition do not support the pairing of the Speaker. We do not support all the arrangements designed to bring about the pairing of the Speaker. Under the Constitution, as you are aware, Mr Speaker, the only vote that the Speaker can exercise is a casting vote. Under the Constitution, no member of this parliament can be prevented from exercising a deliberative vote. That is the constitutional position and that is the position which this opposition and this coalition strongly support. No member of this parliament except you, Mr Speaker, can be prevented by any contrivance or arrangement from exercising a deliberative vote in this place. When rumours swept this parliament late last night that the member for Fisher was likely to accept the ALP’s nomination for the deputy speakership, the member for Fisher did a very courageous thing: he issued a public statement that said that while he was interested in the deputy speakership—and who would not be interested in serving the parliament in some senior capacity—he would never accept the nomination on any basis that involved the guarantee of supply or confidence in the government, and he would never accept the nomination on any understanding that he would not exercise a deliberative vote in the interests of his electors and in the interests of the party which he has served for so long. I congratulate the nominator and the seconder of the member for Fisher for nominating him for this high office on that basis—that he will vote as a normal member of this parliament in the normal proceedings of this parliament—and I congratulate the member for Fisher on accepting high office on that basis. I congratulate him, as do all members of the coalition. I now turn to the member for Maranoa. I join the Prime Minister in her gracious words of tribute to the member for Maranoa. The member for Maranoa served as the Second Deputy Speaker in the last parliament, and he served in that position with great distinction. He is an extremely well-liked member of this parliament. I know that the member for Maranoa and the member for Fisher will serve as a fine complement to the member for Scullin in the chair. I believe that the parliament will be well served by the team which will occupy the chair in this chamber. I again congratulate you, Mr Speaker, on returning to the high office which you occupied in the last parliament. I congratulate the member for Fisher, who has been a friend of mine for a very long time who has served this parliament in many capacities with distinction, and I congratulate the member for Maranoa on returning to the job which he filled with such distinction in the last parliament. 30 17:35:00 Truss, Warren, MP GT4 Wide Bay NATS Leader of the Nationals 0 0 Mr TRUSS —I also want to congratulate Mr Slipper and Mr Scott on their election to the Deputy Speaker positions. Mr Slipper, the member for Fisher, was previously on the Speaker’s panel and therefore has experience in managing this House. I am sure that that experience will be a valuable asset to him in his new role. Mr Scott also was on the Speaker’s panel. He has been active in the chair for a long period of time and is the retiring Second Deputy Speaker. He has prepared a number of papers on parliamentary reform, so I am sure he will be very interested in progress and development on the standing orders, and the way in which they can be better used and managed to achieve a fairer and more balanced parliament. I congratulate them on their election. We are told there is a new paradigm, but the government’s nominee has been elected to the Deputy Speaker position—something I think has happened in every parliament since 1901. So, in fact, there is no change; the government’s nominee is the Deputy Speaker. The Second Deputy Speaker is the man who was elected to that office in the last parliament, so he continues in that role. Therefore, the differences that some people are seeking to highlight and champion may not be quite so apparent. Both the member for Fisher and the member for Maranoa are neighbours of mine electorally, so I have got to know them quite well over the years. Indeed, Mr Scott and I came into parliament on the same day and sat together in this place for some time. I have a very high regard for his integrity, his ability, his diligence and his determination, and as a colleague and a fellow National particularly I congratulate him on being re-elected to and continuing in the position of Second Deputy Speaker. We wish the new team in the chair every success, and the opposition will do what it can to help make sure that the new parliament works as smoothly and as constructively as possible. 30 17:37:00 Albanese, Anthony, MP R36 Grayndler ALP Leader of the House 1 0 Mr ALBANESE —I rise to join with the Prime Minister, the Leader of the Opposition and the Leader of the National Party in congratulating the member for Fisher on his election as Deputy Speaker and the member for Maranoa on his election as Second Deputy Speaker. I of course know both these gentlemen as local members. I have particularly enjoyed travelling to the electorate of the member for Maranoa. Both of them have served the parliament well in the capacity of chair of the parliament. Indeed, during the last session the member for Fisher showed his ability to act as an independent Speaker when the opposition moved dissent to his ruling—an unusual circumstance, indeed, but one that I remembered at an appropriate time. The member for Maranoa has also served in the chair, both in this chamber and in the second chamber, and will of course be an outstanding representative. Together with you, Mr Speaker, they make a very good team indeed. The Leader of the Opposition referred to parliamentary reform. I am a supporter of parliamentary reform and I believe that the agreement entered into freely by the Labor Party, the coalition and the Independents should have been adhered to. There is no constitutional impediment whatsoever to the pairing of the Speaker, and when this issue was raised the coalition said that they would abide by the advice of the Solicitor-General. I table the advice of the Solicitor-General, who happens to have the same view that the former Solicitor-General had under the Howard government, which is that pairing is by its nature not recognised in standing orders. It is an informal arrangement based upon a moral and political obligation. That is what Stephen Gageler recommended in his advice and that is certainly the case. Tomorrow we will be moving to the debate on the package of reform measures as predicated by the better parliament document. I think there is very broad agreement across the board for that document. There may well be one or two items that are raised by members in the form of amendments but there is agreement moving forward. One thing that people might note is that no pairing arrangements are recognised in the standing orders now, nor will they be recognised tomorrow. They are a matter of honour within the parliament. The parliament has to function on a range of conventions, not just on the standing orders, and that is very much recognised by the House of Representatives Practice. The Leader of the Opposition referred to the statement put out last night by the member for Fisher. Unlike the statement by the member for Fairfax, this one actually came from the member for Fisher and the member for Fisher has not repudiated the statement put out by the Leader of the Opposition’s office. Can I report to the House that indeed that is the position of the member for Fisher. There have been no undertakings given to anyone in this chamber, that I am aware of, other than that he will fulfil the responsibilities of Deputy Speaker in accordance with the obligations that such high office holds. I have no doubt that he will do that, as I have no doubt that the member for Maranoa will fulfil his obligations as well in terms of the obligations that you fulfilled, Mr Speaker, consistent with the parliamentary reform document, in your indication earlier today that you have withdrawn from Labor Party caucus processes. It was envisaged in the document on parliamentary reform that both the Speaker and the Deputy Speaker would come from different political parties and that both of them would withdraw from caucus activities in their party room. I congratulate the member for Fisher and I congratulate the member for Maranoa. I look forward to being a part of the implementation of parliamentary reform in this 43rd parliament. 31 17:42:00 Pyne, Chris, MP 9V5 Sturt LP 0 0 Mr PYNE —This has been a red-letter day for the parliament. The Speaker, from the Labor Party, has been elected at the urging and support of the opposition. It took, I think, two weeks for the Labor Party to support the current Speaker; the opposition supported him from the first moment that the election was over. And the Deputy Speaker has been elected at the nomination of the Labor Party, even though the Deputy Speaker is from our side of the House. So it is a red-letter day. The former Deputy Speaker, the member for Chisholm, has not been elected by anyone. I pass on my condolences to the member for Chisholm, Anna Burke, who was a very good Deputy Speaker in the previous parliament and seems to have fallen between all the cracks. I pay tribute to the role she played in the 42nd Parliament as the Deputy Speaker. I am sorry for her that her own party saw fit, instead of supporting her for Deputy Speaker, to support a member of the coalition. We on the coalition side are delighted that in the 43rd Parliament we have ended with both the Deputy Speaker and the Second Deputy Speaker positions, another mark for a red-letter day. In the 43rd Parliament the coalition holds both the deputy speakership and the second deputy speakership and has also maintained the constitutional validity of the standing orders by making sure that a deliberative vote has not been taken away through a contrivance or artifice proposed by the Labor Party. I note the Leader of the House has tabled the Solicitor-General’s opinion and I seek leave to table the shadow Attorney-General’s opinion. I seek leave to table the critique of the Solicitor-General’s opinion as well, which I am sure he will be happy to accept. 10000 SPEAKER, The The SPEAKER —Is leave granted? R36 Albanese, Anthony, MP Mr Albanese —Leave is indeed granted for Brandis on Brandis, Mr Speaker. 9V5 Pyne, Chris, MP Mr PYNE —So it should be. The opinion provided to the coalition by the shadow Attorney-General makes it quite clear that entering into a contrivance or an artifice to deny a deliberative vote would have been open to challenge in the High Court. But that will not be the case because the coalition did not go down that constitutionally unsound route. The Solicitor-General did indeed cast an opinion of his own and the shadow Attorney-General, George Brandis SC, provided an excellent critique which showed that the spin that the government put on the Solicitor-General’s opinion was not in fact what the Solicitor-General had proposed at all. So, in congratulating the new Deputy Speaker and the Second Deputy Speaker, can I say that we will work constructively to make the parliament work—of course we will. On behalf of the 5½ million people who voted for the coalition, we will also be holding the government to account. That is the job that we have been elected to do. The independents decided to support the Labor Party and in doing so cast what I regard as a bad government that is getting worse back into office. We as an opposition will do our job, one that the independents have cast us into, by holding the government to account and the Deputy Speaker and the Second Deputy Speaker, both being loyal members of the coalition and in fact of the Liberal and National parties, will help us to do so, maintaining their deliberative votes and ensuring that this very bad government is held to account. 32 17:47:00 Slipper, Peter, MP 0V5 Fisher LP 0 0 Mr SLIPPER —At the outset I would like to thank the honourable members for Banks and Fowler and also the Prime Minister, the Leader of the Opposition, the Leader of the Nationals, the Leader of the House and the Manager of Opposition Business for their kind words. I would also like to thank honourable members for their support and I would like to congratulate you, Mr Speaker, on your unopposed election this morning. The Leader of the Opposition quite accurately pointed out that I have not given any commitments with respect to my role as Deputy Speaker. Following some misleading reports, I drafted a media release yesterday. In fact, I had the Leader of the Opposition at the other end of the phone taking down my words and I joked that I was possibly the only member of parliament to have the Leader of the Opposition as his press secretary—and a very good press secretary you are, Leader, as well. In my media release I did say that I would be happy to serve the parliament as Deputy Speaker but certainly not on the basis of pairing my vote or guaranteeing confidence and supply to the government. I pointed out that reports that I had done a deal with the Labor Party to this effect were absolutely incorrect, and of course that has been confirmed by the Leader of the House. Let me also say that when I was first elected to the Australian parliament Dr Harry Jenkins was the Speaker. I was a very junior member of the House at that time and I used to sit as a member of the then National Party over in what was called cockies corner. The speakers gallery used to be right in the corner and the current Mr Speaker’s mother, Mrs Jenkins, used to sit there and watch the excellent performance as Speaker of Dr Harry Jenkins. In those days I was fairly sort of loud and I participated in debate in a very robust way and I was forever being, shall we say, lectured by the Speaker and being told to be silent and not to interject. I often really wondered how on earth he knew that it was I, because there was a lot of people very vigorously participating in interjections. It was only a couple of years ago, when I was having a private conversation, that the current Mr Speaker told me that his father was somewhat deaf and that what used to happen was that Mrs Jenkins used to point in my direction as the culprit and I then received gentle advice and discipline from Mr Speaker Jenkins Sr. Let me also say how pleased I am that my wife Ingé and my children, Nicholas and Alexandra, are here in the gallery today. I am very supportive of the concept of parliamentary reform. I am very passionate about the institution of parliament and I am certainly looking forward to working with you, Mr Speaker, and also with my very good friend and colleague the member for Maranoa as Second Deputy Speaker. I think we will work well together as a team. I feel enormously humble over the support for my election as Deputy Speaker. I certainly pledge to the parliament that I will give this onerous task in the 43rd Parliament my utmost. I will certainly do the best that I can to fulfil the expectations of the parliament and the confidence that the parliament has expressed in me today. I thank the House. 33 17:50:00 Scott, Bruce, MP YT4 Maranoa NATS 0 0 Mr BRUCE SCOTT —I also thank the House. Firstly, I congratulate you, Mr Speaker, on your re-election albeit you looked rather unwilling as you were dragged to the chair this morning! I worked with you in the last parliament as the Second Deputy Speaker and I certainly look forward to working with you in this parliament as the Second Deputy Speaker. I thank also the member for Sturt and the member for Cowper for their very kind words. I think I should put them on my campaign team for the next election because sometimes you need someone who can find some very good things to say about you as the member as you go to your constituency for re-election, so I do thank the member for Sturt and the member for Cowper for their very kind words. To the Prime Minister, the Leader of the Opposition and the Leader of the Nationals I thank you for your very kind words. There is a generous nature expressed at these times. It is on occasions like this that we really see the best of this parliament, because there are days when, I think, we all feel rather ashamed of what is being presented to the general public. So I thank each and every one of you for your very kind words. I thank the member for Fisher for his comments in relation to working together. It is important in this parliament and as you outlined in your remarks, Mr Speaker, this is a unique parliament. I think each and every one of us is very privileged to be a part of what is a very unique parliament. The ethnic and religious mix of people coming from many walks of life that makes up this parliament shows that it really is now the House of Representatives of the people of Australia. I say to the member for Chisholm that in the last parliament I worked very, very well with you. You and I had a great working relationship. I appreciated the staff that you had organising the daily routines. It is an arduous job and you did it very, very well. I thank you for the way we worked together in the last parliament. I am sure you will find things to do in this forthcoming parliament, and I do commiserate with you for not being nominated by your own side for a position in the Deputy Speaker’s role. It is a great privilege to be returned from the seat of Maranoa to the federal parliament. It may be of interest to the member for Fisher to know that Sir Charles Adermann was, in fact, the member for Maranoa prior to becoming the member for Fisher. He was not Deputy Speaker while he was the member for Maranoa but he did become the Deputy Speaker when he became the member for Fisher. He, as a member of the Country Party at that time, gave a great service to this parliament. I am sure we will be able to work as neighbours together for the betterment of this parliament. I want to say one other thing, because it is a great honour for me today to have the treasurer of the federal divisional council, Mrs Ann Gibbes from Roma, with me here today. Every member needs a good treasurer just like a parliament and a government need a good treasurer. Mrs Gibbes’s uncle, Mr Campbell, was, in fact, one of the founders of the Country Party. Ann, it is great to have you here today. You are a great treasurer and you also have the history and family background with your uncle, Mr Alan Campbell, who is one of the founders of the Country Party, which became the National Party and which now in Queensland has joined with the Liberal Party to become the Liberal National Party. It is wonderful to have you here and it is a great honour not only to serve the people of Maranoa but to serve in this parliament as the Second Deputy Speaker. I look forward to working with everyone as we bring forward some of these reforms to make sure that they can work in the best interests of all Australians and I thank the House. 34 17:54:00 SPEAKER, The 10000 PO N/A 1 0 The SPEAKER —Order! Without wishing to overly delay the House, I join with others in congratulating the members for Fisher and Maranoa. I congratulate the member for Fisher on his election to the position of Deputy Speaker. Today my mother, Wendy, witnessed the revelation of a private conversation between myself and the member for Fisher. Comments made from time to time about the family tradition of my family say that my mother was very much a guiding light in the way in which my development within the Australian Labor Party occurred. She was a member of the Victorian central executive in 1970, which was dismissed by federal intervention, that enabled the rebuilding federally of the Australian Labor Party that led to the election of the Whitlam government. So the fact that she would use the advantage she had sitting behind the member for Fisher to ensure that he was dobbed in is not surprising. I look forward to working with him in the opportunities that are presented to us in this new parliament. To the member for Maranoa, congratulations on your re-election. It was a pleasure in the last parliament to work with you. As others have said, you have applied your mind to the issues of parliamentary reform and I think that you look forward to the opportunities that do exist. I join with the member from Maranoa in making comments about the member for Chisholm. I could not have had a more loyal and hardworking deputy in the 42nd parliament. It is a regret that the circumstances we find ourselves in means that there are decisions made that are, from time to time, not in the interests of the individual. I know that the member for Chisholm will continue to make a very great contribution to this House throughout the 43rd parliament, and I wish her all the best and thank her sincerely for her support. 35 Condolences 35 35 17:57:00 Gillard, Julia, MP 83L Lalor ALP Prime Minister 1 0 Ms GILLARD —I move: That the House record its deep regret at the deaths of Private Nathan Bewes, Trooper Jason Brown, Private Tomas Dale, Private Grant Kirby and Lance Corporal Jared MacKinney while on combat operations in Afghanistan and places on record its appreciation of their service to our country and tenders its profound sympathy to their families and friends in their bereavement. On behalf of the whole House I extend heartfelt sympathy to Private Nathan Bewes’s parents Gary and Kay, his sister Stephanie, and his partner Alice Walsh; to Trooper Jason Brown’s parents Graham and Ann and his sister Stephanie; to Private Tomas Dale’s parents Karen and David and his brothers Samuel and Joe; to Private Grant Kirby’s parents Jo-anne, Gary and Dianne, his sister Lauren, his brothers Luke and Shaun, his former partner Edwina and his two daughters Isabella and Madeleine; and to Lance Corporal Jared MacKinney’s wife Beckie, his daughter Annabell and his son Noah, his parents Terry, Jane and Ian and his siblings Caleb, Jordan, Meg and Charlotte. I also want to express my deepest sympathy to the extended family and friends of these five brave men, including the members of their respective units, whose service in Afghanistan has been so distinguished. Our thoughts are with them as they come to terms with the loss of their mates. As all members know, these five fine men have already been brought home and laid to rest, but it is important that we the people’s representatives remember their sacrifice here in the heart of our nation’s democracy. We must always be grateful, because a nation that allows itself to forget is not worthy of the legacy they have left to us. But we will not forget. We will remember these five men who came from different suburbs and towns, attended different schools and held different beliefs but who came together in the fellowship of our Defence Force, united by a single ideal: to serve our nation in the noble profession of arms. They did so willingly, because every member of the Australian Defence Force is a volunteer. They deliberately chose a life of hardship and danger, and there can be no greater sacrifice than that which is freely made for others. I know that not every Australian, or indeed every member of this parliament, accepts the wisdom of our presence in Afghanistan. That is why we will have an open and intelligent debate on the subject, worthy of a free and sovereign parliament. In that debate the government will steadfastly defend its policy that Afghanistan is a necessary engagement directly linked to Australia’s security needs. We will restate our position that no Australian soldier will stay in Afghanistan a day longer than is necessary to do the job. That is, of course, a debate for another time. Today we honour the courage of these men and their 16 colleagues who made the supreme sacrifice before them. We reaffirm that every soldier who serves at the behest of an elected government goes with the guarantee that they will be sustained in the field and also when they return. That is especially so for those who are wounded or traumatised—to them we owe unstinting support. We owe also a special duty to the bereaved, because the five men we honour today have all left parents, siblings and friends, along with two widows and four fatherless children who will be embraced by a lifetime of care and support. Above all, we owe a debt of honour to those who gave their best years and the full measure of their future hopes for our sake. Grant Kirby was 35; Jason Brown and Jared MacKinney were 29 and 28; Nathan Bewes, 23; and Tomas Dale, 21. Soon their names will be inscribed at the Australian War Memorial, joining them forever to the ranks of the Anzac legend, where they belong. Over the century to come I am certain that no year will pass without a comrade or loved one coming to Canberra and placing a poppy next to their names on the Roll of Honour, because the truth is that, as Australians, we do not forget. We remember our own. We remember their courage and their sacrifice and their very clear sense that in this world there are things worth fighting for and things worth dying for. A country that can count such men amongst its people is a very fortunate nation indeed. Today we recall these fine men as they were a few short weeks ago: fit and strong, highly trained, much loved by their families and so very proud of serving in the Anzac tradition. They left as soldiers and we welcomed them back as heroes: home for good, at peace forever and remembered always. I commend the motion to the House. Honourable members—Hear, hear! 36 18:04:00 Abbott, Tony, MP EZ5 Warringah LP Leader of the Opposition 0 0 Mr ABBOTT —Since this parliament last met Australia has lost five fine soldiers. I join with the Prime Minister in mourning the loss of Private Nathan Bewes, Trooper Jason Brown, Private Tomas Dale, Private Grant Kirby and Lance Corporal Jared MacKinney—all fine soldiers, all serving their country and all now lost in the war in Afghanistan. They were professional soldiers. They were dedicated to the Army, they lived for the Army and they died for their country. We mourn their deaths and we support the mission on which they were embarked. I join with the Prime Minister in stating and restating the support of the coalition for the cause for which they were fighting. Like the Prime Minister I remind the House that there is no such thing as a risk-free conflict. There is no such thing as risk-free combat. A serious country with serious armed forces has to be prepared to take casualties if the cause is just, and this is a just cause. Helping to build a more stable society in Afghanistan is a good cause; helping to train the Afghan National Army is a good cause; helping to build decent civil institutions is a good cause; helping to promote ordinary human decencies in a troubled country is a good cause; and trying to deny Afghanistan as a base to those who would do us harm in Australia is undeniably in Australia’s national interest and is fully supported by the coalition which I lead. Our armed forces in Afghanistan have a hard job and a dangerous job, and let’s not kid ourselves: it may well be a long job. As the Prime Minister said, they will not stay longer than is necessary but we should not pretend that it may not be a long and difficult task. As the Prime Minister said, we have lost five fine men but we best honour their memory by staying the course on which they were embarked. We mourn with their families. We mourn their passing but we celebrate their lives and we celebrate their cause. 37 18:07:00 Smith, Stephen, MP 5V5 Perth ALP Minister for Defence 1 0 Mr STEPHEN SMITH —It is a sad honour to speak on this condolence motion. It is an honour as Minister for Defence to commend the service of five brave young Australians serving in Afghanistan but it is a sad one as we are tragically reminded that these men are sons, brothers, husbands and fathers. They were also the great mates of men and women in the Australian Defence Force, in particular those who were in Afghanistan facing the same risks as these five Australians. I met with some of them last week while visiting Australian personnel working as part of the International Security Assistance Force—ISAF—in Oruzgan province in Afghanistan. In Afghanistan last week, I was particularly pleased to again hear that Australian personnel are highly valued and respected for their effectiveness and their conduct, including their interaction at the local community level as they continue to work not just in Australia’s national interest but in the international community’s interest as they seek to stare down on our behalf international terrorism. The families of Private Nathan Bewes, Trooper Jason Brown, Private Tomas Dale, Private Grant Kirby and Lance Corporal Jared MacKinney can be proud in knowing that their boys were highly regarded colleagues and very effective soldiers. This condolence motion will remind them of their great and tragic loss but it is also an opportunity for this parliament and our nation to commemorate their service to our country. While their families will remember these men for more and very personal reasons, we will remember them as brave young Australians who served our country and served it well. Mr Speaker, I make some remarks about the five. On 9 July 2010 Private Nathan Bewes was tragically killed by an improvised explosive device while part of a dismounted patrol in the Chora Valley region in Oruzgan province in Afghanistan. He was 23 years old. Born in Kogarah, New South Wales, in 1986, Private Bewes joined the Army in 2005. He was qualified in direct fire support weapons, combat first aid and as a driver of the protected mobility vehicle. Private Bewes completed a deployment to East Timor in 2006 and was on his second deployment with the First Mentoring Task Force in Afghanistan at the time of his death. His father stated: The army was his life-long passion. It was all he wanted to do. On 13 August 2010, Trooper Jason Brown died as a result of multiple gunshot wounds sustained during an engagement with Taliban insurgents in the Kandahar province of Afghanistan. He was 29 years old. Born in Sydney, Trooper Brown joined the Army in 2000. Trooper Brown completed deployments in East Timor in 2001, 2003 and 2006. He was deployed in June of this year for the first time to Afghanistan as a member of the Special Operations Task Group. Trooper Brown was an outstanding career soldier. His father stated that he was ‘born to be a soldier.’ Private Thomas Dale was serving in the First Mentoring Task Force when he was killed in action as a result of the explosion of an improvised explosive device on Friday, 20 August this year. He was 21 years old. Private Dale was born in Lancashire in the United Kingdom in 1989. He immigrated to Australia with his family in 2003 and lived in Adelaide. He joined the Army in 2007. After successfully completing his recruit and infantry basic training, he was posted to the 6th Battalion, the Royal Australian Regiment. This was Private Dale’s first operational deployment. Private Dale was an outstanding soldier. His family stated: Tomas loved the Army and it was all he wanted to do from an early age. He knew the risks from going overseas but he was willing to take that risk for the cause he believed in. Private Grant Kirby was serving with the First Mentoring Task Force when he was tragically killed in action as a result of the explosion of an improvised explosive device on Friday, 20 August of this year. He was 35 years old. Private Kirby was born in Nambour, Queensland, in 1975. He joined the Army in 2006. This was Private Kirby’s first deployment to Afghanistan. It was, however, his second deployment to the Middle East. He had previously deployed to Iraq and also to East Timor. Private Kirby was an outstanding career soldier. His father said that his son always had been keen to be in the Army—and I quote his father: In fact after suffering shin splints in his first attempt to join, he stuck with it and successfully tried again. Lance Corporal Jared MacKinney. On 24 August this year, Lance Corporal Jared MacKinney was tragically killed. He was conducting a dismounted patrol in the Tangi Valley area of Deh Rawud when fired on by a number of insurgents. He was aged 28. Lance Corporal MacKinney was born in Canberra in 1982. He joined the Army in 2002 and, in the same year, successfully completed his recruit training. He was qualified as a commander and driver of the protected mobility vehicle, an Assault Pioneer and a sniper. This was his third deployment to the Middle East and his second to Afghanistan. His mother said: He was patriotic. He was a dedicated soldier who was realistic about the risks. These five men had much in common. They were all men of honour. They all served their nation with distinction and courage. They were all cherished by those they loved. And they will always have the gratitude of this parliament and our nation. 38 18:13:00 Robert, Stuart, MP HWT Fadden LP 0 0 Mr ROBERT —I join with the Prime Minister, the Leader of the Opposition and the Minister for Defence in offering my heartfelt condolences to the families of five warriors slain on the battlefield—Private Bewes, Trooper Brown. Private Dale, Private Kirby and Lance Corporal MacKinney. They leave behind four wives and partners, four children and numerous siblings and parents. These men were doing what their nation asked of them, and it is therefore entirely appropriate that we all take measure of their sacrifice here today. It was not so long ago that, under similar joyless circumstances, this House recounted the lives and tragic deaths of private Timothy Aplin, Private Benjamin Chuck and Private Scott Travers Palmer. Not long before that we remembered the lives of Sapper Jacob Moerland and Sapper Darren Smith, two sappers who the member for Paterson and I met personally in Afghanistan in April as they showed us their gear and spoke of their responsibilities, all whilst the sun shone down on the Australian flag they wore proudly on their shoulders. Today as we gather in this place we again pause to remember those who have given their lives freely for their country—four infantrymen from the 6th Battalion of the Royal Australian Regiment and one trooper from the Special Air Service Regiment—five Australians, fallen warriors who have paid the ultimate price so our world can dare to dream of a life free from terrorism and Afghans can dare to dream of a life like ours. George Orwell once said that we sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm. The sacrifice of these men is not in vain. They are a beacon of inspiration to others to provide a better future for the people of Afghanistan. They stand tall as men who believed that all people, wherever they may live, should have the opportunity to live in a world free from violence, intimidation and repression. Though it can only ever be a small comfort, these men died doing what they loved, serving their country in uniform beside their mates, asking no quarter and giving none, believing in the rightness of their cause. They were five highly professional, skilled and dedicated soldiers. They knew the great dangers; they accepted the great sacrifices, and they served in the fine traditions of our country, knowing that the only way that evil prospers is if good men and women do nothing. These five warriors will never share a place with those souls that stand by in ambivalence. Their place will be forever one of honour. They were soldiers. If freedom is indeed the sure possession of those alone who have the courage to defend it, then these five stand tall in our nation’s history. The ancient warrior statesman and king Pericles, who founded the Athenian nation 2,500 years ago and led that nation during the first two years of the Peloponnesian War, stated: What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others. Lads, your families will never forget you. Your mates will always honour you and this nation thanks you and salutes you. 39 18:17:00 Windsor, Antony, MP 009LP New England IND 0 0 Mr WINDSOR —On behalf of the cross-benchers I would like to extend the sympathies of the electorates that we represent and join with others in this condolence motion. I think on a day like today when we are celebrating democracy, we can really feel for the families of these five young men who were there defending democracy and representing this nation. I have a saying that I use from time to time which I think may be somewhat appropriate to both occasions. It is that the world is run by those who turn up. We think we turn up—and we do to influence the world around us and to determine policy et cetera—but these young men really turned up for the thing that we represent and what they and our governments have believed is worth fighting and dying for. I do pay my personal respects and the respects of all our constituents to the families of these five young soldiers. 10000 SPEAKER, The The SPEAKER —Order! As a mark of respect I invite honourable members to rise in their places. Honourable members having stood in their places— 10000 SPEAKER, The The SPEAKER —I thank honourable members. Debate (on motion by Mr Albanese) adjourned. 39 Miscellaneous 39 39 Mr ALBANESE (Grayndler —Leader of the House) 00:00:00 —by leave—I move: That the resumption of the debates on the Prime Minister’s motion of condolence in connection with the deaths of Private Nathan Bewes, Trooper Jason Brown, Private Tomas Dale, Private Grant Kirby and Lance Corporal Jared MacKinney, be referred to the Main Committee. Question agreed to. 39 Business 39 Mr ALBANESE (Grayndler —Leader of the House) 00:00:00 —I present a chart showing the programs of sittings for 2010. Copies of the program have been placed on the table. I seek leave to move that the program be agreed to. Leave granted. R36 Albanese, Anthony, MP Mr ALBANESE —I move: That the program of sittings for 2011 be agreed to. Question agreed to. 40 Miscellaneous 40 18:21:00 Smith, Stephen, MP 5V5 Perth ALP Minister for Defence 1 0 Mr STEPHEN SMITH —On indulgence, Mr Speaker: on 14 September this year I received an email from my brother-in-law congratulating me on my appointment as Minister for Defence. The email drew to my attention the possibility that there may be potential for a conflict of interest arising as a result of his employment. He is currently a Unisys employee working in Defence as a defence communications facility manager. Following receipt of this email, I sought advice from the Secretary of the Department of Defence on the implications and on any steps that might be necessary to help ensure that no conflict-of-interest issues arise. The secretary has advised that my brother-in-law manages a small team of Unisys contractors on behalf of Unisys under a contract that runs from October 2009 to October 2014. While the overall Unisys contract is worth some $45 million per annum, I am advised that the relevant component is nearly $8 million per annum. The Secretary of the Department of Defence has also advised that my brother-in-law’s position is not one that is able to affect the way Defence manages the contract and, further, that Defence will ensure that he is not involved in any future contract negotiations. In the circumstances, the secretary has advised that it is unlikely that my brother-in-law’s role creates any direct conflict in respect of my responsibilities. Nevertheless, erring on the side of caution and to help ensure that a perception of conflict of interest does not arise in the future, I have written to the Prime Minister detailing arrangements put in place at the advice of the Secretary of the Department of Defence. These include that Defence and the Defence Materiel Organisation will ensure that my office and I are not involved in any significant procurement or contract related decisions involving Unisys—noting that procurements of low value or sensitivity would not be briefed to ministers in any event—and, in particular, that Defence and the Defence Materiel Organisation will ensure that I am not sent or copied into any submission relating to any such procurement or contract, including submissions for noting. I propose to table a copy of this letter for the information of the House. I will also include reference to this matter in my statement of private interests that I am required to lodge with the Prime Minister and in my statement of registrable interests to the House. I have provided this detail to the shadow minister who represents the shadow minister for defence in this place. I table the letter that I have referred to. 40 18:24:00 Clare, Jason, MP HWL Blaxland ALP Minister for Defence Materiel 1 0 Mr CLARE —On indulgence, Mr Speaker: before being sworn in as the Minister for Defence Materiel, I advised the Minister for Defence that my brother works for a company that indirectly provides products to the Australian Defence Force. 9V5 Pyne, Chris, MP Mr Pyne —I rise on a point of order, Mr Speaker. Just for the clarity of the House in this parliament, on what basis are these matters being declared to be matters of indulgence from the Speaker, when matters of indulgence are usually something like condolence on the death of a soldier and so forth? These matters would be quite properly dealt with by writing to the Clerk or advising the opposition rather than by taking the time of the House. We have received no notice of these indulgences at all. While we are aware of the sensitivity involving the former Minister for Defence— 10000 SPEAKER, The The SPEAKER —The Manager of Opposition Business will resume his seat. 5V5 Smith, Stephen, MP Mr Stephen Smith —Mr Speaker, I would like to speak on the point of order. 10000 SPEAKER, The The SPEAKER —There is no point of order, because there is no point of order to an indulgence. Old paradigm, new paradigm, I indicate to the House that I will allow these two indulgences but they could be the last indulgences we get if there is not cooperation across the chamber about these matters. 9V5 Pyne, Chris, MP Mr Pyne interjecting— 10000 SPEAKER, The The SPEAKER —Yet again, in the 43rd Parliament, the Manager of Opposition Business, who wants to be loved, makes it very hard. If he wants me to give him a little bit of credit for something, he should just sit there quietly. I am just saying that I am happy for these matters, now that we have asked— 5V5 Smith, Stephen, MP Mr Stephen Smith interjecting— 10000 SPEAKER, The The SPEAKER —The Minister for Defence will also learn that he cannot sit there interjecting like that. He has got to understand that this was done by indulgence. It could have quite easily been done by leave and all the 150 members of the House would have been involved. In doing it this way, the indulgence is granted by the chair. I am allowing it but I will not be allowing indulgence if I do not think that there has been cooperation. The Minister for Defence Materiel has the call. HWL Clare, Jason, MP Mr CLARE —Matthew Clare, my brother, is the Queensland sales manager of MPM Marketing, which is a supplier of disposable food service products. MPM Marketing is a preferred supplier of Serco Sodexo, which is contracted to supply the Australian Defence Force. The Minister for Defence has sought advice from the Secretary of the Department of Defence on what controls should be implemented to help ensure no conflict-of-interest issues arise. Dr Ian Watt, the secretary of the department, has advised that MPM Marketing does not hold any contracts with Defence or DMO in its own right and that contracts with Serco Sodexo are primarily managed not by the DMO but by the Defence Support Group. The secretary has therefore advised that it is unlikely that I will be put into a position of conflict with respect to my portfolio responsibilities. Nevertheless, erring on the side of caution and to help ensure no conflict can arise, the secretary has recommended that a number of controls be implemented by the department and within my office. The Minister for Defence and I have written to the Prime Minister detailing these controls. A copy of these letters is tabled for the information of the House. I will also ensure that this information is included in my statement of private interests that I am required to lodge with the Prime Minister and the statement of registrable interests that all members are required to provide to the House Register of Members’ Interests within 28 days of being sworn in as a member. I table those letters. 41 18:30:00 House adjourned at 6.30 pm 41 Notices The following notices were given: HRI Kelly, Mike, MP Dr Mike Kelly to present a bill for an act to amend various acts relating to fisheries, and for related purposes. 5V5 Smith, Stephen, MP Mr Stephen Smith to present a bill for an act to amend the Defence Act 1903, and for related purposes. HV4 Garrett, Peter, MP Mr Garrett to present a bill for an act to amend legislation relating to higher education, and for related purposes. DZU Ellis, Kate, MP Ms Kate Ellis to present a bill for an act to amend the law relating to family assistance, and for related purposes. PG6 Macklin, Jenny, MP Ms Macklin to present a bill for an act to provide for the recognition of carers, and for related purposes. 83K Roxon, Nicola, MP Ms Roxon to present a bill for an act to establish the Australian National Preventive Health Agency, and for related purposes. 83K Roxon, Nicola, MP Ms Roxon to present a bill for an act to amend the National Health Act 1953, and for related purposes. 83K Roxon, Nicola, MP Ms Roxon to present a bill for an act relating to the National Health and Hospitals Network, and for other purposes. HV4 Garrett, Peter, MP Mr Garrett to present a bill for an act to amend the Tradex Scheme Act 1999, and for other purposes. LS4 Ferguson, Martin, MP Mr Martin Ferguson to present a bill for an act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes. HVW Bradbury, David, MP Mr Bradbury to present a bill for an act to amend the law relating to corporations, and for related purposes. HVW Bradbury, David, MP Mr Bradbury to present a bill for an act to amend the law relating to claims against corporations, and for related purposes. DYW Burke, Tony, MP Mr Burke to present a bill for an act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes. DT4 Crean, Simon, MP Mr Crean to present a bill for an act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes. R36 Albanese, Anthony, MP Mr Albanese to move: That standing orders 1, 2, 29, 31, 33, 34, 38, 39, 40, 41, 43, 54, 55, 86, 100, 104, 108, 132, 133, 141, 143, 192, 192b, 215, 222, 229 and 232 be amended, standing orders 41a and 192a be deleted, and new standing order 222a be inserted, as follows: 1 Maximum speaking times (amendments to existing subjects, as follows) Adjournment of the House or Main Committee—to end the sitting Whole debate in House on Monday and Tuesday 1 hr Whole debate in House on Wednesday and Thursday 30 mins Whole debate in Main Committee Not specified Extended debate (if required by Minister to reply etc) 10 mins Each Member—no extension of time can be granted 5 mins Member who has already spoken to the motion may speak again for one period if no other Member rises to speak 5 mins Minister in extension of debate 5 mins (standing orders 31 (House) and 191 (Main Committee)) Bills—Main Appropriation—second reading Mover no limit Leader of Opposition or Member representing no limit Bills—Other Government—second reading Mover 30 mins Leader of Opposition or Member representing 30 mins Minister at conclusion of debate 15 mins Bills—Private Members’ (All)—presentation Presenter 10 mins (standing order 41) Bills—Private Members’ (Government)—second reading Mover 30 mins Prime Minister or Member representing 30 mins Leader of Opposition or Member representing 30 mins Bills—Private Members’ (Non-Government)—second reading Mover 30 mins Prime Minister or Member representing 30 mins Bills—All—second reading Any other Member not specified above 15 mins or lesser time determined by the Selection Committee (standing order 222) Committee and delegation business on Mondays Announcements of inquiries Committee chair or deputy chair as determined by the Selection Committee Reports Each Member 10 mins or lesser time determined by the Selection Committee (standing orders 39, 40, 41A, 192) Matter of public importance Whole discussion 1 hr 30 mins Proposer 15 mins Member next speaking 15 mins Other Members 10 mins each (standing order 46) Members’ statements 90 second statements Whole period on Mondays, Wednesdays and Thursdays 15 mins Each Member (but not a Minister or Parliamentary Secretary) 90 seconds (standing order 43) 3 minute constituency statements Whole period 30 mins Each Member 3 mins (standing order 193) Private Members’ business on Mondays Whole debate As determined by the Selection Committee Each Member (standing orders 41 and 41A) Question Time Each question 45 secs Each answer 4 mins (standing order 97) 2 Definitions Member means any Member of the House of Representatives. Private Member means a Member other than the Speaker or a Minister. Non-aligned Member means a Member who is neither a government Member nor an opposition Member. 29 Set meeting and adjournment times The House shall meet each year in accordance with the program of sittings for that year agreed to by the House, unless otherwise ordered and subject to standing order 30. When the House is sitting it shall meet and adjourn at the following times, subject to standing orders 30, 31 and 32: 1 2 3 4 day meeting commences adjournment proposed House adjourns Monday 10.00 am 9.30 pm 10.30 pm Tuesday 2.00 pm 9.30 pm 10.30 pm Wednesday 9.00 am 7:30 pm 8.00 pm Thursday 9.00 am 4.30 pm 5.00 pm 31 Automatic adjournment of the House At the time set for the adjournment to be proposed in standing order 29, column 3 (set meeting and adjournment times) the Speaker shall propose the question— That the House do now adjourn. This question shall be open to debate and no amendment may be moved. If this question is before the House at the time set for adjournment in standing order 29, column 4 (set meeting and adjournment times) the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting. The following qualifications apply: Division is completed 33 Limit on business after normal time of adjournment The normal time of adjournment is the latest time specified in standing order 29, column 4 (set meeting and adjournment times). No new business may be taken after the normal time of adjournment unless by order of the House before that time. 34 Order of business The order of business to be followed by the House is shown in figure 2. Figure 2. House order of business MONDAY TUESDAY WEDNESDAY THURSDAY Acknowledgement of Country Prayers Acknowledgement of Country Prayers 9.00 am 9.00 am Acknowledgement of Country Prayers 10.00 am Petitions ( to 10.10am ) Committee & delegation business and private Members’ business Divisions and quorums deferred Government Business Government Business 12 noon Government Business 1.45 pm 90 sec statements Acknowledgement of Country Prayers 1.45pm 90 sec statements 1.45 pm 90 sec statements 2.00 pm Question Time 2.00 pm Question Time 2.00 pm Question Time 2.00 pm Question Time approx 3.30 pm Documents, Ministerial statements approx 3.30 pm MPI, Documents, Ministerial statements approx 3.30 pm MPI, Documents, Ministerial statements approx 3.30 pm MPI, Documents, Ministerial statements Government Business approx 5.00 pm Government Business approx 5.00 pm 4.30 pm Adjournment Debate 5.00 pm 6.30 pm Divisions and quorums deferred 6.30–7.30pm 6.30 pm Divisions and quorums deferred 6.30–8.00pm Government Business 7.30 pm Committee & delegation reports and private Members’ business 7.30 pm Adjournment Debate 8.00 pm 8.00 pm 9.30 pm Adjournment Debate 9.30 pm Adjournment Debate 10.30 pm 10.30 pm 38 Acknowledgement of country and prayers On taking the Chair at the beginning of each sitting, the Speaker shall make an acknowledgement of country in the following terms: I acknowledge the Ngunnawal and Ngambri peoples who are the traditional custodians of the Canberra area and pay respect to the elders, past and present, of all Australia’s Indigenous peoples. The Speaker shall then read the following prayers: Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of Thy glory, and the true welfare of the people of Australia. Our Father, which art in Heaven: Hallowed be Thy Name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For Thine is the kingdom, and the power, and the glory, for ever and ever. Amen. 39 Announcements concerning inquiries and presentation of reports The Chair or Deputy Chair of a committee may make a statement to inform the House of matters relating to an inquiry during the periods for committee and delegation reports on Mondays (standing order 34). The Selection Committee shall recommend time limits for such statements. Members may present reports of committees or delegations: as determined by the Selection Committee, during the periods for committee and delegation business on Mondays (standing order 34); or at any time when other business is not before the House. Members may make statements in relation to these reports: during the periods for committee and delegation business on Mondays in the House and Main Committee (standing orders 34 and 192); the Selection Committee shall determine time limits for statements, of not more than 10 minutes for each Member; or at any other time, by leave of the House. The Member presenting a report may move without notice, a specific motion in relation to the report. Debate on the question shall be adjourned to a future day. If, on Mondays, the Speaker presents a report referred to in this standing order, the following steps are deemed to have occurred in respect of the report — a motion to take note of the report, debate on the motion to be adjourned to a later hour and the order of the day to be referred to the Main Committee for further consideration within any parameters determined by the Selection Committee. Unless otherwise ordered, a report presented in accordance with this standing order shall be made a Parliamentary Paper. 40 Resumption of debate on reports After presentation of reports on Mondays proceedings may be resumed on motions in relation to committee and delegation reports moved on an earlier day. For debate in accordance with paragraph (a) the Selection Committee shall determine: the order in which motions are to be considered; time limits for the whole debate; and time limits for each Member speaking, of not more than 10 minutes. During the period provided by standing order 192 proceedings may be resumed in the Main Committee on motions in relation to committee and delegation reports referred that day or on an earlier day. 41 Private Members’ business In the periods set for committee and delegation reports and private Members’ business under standing orders 34 and 192, private Members’ notices and orders of the day shall be considered in the order shown on the Notice Paper. When the time set by standing orders 34 or 192 or determined by the Selection Committee ends, the Speaker shall interrupt proceedings and the matter shall be listed on the Notice Paper for the next sitting. Private Members’ bills—priority The Selection Committee, in making determinations: shall give priority to private Members’ notices of intention to present bills over other notices and orders of the day; and shall set the order in which the bills are to be presented. First reading When each notice is called on by the Clerk, the Member in whose name the notice stands may present the bill, together with an explanatory memorandum (if available), and may speak to the bill for no longer than 10 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting. If, on Mondays, the Speaker presents a bill for which notice has been given by a private Member, the first reading of the bill is deemed to stand referred to the Main Committee. When the bill is called on in the Main Committee by the Clerk, the Member sponsoring the bill may present an explanatory memorandum (if available), and may speak to the bill for no longer than 10 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting. Second reading The Selection Committee may determine times for debate of the second reading. If the motion for the second reading is agreed to by the House, further consideration of the bill shall be accorded priority over other private Members’ business and the Selection Committee may determine times for consideration of the remaining stages. Alternation of notices Subject to paragraph (b)(i), the Selection Committee shall provide for the consideration of private Members’ notices to alternate between those of government and non-government Members. Private Members’ motions If, on Mondays, the Speaker presents a copy of the terms of a motion for which notice has been given by a private Member, the following steps are deemed to have occurred — the motion is deemed to have been moved and debate on the motion adjourned to a later hour and the order of the day referred to the Main Committee for further consideration in accordance with any parameters determined by the Selection Committee. Participation of Speaker and Deputy Speaker The Speaker and Deputy Speaker may participate in Private Members’ business. 41A TO BE DELETED 43 Members’ statements At 1.45 pm on Mondays, Wednesdays and Thursdays, the Speaker shall interrupt business and call on statements by Members. The Speaker may call a Member, but not a Minister (or Parliamentary Secretary*), to make a statement for no longer than 90 seconds. The period allowed for these statements shall extend until 2 pm. * Including Assistant Ministers who are Parliamentary Secretaries 54 Bells at start of meeting of the House At each sitting the bells shall be rung for five minutes before the appointed meeting time, calling Members to the meeting. The Speaker shall take the Chair and, if a quorum of 30 Members is present, commence the meeting as provided by standing order 38 (acknowledgement of country and prayers). If a quorum is not present standing order 57 (count out) shall apply. 55 Lack of quorum When the attention of the Speaker is drawn to the state of the House and the Speaker observes that a quorum is not present, the Speaker shall count the Members present in accordance with standing order 56. On Mondays, if any Member draws the attention of the Speaker to the state of the House between 10 am and 12 noon, the Speaker shall announce that he or she will count the House at 12 noon, if the Member then so desires. On Mondays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 pm and 7.30 pm, the Speaker shall announce that he or she will count the House at 7.30 pm, if the Member then so desires. On Tuesdays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 pm and 8 pm, the Speaker shall announce that he or she will count the House at 8 pm, if the Member then so desires. If a quorum is in fact present when a Member draws attention to the state of the House, the Speaker may name the Member in accordance with standing order 94(b) (sanctions against disorderly conduct). 86 Point of order Subject to standing order 104, a Member may raise a point of order with the Speaker at any time. After the question of order has been stated to the Speaker by the Member rising to the question of order, consideration and decision of every other question shall be suspended until the matter is disposed of by the Speaker giving a ruling thereon. A Member interrupted by a point of order must resume his or her seat. During a division, Members may speak while seated to a point of order arising out of or during the division. 100 Rules for questions The following general rules apply to all questions: Questions must not be debated. A question fully answered must not be asked again. For questions regarding persons: questions must not reflect on or be critical of the character or conduct of a Member, a Senator, the Queen, the Governor-General, a State Governor, or a member of the judiciary: their conduct may only be challenged on a substantive motion; and questions critical of the character or conduct of other persons must be in writing. Questions must not contain: statements of facts or names of persons, unless they can be authenticated and are strictly necessary to make the question intelligible; arguments; inferences; imputations; insults; ironical expressions; or hypothetical matter. Questions must not refer to debates in the current session, or to proceedings of a committee not reported to the House. The duration of each question is limited to 45 seconds. 104 Answers An answer must be directly relevant to the question. A point of order regarding relevance may be taken only once in respect of each answer. The duration of each answer is limited to 4 minutes. 108 Order of notices The Clerk shall enter notices on the Notice Paper in the order in which they are received, and before orders of the day. Standing orders 41 (private Members’ business), 42 (removal of business), 45 (order of government business), 113 (motion not moved) and 222 (Selection Committee) also apply to the order of notices. A notice of motion becomes effective only when it appears on the Notice Paper. 132 New division in case of confusion, error or misadventure If confusion, or error concerning the numbers reported by the tellers, occurs and cannot be corrected, the House shall divide again. If a division has miscarried through misadventure caused by a Member being accidentally absent or some similar incident, any Member may move on the same sitting day, without notice and without the need for a seconder— That the House divide again. If this motion is agreed to the question shall be put again and the result of the subsequent division shall be the decision of the House. 133 Deferred divisions on Mondays and Tuesdays On Mondays, any division called for between the hours of 10 am and 12 noon shall be deferred until 12 noon. On Mondays, any division called for between the hours of 6.30 pm and 7.30 pm shall be deferred until 7.30 pm. On Tuesdays, any division called for between the hours of 6.30 pm and 8 pm shall be deferred until 8 pm. The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate. This standing order does not apply to a division called on a motion moved by a Minister on Mondays and Tuesdays, during the periods specified in this standing order. 141 First reading and explanatory memorandum Subject to standing order 41(d), when a bill is presented to the House, or a Senate bill is first received, the bill shall be read a first time without a question being put. A Member presenting a bill during private Members’ business may speak to the bill, before it is read a first time, for no longer than 10 minutes. For any bill presented by a Minister, except an Appropriation or Supply Bill, the Minister must present a signed explanatory memorandum. The explanatory memorandum must include an explanation of the reasons for the bill. 143 Bill referred to committee After the first reading but before the resumption of debate on the motion for the second reading: a motion may be moved without notice to refer a bill to the Main Committee for further consideration as provided by standing order 183; or a determination may be made by the Selection Committee as provided by standing order 222 to refer a bill to a committee for an advisory report. The determination may specify a date by which the committee is to report to the House. After an advisory report has been presented to the House, the bill may then be referred to the Main Committee under paragraph (a). 192 Main Committee’s order of business The normal order of business of the Main Committee is set out in figure 4. Figure 4. Main Committee order of business MONDAY TUESDAY WEDNESDAY THURSDAY 9.30 am 3 min constituency statements 9.30 am 3 min constituency statements Approx 10.00 am Government business and/or committee and delegation reports Approx 10.00 am Government business and/or committee and delegation reports 10.30 am 3 min constituency statements approx 11.00 am Committee & delegation reports and private Members’ business 12.30 pm Adjournment Debate Approx 1.00 pm Approx 1.00 pm Approx 1.30 pm 4.00 pm Government business 4.00 pm 3 min constituency statements 4.00 pm If required If required Approx 6.30 pm Committee & delegation reports and private Members’ business Approx 7.30 pm 9.00 pm Grievance debate 10.00 pm. 10.00 pm The meeting times of the Main Committee are fixed by the Deputy Speaker and are subject to change. Adjournment debates can occur on days other than Thursdays by agreement between the Whips. 192 a TO BE DELETED 192 b Grievance debate The order of the day for the grievance debate stands referred to the Main Committee and shall be taken as the final item of business each Monday. After the Deputy Speaker proposes the question— That grievances be noted— any Member may address the Main Committee or move any amendment to the question. When debate is interrupted after one hour or if it concludes earlier, the Deputy Speaker shall adjourn the debate on the motion, and the resumption of the debate shall be made an order of the day for the next sitting. 215 General purpose standing committees The following general purpose standing committees shall be appointed: Standing Committee on Aboriginal and Torres Strait Islander Affairs; Standing Committee on Agriculture, Resources, Fisheries and Forestry; Standing Committee on Climate Change, Environment and the Arts; Standing Committee on Economics; Standing Committee on Education and Employment; Standing Committee on Health and Ageing; Standing Committee on Infrastructure and Communications; Standing Committee on Social Policy and Legal Affairs; and Standing Committee on Regional Australia. A committee appointed under paragraph (a) may inquire into and report on any matter referred to it by either the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote or expenditure, other financial matter, report or document. A committee may make any inquiry it wishes to make into annual reports of government departments and authorities and reports of the Auditor-General presented to the House. The following qualifications shall apply to these inquiries: Reports shall stand referred to committees under a schedule presented by the Speaker to record the areas of responsibility of each committee. The Speaker shall determine any question about responsibility for a report or part of a report. The period during which an inquiry into an annual report may be started by a committee shall end on the day the next annual report of the department or authority is presented to the House. If a committee intends to inquire into all or part of a report of the Auditor-General, the committee must notify the Joint Committee of Public Accounts and Audit of its intention, in writing. Each committee appointed under paragraph (a) shall consist of seven members: four government Members and three non-government Members, provided that if a non‑aligned Member is appointed to a committee, such committee shall consist of eight members: four government Members, three non‑government Members, and one non‑aligned Member. Each committee may supplement its membership by up to four members for a particular inquiry, with a maximum of two extra government and two extra opposition or non-aligned Members. Supplementary members shall have the same participatory rights as other members, but may not vote. As an exception to standing order 232 the Chair of the Standing Committee on Regional Australia need not be a government member. 222 Selection Committee A Selection Committee shall be appointed to: arrange the timetable and order of committee and delegation business and private Members’ business for each sitting Monday in accordance with standing orders 39 to 41; recommend items of private Members business to be voted on; select bills that the committee regards as controversial or as requiring further consultation or debate for referral to the relevant standing or joint committee in accordance with standing order 143. One member of the committee is sufficient to select a bill for referral; and subject to standing order 1, set speaking times for second reading debates. The committee shall consist of eleven members: the Speaker, or in the absence of the Speaker the Deputy Speaker, the Chief Government Whip or his or her nominee, the Chief Opposition Whip or his or her nominee, the Third Party Whip or his or her nominee, three government Members, two opposition Members and two non-aligned Members. The Speaker shall be the Chair of the committee. A quorum shall be three members of the committee. For committee and delegation business and private Members’ business, the committee may determine the order of consideration of the matters, and the times allotted for debate on each item and for each Member speaking. In relation to committee and delegation business and private Members’ business the committee must report its determinations to the House in time for its decisions to be published on the Notice Paper of the sitting Thursday before the Monday being considered. In relation to bills the committee must report its determinations as soon as practical in respect of each bill or each group of bills. Reports of the committee under paragraph (d) shall be treated as having been adopted when they are presented. Reports shall be published in Hansard. 222 a House Appropriations and Administration Committee A House Appropriations and Administration Committee shall be appointed to: consider estimates of the funding required for the operation of the Department of the House of Representatives each year; provide to the Speaker for presentation to the House and transmission to the Minister for Finance and Deregulation, the committee’s estimates of amounts for inclusion in appropriation and supply bills for the Department of the House of Representatives; consider proposals for changes to the administration of the Department of the House of Representatives or variations to services provided by the Department; consider and report to the Speaker on any other matters of finance or services as may be referred to it by the Speaker; consider and report to the House on any other matters of finance or services as may be referred to it by the House; make an annual report to the House on its operations; consider the administration and funding of security measures affecting the House and advise the Speaker and the House as appropriate; and consider any proposals for works in the parliamentary precincts that are subject to parliamentary approval and report to the House on them as appropriate. When conferring with the Senate Standing Committee on Appropriations and Staffing, the House Appropriations and Administration Committee may: consider estimates of the funding required for the operation of the Department of Parliamentary Services each year; and provide to the Speaker for presentation to the House and transmission to the Minister for Finance and Deregulation, estimates of amounts for inclusion in appropriation and supply bills for the Department of Parliamentary Services. The committee shall consist of nine members: the Speaker as Chair, four government Members and four non-government/non-aligned Members. A quorum shall be three members of the committee. The committee shall be assisted by the Clerk, Serjeant-at-Arms and officers of the Department of the House of Representatives appropriate to any matters under consideration. 229 Appointment of committee members Members shall be appointed to or discharged from a committee by motion moved on notice. Special arrangements are required for a change in membership when the House is not sitting and is not expected to meet for at least two weeks. The relevant whip must nominate any appointment or discharge of a member of a committee in writing to the Speaker. The change in membership shall take effect from the time the Speaker receives the written nomination. At the next sitting, the Speaker shall report the change to the House and the House shall resolve the membership of the committee. If a committee is considering a bill referred under standing order 143, one or more members of the committee may be replaced by other Members by motion moved on notice. This does not affect the power of a general purpose standing committee to supplement its membership under standing order 215(d). 232 Election of committee Chair and deputy Chair Before the start of business a committee shall elect a member as its Chair. Except as otherwise provided, the Chair shall be a government member. The Chair shall have a casting vote only. A committee shall also elect a deputy Chair who shall act as Chair of the committee whenever the Chair is not present at a meeting. If neither the Chair nor deputy Chair is present at a meeting, the members present shall elect another member to act as Chair at the meeting. R36 Albanese, Anthony, MP Mr Albanese to move: That sessional order 142A be adopted for the remainder of the session, as follows: 142a Questions during second reading debate At the end of each Member’s speech during the second reading debate of a government bill, the Member may be questioned by other Members in relation to his or her speech. The Member is not obliged to take questions, and may indicate this during his or her speech. After each speech, questions and answers may continue for up to five minutes. Each question may take up to 30 seconds and each reply may take up to 2 minutes. This standing order shall not apply to the Minister’s second reading speech and a Minister’s speech closing the debate or to the speech of the main opposition speaker. R36 Albanese, Anthony, MP Mr Albanese to move: That the House adopt the following resolution: Within a period of six months from the presentation in the House of a report by a House or Joint Committee, the Government shall present its response to the recommendations contained in the report to the House. If a period of six months has elapsed from a report being presented and a response has not been presented, the relevant Minister (or Minister representing the Minister) shall: present to the House at the next available opportunity a signed statement stating the reasons for the delay in presentation of the response, and make himself or herself available to appear at the next reasonably available opportunity following a request by the relevant committee to answer its questions on that statement. If a response has not been presented in the required time and an explanatory statement has not been presented and questions on the statement not answered to the satisfaction of the committee, the committee may bring the matter to the attention, if appropriate, of the Auditor-General for assistance in resolving matters referred to in the report or to the Speaker for assistance in resolving the response process. R36 Albanese, Anthony, MP Mr Albanese to move: That, in accordance with section 54 of the Australian Crime Commission Act 2002, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Crime Commission shall be as follows: That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any independent Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee include a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings in any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on the National Crime Authority and the Australian Crime Commission appointed during previous Parliaments. That , in carrying out its duties, the committee or any subcommittee, ensure that the operational methods and results of investigations of law enforcement agencies, as far as possible, be protected from disclosure where that would be against the public interest. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That, in accordance with section 242 of the Australian Securities and Investments Commission Act 2001, matters relating to the powers and proceedings of the Parliamentary Joint Committee on Corporations and Financial Services shall be as follows: That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only, and 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. That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Corporations and Financial Services and Corporations and Securities appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Select Committee on Cyber Safety be appointed to inquire into and report on:                                               the online environment in which Australian children currently engage, including key physical points of access (schools, libraries, internet cafes, homes, mobiles) and stakeholders controlling or able to influence that engagement (governments, parents, teachers, traders, internet service providers, content service providers); the nature, prevalence, implications of and level of risk associated with cyber-safety threats, such as: -   abuse of children online (cyber-bullying, cyber-stalking and sexual grooming); -   exposure to illegal and inappropriate content; -   inappropriate social and health behaviours in an online environment (e.g. technology addiction, online promotion of anorexia, drug usage, underage drinking and smoking); -   identity theft; and -   breaches of privacy; Australian and international responses to current cyber-safety threats (education, filtering, regulation, enforcement) their effectiveness and costs to stakeholders, including business; opportunities for cooperation across Australian stakeholders and with international stakeholders in dealing with cyber-safety issues; examining the need to ensure that the opportunities presented by, and economic benefits of, new technologies are maximised; ways to support schools to change their culture to reduce the incidence and harmful effects of cyber-bullying including by: -   increasing awareness of cyber-safety good practice; -   encouraging schools to work with the broader school community, especially parents, to develop consistent, whole school approaches; and -   analysing best practice approaches to training and professional development programs and resources that are available to enable school staff to effectively respond to cyber-bullying. analysing information on achieving and continuing world’s best practice safeguards; and the merit of establishing an Online Ombudsman to investigate, advocate and act on cyber-safety issues. Such other matters relating to cyber-safety referred by the Minister for Broadband, Communications and the Digital Economy or either House. That the committee consist of 12 members, 4 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips and 1 by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, and 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee have the power to consider and make use of the evidence and records of the former Joint Select Committee on Cyber-Safety appointed during the previous parliament. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time but that it present its final report no later than 30 April 2012. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on Electoral Matters be appointed to inquire into and report on such matters relating to electoral laws and practices and their administration as may be referred to it by either House of the Parliament or a Minister. That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that: any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House. That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of: submissions lodged with the Clerk of the Senate in response to public advertisements placed in accordance with the resolution of the Senate of 26 November 1981 relating to a proposed Joint Select Committee on the Electoral System; and the evidence and records of the Joint Committees on Electoral Reform and Electoral Matters appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on Foreign Affairs, Defence and Trade be appointed to inquire into and report on such matters relating to foreign affairs, defence and trade as may be referred to it by: That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that: any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House. That the committee consist of 34 members, 13 Members of the House of Representatives to be nominated by the Government Whip or Whips, 9 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 5 Senators to be nominated by the Leader of the Government in the Senate, 5 Senators to be nominated by the Leader of the Opposition in the Senate and 2 Senators to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That 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 and 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. That in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 6 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That, in addition to the members appointed pursuant to paragraph (9), the chair and deputy chair of the committee be ex officio members of each subcommittee appointed. That the committee appoint the chair of each subcommittee who shall have a casting vote only, and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Foreign Affairs and Defence and Foreign Affairs, Defence and Trade appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Select Committee on Gambling Reform be appointed to: Inquire into and report on: The Productivity Commission report on gambling, released in June 2010, including a national response to the full set of its recommendations; The design and implementation of a best practice full pre-commitment scheme – that is uniform across all States and Territories and machines—consistent with the recommendations and findings of the Productivity Commission; Legal advice commissioned and received by the Commonwealth by 1 February 2011 regarding the Commonwealth’s constitutional competence and prospects for successfully legislating in this area, including the reasoning supporting the legal advice and financial and other consequences flowing from it; Any gambling-related legislation that has been tabled in either House, either as a first reading or exposure draft; Appropriate terms of reference, to be set by no later than 30 June 2013, of a further Productivity Commission Inquiry to examine the impact of pre-commitment schemes on problem gambling and to determine what further harm minimisation measures may be necessary; Monitoring the impact of reforms to address problem gambling; and Such other matters relating to gambling referred by either House. Make recommendations to the Minister for Families, Housing, Community Services and Indigenous Affairs and the Assistant Treasurer, to inform any position that the Commonwealth will take to the COAG Select Council on Gambling Reform. That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips, and one non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, one Senator to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a non-aligned member as its chair. That the committee elect a 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time but that it present its final report no later than 30 June 2013. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That, in accordance with sections 213 and 214 of the Law Enforcement Integrity Commissioner Act 2006, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity shall be as follows: That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on the Australian Commission for Law Enforcement Integrity appointed during previous Parliaments. That, in carrying out its duties, the committee or any subcommittee ensure that the operational methods and results of investigations of law enforcement agencies, as far as possible, be protected from disclosure where that would be against the public interest. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on the Parliamentary Library be appointed to: consider and report to the President of the Senate and the Speaker of the House of Representatives on any matters relating to the Parliamentary Library referred to it by the President or the Speaker; provide advice to the President and the Speaker on matters relating to the Parliamentary Library; provide advice to the President and the Speaker on an annual resource agreement between the Parliamentary Librarian and the Secretary of the Department of Parliamentary Services; and receive advice and reports, including an annual report, directly from the Parliamentary Librarian on matters relating to the Parliamentary Library. That the Committee consist of 13 members, 4 Members of the House of Representatives nominated by the Government whip or whips, 3 Members of the House of Representatives nominated by the Opposition whip or whips or by any non-aligned Member, 3 Senators nominated by the Leader of the Government in the Senate, 2 Senators nominated by the Leader of the Opposition in the Senate and 1 Senator nominated by minority groups or independent Senators. That every nomination of a member of the committee be notified in writing to the President and the Speaker. That the nomination by the minority groups and independent Senators shall be determined by agreement between them, and, in the absence of agreement duly notified to the President, any question of the representation on the committee shall be determined by the Senate. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee shall elect 2 of its members to be joint chairs, 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the government parties and 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the non-government parties, provided that the joint chairs may not be members of the same House. The joint chair nominated by the government parties shall chair meetings of the committee, and the joint chair nominated by the non-government parties shall take the chair whenever the other joint chair is not present. That each of the joint chairs shall have a deliberative vote only, regardless of who is chairing the meeting. That when votes on a question before the committee are equally divided, the question shall be resolved in the negative. That three members of the committee shall constitute a quorum of the committee, but in a deliberative meeting a quorum shall include 1 member of each House of the government parties and 1 member of either House of the non-government parties. That the committee may appoint subcommittees, consisting of 3 or more of its members, and refer to any such subcommittee any of the matters which the committee is empowered to consider. That the quorum of a subcommittee shall be 2 members. That the committee shall appoint the chair of each subcommittee, who shall have a deliberative vote only, and 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. That 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. That the committee and any subcommittee shall have power to meet in private or public session and to report from time to time. That the President and the Speaker may attend any meeting of the committee or a subcommittee as they see fit, but shall not be members of the committee or subcommittee and may not vote, move any motion or be counted for the purpose of a quorum. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committee on the Parliamentary Library appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on Migration be appointed to inquire into and report on: That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that: any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House. That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 3 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 1 Senator to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Migration Regulations and the Joint Standing Committees on Migration appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on the National Capital and External Territories be appointed to inquire into and report on: matters coming within the terms of section 5 of the Parliament Act 1974 as may be referred to it by: either House of the Parliament; or the Minister responsible for administering the Parliament Act 1974; or the President of the Senate and the Speaker of the House of Representatives; such other matters relating to the parliamentary zone as may be referred to it by the President of the Senate and the Speaker of the House of Representatives; such amendments to the National Capital Plan as are referred to it by a Minister responsible for administering the Australian Capital Territory (Planning and Land Management) Act 1988; such other matters relating to the National Capital as may be referred to it by: either House of the Parliament; or the Minister responsible for administering the Australian Capital Territory (Self-Government) Act 1988; and such matters relating to Australia's territories as may be referred to it by: either House of the Parliament; or the Minister responsible for the administration of the Territory of Cocos (Keeling) Islands; the Territory of Christmas Island; the Coral Sea Islands Territory; the Territory of Ashmore and Cartier Islands; the Australian Antarctic Territory, and the Territory of Heard Island and McDonald Islands, and of Commonwealth responsibilities on Norfolk Island. That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that: any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House. That the committee consist of 12 members, the Deputy Speaker, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, the Deputy President and Chairman of Committees, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That 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, and 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. That, in the event of an equally divided vote, the chair or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee (of whom one is the Deputy President or the Deputy Speaker when matters affecting the parliamentary zone are under consideration) constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine. That the committee appoint the chair of each subcommittee who shall have a casting vote only and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Standing Committees on the National Capital and External Territories, the Joint Committees on the Australian Capital Territory, the Joint Standing Committees on the New Parliament House, the Joint Standing Committee on the Parliamentary Zone and the Joint Committee on the National Capital appointed during previous Parliaments and of the House of Representatives and Senate Standing Committees on Transport, Communications and Infrastructure when sitting as a joint committee on matters relating to the Australian Capital Territory. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. R36 Albanese, Anthony, MP Mr Albanese to move: That a Joint Standing Committee on Treaties be appointed to inquire into and report on: matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament; any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by: either House of the Parliament, or a Minister; and such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe. That the committee consist of 16 members, 6 Members of the House of Representatives to be nominated by the Government Whip or Whips, 3 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 3 Senators to be nominated by the Leader of the Government in the Senate, 3 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time. That the committee elect a Government member as its chair. That the committee elect a non-Government member as its deputy chair to act as chair of the committee at any time when the chair is not present at a meeting of the committee and 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. That in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That the committee have power to appoint not more than 3 subcommittees each consisting of 3 or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine. That, in addition to the members appointed pursuant to paragraph (9), the chair and deputy chair of the committee be ex officio members of each subcommittee appointed. That the committee appoint the chair of each subcommittee who shall have a casting vote only, and 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. That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House. That 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. That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced. That the committee or any subcommittee may conduct proceedings at any place it sees fit. That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives. That the committee may report from time to time. That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Standing Committees on Treaties appointed during previous Parliaments. That 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 a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly. C2T Wilkie, Andrew, MP Mr Wilkie to present a bill for an act to amend the Evidence Act 1995, and for related purposes. YT4 Scott, Bruce, MP Mr Bruce Scott to move: That this House calls for: an inquiry into the role of Australia’s medical and surgical colleges in the registration process of medical graduates and overseas trained doctors; and the Minister for Immigration and Citizenship to delay the revocation of 457 visas for those doctors who have been deregistered due to failure of the Pre Employment Structured Clinical Interview, to allow adequate time for a review of their case and reassessment of their competency. HWR Parke, Melissa, MP Ms Parke to move: That this House: notes that: on 6 September 2010 the ABC’s Four Corners program screened a story entitled ‘Body Corporate’, highlighting growing community and scientific concern regarding gene patents; in particular, Four Corners discussed the case of five year old Liam who needed to have a genetic test to see if he had gene mutations to the SCN1A human gene linked to a specific form of epilepsy called Dravet Syndrome; Bionomics, a South Australian company which had received a specific grant of around $1 000 000 from AusIndustry to develop a SCN1A gene test: took out an Australian patent over the SCN1A human gene; and subsequently exclusively licensed the patent to Genetic Technologies, a Melbourne company that charges $2000 for the SCN1A gene test in Australia; Liam was being treated at the Westmead Hospital—a publicly funded institution that is part of NSW Health—which could not afford to pay Genetic Technologies $2000 for each SCN1A gene test; Liam’s doctors sent a sample of his DNA to be tested in Scotland where the charge was just one third of the price charged by Genetic Technologies; the option to send the DNA sample overseas for testing not only took more time, leaving the young boy and his family waiting in distress, but highlights how Australian taxpayers providing research funds to (i) Australian universities to identify the SCN1A genetic mutations; and (ii) an Australian company to develop a genetic test, have been deprived of the benefits of that very research; notes that: in July 2008, Genetic Technologies, as the exclusive licensee of Myriad Genetics, a United States company granted Australian patents over the BRCA 1 and 2 gene mutations linked to breast and ovarian cancers, demanded via a lawyer’s letter sent to all Australian hospitals and clinical laboratories (including the Peter MacCallum Cancer Centre) that they stop all testing for breast cancer, claiming such testing infringed Myriad Genetics’ Australian BRCA patents; in 2009 in the United States, eleven plaintiffs, including Lisbeth Ceriani, a 43 year old single mother diagnosed with breast cancer, and professional medical and clinical associations such as the American Society for Clinical Pathology, launched a legal challenge to seven of Myriad Genetics’ United States BRCA patents, where: Ms Ceriani found that she was unable to get a second opinion on a positive genetic test for ovarian cancer because in the United States there is only one test, owned by only one company, Myriad Genetics, which charges over US$3000 per test; in March 2010 a United States Federal Court agreed with the plaintiffs and declared all seven United States patents invalid on the ground that under United States patent law, patents can only be granted over inventions, not for the discovery of natural phenomena; and the Court so held because, first, despite being removed from the human body and thus ‘isolated’, the BRCA genes were ‘not markedly different from native DNA as it exists in nature’ and second, the analysis of these two human genes by way of a genetic test was ‘merely data‑gathering to obtain clinical data’; notes that: at the official commemoration of the decoding of the human genome in March 2000, United States President Bill Clinton and British Prime Minister Tony Blair said that ‘raw fundamental data on the human genome, including the human DNA sequence and its variations, should be made freely available to scientists everywhere’, yet by 2005, according to a survey published in Science, more than 20 per cent (probably now much higher) of the human genome was the subject of Untied States intellectual property; President Clinton and Prime Minister Blair also said that ‘unencumbered access to this information will promote discoveries that will reduce the burden of disease, improve health around the world, and enhance the quality of life of all humankind.’; unencumbered access to genetic information cannot be achieved when patents over human genes are being used to suppress competition, innovation, research and testing; Professor Ian Frazer, the inventor of the cervical cancer vaccine, has joined other cancer researchers in calling for a revision of Australian patent law, stating that researchers need to be able to proceed with their work without having to consult the companies whose patents the work might infringe: ‘restricting the research use of a gene sequence could delay the development and testing of truly inventive and practical uses of the gene and its protein product for diagnosis and therapy.’; and other groups opposed to the granting of gene patents include the Cancer Council Australia, the Breast Cancer Foundation of Australia, the Royal Australian College of Pathologists, the Human Genetics Society of Australia and the Australian Medical Association; and calls for amendment of the Patents Act 1990 to ensure that patents cannot be granted over any biological materials which are identical or substantially identical to what exists in nature. HVY Saffin, Janelle, MP Ms Saffin to move: That this House: notes with grave concern: Telstra’s stated proposal to close its Business Call Centre in Grafton, with the loss of 108 local jobs, and the relocation of some of these jobs to Brisbane and Melbourne; the damaging flow on effect to a regional economy from such significant job cuts; the perception that Telstra is abandoning regional Australia; and Telstra’s claim that it can improve customer service while carrying out a program of job cuts; acknowledges the Clarence Valley community’s strong support for the campaign to save local Telstra jobs evidenced by the actions of Mayor Richie Williamson, the Grafton Chamber of Commerce and the 5559 people who signed my petition calling for Telstra to keep the Call Centre open, and not abandon regional Australia; and calls upon Telstra’s Chief Executive Officer David Thodey to stop the closure of the Grafton Call Centre to demonstrate a commitment by Telstra to Regional Australia. E3L Morrison, Scott, MP Mr Morrison to move: That this House: notes that: the Convention Relating to the Status of Refugees (Refugees Convention) states that ‘contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin’; the Government suspended the processing of asylum seeker applications from Afghanistan on 9 April 2010; and there are more than 5000 persons currently being detained by the Department of Immigration and Citizenship on the mainland and Christmas Island; and       calls for the: immediate lifting of the discriminatory suspension of processing of claims by Afghan asylum seekers; and immediate processing of asylum claims of all Afghans held in detention; and in the country of origin.