2009-02-09 42 1 4 SENATE 0 1 2009-02-09 The PRESIDENT (Senator the Hon. John Hogg) took the chair at 12.30 pm and read prayers. 543 Notices 543 Senator Bob Brown to move on the next day of sitting: That the Senate— acknowledges: the contribution made to Australia by the 5 000 Hazaras now living in Australia, and reports of increasing discrimination and violence against Hazaras living in Afghanistan and Pakistan; and sends its condolences to the family and supporters of Mr Hussein Ali Yousufi, the Leader of the Hazara Democratic Party, who was assassinated in Quetta City on Australia Day 2009. 543 Business 543 Senator CHRIS EVANS (Western Australia —Leader of the Government in the Senate) 12:31:00 —by leave—I move: That— The additional estimates hearings of standing committees scheduled for the week beginning 9 February 2009 not take place. The Senate meet from Monday, 9 February to Thursday, 12 February 2009. The Senate not meet from Monday, 23 February to Thursday, 26 February 2009. That the 2008-09 additional estimates hearings by standing committees be scheduled as follows: Monday, 23 February and Tuesday, 24 February 2009, and, if required, Friday, 27 February 2009 (Group A) Wednesday, 25 February and Thursday, 26 February 2009, and, if required, Friday, 27 February 2009 (Group B). (a)       The provisions of the following bills (the bills) be referred to the Finance and Public Administration Committee for inquiry and report by 10 February 2009: Appropriation (Nation Building and Jobs) Bill (No. 1) 2008‑2009 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008‑2009 Commonwealth Inscribed Stock Amendment Bill 2009 Household Stimulus Package Bill 2009 Tax Bonus for Working Australians Bill 2009 Tax Bonus for Working Australians (Consequential Amendments) Bill 2009; the provisions of the Appropriation (Nation Building and Jobs) Bill (No. 2) 2008‑2009 relating to the social housing program be referred to the Community Affairs Committee for inquiry and report by 10 February 2009; and the Community Affairs Committee may not meet to consider the bill at the same time as the Finance and Public Administration Committee is meeting to consider that bill and related bills. the hours of meeting shall be 12.30 pm to 7 pm and 7.30 pm to 11.40 pm; the routine of business shall be consideration of the bills (second reading speeches); that from 7.30 pm, any question in respect of which a senator requires a division, and any questions consequent on the outcome of that division, shall stand postponed until the next day of sitting at a time fixed by the Senate; and the question for the adjournment of the Senate shall be proposed at 11 pm. Treasury; Centrelink; Education, Employment and Workplace Relations; Environment, Heritage and the Arts; and Families, Housing, Community Services and Indigenous Affairs. Question agreed to. 544 Committees 544 544 Pursuant to order of the Senate agreed to on 9 February, the provisions of Appropriation (Nation Building and Jobs) Bill (No. 1) 2008-2009, Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009, Commonwealth Inscribed Stock Amendment Bill 2009, Household Stimulus Package Bill 2009, Tax Bonus for Working Australians Bill 2009 and Tax Bonus for Working Australians (Consequential Amendments) Bill 2009 stand referred to the Senate Standing Committee on Finance and Public Administration for inquiry and report by 10 February 2009. 544 544 Pursuant to order of the Senate agreed to on 9 February, the provisions of Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 relating to the social housing program stand referred to the Senate Standing Committee on Community Affairs for inquiry and report by 10 February 2009. 544 Motions 544 12:31:00 Evans, Sen Chris (Leader of the Government in the Senate) AX5 Western Australia ALP Leader of the Government in the Senate 1 0 Senator CHRIS EVANS —Mr President, I seek leave to move a motion in relation to the bushfires in Victoria. Leave granted. AX5 Evans, Sen Chris (Leader of the Government in the Senate) Senator CHRIS EVANS —I thank the Senate for its cooperation. I move: That the Senate— records its deep regret at the loss of at least 108 lives as a result of Victorian bushfires that are continuing to threaten the state; notes that four of these were children and the threat of these fires is not yet over; expresses its heartfelt concern for those under hospital care suffering from severe burns and other critical injuries; and conveys its thoughts and prayers to the families of the deceased and injured whose pain and suffering is shared by all Australians. This motion is inadequate in dealing with the scale of the shocking tragedy that is currently taking place in Victoria. It is our intention to debate this condolence motion briefly and then to seek to adjourn the Senate as a mark of respect for those who have lost their lives, for those who are injured and for those who are awaiting anxiously news of their family and friends. This is a disaster on a scale unimaginable in modern Australia. I think it has certainly snuck up on us in the sense that each day it seems to have grown in its enormity. The death and destruction that have been wreaked by these fires are unimaginable, and the speed at which they occurred and the lack of opportunity for people to escape the fires are extraordinary and frightening. We have lost many lives. The current official figure stands at 108, but the expectations are that that figure will go much higher and that there are many others who have lost their lives and have yet to be found or identified. I know many people throughout Australia are waiting anxiously for news of their loved ones. I travelled over to Canberra last night and I know that one of the flight attendants was most concerned about her relatives whom she had not had word of. There are thousands of people around Australia in a similar situation. It has been an enormous tragedy, a shocking natural disaster, one that exceeds Ash Wednesday and other major fires that we have experienced in the past, and the full extent of the damage and the deaths is not yet known. As well as expressing our support to those who have lost loved ones, to those who are injured and to all those waiting for news of their family and friends, we also need to pay respect to the firefighters who are currently on the front line still dealing with enormous fires. The volunteer and bushfire brigades are the permanent firefighters. I understand some have come from Tasmania today to assist. They all do a fantastic job, putting their lives at risk to try and protect the community and the public. In fact, most of them do it unpaid, out of their sense of community. Their courage and the commitment those firefighters give to their communities never cease to amaze me. Also, SES and ambulance officers and all those others who have volunteered their services to assist these communities are responding in a tremendous way in the face of this terrible tragedy, and we recognise and honour the support that they are providing and the courage that they are showing. Mr President, I am able to give the Senate an update from the information that the government has to hand as to the current situation, but I stress it is developing and I think the official figures at the moment do not reflect the extent of the tragedy. As I have said, the most recent count is 108 confirmed fatalities. Seven hundred and fifty houses have been destroyed and 3,733 people have been evacuated from their homes. The Prime Minister announced yesterday that the Australian government would support the Victorian government by whatever means possible. The Australian Defence Force has already provided 150 mattresses and portable beds for relief centres in Baw Baw Shire. The ADF has also supplied tents, stretchers and sleeping bags for 200 people, and heavy equipment to assist with establishing control lines in Yea township. Two additional Erickson Air-Cranes and two Sikorsky S61s have arrived in Victoria to support the two Victorian Erickson Air-Cranes. I understand that other fire brigades, from New South Wales, ACT and South Australia—and, I think, from Tasmania today—are deploying crews to assist in Victoria because the threat of fires continues. Obviously, there is also an enormous amount of work in mopping up. Mr President, I know the whole Senate is shocked by the extent of the destruction that these fires have caused. I know that Canberra residents in particular will be very much aware of the damage that fire can do, having gone through a very bad fire in 2003. They suffered the enormous impact this has on communities beyond that particular fire, but the impact on the community and families spreads much further. Victorians will need our support, not only in the coming days but in the years ahead. As I have said, the government has announced an assistance package just as a quick response. There is obviously much more to be done, and that will be done over coming days and weeks. I also urge all Australians to be generous in making donations to assist in the recovery. Australians always respond very well to these sorts of events with their support. I remember going up to the local shops on the day of the tsunami and finding the Red Cross already had a table set up. A couple of mature-age ladies were already out collecting and I had only heard the news about an hour and a half before. The community has a tremendous capacity to respond—not only practically, as they are doing in Victoria now, but also with financial support and by offering whatever support we can to those families affected. So I do encourage Australian citizens to donate. I also want to join with others in making the point about how devastating deliberately lighting fires can be. Some still do not seem to get the message about how destructive such activity can be. It is very important we continue to ram home the message that that behaviour will not be tolerated and severe penalties will be applied. The best response is to try to make sure people do not engage in such activity. There is nothing funny or thrilling about the damage that it causes. Mr President, it is an evolving situation. We are still awaiting more information as events unfold. It is appropriate today that the Senate makes its only business this expression of condolence and support. I acknowledge the cooperation the government has received from the opposition and the minor parties and Independents in facilitating what I think is the appropriate management of the chamber today. We obviously have important business to deal with and we will need to get on with that in our committee work and in the parliament in coming days. But we seek today to recognise the enormous tragedy that is occurring in Victoria, the speed and extent of the destruction from fire that has not been seen before in this country. I think we are all shocked by just how widespread the destruction is and how fast all of this occurred. Our main concern is to express support for those still waiting for news of their loved ones, to record our condolences to the families and friends of those who have lost loved ones and, of course, to mark the terrible loss of life and the loss of so much human potential with those who have died. I thank the Senate for its cooperation and urge all senators to support this appropriate remark of respect, as I am sure they will. 547 12:41:00 Minchin, Sen Nick JX4 South Australia LP 0 0 Senator MINCHIN —On behalf of the opposition, I join with the government in supporting Senator Evans’s motion and in expressing our profound sadness about what has occurred in Victoria over this terrible weekend. This really is a tragic event, and I think the full ramifications of what has occurred are yet to be fully realised. There is still great risk; there are fires still burning out of control in Victoria. The devastation these destructive fires have caused is unbelievable to local communities in that state. We have had small and very close knit communities completely torn apart, whole towns wiped out like they had been bombed in some war. The pictures are horrific. Of course, as Senator Evans said, what is incumbent on all of us now is to join together as Australians and show our full support for those whose lives have been devastated by what has occurred. The loss is extraordinary: people, homes, property, stock. Many families have lost everything. People who have devoted their lives to building their homes and houses and communities—all wiped out in seconds. It is just a reminder of the sort of country we live in, one that can be beautiful one day but fierce and destructive and violent the next. The ferocity of the fires, the magnitude of the destruction, is really beyond comprehension and touches many of us in many ways. My wife and I had a very difficult night on Saturday night knowing that her brother and his family were on their farm in Gippsland, surrounded by fire and unable to leave. Telephone communications ceased about midnight. Fortunately they were spared—we discovered the next morning they were spared—but it touches us all. As Senator Evans said, Australians are incredibly resilient. We will overcome this. We all now have to turn our attention to how we help those affected by the tragedy. We support all of the initiatives that the government is taking. We will seek to provide our own suggestions as to how the government can continue to help. These fires are a reminder of the history of bushfires in this country that have devastated so many parts of it. The fires here in Canberra in 2003, which I was present for, the fires on Eyre Peninsula in my state of South Australia not that long ago, the Ash Wednesday bushfires of 1983 in Victoria and South Australia, and Black Friday in 1939. My mother lost her brother in the 1939 fires. So we are all touched one way or another by these sorts of tragic events. But we have rebounded from those: communities have come back together, rebuilt their lives and their communities, and that will happen again in this case. I am reminded that it was only last year that we observed the 25th anniversary of Ash Wednesday, which we thought would never be surpassed, but this tragedy has done so. It has happened again, and I think we are all shocked by the extent of the devastation and the ferocity of these fires. The opposition supports all of the efforts of the Victorian and federal governments to help those communities. Everything that can be done must and should be done. To all those emergency service volunteers—and last night, as I was coming from Adelaide to Canberra, outside Adelaide Airport there were volunteer South Australian firefighters heading to Victoria to help—the CES and the CFA in Victoria, we pay enormous tribute. They do put themselves in enormous danger fighting to protect the properties and the lives of their communities. We want to thank the personnel of the Australian Defence Force who are now moving into the area and helping in the aftermath and in the continued effort to contain, as I say, fires that are still burning out of control. To all the volunteers who are assisting as they can, we express our appreciation for their efforts to make this as easy as possible for the victims and their families and the communities, who are going to need all the support we can give them to rebuild. To the Red Cross and all the medical teams—the terrible work of those in the burns units in hospitals in Melbourne, dealing with those who have lived but who have horrific injuries—we extend our sympathies and support for their work. There are some amazing stories of survival emerging, and we hope there will be more. As Senator Evans said, 108 people, regrettably, have perished, and there is every possibility that that tally will rise as more of the homes that have been destroyed are properly searched. It is a tragic reality that there may be more victims. It is a tragic day for Australia. The whole parliament is united in extending our thoughts and prayers to all those who are victims of what has occurred. We stand strongly behind all those Victorian communities affected and we will certainly, for our part, support the government in everything it can do to help in what has been an absolutely tragic weekend. 548 12:47:00 Joyce, Sen Barnaby E5D Queensland NATS Leader of the Nationals in the Senate 0 0 Senator JOYCE —I rise to concur with the remarks and condolences of both Senator Evans and Senator Minchin. Australia today speaks as one in sympathy, in support and with prayers for those who have perished; for those in the burns units; for the doctors, nurses, ambulance drivers and paramedics; and for the unrelenting dedication to duty of the firefighting units, police, charity organisations and neighbours. It is impossible to fathom the pain and range of emotions that leave those afflicted bewildered by the ferocity of nature—a ferocity that has descended on our fellow Australians with forces beyond our comprehension. The forces of destruction, pain and destitution have taken their toll and now all of us here must do what is human but ultimately more powerful. Noting that we cannot remove their pain, we must do what we can do, which is show compassion. The evidence of that compassion will be in the blood given, the money donated, the bed given to a neighbour and the capacity to put aside the minimal and the parochial to concentrate on the task at hand. Most importantly, compassion will be seen in the durability of our attention to see this issue through to the best conclusion we can attain for those afflicted, knowing that other distractions will quickly become apparent before we have all finished the task at hand. While the south burns, the north floods, and we are all the sinew which must make sure that the sentiment which is so uniquely Australian becomes a prevailing strength to bring all of us through. What can we offer those victims of nature—and, most disturbingly, in some instances, of the criminal and disgusting actions of those who knowingly and maliciously designed a course that would burn children and kill in the most horrific way and destroy families? We can pray that the weather works in favour of putting the fires out. We can pray that those in hospital pull through. We can deliver ourselves to a hospital and give blood. We can put our hands in our pockets and give what we can. We can promise to learn from our mistakes and make sure that we do not get ourselves in this position again. We must make sure that the victims of burns are given the best chance and those who have lost all are given the hope of a leg-up in their future life. What makes a nation is not a government. That is merely a reflection of the people; it is not its centre. The centre is that definitive spirit that you can hear in our Australian accent, a peculiar self-deprecating sense of humour, our strong belief in opportunity for the underdog, our belief in our own capacity to quietly work hard without wanting laurels and, most importantly, the Australian ability to time and time again rally under a single banner when a crisis is before us. Putting aside our self and concentrating on the communal task will be the reflection of the highest aspiration of that wonderful goodness that is so seminal and makes us what we are and who we are here today. Marysville, Murrindindi, Kinglake, Kinglake West, Bendigo, Bunyip, St Andrews, Churchill, Steels Creek, Humevale, Flowerdale—towns that may not have been noted much in the past in the further corners of our vast nation but to which all of Australia’s eyes are now turned. At the same time we do not forget the paradox of the pain in our north, with the floods that have already delivered tragedy to families in that region. We will not be forgetting Ingham and other North Queensland towns as they battle with another side of the destructive force that can be rent by nature’s fury. The tragedy of loss is always immense. It should not be belittled by numbers, as if there is some discerner of effect. The family that loses one member in the course of what are almost apocalyptic scenes is one member that nothing can replace. The vacancy is a hole in their lives forever. When the role of the community is overwhelmed, it is only just that the state be called in to assist. In these fires the capacity of the community is reduced in its ability to deliver because of the extent of the destruction within it. But we all turn on the TV and what we see is ourselves in another part of our country. We see who we are and from within us we know we have to act and implore those in the appropriate positions to act on our behalf. I did not know the adult in Kinglake whose remains were found with those of four children—they all perished together. But I pray that they are with our Lord. I did not know them, but I along with all here cannot bear the thought of the terror as we think of our own children. What burden do we shoulder and what pain can we possibly take away? We feel sadness with no repose, we feel anger with no direction, we feel desolate and search for a path that leads those most afflicted out of their pain. The only resolve is that the compassion of Australians is hard at work—it is at work today; it will be at work tomorrow. Whilst the memories are there, our compassion for our fellow Australians shall be the sign that we are a nation at its best when our fellow citizens are in greatest need. Our condolences are with the families, our boundless gratitude is with those hard at work in the hospitals and in the field, and our prayers are with the injured and deceased. 549 12:52:00 Brown, Sen Bob QD4 Tasmania AG Leader of the Australian Greens 0 0 Senator BOB BROWN —I join with all senators and, indeed, with all Australians in expressing deepest sympathy and condolences with everybody who is suffering from one of the greatest natural disasters in this nation’s history. Our national poet spoke about the beauty and the terror of this wide brown land. Over the few days since this Senate last sat, the terror has visited those people in Victoria in dimensions that we can scarcely imagine. We know that indescribable horror, terror, loss and human fear have been involved in the events that overtook the people in those small towns and those areas in recent days and that may yet overtake more. It is in these situations where the greatest aid comes from the humanity and the compassion of this wonderful nation of 21 million people. We back our government and governments at all levels, including the Victorian government, in their ability to deliver aid wherever it is needed as fast as possible. We congratulate and are right behind all those people who are trying to fight and ameliorate the horror of these fires wherever they are in Australia. We are also right behind those who are dealing with the gruesome and horrible job of sifting through the ashes to try to identify people and get news out to loved ones. We are right behind those who are bringing medical aid and assistance to help those who have survived so that, hopefully, they can get their lives back together with our aid as best as humanity can provide. As a nation, we will put everything we can into aiding the people who are now suffering. I know that there is frustration right across the country—everybody wants to help but not everybody can. But we can dig deep into our pockets. We can express our condolences. We can contact those people who do not know what has happened to their loved ones. That is what we are doing here today as best we can. I support, with all senators, this move to suspend our national parliament as a mark of respect and to put an arm around those who are suffering, even from such a great distance, and to share their suffering in the horrible period they are going through. We will do everything we can as a parliament and as a nation to get aid where it is needed as quickly and for as long as possible, through whatever barriers there may be in our way. I join in support of this motion and will continue to assure the government of every support it needs in going to the aid of the people who have suffered in this tragedy. 550 12:56:00 Fielding, Sen Steve E4R Victoria FFP Leader of the Family First Party 0 0 Senator FIELDING —On behalf of Family First, I want to offer condolences and prayers to the families and friends of the more than 100 people who died in the devastating Victorian bushfires over the weekend. This is an unbelievable tragedy still unfolding by the hour as firefighters continue to count the unimaginable loss that is so horrific and so personal. So many have lost loved ones, homes, farms, businesses and livelihoods. Like many Victorians, my wife and I spent an agonising time over the weekend trying to reach friends and family who live in areas wiped out by the fires. I have friends in Marysville who are SES volunteers. We finally managed to get through to them this morning. They told us they escaped the town with nothing more than their SES overalls. They are in shock and they are numb, yet they are counting their blessings—they are alive. The interesting part is that, as they were out saving someone else—a woman in a car that a tree had fallen over on—their own house was about to be burnt. My brother lives around the Kinglake area. When we were last in contact yesterday, he had a car packed to send his wife and children away and was preparing to fight the fires with some of our other brothers. Last night we heard he was okay but were not able to raise him. I have just spoken to him and he is fine. Yesterday, I met with firefighters from my local Country Fire Authority who were heading out into the Yarra ranges. Some had just come back. Once again, they were standing firm against raging fire to protect lives and properties. When you hear the stories of 200-foot and higher walls of smoke and red flames and a noise like two jet engines—I have never seen it or had to experience it before but many have—it is just horrific. I take my hat off to the firefighters, volunteers and SES people who have had to face that. Victoria’s emergency services and those from other parts of Australia that have rallied to support them are indeed heroes. We may never hear their stories but we know that they are there. I say to those men and women, ‘Thank you.’ Events like this change your perspective. It just makes me wonder what we are doing here today when there are so many other important things we could be doing to help people in fire devastated areas. The school my daughter attends has just halted all classes and is meeting to decide how they as a community can help. This is what we all need to do, not just for the next few days but for the next few months and longer—for as long as it is needed—to help our fellow Victorians come to terms with their devastating loss and to do whatever it takes to help them rebuild their homes and their lives. It is this hope that we need to hold on to. It is this hope that we need to offer our fellow Victorians who are devastated. There is no way we can let nature take lives like this without actually standing with them and rebuilding these local communities. It is this hope we must hold on to. 551 12:59:00 Xenophon, Sen Nick 8IV South Australia IND 0 0 Senator XENOPHON —I endorse and support the remarks and sentiments of my colleagues and also offer my sympathies to those affected by the bushfire crisis and tragedy in Victoria. I cannot begin to imagine what it has been like for the people and communities involved and I fully support the government’s offer of widespread assistance. To the families who have lost loved ones, I want to express my deepest sympathies. To the people who have lost homes and belongings, I just want to say that all of us here are committed to helping you rebuild your homes and your lives. And to the firefighters and all the emergency services personnel, who risk their lives in order to protect the lives of others, I simply say thank you: you are the best of us and the debt our nation owes you is immeasurable. I support the motion. 551 13:00:00 Conroy, Sen Stephen 3L6 Victoria ALP Minister for Broadband, Communications and the Digital Economy 1 0 Senator CONROY —Today Australians are struggling to comprehend the nation’s worst-ever natural disaster. The bushfires that have raged throughout Victoria over the past few days have destroyed entire communities, razing townships and taking lives. Victoria and the nation are in mourning. At this time our thoughts and deepest sympathies go out to the people most closely affected—our neighbours and friends, our families and loved ones. We know that there has been a horrific loss of life and we hold grave fears for others still unaccounted for. The injury toll alone is truly appalling. The scale of destruction of homes, businesses, loved pets, personal possessions and entire communities is so vast that it is difficult to comprehend. Today, as the rest of the world wakes, it too is being greeted by news of this horrific event. Indeed, as I speak the bushfires are running as lead stories on the websites of major news agencies around the globe: the BBC, CNN, al-Jazeera and the China Daily to name but a few. The overwhelming sentiment is one of horror at the scale and the fact that some of these fires may have been deliberately lit. Indeed, the emergency is not over and, as the Prime Minister has said, the nation needs to prepare itself for further bad news in the coming days. The response so far from emergency services personnel has been second to none. The Country Fire Authority, metropolitan fire brigades, police, ambulance and hospital staff and volunteers at community centres throughout the affected regions have all responded with extraordinary compassion and courage. The Victorian Department of Sustainability and Environment should be commended for its handling of the response logistics. I am informed that, despite the ferocity of the fires, emergency communications were not impacted. Unfortunately the same cannot be said for other communications’ infrastructure and, while providers continue to evaluate the impact, it is clear that substantial damage has been done. The government is in close contact with telecommunications and broadcast providers regarding the disruption of services and actions to recover. Telstra has already announced that it is providing an assistance package to victims of the fires even as it works to calculate the scale of the damage. I understand that this amounts to a large number of mobile phone base stations, thousands of telephone and broadband lines and as many as 88 exchanges in affected areas. The Department of Broadband, Communications and the Digital Economy is currently liaising with other telecommunications providers to establish the extent of damages. I understand that broadcast infrastructure has also been impacted at locations including Mount Tassie, Mount Taylor, Yea and Myrtleford. Efforts are being made to ascertain the extent of disruptions and provide for recovery. In addition, Australia Post estimates that it has lost between six and 10 licensed post offices and that between 50 and 70 townships may be affected by road closures. Australia Post has announced a $1 million donation to the Victorian bushfire relief fund and that it will collect donations in more than 4,000 post offices across the country. Local residents in the affected communities, many of whom have lost their homes and some of whom have lost friends and family to this terrible tragedy, have shown remarkable resilience and care for one another. Their dedication to their fellow Australians in the face of unimaginable circumstances is inspiring and humbling. Much of this response and support is voluntary and is a testament to the indomitable human spirit and character that runs through our communities. Bushfires have shaped the Australian environment. They have also shaped the spirit of a people who share that environment. They have inspired cooperation, courage and resilience. All of those qualities were on display on Saturday and Sunday. All of them are needed today. As every hour brings us news of more deaths and more destruction for the families and communities who have endured horrors beyond imagination and suffered losses beyond recovery, we extend our hands and we open our hearts to them. The government, as has already been indicated, is directing the support of the Australian Defence Force to the disaster areas. Immediate emergency payments are now being made available via Centrelink for on-the-ground support in the affected areas. In addition, $10 million has been made available for a relief fund in conjunction with the Victorian government, and I urge the Australian public to support this fund. Donations to the fund can be made through the Red Cross. Victoria is a state of closely connected communities and, given the scale of this disaster, we are all connected to it in some way. As a senator for Victoria I know many of the communities that have been directly affected by this disaster, but I also know that the people of these communities will respond in the only way Australians know how—with courage, compassion and good humour. Strong communities have been bound even more closely together by this tragedy. I was told of units from the Diamond Valley brigade who got four mayday calls from the fire front in the space of one afternoon. The mind boggles at what thoughts would have gone through the minds of any of these heroic volunteers when they heard their mates calling out for urgent assistance. I must single out the heroism of the CFA, particularly Captain Ken Williamson, who was chainsawing through burning trees to allow CFA trucks through to the fire front at Kinglake West. Similarly, Captain David McGahy and the Arthurs Creek-Strathewen brigade, whose township was decimated by these fires, and estimates suggest that two-thirds of the properties have been burnt down as well as their school. The St Andrews brigade have a terrible homecoming: whilst they were busy saving the lives and properties of others, nearly half of the brigade lost their own homes. Those on the ground have seen remarkable feats of survival, and there are stories of neighbours, friends and strangers pulling together to confront the kind of horror that most of us can only imagine. My friend state MP Ben Hardman, who spent Saturday night on the fire trucks, and Danielle Green, Parliamentary Secretary for Emergency Services and a CFA volunteer, report that they have been truly humbled by the response of their fellow Australians in this time of direst need. In the face of this horrific force of nature, the human spirit and the power of community come to the fore. It is people who suffer and it is people who will pull us through—people such as teenager Rhys Sund, who drove a tiny tractor and trailer across country behind the fire front at Chum Creek near Healesville to save his sister Rhiannon and a group of frightened women and children from an isolated farmhouse; and Marg Hennell in Whittlesea, who, after being evacuated from her home due to the fires, has spent the last 48 hours working at the Whittlesea refuge centre, tending to the needs of others who have been similarly displaced. Today we are in mourning, but Australians are a determined, compassionate and practical people and we will rebuild our communities together. 553 13:07:00 Ronaldson, Sen Michael XT4 Victoria LP 0 0 Senator RONALDSON —I am sure that we, and particularly my fellow Victorians, are all numb today because of the events over the weekend. We think particularly of those lying in hospitals at the moment who will carry the physical scars for life and who will clearly carry emotional scars as well. Many of those people have lost family and friends. Victoria last week, with temperatures over 43 or 44 degrees, was dried to a crisp. We had a warning about Saturday, but no amount of warning can ever prepare people, even that extraordinary band of volunteers in Victoria. I give my thanks to the DSE fire officers as well. They were prepared as well as they could be, but you can never prepare for something like this. I spoke to a friend this morning who bought a fire pump on Friday, coincidentally. That saved his house. But they have lost between six and eight friends along their road—they are not sure how many at the moment. What we have seen with this fire is also a tragic loss of young people and children, which historically has not been the situation. There have been horrific losses of young people. There are many, I am sure, in this chamber who, like me, have been on the back of a fire truck and who know what it is like to not be able to see more than two feet in front of you and who know what it is like to have a fire turn on you and who know the fear involved. I cannot imagine the level of fear that drove people—who I am sure in the main had had fire plans prepared; the respective governments in Victoria over a long time have ensured from the start of summer that people were aware of their fire plans—to abandon in panic their fire plans and get in their cars. I do not think that any one of us can possibly imagine what that must have been like. Someone said that these communities will come back together. They will. Houses can be replaced. But lives can never be replaced. We should spare a thought for those many farmers in Victoria who now have the heartbreaking task of going out and shooting stock. The sights that they will face, as many others in this chamber will know, will be horrific. It is entirely appropriate that this condolence motion has been moved today. We are in my view a unique country, with the national parliament giving our condolences. Our national leaders are in Victoria at the moment, not to make politics but to make sure that those people know that every one of their elected representatives is with them. In some respects, there is a sense of impotence in situations like this. There is also a heightened level of anger in relation to the way that some of those fires might have started. Clearly, as a community we have to ensure that there is calm in relation to those particular incidents. These have to be properly investigated by the authorities. We must remain calm until those inquiries have been carried out. I believe that colleagues such as my very good friend Fran Bailey in McEwen and other members have been on the ground in their communities. For all that is said about us as members of parliament, we are close to our communities. We know our communities. While we are often the subject of ribbing and some dry humour, one of the greatest strengths that we have as a nation is that our members of parliament and senators, whether at the state, federal or local level, are close to our communities. That is something that we have to fight to defend. Increasingly, there is an unholy alliance between us as humans and the bush. Lifestyle and other encroachments which have taken us out of areas of safety into areas that are more dangerous are issues that we have to confront as a nation. That ubiquitous gum tree can be both a peaceful friend and a very powerful enemy. I am sure that in due course when this is looked at and reviewed we will need to change some practices. But no-one is to blame for this—not any government of any persuasion—for not having done A, B, C or D. Everything that could possibly have been done was done, both before and during this fire. On behalf of all my Victorian colleagues on both sides of the parliament, I thank that remarkable band of people who fight these fires. They feel fear. People say that they are fearless, but they are not fearless; they do feel the fear. But they go in there nevertheless. Victoria will take a long time to get over this, but I know that the Victorian community will do so in due course. I add my support to the previous remarks. Question agreed to, honourable senators standing in their places. 554 Adjournment Senator CHRIS EVANS (Western Australia —Leader of the Government in the Senate) 13:15:00 —I move: That as a mark of respect to the memory of those killed as a result of bushfires in Victoria the Senate do now adjourn. Question agreed to. 554 13:15:00 Senate adjourned at 1.15 pm 555 Answers to Questions on Notice The following answers to questions were circulated: 555 555 287 supplementary 555 Milne, Sen Christine KA5 Tasmania AG 0 Senator Milne asked the Minister representing the Attorney-General, upon notice, on 19 February 2008: Original answer to question on notice No. 287, Senate Official Hansard, 13 May 2008, page 1668. With reference to the series of bushfires that began burning on or about 6 December 2006 on the east coast of Tasmania, seriously damaging a number of areas, especially the Four Mile Creek district:1 When did the AARC first meet; and (b) (i) how often did it meet, (ii) on what dates, and (iii) who attended. Can a breakdown be provided of funds expended by the AARC; if not, why not. 1 Please note this response is in addition to Sub No: 12-48 555 Wong, Sen Penny 00AOU South Australia ALP Minister for Climate Change and Water 1 Senator Wong —The Attorney-General has provided the following answer to the honourable senator’s question: The AARC first met on 9 January 2007. (b)(i)     The AARC met twelve times throughout the calendar year. The AARC met twelve times throughout the calendar year. (ii)     The AARC met on 9 January 2007; 18 January 2007; 8 February 2007; 22 February 2007; 8 March 2007; 29 March 2007; 26 April 2007; 7 June 2007; 5 July 2007; 2 August 2007; 25 September 2007 and 14 December 2007. (iii)    Representation at some or all of the AARC meetings was as follows: Tasmanian Government Department of Health and Human Services; the Australian Red Cross; Break O’Day Council; (the former) Australian Government Department of Transport and Regional Services; Australian Government Department of Families, Community Services and Indigenous Affairs; St Helen’s Police; State Emergency Services; Tasmanian Government Department of Premier and Cabinet; South Australia’s State Recovery Office; Local Recovery Coordinator for Eyre Peninsula Bushfires; a community representative; Department of Families, Housing, Community Services and Indigenous Affairs; and the Disaster Recovery Coordinator. The following link, the Report on the Tasmanian East Coast Fires, (Appendix 1) provides a list of projects funded using the Community Recovery Funds. Appendix 4 of the Report notes the commitment of funding. http://www.bodc.tas.gov.au/webdata/resources/files/East_Coast_Fires_Recovery_Final_Report_signed.pdf The administration of these funds is not yet complete and is subject to acquittal through an independent audit process. The acquittal process with regard to the administration of the Tasmanian East Coast Bushfire Community Recovery Fund expenditure is provided below.   The Affected Area Recovery Committee’s (the Committee) Terms of Reference require the Committee to report to the Tasmanian Government. The Tasmanian Government, through its Department of Finance and Treasury, will submit a consolidated Natural Disaster Relief and Recovery Arrangements (NDRRA) claim for total expenditure incurred in the relevant financial year/s on all eligible natural disaster events. A requirement for the provision of Australian Government assistance under the NDRRA (including community recovery funds) is that where a state submits a claim for financial reimbursement, they must submit an audited financial statement in support of that claim within six months after the end of the financial year in which the claim was made. With regard to all NDRRA eligible Tasmanian expenditure, the acquittal process will undertaken by the Tasmanian Audit Office. The audit process is due for completion by 31 December 2009. 556 556 651 556 Minchin, Sen Nick JX4 South Australia LP 0 Senator Minchin asked the Minister representing the Prime Minister, upon notice, on 25 August 2008: Did the Minister or Parliamentary Secretary within the Minister’s portfolio attend any event at the Beijing Olympic Games; if so, which events did the Minister/Parliamentary Secretary attend. Was the Minister/Parliamentary Secretary accompanied by: (a) family; (b) personal staff; and (c) departmental officials; if so, how many. Did any officials from the department attend the Beijing Olympic Games in their capacity as an employee of the Australian Government; if so, how many and in what capacity did they attend. In regard to the attendance by the Minister/Parliamentary Secretary and/or departmental officials at the Beijing Olympic Games, what was the total cost of: (a) travel; (b) accommodation; and (c) any other expenses. 556 Evans, Sen Chris AX5 Western Australia ALP Minister for Immigration and Citizenship 1 Senator Chris Evans —The Prime Minister has provided the following answer to the honourable senator’s question: The Prime Minister attended the Opening Ceremony, women’s basketball (Australia v Belarus), swimming heats and swimming finals. Ms Rein accompanied the Prime Minister to the Opening Ceremony, women’s basketball and the swimming heats. Two members from the Prime Minister’s personal staff attended the women’s basketball. One member from the Prime Minister’s personal staff attended the swimming heats. No departmental officials attended any Olympic events. Two officers from the Department of the Prime Minister and Cabinet travelled to Beijing. One officer travelled in advance of the Prime Minister in the role of Visit co-ordinator. The First Assistant Secretary of International Division travelled as part of the Prime Minister’s official party. Please see answer to Senate Question on Notice No. 577. 556 556 769 556 Milne, Sen Christine KA5 Tasmania AG 0 Senator Milne asked the Minister representing the Minister for Education, upon notice, on 7 November 2009: In regard to regional loading under the Commonwealth Grant Scheme Guidelines: (a) what is the additional cost to Western Australian institutions of providing tertiary education to regional students; (b) how has this figure been calculated; (c) how often and how does the Government review the adequacy of the regional loading process; and (d) when is the next review. In regard to student income support, will the Government: (a) reduce the age of independence from 25 to 18; (b) increase the parental income threshold; (c) align payments to above the poverty line; (d) exempt scholarships from the income test; and (e) increase and index, on an annual basis, the income free area. 557 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The answer to the honourable senator’s question is as follows: Regional loading The Department does not collect detailed data on the actual costs of higher education provision to regional students at individual universities. Western Australian higher education providers will be allocated $738,086 in Regional Loading in 2009. The amount of Regional Loading is calculated in accordance with the Commonwealth Grant Scheme Guidelines which are available on the Federal Register of Legislative Instruments. There have been no reviews of Regional Loading since its commencement in 2004. The Review of Australian Higher Education provided its report to the Minister for Education on 17 December 2008. The report includes a number of recommendations on provision of higher education in regional areas. The Government is currently considering the recommendations and findings of the report and will respond to its directions in early 2009. Student Income Support The Review of Australian Higher Education provided its report to the Minister for Education on 17 December 2008. The report includes a number of recommendations on the student income support system. The Government is currently considering the recommendations and findings of the report and will respond to its directions in early 2009. 557 557 776 557 Milne, Sen Christine KA5 Tasmania AG 0 Senator Milne asked the Minister for Climate Change and Water, upon notice, on 7 November 2008: In regard to the answer to question on notice no. 726 (Senate Official Hansard, 13 October 2008, p. 5868), concerning the construction of irrigation pipelines from the Meander River via water release from the Meander Dam in Tasmania, in which the Minister advised that $140 million had been allocated to the Tasmanian Government to support efficient irrigation projects and that this funding was subject to Tasmania’s agreement to a range of conditions related to the implementation of the National Water Initiative: what conditions must the Tasmanian Government comply with to meet their commitments to the National Water Initiative. Has the Tasmanian Government failed to comply with any of these conditions; if so, which ones and what are the implications for Tasmania. 557 Wong, Sen Penny 00AOU South Australia ALP Minister for Climate Change and Water 1 Senator Wong —The answer to the honourable senator’s question is as follows: The Australian Government remains committed to funding up to $140 million to support more efficient irrigation in Tasmania, under the Sustainable Rural Water Use and Infrastructure Program (SRWUIP). At the same time, there are a number of funding conditions we are seeking Tasmania’s agreement to, including accelerating their implementation of National Water Initiative (NWI) commitments and accounting for future water availability in project designs. Tasmania, as a signatory to the NWI, has already committed to implement a range of water reforms, in particular relating to: Water access entitlements and planning; Water markets and trading; Best practice water pricing and institutional arrangements; Integrated management of environmental water; and Water resource accounting. These are the key areas we believe Tasmania should be NWI-compliant against in order to develop and achieve an irrigation sector that is both commercially viable and environmentally sustainable. We have asked Tasmania to provide us with detailed proposals for their highest priority irrigation projects. These will need to include a comprehensive business case, costing and funding milestones, and the detail of technical, environmental and social impact assessments. A process for community consultation on projects will also be required. This will allow us to assess projects for potential funding in line with our due diligence obligations. The CSIRO Tasmanian Sustainable Yields Study will be an important input as the Tasmanian Government develops irrigation proposals for Australian Government funding consideration. However, just as projects were funded in the Murray-Darling Basin while the CSIRO sustainable yields study was underway, there will be a capacity to fund the developmental or feasibility phases of projects in Tasmania prior to the completion of the Tasmanian CSIRO study. (2)   To date, there has been no funding from the SRWUIP program allocated to any specific irrigation project being developed by Tasmania. NWI conditions are currently still being discussed. 558 558 794 558 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Treasurer, upon notice, on 13 November 2008: With reference to the departments modelling, Climate change mitigation policy modelling: Summary of assumptions and data sources, dated 3 October 2008: On what basis does the modelling suggest that Tasmania will have negative population growth from 2030 and onwards. Is the Carbon Pollution Reduction Scheme a tax or a form of taxation; and (b) how is it to be classified. Why is the emissions intensity measure to be based on revenue as opposed to the value added provided. Does the ‘revenue test’ discriminate against the manufacturers of products further down the production line. How does the proposed Carbon Pollution Reduction Scheme deal with the companies, enterprises and industry sectors that have been proactive, such as the pulp and paper sector which have been able to decrease their emissions by 22 per cent since 1990, have 29 per cent of its energy sourced from renewable resources, is using 48 per cent of recycled fibre, and has decreased its water consumption by 65 per cent since 1990. Will special allowances be made for those sectors which have been proactive in the past; if so, what measures are anticipated. In regard to the carbon price: (a) is the gross operating surplus taken into account in determining the price, or will it be based on one-size-fits-all; and (b) what level of return/profitability is deemed to be necessary for industry sectors to be able to continue to raise capital. The aforementioned modelling notes that there are inherent uncertainties surrounding carbon capture and storage technologies, yet the modelling assumes the availability of that technology on a commercial scale from 2020: on what basis is this assumption made; if this assumption or the timeline is incorrect, then what impact will it have on the modelling data that has been provided; what assumption was made in relation to the Carbon Dioxide (CO2) concentrations in the atmosphere over the next 2 decades; does the department stand by its assumptions in its modelling of in tables 4 and 5; has the recent global economic situation made any of the short-term or long-term predictions less reliable; what analysis has the department undertaken of reports published in The Age of 8 October 2008 which suggests that many industries would be hard‑hit with a $20 per tonne carbon price; does the Government or department agree with the analysis contained in the article; when did the department first predict the current economic circumstances in which Australia and the world is dealing at the present time, and (ii) when did the department’s modelling first pick up this possible circumstance with which we are currently confronted; when does the Government propose to have its regulations ready under the Tax Laws Amendment (Luxury Car Tax) Bill 2008 and related bills; and what consultations have taken place to assist in the drafting of the regulations. 559 Conroy, Sen Stephen 3L6 Victoria ALP Minister for Broadband, Communications and the Digital Economy 1 Senator Conroy —The Treasurer has provided the following answer to the honourable senator’s question: The population projections are consistent with those of the second Intergenerational Report, http://www.treasury.gov.au/igr/IGR2007.asp, updated in light of new informational about net overseas migration. Population assumptions can be found in Chart B.3 and Table B.8 of the recently released report, Australia’s Low Pollution Future. State population assumptions are based on ABS projections (ABS cat. no. 3222.0—Population Projections, Australia, 2004 to 2101, released on 14 June 2006) and scaled to be consistent with updated national population assumptions. The projections in Australia’s Low Pollution Future have Tasmania’s population peaking in the 2030s before declining in the 2040s, 2050s and 2060s. From 2070 to 2100 Tasmania’s population is assumed to stay constant. For budget reporting purposes, the classification is required under the Charter to be based on external reporting standards set out by Australian Accounting Standards (AAS) and Australian Bureau of Statistics Government Finance Statistics (ABS GFS). There are international developments underway which will form the basis of the Australian standards. (3&4)      Following the release of the Green Paper the Government consulted extensively with industry on these issues and has taken all information into account when making final decisions on Scheme design. The White Paper states that the assessment of emissions intensity for the purposes of determining eligibility of an activity will be based on either a weighted average emissions per million dollars of revenue or, entities may request to Government that the eligibility assessment for an activity is made on the basis of the weighted average emissions per million dollars of value added generated by entities conducting the activity. (5&6)      A key advantage of a cap and trade scheme is that it rewards early action by reducing the number of permits that a business will be required purchase. The Government’s preferred position outlined in the Green Paper, and confirmed in the White Paper, is to use ‘industry average’ baselines for determining levels of assistance for each emission-intensive trade-exposed activity. The use of industry average baselines means that relatively low emission-intensive firms will benefit, and there will be continuing incentives for firms to adopt energy efficiency improvements, including in the lead up to the scheme’s commencement. Following the release of the Green Paper the Government consulted extensively with industry on these issues and has taken all information into account when making final decisions on Scheme design. The White Paper states that the assessment of emissions intensity for the purposes of determining eligibility of an activity will be based on either a weighted average emissions per million dollars of revenue or, entities may request to Government that the eligibility assessment for an activity is made on the basis of the weighted average emissions per million dollars of value added generated by entities conducting the activity. (5&6)      A key advantage of a cap and trade scheme is that it rewards early action by reducing the number of permits that a business will be required purchase. The Government’s preferred position outlined in the Green Paper, and confirmed in the White Paper, is to use ‘industry average’ baselines for determining levels of assistance for each emission-intensive trade-exposed activity. The use of industry average baselines means that relatively low emission-intensive firms will benefit, and there will be continuing incentives for firms to adopt energy efficiency improvements, including in the lead up to the scheme’s commencement. A key advantage of a cap and trade scheme is that it rewards early action by reducing the number of permits that a business will be required purchase. The Government’s preferred position outlined in the Green Paper, and confirmed in the White Paper, is to use ‘industry average’ baselines for determining levels of assistance for each emission-intensive trade-exposed activity. The use of industry average baselines means that relatively low emission-intensive firms will benefit, and there will be continuing incentives for firms to adopt energy efficiency improvements, including in the lead up to the scheme’s commencement. Under a cap and trade scheme the carbon price will be set by the market. Factors such as the national emission trajectory, scheme coverage and international linking, and the costs of abatement opportunities help to influence the carbon price. Decisions about raising capital are a matter for individual firms. There are a range of views on the viability, cost and timing of carbon capture and storage technology. Treasury assumes that carbon capture and storage would be technically available from 2020. However, the actual timing of the commercial deployment of carbon capture and storage will depend on a range of factors including the availability of the technology, the relative cost of carbon capture and storage against alternative electricity sources, the requirement for new power plant to meet current and expected future electricity demand and the emission price. For the full range of scenarios modelled by Treasury, the earliest year carbon capture and storage is deployed ranges from 2026 to 2033, with the emission price in that year ranging from $45 to $80 per tonne of CO2-e for coal and around $100 per tonne of CO2-e for gas. Treasury understands that technology cost estimates are highly uncertain. As a result, a sensitivity scenario was undertaken where carbon capture and storage technology was not available at all. This raised the mitigation costs for Australia by 25 per cent in 2050, mainly due to the reduced external demand for coal. Treasury modelling contained in the Government’s report “Australia’s Low Pollution Future” explored a reference scenario and four policy scenarios. In the reference scenario there were no explicit assumptions regarding the concentration of carbon dioxide in the atmosphere. Concentrations of carbon dioxide were determined by a number of influences in the modelling such as the flow of annual global CO-e emissions. Emissions in the reference scenario are influenced by the assumed growth in the economy, and the structure of industry. The concentration of all greenhouse gasses were projected to reach over 1500 ppm of CO-e by 2100 in the reference scenario. The policy scenarios modelled by Treasury explored the implications of the stabilising the atmospheric concentrations of greenhouse gasses at 510ppm, 550ppm and 450ppm by 2100. The assumptions outlined in tables 4 and 5 of the preliminary modelling assumptions released on October 3 appear in tables B.5 and B.6 in Annex B of the Government’s modelling report. The Department considers these assumptions to be plausible central assumptions within the range of possible values. The Treasury modelling focuses on the medium to long-term transformation of the Australian and international economies. While the current global financial crisis is likely to have serious consequences in the short‑term, it is unlikely to change the world or Australia’s long-run growth path. The modelling undertaken by the Treasury did not look at the impact on profits of individual companies, rather, the modelling focused on the impact of aggregate industries in the Australian and global economies. Full details of the possible implications of different carbon price paths on Australian industries are contained in the Government’s report “Australia’s Low Pollution Future” (see Chapter 6). See above For some time Treasury has noted the risks associated with global current account imbalances in Budget and MYEFO publications, and the potential for a disorderly adjustment triggered by an increase in risk aversion and involving changes in asset prices and exchange rates. In mid-2007, the global financial crisis began as major banks and financial institutions began to report substantial losses stemming from the sub-prime mortgage market in the US. The Treasury has been carefully monitoring developments since the onset of the crisis, and these have been taken into account in its forecasts. . The Government understands the importance of having regulations in place so as to provide certainty for business. The regulations defining ‘refund eligible car’ and ‘tourist activity’ for the purposes of the refund provisions of the A New Tax System (Luxury Car Tax) Act 1999 are currently in the process of being made. The Department of the Treasury approached the Federal Chamber of Automotive Industries, the Motor Trades Association of Australia, the Australian Tourism Export Council, the Tourism & Transport Forum, the National Tourism Alliance, as well as the Australian Taxation Office and Department of Resources, Energy and Tourism when preparing the regulations. 561 561 833 amended 561 Ludlam, Sen Scott I07 Western Australia AG 0 Senator Ludlam asked the Minister for Broadband, Communications and the Digital Economy, upon notice, on 20 November 2008: What is the current number of Uniform Resource Locators (URLs) on the Australian Communications and Media Authority’s (ACMA’s) list of overseas-hosted prohibited or potentially-prohibited content. How many unique domain names are within the URLs which are currently on the ACMA blacklist. How many active URLs are currently on the ACMA blacklist; and (b) of these, how many have been, or in the ACMA’s view would be: classified MA 15+, classified R18+, classified X18+, refused classification, and refused classification because they contain child pornography, and in this case, how many were referred to: (A) Commonwealth, state or territory police, and (B) an overseas agency. How many active URLs have been placed on the ACMA blacklist as potentially-prohibited content but which upon classification were found not to be prohibited content; and (b) what is the average period of time that such content has been incorrectly blacklisted. Is it currently unlawful for an Australian adult to access Internet content that is hosted overseas where that content according to ACMA is: classified MA 15+, classified R18+, classified X18+, and refused classification, other than content defined as ‘child pornography material’ and ‘child abuse material’ in section 473.1 of Division 473 of Part 10.6 ‘Telecommunications Services’ of the Criminal Code Act 1995; and (b) if so, on what basis. Which categories of legal material, that is, material which Australian adults can legally access on the Internet, will be subject to mandatory Internet service provider (ISP)-level filtering that is not optional for end-users. In regard to the proposed expansion or augmentation of the ACMA blacklist by obtaining alleged child pornography blacklists from overseas agencies: does the criteria for inclusion on these overseas blacklists align with the Australian classification scheme; what mechanisms will exist to ensure the accuracy of these overseas blacklists; is the Minister aware of serious inaccuracies and over-blocking in the blacklist of alleged child pornography that is voluntarily used by some ISPs in Finland; is the Minister aware that a website which criticised and exposed serious inaccuracies in the Finish blacklist, in an act of apparent retaliation by the Government or police agencies, was itself placed on the blacklist; and how can the Australian public be assured that controversial yet legal content will not be blocked by its inclusion on overseas blacklists. What safeguards will be put in place, or what assurances can the Minister give, that the scope of the mandatory blacklist will not, once the filtering regime is implemented, be expanded to include politically controversial material such as websites which allegedly promote anorexia. How can Australians be confident that the Government’s proposed filtering regime will not wrongly block access to material dealing with political, activist, creative and governmental matters. What is the mechanism by which the complaints-based ACMA blacklisting will be expanded to examine a broader range of Internet content. What resources and expertise are to be provided to ACMA to enable it to properly identify illegal or prohibited material under an expanded scheme. What assurances can the Minister give Australian businesses that access to their websites will not be wrongly blocked by the Government’s proposed filtering regime. 562 Conroy, Sen Stephen 3L6 Victoria ALP Minister for Broadband, Communications and the Digital Economy 1 Senator Conroy —The answer to the honourable senator’s question is as follows: At 30 November 2008, the list contained 1370 URLs. The 1370 URLs on the blacklist relate to 1125 separate domains. There are currently 1370 active URLs on the list. As at 30 November 2008, of the URLs on the blacklist: 0 relate to Internet content which is or would be classified MA15+; 65 relate to Internet content which is or would be classified R18+; 441 relate to Internet content which is or would be classified X18+; 864 relate to Internet content which is or would be refused classified (RC); 674 relate to Internet content which is or would be refused classification in accordance with paragraph 1(b) of the Films Table of the National Classification Code because it depicts in a way likely to cause offence to a reasonable adult a person who is (or appears to be) a child under 18.  (A)   Of these 674 URLs, 126 URLs were referred to the Australian Federal Police. (B)    By agreement with the Australian Federal Police, of these 674 URLs, 548 URLs were referred to hotlines which are members of the International Association of Internet Hotlines, for assessment under applicable legislation in the countries concerned, and referral to the relevant law enforcement agencies in those countries, if appropriate. None. If ACMA asks the Classification Board to classify an item of content that is hosted outside Australia, ACMA does not take any further action in relation to the content until it is advised of the Classification Board’s decision. The Broadcasting Services Act 1992 defines prohibited content. The Broadcasting Services Act does not regulate possession, distribution or sale of content – these matters are generally regulated under state and territory laws, and laws such as the Criminal Code Act 1995. Accessing child pornography material using a ‘carriage service’ (eg internet or mobile phone) is a criminal offence under the Commonwealth Code Act 1995. Possession of RC material is an offence in Western Australia and the prescribed areas in the Northern Territory. In all states and territories it is an offence to possess RC material if the person does so with the intention to sell it. The details of the Government’s ISP filtering policy will be finalised following the conclusion of the Pilot. At 30 November 2008, ACMA had made arrangements to access URL lists maintained by the United Kingdom (UK) Internet Watch Foundation (IWF) and the United States (US) National Centre for Missing and Exploited Children (NCMEC). Both lists contain only URLs relating to material that would be regarded as child sexual abuse material under applicable UK and US legislation. Material of this nature is likely to be refused classification in accordance with paragraph 1 (b) of the Films Table of Australia’s National Classification Code, because it depicts in a way likely to cause offence to a reasonable adult, a child under 18, and therefore is potential prohibited content under the BSA. To help ensure that lists acquired from overseas bodies align with the BSA definition of prohibited content and potential prohibited content, ACMA proposes to: carefully scrutinise the criteria applicable to the lists to ensure that they align with the relevant National Classification Code categories; carefully scrutinise the policies and procedures of the body maintaining the list, for adding URLs to its list, and removing URLs from the list when they no longer provide access to problematic material; undertake appropriate assessment of each list; discuss with the relevant body any apparent trend toward including URLs relating to content that is not prohibited content or potential prohibited content under the BSA. Yes I am aware of allegations about this but have seen no evidence to confirm this. ACMA is responsible for the compilation of URLs referred to as the ACMA blacklist, under the provisions of the Broadcasting Services Act 1992. This legislation sets out categories of material which are classed as ‘prohibited’. The Government has no plans to expand the scope of prohibited material. Inclusion of sites on overseas blacklists is a matter for the relevant governments of the countries concerned. URL’s added to the ACMA blacklist from international lists will be done so under the process outlined above.   The definition of prohibited content cannot be expanded without changes to legislation passed by Parliament. The Government has no plans to extend the definition of prohibited material. What is placed on the ACMA blacklist is defined in legislation. Adherence to these processes is a high priority for ACMA. See also answer to Question 8. Amending the definitions of prohibited content and potential prohibited would require amendment of the BSA or classification legislation by Parliament. ACMA employs former members of the Classification Board as well as undertaking regular, formal training provided by the Classification Board. The budget for ACMA’s Content Assessment Section, which administers ACMA’s complaint handling role for online content, includes provision for staff training and development in the areas of content classification and online technologies, and for fees paid to the Classification Board for classification of online content when required. ACMA is also improving the visibility and usability of its online reporting mechanism, to help ensure that members of the public who have concerns about online content are easily able to make a complaint to ACMA about it. The technical feasibility of filtering technologies including over-blocking of legitimate sites will be tested by the Government in the upcoming live pilot trial. An evidence-based approach will be taken to the implementation of Government policy. 564 564 879 564 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Minister for Innovation, Industry, Science and Research, upon notice, on 24 November 2008: In regard to the Minister’s administered portfolio area, for 2007-2008*, can lists be provided for: (a) the top 5 program overspends and their costs; and (b) the top 5 program underspends and their costs. * changed from calendar year 2008, as clarified by Senator Ronaldson’s Office 564 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The answer to the honourable senator’s question is as follows: For 2007-08, my portfolio had 3 programs which had an overspend compared to their estimated actuals as disclosed in the Portfolio Budget Statements 2008-09 as detailed below: Innovation: Pharmaceuticals Partnerships Program - $8.204m Innovation: COMET - $3.716m Innovation: LPG Vehicle Scheme - $2.836m The top 5 program underspends were: Innovation: Commercial Ready - $24.274m Innovation: Textile, Clothing & Footwear – Structural Adjustment Program - $6.026m Innovation: Enterprise Connect - $2.550m Innovation: Industry Cooperative Innovation Program - $1.319m Innovation: Intermediary Access Program - $1.102m 565 565 969 565 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Minister representing the Prime Minister, upon notice, on 25 November 2008: With reference to the 2008 Australian National Audit Office (ANAO) Audit into the management of credit cards at four Commonwealth departments and agencies (report no. 37 of 2007-08, Management of credit cards): For the 2008 calendar year, how many credit card transactions were subject to the ANAO audit For the 2008 calendar year: (a) how many instances did ANAO discover where Commonwealth credit card purchases were split in order to acquire goods and/or services that were in excess of the cardholder’s transaction limits; and (b) for each instance, can an itemised list be provided of:  (i) the goods and services that were acquired, and (ii) the name of the agency where the purchases were made. For the 2008 calendar year, how many violations of the Financial Management and Accountability Act 1997 (the Act) using Commonwealth credit cards were discovered by ANAO; and (b) how many of these violations involved breaches of Section 60 of the Act. For the 2008 calendar year, how many violations of the Act were committed by each of the four agencies audited. Can an itemised list be provided of the items or services purchased through improper use of Commonwealth credit cards that were discovered in the audit. For the 2008 calendar year: (a) how many violations of Order 2.5 of the Act were discovered by the audit; and (b) what percentage of incidents violated: (i) section 60, and (ii) Order 2.5, of the Act. For the 2008 calendar year, can an itemised list be provided of goods and services acquired by all misuse of Commonwealth credit cards. 565 Evans, Sen Chris AX5 Western Australia ALP Minister for Immigration and Citizenship 1 Senator Chris Evans —The Prime Minister has provided the following answer to the honourable senator’s question: ANAO audit report no. 37 of 2007-08 refers to transaction and other data for the 2006–07 financial year. In the 2006-07 audit sample, the ANAO identified 10 transactions where amounts paid for purchases were split so that the transaction limits of the cardholder were not exceeded. (See paragraph 4.17 of the report). All expenditure items were for official purchases, and comprised: 4 transactions for telephone bills; 3 transactions for training; 1 transaction for accommodation; 1 transaction for a Comcar service; and 1 transaction for printing. Each of the transactions was made by the (now) Department of Broadband, Communications and the Digital Economy.     In the 2006-07 audit sample, there was one instance. One (which was promptly reimbursed, as described in paragraph 4.24 of the report). In the 2006-07 audit sample, there was one breach by one agency. Violations of Section 60: As described in the response to Question 3(b), there was one instance of incidental personal use, which was identified by the cardholder and promptly reimbursed, technically breaching Section 60 (see paragraph 4.24 of the report). This occurred on a weekend and the misuse was reported and a reimbursement made to the department on the following Monday. Transactions being split to avoid exceeding transaction limits: 10 instances (as listed in response to Question 2(b)) Purchase limits exceeded: 1 instance, accommodation costs exceeded the maximum transaction limit for the cardholder. Please note that this list does not include transactions where there was doubt as to whether FMA Regulation 9 had been satisfied when approving credit card expenditures. In these instances there was no record of appropriate written approval but it was possible that appropriate oral approval was provided. Nil in 2006-07 audit sample. One in number and 0.16 per cent of the sample violated Section 60 of the Act. Please see response to Question 5. 566 566 989 and 990 566 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Minister representing the Minister for Resources and Energy and the Minister representing the Minister for Tourism, in writing, on 25 November 2008: How many Commonwealth credit cards have been issued to departmental and agency staff within the Minister’s portfolio. How many Commonwealth credit cards have been issued to departmental and agency staff that fall within the responsibility of the Minister’s associated Parliamentary Secretary or Secretaries. Within the Minister’s portfolio, how many Commonwealth credit cards have been issued to: (a) staff employed under the Members of Parliament (Staff) Act 1984; (b) the Minister; and (c) the Minister’s associated Parliamentary Secretary or Secretaries. For each Commonwealth credit card issued in (3) above, what was the date of its issue. 566 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The Minister for Resources and Energy and the Minister for Tourism has provided the following answer to the honourable senator’s question: As at November 2008 the department and agencies within the Ministers portfolio held the following number of active Commonwealth credit cards - RET - 265, GA - 75 , TA - 161, NOPSA - 11 Nil. Nil. (b) Nil. (c) Nil. Not applicable as no credit cards issued under question 3. 566 566 1016 566 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Minister representing the Minister for Finance and Deregulation, upon notice, on 25 November 2008: Has the Minister or any associated Parliamentary Secretary travelled overseas on parliamentary or ministerial business since 25 November 2007; if so, for each trip: What was the purpose. How many nights were spent overseas. What were the dates and venues. How many meetings did the Minister or Parliamentary Secretary attend. How many departmental and/or personal ministerial staff accompanied the Minister or Parliamentary Secretary. What was the aggregate cost. Can an itemised account be provided of the costs for the following: (a) transportation; (b) travel allowance; (c) accommodation; (d) meals; and (e) other expenses, paid for by the Commonwealth in relation to the Minister, Parliamentary Secretary and their staff. 567 Sherry, Sen Nick ZW4 Tasmania ALP Minister for Superannuation and Corporate Law 1 Senator Sherry —The Minister for Finance and Deregulation has supplied the following answer to the honourable senator’s question: Official travel to New Zealand: To attend the Australia New Zealand Leadership Forum. One. 13 to 14 June 2008; Wellington. Four meetings including the Forum. Accompanied by one Members of Parliament (Staff) Act 1984 employee. and (7) Costs of official overseas travel by Ministers, Parliamentary Secretaries, accompanying spouses (where relevant) and accompanying staff employed under the Members of Parliament (Staff) Act 1984 are paid for by the Department of Finance and Deregulation (Finance). Preparation of answers to questions (6) and (7) would require a significant diversion of resources by Finance. Dates, destinations, the purpose and aggregate costs of all official overseas travel are tabled in the Parliament every six months in a report titled Parliamentarians’ Travel Paid By The Department of Finance and Deregulation. Further information on Ministerial visits is also available on ministerial web sites and in media releases and media reports. Official travel to the United Kingdom, the Netherlands and France: To hold a series of bilateral discussions on deregulation, the world economic outlook and prospects for financial markets. Nine. 2 to 10 July 2008; London, Amsterdam and Paris. 34 meetings including working lunches and dinners. Accompanied by one departmental official and one Members of Parliament (Staff) Act 1984 employee. $14,216.77 for the departmental official. and (7) Costs of official overseas travel by Ministers, Parliamentary Secretaries, accompanying spouses (where relevant) and accompanying staff employed under the Members of Parliament (Staff) Act 1984 are paid for by the Department of Finance and Deregulation (Finance). Preparation of answers to questions (6) and (7) would require a significant diversion of resources by Finance. Dates, destinations, the purpose and aggregate costs of all official overseas travel are tabled in the Parliament every six months in a report titled Parliamentarians’ Travel Paid by the Department of Finance and Deregulation. Further information on Ministerial visits is also available on ministerial web sites and in media releases and media reports. 568 568 1039 568 Milne, Sen Christine KA5 Tasmania AG 0 Senator Milne asked the Minister representing the Attorney-General, upon notice, on 27 November 2008: Further to question on notice no. 287 that refers to the series of bushfires that began burning on or about 6 December 2006 on the east coast of Tasmania, seriously damaging a number of areas, especially the Four Mile Creek district and its answer (Senate Official Hansard, 13 May 2008, p. 1 668): Can a breakdown be provided of the funds expended by the Affected Areas Recovery Committee. If a breakdown for (1) above cannot be provided, why not. 568 Wong, Sen Penny 00AOU South Australia ALP Minister for Climate Change and Water 1 Senator Wong —The Attorney-General has provided the following answer to the honourable senator’s question: The following link, the Report on the Tasmanian East Coast Fires, (Appendix 1) provides a list of projects funded using the Community Recovery Funds. Appendix 4 of the Report notes the commitment of funding. http://www.bodc.tas.gov.au/webdata/resources/files/East_Coast_Fires_Recovery_Final_Report_signed.pdf The administration of these funds is not yet complete and is subject to acquittal through an independent audit process. The acquittal process with regard to the administration of the Tasmanian East Coast Bushfire Community Recovery Fund expenditure is provided below. The Affected Area Recovery Committee’s (the Committee) Terms of Reference require the Committee to report to the Tasmanian Government. The Tasmanian Government, through its Department of Finance and Treasury, will submit a consolidated Natural Disaster Relief and Recovery Arrangements (NDRRA) claim for total expenditure incurred in the relevant financial year/s on all eligible natural disaster events. A requirement for the provision of Australian Government assistance under the NDRRA (including community recovery funds) is that where a state submits a claim for financial reimbursement, they must submit an audited financial statement in support of that claim within six months after the end of the financial year in which the claim was made. With regard to all NDRRA eligible Tasmanian expenditure, the acquittal process will be undertaken by the Tasmanian Audit Office. The audit process is due for completion by 31 December 2009. 568 568 1040 568 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Special Minister of State, upon notice, on 27 November 2008: Since 1 December 2007, how many government staff employed under the Members of Parliament (Staff) Act 1984 (MoPS) have been provided with a motor vehicle as part of their remuneration package. In which ministerial or parliamentary secretarial offices do these staff work and if certain offices have more than one such MoPS staffer, please specify the number of staff and the offices where they work. Since 1 December 2007, what is the make, model and value of each motor vehicle provided to each government MoPS staff adviser as part of their remuneration package. Since 1 December 2007, did any government MoPS staff take up the option to upgrade the motor vehicle provided to them as part of their remuneration package to another make or model; if so: (a) what was the make, model and value of each upgraded vehicle; and (b) how much was paid in upgrade fees for each vehicle. For each motor vehicle, can a detailed accounting of the costs incurred over the past 12 months by government MoPS staff in the use of the motor vehicle provided to them as part of their remuneration package be provided for: (a) petrol; (b) car maintenance; and (c) car insurance premiums. 569 Faulkner, Sen John 5K4 New South Wales ALP Special Minister of State and Cabinet Secretary 1 Senator Faulkner —The answer to the honourable senator’s question is as follows: Thirty eight. (2)   Office Number Assistant Treasurer, Minister for Competition Policy and Consumer Affairs 2* Minister for Agriculture, Fisheries and Forestry 1 Minister for Broadband, Communications and the Digital Economy 1 Minister for Trade 1 Minister for Home Affairs 1 Minister for Ageing 1 Minister for Immigration and Citizenship 2 Special Minister of State 1 Minister for Resources and Energy, Minister for Tourism 1 Minister for Defence 2* Minister for the Environment, Heritage and the Arts 1 Minister for Education, Minister for Employment and Workplace Relations, Minister for Social Inclusion 1 Minister for Veterans’ Affairs 1 Minister for Superannuation and Corporate Law 1 Minister for Human Services 1 Attorney-General 2 Minister for Health and Ageing 2 Prime Minister 12** Minister for Defence Science and Personnel 1 Treasurer 2 Minister for Finance and Deregulation 1 * Includes one former staff member. ** Includes two former staff members. (3) Make Model Number Lease Costs Ford Falcon XR6 1 Monthly lease rates vary from $612.50 to $1,186.49, according to make and model, lease length and annual kilometres specified, and a range of commercial variables applied by the fleet provider at the date of commencement of the lease. Territory 8 Holden Adventra 1 Astra 2 Berlina 1 Calais 12 Commodore SV6 2 Commodore SS 3 Omega 1 Mitsubishi 380 3 Toyota Aurion 5 Camry 1 Corolla 1 Prius 4 Total Lease Costs for the period $357,149 Note: Some employees have had more than one vehicle as they were provided interim vehicles during the period that the car they had ordered was being sourced. Nil. Due to the manner in which the reports of the Department’s fleet manager are constructed, it is not possible to provide a comprehensive vehicle by vehicle breakdown without a significant diversion of resources. The total cost of fuel provided for all vehicles listed in the table above, for the period, is $59,088.76. General maintenance such as car services is included in the lease costs. Other maintenance costs for all vehicles listed in the table above, for the period, is $11,239.51. Vehicle insurance premiums are included in the lease costs. 570 570 1093 570 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister for Immigration and Citizenship, upon notice, on 4 December 2008: For the period 1 December 2007 to 30 June 2008, what funds has the Government committed to spend under regulation 10 of the Financial Management and Accountability Act 1997 (the Act) for each department and/or agency that operates under the Act in the Minister’s portfolio; and (b) how much of this commitment was approved: (i) at the department or agency level, and (ii) by the Minister for Finance and Deregulation. \ How much depreciation funding for each department or agency in the Minister’s portfolio: (a) was available as at 30 June 2008; (b) was spent in the 2007-08 financial year; and (c) was spent in the 2007-08 financial year to directly replace assets for which it was appropriated. 570 Evans, Sen Chris AX5 Western Australia ALP Minister for Immigration and Citizenship 1 Senator Chris Evans —The answer to the honourable senator’s question is as follows: Department of Immigration and Citizenship: $375 million at departmental level nil The department does not segregate the appropriation receivable balance for specific items. The budget is allocated to priorities on the basis of need and the department does not try to allocate funding from particular sources to particular programs. The depreciation and amortisation expense reflected in the 2007-08 Portfolio Additional Estimates was $99.3 million while the 2008-09 Portfolio Budget Statements had $97.394 million. $94.722 million was reported as depreciation and amortisation expense in the 2007-08 financial statements. The department does not specifically record whether assets purchased are replacement assets. The department spent $32.042 million of corporate funding on assets which would include replacement assets. Migration Review Tribunal and the Refugee Review Tribunal: nil nil The Tribunals do not segregate the appropriation receivable balance for specific items. The budget is allocated to priorities on the basis of need and the department does not try to allocate funding from particular sources to particular programs. The depreciation expense reflected in the 2007-08 Portfolio Additional Estimates was $1.527 million while the 2008-09 Portfolio Budget Statements had $1.993 million. $1.687 million was reported as depreciation and amortisation expense in the 2007-08 financial statements. The Tribunals do not record separately purchases of assets that are replacement assets. The Tribunals spent $1.689 million on capital expenditure in the 2007-08 financial year. 571 571 1101 571 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, upon notice, on 3 December 2008: For the period 1 December 2007 to 30 June 2008, what funds has the Government committed to spend under regulation 10 of the Financial Management and Accountability Act 1997 (the Act) for each department and/or agency that operates under the Act in the Minister’s portfolio; and (b) how much of this commitment was approved: (i) at the department or agency level, and (ii) by the Minister for Finance and Deregulation. How much depreciation funding for each department or agency in the Minister’s portfolio: (a) was available as at 30 June 2008; (b) was spent in the 2007-08 financial year; and (c) was spent in the 2007-08 financial years to directly replace assets for which it was appropriated. 571 Conroy, Sen Stephen 3L6 Victoria ALP Minister for Broadband, Communications and the Digital Economy 1 Senator Conroy —The Minister for Infrastructure, Transport, Regional Development and Local Government has provided the following answer to the honourable senator’s question: The Department of Infrastructure, Transport, Regional Development and Local Government (Infrastructure) is the only agency in the portfolio that operates under the Financial Management and Accountability Act 1997. Details of Infrastructure’s commitments are available in its audited financial statements in the 2007-08 Annual Report. There were no instances of the Minister for Finance and Deregulation approving commitments between  1 December 2007 and 30 June 2008. The 2007-08 departmental depreciation and amortisation expense for each portfolio agency that receives budget funding is disclosed in their respective 2007-08 Annual Reports. Details of cash used for the purchase of property, plant and equipment and intangibles are available for each portfolio agency in their respective 2007-08 Annual Reports. Of the amounts referred to in 2(b) above the following amounts were spent on asset replacement: Infrastructure – $18.044m CASA – $7.571m AMSA – $7.387m 572 572 1103 572 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister for Innovation, Industry, Science and Research, upon notice, on 3 December 2008: For the period 1 December 2007 to 30 June 2008, what funds has the Government committed to spend under regulation 10 of the Financial Management and Accountability Act 1997 (the Act) for each department and/or agency that operates under the Act in the Minister’s portfolio; and (b) how much of this commitment was approved: (i) at the department or agency level, and (ii) by the Minister for Finance and Deregulation. How much depreciation funding for each department or agency in the Minister’s portfolio: (a) was available as at 30 June 2008; (b) was spent in the 2007-08 financial year; and (c) was spent in the 2007-08 financial year to directly replace assets for which it was appropriated. 572 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The answer to the honourable senator’s question is as follows: From 1 December 2007 to 30 June 2008 the Department, the Australian Research Council and IP Australia committed to spending under Regulation 10 of the Financial Management and Accountability Act a total of $455,589,215, approved as follows: $335,589,215 at the Department and agency level, and $120,000,000 by the Minister for Finance and Deregulation Departmental funding is allocated to the Government’s priorities on the basis of need. The depreciation and amortisation expenses for the Department and agencies for 2007-2008 were as follows:   $’000 Department of Innovation, Industry, Science and Research  18,338 Commonwealth Scientific and Industrial Research Organisation  76,794 Australian Nuclear Science and Technology Organisation  60,833 Australian Institute of Marine Science  5,698 Australian Research Council  512 Anglo - Australian Telescope Board  3,076 Intellectual Property Australia  8,020 Australian Institute of Aboriginal and Torres Strait Islander Studies  1,175   The amounts spent on the purchase of assets for the Department and agencies for 2007-2008 were as follows:       $’000 Department of Innovation, Industry, Science and Research  26,016 Commonwealth Scientific and Industrial Research Organisation  110,765 Australian Nuclear Science and Technology Organisation  34,876 Australian Institute of Marine Science  11,782 Australian Research Council  1,709 Anglo - Australian Telescope Board  92 Intellectual Property Australia  14,079 Australian Institute of Aboriginal and Torres Strait Islander Studies  184    573 573 1124 573 Ronaldson, Sen Michael XT4 Victoria LP 0 Senator Ronaldson asked the Minister representing the Minister for Foreign Affairs, upon notice, on 3 December 2008: As at 2 December 2008, can a list be provided of: (a) each appointment or reappointment made by the department to overseas ambassadorial posts since 1 December 2007; and (b) each of the department’s overseas ambassadorial nominations where no formal appointment or reappointment has been made to overseas ambassadorial posts since 1 December 2007. 573 Faulkner, Sen John 5K4 New South Wales ALP Special Minister of State and Cabinet Secretary 1 Senator Faulkner —The following answer has been provided by the Minister for Foreign Affairs to the honourable senator’s question: The following table sets out the Government’s appointments of heads of missions/posts since 1 December 2007.   Overseas Mission Date of Appointment NOUMEA 7 December 2007 KUWAIT 29 December 2007 BRASILIA 7 January 2008 DILI 9 January 2008 MEXICO CITY 13 January 2008 PARIS OECD 21 January 2008 ACCRA 9 February 2008 RIYADH 16 February 2008 COLOMBO 2 March 2008 MANILA 13 March 2008 THE HAGUE 27 March 2008 PARIS 27 March 2008 KABUL 31 March 2008 CHICAGO 2 April 2008 ATHENS 2 April 2008 HONG KONG 17 April 2008 RANGOON 28 May 2008 CAIRO 2 June 2008 NICOSIA 7 June 2008 MOSCOW 18 June 2008 BANGKOK 10 July 2008 WARSAW 18 July 2008 SHANGHAI 28 July 2008 BAGHDAD 13 August 2008 LONDON 3 September 2008 BUENOS AIRES 12 September 2008 TEHRAN 16 September 2008 HO CHI MINH CITY 19 September 2008 HANOI 24 September 2008 SINGAPORE 23 October 2008 OTTAWA 2 November 2008   The Government, not the Department of Foreign Affairs and Trade, nominates appointees for overseas ambassadorial posts. 574 574 1182 574 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister for Innovation, Industry, Science and Research, upon notice, on 16 December 2008: With reference to the Government’s website www.greenvehicleguide.gov.au: Does the Minister endorse this website. When did the Minister, his office and/or the department become aware that this website is used by the Queensland and Tasmanian state governments as a reference for their vehicle fleet procurement policies. Was either the Minister, his office and/or the department consulted about this website being used as a reference in the aforementioned procurement policies. Does the Minister support the use of this website in the procurement policies of the Queensland or Tasmanian state governments. Will Ford’s new Euro IV compliant engine, to be built in Geelong, Victoria, score 5.5 or better on this website. What involvement does the department have in maintaining this website. Does the Minister agree that the Queensland and Tasmanian vehicle procurement policies are inherently biased against Australian-made cars. How is the use of the website by the Queensland and Tasmanian state governments consistent with the Federal Government’s own guidelines that cars for their fleet should be primarily Australian-built. Has either the Minister, his office and/or the department had any discussions with the Queensland and Tasmanian state governments about their vehicle procurement policies; if so: (a) was the use of the website in their procurement policies discussed; and (b) can details of these discussions be provided. Has either the Minister, his office, and/or the department had any discussions with the governments of the Australian Capital Territory, Western Australia and New South Wales about their vehicle procurement policies; if so, can details of these discussions be provided. 574 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The answer to the honourable senator’s question is as follows: The Green Vehicle Guide (GVG) website is a longstanding Commonwealth Government service, which continues to be supported and enhanced by the current Government. I, my office and my department have been aware of the use of the GVG website by a range of individuals and organisations, including State and Territory governments as a reference in their vehicle purchasing decisions for some time. My department is engaged in ongoing consultation with State and Territory government officials about a range of transport environmental issues, including the GVG and its use as a reference for fleet procurement policies. The GVG was developed under the previous Government to provide model-specific information on the environmental performance of vehicles. The website has been improved by the current Government to help inform the vehicle purchasing decisions of all interested parties, whether private, government or business. The Minister for Infrastructure, Transport, Regional Development and Local Government has responsibility for the GVG. I am advised that the GVG ratings for vehicles powered by Ford’s new Euro 4 compliant engine, to be built in Geelong, will not be known until Ford submits emissions and fuel consumption data for the completed vehicles. My department has no involvement in maintaining the GVG website. The Department of Infrastructure, Transport, Regional Development and Local Government has responsibility for the GVG website. No. The Minister for Finance and Deregulation has responsibility for Commonwealth vehicle fleet procurement guidelines. The Australian Government’s fleet procurement arrangements are based on the selection of operationally suitable, value for money vehicles. Within this framework, the Government supports Australian vehicle manufacturers and manages an environmental fleet program which references the GVG. My department has discussed Commonwealth, State and Territory government vehicle procurement policies at meetings of the Australian Transport Council (ATC) and Environment Protection and Heritage Council (EPHC) Vehicle Fuel Efficiency Working Group. Officials of the Queensland Government have attended these meetings. To my knowledge, the Tasmanian Government has not been represented at these meetings. Yes. The ATC and EPHC Vehicle Fuel Efficiency Working Group’s discussions supported the production of a public discussion paper, Vehicle Fuel Efficiency: Potential measures to encourage the uptake of more fuel efficient, low carbon emission vehicles, which was released on 12 September 2008 (see www.environment.gov.au/settlements/transport). Officials of the Australian Capital Territory, Western Australia and New South Wales Governments have the meetings referred to in the response to (9) above. 575 575 1186 575 Cormann, Sen Mathias HDA Western Australia LP 0 Senator Cormann asked the Minister representing the Minister for Ageing, upon notice, on 17 December 2008: (a) As at 17 December 2008, how many state and territory government aged care facilities are under sanction; and (b) can a breakdown of those services under sanction be provided. 575 Ludwig, Sen Joe 84N Queensland ALP Minister for Human Services 1 Senator Ludwig —The Minister for Ageing has provided the following answer to the honourable senator’s question: One State Government aged care service was under sanction as at 17 December 2008. The sanction expired on 19 December 2008. The service under sanction was Yaralla Place, Maryborough Queensland. The approved provider is Queensland Health. 576 576 1192 576 Cormann, Sen Mathias HDA Western Australia LP 0 Senator Cormann asked the Minister representing the Minister for Ageing, upon notice, on 17 December 2008: Has the department convened discussions with Deans of Nursing about how to address aged care workforce needs: if so, what was the outcome of those discussions; if not: (a) why not; and (b) are discussions expected to be held and when. 576 Ludwig, Sen Joe 84N Queensland ALP Minister for Human Services 1 Senator Ludwig —The Minister for Ageing has provided the following answer to the honourable senator’s question: The Chief Nursing and Midwifery Officer (CNMO) has established a regular meeting with the Council of Deans of Nursing and Midwifery to discuss workforce issues, including aged care. The last meeting was held on 21 November 2008 with discussions to continue in 2009. 576 576 1193 576 Cormann, Sen Mathias HDA Western Australia LP 0 Senator Cormann asked the Minister representing the Minister for Ageing, upon notice, on 17 December 2008: As at 17 December 2008, how many state and territory government facilities are under sanctions. 576 Ludwig, Sen Joe 84N Queensland ALP Minister for Human Services 1 Senator Ludwig —The Minister for Ageing has provided the following answer to the honourable senator’s question: One state and territory government facility was under sanction as at 17 December 2008. The sanction expired on 19 December 2008. 576 576 1195 576 Cormann, Sen Mathias HDA Western Australia LP 0 Senator Cormann asked the Minister representing the Minister for Ageing, upon notice, on 17 December 2008: What training has Aged Care Assessment Team personnel received in relation to assessing potential residents for aged care? 576 Ludwig, Sen Joe 84N Queensland ALP Minister for Human Services 1 Senator Ludwig —The Minister for Ageing has provided the following answer to the honourable senator’s question: Aged Care Assessment Teams (ACATs) are multi-disciplinary teams of a range of health professionals with substantial experience in assessing the care needs of frail older people. Teams may include geriatricians, physicians, nurses, social workers, physiotherapists, occupational therapists and psychologists. Under the Aged Care Assessment Program (ACAP) National Training Strategy, a range of measures have been introduced to provide additional training for ACAT members. 576 576 1196 576 Ludlam, Sen Scott I07 Western Australia AG 0 Senator Ludlam asked the Minister for Innovation, Industry, Science and Research, upon notice, on 18 December 2008: When the OPAL research reactor is operating at full capacity, what is the heat output per cubic metre of spent nuclear fuel when it is first removed from the reactor; and (b) if the answer to (a) is above 2kW/m3, after what period of time does the heat output fall below 2kW/m3. What is the heat output for a single spent fuel element when first removed from the reactor. What is the volume of each spent fuel element. How many spent fuel elements does the OPAL reactor discharge annually. Can a full list be provided of the names, quantities and half-lives of radionuclides contained in spent nuclear fuel when it is first removed from the OPAL reactor. Can detailed information be provided on medical radioisotope supply arrangements during the periods when the OPAL reactor has not been operating or has been operating at less than full capacity. Can any independently-verifiable information be provided to support the information provided in the answer to question 6. 577 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The answer to the honourable senator’s question is as follows: and (b) The term “when it is first removed from the reactor” is unclear. When first removed from the reactor core, the spent fuel is moved to another location within the reactor pool itself. After 30 days, it is moved underwater into storage racks in the reactor service pool, adjacent to and connected with the main pool. Spent fuel is not removed from the reactor building until at least seven years after removal from the core. We have therefore provided three figures: (1) at time of removal from the reactor core; (2) at time of movement from the reactor pool to the service pool; and (3) seven years after removal from the reactor core, being the time assumed for removal from the reactor building.   Time Volumetric heat load [kW/m 3 ] At removal from the core 996 At time of movement from the reactor pool to the service pool 241 Seven years after removal from the reactor core 1.5   eat output falls below 2 kW/m3 5.37 years after removal from the core.   Time after discharge Heat load per fuel assembly [kW] At removal from the core 6.74 At time of movement from the reactor pool to the service pool 1.63 Seven years after removal from the reactor core 0.01   0.007 of a cubic metre. When operating as planned, the OPAL reactor will discharge approximately 36 spent fuel elements per year. The significant fission product and actinide isotopes, their half-lives and their activities are provided in Table 2, which is prepared on the same basis as the tables included in the responses to questions (1)(a) and (2).   Isotope Half-life Activity [Bq] At removal from the core At time of movement from the reactor pool to the service pool Seven years after removal from the reactor core BR84 31.8 min 8.92 Nil Nil KR85 10.7 yr 2.74 x 1012 2.73 x 1012 1.74 x 1012 KR85M 268.8 min 1.06 x 1013 Nil Nil KR87 76.3 min 1.81 x 109 Nil Nil KR88 170.4 min 3.48 x 1012 Nil Nil RB88 17.8 min 3.88 x 1012 Nil Nil SR89 50.6 day 1.53 x 1015 1.03 x 1015 Nil SR90 28.1 yr 2.13 x 1013 2.13 x 1013 1.81 x 1013 Y90 64.1 hr 2.30 x 1013 2.13 x 1013 1.81 x 1013 SR91 571.2 min 3.42 x 1014 Nil Nil Y91 58.5 day 1.80 x 1015 1.28 x 1015 1.28 x 102 Y91M 49.7 min 2.18 x 1014 Nil Nil SR92 162.6 min 4.38 x 1012 Nil Nil Y92 212.4 min 6.45 x 1013 Nil Nil Y93 10.1 hr 4.31 x 1014 Nil Nil ZR93 1,500,000 yr 4.63 x 108 4.64 x 108 4.64 x 108 ZR95 64.0 day 1.95 x 1015 1.42 x 1015 1.84 x 103 NB95 35.0 day 1.57 x 1015 1.60 x 1015 4.08 x 103 ZR97 16.9 hr 7.78 x 1014 3.11 x 102 Nil NB97 72.1 min 7.81 x 1014 3.36 x 102 Nil NB97M 60.0 s 7.37 x 1014 2.95 x 102 Nil MO99 65.9 hr 1.67 x 1015 1.12 x 1012 Nil TC99 211,000 yr 2.93 x 109 3.00 x 109 3.00 x 109 TC99M 360.6 min 1.59 x 1015 1.08 x 1012 Nil RU103 39.3 day 1.19 x 1015 7.13 x 1014 Nil RH103M 56.1 min 1.07 x 1015 6.43 x 1014 Nil RU105 266.4 min 1.28 x 1013 Nil Nil RH105 35.4 hr 3.02 x 1014 3.61 x 108 Nil RU106 371.6 day 6.01 x 1013 5.69 x 1013 4.89 x 1011 RH106 29.8 s 6.01 x 1013 5.69 x 1013 4.89 x 1011 SB125 997.1 day 1.89 x 1012 1.91 x 1012 3.40 x 1011 SB127 92.4 hr 6.17 x 1013 3.33 x 1011 Nil TE127 561.0 min 6.36 x 1013 5.54 x 1012 5.49 x 105 SB129 264.0 min 5.89 x 1012 Nil Nil TE129 69.6 min 3.30 x 1013 1.43 x 1013 Nil TE129M 33.6 day 4.00 x 1013 2.20 x 1013 Nil TE131 25.0 min 1.81 x 1013 1.88 x 106 Nil TE131M 30.0 hr 8.03 x 1013 8.33 x 106 Nil I131 193.0 hr 1.02 x 1015 8.51 x 1013 Nil TE132 78.2 hr 1.27 x 1015 2.66 x 1012 Nil I132 137.0 min 1.31 x 1015 2.74 x 1012 Nil TE133 12.5 min 2.54 x 106 Nil Nil TE133M 55.4 min 1.51 x 107 Nil Nil I133 20.8 hr 1.11 x 1015 9.36 x 104 Nil XE133 125.8 hr 2.28 x 1015 5.53 x 1013 Nil XE133M 52.6 hr 6.49 x 1013 8.85 x 109 Nil TE134 41.8 min 9.88 x 104 Nil Nil I134 52.6 min 6.67 x 107 Nil Nil CS134 753.1 day 2.31 x 1013 2.25 x 1013 2.20 x 1012 I135 394.2 min 1.81 x 1014 Nil Nil XE135 548.4 min 5.08 x 1014 Nil Nil XE135M 15.3 min 2.90 x 1013 Nil Nil CS137 30.0 yr 2.29 x 1013 2.28 x 1013 1.95 x 1013 BA137M 153.1 s 2.16 x 1013 2.16 x 1013 1.84 x 1013 CS138 32.2 min 1.41 x 102 Nil Nil BA139 84.6 min 1.48 x 1010 Nil Nil BA140 12.8 day 2.19 x 1015 4.55 x 1014 Nil LA140 40.3 hr 2.35 x 1015 5.24 x 1014 Nil LA141 235.2 min 3.28 x 1013 Nil Nil CE141 32.5 day 2.10 x 1015 1.13 x 1015 Nil LA142 91.1 min 4.90 x 1010 Nil Nil CE143 33.0 hr 1.25 x 1015 5.60 x 108 Nil PR143 13.6 day 2.05 x 1015 4.98 x 1014 Nil CE144 284.9 day 6.42 x 1014 5.98 x 1014 1.26 x 1012 PR144 17.3 min 6.42 x 1014 5.98 x 1014 1.26 x 1012 PR145 359.0 min 8.57 x 1013 Nil Nil ND147 11.0 day 7.80 x 1014 1.27 x 1014 Nil PM147 958.2 day 4.83 x 1013 5.48 x 1013 9.04 x 1012 PM148 128.9 hr 1.99 x 1014 5.14 x 1012 Nil ND149 103.5 min 2.76 x 1010 Nil Nil PM149 53.1 hr 5.79 x 1014 6.55 x 1010 Nil PM151 28.4 hr 9.20 x 1013 3.83 x 106 Nil SM151 90.0 yr 9.63 x 1010 9.95 x 1010 9.44 x 1010 SM153 46.3 hr 2.13 x 1014 6.94 x 109 Nil EU154 3138.2 day 1.05 x 1012 1.05 x 1012 5.99 x 1011 EU155 1709.3 day 6.67 x 1011 6.60 x 1011 2.51 x 1011 EU156 15.2 day 4.53 x 1013 1.21 x 1013 Nil U235 704 million yr 2.02 x 107 2.02 x 107 2.02 x 107 U237 6.75 day 7.75 x 1014 3.94 x 1013 6.82 x 107 U238 4.5 billion yr 2.40 x 107 2.40 x 107 2.40 x 107 NP237 2.14 million yr 5.08 x 107 5.72 x 107 5.76 x 107 NP238 2.117 day 1.20 x 1014 8.99 x 109 1.24 x 105 NP239 2.355 day 3.93 x 1015 7.71 x 1011 8.55 x 107 NP240 1.032 hr 4.24 x 106 Nil Nil PU238 87.7 yr 1.59 x 1011 1.67 x 1011 1.58 x 1011 PU239 24,100 yr 2.32 x 1010 2.43 x 1010 2.43 x 1010 PU240 6,560 yr 2.46 x 1010 2.46 x 1010 2.46 x 1010 PU241 14.4 yr 3.89 x 1012 3.88 x 1012 2.78 x 1012 AM241 432.7 yr 5.99 x 108 1.09 x 109 3.74 x 1010 CM242 162.8 day 1.26 x 1011 1.13 x 1011 2.28 x 107 CM244 18.1 yr 4.25 x 109 4.24 x 109 3.25 x 109   It should be noted that a Becquerel is a very small number: the average human body has an activity of around 8000 Bq. It should also be noted that the U235 and U238 are the “unburnt” portion of the uranium originally present in the fuel. (6)   As stated in the response to part 7 of question 733 of 4 September 2008, the major source of radiopharmaceuticals has been South Africa (NTP), with some also being imported from Canada (Nordion). Molybdenum-99 (the parent of technetium-99) has been purchased almost exclusively from NTP. Some supplies were procured from Nordion in 2007, but that has not happened over the past 12 months. Iodine-131 has been purchased from Nordion, with the exception of a single shipment purchased from NTP. Samarium-153 and Chromium-51 were irradiated in NTP’s reactor, using targets provided by ANSTO. Yttrium-90 has been imported by the company owning the rights (Sirtex Limited) from the United States and Germany, and provided to ANSTO for further processing. In all cases the supplies are procured in bulk, and are then processed into a form usable by medical professionals at ANSTO’s radiopharmaceutical production facilities at Lucas Heights. (7)   It would not be appropriate to provide further detailed information in relation to this matter. 580 580 1205 580 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, upon notice, on 23 December 2008: Was any complaint made to or any investigation initiated by the Australian Transport Safety Bureau (ATSB) in relation to the sinking of the Cap Favel off the West Coast of Tasmania earlier in 2008. Is there any intention by the ATSB to investigate the sinking of this vessel in the future. 580 Conroy, Sen Stephen 3L6 Victoria ALP Minister for Broadband, Communications and the Digital Economy 1 Senator Conroy —The Minister for Infrastructure, Transport, Regional Development and Local Government has provided the following answer to the honourable senator’s question: The ATSB was notified by the Australian Maritime Safety Authority of the sinking of the 43 metre steel fishing trawler, Kap Farvel, approximately 160 miles off the west coast of Tasmania on 16 November 2008. Information provided to the ATSB indicated that the vessel was unmanned and under tow to India, where it was to be scrapped, when it foundered in heavy weather. The circumstances of the incident were assessed by officers of the ATSB and a decision was made not to investigate the matter further. No. 581 581 1206 581 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Minister for Agriculture, Fisheries and Forestry, upon notice, on 23 December 2008: What is the Australian Fisheries Management Authority’s official position in relation to the use of flags of convenience on vessels in Australian waters? Does the Government have guidelines in relation to the use of flags of convenience; if so, can these guidelines be provided. Was the successful tenderer for the Taruman based in North Korea; if not, why did the Taruman sail under the North Korean flag. Does the Government believe that this is an example of the use of a ‘flag of convenience’. Was there any clause or caveat in the tender contract for the Taruman that prevented the use of a flag of convenience. 581 Sherry, Sen Nick ZW4 Tasmania ALP Minister for Superannuation and Corporate Law 1 Senator Sherry —The Minister for Agriculture, Fisheries and Forestry has provided the following answer to the honourable senator’s question: The Australian Fisheries Management Authority (AFMA) does not have an official position in relation to the use of flags of convenience on vessels in Australian waters. Australia does not currently allow any foreign-flagged vessels to fish within waters under its jurisdiction. The only exception is US vessels licensed under the Treaty between certain Pacific island countries and the United States and there is a process under the Fisheries Management Act 1991 for a foreign vessel to be deemed to be an Australian boat for the purposes of fishing in Australian waters. In recent years, this provision has been exercised to allow limited fishing under strict licence conditions. The Government does not have general guidelines in relation to the use of flags of convenience. The successful tenderer for the Taruman was not based in North Korea. The decision to use the North Korean flag was made by the successful tenderer. AFMA’s tender documentation did not require the tenderer to specify the flag under which the vessel would sail. The use of flags of convenience, or open registries, is common practice throughout the merchant shipping industry globally. Vessels flagged to open registries regularly visit Australian ports. While visits to Australian ports by vessels sailing under the North Korean flag are unusual it is not unprecedented and I am advised by the Australian Maritime Safety Authority (AMSA) that the last such visit was in May 2005. No. Instead of relying on flag State control to manage the operations of the vessel while en route to Mumbai, AFMA imposed a range of conditions on the new owner that enabled the vessel to be constantly monitored by AFMA. The vessel was rendered inoperable for fishing prior to sailing from Hobart. The Taruman has now been scrapped. I consider the permanent removal of the Taruman from the ranks of illegal fishing vessels to be a successful outcome. 582 582 1209 582 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Minister for Agriculture, Fisheries and Forestry, upon notice, on 23 December 2008: With reference to part 4 of question AFMA 02 taken on notice during the 2008‑09 supplementary Budget estimates hearing of the Rural and Regional Affairs and Transport Committee, ‘Was extra legal advice needed because of the international bidder’ and the answer, ‘Legal advice was obtained during the tender process to ensure that best practice procurement was followed’: Was any extra legal advice sought on the disposal tender of the Taruman (the reference to ‘extra’ means out of the normal course, that is, above the regular requirement for legal advice on tenders); if so: (a) who provided this advice; (b) what was the cost of this advice; and (c) would this advice have been sought if all bidders and/or the successful bidder had been domestic rather than international. 582 Sherry, Sen Nick ZW4 Tasmania ALP Minister for Superannuation and Corporate Law 1 Senator Sherry —The Minister for Agriculture, Fisheries and Forestry has provided the following answer to the honourable senator’s question: Yes. Legal advice was provided by the Australian Government Solicitor. The cost of the legal advice was $1,608.75. The need to seek the legal advice was not dependent on the country of origin of any bidder. 582 582 1211 582 Abetz, Sen Eric N26 Tasmania LP 0 Senator Abetz asked the Minister representing the Minister for Agriculture, Fisheries and Forestry, upon notice, on 5 January 2009: Further to the answer to question CC24 taken on notice during the 2008-09 supplementary Budget estimates hearings of the Rural and Regional Affairs and Transport Committee: Was Mr Tony Bartlett’s signing of the letter dated 23 June 2008, which was forwarded to the Executive Officers of the Private Forestry Development Committees (PFDCs), in any way associated with his move from the forestry section of the portfolio. How were state government agencies and individual PFDCs notified on 23 June 2008, was it by letter to be delivered via Australia Post, email, facsimile transmission etc (please specify). Did funding run out on 30 June 2008; if not, on what date did the funding run out. In regard to the answer given to part 5, can a more responsive answer be provided. If it was always known that the funding was to lapse on 30 June 2008, why was it necessary to provide any correspondence or communication to state government agencies and individual PFDCs on 23 June 2008. Specifically, what representations did the department make to any other department or to any minister’s office, specifying which to seek a continuation of the funding. Was the correspondence from Mr Bartlett, dated 23 June 2008, the result of a final decision in relation to the funding under the program. If it was always known that funding was to run out on 30 June 2008, why were letters confirming this not sent out earlier than 23 June 2008. Was the Minister reconsidering this decision; if so, when was the final decision made not to reconsider the lapsing of the funding arrangements. 583 Sherry, Sen Nick ZW4 Tasmania ALP Minister for Superannuation and Corporate Law 1 Senator Sherry —The Minister for Agriculture, Fisheries and Forestry has provided the following answer to the honourable senator’s question: As previously set out Mr Tony Bartlett’s move from the Forestry Branch of the portfolio reflected the view of the DAFF executive on where to best place senior executive officers. State government agencies and individual Private Forestry Development Committees (PFDCs) were notified by letter sent via email on 23 June 2008. Yes. The government announced Caring for our Country in March 2008 as a successor program to a range of environmental programs, including the NHT. Decisions about how to allocate Caring for our Country funding were made to best meet the program’s priorities. Following the announcement of the new Caring for our Country program in March 2008 a review of projects, including the PFDCs, which had previously received funding through the Natural Heritage Trust, was undertaken to examine whether funding should continue beyond 30 June 2008. The letter of 23 June 2008 to state agencies and PFDCs informed stakeholders that following this review funding for the PFDC would not be continued beyond 30 June 2008. The letter also advised of an upcoming Open Grants round of funding through which the PFDCs could apply for funding. No representations about the PFDC program were made to other departments or to any minister’s office. Refer part 5 above. It was always known that funding commitments to all NHT projects were to expire on 30 June 2008, in accordance with the contracts for these projects. The letter was sent for the reasons outlined at part 5 above. No. 583 583 1219 583 Milne, Sen Christine KA5 Tasmania AG 0 Senator Milne asked the Minister representing the Minister for Agriculture, Fisheries and Forestry, upon notice, on 15 January 2009: In regard to the proposed construction of the Boobyalla Dam (also referred to as the Waterhouse Dam) in north-east Tasmania: (a) does the Commonwealth Government, as a signatory to the Tasmanian Regional Forest Agreement (RFA), intend to exercise its influence and authority to ensure the Tasmanian Government does not unilaterally breach the RFA by allowing the destruction of a RFA protected forest community type Euc. Ovata (Swamp Gum); if so, how; and (b) if the Commonwealth Government will not exercise its influence and authority to uphold the RFA conservation protection requirements for protected forest community types, listed threatened species and associated priority species for protection, why not. Given that in 2003 the Forest Practices Authority (FPA) acted to prevent the damming of the Boobyalla River within the Ben Lomond bioregion because of Tasmanian RFA obligations to protect Euc. Ovata forest on public land whenever prudent or feasible and because in the FPA’s view, the protection of the area was of critical importance for the long term management and conservation of this endangered forest community type that represents one of the largest and viable stands of Euc. Ovata in Tasmania: how can the Tasmanian Government void/avoid its RFA responsibilities to protect threatened forest community types including, but not limited to, Euc. Ovata by amending its Forest Practice Regulations 2007 which removed the legal requirement for a certified Forest Practices Plan to be in place for dam works. 584 Sherry, Sen Nick ZW4 Tasmania ALP Minister for Superannuation and Corporate Law 1 Senator Sherry —The Minister for Agriculture, Fisheries and Forestry has provided the following answer to the honourable senator’s question: and (b) The construction of dams and any associated works are not subject to the requirements of the Tasmanian Regional Forest Agreement (RFA). The Tasmanian RFA deals with commercial forestry operations. The Boobyalla Dam was one of seven dam projects in Tasmania’s north east being considered by the Tasmanian Government to promote the expansion of the dairy industry in the region. The Tasmanian Irrigation Development Board, which was tasked by the Tasmanian Government to investigate the feasibility of the north east dams, has advised the Department of Agriculture, Fisheries and Forestry that the Boobyalla Dam is no longer being considered. As indicated in the answer to (1) (a) and (b), the construction of dams and any associated works are not subject to the requirements of the Tasmanian Regional Forest Agreement (RFA). When forestry operations are incidental to another action whose primary purpose does not relate to forestry, they are subject to the provisions of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).The EPBC Act protects matters of national environmental significance, including nationally listed threatened species and ecological communities. 584 584 1230 584 Ludlam, Sen Scott I07 Western Australia AG 0 Senator Ludlam asked the Minister representing the Minister for Education, upon notice, on 22 January 2009: To ask the Minister representing the Minister for Education—For each of the years in which the Commonwealth-State Agreement for Skilling Australia’s Workforce has operated, what has been the unit price per student contact hour paid to each state. 584 Carr, Sen Kim AW5 Victoria ALP Minister for Innovation, Industry, Science and Research 1 Senator Carr —The Minister for Education has provided the following answer to the honourable senator’s question: The Commonwealth has made a funding contribution to the states and territories under the 2005-2008 Commonwealth-State Agreement for Skilling Australia’s Workforce (the Agreement) over the past four years to assist training delivery in each state. The funding provided to each state and territory was based on a formula agreed by the Ministerial Council for Vocational and Technical Education. This formula is largely based on population share. The funding provided by the Commonwealth is not based on unit price per student contact hour. Each state and territory sets its own unit price per student contact hour based on their unique cost structures.