The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 09:30, read prayers and made an acknowledgement of country.
National Integrity Commission Bill 2013
In revelations that will cause international embarrassment for Australia and raise questions about the role of the nation's corporate watchdog, the files expose plans to pay alleged multimillion-dollar kickbacks in Iraq, Indonesia, Malaysia and elsewhere, along with other serious corporate misconduct.
Hundreds of confidential company documents, obtained during a six-month Fairfax Media investigation, also reveal a culture of rewarding corruption or incompetence, and abysmal corporate governance in what looms as the worst recent case of corporate corruption involving a major Australian firm.
ACLEI has the powers of a standing Royal Commission. It has the power to coerce people to give evidence, to hold public hearings, to execute search warrants, to tap phones and to conduct digital and physical surveillance and it has used these powers in this case—
… that the Australian Government support current and sound future research into potential anti-corruption systems appropriate for Australia …
… a NAC may also improve policy co-ordination, provide leadership and education services, reduce potential jurisdictional gaps, increase administrative efficiency, send an unambiguous signal that the issue of corruption is being taken seriously, and provide confidence to the public that corruption is minimised at the highest level of government.
More than two-thirds indicated that the ICAC had been successful at exposing corruption and more than half indicated that the ICAC had been successful at reducing corruption.
"I think it's been a bit of a surprise to people that the Integrity Commission's been so effective …
"Often when I speak to senior people across the public sector I don't think they expected that the Integrity Commission would be as public and as resolute in pursuing its agenda as it has been.
Says another anti-corruption fighter who has worked alongside ACLEI on highly sensitive jobs: "They are heavily reliant on the AFP. The trouble is when you are that reliant, it infects the sort of jobs ACLEI will take on."
This source also has concerns about ACLEI's decision to avoid public hearings into corruption, despite having the power to hold them. ACLEI is also reluctant to engage with the media about its operations, meaning the public rarely finds out about the true extent of corruption, cultural problems and management failures in the nation's border security agencies.
Companies, organisations and individuals arguably make political donations for one reason only: to influence Australian politics.
It's also been far too easy for governments — especially Labor ones — to do deals with Transurban. Transurban pays the upfront bill; the government doesn't have to borrow.
We all get a new or bigger road. You just let the meter run a few years more.
Defence Legislation Amendment (Parliamentary Approval of Overseas Service) Bill 2015
That our struggle for social justice brings us into irreconcilable conflict with the capitalist mode of production, and all other forms of class society.
…'good people' gaining control of these authoritarian and exploitative power structures.
At the end of the motion, add:
", but the Senate acknowledges the executive's responsibility to deploy forces at short notice and calls on the Government to be open and accountable to all parliamentary representatives prior to making such a decision.".
SELECTION OF BILLS COMMITTEE
Report no. 1 of 2017
1. The committee met in private session on Wednesday, 8 February 2017 at 7.32 pm.
2. The committee resolved to recommend—That—
(a) the provisions of the Airports Amendment Bill 2016 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 28 March 2017 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Building and Construction Industry (Improving Productivity) Amendment Bill 2017 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 15 February 2017 (see appendix 2 and 3 for a statement of reasons for referral);
(c) the provisions of the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 March 2017 (see appendix 4 for a statement of reasons for referral); and
(d) the provisions of the Therapeutic Goods Amendment (2016 Measures No. 1) Bill 2016 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 27 March 2017 (see appendix 5 and 6 for a statement of reasons for referral).
3. The committee resolved to recommend—That the following bills not be referred to committees:
Excise Levies Legislation Amendment (Honey) Bill 2016
Independent Parliamentary Expenses Authority (Consequential Amendments) Bill 2017
The committee recommends accordingly.
4. The committee deferred consideration of the following bills to its next meeting:
Diverted Profits Tax Bill 2017.
The committee recommends accordingly.
5. The committee considered the following bill but was unable to reach agreement:
(David Bushby)
Chair
9 February 2017
Proposal to refer a bill to a committee:
Name of bill:
Airports Legislation Amendment Bill 2016
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Rural & Regional Affairs Legislation Committee.
Possible hearing date(s):
To be determined by the Committee.
Possible reporting date:
Tuesday, 28 March 2017
Senator Anne Urquhart
Proposal to refer a bill to a committee:
Name of bill:
Expo Building and Construction (Improving Productivity) Amendment Bill 2017
Reasons for referral/principal issues for consideration:
The Bill requires investigation on the consequences of a shorter proposed transition period.
Possible submissions or evidence from:
Previous submitters
Committee to which bill is to be referred:
Education and Employment Legislation Committee.
Possible hearing date(s):
13 February 2017
Possible reporting date:
15 February 2017
Senator Skye Kakoschke-Moore
Proposal to refer a bill to a committee:
Name of bill:
Building and Construction Industry (Improving Productivity) Amendment Bill 2017
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
Possible reporting date:
27 February 2017
Senator Rachel Siewert
Proposal to refer a bill to a committee:
Name of bill:
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Week beginning 20 February 2017.
Possible reporting date:
20 March 2017
Senator Skye Kakoschke-Moore
Proposal to refer a bill to a committee:
Name of bill:
Therapeutic Goods Amendment (2016 Measures No. 1) Bill 2016
Reasons for referral/principal issues for consideration:
This bill enables changes to a complex regulatory system. The changes will mostly be made via regulations that have not been drafted, necessitating further scrutiny of the bill and the Government's implementation planning. Once made these changes would be difficult to unwind, heightening the bar for passage
Possible submissions or evidence from:
Relevant Government agencies (e.g. TGA); stakeholders including industry and consumer groups; health and regulatory experts
Committee to which bill is to be referred:
Possible hearing date(s):
To be determined by the Committee.
Possible reporting date:
27 March 2017
Senator Anne Urquhart
Proposal to refer a bill to a committee:
Name of bill:
Therapeutic Goods Amendment (2016 Measures No. 1) Bill 2016
Reasons for referral/principal issues for consideration:
Concerns about process proposed in the Bill
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Week commencing 6 March 2017.
Possible reporting date:
23 March 2017
Senator Skye Kakoschke-Moore
That the report be adopted.
At the end of the motion, add, "but,
(1) in respect of the Social Services Legislation Amendment (Omnibus Savings and Child Care Reform) Bill 2017 the provisions of the bill be referred immediately to Community Affairs Legislation Committee for inquiry and report by 20 March 2017; and
(2) in respect of the provisions of the Building and Construction Industry (Improving Productivity) Amendment Bill 2017, the Education and Employment Legislation Committee report by 27 March 2017."
The Senate divided. [12:21]
(The Deputy President—Senator Lines)
That—
(a) government business orders of the day as shown on today's order of business be considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
–––––––––––
Non-controversial government business—
No. 2 Corporations Amendment (Life Insurance Remuneration Arrangements) Bill 2016
No. 3 Corporations Amendment (Professional Standards of Financial Advisers) Bill 2016
No. 4 Tax and Superannuation Laws Amendment (2016 Measures No. 2) Bill 2016
No. 5 Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 2016
Hazardous Waste (Regulation of Exports and Imports) Levy Bill 2016
No. 6 Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016
No. 7 Regulatory Powers (Standardisation Reform) Bill 2016
That the order of general business for consideration today be as follows:
(a) general business notice of motion no. 199 standing in the name of Senator Gallagher relating to public infrastructure; and
(b) orders of the day relating to documents.
That the general business order of the day no. 38 (Australian Human Rights Commission Amendment (Preliminary Assessment Process) Bill 2017) be considered on Thursday, 16 February 2017 under consideration of private senators' bills.
That the following matter be referred to the Standing Committee of Privileges for inquiry and report:
Having regard to the material tabled by the President on 8 February 2017, whether there was any attempt to improperly influence a witness before the Environment and Communications References Committee, and whether any contempt of the Senate was committed in that regard.
That the Senate—
(a) notes that:
(i) the proportion of Australians leasing in the private rental housing market is the highest in over 50 years,
(ii) long-run structural changes in Australia's housing system are leading to increasing numbers of households choosing to rent on a long-term and, in some cases, a permanent basis,
(iii) comparative international studies, including a 2011 study by the Australian Housing and Urban Research Institute, show that tenancy laws administered by the Australian states and territories perform poorly in the provision of tenant protections against arbitrary eviction, excessive rent increases and allowing tenants the full enjoyment of their home,
(iv) in the absence of affordable owner-occupied housing, life-long renting is now a prospect for many people, and
(v) Australian tenancy laws may no longer be fit for purpose; and
(b) calls on the Government to work with the states, territories and relevant non-government organisations to set national minimum tenancy standards to ensure that tenants' rights are protected in relation to matters, including fairer processes around lease terminations and evictions, fair standards to govern the amounts by which rents can be increased, and provide for long-term residential leases that enable households the full enjoyment of a secure home.
That the Senate—
(a) acknowledges:
(i) that Aboriginal and Torres Strait Islander peoples are the First Peoples of these lands and waters,
(ii) that 26 January is a day of mourning for many Aboriginal and Torres Strait Islander peoples as it represents the beginning of colonisation, and
(iii) the call from Aboriginal and Torres Strait Islander organisations, local governments and community support to change the date; and
(b) calls on federal, state and territory governments to change the date of Australia Day so that all Australians can participate in celebrating this national day.
The Senate divided. [12:39]
(The Acting Deputy President—Senator Bernardi)
That the Senate—
(a) notes the substantial contribution to the economic health of North Queensland provided by the resources industry;
(b) acknowledges that the resources industry:
(i) contributed $2.97 billion in gross regional product in 2015-16 across two of the electorates that comprise a large part of North Queensland, namely Herbert and Kennedy,
(ii) paid $673 million in wages to 5,053 full-time employees in 2015-16 across the electorates of Herbert and Kennedy,
(iii) spent $952 million on local goods and services in 2015-16 across the electorates of Herbert and Kennedy, and
(iv) made contributions that benefited 151 community organisations in 2015-16 across the electorates of Herbert and Kennedy; and
(c) urges the Government to continue its support of this economically, socially and environmentally responsible industry.
That the Senate—
(a) notes the national framework agreed to by the Council of Australian Governments (COAG) in 2008 to tackle Indigenous disadvantage and the six priority areas for change identified by COAG;
(b) further notes that reports are presented by the Prime Minister to the Australian Parliament annually on progress in meeting these 'Closing the Gap' targets, along with a response by the Leader of the Opposition;
(c) is of the view that the presentation of these annual reports should be marked by a special parliamentary procedure in recognition of the significance of these initiatives to all Australians;
(d) therefore proposes to the House of Representatives that it consider marking the presentation of the Prime Minister's annual report on 'Closing the Gap' by:
(i) hosting a meeting of the House to which senators are invited, and
(ii) inviting senior Indigenous leaders to be present when the Prime Minister's annual report is presented; and
(e) resolves that, on its presentation to the Senate, the Prime Minister's annual report on 'Closing the Gap' and accompanying ministerial statement be listed for consideration as a government business order of the day, and that the Government undertake to provide for at least 2 hours consideration of the statement during government business time, not more than eight sitting days following the presentation of the report to the Senate.
(2) This order have continuing effect.
Corporations Amendment (Life Insurance Remuneration Arrangements) Bill 2016
… many advisers giving post-FOFA advice may prioritise their own interests in earning commissions income ahead of the interests of the client in getting good quality advice.
… balance improving the quality of advice and consumer understanding of remuneration arrangements, along with removing misaligned incentives, with sustaining a viable and competitive retail life insurance industry.
We've had a look at 17 inquiries over quite a number of years with the banks saying 'yeah, yeah, yeah, we're going to change' and then they don't. And then they find a way to have another inquiry and kick the can down the road to find another reason why they won't change.
I think though what we've got is a banking industry in Australia, particularly the big four banks, that believe for whatever reason that they can continue with business as usual and they don't have to change.
That this bill be now read a third time.
Corporations Amendment (Professional Standards of Financial Advisers) Bill 2016
The current basic RG146 standard to qualify as a financial planner can take less than eight days to complete in an open book, non-supervised environment.
It has created a lax environment riddled with widespread cheating on exams…
Self-regulation is no longer a credible option for establishing higher standards.
Increasing the professional, ethical and education standards applied to financial advisers is not intended to be a silver bullet or a single solution to all of the issues that may arise in this policy area, but rather is seen by the committee as one of a range of measures intended to improve the quality of advice and outcomes for investors.
That this bill be now read a third time.
Tax and Superannuation Laws Amendment (2016 Measures No. 2) Bill 2016
That this bill be now read a third time.
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 2016
Hazardous Waste (Regulation of Exports and Imports) Levy Bill 2016
That these bills be now read a third time.
Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016
That this bill be now read a third time.
Regulatory Powers (Standardisation Reform) Bill 2016
That this bill be now read a third time.
Migration Amendment (Character Cancellation Consequential Provisions) Bill 2016
… the protection of the Australian community and is particularly important in the offshore visa context. In considering whether a non-citizen should be granted a visa to come to Australia, there is an expectation that the non-citizen will not cause or threaten harm to either individuals or the Australian community. Where there is information that suggests that a visa applicant presents more than a minimal or remote risk of causing harm to an individual or the broader Australian community, it is entirely appropriate that the non-citizen's visa application be considered for refusal …
The proposed amendments are not designed to necessarily result in large increases in the number of people whose visa applications … are cancelled.
Through prolonging family separation this failure has also undermined the other aim of the department to give primary consideration to the best interests of the minor children of persons subject to visa cancellation.
We believe that houses will always be incredibly expensive if you can see the Opera House and the Sydney Harbour Bridge, just accept that.
The solution to that—and I am going to sound like a broken record here—is housing supply…
From a longer-term perspective, the challenge of providing an adequate supply of reasonably priced housing for an increasing population rests largely on the flexibility of land supply and, in particular, the supply of well-located land.
This is because high housing costs largely reflect high land prices…
I think housing affordability is a massive issue.
Houses are much cheaper in Tamworth, houses are much cheaper in Armidale, houses are much cheaper in Toowoomba.
… if you've got the gumption in you and you decide to move to Charleville—you're going to have a very affordable house.
That the Senate take note of the answers provided by Senator Brandis to the questions without notice asked today by myself and Senator Singh.
Bill Shorten's policy is calculated to reduce the value of your home.
We have been told time and time again that supply is the answer.
But it's no good creating cities in the southern highlands and outside of Goulburn and outside of Shepparton if the same game is played ... where the investor will have an enormous advantage over the homebuyer and then dominate that market.
When the facts change, I change my mind.
That the Senate take note of Senator Brandis's response to my questions relating to the forcible deportation of people from Manus Island.
That the documents I have just tabled, together with the final budget outcome 2015-16, be referred to committees for examination and report.
Australian Government response to the Senate Education and Employment Legislation Committee report:
Inquiry into the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2015 [Provisions]
February 2017
Introduction
The Australian Government welcomes the report by the Senate Education and Employment Legislation Committee in relation to the inquiry into the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2015 (the 2015 Child Care Bill) and thanks those individuals and organisations who contributed to this inquiry by preparing written submissions or appearing at the public hearings.
The Jobs for Families Child Care Package (the Package) will provide genuine and necessary reform for a simpler, more affordable, accessible and flexible child care system. The Government's child care assistance package strikes the right balance between targeted child care support for hard working families who depend upon it, a generous safety net to protect those most vulnerable in our community and ongoing support for high quality early learning. This is why the passage of the Child Care Bill, as well as the savings required to fund it, is amongst the Government's top priorities for 2017.
Since the Committee tabled its report, the Bill lapsed due to the prorogation of Parliament on 15 April 2016. The Bill was re-introduced to Parliament, with minor technical and corrective amendments, as the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2016 (the 2016 Child Care Bill) on 1 September 2016.
This Government response relates to the 2015 Child Care Bill, noting that some similar issues were raised, and responded to, through the Committee's Inquiry into the 2016 Child Care Bill and the Social Services Legislation Amendment (Family Payments Structural Reform and Participation Measures) Bill 2016.
Majority report
The Government welcomes and accepts the recommendation from the Majority Report that the Bill be passed, noting that this Bill has since been replaced by other legislation to give effect to the Package. The Government notes the Committee's view that the Package will target support to those who depend upon it in order to work or work more, as well as recognise the importance of access to high quality early childhood education and care for children.
Dissenting reports
The Government's response to each recommendation made in the Senate Committee's report is provided below, including those contained in the dissenting reports of Labor and the Australian Greens Senators respectively.
The Government has considered the views of the sector in developing this Bill, as well as the 2016 Bill, and will continue to consult with the sector and with the Senate cross-bench on the Package to ensure these reforms achieve the objectives of increasing affordability, flexibility and accessibility of the child care system for families.
Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2015
Recommendation contained in the Committee ' s Report
1. The committee recommends that the Senate pass the Bill.
The Government accepts the Committee's recommendation and urges Members of the House of Representatives and Senators to vote in favour of the Package in the Parliament to ensure the Government can deliver on its long term reform plan which delivers support to children and families, and a sustainable system for taxpayers and the sector.
Recommendations contained in Labor Senators ' Dissenting Report
Considering the evidence presented to the Committee, Labor Senators recommend the following amendments to the Bill:
1. Ensure that vulnerable children, or children at risk of abuse, not be worse off under the reforms;
The new Child Care Safety Net will assist disadvantaged communities and vulnerable and at‑risk children and their families by addressing barriers in accessing child care, while encouraging parents to enter or re-enter the workforce. In particular, the Additional Child Care Subsidy component of the Child Care Safety Net will provide targeted additional fee assistance to families and children facing barriers in accessing affordable child care, including:
Prior to the introduction of the 2015 Child Care Bill, the Government announced at the Mid-Year Economic and Fiscal Outlook 2015-16 the inclusion of Additional Child Care Subsidy (Grandparent). This was in response to sector feedback, to ensure grandparent primary carers on income support will have access to subsidised child care.
Since the time of the Committee's report, the Government has made further refinements to the Additional Child Care Subsidy to better support vulnerable children. For example, the name of the payment to support children at risk of serious abuse or neglect was changed from Additional Child Care Subsidy (At Risk) to Additional Child Care Subsidy (Child Wellbeing) in the 2016 Child Care Bill. This change was prompted by feedback from the sector that the original name could deter families from accessing this additional support. While the name has changed, the intent, design and application of the subsidy remains the same.
2. Ensure that families in Aboriginal and Torres Strait Islander communities not be worse off under the reforms by establishing an Aboriginal and Torres Strait Islander community based program within the new Child Care Safety Net;
The current funding model for Budget Based Funded (BBF) services is not working in a fair or transparent way, with some services receiving less than $100 per child per year and other services receiving thousands of dollars per child per year. A major program review, an ANAO audit and several smaller projects highlighted a range of problems with the BBF Program, including:
The Government notes that some stakeholders have called for a separate grant fund for services providing care for Aboriginal and Torres Strait Islander children. To do this would create these same issues, whereby artificial limits would be set, and services would not be paid according to the numbers of children that attend.
The new funding arrangements through the Child Care Subsidy will be demand driven, encouraging new services to open or expand their service delivery where there is need. This will mean former BBF services can be funded equitably based on the number of children they support and the services they deliver.
The new system has been designed to support a diverse range of services that have the flexibility to adapt to the needs of local families. The current arrangements do not allow this flexibility and have effectively limited services that would have benefited from a fairer funding model, such as the one proposed as part of this legislation.
Additional funding will be provided to eligible services through the Community Child Care Fund which will provide grants to child care services to reduce barriers to accessing child care, provide sustainability support for child care services experiencing viability issues and provide capital support to increase the supply of child care places in areas of high unmet demand, particularly in disadvantaged, regional or remote communities.
Further, the Additional Child Care Subsidy will provide extra subsidies to families who are eligible under the child-wellbeing component, those experiencing temporary financial hardship, and people moving from income support into work.
The Department of Education and Training has engaged consultants to provide face-to-face support to BBF funding recipients in their transition to the new child care system or, where appropriate, to move to alternative funding arrangements. This support commenced in May 2016.
Support will be provided in two phases. Phase 1, which will largely be completed by February 2017, is the development of a comprehensive report and transition plan for each BBF funding recipient including mobile BBF services. The analysis undertaken in Phase 1 will inform the ongoing tailored support provided to BBF funding recipients through Phase 2. This face-to-face support is expected to begin in February 2017 and will continue as long as necessary, beyond July 2018 if required.
3. Ensure volunteering is treated similarly to paid work or study under the activity test;
A broad range of activities will meet activity test requirements, including paid work, being self-employed, unpaid work in a family business, looking for work, undertaking unpaid voluntary work or studying. There will also be exemptions to the activity test for parents who legitimately cannot meet the requirements.
Through the Regulation Impact Statement for the Package, the Department of Education and Training's submission to the Senate Inquiry and sector consultation on Minister's and Secretary's Rules, the Government has consistently made it clear that a broad definition of voluntary work will be adopted for the purposes of the activity test.
The proposed definition which was provided to the Senate Committee during the hearing and which was the subject of sector consultation is: an individual undertakes unpaid voluntary work to improve work skills or employment prospects, or for community engagement. To be recognised, voluntary work can be undertaken at a registered or recognised voluntary organisation or other charitable or community organisation, and this may include churches, sporting clubs or schools. Since that time, and in response to further consultation from the sector, the proposed definition of unpaid voluntary work has been expanded to include volunteering in a centre-based service undertaking activities that directly support children's learning and development. The proposed inclusion of this activity will assist in encouraging parental engagement and supports children's learning and development.
It is also proposed that individuals undertaking unpaid voluntary work would be entitled to 36 hours per fortnight (step 1 of the activity test) of subsidised child care. Voluntary work can be combined with other recognised activities to increase hours of subsidised child care .
4. Ensure provisions are made to ensure casual and seasonal workers are not disadvantaged by the activity test by including appropriate averaging and transitionary arrangements, and including a six week 'exceptional circumstances' exemption; and
To ensure families with casual or irregular work are not disadvantaged by the activity test and to ensure their children receive continuity of care, parents in this circumstance will be able to estimate their hours of activity over a three month period.
Current provisions in the Bill ensure continuity of care when parents experience a sudden change in circumstance that affects their entitlement without the need for a six week exemption period.
These provisions include:
Individuals' eligibility for this payment can be backdated up to 28 days (from the date of application), in recognition that family circumstances may change with little or no notice.
5. The Government should provide modelling showing the longer term impact of the proposed benchmark price on the proportion of ECEC costs borne by parents and its impact on out of pocket costs. The Government should structure the child care subsidy more effectively to limit out of pocket costs for parents.
The new Child Care Subsidy has been designed to place downwards pressure on child care fees to improve affordability for families, through an hourly fee cap.
Fee assistance payments under the Child Care Subsidy are based on a percentage of the actual fees charged, up to the relevant percentage of an hourly fee cap, with the level of the cap varying based on the service type used. The hourly fee caps effectively set a 'benchmark price' from which Australian families have a reference point to hold providers accountable and from which they can expect prices should not dramatically exceed. This measure is necessary to ensure that the increased level of fee assistance offered by the Package does not accelerate fee increases, as we saw when the previous government increased the Child Care Rebate from 30 per cent of fees charged to 50 per cent of fees charged, with no constraints on the fees charged by centres. In addition, as part of simplifying the child care system and ensuring services can operate in a manner that best suits the families who use them, the Bill will reduce regulatory requirements currently applying to child care services, including the hours per day and days per week a service must open. This will mean that services and providers will be able to consider flexible options that better suit their children and families, as well as their business models, which will contribute to affordable and flexible child care options.
Further, Labor Senators recommend that the government:
6. Expand the Explanatory Memorandum to address key definitions (particularly with regard to abuse and neglect) pertaining to subsidies and payments;
The ability to define key terms (such as those related to "abuse and neglect" and "risk" for Additional Child Care Subsidy (at risk / child wellbeing)) in subordinate legislation was to allow for further consultation with the sector and other key stakeholders. Rather than pre-empt the outcome of ongoing consultation, the Government will table the Rules following the passage of legislation, in line with legislative process.
During 2016, the Department of Education and Training consulted the sector on all Minister's and Secretary's Rules which are proposed to be made at this time. The Government will continue to take sector feedback into consideration as the Rules are finalised. This is further elaborated in the Government's response to the more recent Senate Inquiry.
7. Extend the Ministerial Advisory Council on Child Care and Early Learning to include key stakeholders and peak bodies in the industry;
The Ministerial Advisory Council (MAC) on Child Care and Early Learning already consists of representatives of national peak bodies as well as experts in early childhood development and pedagogy, and the child care and early learning sector. MAC members' appointments were recently extended to the middle of 2017.
Given the diverse membership on MAC, as well as the range of other consultations with the sector (see Attachment A), the Government is confident it has received comprehensive feedback on all elements of the Package.
8. Review internationally recognised research on the returns on investment that public expenditure on early learning brings, ensure ECEC in Australia is in line with OECD best practice, and make sure levels of investment in early childhood are consistent with the best outcomes for children and the community; and
Australia performs well in its funding and delivery of early childhood education and care compared to other OECD countries, noting that the extent of public funding for early childhood education and care in Australia is not well represented in OECD data. This is because funding delivered to parents through fee subsidies is often reported as a 'private expense' in OECD data when in fact the Government provides generous subsidies that are targeted to families who need it most.
The Package reflects extensive consultation and expert analysis over several years and has been developed taking into account the significant evidence base developed by the Productivity Commission through its Inquiry into Childcare and Early Childhood Learning, including consideration of workforce participation, early childhood educational outcomes and relevant international models. This is why the objective of the Government's significant investment in the Package is to provide parents with more choice and opportunity to work, and children with high quality early education.
In addition, to understand the impact of the Package over time, there will be ongoing monitoring and evaluation of the changes to the child care system. The Government's framework for evaluation of the Child Care Package includes a post‑implementation review to commence in 2018-19 and a subsequent impact evaluation. The evaluation will build on the previously undertaken activities of monitoring, data collection, baseline data and the post implementation review to assess the effect of the changes on the community.
9. Immediately release to the public all data, research and evidence used in developing the legislation—including complete details of the impact the changes will have on families - so that the Senate can make a more informed assessment of its impact on all Australian families.
The Government has provided significant detail on the modelling and assumptions used to develop the Package and details of the impact the changes will have on families. This includes an impact analysis of the Package at Chapter 5 of the Regulatory Impact Statement. Section 5.3, in particular, analyses the impact on families, child care service providers, communities and governments, and an assessment of the Package's effectiveness at achieving the objectives of the reform. A summary of that information, as it relates to families, is provided in the submission to the inquiry made by the Department of Education and Training at paragraphs 137 to 142.
Recommendations contained in the Dissenting Report by the Australian Greens
1. The Australian Greens recommend that the activity test be amended to include an additional amount of base level subsidised childcare for all families that fall within the 0-8 hours of activity, so that all children have access to a minimum of 24 hours of subsidised child care per week.
The entry point to the activity test is set at a very low base - at least 8 hours of activity a fortnight results in access to up to 36 hours of subsidised child care a fortnight; more than 16 hours of activity a fortnight results in access to up to 72 hours of subsidised care a fortnight; and that more than 48 hours of activity a fortnight results in access to up to 100 hours of subsidised care a fortnight.
A broad range of activities will meet the activity test requirements, including paid work, looking for work, volunteering or study. People on paid and unpaid parental leave who are returning to work would also meet the activity test. To ensure families with casual or irregular work are not disadvantaged by the activity test and to ensure their children receive continuity of care, parents in this circumstance will be able to estimate their hours of activity over a three month period.
We know children from disadvantaged backgrounds benefit most from quality early childhood education and care, and that's why we're providing additional support to those who need it most. Families with incomes below around $65,000 (in 2017 terms) who do not meet the activity test will be able to access up to 24 hours per fortnight of subsidised care —equivalent to two weekly six-hour sessions—at the highest 85 per cent rate of subsidy (this is an increase on the current 72 per cent). The removal of minimum hours per day and days per week opening requirements will allow service providers' to deliver these hours over two sessions per week.
The Government is also considering the sector's proposal to increase the number of subsidised hours for families with low incomes (below around $65,000 in 2017 terms) who do not meet the activity test from 24 to 30 hours per fortnight as part of its negotiations and deliberations in preparation for Parliamentary debate.
2. The Australian Greens recommend that an adequately flexible reporting grace period be adopted that allows all casual workers, part-time workers with irregular hours or people who lose their jobs to estimate their expected activity and childcare needs, so as not to be disadvantaged by the activity test.
Refer to the response provided to Labor Senator's Dissenting Report, Recommendation 4, above.
3. The Australian Greens recommend that further detailed clarification be provided as to how the Additional Child Care Subsidy will meet the needs of vulnerable children, in particular children in remote and regional Australia, and Aboriginal and Torres Strait Islander children.
The new Child Care Safety Net will assist disadvantaged communities and vulnerable and at‑risk children, including children in remote and regional Australia and Aboriginal and Torres Strait Islander children, and their families to address barriers in accessing child care, while encouraging parents to enter or re-enter the workforce. In particular, the Additional Child Care Subsidy component of the Child Care Safety Net will provide targeted additional fee assistance to families and children facing barriers in accessing affordable child care, including:
Since the time of the Committee's report, the Department of Education and Training has undertaken consultation with the sector on the proposed detail of all Additional Child Care Subsidy payments, and will continue to engage with the sector as policy settings for these payments are finalised.
For further detail on specific support available to services currently funded through the Budget Based Funded program, please refer to the response provided to Labor Senator's Dissenting Report, Recommendation 2, above.
4. The Australian Greens recommend an amendment to include mechanisms for increasing childcare places where vacancy rates are critically low, creating barriers to parents being able to find affordable care.
The Government does not intervene directly in the child care market. Elements of the Package are aimed at encouraging services to be more flexible in how they provide care and child care places to both encourage more providers and to free up potential places in current services.
That senators be discharged from and appointed to committees in accordance with the documents circulated in the chamber.
The document read as follows—
Education and Employment Legislation Committee—
Appointed—
Substitute member: Senator Rhiannon to replace Senator Hanson-Young for the committee’s inquiry into the provisions of the Building and Construction Industry (Improving Productivity) Amendment Bill 2017
Participating member: Senator Hanson-Young
Environment and Communications References Committee—
Appointed—
Substitute member: Senator Smith to replace Senator Paterson for the committee’s inquiry into Aboriginal rock art of the Burrup Peninsula
Participating member: Senator Paterson
National Integrity Commission—Select Committee—
Appointed—
Senators Collins and Watt
Participating members: Senators Bilyk, Brown, Cameron, Carr, Chisholm, Dastyari, Dodson, Farrell, Gallacher. Gallagher, Ketter, Kitching, Lines, Marshall, McAllister, McCarthy, Moore, O’Neill, Polley, Pratt, Singh, Sterle, Urquhart and Wong
Red Tape—Select Committee—
Discharged—Senator Hinch
Appointed—Participating member: Senator Hinch.
Interactive Gambling Amendment Bill 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill 2016
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
INTERACTIVE GAMBLING AMENDMENT BILL 2016
Online gambling has grown with consumers moving away from traditional gambling products to betting online using smartphones, tablets and other digital devices. In 2014, $2.4 billion was spent on online gambling by Australians – which was double the amount ten years earlier. Australia's high rate of gambling expenditure and strong adoption of digital technologies makes it imperative that there is a strong and enforceable regulatory framework to protect Australians from the adverse effects of illegal online gambling services.
To support this objective, in April this year, the Government announced it would implement 18 of the 19 recommendations in the 2015 Illegal Offshore Wagering Review in a three staged process.
The Interactive Gambling Amendment Bill is the first stage of the Government's process to implement the recommendations in the Review. It will complement the other stages to establish a national consumer protection framework to minimise problem gambling and consult on other disruptive measures to stop offshore operators from providing illegal interactive gambling services to Australians.
Key findings of the Illegal Offshore Wagering Review
The Review found that the amount of money being spent on illegal wagering services could be as high as $400 million annually with a further $100 million in lost taxation revenue and product fees. Previous estimates found the total amount of money spent on all illegal interactive gambling services was close to $1 billion annually.
Offshore gambling has detrimental effects on the Australian wagering, racing and sporting industries, problem and at‑risk gamblers, consumers and government. Offshore gambling operators do not pay Australian taxes, racing or sporting fees; they do not share information regarding suspicious betting activity with law enforcement or sporting bodies which risks the integrity of Australian sport; they offer gambling services prohibited under Australian law; they can be used for money laundering and other criminal activities; and they provide minimal to no harm minimisation and consumer protection controls which poses a threat to problem and at-risk gamblers.
The Review showed the rate of problem gambling is higher among interactive gamblers compared to gamblers more generally − 2.7 per cent of interactive gamblers are problem gamblers compared to 0.9 per cent of all gamblers. The devastating effects of problem gambling is not just felt by the gambler but also his or her family, friends, colleagues and the community.
The Review concluded that the aim of governments should be to reduce the scope of illegal offshore gambling activity and control the associated harms through a range of disruptive and deterrent measures and strong enforcement of regulation.
Minimal enforcement of the Interactive Gambling Act
The key piece of legislation to protect Australians against illegal online gambling services is the Commonwealth's Interactive Gambling Act. The Actprohibits the provision and advertising of prohibited interactive gambling services to persons in Australia.
Stakeholders informed the Review that the existing approach to enforcement of the Interactive Gambling Act was insufficient to deter offshore operators from providing prohibited online gambling services to Australians. There have been no prosecutions under the Interactive Gambling Act since its inception in 2001 despite a considerable number of complaints made by Australians in regards to illegal online gambling services.
The borderless nature of the internet enables Australians to access hundreds of illegal online gambling sites on their computers and smartphones. Stakeholders assert that offshore operators ignore the provisions of the IGA because they are not well enforced.
Criminal prosecution is considered likely to be unsuccessful or ineffective due to the competing priorities of the Australian Federal Police, uncertainty around the legality of services under the Interactive Gambling Act, evidence requirements and the offshore location of gambling operators.
Some of these challenges were highlighted in 2015 when a number of Australian licensed wagering operators launched 'click to call' in-play betting services. The ACMA assessed these services as potentially a prohibited interactive gambling service and referred the matter to the Australian Federal Police for investigation. The Australian Federal Police declined to investigate due to competing priorities and ambiguity around the legality of these services under the Interactive Gambling Act.
The Bill sets out to address these challenges. It will clarify the law regarding illegal online gambling services and empower the ACMA by strengthening the enforcement mechanisms under the Interactive Gambling Act.
Reforms to the Interactive Gambling Act
The Bill will prohibit a person providing regulated interactive gambling services to Australians unless the person holds a licence under the law of an Australian State or Territory. This amendment will clarify the licensing requirements for interactive gambling services in Australia and will provide a simple to establish key criterion for enforcement agencies when investigating whether to take action against unlicensed services. It is expected that reputable gambling organisations will obtain a licence in Australia or cease providing illegal services.
The reforms will introduce a civil penalty regime to be enforced by the ACMA which will allow the ACMA to be responsible for the entire complaint handling process from receipt to enforcement. The ACMA will be able to issue formal warnings and infringement notices, and seek civil penalties and injunctions. This amendment will allow for a quicker and more focused response as formal investigation or prosecution processes will not depend upon the priorities of other agencies.
These penalties will also apply to any person that supports the provision of illegal interactive gambling services to Australians. Criminal offence provisions have been retained in the Interactive Gambling Act to allow the ACMA to refer complaints to the Australian Federal Police for more serious cases.
The Bill will prohibit 'click to call' in-play betting services. These services allow consumers to place a large number of bets in a short period of time which can lead to serious gambling problems. The Government is committed to closing down these services as they undermine the intent of the IGA to limit the scope of problem gambling in Australia.
The reforms will enable the ACMA to notify the Department of Immigration and Border Protection of the names of directors or principals of offending gambling services so they can be placed on the Movement Alert List and any travel to Australia can be disrupted.
These enforcement actions will be combined with a number of measures to build relationships with international regulators and raise awareness of Australian gambling laws and the risks associated with illegal gambling services.
Firstly, the ACMA will be able to notify international regulators of information relating to interactive gambling services. The offshore location of many gambling operators makes it difficult to enforce the IGA. Establishing productive relationships with international regulators to raise awareness of Australian gambling laws and receive assistance in any enforcement actions will assist the efforts of the ACMA to enforce the IGA in relation to foreign entities.
Secondly, some offshore gambling websites deliberately target Australian consumers by using Australian imagery and colloquialisms. Many consumers are unaware that these sites are not licensed in Australia and that there is limited legal recourse if they run into any difficulties obtaining winnings or deposits from these operators. The Bill will establish a register to be published on the ACMA website to raise awareness of wagering services that are licensed in Australia to ensure that persons looking to gamble will not inadvertently use an offshore site.
The combination of clearer legislation, stronger enforcement measures and awareness raising activities will assist in ensuring Australians are protected from illegal gambling services.
Other related amendments to the Interactive Gambling Act
The Bill contains related amendments to complement the ACMA's increased enforcement role, including to simplify and streamline the complaints handling and investigation process to remove mandatory requirements to refer matters to the police and enable the ACMA to handle the entire process from receipt of complaints to enforcement, similar to its complaints handling and enforcement role in relation to other legislation. The Bill also contains provisions to clarify the legality of services provided in licensed gambling and wagering venues and for the development of a legislative instrument to determine what constitutes a sporting event for the purposes of in-play betting under the IGA.
As mentioned, this Bill is the first stage of a three stage process the Government is taking to implement the recommendations in the Review.
The Government is working with State and Territory governments to establish a national consumer protection framework. It is imperative if we are to protect Australians from offshore gambling providers, we must ensure that proper protections exist in our own industry. The Government is also consulting with internet service providers and financial payment organisations on technological options to further disrupt the access of illegal offshore gambling services.
Conclusion
For too long, the Interactive Gambling Act has struggled in its role of keeping Australians, in particular problem and at‑risk gamblers, protected from the risks of illegal online gambling services.
A combination of clearer laws, an active regulator and stronger enforcement measures will send a clear message to operators that Australia is serious about compliance of its gambling laws. Whilst there will remain practical and legal challenges in prosecuting overseas entities, these measures are expected to reduce the provision of prohibited interactive gambling services to Australians.
I would like to thank the Hon Barry O'Farrell for leading the Review and the many stakeholders across the wagering, racing and sporting industries, academia, responsible gambling organisations, consumers and government who provided their views to inform the development of this Bill.
I commend this Bill and look forward to implementing the next stages of the Government's response to ensure Australia has a strong and enforceable regulatory framework for online gambling.
That the Senate condemns the failure of the Turnbull Government to invest in public transport infrastructure across Australia.
There was also a 7 per cent drop in train crew productivity due to more restrictive crewing rules agreed between unions and QR's—
management.
The supply of qualified drivers declined by 4 per cent over the same period, reaching 471 drivers in December 2016, due to QR preferring to operate with a 5-10 per cent undersupply of crew, driven by a practice of providing overtime opportunities and restrictions on the ability to recruit externally.
A Liberal Government will provide $53 million over the next four years toward the construction of a new rail line to Ellenbrook, to meet needs in the fast growing North Eastern Growth Corridor.
Max light rail, that project is going to be complex … my instinct tells me is that if any of the projects are going to slip out, it’ll be that one.
Our two key transformational projects to redefine travel and development patterns are the extension of the northern suburbs railway to Yanchep and a light rail from Mirrabooka to the CBD.
In total, 50 six-car sets (300 railcars) will be delivered over 10 years from 2019 at an estimated total capital cost of $1.2 billion.
We're just not in a position to make a huge commitment for the next series of cars.
The committee recommends that the Australian Government direct the Productivity Commission to conduct research into the impact of wind power electricity generation on retail electricity prices.
The Renewable Energy Target should be amended so that all new investments in renewable energy between 2015 and 2020 will be eligible to create renewable energy certificates for a period of no more than five years—
Australia has a moral obligation to protect the human rights of extradited persons …
The Committee cannot dismiss concerns over the lack of transparency in the Chinese justice system, allegations of the ill-treatment and torture of prisoners, and the continuing imposition of the death penalty.