The SPEAKER ( Hon . Andrew Wallace ) took the chair at 09:30, made an acknowledgement of country and read prayers.
Report relating to the consideration of committee and delegation business and of private Members' business
1. The Committee met in private session on Tuesday, 23 November 2021.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 23 November 2021, and determined the order of precedence and times on Monday, 29 November 2021, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
COMMITTEE AND DELEGATION BUSINESS
Presentation and statements
1 Standing Committee on Economics:
Review of the Australian Competition and Consumer Commission annual reports 2019 and 2020.
The Committee determined that statements on the report may be made—all statements to conclude by 10.20 am.
Speech time limits—
First Member speaking — 5minutes.
Next Member speakin g—5 minutes.
[Minimum number of proposed Members speaking = 2 x 5 mins]
PRIVATE MEMBERS' BUSINESS
Notices
1 Mr Christensen: To present a Bill for an Act relating to the detention of Australian journalists by foreign governments, and for related purposes. ( Illegal Detention of Australian Journalists (Free Julian Assange) Bill 2021 )
( Notice given 23 November 2021. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
Orders of the day
1 Fair Work Amendment (Same Job, Same Pay) Bill 2021 ( Mr Albanese ): Second reading—Resumption of debate (from 22 November 2021 ).
Time allotted—45 minutes.
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Notices—continued
2 Mr Zimmerman: To move:
That this House:
(1) recognises that 9 December 2021 is the United Nations' International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of this Crime;
(2) notes that 9 December 2021 is also the 73rd anniversary of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide;
(3) further recognises that that development of the Genocide Convention was motivated by genocidal crimes of the 20th Century including:
(a) the genocide committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities; and
(b) the genocide of six million Jews committed by Nazi Germany and its collaborators between 1941 and 1945;
(4) acknowledges the importance of recognising, condemning and learning from these and subsequent genocidal crimes to ensure that such crimes against humanity are not allowed to be repeated;
(5) remembers the loss and suffering caused by genocides in the modern era and their enduring impact on the lives of many Australians and their descendants; and
(6) calls on the Government to:
(a) affirm its long-standing support for the prevention of genocide and the punishment of those who perpetrate or instigate genocidal crimes; and
(b) formally recognise the genocides committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities.
( Notice given 22 November 2021.)
Time allotted—remaining private Members' business time prior to 12 noon.
Speech time limits—
Mr Zimmerman—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS' BUSINESS
Notices
1 Ms Claydon: To move:
That this House:
(1) acknowledges that:
(a) the GP Access After Hours service:
(i) has provided over a million urgent after-hours consultations to families in Newcastle and the Hunter region for more than twenty years;
(ii) delivers 50,000 face-to-face appointments and handles 70,000 calls through the nurse led triage call centre each year; and
(iii) saves our health system up to $21.7 million in unnecessary emergency department presentations each year;
(b) due to the Government's continuous cuts to bulk-billing incentives and its failure to adequately index Medicare rebates, Hunter Primary Care has been forced to make cuts to the GP Access After Hours service;
(c) from Christmas Eve, the Calvary Mater clinic will close completely, and operating hours for clinics at the Belmont Hospital, John Hunter Hospital, Maitland Hospital and Westlakes Community Health Centre will be reduced; and
(d) over 10,000 people from the Hunter region have signed a petition calling on the Government to restore funding to the GP Access After Hours service;
(2) recognises that:
(a) the GP Access After Hours service has been an essential service for tens of thousands of Newcastle and Hunter families who rely upon bulk-billing GP services to access the healthcare they need, when they need it;
(b) with so few bulk-billing doctors in Newcastle and the Hunter region, any further loss of services will have a huge impact on families already faced with high out-of-pocket healthcare costs;
(c) any cuts to this service will dramatically increase pressure on our already overstretched and under-resourced emergency departments; and
(d) not only is the Government's lack of support for primary healthcare unacceptable, it is also grossly irresponsible in the middle of a global pandemic; and
(3) calls on the Government to:
(a) restore the funding to our GP Access After Hours service to stop the closure of the Calvary Mater Clinic and retain existing hours of operation at all remaining clinics;
(b) reverse cuts to bulk-billing incentive payments in the Lower Hunter that have seen GP practices close and vulnerable people left without access to a bulk-billing GP;
(c) abandon any efforts to further reduce funding to our GP Access After Hours service;
(d) provide additional support for GP Access After Hours to expand their services to areas of need throughout the Hunter; and
(e) utilise the success of the GP Access After Hours service as a model of best practice after hours primary healthcare across Australia.
( Notice given 22 November 202 1.)
Time allotted—40 minutes.
Speech time limits—
Ms Claydon—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Orders of the day
1 Australian Defence Force careers: Resumption of debate (from 22 November 2021) on the motion of Mr Leeser—That this House:
(1) recognises the benefits a career in the Australian Defence Force provides through skills, education, training and experience;
(2) notes:
(a) the Australian Defence Force's objective to protect Australia and that those recruited to deliver on this objective put their lives on the line for our country; and
(b) that Defence recruits the best and brightest and offers varying pathways for individuals to join and serve our nation; and
(3) acknowledges the sacrifice our personnel and their families make for a career in the Australian Defence Force and our nation's eternal gratitude for all those who have served past and present.
Time allotted—40 minutes.
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Notices—continued
2 Ms Rishworth: To move:
That this House:
(1) recognises that young Australians have been disproportionately impacted by the COVID-19 pandemic and are being left behind in our recovery;
(2) notes that young people:
(a) are facing an extraordinary jobs crisis, further noting that:
(i) during the peak of the pandemic 15 per cent of all jobs were filled by young people yet 40 per cent of all jobs lost since March 2020 were held by a young person;
(ii) the youth unemployment rate soared four times the national average to 13.1 per cent in October 2021 and is now higher than pre-pandemic levels; and
(iii) 50 per cent of young Australians have said that getting more reliable work is of most importance to them when it comes to employment;
(b) are struggling with their mental health, with:
(i) more than 50 per cent of young Australians saying their biggest concern with COVID-19 was mental health;
(ii) one in two young Australians reported to not being able to carry out their daily activities during the pandemic due to a decline in wellbeing;
(iii) one third of young Australians reporting high or very high levels of psychological distress; and
(iv) 75 per cent of Australia's young people describing their mental health as worse during the COVID-19 pandemic;
(c) are suffering severe social disruption, as:
(i) many have missed out on once in a lifetime milestones and rites of passage; and
(ii) more feel isolated due to lockdowns with distributions to school attendance, campus life extinguished, and social gatherings restricted or prohibited;
(d) are grappling with disruptions to education and training, and:
(i) many feel their motivation and career plans have been dented; and
(ii) nearly 50 per cent of young Australians reported being worried about their education being disrupted or held back as a result of the changes to schooling; and
(e) feel they do not have a voice in politics, with:
(i) almost 60 per cent of young Australians feeling the biggest barrier to getting involved in politics was 'feeling like they won't be listened to'; and
(ii) 52 per cent of young people feeling they had a say 'none of the time' in public affairs; and
(3) calls on the Government to work with young people and urgently design a comprehensive COVID‑19 Youth Recovery Strategy that puts young Australians at the centre of our economic and social recovery and builds our future generations.
( Notice given 22 November 2021.)
Time allotted—40 minutes.
Speech time limits—
Ms Rishworth—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3 Mr R. J. Wilson: To move:
That this House:
(1) notes the Government's ongoing commitment to improving connectivity for regional businesses, and better connecting regional communities through the Roads of Strategic Importance (ROSI) initiative;
(2) recognises that the ROSI initiative upgrades key freight roads to efficiently connect agricultural and mining regions to ports, airports and other transport hubs;
(3) commends the Government for its funding of $4.9 billion for projects nation-wide to deliver works such as road sealing, flood immunity, strengthening and widening, pavement rehabilitation, bridge and culvert upgrades and road realignments; and
(4) acknowledges that the ROSI initiative is providing substantial social and economic benefits, including opportunities for greater regional employment and business growth.
( Notice given 15 June 2021.)
Time allotted—r emaining private Members' business time prior to 1.30 pm.
Speech time limits—
Mr R. J. Wilson—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS' BUSINESS
Orders of the day—continued
2 Family Law Amendment (A Step Towards a Safer Family Law System) Bill 2020 ( Mr Perrett ): Second reading—Resumption of debate (from 23 June 2021 —Mr Ted O ' Brien ).
Time allotted—10 minutes.
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 2 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Notices—continued
4 Dr Allen: To move:
That the House:
(1) notes that:
(a) the Global Polio Eradication Initiative (GPEI) leads the world's efforts to end polio, bringing together Rotary International, the World Health Organization, the United Nations Children's Emergency Fund (UNICEF) and many others including in the private sector with a common objective to eradicate polio;
(b) when the GPEI commenced, more than 350,000 cases of polio paralysed and killed children in 125 countries annually;
(c) in 2021, polio is 99 per cent eradicated and wild polio remains in only two countries, Pakistan and Afghanistan, with the entire African continent certified as polio-free on 25 August 2020;
(d) this success has been driven by the GPEl's extensive worldwide community-driven vaccination program, the largest of its kind in the world, to safeguard children from polio worldwide;
(e) safe and effective polio vaccines have been the single most important factor in achieving 99 per cent eradication of polio so far;
(f) Australia has been a strong supporter of polio eradication for more than three decades and has invested more than $135 million in polio eradication over that time;
(g) 2022 will be a critical year for polio eradication as the GPEI sets out its strategy to achieve polio eradication by 2026, and that this will be a key opportunity for Australian leadership; and
(h) Australian organisations lead the effort to see continued support for polio eradication from Australia, including Rotary International Australia, UNICEF Australia, Global Citizen and Results Australia;
(2) acknowledges that:
(a) the work of the GPEI is a testament to the great power of vaccines and that the equitable and timely access to those vaccines is critical to the program's success;
(b) progress made toward polio eradication is facing new challenges with the humanitarian situation in Afghanistan impeding vaccination efforts and increasing the risk of new polio outbreaks;
(c) additional measures will be required to manage the risk of polio in Afghanistan in an effort to ensure that no widespread polio outbreaks occur;
(d) Australia is a long-term champion of polio eradication along with many other Commonwealth nations including the United Kingdom and Canada, who all share an interest in ensuring the success of the polio program and its important contribution to global health security; and
(e) the current parliaments of Australia and other countries have the opportunity to be recognised as the elected representatives who ensured that polio was completely eradicated; and
(3) calls on the Government to continue its strong ongoing support for the GPEI.
( Notice given 21 October 2021.)
Time allotted—50 minutes.
Speech time limits—
Dr Allen—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 10 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
5 Dr Freelander: To move:
That this House:
(1) notes that juvenile arthritis affects between 6,000-10,000 Australian children and adolescents;
(2) further notes that of the Australian children living with juvenile arthritis:
(a) 80 per cent will experience pain daily;
(b) 20 per cent develop a vision-threatening inflammation of the eyes; and
(c) many experience lengthy delays in obtaining a formal diagnosis;
(3) commends the work of the Juvenile Arthritis Foundation of Australia and their tireless advocacy for young Australians living with juvenile arthritis; and
(4) recommends that the Government provides funding to establish programs aimed at:
(a) raising awareness of this disease; and
(b) developing a national registry and research package to better understand the extent and impact of juvenile arthritis on individuals and the economy.
( Notice gi ven 22 November 2021.)
Time allotted—40 minutes.
Speech time limits—
Dr Freelander—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
6 Mr Zimmerman: To move:
That this House:
(1) recognises that 9 December 2021 is the United Nations' International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of this Crime;
(2) notes that 9 December 2021 is also the 73rd anniversary of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide;
(3) further recognises that that development of the Genocide Convention was motivated by genocidal crimes of the 20th Century including:
(a) the genocide committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities; and
(b) the genocide of six million Jews committed by Nazi Germany and its collaborators between 1941 and 1945;
(4) acknowledges the importance of recognising, condemning and learning from these and subsequent genocidal crimes to ensure that such crimes against humanity are not allowed to be repeated;
(5) remembers the loss and suffering caused by genocides in the modern era and their enduring impact on the lives of many Australians and their descendants; and
(6) calls on the Government to:
(a) affirm its long-standing support for the prevention of genocide and the punishment of those who perpetrate or instigate genocidal crimes; and
(b) formally recognise the genocides committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities.
( Notice given 22 November 2021.)
Time allotted—30 minutes.
Speech time limits—
Mr Zimmerman—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
7 Ms Steggall: To move:
That this House:
(1) notes that supports like JobSaver and disaster payments have ended at a time when the economic impact of COVID-19 restrictions will continue to impact a number of sectors for at least six to 12 months after the lifting of restrictions, including:
(a) the business events sector, which has lost $29.4 billion in revenue from 96 per cent of all events being cancelled for 2020;
(b) the mass participation sporting events sector which lost over 80 per cent of events over the past two years, causing a loss of over $5 billion to the Australian economy;
(c) travel agents, which have been in effective lockdown for over 600 days and will not be back to full capacity until after March 2022; and
(d) seasonal specific retail such as winter apparel and sporting stores who will need to wait six months for the next season and do not have savings to purchase stock; and
(2) calls on the Government to:
(a) work with state and territory governments to implement targeted economic supports for specific industries including travel, business events, mass participation sporting events and seasonal retail, such as:
(i) providing ongoing business income support, including for supporting supplier businesses;
(ii) underwriting cancellation insurance for events and travel to provide planning confidence and accelerate recovery of sectors; and
(iii) providing economic incentives, including tax rebates, for events to be organised and booked in advance; and
(b) recognise the profound impact of COVID-19 restrictions on these sectors and their contribution to the Australian economy with benefits for trade, tourism and investment.
( Notice given 23 November 2021. )
Time allott ed—remaining private Members' business time prior to 7.30 pm.
Speech time limits—
Ms Steggall—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
THE HON A. B. WALLACE MP
Speaker of the House of Representatives
24 November 2021
Migration Amendment (Protecting Migrant Workers) Bill 2021
That this bill be now read a second time.
Migration Amendment (Strengthening the Character Test) Bill 2021
That this bill be now read a second time.
Customs Amendment (Controlled Trials) Bill 2021
That this bill be now read a second time.
That:
(1) Mr Wallace be discharged from the Parliamentary Joint Committee on Corporations and Financial Services, Joint Standing Committee on Foreign Affairs, Defence and Trade, Joint Standing Committee on the National Disability Insurance Scheme, Standing Committee on Social Policy and Legal Affairs and the Standing Committee on Publications; and
(2) Mr A. D. H. Smith be appointed a member of the Parliamentary Joint Committee on Corporations and Financial Services.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021
That the Government is seeking to present this reform as a consumer protection measure is Orwellian gaslighting.
Further highlighting the idiocy of this legislation is that it is opposed by leading class action defendant lawyers at Herbert Smith Freehills.
15. Part IVA of the Federal Court of Au stralia Act 1976 … which contains the federal class action regime operates on the default basis of an opt-out structure. Under this system a class action can be commenced without the express consent of group members … Instead, the class action defines the group … and then a court-approved notice is given to group members advising that they may exclude themselves from the proceedings by advising the court … The opt-out class action is also referred to as an open class action.
16. The opt-out structure was recommended by the Australian Law Reform Commission … because it promotes access to justice and efficiency.
Group members who cannot be identified at the outset or who are unable to elect affirmatively to participate due to social or economic barriers are not excluded from the legal system and a potential remedy. That is particularly important for large classes of potential claimants in—
rural, regional and remote, Aboriginal and Torres Strait Islander and/or culturally and linguistically diverse communities and for those with disability. The opt-out approach also promotes efficiency by including all group members at the outset and binding them, unless they opt-out, to the outcome of the proceedings …
… it is arguable that the majority mischaracterised litigation funding arrangements as an investment by group members of property to achieve benefits, when such arrangements principally provide a mechanism for persons who share commonality in their unlitigated and separate choses in action to secure the payment for legal services necessary to vindicate those choses on a contingent basis.
… may need to be modified to bring its scope within the referral contemplated by paragraph 51(xxxii) of the Constitution bestowed by the States under the Corporations Agreement 2002 (as amended), assuming that the approval of the Forum constituted thereunder has not been sought, and also assuming that the concept of "managed investment schemes" under clause 507(1)(a) is limited to its objectively ascertained meaning as at the inception of that clause, which pre-dated Brookfield and was also not affected by or considered under the 2017 amendments. It may need to be modified to address direct or indirect conflicts with the provisions of Pt IVA of the FCA Act or at least to deal with the arguable conceptual incoherency in seeking to shoe-horn the statutory model for managed investment schemes under the Corporations Act into a funding mechanism designed to facilitate access to justice under the open class regime enshrined in Pt IVA, where class actions are controlled by representative applicants, with external legal representation and advice, and by the Court, rather than by group members exercising their democratic rights under a so called managed investment scheme, or by funders or any other entity expediently nominated as a responsible entity.
That the Government is seeking to present this reform as a consumer protection measure is Orwellian gaslighting.
It's clear to us that the changes contained in this bill are part of a pattern of hostility from the coalition to those in our community who seek justice via class action lawsuits.
That the Government is seeking to present this reform as a consumer protection measure is Orwellian gaslighting.
… may need to be modified to bring its scope within the referral contemplated by paragraph 51(xxxii) of the Constitution. It may need to be modified to address direct or indirect conflicts with the provisions of Pt IVA of the FCA Act.
… the proceeding dispels the myth of the so called advantages of book building in a case of this type. The book building here has resulted in an unnecessary, costly and inefficient delay of seven months in order that over 50,000 retail customers be separately signed up to individual funding agreements. There is little justification for such a barrier to entry so to speak or justice. Fourth, to allow the proceeding to remain closed will incentivise others to launch parasitic actions to cover the balance of the universe of electricity consumers. So the potential for and the vice of a multiplicity of proceedings. And indeed if not productive of such multiplicity now, that position may be all but inevitable if I later deliver a judgment in favour of the present closed class, unless I open the class after judgment.
All are equal before the law and are entitled … to equal protection of the law.
Some of these reactions have been clots, major strokes, amputations, major cardiac problems, being on oxygen, having severe headaches that are debilitating and unable to return to work.
PwC found that more than 90 per cent of cases—
may not have gone ahead because the funders and lawyers would have been left with either a loss or without an adequate return to justify the risks of taking on a long, complex case with uncertain outcomes against a well-resourced defendant.
The government's proposals would have denied justice to hundreds of thousands of Australians who have turned to class actions to help rebuild their lives.
Part IVA of the Federal Court of Australia Act … which contains the federal class action regime operates on the … basis of an opt-out structure. Under this system a class action can be commenced without the express consent of group members … The opt-out structure was recommended by the Australian Law Reform Commission … because it promotes access to justice and efficiency. Group members who cannot be identified at the outset or who are unable to elect affirmatively to participate due to social or economic barriers are not excluded from the legal system and a potential remedy.
The solution is a rediscovery of human dignity, along with—and I don't say this lightly—civil disobedience.
I believe in the rule of law when the law is fair and the law is right—
I believe in the rule of law when the law is fair and the law is right, but when it's unjust I don't think there's a problem with breaking it.
I'm so pleased that we didn't have to rely on the opposition during the pandemic, because we wouldn't have got the results.
I would like to take this opportunity to thank the opposition for the constructive approach they have taken to progressing this legislation through the parliament swiftly to provide certainty to Australian businesses and employees.
Report relating to the consideration of committee and delegation business and of private Members' business
1. The Committee met in private session on Tuesday, 23 November 2021.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 23 November 2021, and determined the order of precedence and times on Monday, 29 November 2021, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
COMMITTEE AND DELEGATION BUSINESS
Presentation and statements
1 STANDING COMMITTEE ON ECONOMICS
Review of the Australian Competition and Consumer Co mmission annual reports 2019 and 2020.
The Committee determined that statements on the report may be made — all statements to conclude by 10.20 am.
Speech time limits —
First Member speaking — 5minutes.
Next Member speaking — 5minutes.
[Minimum number of proposed Members speaking = 2 x 5 mins]
PRIVATE MEMBERS' BUSINESS
Notices
1 MR CHRISTENSEN: To present a Bill for an Act relating to the detention of Australian journalists by foreign governments, and for related purposes. ( Illegal Deten tion of Australian Journalists (Free Julian Assange) Bill 2021 )
(Notice given 23 November 2021.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing or der 142.
Orders of the day
1 FAIR WORK AMENDMENT (SAME JOB, SAME PAY) BILL 2021 ( Mr Albanese ): Second reading—Resumption of debate (from 22 November 2021 ).
Time allotted — 45 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Notices — continued
2 MR ZIMMERMAN: To move—That this House:
(1) recognises the vital contribution that temporary visa holders, including skilled workers and international students, make to both Australia's economy and our local communities;
(2) notes that since March 2020, due to the international border restrictions that helped keep us safe during the pandemic, many visa holders, both onshore and offshore, have faced uncertainty and difficulty;
(3) commends the Government for reopening the international border to a range of economic and humanitarian visa holders from 1 December 2021; and
(4) welcomes the further carefully managed opening of our border to other visa holders, including visitors, when it is safe to do so.
(Notice given 23 November 2021.)
Time allotted — remaining private Members' business time prior to 12 noon.
Speech time limits —
Mr Zimmerman — 5minutes.
Other Membe rs — 5minutes each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS' BUSINESS
Notices
1 MS CLAYDON: To move:
That this House:
(1) acknowledges that:
(a) the GP Access After Hours service:
(i) has provided over a million urgent after-hours consultations to families in Newcastle and the Hunter region for more than twenty years;
(ii) delivers 50,000 face-to-face appointments and handles 70,000 calls through the nurse led triage call centre each year; and
(iii) saves our health system up to $21.7 million in unnecessary emergency department presentations each year;
(b) due to the Government's continuous cuts to bulk-billing incentives and its failure to adequately index Medicare rebates, Hunter Primary Care has been forced to make cuts to the GP Access After Hours service;
(c) from Christmas Eve, the Calvary Mater clinic will close completely, and operating hours for clinics at the Belmont Hospital, John Hunter Hospital, Maitland Hospital and Westlakes Community Health Centre will be reduced; and
(d) over 10,000 people from the Hunter region have signed a petition calling on the Government to restore funding to the GP Access After Hours service;
(2) recognises that:
(a) the GP Access After Hours service has been an essential service for tens of thousands of Newcastle and Hunter families who rely upon bulk-billing GP services to access the healthcare they need, when they need it;
(b) with so few bulk-billing doctors in Newcastle and the Hunter region, any further loss of services will have a huge impact on families already faced with high out-of-pocket healthcare costs;
(c) any cuts to this service will dramatically increase pressure on our already overstretched and under-resourced emergency departments; and
(d) not only is the Government's lack of support for primary healthcare unacceptable, it is also grossly irresponsible in the middle of a global pandemic; and
(3) calls on the Government to:
(a) restore the funding to our GP Access After Hours service to stop the closure of the Calvary Mater Clinic and retain existing hours of operation at all remaining clinics;
(b) reverse cuts to bulk-billing incentive payments in the Lower Hunter that have seen GP practices close and vulnerable people left without access to a bulk-billing GP;
(c) abandon any efforts to further reduce funding to our GP Access After Hours service;
(d) provide additional support for GP Access After Hours to expand their services to areas of need throughout the Hunter; and
(e) utilise the success of the GP Access After Hours service as a model of best practice after hours primary healthcare across Australia.
(Notice given 22 November 2021.)
Time allotted — 40 minutes.
Speech time limits —
Ms Claydon — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Orders of the day
1 AUSTRALIAN DEFENCE FORCE CAREERS: Resumption of debate ( from 22 November 2021 ) on the motion of Mr Leeser—That this House:
(1) recognises the benefits a career in the Australian Defence Force provides through skills, education, training and experience;
(2) notes:
(a) the Australian Defence Force's objective to protect Australia and that those recruited to deliver on this objective put their lives on the line for our country; and
(b) that Defence recruits the best and brightest and offers varying pathways for individuals to join and serve our nation; and
(3) acknowledges the sacrifice our personnel and their families make for a career in the Australian Defence Force and our nation's eternal gratitude for all those who have served past and present.
Time allotted — 40 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day .
Notices — continued
2 MS RISHWORTH: To move—That this House:
(1) recognises that young Australians have been disproportionately impacted by the COVID-19 pandemic and are being left behind in our recovery;
(2) notes that young people:
(a) are facing an extraordinary jobs crisis, further noting that:
(i) during the peak of the pandemic 15 per cent of all jobs were filled by young people yet 40 per cent of all jobs lost since March 2020 were held by a young person;
(ii) the youth unemployment rate soared four times the national average to 13.1 per cent in October 2021 and is now higher than pre-pandemic levels; and
(iii) 50 per cent of young Australians have said that getting more reliable work is of most importance to them when it comes to employment;
(b) are struggling with their mental health, with:
(i) more than 50 per cent of young Australians saying their biggest concern with COVID-19 was mental health;
(ii) one in two young Australians reported to not being able to carry out their daily activities during the pandemic due to a decline in wellbeing;
(iii) one third of young Australians reporting high or very high levels of psychological distress; and
(iv) 75 per cent of Australia's young people describing their mental health as worse during the COVID-19 pandemic;
(c) are suffering severe social disruption, as:
(i) many have missed out on once in a lifetime milestones and rites of passage; and
(ii) more feel isolated due to lockdowns with distributions to school attendance, campus life extinguished, and social gatherings restricted or prohibited;
(d) are grappling with disruptions to education and training, and:
(i) many feel their motivation and career plans have been dented; and
(ii) nearly 50 per cent of young Australians reported being worried about their education being disrupted or held back as a result of the changes to schooling; and
(e) feel they do not have a voice in politics, with:
(i) almost 60 per cent of young Australians feeling the biggest barrier to getting involved in politics was 'feeling like they won't be listened to'; and
(ii) 52 per cent of young people feeling they had a say 'none of the time' in public affairs; and
(3) calls on the Government to work with young people and urgently design a comprehensive COVID-19 Youth Recovery Strategy that puts young Australians at the centre of our economic and social recovery and builds our future generations.
(Notice given 22 November 2021.)
Time allotted — 40 minutes.
Speech time limits —
Ms Rishworth — 5minutes.
Other Members — 5m inutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
3 MR R. J. WILSON: To move—That this House:
(1) notes the Government's ongoing commitment to improving connectivity for regional businesses, and better connecting regional communities through the Roads of Strategic Importance (ROSI) initiative;
(2) recognises that the ROSI initiative upgrades key freight roads to efficiently connect agricultural and mining regions to ports, airports and other transport hubs;
(3) commends the Government for its funding of $4.9 billion for projects nation-wide to deliver works such as road sealing, flood immunity, strengthening and widening, pavement rehabilitation, bridge and culvert upgrades and road realignments; and
(4) acknowledges that the ROSI initiative is providing substantial social and economic benefits, including opportunities for greater regional employment and business growth.
(Notice given 15 June 2021.)
Time allotted — remaining private Members' business time prior to 1.30 pm.
Speech time limits —
Mr R. J. Wilson — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS' BUSINESS
Orders of the day — continued
2 FAMILY LAW AMENDMENT (A STEP TOWARDS A SAFER FAMILY LAW SYSTEM) BILL 202 0 ( Mr Perrett ): Second reading—Resumption of debate (from 23 June 2021 — Mr Ted O'Brien ).
Time allotted — 10 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 2 x 5 mins]
The Committee determined that consi deration of this matter should continue on a future day.
Notices — continued
4 DR ALLEN: To move—That the House:
(1) notes that:
(a) the Global Polio Eradication Initiative (GPEI) leads the world's efforts to end polio, bringing together Rotary International, the World Health Organization, the United Nations Children's Emergency Fund (UNICEF) and many others including in the private sector with a common objective to eradicate polio;
(b) when the GPEI commenced, more than 350,000 cases of polio paralysed and killed children in 125 countries annually;
(c) in 2021, polio is 99 per cent eradicated and wild polio remains in only two countries, Pakistan and Afghanistan, with the entire African continent certified as polio-free on 25 August 2020;
(d) this success has been driven by the GPEl's extensive worldwide community-driven vaccination program, the largest of its kind in the world, to safeguard children from polio worldwide;
(e) safe and effective polio vaccines have been the single most important factor in achieving 99 per cent eradication of polio so far;
(f) Australia has been a strong supporter of polio eradication for more than three decades and has invested more than $135 million in polio eradication over that time;
(g) 2022 will be a critical year for polio eradication as the GPEI sets out its strategy to achieve polio eradication by 2026, and that this will be a key opportunity for Australian leadership; and
(h) Australian organisations lead the effort to see continued support for polio eradication from Australia, including Rotary International Australia, UNICEF Australia, Global Citizen and Results Australia;
(2) acknowledges that:
(a) the work of the GPEI is a testament to the great power of vaccines and that the equitable and timely access to those vaccines is critical to the program's success;
(b) progress made toward polio eradication is facing new challenges with the humanitarian situation in Afghanistan impeding vaccination efforts and increasing the risk of new polio outbreaks;
(c) additional measures will be required to manage the risk of polio in Afghanistan in an effort to ensure that no widespread polio outbreaks occur;
(d) Australia is a long-term champion of polio eradication along with many other Commonwealth nations including the United Kingdom and Canada, who all share an interest in ensuring the success of the polio program and its important contribution to global health security; and
(e) the current parliaments of Australia and other countries have the opportunity to be recognised as the elected representatives who ensured that polio was completely eradicated; and
(3) calls on the Government to continue its strong ongoing support for the GPEI.
(Notice given 21 October 2021.)
Time allotted — 50 minutes.
Speech time limits —
Dr Allen — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 10 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
5 DR FREELANDER: To move—That this House:
(1) notes that juvenile arthritis affects between 6,000-10,000 Australian children and adolescents;
(2) further notes that of the Australian children living with juvenile arthritis:
(a) 80 per cent will experience pain daily;
(b) 20 per cent develop a vision-threatening inflammation of the eyes; and
(c) many experience lengthy delays in obtaining a formal diagnosis;
(3) commends the work of the Juvenile Arthritis Foundation of Australia and their tireless advocacy for young Australians living with juvenile arthritis; and
(4) recommends that the Government provides funding to establish programs aimed at:
(a) raising awareness of this disease; and
(b) developing a national registry and research package to better understand the extent and impact of juvenile arthritis on individuals and the economy.
(Notice given 22 November 2021.)
Time allotted — 40 minutes.
Speech time limits —
Dr Freelander — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
6 MR ZIMMERMAN: To move—That this House:
(1) recognises that 9 December 2021 is the United Nations' International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of this Crime;
(2) notes that 9 December 2021 is also the 73rd anniversary of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide;
(3) further recognises that that development of the Genocide Convention was motivated by genocidal crimes of the 20th Century including:
(a) the genocide committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities; and
(b) the genocide of six million Jews committed by Nazi Germany and its collaborators between 1941 and 1945;
(4) acknowledges the importance of recognising, condemning and learning from these and subsequent genocidal crimes to ensure that such crimes against humanity are not allowed to be repeated;
(5) remembers the loss and suffering caused by genocides in the modern era and their enduring impact on the lives of many Australians and their descendants; and
(6) calls on the Government to:
(a) affirm its long-standing support for the prevention of genocide and the punishment of those who perpetrate or instigate genocidal crimes; and
(b) formally recognise the genocides committed by the Ottoman Empire between 1915 and 1923 of Armenians, Assyrians, Greeks and other Christian minorities.
(Notice given 22 November 2021.)
Time allotted — 30 minutes.
Speech time limits —
Mr Zimmerman — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
7 MS STEGGALL: To move—That this House:
(1) notes that supports like JobSaver and disaster payments have ended at a time when the economic impact of COVID-19 restrictions will continue to impact a number of sectors for at least six to 12 months after the lifting of restrictions, including:
(a) the business events sector, which has lost $29.4 billion in revenue from 96 per cent of all events being cancelled for 2020;
(b) the mass participation sporting events sector which lost over 80 per cent of events over the past two years, causing a loss of over $5 billion to the Australian economy;
(c) travel agents, which have been in effective lockdown for over 600 days and will not be back to full capacity until after March 2022; and
(d) seasonal specific retail such as winter apparel and sporting stores who will need to wait six months for the next season and do not have savings to purchase stock; and
(2) calls on the Government to:
(a) work with state and territory governments to implement targeted economic supports for specific industries including travel, business events, mass participation sporting events and seasonal retail, such as:
(i) providing ongoing business income support, including for supporting supplier businesses;
(ii) underwriting cancellation insurance for events and travel to provide planning confidence and accelerate recovery of sectors; and
(iii) providing economic incentives, including tax rebates, for events to be organised and booked in advance; and
(b) recognise the profound impact of COVID-19 restrictions on these sectors and their contribution to the Australian economy with benefits for trade, tourism and investment.
(Notice given 23 November 2021.)
Time allotted — remaining private Members' business time prior to 7.30 pm.
Speech time limits —
Ms Steggall — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consi deration of this matter should continue on a future day.
THE HON A. B. WALLACE MP
Speaker of the House of Representatives
24 November 2021
In response to Glasgow (COP26), the Australian Government needs to ensure they are taking steps to address fuel sovereignty and security in Australia.
The risk management literature has been looking at the resilience and robustness of supply chains for more than 20 years. It does not conclude that domestic production or shorter supply chains are the best way of addressing risks.
By allowing buyers to tap supplies produced in many national markets, individual supplier-specific and country-specific risks will be reduced.
The refineries plan does not mean self-sufficiency, even with more than $2 billion of subsidy …
That the order of the day be referred to the Federation Chamber for debate.
Dental Benefits Amendment Bill 2021
Independent National Security Legislation Monitor Amendment Bill 2021
Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021
(Mr Kelly)
(1) Clause 2, page 2 (table item 1), omit the table item, substitute:
(2) Page 14 (after line 26), at the end of the Bill, add:
Schedule 2 — Triple damages for con traventions of Australian Consumer Law
Corporation Act 2001
1 After Part 9.4AAA
Insert:
Part 9.4AAB — Triple damages for contraventions of Australian Consumer Law
1317AL Triple damages for contraventions of Australian Consumer Law
(1) This section applies if:
(a) a company contravenes the Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010 ); and
(b) proceedings are brought in a court for loss or damage suffered as a result of the contravention.
(2) If the court considers it appropriate to do so, the court may award against the company for the loss or damage triple the damages that the court could award in the proceedings apart from this section.
(3) In determining whether it is appropriate to award triple damages, the court must have regard to:
(a) the plaintiff's costs in the proceedings; and
(b) the difference between the financial resources available to the plaintiff and the company for the purposes of the proceedings.
2 At the end of Part 10.61
Add:
1689 Applicatio n of amendments relating to triple damages for contraventions of Australian Consumer Law
Section 1317AL applies in relation to contraventions of the Australian Consumer Law occurring on or after the commencement of this section.
Triple damages for contraventions of Australian Consumer Law
(1) This section applies if:
(a) a company contravenes the Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010); and
(b) proceedings are brought in a court for loss or damage suffered as a result of the contravention.
(2) If the court considers it appropriate to do so, the court may award against the company for the loss or damage triple the damages that the court could award in the proceedings apart from this section.
(3) In determining whether it is appropriate to award triple damages, the court must have regard to:
(a) the plaintiff's costs in the proceedings; and
(b) the difference between the financial resources available to the plaintiff and the company for the purposes of the proceedings.
That this bill be now read a third time.
The House divided. [17:40]
(The Speaker—Hon. Andrew Wallace)
Electoral Legislation Amendment (Voter Integrity) Bill 2021
Many of our Aboriginal patients use their Medicare card as their only form of identification—many do not have a Drivers' License or a Proof of Identity card.
The "evidence" to support voter ID is the intuition that voters should produce ID. The benefit of voter ID is said to be enhancing perceptions of integrity.
… … …
Perceptions of risk can also be circular, if not manipulated. By playing up integrity risks, regardless of the actual evidence, you can generate concerns that you then use to justify new rules.
That all words after "That" be omitted with a view to substituting the following words:
"the House declines to give the bill a second reading and:
(1) notes that the bill's stated intention is to improve public confidence about the integrity of ballot-issuing practices;
(2) notes further that the independent Australian Electoral Commissioner has said that the issue of multiple voting is 'vanishingly small'; and
(3) calls on the Government to implement electoral integrity measures that would make a real difference including:
(a) lowering the disclosure threshold from the current $14,500 to a fixed $1,000 so political donations are transparent for all to see;
(b) requiring real time disclosure of political donations; and
(c) reforming electoral expenditure laws;
(d) providing more resources to the AEC to increase enrolment and turnout;
(e) addressing the spread of dangerous misinformation and disinformation;
(f) legislating for a powerful and independent anti-corruption commission;
(g) making laws to prevent governments from pork-barrelling in marginal held seats; and
(h) requiring parliamentarians to disclose secret donations".
Electoral Legislation Amendment (Voter Integrity) Bill 2021
… I hate needless complexity and regulation because the more complex something is the more expensive it is to administer.
… the minister advised that the bill aims to reduce the potential for voter fraud and impersonation, and safeguard public confidence in the electoral process. The minister's advice notes that there is public concern relating to the importance of safeguarding public confidence in the Australian electoral process. To support this the minister states that the Joint Standing Committee on Electoral Matters (JSCEM) stated in its report into the 2019 election that 'multiple voting is frequently the subject of media commentary and social media speculation'. However—
it is noted that this quote from the JSCEM's report was from the Australian Electoral Commission's submission to that inquiry. In this submission the AEC also stated that 'multiple voting is a very small issue in the context of the actual number of multiple votes', but that 'the perception of multiple voting is an important issue with respect to the integrity of election results'.
No further information was provided by the minister, such as survey data, to demonstrate that there is currently a lack of public confidence in Australian electoral processes.
… designed to deter voters from intentionally voting more than once. However, the Australian Electoral Commission has noted that the majority of instances of multiple voting are unintentional. The Australian Electoral Commissioner has stated in relation to multiple votes, that the vast majority are cast by 'people over the age of 80 or people who have English as a second language issues or who are confused about the act of voting'.
As such, it is not clear that the measures would deter most instances of multiple voting.
The minister also advised that the bill would help to avoid errors relating to accidental mark-offs against the wrong person by using identity documents to find the person's name and residence.
It is noted that the JSCEM's report stated that 'a significant number of apparent roll mark-offs that would seem to indicate multiple voting incidents is attributable to official error (an issuing officer marking a certified list incorrectly)'. The JSCEM noted that the use of electronic certified lists 'would offer a significant reduction in the official error rate'.
The minister also advised that, critically, the bill would reduce the risk of electoral fraud in the form of voter impersonation, as requiring voter identification will mean that for those without identification, who must vote via the declaration process, only the first vote cast will be admitted to the scrutiny process.
However, no evidence has been provided as to whether there have been cases of voter impersonation in previous elections. As such, it is not possible to conclude that this issue addresses a pressing or substantial public or social concern.
The minister's response did not address the question as to how voter identification requirements would be effective to prevent people from voting multiple times at different locations. The minister stated that the measures in the bill are designed to deter voters from intentionally voting more than once. Yet, as the Australian Electoral Commissioner has said, the vast majority of multiple votes are cast by the elderly, those with English as a second language or who are confused about the act of voting.
As such, it remains unclear how requiring such voters to show identification would prevent them from continuing to cast their vote multiple times (and showing their identification each time they do so). In relation to clerical error, it has also not been established how electoral officials would be less likely to make mistakes in marking voters off the roll if they see an identity document rather than by asking for the name of the elector.
… there is concern about how the measure will operate in practice in relation to certain vulnerable groups. As stated in the initial analysis, requiring proof of identity may have a disproportionate impact on particular groups who may face issues accessing identification documentation or having such documentation on them when voting.
The minister's response also did not address the questions as to whether consideration has been given to alternative, less rights restrictive, ways of achieving the stated objectives.
Noting the intention of this legislation, which commenced operation less than two months before the current bill was introduced, it is not clear why any concerns regarding multiple voting are not able to be addressed by this new legislation (noting there has been no election since that legislation commenced, and so therefore no opportunity to determine its effectiveness).
… it does not appear to have been demonstrated that seeking to address concerns regarding multiple voting addresses an issue that is pressing and substantial enough to warrant limiting human rights. In relation to the desire to reduce clerical errors, it is not sufficient that a measure simply seeks an outcome regarded as desirable or convenient. Administrative convenience, in and of itself, is unlikely to be sufficient to constitute a legitimate objective for the purposes of international human rights law. Finally, while public confidence in the electoral system is an important objective in a democracy, the minister has not provided any evidence that demonstrates a lack of public confidence, other than referring to 'media commentary and social media speculation' regarding multiple voting.
… the minister's response has not established: that the measure seeks to achieve an objective that addresses an issue of public or social concern that is pressing and substantial enough to warrant limiting these rights; that the measure is rationally connected to those objectives; or that it is proportionate. As such, there is a risk that this measure would impermissibly limit the right to participate in public affairs and the right to equality and non-discrimination.
… the potential for the bill to disproportionately impact on certain groups (such as Indigenous persons in remote communities, people experiencing homelessness and those fleeing domestic violence), and that it has not been established that there are no less rights restrictive ways to achieve the stated objectives, the committee considers the measure has not been demonstrated to be proportionate to the stated objectives. As such, there is a risk that this measure would impermissibly limit the right to participate in public affairs and the right to equality and non-discrimination.
Requiring voter IDs would hit hardest those people who already face barriers to voting - people who are homeless, people living in remote communities, First Nations people, recent immigrants, younger people.
… the requirement for voter identification does not appear to be necessary or proportionate to the aim of addressing voter fraud and likely constitutes an unreasonable limitation on a person's right to vote. It may also create an obstacle to voter participation, particularly for vulnerable groups, and unduly impinge on their exercise of the right to vote.
… no evidence of, or concern about, a lack of public confidence in the integrity of the electoral system or any evidence of voter impersonation.
… additional requirements imposed before a voter can cast their vote engages and may limit the right to take part in public affairs and the right to equality and non-discrimination.
Isolation combined with cultural differences and low confidence in government, means the number of votes cast by Aboriginal people is consistently low. And this will just continue to erode Aboriginal people's confidence. They're already not very trusting of the system. Places where the voting has to go to them—how do they expect people to show ID when they live in those communities? A lot of Aboriginal people don't vote because they don't understand what they're voting for. People are scared. They don't really want to go in there and embarrass themselves.
Indigenous voters in remote areas already faced difficulties such as poor disability access and waiting "a long time" in temperatures above 40C.
Any changes that diminish the democratic rights of one group of citizens in the NT diminish the rights of us all.
The DEPUTY SPEAKER ( Mr Llew O'Brien ) took the chair at 10:03.
My grandfather was a grader driver during the Great Depression. If a road hasn't had a grader on it since the Thirties why on earth would a responsible federal government make it a priority now while the population in the bush is decreasing?