The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 9:30, read prayers and made an acknowledgement of country.
Support for settlement of electorate staff travel budget …
That the days of meeting of the Senate for the remainder of 2016 be as follows:
Spring sittings:
Thursday, 1 September
Monday, 12 September to Thursday, 15 September
Spring sittings (2):
Monday, 10 October to Thursday, 13 October
Spring sittings (3):
Monday, 7 November to Thursday, 10 November
Monday, 21 November to Thursday, 24 November
Monday, 28 November to Thursday, 1 December.
That, pursuant to section 13 of the Constitution, the senators chosen for each state be divided into two classes, as follows:
Senators listed at positions 7 to 12 on the certificate of election of senators for each state shall be allocated to the first class and receive 3 year terms.
Senators listed at positions 1 to 6 on the certificate of election of senators for each state shall be allocated to the second class and receive 6 year terms.
Where the scrutiny in an election of Senators for a State held following a dissolution of the Senate under section 57 of the Constitution has been completed, the Australian Electoral Officer for that state shall conduct a re-count of the ballot papers in the election in accordance with subsections 273(7) to (30) …
in subsection 273(8) 'half' were inserted before 'the number of candidates'; …
The Senate divided. [09:54]
(The President—Senator Parry)
That the following address-in-reply be agreed to.
To His Excellency the Governor–General
MAY IT PLEASE YOUR EXCELLENCY—
We, the Senate of the Commonwealth of Australia in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign and to thank Your Excellency for the speech which you have been pleased to address to Parliament.
What we need to do as a Liberal Party is inoculate against that and expose the money sources of these organisations and what their true agenda is.
… the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Multiculturalism is one of this country's enduring successes. Rather than dividing us it compels us to be clear about those things that unite us as a community: respect for our democratic institutions, for universal human rights and for equality of opportunity. The real value of multiculturalism lies … in the fact that relationships with people from different cultures offer important insights into our own.
Today we find ourselves in a period of unprecedented global change – change that is … introducing significant emerging challenges to the global security environment. Foremost among these emerging challenges are the long-term security implications of climate change …
These changes are prompting U.S. policymakers, decision-makers, and military planners … reevaluate and adjust our long-term ‘whole of government’ strategic priorities and approaches in the region.
Another world is not only possible, she is on her way. On a quiet day, I can hear her breathing.
… provided the factual and legal matrix upon which non-disclosure was made by the Party.
Unlike straight cash-for-votes transactions, such corruption is neither easily detected nor practical to criminalise. The best means of prevention is to identify and to remove the temptation.
Money should not buy access to, or influence with, public officials. The intention to evade the law relating to donations is unacceptable, even if the ICAC cannot legally call it corruption any more.
The power struggle between elements of the NSW party and the other states has long been a feature of internal Green politics but it is increasingly spilling into the public arena—this time ahead of a NSW preselection.
Brown said the NSW Greens party was a 'long term disappointment' which 'lags right behind' and had consistently opposed simple party reforms which the public expected.
'The incumbents in New South Wales—certainly that’s Lee in the Senate—have given great service, but are not hitting a chord with the voters at the moment and we need to move on,' he told the ABC’s 7.30 program.
The financial system is strong, well-regulated and well managed and I have not seen a case for a full-blown inquiry.
High-profile New South Wales Labor senator Sam Dastyari is facing mounting calls to explain why a company with links to the Chinese government repaid a debt on his behalf. Sydney-based Top Education Institute paid the bill of around $1,600.
Over the past two years, industry super funds have paid more than $5.4 million to unions and the ACTU, with a handy portion flowing upstream to Labor.
A very important concept escapes many Australians, including some politicians. It is that our country, knowingly or unknowingly, is engaged in preparations for fighting a nuclear war. There can be no mistake, no delusions and no cover-up about this very disturbing fact.
On Friday at the United Nations in Geneva, Australian diplomats called a vote they knew they would lose, split their already modest support base in half, and enraged more than 100 other countries that had been ready to agree to a painstakingly negotiated compromise. For its trouble, Australia gained precisely nothing, and seriously damaged its credibility and influence. If it sounds like a diplomatic train wreck, it was. What on earth was going on?
We seek to do more than just develop a number of iron ore deposits. Our objective is to develop a great region with all the complex infrastructure and associated developments that are necessary to have a permanent, contented, well housed, well‐educated and well cared for community.
I faced a similar situation as Minister … in 2000. It was not until I offered my resignation … that I was able to get people's undivided attention to what was at stake, that a perilous situation was averted and the CFA volunteers were backed …
Those who would put at risk the CFA's massive volunteer base—
We just don't want to be interfered with - we are volunteers …
… banks don't just operate under a banking licence, they operate under a social licence and that is underwritten by public confidence and trust.
We are horrified to consider the kind of Australia that could grow out of what is now being proposed.
We know intimately the impact that racist abuse has on our peoples. It undermines our sense of personal security and safety, can disenfranchise us even further from the rest of society, and literally makes us sick.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by the Leader of the Australian Greens (Senator Di Natale) today relating to political donations reform.
A person shall not improperly interfere with … the free performance by a senator of the senator's duties as a senator.
That the following matters be referred to the Committee of Privileges for inquiry and report:
In relation to the execution of search warrants by the Australian Federal Police on the Melbourne office of Senator Conroy and the home of an opposition staff member on 19-20 May 2016 and on the Department of Parliamentary Services at Parliament House, Canberra, on 24 August 2016 or subsequent actions allegedly undertaken by the AFP and NBN Co Limited, as specified in Senator Conroy's letter to the President of the Senate of 30 August 2016 raising a matter of privilege:
(a) whether there was any improper interference or attempted improper interference with the free performance by Senator Conroy of his duties as a senator;
(b) whether disciplinary or other adverse action was taken against any person in connection with the alleged provision of information to Senator Conroy; and
(c) if so, whether any contempts were committed in respect of those matters.
That the Senate—
notes that:
the 2016 Paralympics will take place in Rio from 7 September to 18 September,
around 4,350 athletes from more than 160 countries will travel to Rio to compete in 528 medal events in 22 different sports,
Australia will be represented by 169 athletes competing across 15 sports, and
Australia has a proud history of success at the Paralympic Games, competing at every Games since the first one in Rome in 1960 and finishing in the top five at every summer Games since the Barcelona Games in 1992, including at the London 2012 Paralympic Games where Australia placed fifth on the gold medal tally with 32 gold, 23 silver and 30 bronze medals;
recognises that the Paralympic Games play an important role in:
putting a spotlight on inclusion in our society,
highlighting the need for greater support for people living with disability in Australia and around the world,
shaping community attitudes towards disability, and
promoting sport for all Australians;
recognises the dedication and hard work of the athletes who have been named as part of the Australian Paralympic Team;
wishes our athletes well in Rio; and
calls on all parliamentarians to support the Australian Paralympic Team at the Rio 2016 Paralympic Games.
That the Senate—
notes that:
a large cache of documents has been made public regarding the treatment of asylum seekers including children on Nauru, and
these documents contain concerning reports of alleged abuse; and
call upon the Australian Government:
to reveal whether these serious and disturbing allegations of abuse have been investigated and the outcomes of those investigations, and
to appoint an Independent Children’s Advocate backed by adequate resources and statutory powers to ensure the rights and interests of children are protected.
That—
the Senate notes that:
the President’s report to the Senate on government responses outstanding to parliamentary committee reports as at 30 June 2016, listed the report of the Select Committee on Wind Turbines amongst the reports the Government had failed to respond to within the 3 month timeframe, and
the Government still has not provided a formal response to the committee’s report, although it has been some 12 months since the report was tabled; and
there be laid on the table by no later than 3.30 pm on 21 November 2016 by the Minister representing the Minister for Environment and Energy the Government’s response to the report of the Select Committee on Wind Turbines, dated August 2015.
That consideration of the business before the Senate on the following days be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable senators to make their first speeches without any question before the chair, as follows:
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by the last sitting day in March 2017:
The serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, with particular reference to:
the factors that have contributed to the abuse and self-harm alleged to have occurred;
how notifications of abuse and self-harm are investigated;
the obligations of the Commonwealth Government and contractors relating to the treatment of asylum seekers, including the provision of support, capability and capacity building to Nauruan authorities;
the provision of support services for asylum seekers who have been alleged or been found to have been subject to abuse, neglect or self-harm in the Centre or while residing in Nauru;
the effect of Part 6 of the Australian Border Force Act 2015 ;
attempts by the Commonwealth Government to negotiate third country resettlement of asylum seekers and refugees;
additional measures that could be implemented to expedite third country resettlement of asylum seekers and refugees within the Centre; and
any other related matters.
That so much of standing orders be suspended as would prevent this resolution having effect.
That the Veterans’ Entitlement Amendment (Expanded Gold Card Access) Bill 2015 be restored to the Notice Paper and that consideration of the bill be resumed at the stage reached in the last session of the previous Parliament.
That the Senate notes that the Prime Minister (Mr Turnbull) has repeatedly said making changes to section 18C of the Racial Discrimination Act is “not a priority” but has refused to rule them out.
That—
the Senate notes that:
the number of veterans who have served overseas in war and warlike circumstances since 1999 is some 50,000 personnel over 75,000 deployments which is now approaching the number of Australian veterans who served in Vietnam - 60,000 between 1962 and 1972,
some reports from ex-service organisations and former Australian Defence Force (ADF) members suggest that the number of veterans in our community who have committed suicide may be more than 280 veterans since 1999,
the Turnbull Government must now take steps to acknowledge this crisis among so many ADF veterans, and undertake the necessary research so as to measure the scale of the suicide rate,
some ex-service organisations and former ADF members believe that the complexity of Australia’s military compensation schemes, together with administrative failures and slow decision-making by the Department of Veterans’ Affairs (DVA), is a contributing factor to imposing financial hardship, stress on families, delays in medical treatment, and even homelessness and suicide; Australian Military Compensation Arrangements must be fair and provide former members of the Defence Force and their families who suffer a service injury or disease with a strong system of compensation and other benefits,
media reports and discussions with individual veterans, along with feedback from ex-service organisations have revealed a number of serious issues with the administration, governance and processes of DVA was over five years ago and is now outdated and the Turnbull Government must commit to undertaking a thorough review of DVA, addressing the issues above, and
the RSL Tasmania State Executive supports the following motion by State President Robert Dick: “As a society, we have an obligation to ensure that we care for those called upon to serve and defend our country. When there is a failure in the system that looks after and cares for these people, it is important to understand why that failure has occurred and to rectify it to ensure that it doesn’t happen again. A Senate inquiry is the most appropriate vehicle to explore these failures and identify the best means to remedy this situation and hold those responsible for the failures to account”; and
the above matters be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 1 December 2016, with particular reference to:
the reasons why Australian veterans are committing suicide at such high rates,
previous reviews of military compensation arrangements and their failings,
the Repatriation Medical Authority’s Statements of Principles, claims administration time limits, claims for detriment caused by defective administration, authorised medical treatment, level of compensation payments, including defence abuse, as contained in all military compensation arrangements,
the performance of DVA, and
any other related matters.
That the Senate—
notes that:
Australia has committed at the Paris climate talks to keep global warming below 2 degrees, and to pursue efforts to keep global warming below 1.5 degrees,
with only 1 degree of global warming so far, the Great Barrier Reef has already suffered the worst ever mass coral bleaching event,
if built, the Adani Carmichael coal mine would cancel out Australia’s weak 5 per cent pollution reduction target three times over, and
fourteen major international and domestic banks have ruled out providing finance to the Adani mine or associated infrastructure; and
calls on the Federal Government to rule out giving any public funding to the Adani coal mine or any associated infrastructure, including via the Northern Australia Infrastructure Facility.
That the Senate—
recognises the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria:
provides an invaluable contribution to the global decline in the numbers of new cases of HIV, tuberculosis and malaria as well as rates of morbidity and mortality in almost every country and region,
has, as a result of programs since 2002, saved an estimated 22 million lives by the end of 2016, and
requires long term ongoing funding to enable a continuation of this vital and significant improvement in the many countries that face the severe challenges posed by HIV/AIDS, Tuberculosis and Malaria;
notes that, on 16 and 17 September 2016, leaders of goverments and non-government contributors to the Global Fund will gather in Montreal to commit resources to the Global Fund for 2017-2019; and
acknowledges that:
the Fifth Replenishment Conference for the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria presents an important opportunity for Australia to increase our contribution to assist countries in our region combat the ongoing burden of AIDS, tuberculosis and malaria, and
Australia’s contribution to the Global Fund has a high return for the Asia Pacific region, with the Global Fund investing $15 in the Asia Pacific for each $1 Australia contributed to the Global Fund.
That so much of standing orders be suspended as would prevent this resolution having effect.
That the Restoring Territory Rights (Dying with Dignity) Bill 2016 be restored to the Notice Paper and that consideration of the bill be resumed at the stage reached in the last session of the previous Parliament.
That the Senate—
notes:
Transurban now either fully or partially operates 13 of the 15 toll roads in Sydney, Melbourne and Brisbane,
Transurban’s role in the construction and future operation of Melbourne’s Western Distributor, a “market-led” proposal,
Transurban’s stated intention to become the ‘natural custodian’ of Australia’s motorways as policy shifts towards greater road pricing,
the New South Wales Government’s stated intention to sell down its stake in the WestConnex project,
the extension of Transurban’s Citylink monopoly as part of the Western Distributor contract, and
the Productivity Commission’s assessment of the dangers of public private partnerships unless the “risks are transferred efficiently, transparently and credibly, with incentives that align the interests of the private sector with that of the public”; and
supports the approach that all contracts, business cases, transport and economic modelling and other associated documents of governments and between governments and private contractors in the planning, construction and operation of toll roads should be made fully available to the public, unredacted, in a timely manner.
That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 15 March 2017:
Noting the sovereignty of the Republic of Nauru and Papua New Guinea, and within the limits of Australia’s sovereignty:
conditions and treatment of asylum seekers and refugees at the regional processing centres in the Republic of Nauru and Papua New Guinea;
transparency and accountability mechanisms that apply to the regional processing centres in the Republic of Nauru and Papua New Guinea;
implementation of recommendations of the Moss Review in relation to the regional processing centre in the Republic of Nauru;
the extent to which the Australian-funded regional processing centres in the Republic of Nauru and Papua New Guinea are operating in compliance with Australian and international legal obligations;
the extent to which contracts associated with the operation of offshore processing centres are:
delivering value for money consistent with the definition contained in the Commonwealth procurement rules,
meeting the terms of their contracts, and
delivering services which meet Australian standards;
the documents known as the ‘Nauru files’; and
any other related matter.
The committee be granted access to all inquiry submissions and documents of the preceding committee relating to its inquiry on a similar matter.
That—
the Senate notes the Turnbull Government intends to provide funding now worth $1.2 billion for the Perth Freight Link and has no social, environmental or economic credibility; and
there be laid on the table no later than 11 am on Monday, 12 September 2016 by the Minister for Finance:
an estimate of the financial penalties or compensation that the Barnett Government has exposed WA taxpayers to, should the contracts be terminated, and
any correspondence or information (including briefings and meeting notes) relating to penalties or compensation that will be offered to contractors, should the contracts for the Perth Freight Link be terminated upon a change of government, including correspondence between any Australian Government minister, department or agency and the Western Australian Government on this matter.
That—
the Senate notes that:
on 3 August 2016, the Australian Statistician was interviewed on the ABC television program 7.30 in relation to the 2016 Census, and
during the interview the Australian Statistician referred to legal advice received from the Australian Government Solicitor; and
there be laid on the table no later than 3 pm on Monday, 12 September 2016 by the Minister representing the Minister for Small Business, the legal advice referred to by the Australian Statistician during his appearance on 7.30 on 3 August 2016.
That the Senate—
notes that:
at least 114 countries have banned foreign political donations, and
Australia is not one of the at least 114 countries that ban foreign political donations; and
calls on the Government to support legislative changes to make overseas political donations illegal.
That the Senate—
notes that:
more than $800 million was lost by Australians on legal sports betting in the 2014-15 financial year, an increase of more than 30 per cent from 2013-14,
while some restrictions on gambling advertising exist, there is an exemption that allows gambling advertising during televised sporting events at children’s viewing times,
research shows that children are especially susceptible to such advertising, and
there is a pressing need to ban gambling advertising particularly during children’s viewing times;
calls on the Government to amend the Broadcasting Services Act 1992 to ban gambling advertising during sporting broadcasts during children’s viewing times; and
further notes community concern about the recent increased level of gambling advertising on the Special Broadcasting Service, and calls on the Minister for Communications to issue a directive under section 11 of the Special Broadcasting Service Act 1991 to limit the amount of such advertising.
That the Senate—
notes that:
statistics from Tourism Research Australia show that backpackers spent approximately $3.4 billion in Australia for the year ending December 2015,
backpackers play a vital role in the Australian economy and perform important work in rural and regional areas,
while the Government has given a temporary reprieve on the backpacker tax, there is still a threat that it will be implemented in its current form,
rural and regional communities across Australia will be damaged if the Government does not rule out implementing the backpacker tax in its current form, and
the Queensland Liberal National Party recently passed a motion against the Government’s planned backpacker tax at its state convention; and
calls on the Government to immediately announce that it will not proceed with the implementation of the backpacker tax in its current form.
That the following matters be referred to the Standing Committee of Privileges for inquiry and report:
In relation to the execution of search warrants by the Australian Federal Police (AFP) on the Melbourne office of Senator Conroy and the home of an Opposition staff member on 19-20 May 2016, and on the Department of Parliamentary Services at Parliament House, Canberra, on 24 August 2016 or subsequent actions allegedly undertaken by the AFP and NBN Co Limited, as specified in Senator Conroy’s letter to the President of the Senate of 30 August 2016 raising a matter of privilege:
whether there was any improper interference, or attempted improper interference, with the free performance by Senator Conroy of his duties as a senator;
whether disciplinary or other adverse action was taken against any person in connection with the alleged provision of information to Senator Conroy; and
if so, whether any contempts were committed in respect of those matters.
That the Senate—
notes that:
former Treasurer Mr Wayne Swan thinks there should be stronger debate about the role of political donations and how donations are potentially leading to the skewing of political decision-making in favour of foreign countries,
most political donations are from domestic sources, which carry a similar risk of skewing decision-making in favour of donors, and
in the Australian Government’s 2008 Electoral Reform Green Paper, former Special Minister of State, Senator Faulkner, argued that the perception of undue influence can be as damaging to democracy as undue influence itself; and
calls for a ban on foreign political donations, and domestic donations from property developers, tobacco industry business entities, liquor business entities, gambling industry business entities, mineral resources or mining industry business entities, and industry lobby groups who represent these entities.
That leave of absence be granted to Senator Day today, for personal reasons.
That leave of absence be granted to Senator Carr for tomorrow, 1 September 2016, on account of shadow ministerial business.
That the following matter be referred to the Standing Committee of Privileges for inquiry and report:
The disposition of the material over which a claim of privilege has been made by Senator the Honourable Stephen Conroy, namely:
(a) the material delivered to the Clerk of the Senate on 20 May 2016 by Australian Federal Police (AFP) following the execution of search warrants on 19-20 May 2016 at the office of Senator Conroy at Treasury Place, Melbourne, and at the Brunswick home of an Opposition staff member;
(b) the material delivered to the Clerk of the Senate on 24 August 2016 by the AFP following the execution of search warrants on that day at the premises of the Department of Parliamentary Services, Parliament House, Canberra; and
(c) the material referred to in a letter from Senator Conroy to the Clerk of the Senate, dated 12 August 2016, being copies of material seized from his office and the home of a staff member on 19-20 May 2016 that had been acquired by the AFP in searching any other premises.
(2) In carrying out its inquiry, the committee shall have regard to the law of parliamentary privilege with reference to the Parliamentary Privileges Act 1987 and relevant court judgments relating to the interpretation and application of the Act.
(3) The committee shall be provided by the AFP with a list and a description of the seized material but the list and description to be provided by the AFP must not contain any information that could identify any person subject to investigation by the AFP in connection with the execution of the search warrants referred to in paragraph (1).
(4) The committee shall provide to affected parties the opportunity to make submissions on the claim of parliamentary privilege and may seek submissions on the application of the law of parliamentary privilege.
(5) If the committee is able to determine the matter without examining the material, it shall report accordingly to the Senate, making recommendations for the disposition of the material.
(6) If the committee is unable to determine the matter without an examination of the material, it may, with the further approval of the Senate, appoint an appropriate person to examine the material and report to it on the claim of parliamentary privilege. The committee shall then report to the Senate.
(7) Unless the Senate approves the appointment of a person to examine the material, it shall remain in the custody of the Clerk of the Senate at all times until its disposition is determined by the Senate, and shall not be examined by the committee.
That, on Thursday, 1 September 2016, consideration of private senators' bills under standing order 57(1)(d)(i) shall not be proceeded with and that government business shall have precedence for 2 hours and 20 minutes.
That departments and agencies be allocated to legislative and general purpose standing committees as follows:
That the temporary order relating to the consideration of ministerial statements that was in effect at the end of the 44th Parliament operate as a temporary order until 30 June 2017.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the Criminal Code Amendment (Animal Protection) Bill 2015 be restored to the Notice Paper and that consideration of the bill be resumed at the stage reached in the last session of the previous Parliament.
That the Senate—
(a) notes:
(i) the destructive impact of the floods in Tasmania which have had a devastating effect on the people of Tasmania, local communities and the natural environment,
(ii) the erosion of prime agricultural farmland, effect on agriculture, destruction of roads and bridges and consequential impact on the local economy;
(b) recognises the unwavering commitment and hard work of the emergency services, SES volunteers, business and community groups and the broader community for their exceptional efforts in responding to this natural disaster; and
(c) expresses its sincere condolences to the families who lost loved ones in the floods.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and that consideration of each of the bills be resumed at the stage reached in the last session of the previous Parliament:
Fair Work Amendment (Penalty Rates Exemption for Small Businesses) Bill 2015
Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015.
Racial Discrimination Amendment Bill 2016
That the following bill be introduced: A Bill for an Act to amend the Racial Discrimination Act 1975, and for related purposes—Racial Discrimination Amendment Bill 2016.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Freedom of speech has been described as 'the freedom par excellence : for without it, no other freedom could survive(Campbell and Whitmore, 1966) .'
It allows us to express our beliefs and thoughts.
It acts as a check against abuses of power.
It is – as Lord Steyn put it – the 'lifeblood of democracy (Steyn, 1999) '.
Yet in this world of heightened communication, where we can exercise our voice in more ways than ever before, this freedom is being eroded.
And one cause of this is section 18C of the Racial Discrimination Act 1975 (RDA).
Jennifer Oriel described the situation well when she wrote:
'… the world's most humanising principle is that we are each born free and equal, endowed with reason. Under the regime of minority privileges enshrined in the Racial Discrimination Act, however, we are once again unequal and endowed with emotion (Oriel, 2016) .'
An Orwellian environment
It's been almost two years since I spoke to the earlier version of this Bill, of which I was a co-sponsor.
Within those last two years we've seen, overseas and here in Australia, continued attacks on free speech; on an individual's right to express their beliefs and opinions.
Two notable cases in Australia showcase with crystal clarity the problem that exists.
The first relates to three university students in Queensland who continue to fight a three-year battle through the Australian Human Rights Commission and federal courts because they were kicked out of a computer lab due to their skin colour, and complained about it on Facebook.
These students were asked to leave the unsigned computer lab – where computers were not being used – because they were not Indigenous.
After leaving peacefully, one student made the following post on Facebook:
Just got kicked out of the unsigned Indigenous computer room. QUT stopping segregation with segregation.
Frankly, I don't know how any reasonable person can take offence at that.
Yet the staff member who asked the students to leave was so offended by this post (and others) that she lodged complaints with the university and the Human Rights Commission, and has been unable to return to work for two-and-a-half years because she felt 'at risk of imminent but unpredictable physical or verbal assault (Thomas, 2016) .'
The claimant is seeking almost $250,000 in damages.
Confidential settlements have been paid by some students who couldn't afford the costs required to defend themselves.
And the remaining students continue to face claims of racial vilification that will have impacts – even if the case is eventually dismissed – on their reputations and future careers.
In fact, the allegations have already caused one student to abandon his teaching career before it's even started.
All because one person took offence under section 18C.
Incredibly, not one of the advocates of the existing provision have – to my knowledge – publicly defended 18C in relation to this Queensland case.
To those who support 18C as it currently stands, it is incumbent on you to justify its use in regard to cases like this.
Surely, if this provision cannot be defended by its supporters, it needs to be reformed or repealed.
Then we have Bill Leak's cartoon in The Australian .
It's a cartoonist's job to offer provocative commentary on current issues.
And his cartoon sought to highlight family dysfunction in Aboriginal communities.
This should have prompted reasoned debate about this issue and what can be done to improve outcomes for Indigenous families – or indeed, any family of any colour experiencing problems.
Instead, the Race Commissioner encourages the public to lodge complaints if they are offended; prejudging Leak and fuelling a grievance culture.
How can we even begin to have meaningful discussion when the senior bureaucrat in charge essentially brands someone guilty of vilification from the outset?
This is the same Race Commissioner who says it could be racist if you don't pronounce someone's name correctly.
It's like something out of Yes, Minister … except this is the brave new world of the Government-funded grievance industry.
Same as 2014 bill
The Bill I introduce today is the same in substance as the Bill that Senator Day introduced in 2014, of which I was a co-sponsor.
Section 18C currently states that it is unlawful for someone to 'offend, insult, humiliate or intimidate another person or a group of people' based on their 'race, colour or national or ethnic origin'.
This Bill merely seeks to remove two words: 'offend' and 'insult'.
It is a very modest change, and one that is supported by a wide range of Australians, including Julian Burnside, David Marr, Justice Robert French, Justice Ron Sackville, Paul Howes, Mark Latham; along with other lawyers, academics and commentators across the political spectrum.
We are not talking here of removing section 18C completely.
It would still remain unlawful for someone to humiliate or intimidate another person or group based on their race, colour or ethnicity.
I believe that this is an elegant solution that strikes the right balance.
Offending or insulting someone should not be cause to drag someone before a commission or a court.
'I'm offended therefore you're wrong' – as Jennifer Oriel put it – has no place in a modern legal system and democratic society (Oriel, 2016) .
This is echoed by the treasurer of the Law Council of Australia and a past President of the Law Society of SA, Morry Bailes, who recently said:
'I neither condone offence nor insult on racial grounds; indeed, I am implacably opposed to it. But I do treasure the right to allow citizens to speak freely.
'We do ourselves a great disservice as a society utilising the Parliament to enforce the niceties of language. If you wish to be a rank racist and offend and insult, let society judge your actions rather than the courts (Bailes, 2016). '
Today I wish to acknowledge the co-sponsors of this Bill.
It is an extraordinary achievement that so many of my colleagues – from so many different political parties – are putting their names to this Bill.
It demonstrates how significant free speech is for so many Australians.
And it should give the Australian people confidence that members of this Senate can come together to work for the benefit of the nation and that we will stand up to represent their concerns in this place.
Law Reform Commission conclusions
Even one of this country's most influential legal reform bodies concludes there are valid concerns about the inclusion of the word 'offence' in section 18C.
The President of the Australian Law Reform Commission (ALRC) has said that 'by extending to matters only likely to offend, section 18C may go beyond the permissible limitations on freedom of speech' set out in international law (Croucher, 2016) .
And the Law Reform Commission echoed these concerns in its report:
'… there are arguments that s 18C lacks sufficient precision and clarity, and unjustifiably interferes with freedom of speech by extending to speech that is reasonably likely to 'offend' (ALRC, 2015) .'
Equivalent provisions in New Zealand and Great Britain do not cover offensiveness, and Canada recently repealed its broad provision because it conflicted with free speech.
Also, it was found that 18C is broader than article 20 of the International Covenant on Civil and Political Rights.
This led the Commission to conclude that:
'In some respects, the provision is broader than is required under international law, broader than similar laws in other jurisdictions, and may be susceptible to constitutional challenge (ALRC, 2015) .'
Such conclusions lend significant weight to amending 18C.
As does the views of Justice Ron Sackville, a former Federal Court judge, who says that 'the balance at present is not quite what it should be (Merritt and Martin, 2016) .'
Like this Bill, he proposes removing the words 'offend' and 'insult' – and then goes further in removing 'humiliate' and 'intimidate', replacing them with 'degrade, intimidate or incite hatred or contempt' – a much more stringent standard (Doig, 2016) .
And he believes an objective test based on community standards should be used instead of the more subjective test in the current Act.
Given that some of the best minds in our legal system hold serious concerns about section 18C, surely it is time to make a modest change to it in order to better protect free speech.
Coalition's position
Unfortunately, the Abbott Government took a backward step two years ago when it decided not to act on 18C.
But I welcome recent comments by the former Prime Minister, Mr Abbott, who admits he got it wrong.
He said that in hindsight, he 'should have persisted with a simpler amendment along the lines of Senator Bob Day's … private member's bill (Abbott, 2016) .'
Our current Prime Minister had also indicated his support for what I'm pursuing here today.
Just last year he told Andrew Bolt that he didn't think that removing 'offend' and 'insult' 'would have any negative impact' and that he 'was very comfortable about that (Breheny, 2015) .'
So I am disappointed – along with many Australians - that the Prime Minister and others now say that amending 18C is 'not a priority.'
Surely the Government is capable of doing two things at once.
In fact, this Bill makes things even easier for the Government … the hard work has been done: a Bill has been drafted, we've had the negotiations and all that's left for the Government to do is get on board.
Some have said amending 18C isn't a priority because it will not create extra jobs or build more roads or reverse the deficit.
Yet this argument rings hollow when this Government continues to put significant resources and time into Indigenous Constitutional recognition and the homosexual marriage plebiscite.
Removing two words from the RDA is more modest than the policy of reform the Coalition took to the 2013 election; an election they won convincingly.
Coalition policy at the time said:
'Prohibitions on inciting racial hatred or intimidation of particular groups should be focused on offences of incitement and causing fear but not a prohibition on causing offence (Liberal Party, 2013) .'
It's now time to return to defending this most basic principle - contained in our Party's statement of beliefs – in order to stop the detrimental impact that 18C has on our society.
I am pleased that 19 of my Senate colleagues are prepared to stand for what is right and have the courage of their convictions in supporting this Bill.
18C infantilises us
Reform of 18C is important.
Laws like 18C infantilise each one of us.
It erodes our ability to challenge ideas in open debate.
It assumes that we need the law to protect us when we are offended, rather than trusting Australians to assess and repudiate views.
Brendan O'Neill put it well when he said:
'Hate-speech legislation is not only an attack on the speaker — it is also an attack on the rest of us, the audience. It undermines our right, and our responsibility as citizens, to expose and confront bigotry; to use the tools of freedom and reason to challenge those who say genuinely racist things (O ' Neill, 2016) .'
He continues:
'Censorship … makes us lazy and childish and stupid. It turns us into infants who don't have to worry about what is right and wrong because that has already been decided for us by our good, gracious rulers and betters. It weakens our moral muscles; it retires our moral judgment. It encourages passivity, thoughtlessness, obedience — all of which are anathema to a healthy democratic society (O ' Neill, 2016) .'
The remedy for offensive and insulting words is more speech, not less.
In recent years, I have had the following levelled at me:
'… the world will be a better place when you and your ilk of conservative, out of touch, middle-aged white men finally expire.'
'You are the lowest common denominator of society, and are the definition of white trash.'
'You, as a wealthy, white, Christian male, appear to have a revolting sense of entitlement …'
Under current 18C I could probably take each of these people to the Human Rights Commission.
Their comments are based on the colour of my skin and could be deemed offensive by white people.
But I won't do that – although I do see the merit in Senator Leyonhjelm taking the Commission to task in order to expose potential double standards in how 18C is applied.
I can counteract these views through debate and discussion – in the battle of ideas.
That is the way to a better society.
Bad ideas can be brought out in the open rather than festering in the shadows, so that they can be challenged and exposed for what they are.
Citizens become more engaged as we entrust ourselves to consider ideas and formulate opinions.
More freedom in the exchange of ideas allows us to develop thoughts, find the truth and foster a more transparent, open and honest society.
Conclusion
To conclude, I don't want to see our country turn into a place where someone is arrested for quoting the Bible, or taken to court for calling a religion 'stupid', or sentenced to jail for singing a song at the football.
Sounds fanciful, but these things have happened in Britain and France.
We have an opportunity in this Parliament to make a difference, to fortify one of our most fundamental freedoms from the tyranny of censorship and group think.
I am encouraged by the support of the thousands of Australians who have signed my petition, and others who have engaged in the debate.
And I am heartened by the support of my colleagues in this place, from many different parties, who are willing to put principle above all else in pursuit of this 'freedom par excellence ' .
In the coming debate, I urge all involved to remember these words by a young Australian, Matthew Lesh:
'Ultimately, freedom of speech is meaningless if it applies only to those with whom you agree.
'It works only if you defend the right of people you fundamentally disagree with to express ideas you find deeply offensive (Lesh, 2016) .'
Offending or insulting someone should not be cause for legal action.
The law as it stands can have damaging implications for our freedoms and way of life.
This Bill seeks to defend a founding principle of our democracy; to maintain a fearless pursuit of truth.
The removal of two words. That's all this Bill is asking for.
It's a common sense solution for a free and vibrant Australia.
I commend this Bill to the Senate.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and that consideration of each of the bills be resumed at the stage reached in the last session of the previous Parliament:
Fair Work Amendment (Protecting Australian Workers) Bill 2016
Parliamentary Joint Committee on Intelligence and Security Amendment Bill 2015.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and that consideration of each of the bills be resumed at the stage reached in the last session of the previous Parliament:
Commonwealth Electoral Amendment (Donations Reform) Bill 2014
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2016
Commonwealth Electoral Amendment (Reducing Barriers for Minor Parties) Bill 2014
Defence Legislation Amendment (Parliamentary Approval of Overseas Service) Bill 2015
Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015
Fair Work Amendment (Gender Pay Gap) Bill 2015 Landholders' Right to Refuse (Gas and Coal) Bill 2015 Marriage Equality Amendment Bill 2013.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and that consideration of each of the bills be resumed at the stage reached in the last session of the previous Parliament:
Foreign Acquisitions Amendment (Agricultural Land) Bill 2010 [2013] Interactive Gambling Amendment (Sports Betting Reform) Bill 2015.
That—
(a) the Senate notes that:
(i) confidence and trust in the financial services industry has been shaken by ongoing revelations of scandals, which have resulted in tens of thousands of Australians being ripped off, including:
(A) retirees who have had their retirement savings gutted,
(B) families who have been rorted out of hundreds of thousands of dollars,
(C) small business owners who have lost everything, and
(D) life insurance policy holders who have been denied justice;
(ii) it is clear from the breadth and scope of the allegations that the problems in this industry go beyond any one bank or type of financial institution,
(iii) the Australian Labor Party, the Australian Greens, crossbench, Liberal and Nationals parliamentarians have supported a thorough investigation of the culture and practices within the financial services industry through a Royal Commission, which is the only forum with the coercive powers and broad jurisdiction necessary to properly perform this investigation, and
(iv) Australia has one of the strongest banking systems in the world,
but Australians must have confidence in their banks and financial institutions, making it necessary to sweep away doubt and uncover and deal with unethical behaviour that compromises that confidence;
(b) the Senate calls on the Prime Minister to request His Excellency the Governor-General of the Commonwealth of Australia issue Letters Patent to establish a Royal Commission to inquire into misconduct in the banking and financial services industry; and
(c) this resolution be communicated to the House of Representatives for concurrence.
A formal motion shall be put and determined without amendment or debate.
That:
(a) answers be provided by 14 September 2016 to all legislation committees relating to all questions taken on notice by the committees’ predecessor committees with respect to the Additional estimates 2015-16 and the Budget estimates 2016-17, and which remained unanswered at the beginning of the new Parliament; and
(b) for the purposes of standing order 74(5), the day set for answering the question for each of the unanswered questions is 14 September 2016.
That the Senate—
(a) acknowledges that:
(i) 4 August 2016 marked two years since the death of Ms Dhu in police custody in Western Australia, and
(ii) Ms Dhu's family has repeatedly called for the release of CCTV footage of Ms Dhu in police custody; and
(b) calls for:
(i) Ms Dhu's family's wishes to be respected, and for the CCTV footage to be publicly released by the Western Australian Government, and
(ii) the Commonwealth Government to work with state and territory counterparts to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody in full in order to prevent future deaths in custody.
That the Senate—
(a) acknowledges the damage done to men, women and children by offshore detention on Manus Island, Papua New Guinea and Nauru as revealed to the Parliament through Senate inquiries, independent government reports and a recent leak of more than 2,000 incident reports from Nauru; and
(b) calls on the Government to establish a Royal Commission into Australia’s immigration detention facilities, including those on Manus Island, Papua New Guinea and Nauru.
The Senate divided. [16:23]
(The President—Senator Parry)
That business of the Senate notice of motion No. 2, standing in my name for today and proposing a reference to the Economics References Committee relating to the 2016 Census, be withdrawn from the Notice Paper .
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Prime Minister's failure of leadership on economic policy.
It's hard not to conclude that Bill Shorten has the measure of Malcolm Turnbull. Policy after policy the Government is chasing the Opposition, rather than leading it.
In that period when we were putting things on and off the table and the electorate formed the opinion, 'well if you fellas, if you people, don't know what [you] are doing, that's a problem.
The electorate got a view that we didn't have a clear idea of where we wanted to take the country in terms of the economy.
Malcolm Turnbull went to the election offering a 'national plan for jobs and growth' that was supposed to secure our future.
Point four is the company tax cut and point five is 'a strong new economy with more than 200,000 jobs to be created in 2016-17'. This is just Treasury's budget forecast for growth in employment. Few of those extra jobs would have been 'created' by anything the government did.
That leave of absence be granted to Senator Day for 1 September 2016 for personal reasons—not today, as indicated earlier during the placing of business.
That the Senate take note of the report.
That the Senate take note of the reports.
That the Senate take note of the report.
That the Senate take note of the report.
Electorates across the country have vested in you their trust to deal sensibly, responsibly and diligently with a multitude of policy choices important not only to how Australians live today but to what sort of society we bequeath to future generations.
… my government will work constructively, cooperatively and creatively with each member and senator to focus on policy that improves the wellbeing, and secures the future, of all Australians, their families and their communities.
The commitment to do things with Aboriginal and Torres Strait Islander Australians, rather than doing things to communities, remains steadfast.
I don’t believe my wealth, or frankly most people’s wealth, is entirely a function of hard work. Of course hard work is important but, you know, there are taxi drivers that work harder than I ever have and they don’t have much money. There are cleaners that worked harder than I ever have or you ever have and they don’t have much money.
We have to recognise that the disruption that we see driven by technology, the volatility and change is our friend, is our friend if we are agile and smart enough to take advantage of it.
… a strong social safety net, including means-tested welfare, universal healthcare, and universal superannuation; progressive income tax and a low level for a consumption tax; high public investment in education; a solid minimum wage and minimum employment standards; and anti-discrimination protection.
It is worth noting that many of these fundamentals are exactly the features of Australia’s economy that are clearly in the sights of the current Coalition Government.
I struggled as hard as I could, but they were six and each one of them much bigger and stronger than I. They soon had me on the bed and firmly held me down by the shoulders, the arms, the knees, and the ankles.
Then the doctors came stealing in behind. Someone seized me by the head and thrust a sheet under my chin. I felt a man's hands trying to force my mouth open. I set my teeth and tightened my lips over them with all my strength. My breath was coming so quickly that I felt as if I should suffocate. I felt his fingers trying to press my lips apart—getting inside—and I felt them and a steel gag running around my gums and feeling for gaps in my teeth.
I felt I should go mad; I felt like a poor wild thing caught in a steel trap. I was tugging at my head to get it free. There were two of them holding it. There were two of them wrenching at my mouth. My breath was coming faster and with a sort of low scream that was getting louder. I heard them talking: 'Here is a gap.'