
<hansard version="2.2" noNamespaceSchemaLocation="../../hansard.xsd">
  <session.header>
    <date>2017-12-05</date>
    <parliament.no>45</parliament.no>
    <session.no>1</session.no>
    <period.no>4</period.no>
    <chamber>Senate</chamber>
    <page.no>0</page.no>
    <proof>1</proof>
  </session.header>
  <chamber.xscript>
    <business.start>
      <body xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" style="" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" background="" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture">
        <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SODJobDate">
          <span class="HPS-SODJobDate">
            <span style="font-weight:bold;"></span>
            <a type="" href="Chamber">Tuesday, 5 December 2017</a>
          </span>
        </p>
        <p style="direction:ltr;unicode-bidi:normal;" class="HPS-Normal">
          <span class="HPS-Normal">
            <span style="font-weight:bold;">The PRESIDENT (Senator the Hon. </span>
            <span style="font-weight:bold;">Scott Ryan)</span> took the chair at 12:30, read prayers and made an acknowledgement of country.</span>
        </p>
      </body>
    </business.start>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>1</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>1</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>1</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Meeting</title>
          <page.no>1</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>12:31</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I remind senators that the question may be put on any proposal at the request of any senator.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>1</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017, First Home Super Saver Tax Bill 2017</title>
          <page.no>1</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" style="" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" background="" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture">
            <p>
              <a type="Bill" href="r5960">
                <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SubDebate">
                  <span class="HPS-SubDebate">Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017</span>
                </p>
              </a>
            </p>
            <a type="Bill" href="r5959">
              <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SubDebate">
                <span class="HPS-SubDebate">First Home Super Saver Tax Bill 2017</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>1</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>12:31</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>The idea from the movie <inline font-style="italic">Groundhog Day</inline> is something that I think is a modern trope that everybody understands—where you have to keep going over the same thing, and eventually, sometimes, the lesson gets learnt. So, it's an act of hope, I suppose, that I come into the chamber this afternoon to say, 'We need to talk about superannuation.' We need to keep talking about superannuation to this government because, when it started, they didn't understand it, and through the progress of the years, they've tried to impede its growth and development over and over.</para>
<para>Yesterday, we saw them really trying to have a go at Industry Super, which is delivering a two per cent to three per cent better result for its members than the banks are doing with the superannuation that they look after in the retail sector. We saw them wanting to attack that. And here we are again, and I'm going to have to do it all over again because this government—the Liberal-National coalition—do not understand what the people in the gallery and across this nation understand, which is that superannuation is a very important investment for Australians. We understand it. We know how important it is. They shouldn't be treating it like a little piggy bank that they can raid whenever they get the opportunity. As soon as they get into government, they go after superannuation. The Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017 is another attack on superannuation, and it reveals, once again, that this is a government that just doesn't get it.</para>
<para>Back to the history—superannuation is a Labor idea, implemented by a Labor government all that time ago under Paul Keating. Let me tell you, I grew up in the western suburbs, in the working-class suburbs. My father was an Irish immigrant. He ran a small business. He employed lots of people. There was not much talk about superannuation in our house. I didn't know what a public servant was. Superannuation wasn't something that we knew. But Paul Keating did. And as a leader in the Labor Party, he put a marker in the line of the history of this country and said, 'We are going to build a superannuation system that will support Australians, who will be able to retire with dignity.' Australians who didn't have great wealth already, Australians who were just going to work hard all their life, look after their families, contribute to their community, pay their tax—those Australians. The real ones. The ones on whose back this country has been built. They're the ones that Paul Keating was standing up for with his visionary view of what could happen if we actually did invest in superannuation.</para>
<para>The government from the beginning completely opposed this. They had all sorts of claims: the economy would collapse, small business would never survive and we'd ruin jobs and the future of the nation if we instituted superannuation. But here it is, down the track, and every Australian today—even young people who are starting on their first jobs, hopefully in a retail situation where they join the union, the SDA, and start to contribute to their superannuation—with a $2 trillion set of funds in superannuation are in a vastly different position than they were when this government decried superannuation in the first instance.</para>
<para>We started off with a small amount. Incrementally, we got up a little higher. Labor wanted to get to 12 per cent. As soon as Tony Abbott came in, that whole incremental increase stopped. When you change the government and you put this lot in, it changes your economic future in a very bad way if you're an ordinary working Australian. And they'll come up with all these little distracters, gifts and cute arguments, and they'll pretend that they're great economic managers. But I'll tell you who they're great economic managers for: people who've already got a hell of a lot of money. They're great economic managers for the banks. They've stood and waited for the banks to tell them, 'Okay, we're ready for a royal commission, and this is what we'd like it to look like.' That's the sort of government this Liberal-Nationals government is. Instead of doing the right thing by Australians, they pull a con job as often as they can.</para>
<para>That is why Labor of course does not support these bills that are before the house right now. I know that people across this country are concerned about the affordability of housing. Well, let me tell you, in the last period when Labor was in government we built over 20,000 houses. We still haven't caught up on what John Howard had taken away. The minute they get in, they cut investment in housing. And we've got this same attrition of housing access and housing affordability under a government that continues to claim economic credentials that it simply doesn't have. These bills that we are debating today will do absolutely nothing to reduce pressure on housing affordability—unlike what the government is signalling in the bizarre title of this bill. This is what it's called: the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill. Well, that's the first deception. With this legislation they're not doing what the title suggests. And that's what you get: you get this sort of front. But you've got to be a bit smarter than that. Don't accept what they say, because behind that front is always an attack on the life of ordinary hardworking Australians—the people the Labor Party stands up for.</para>
<para>Alongside not addressing housing affordability, with this piece of legislation they're looking to ruin another bit of our world-class superannuation system. These bills show that the government doesn't understand the purpose of the superannuation system, as I said in my opening remarks. This bill will do one thing. It'll undermine Australia's superannuation system, and Labor cannot and will not support it, because it's only the Labor Party that will always fight to protect your superannuation. For men and women, Labor is the party of universal compulsory superannuation. We decided that it was an important thing. We invested in it, we made it happen, we legislated for it, we've protected it, we've grown it and we've nurtured it, until we were in the position that we are, with a sound and solid superannuation system. There's more work to do to make it better. But every time this government gets in, they try to whittle it away, and this is another example of an attempt to whittle it away.</para>
<para>We know that Australia's housing affordability issue is something that wrests the mind of every Australian, whether you're a young person who says, 'I wonder if I'm actually going to be able to afford a house like my parents,' or whether you're a parent who says: 'I'm so proud to be an Australian, I love this country, I'm so glad I grew up here and I'm really happy that I was able to afford a house, but what about my kids? Will they have a chance? Will their children have a chance?'</para>
<para>Grandparents are saying, 'This is not the kind of situation that I thought I'd see in my country.' Instead of really addressing the fundamental problems we have around housing with carefully considered strategy, we have this government of dysfunction, disunity and chaos cobbling up misnamed bills and pretending to do something good for the Australian people.</para>
<para>The Labor Party has led the genuine debate about affordable housing. We've committed, in opposition, to important negative gearing and capital gains tax reforms—critical to keeping the pressure down on prices and making sure that people can afford a home, and ensuring that the taxation system shouldn't support people who have multiple opportunities to grow their wealth through many, many houses while young people in our country can't get their foot on the ladder to buy their very first house. The Labor Party is committed to making the taxation system fairer and to helping ensure ordinary Australian men and women can afford to buy a house and can have financial security for their families not just at the time they purchase a house but at the time that they grow their wealth over the course of their life and by the time they retire. That's what superannuation is about. It's about making sure that every Australian is in a position to retire with dignity. Before Keating made that happen, that was not the case in this country.</para>
<para>Instead of addressing the housing affordability issue, the government is exploiting the taxation structure of the superannuation system through this bill, and its exploitation goes against the purpose of superannuation. We all know that the superannuation tax structure is quite generous. It offers incentives through the tax system as an important way to encourage Australians to save for their retirement, and that is particularly important in a system where contributions are compulsory. There's a flat and generous taxation structure on the superannuation system, and it's meant to create an incentive so that people save for their retirement understanding that the dollars that they put in are taxed at a lower rate than they might be paying on their actual wages. The government argues that the purpose of super is to provide income in retirement to substitute or supplement the age pension—that's in the government's objective statement on the bill. But we, in Labor, see this superannuation system as much more important—much more than just that one goal. Older Australians who've worked all their lives should retire not in poverty; they should retire with financial security and, above all, with the dignity of savings that they've accumulated over time that have been invested wisely, that have grown their wealth, so they can make the choices they want to make, they deserve to make, in their retirement.</para>
<para>The taxation structure facilities that will allow that are ones that Labor supports—but not this bill. We know that most of those people in the top tax brackets gain the most benefit from taxation structures around superannuation. With that background, how is opening up the super system to people to put more money in it going to help those who cannot afford a home? The title 'the first home super bill' is a complete misrepresentation. It will not help young people on low to middle incomes in Australia purchase a home. In fact, researchers who look at the impacts of government decisions on superannuation have argued that it could lead to exactly what we don't want to occur—an increase in house prices, putting more pressure on families and also putting more pressure on the age pension. Instead of focusing on the structural issues that are facing our superannuation system, we can see through this bill that the government remains focused on repurposing or redesigning the system, ignoring its ultimate purpose for the Australian people. The current superannuation system is facing some challenges. It needs work to make it fit for purpose for our time.</para>
<para>One of the big problems we face—I want to put this on the record today when I know many of my colleagues are wearing white ribbons as we talk about women, about equity for women and opposing domestic violence—is that there's a huge gender gap. We have to make sure that women in retirement are safe, that if they need to they can make choices to leave unsafe relationships. That is a real issue that the government should be dealing with, and I wish I were in here talking on a bill addressing that problem. But we're not going to see it from this government. We're going to see something dressed up as something else and we're going to see an erosion of good policy for ordinary, hardworking Australians.</para>
<para>The facts demand reporting here. We know that women, on average, retire with around half the superannuation of men. That's just not acceptable. They do a lot more than half the work in many, many situations—certainly around the house. That remains the evidence we see: full-time working women doing many more hours of housework at home than their partners. Of course, those opposite will say, 'Well, they can just rely on their partner.' But that is a comment from another time. That is not the Australia that I've brought my daughters up to be a part of, as equal participants in creating the knowledge, the community and the wealth of this nation. Women are entitled. There are 50 per cent of us; it should be fifty-fifty. That's not the case in superannuation. In fact, older single women are one of the fastest-growing cohorts of people living in poverty. The Labor Party believes that financial independence is a critical goal that we must strive towards for this group of Australians.</para>
<para>The gender pay gap is a factor of interrupted work patterns and insecure work for women. Those are the things that cause the gap. It has been caused in part by cultural norms around what a woman's 'proper place' is. It cannot be into the future, but it's something that we're dealing with at this point in time—the legacy of that attitude. Until we have a proper change in cultural attitudes towards women and men in the workplace and with regard to superannuation, we should focus on ensuring the superannuation system works for all Australians—not just those working full-time, who are predominantly men; not just those in high-paying jobs, who are predominantly men; and not just those in continuous employment, who, sadly, are predominantly men. Things can change. Things will change. Paul Keating instituted superannuation. What a change that turned out to be! But we've got to set our sights on the right goals, not the sorts of goals that this bill seeks to achieve.</para>
<para>One union that is so often maligned by those opposite but is standing up and fighting for ordinary Australians is the SDA. Time and time again it's spoken about the need to ensure the gender gap in retirement is eradicated. With around 60 per cent of its members being women working in the retail sector, it is very well placed to fight for the rights and equity of those women. One of the things that unions do—unlike the ridiculous caricature of unions that we constantly hear from the other side—is invest in the intellectual work of putting together submissions to the important work that this parliament does. They put on the record what's happening to working people. The SDA did this work. It got together a submission to the Standing Committee on Economics in which it recommended that superannuation actually be paid on paid and unpaid parental leave. They said:</para>
<quote><para class="block">Women's participation in both paid employment and unpaid caring responsibilities must be genuinely acknowledged and reflected in meaningful policy outcomes to ensure that women are not relegated to a life of poverty and distress in their retirement years.</para></quote>
<para>I don't know how anyone in this chamber—whether they are a clerk working here; the Deputy President; one of the staff in the advisers' boxes, who are here supporting us; the person doing the <inline font-style="italic">Hansard</inline>; or a person in the gallery—could disagree with that. We actually believe in egalitarianism in this country. But, instead of doing something about that, the government are sitting here trying to take away the capacity of superannuation to deliver a decent, dignified retirement for all Australians. They're not dealing with the gender equity gap; they're just turning a blind eye to it. Mind you, it's pretty easy to turn a blind eye to it when you've got hardly any women in your party. That's another difference between the government and the Labor Party. Unlike this government, the Labor Party believes in pursuing proactive policy settings in superannuation that equitably maximise retirement incomes and seek to address the structural labour market disadvantages that women face. When you're in part-time employment, when you're not guaranteed employment, when you take leave to have children, that pulls you back. We need to do something about that, we need a vision for that, and we're not going to see it from those opposite.</para>
<para>Labor also believes in the necessity of superannuation to fund decent retirements for people who are challenged by the changes of automation and technology. We need to embrace the advantages of innovation when it grows our economy. We need to make sure that the technological changes that are part of our time create new roles and great jobs for the men and women of Australia. We know that, to make that happen, we have to invest in education. That's not what we're seeing from those opposite. They're not saying, 'Let's skill up, let's increase the wealth of the nation.' These guys are saying: 'Let's raid the piggy bank of superannuation, because the people are too dumb to figure out that, if they put the money away now, it'll affect them in retirement. We'll get away with this. We'll look like we're doing something about housing.' That's how cynical this bill is. They're attempting a little swiftie: 'Don't worry, the Australian people won't notice.'</para>
<para>I'm sure the Australian people are beginning to wake up to the fact that they cannot trust this government. This government lacks unity. It's eating itself alive. The Nats are fighting against the Liberals. This government has no vision for superannuation and has never had a vision for superannuation for the people from Curran Road, Blacktown, where I grew up, where no-one talked about superannuation. People are talking about superannuation now, because Labor put it on the agenda, and I reckon they're smart enough to figure out that this government doesn't give a toss for ordinary working people and their superannuation needs. This bill is another example of the fact that this Liberal Party, under Malcolm Turnbull, just doesn't get it.</para>
</speech>
<speech>
  <talker>
    <time.stamp>12:51</time.stamp>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Thank you, Senator O'Neill, for that very enthusiastic discussion of the benefits of superannuation in our country. I'd be the first one to join with you in acknowledging what former Prime Minister Keating did when he was Treasurer. I think superannuation has a very strong and sound place not just in our financial system, where it provides future investment opportunities in important projects, but in the benefit it has given ordinary Australians like my parents. I was born and bred in a working-class part of Perth, in Perth's northern suburbs, and am proud to say that my parents still live in their home of the last 40-odd years, with a very modest extension that allowed their two elder sons to not have to share a room anymore. These are the lived experiences of Australians. We know that providing Australians with affordable housing choices is a critical work program of any Australian government, and I'm pleased that this coalition government, led by Malcolm Turnbull, is doing exactly that. Giving Australians affordable housing choices and addressing other housing issues has been front and centre in the work of this coalition government and of Treasurer Scott Morrison, supported by the assistant minister, Michael Sukkar.</para>
<para>In the brief time available to me this afternoon I will share with the chamber what the government is seeking to do with these pieces of legislation and how the government proposes to do that. While the contributions of other senators with regard to the historical policy development in this area and broader economic areas provide interesting content for senators like myself to listen to, I think it is important that we focus on the current situation and how that informs our future policymaking. I'll speak briefly about that, drawing on some of the comments that the Assistant Minister to the Treasurer made in the last fortnight to the Australian Property Investors conference and also focus a little on the important issue of supply. I'm one of those people that believes discussions around housing access necessarily involve a discussion about the supply of land available for future housing stock. In addition to that I will talk about some commentary that has been made by the Reserve Bank of Australia in a submission to the House of Representatives inquiry into homeownership.</para>
<para>It doesn't matter what particular economic debate it is that we have to face in this chamber; it necessarily requires us to make decisions or choices about what sort of information we are going to rely upon in order to inform our decisions. We heard from Senator O'Neill that she puts a lot of faith in the informed or researched views of some elements of the trade union movement. I'm not saying whether that's right or wrong. I'm just reminding people that when we come to debate particular issues in this chamber we bring our own world view.</para>
<para>For my own part, I prefer to trust the judgements and historical evidence that have been accumulated by organisations like the Reserve Bank of Australia. I rely on the information that's brought forward in public debates and discourse from the Reserve Bank for a number of reasons. I do think that they have a corporate knowledge around these issues that is built on access to very substantial evidence that other stakeholders don't necessarily have.</para>
<para>I regard the Reserve Bank as genuinely independent. It would be very hard for anyone in our country to argue that it is not independent. Perhaps more importantly, when we think about who the custodians of the future economic management of our country are, some people will say, 'That's definitely Malcolm Turnbull, because he's the Prime Minister,' and some people will say, 'That's definitely the Senate chamber, because they're parliamentarians and they're interested in the economic future, and they want to win elections and get the support of constituents.' I argue that it's trusted institutions like the Reserve Bank of Australia, which will be there when Senator Smith moves on, when Senator Duniam moves on and, indeed, when Malcolm Turnbull is no longer the Prime Minister. Trust in the corporate knowledge, trust in the judgement—the very informed and, I'd say, considered and cautious judgement—of institutions like the Reserve Bank of Australia is certainly something that guides my views on these issues.</para>
<para>I'd like to share with the chamber and put on the public record a number of comments that the Reserve Bank of Australia made in a recent submission to the House of Representatives inquiry on homeownership. Its submission starts by saying:</para>
<quote><para class="block">The Bank recognises the importance of housing to the people of Australia.</para></quote>
<para>There'll be little or no argument in regard to that. It says:</para>
<quote><para class="block">Shelter is a fundamental human need, and purchasing the home one lives in is usually the largest financial investment a household will make. The affordability of suitable housing is, appropriately, a central concern of government policy …</para></quote>
<para>So what we're dealing with here today is not just any bill, any piece of legislation. It goes to the heart of what is a core concern for every Australian—a core responsibility of every Australian government—and that is to make housing choices available to Australians.</para>
<para>I want to share with you three points that were made in this particular Reserve Bank submission. The first point is what is happening to aggregate homeownership in our country. The second is to provide some context to the commentary we heard last night when we were debating this bill, and when Senator O'Neill did this afternoon, about the appropriateness of the taxation arrangements regarding housing and how they compare internationally. The third put this in the most important context: what is the demographic change that's been happening in our country not just for the last few years but over the last decades? How does that inform government decision-making and whether or not government decisions are properly accommodating the demographic change and, as best they can, trying to understand what that demographic change might look like in the future?</para>
<para>If I turn briefly to the first point, the aggregate homeownership issue in Australia, the submission says:</para>
<quote><para class="block">The aggregate home ownership rate in Australia has been broadly steady since the 1960s. Prior to that date, the rate was much lower. The home ownership rate for typical first home buyer age groups has drifted down over several decades. The pace of decline has not increased noticeably recently, but the underlying drivers of the decline might have changed. These trends have been roughly offset by the ageing of the population, so that the overall home ownership rate has been stable.</para></quote>
<para>That's interesting, because if you listen to some of the commentary in this place, but also the commentary more broadly, you would think that the homeownership rate in our country has been declining, or significantly declining. The RBA makes the very important point that aggregate homeownership in our country has actually remained stable. I put that point on the public record because I think it is important. If you listened to some contributions, you would think issues around housing and affordable access to housing are in a dramatic state of change. That's not true, and I use the aggregate homeownership point to demonstrate that there is a tremendous amount of underlying stability in our housing arrangements in Australia. But that's not to excuse the fact that demographic change—the ageing of the population, for example—is not an important issue and is not having a bearing on how we consider these issues into the future, and that is not to diminish the very, very important issue of homelessness in our country.</para>
<para>Secondly, could I make a point in regard to the taxation arrangements in Australia and how they compare internationally. The Reserve Bank of Australia's submission makes this point:</para>
<quote><para class="block">Housing, particularly owner-occupied housing, receives preferential taxation treatment in many countries, and Australia is no exception.</para></quote>
<para>That's a true statement, and over the course of last night and this morning we've had people reflect on the appropriateness or otherwise of that taxation treatment. The submission further states:</para>
<quote><para class="block">Australia’s taxation system is also relatively generous—</para></quote>
<para>but, before people get too excited, let me finish the quote—</para>
<quote><para class="block">to small investors in buy-to-let property compared with some other countries, because investors can deduct losses from their investments against wage income as well as other property income, and because capital gains are taxed at concessional rates. However, there are some other countries where the tax preference for investor property is even stronger than in Australia.</para></quote>
<para>I make that point to remind people—and I will be the first to admit, perhaps a little dangerously: I do think taxation arrangements regarding homeownership in Australia are worthy of more detailed discussion. I'm going to put that right out there. Let's hope no-one's listening! I do think that—that's my honest opinion. But, more broadly, I make that point because I think it's important that we understand that, while on the surface of it, if you listened to some of the contributions last night, you would have thought that Australia had an overly generous taxation arrangement in regard to homeownership, that's not true. Yes, Australia does have a generous arrangement, but there are arrangements in other countries and other jurisdictions that are even stronger than Australia's.</para>
<para>The third point I would like to reference is the comment the Reserve Bank of Australia made in regard to demographic change, and I think this is the most important one. I think of my parents' experience, marrying in the late 1960s and raising three children in the early 1970s, my father being a policeman for 35 years and my mother having the choice to stay home and raise three very young children in Perth's northern suburbs. In respect of their homeownership, as young parents they bought a very, very modest home in Perth's northern suburbs—a state housing commission home. It had two bedrooms; now it's got three. It was in what was then the urban sprawl in Western Australia. I remember very fondly, having come down from Port Hedland before I started primary school at the local school, driving up a deserted street, and there was our house—I think it was the second or third one in the street. I think about that experience compared to my sister's experience as a young parent raising two children in Perth's far northern suburbs and the choices they made—they are both working—about the sort of home they moved into. If you listen to my parents, my sister and my brother-in-law decided to opt for a much larger house on a much bigger block. I say that just to demonstrate that community attitudes change, and we know they change; we only have to look at our own family's experience. But I digress.</para>
<para>I will share further comments made by the Reserve Bank of Australia in its submission to the House of Representatives inquiry on homeownership. It said:</para>
<quote><para class="block">Demographic change has been an especially important driver—</para></quote>
<para>when considering homeownership issues in Australia. It continues:</para>
<quote><para class="block">In particular, the pronounced trend towards later marriage and family formation over the past 40 years or so would be expected to have reduced ownership rates. For example, the median age at first marriage for women rose from 20.9 years in 1974 to 27.9 years in 2010.</para></quote>
<para>It goes on to some other commentary and reflection with regards to the immediate postwar experience. Then it goes on to say:</para>
<quote><para class="block">Whatever the cause, a trend to later marriage is likely to have resulted in deferred home purchase among younger people. Over recent decades there has also been an increase in the prevalence of single-adult households, particularly single-parent households, in part driven by significantly higher divorce rates since the 1970s. This trend is also likely to have weighed on the home ownership rate, as single adult households have a much lower tendency to own their own home.</para></quote>
<para>In prefacing my contribution this afternoon, what I sought to do was reinforce the fact that, for my own consideration, I trust institutions like the Reserve Bank of Australia to give us the most impartial, nonpartisan view of the current dynamic with housing and this issue so that Australian governments can set policy direction; highlight the fact that demographic change is very, very important when considering what sort of legislative response we should have; add the arguments of the Reserve Bank to make the aggregate homeownership situation in Australia clear—we know from the evidence that it is stable and it is not in a state of serious decline, as some have tried to suggest; and put the taxation arrangements in their proper context, including how they fare compared to other international jurisdictions.</para>
<para>I know my colleague Senator Duniam wants to make some brief remarks on this legislation as well, so I might just—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Duniam</name>
    <name.id>263418</name.id>
  </talker>
  <para>Don't let me hold you up.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
  </talker>
  <para>Thank you, Senator Duniam. I might just make these last—</para>
<para>An honourable senator interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
  </talker>
  <para>I'm waiting for an interjection from my colleague Senator Whish-Wilson.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Whish-Wilson</name>
    <name.id>195565</name.id>
  </talker>
  <para>We fell asleep!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
  </talker>
  <para>Thank you very much, Senator Whish-Wilson. I'm happy to wake you up now! To put the legislation in context, I think it is important to think clearly about what the government is seeking to do and how it is seeking to do it. From the outset—and this won't be new news to senators in this place—the government is trying to create the right incentives around ownership of homes and housing choices for our country, and, importantly, to improve housing outcomes across the whole housing sector. This includes improving housing outcomes for first home buyers; improving housing choices and outcomes for those who choose to rent or are forced to rent; improving housing choices for older Australians who are looking to downsize—I think this is probably the one area where a better understanding of demographic change and the rate of that demographic change will inform government policy settings quite critically; and providing affordable and community housing to ameliorate the suffering that is caused by homelessness. Of course, we know that homelessness has many causes. Certainly, lack of access to home and shelter is important, but we know that there are mental health considerations and other sorts of things. Senator Whish-Wilson, I'm happy to share with you my own family's experience with homelessness, but that is for another time.</para>
<para>We know that Australians deserve accommodation and housing choices, but at all times this reflects the changing lifestyle decisions that Australians make for themselves—the demographic change. In our own life cycles, as we move from being a young person to having a young family to having an established family and then to ageing, we know that those accommodation and housing choices necessarily change. Senator O'Neill talked about our superannuation system. It is a system that I am big enough to agree is a significant and important addition to our financial security, both as individuals and as a nation. I absolutely endorse that. These decisions the government has taken are informed and carefully constructed. Some would say they are modest, but I would say they are well designed and fine-tuned to make sure government is staying abreast of the housing needs of Australians, but also mindful of the fact that demographic change is driving a reconsideration of our attitudes around housing, and that is very, very important. So, with those few remarks, I will take my seat.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>13:09</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I would like to thank all those senators who have contributed to this debate. I commend the bills to the Senate.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that the bills be read a second time.</para>
<para>Senator Gallagher did not vote, to compensate for the vacancy caused by the resignation of Senator Parry.</para>
<para>Senator Carr did not vote, to compensate for the vacancy caused by the resignation of Senator Nash.</para>
<para>Senator Sterle did not vote, to compensate for the vacancy caused by the resignation of Senator Kakoschke-Moore.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [13:14]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>35</num.votes>
                <title>AYES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Anning, F</name>
                  <name>Bernardi, C</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Cormann, M</name>
                  <name>Duniam, J</name>
                  <name>Fawcett, DJ</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Fifield, MP</name>
                  <name>Georgiou, P</name>
                  <name>Gichuhi, LM</name>
                  <name>Griff, S</name>
                  <name>Hanson, P</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Leyonhjelm, DE</name>
                  <name>Macdonald, ID</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>O'Sullivan, B</name>
                  <name>Paterson, J</name>
                  <name>Patrick, RL</name>
                  <name>Payne, MA</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Smith, D (teller)</name>
                  <name>Williams, JR</name>
                </names>
              </ayes>
              <noes>
                <num.votes>30</num.votes>
                <title>NOES</title>
                <names>
                  <name>Bartlett, AJJ</name>
                  <name>Bilyk, CL</name>
                  <name>Brown, CL</name>
                  <name>Cameron, DN</name>
                  <name>Chisholm, A</name>
                  <name>Collins, JMA</name>
                  <name>Dastyari, S</name>
                  <name>Di Natale, R</name>
                  <name>Dodson, P</name>
                  <name>Farrell, D</name>
                  <name>Gallacher, AM</name>
                  <name>Hanson-Young, SC</name>
                  <name>Ketter, CR</name>
                  <name>Kitching, K</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>McCarthy, M</name>
                  <name>McKim, NJ</name>
                  <name>Moore, CM</name>
                  <name>O'Neill, DM</name>
                  <name>Polley, H</name>
                  <name>Pratt, LC</name>
                  <name>Rhiannon, L</name>
                  <name>Rice, J</name>
                  <name>Siewert, R</name>
                  <name>Singh, LM</name>
                  <name>Steele-John, J</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>2</num.votes>
                <title>PAIRS</title>
                <names>
                  <name>Brandis, GH</name>
                  <name>Wong, P</name>
                  <name>Sinodinos, A</name>
                  <name>Marshall, G</name>
                </names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bills read a second time.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>In Committee</title>
            <page.no>8</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>13:17</time.stamp>
    <name role="metadata">Senator LEYONHJELM</name>
    <name.id>111206</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>by leave—I move amendments (1) to (3) to the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017 on sheet 8317 revised together:</para>
<quote><para class="block">(1) Page 2 (after line 11), after clause 3, insert:</para></quote>
<quote><para class="block">4 Review of operation of amendments</para></quote>
<quote><para class="block">(1) The Minister must cause an independent review of the operation of the amendments made by this Act.</para></quote>
<quote><para class="block">(2) The review must:</para></quote>
<quote><para class="block">(a) start as soon as practicable after 18 months after Royal Assent; and</para></quote>
<quote><para class="block">(b) be completed within 6 months.</para></quote>
<quote><para class="block">(3) The Minister must cause a written report about the review to be prepared.</para></quote>
<quote><para class="block">(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.</para></quote>
<quote><para class="block">(5) The report is not a legislative instrument.</para></quote>
<quote><para class="block">(2) Schedule 1, item 1, page 5 (after line 7), after subsection 138-10(2), insert:</para></quote>
<quote><para class="block">(2A) If the Commissioner determines that you have suffered a financial hardship, you are taken to have satisfied paragraph (2) (a).</para></quote>
<quote><para class="block">(2B) The regulations may specify the circumstances in which the Commissioner is to determine that a person has suffered a financial hardship for the purposes of subsection (2A).</para></quote>
<quote><para class="block">(3) Schedule 1, item 1, page 5 (lines 16 to 19), omit section 138-15, substitute:</para></quote>
<quote><para class="block">138-15 Review</para></quote>
<quote><para class="block">If you are dissatisfied with:</para></quote>
<quote><para class="block">(a) a *first home super saver determination in relation to you; or</para></quote>
<quote><para class="block">(b) a decision the Commissioner makes not to make a determination under subsection 138-10(2A);</para></quote>
<quote><para class="block">you may object against the determination, or the decision, as the case requires, in the manner set out in Part IVC.</para></quote>
<para>The government's First Home Super Saver Scheme allows taxpayers to make one withdrawal in their lifetime from their voluntary superannuation contributions to purchase their first and only home. Item 2 of my amendments provides an exemption to the requirement it be a first home. The exemption will apply if the tax commissioner determines that the taxpayer has suffered financial hardship, the circumstances of which can be determined by regulation. I envisage that regulations would refer to circumstances where a taxpayer has limited savings, is currently renting and had an interest in a home many years ago in a cheaper real estate market or when a taxpayer was in a relationship that has since broken down. Taxpayers will still be limited to one withdrawal of their voluntary superannuation in their lifetime and it must be for their only home. This amendment will help people who are struggling to leave the rental market and buy their own home in the face of high property prices. The fact that they once owned their own home, possibly some decades ago, does not make their struggle any less stressful.</para>
<para>Item 3 of my amendments allows taxpayers to object if they are dissatisfied with a decision of the commissioner ruling that the taxpayer has not suffered financial hardship, and item 1 requires a review of this bill's First Home Super Saver Scheme and downsizer reform. My view is that taxpayers should be able to withdraw more of their voluntary superannuation contributions in more circumstances. I would also hope that it would recommend that more people can put more of the proceeds from the sale of a house into superannuation. I commend my amendments to the Senate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:19</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The government will support these amendments, firstly in relation to the statutory review of the scheme. Undertaking a review of the scheme is consistent with best-practice regulation. Independent review would provide the opportunity to determine whether the scheme is meeting the needs of first home savers and operating as intended. Further, in relation to access for people who have suffered severe financial hardship, allowing those who have suffered a serious financial setback to access the scheme gives them access to the same concessions as first home savers. As such, people are effectively starting over again. It is appropriate that they be treated as being in a similar position. Requiring the commissioner to have regard to any matters specified by regulation allows the government to set clear parameters around who is eligible to use the financial hardship rule. This will ensure that access to the rule can be appropriately targeted.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:20</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Labor will not be supporting these amendments. The amendments, while well-meaning, are an attempt to make the First Home Super Saver Scheme workable. Labor has a fundamental opposition to this legislation. This is, again, about this government seeking to undermine the superannuation system in this country. The government has legislation in the parliament that sets up an objective for superannuation that relates to retirement income. So, on one hand they're saying that superannuation is about retirement income, yet in this bill they want it to be for saving for a home.</para>
<para>This legislation contradicts the objective that this government is putting forward. No wonder we've heard nothing from the government recently on the objective of superannuation legislation. We will not support the First Home Super Saver Scheme legislation or attempts, however well-meaning, to improve this legislation. Unless this government deals with capital gains tax and negative gearing, young people who are trying to buy their first home will always be at a disadvantage against wealthy individuals who use capital gains tax and negative gearing to give themselves an advantage over young first home buyers. Young first home buyers are actually subsidising the investors who are going in there and using the tax loopholes to give themselves an advantage against first home buyers.</para>
<para>If this government were half serious about the issue affecting young people trying to buy their first home, if it were half serious about trying to deal with the ballooning prices in our major cities, then it would deal with capital gains tax and negative gearing. Billions of dollars of our money is going to investors to subsidise them, against young people trying to buy a home—over a 10-year period about $32 billion of taxpayer subsidy to rich investors, lining up weekend in weekend out against young home buyers who are trying to buy their first home. If the government were half serious about this it would deal with inclusionary zoning such that developers making billions of dollars out of developments would be required to provide a ratio of units or homes to people who need help for community housing. Do you ever hear them talk about that? No, you don't.</para>
<para>This is a government that doesn't have a clue about housing. This is a government that doesn't have a housing minister. This is a government that is so confused about how you deal with this issue that it just can't come up with any legitimate proposals to deal with it. This is a government that got rid of the National Rental Affordability Scheme that was on track to provide 50,000 affordable homes to Australians across the country. This is a government that says they'll introduce a bond aggregator. We agree about introducing a bond aggregator. But they are so dumb, they are so incompetent, that, although they say they will introduce a bond aggregator, they are doing nothing about the yield gap for low-income people—the yield gap that would need to be dealt with to allow the community housing industry to invest in housing for low-paid Australians.</para>
<para>Let's just deal with this issue of superannuation for a minute. We are talking about helping young people with their superannuation savings, but the average balance for a young person between the age of 18 and 24 is $6,789. That's what the ATO says the average balance is. So young people need to be putting money into superannuation for their future. That's the key issue in superannuation. If you are between 25 and 29, you've got a balance of $20,504. The reason these amounts are so low is that this mob across the chamber—this mob who are so concerned with their internal politics, are fighting each other, have a weak Prime Minister—are so consumed with their internal problems that they can't focus on the real issues for Australians: the cost of living, electricity prices, housing, education, homelessness, health. These are the issues that any government worth its salt would be dealing with. But this mob is totally incapable of dealing with those issues.</para>
<para>Those opposite are saying that if you put more money into your superannuation you'll get a tax advantage. When wages are stagnating, when workers can't get a pay rise and they are battling to put food on the table, how is this an answer to housing affordability? It is not. When you get Senator Cash on her feet—not so much lately, but she has been on a regular basis—attacking workers' rights to collectively bargain and increase their wages, attacking the trade union movement that helps drive wages up in this country, then no wonder we've got wage stagnation. These are big issues, and this government has got a very small view about the approach that should be taken, part of which is its attack on the superannuation system.</para>
<para>We've got something like 500,000 Australians in either mortgage stress or rental stress—in other words, over 30 per cent of their income is going to pay their rent or pay their mortgage. You don't hear this government talk about that. They come in with piddling little schemes like this that have got no credibility, no focus on dealing with the big issues of housing and homelessness, and it is just clearly a demonstration of how out of touch this government is—not only the government but the Prime Minister of this country. It's all right for the Prime Minister, living in absolute luxury on the shores of Sydney Harbour, to talk about how people are doing it tough. He has never known what it's like to do it tough. He has never known what it's like not to be able to pay your mortgage, not to be able to pay your rent. This bill will not deal with those issues.</para>
<para>For all of the good faith that Senator Leyonhjelm brings with his amendments to try and resolve the issue, the amendments are meaningless. The crossbench need to understand that this government is incapable of negotiating with the states and dealing with housing and homelessness in an effective way. The states are walking away from this government because they know that it hasn't got a clue; they know that it doesn't have the policies to deal with housing and homelessness in this country. They know that the government is leaderless. They know that the government doesn't have the policies that go to the key issues. They know this is a government that wants to give $65 billion to the big end of town—to big business—in tax cuts, while workers' wages are stagnating and when they want to put more tax on ordinary working people.</para>
<para>This government is an absolute rabble. It's an absolute disgrace. It's falling apart at the seams. It doesn't have the answers that ordinary Australians need from a government to deal with housing and homelessness. The state Liberal-National governments don't have confidence in this government, nor do the government's own members. The public doesn't have confidence in this government. To come here and argue that this is the way to deal with housing and homelessness and getting young people into their first home demonstrates how incompetent the government is on the economic issues that are affecting ordinary Australians in this country. The government needs to focus less on infighting and more on what is in the interests of Australians in this country so that ordinary Australians can look forward to pay increases and being able to pay their bills, put food on their table, send their kids to school and—maybe, once in a blue moon—have a holiday. But all this government wants to do is cut penalty rates, attack the trade union movement and come up with nonsensical positions like this to try and deal with housing and homelessness. It is an absolute disgrace.</para>
<para>No wonder the public is walking away from this government in droves. No wonder the public has no confidence in it—the government has no confidence in itself! The Liberals are fighting the Nationals, the Nationals are fighting the Liberals, and the Liberals are fighting each other. There is no continuity in this government. There are no broad policy parameters. They don't know what they stand for. They are an absolute disgrace as a government. If this is 'grown-up government', as they said when they came into power, they've failed to demonstrate it; they're still in kindergarten, this mob. In fact, kindergarten kids are better behaved. Kindergarten kids know they've got to get on with each other. This mob don't. This mob don't know how to run a government. They are totally incompetent and out of touch. To come here with nonsensical propositions like this and say, 'We are doing something about housing prices' demonstrates what a bunch of tricksters they are.</para>
<para>They try and trick the public day in, day out. All they're interested in is the big end of town that puts money into their election coffers. All they're interested in is making sure the banks get off without a royal commission for years, and, when the banks finally give them permission to run a royal commission, they have terms of reference that will make sure the banks are not put under any pressure. They have a time scale in the royal commission that ensures the banks will not be put under any pressure, because it's a deal between the government and the banks. The terms of reference were worked out between the banks and the government only 24 hours before they announced the royal commission that they were saying they wouldn't have.</para>
<para>How can you believe this government on anything? How can anyone have confidence that this government is acting in the best interests of first home buyers? How can anyone believe this government ever acts in the interests of the community? It simply wants to attack unions, workers and those who are falling through the cracks in society—the weak people who don't have an opportunity to get a job. The government's social security amendments are ridiculous; they're all about attacking the weakest and most vulnerable in our community. This mob does not have a clue. This amendment will not resolve the problems. But One Nation will cuddle up to them and vote for it. One Nation do nothing for those who are down and out in this country. One Nation attack the unions. They are their best mates in this place—One Nation and the Liberal Party. The Liberal Party have even sold out the National Party to cuddle up to One Nation. They are an absolute disgrace and don't deserve to be in power.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:35</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I just want to put a few facts straight. It's quite interesting to listen to the comments of the Labor Party, as if they're all for the battlers. I don't take sides in this House, whether it's the government side or the opposition side. My job in this House is to bring accountability for the people of Australia. It's quite interesting to hear that Senator Cameron and the Labor Party are not backing this. It's basically a savings for first home buyers so that they can, as a tax deduction, as well, to them, put it into their savings account, into their superannuation, so that they can actually draw on that money to then buy a house, if they wish. I think it's a wonderful idea. It's going to encourage people to save for their first home. It will help them tax wise, as well.</para>
<para>This has nothing to do with any other superannuation program or any other issues that the government may want to put across with their superannuation. This is about helping people to be able to save to buy a home—their first home. As Senator Leyonhjelm's amendments address, if you've had a house previously you're not going to be stopped from buying a second one further down the track if you face financial difficulties, or if you've been through a divorce or for whatever reasons. I think that's commendable in the amendments Senator Leyonhjelm is putting forward, which we will be supporting.</para>
<para>When Senator Cameron says, 'They don't care about the housing market and big investors, and they're not looking after them,' let me draw him back to what Minister Chris Bowen and the Labor Party did. For any foreign developers in this country—and we have so many Chinese over here, plus other developers; but they are mainly Chinese, with all the high-rise buildings going up in Melbourne—they actually changed the laws to say that, instead of 50 per cent of the property having to be bought up by Australian homeowners, the whole lot can be sold to foreign investors.' Oh, they're worried about the battlers! They were worried about Australians owning their own homes! No, they didn't. On top of that, there was no stamp duty paid on those units. So this is Labor worrying about Australians owning their own homes. They changed the laws so that all of that development could be sold to foreign investors.</para>
<para>Since the government have been in here—and I supported them—that has been changed. Fifty per cent of those development sites must be sold to Australians. You also talk about how they're doing nothing for anyone else. With the foreign investment that's happened in this country, especially in buying up our prime agricultural land, it was okay under Labor. They could buy anything up to $240 million. So they allowed the foreign investors into the country. It was under the coalition—I think it was under Prime Minister Abbott—that it was reduced to $15 million. I think it's still over the top, but at least they reduced it. So where was Labor on supporting our prime agricultural land? Nowhere to be seen.</para>
<para>Another thing is they talk about looking after everyone. The reason for the high cost of living—for which I will have a go at both Labor and the government—is high immigration. Until you actually reduce the immigration numbers coming into this country, our housing will continue to go up and up. We cannot provide the amount of housing that we require for our own Australians and also allow for foreign investors, plus the immigration levels.</para>
<para>You talk about pay cuts to hard-earning workers. But it's alright for the union to take these hardworking Australians' union fees to pay people to work on polling booths for a day at $400 a day. Where are all those union fees going? What about the Craig Thomsons who use the moneys from workers' union fees to pay for prostitutes or whatever? So don't you talk about workers.</para>
<para class="italic">Senator Cameron interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>I remember a motion was put here in the parliament—moved by Senator Cory Bernardi and supported by One Nation and, I believe, Senator Jacqui Lambie—that there'd be not a cut but a freeze on politicians' wages until the budget was in surplus. There were six on this side agreeing to it. Where was Labor? Where was everyone else? On that side. So you weren't prepared to take a freeze on your wages.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>You've made your money with the Electoral Commission.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>This is Labor, really worried about the battler out there.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>You've made your money.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">The TEMPORARY CHAIR</name>
    <name.id>247871</name.id>
  </talker>
  <para>Senator Hanson, resume your seat for a moment, please. Order on my left! Senators are entitled to be heard in silence. Senator Hanson.</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>Thank you very much, Acting Deputy Chair. So it's all right for Labor to say they're out there for the battlers and everything else. No, they're not. You don't lead by example. You actually say a lot of things that aren't true. You talk about the rise and then don't address the electricity costs. Let me tell you that it's Labor in Queensland who have seen electricity prices rise by 200 per cent. It is because the powerlines and poles are owned by the state government—Labor. Forty-nine per cent of the power bill goes into the coffers of the Labor government. One Nation wanted to drop the price by 20 per cent. It could be dropped by 20 per cent, but, no, they're putting billions of dollars into the coffers. It's actually $1.5 billion a year out of the pockets of mums and dads and pensioners and businesses. You speak to your colleagues in Queensland, if they get back into government, and say that, unless they reduce the price of electricity, a number of businesses are going to go under: a fertiliser company; Boyne Smelters are going under; and there's another big business in Rockhampton that makes springs. They're actually struggling to pay their power bills.</para>
<para>You talk about jobs. What did you do to increase apprenticeship schemes when you were in government? Absolutely nothing. And it was under Labor that the 457 visa holder numbers increased in Australia. You brought people into the country who shouldn't have been here taking up jobs that should belong to Australian people. So don't you sit there and criticise. This superannuation bill is going to be very good for those people to be able to save their money—</para>
<para class="italic">Senator Cameron interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>and they can have the opportunity to buy their first home. Why don't you support that?</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>I'm criticising you—your racism.</para>
<para>The TEMPORARY CHAIR: Order! Senator Hanson, please resume your seat. We need some silence on my left. The senator is entitled to be heard. Senator Hanson.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>Thank you very much. When you hit the bone, it really hurts, doesn't it? They can't cop it. They want to dish it out to One Nation all the time. One Nation are here and we will support good legislation. When the Labor Party decide to put up good legislation—well, they won't until they're on the other side of the benches; they've got to get from that side to the other side—I'll consider supporting their legislation. They don't even attempt to put up commonsense amendments to try to help the legislation; they just knock it on the head. So, everyone out there who wants to own their own home, forget about it because Labor is not supporting you. They're too busy looking after their union mates and the delegates who end up in this place and on the benches in here, and then they forget about the hard workers out there.</para>
<para>The whole thing is: this is a good proposition; it's a good bill to help people get into their own homes. But we've got to start looking at the immigration level coming into Australia. We've got foreign students. We've got about a million in the country who are buying their own housing. This is having an impact on affordable housing. You've got state taxes and stamp duty which are also having an impact on it. There are many reasons for this. This is a good bill for superannuation to help people get into their own home. I support Senator Leyonhjelm's amendments to this and I support the government on their bill.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>13:44</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I'm really not sure what Senator Hanson's contribution, especially towards the latter end, had to do with housing, homeless, trying to reduce the cost of housing or helping young people get into a house. It was typical of Senator Hanson. She just gets up and doesn't know what she is talking about. She hasn't got a clue. It is typical One Nation. They have to bring in racism and immigration into the argument, because they've got nothing else going for them. It is either climate change denial, racism or attack the unions. They cuddle up to the coalition. That's all One Nation does. They may as well be a branch of the Liberal Party. They vote with the Liberal Party at every opportunity they get. Look at the votes in this place. They vote with the Liberals on every issue. On any issue that harms working people and any issue that looks after the big end of town One Nation are in there.</para>
<para>The hypocrisy of Senator Hanson coming in here and talking about anyone taking money off the government. Have a look at how much money One Nation and Senator Hanson have milked out of the electoral process over the years. She has become a millionaire through that process. She doesn't know what a battler is. She doesn't care about battlers in this place. Senator Hanson only looks after Senator Hanson.</para>
<para>Senator Hanson would destroy the trade union movement and would destroy workers' capacity to bargain. What would that do to young people getting into their home? I can tell you that when I was on the tools, when I was a blue-collar fitter, my penalty rates and overtime gave me the opportunity to save for a home. Yet what have they done? They have voted against these issues. One Nation were so embarrassed they had to vote against the penalty rate cuts, but prior to that they had been supporting cuts to penalty rates constantly. They were constantly supporting cuts to penalty rates. It just makes my blood boil when I see someone who has milked the system—like Senator Hanson, for every cent she can get out of the system—have the gall to come in here and criticise anyone else. It is an absolute disgrace.</para>
<para>All she is doing is cuddling up to the Liberal Party. The Liberal Party cuddle up to her. They cannot get around there quick enough to throw their arm around her. They can't get around there quick enough to cuddle up to Senator Hanson and One Nation, even if that is at the expense of the National Party, your party, Mr Temporary Chairman O'Sullivan. We have seen them cuddling up to One Nation: 'Forget about the traditional coalition. Forget about the National Party. Let's cuddle up to One Nation.' That's what they do.</para>
<para>They haven't got a clue about how to deal with the key issue, which is how we deal with housing and homelessness in this country. When was the last time you heard a senior minister in this government talk about housing and homelessness? I'll tell you when. It was at the last budget when they put up a grab bag of policies that would not make one difference to housing affordability in this country. They put up a grab bag of policies and the experts who looked at it said that you would need an electron microscope to see what difference this would make to housing prices.</para>
<para>This mob care about only the banks. They care about only the big end of town. They care about only the people who are putting money into their pocket to run elections. That's all they do. If you want to see how they deal with housing and homelessness, look at New South Wales. In New South Wales developers were constantly feeding money into coalition election campaigns. When the law was changed to ban donations from developers, what did they do? They met the developers in Newcastle in the back seat of the developers' Bentley and got brown paper bags stuffed with $10,000 to push into their election coffers, breaching the law.</para>
<para>This mob don't care about getting young people into homes. This mob are more interested in getting money from developers and builders. If they actually cared about housing and homelessness, they would have done something over the last four-and-a-bit years. They're into their fifth year of government, and they've done nothing of any substance to help working-class people get into a home. All they've done is stand back and watch house prices going through the roof and young people being pushed out. What we are seeing now is young people having to take accommodation that they would never have been forced into years ago. They want to save on rent, so they go down the housing ladder and they push unemployed people and the working poor out onto the streets.</para>
<para>When we see the results of the census on housing and homelessness, I bet that housing and homelessness will have increased exponentially in this country. Yet we never hear the government talking about these issues. They come here with these nonsensical pieces of legislation that will not deliver on housing affordability and will not assist young people get into their homes.</para>
<para>They've come up with a bond aggregate. The Treasurer, Mr Morrison, during the last break, headed off to the UK, to London, supposedly to look at what a bond aggregator could deliver. It was a nice little trip over to London. He was probably having a look at where Senator Brandis would live when he goes off to London. Mr Morrison was over in London supposedly looking at what's going to happen in the context of a bond aggregator. Labor didn't need to go to London to find out how a bond aggregator worked, because experts have been out here telling us how a bond aggregator works in the UK. We've had housing forums here where expert after expert has taken us through how a bond aggregator works. But the Treasurer had to go off to London during the holidays to have a look at this. What a load of nonsense! He didn't have to go to London at all. The experts from overseas had been here—and we've got our own Australian experts in this area.</para>
<para>The bond aggregator, which might help reduce costs for the community housing industry to provide housing for low-income people, social security recipients and the working poor, is still not enough to fund homes for poor people in this country. You never hear this mob talk about that, because they're not interested. In their five years in government they have not brought one piece of substantive legislation on housing and homelessness to this parliament. All they've done is cuddle up to the developers and the builders to make sure that they get money from the developers and builders to fund their next election campaign. That's what this mob are about.</para>
<para>They don't care about working-class people who can't get a house. They don't care about older women who end up with no income and no substantial superannuation and end up on the streets. They don't care about that. I've never heard a speech from them on that in all the time I've been here. They don't care about young Australians who have been in out-of-home care, end up leaving out-of-home care at 18 and end up on the streets with no experience, no job and no security. As a number of the NGOs have said to me, they end up being groomed by some of the hard heads out on the streets—young women being groomed out on our streets. Do you ever hear a coalition politician talk about that? No, you don't. What do you hear them talking about? You hear them talking about destroying the trade union movement and attacking the capacity of workers to bargain and get a decent wage to save for a home. That's what you hear out of this mob.</para>
<para>Senator Cash is on her feet in this parliament, day in and day out, attacking the trade union movement, attacking the working-class and attacking workers' capacity to bargain. That's what we get from this rabble of a government—this government that hasn't got a clue; this government with a weak leader; this government with a leader who won't even stand up for his own principles, won't stand up for his own values, and capitulates to whoever stands him up. That's all we get from this government. We don't get any action on the interests of working people in this country. They're too busy wanting to hand over $65 billion to the big end of town in tax cuts and hope that the trickle-down effect will work.</para>
<para>The trickle-down effect didn't work in America under Ronald Reagan, and it certainly won't work here under Prime Minister Turnbull. He just capitulates to every right-wing piece of ideology that he can. And, on the way through, all he's doing is protecting his own backside to make sure that he stays in parliament as the Prime Minister as long as he possibly can, avoiding an election and avoiding any capacity to deal with the real issues for working people in this country. One Nation is taking over as the major influence on the Liberal Party, with the National Party capitulating to this. They are bystanders while Pauline Hanson's One Nation takes over as the coalition member determining what policies Prime Minister Turnbull will deal with.</para>
<para>This is an absolute disgrace of a government. They don't deal effectively with health issues, they don't deal effectively with education, they don't deal effectively with the infrastructure to get people from point A to point B and they don't deal effectively with the economy. They go from increasing the GST to handing over taxation to the states—that lasted for a couple of weeks. They don't have any competent, intellectually based, economic policy. All they do is come in here, attack the trade union movement and simply mislead, as Senator Cash has done on five occasions. All they do is set up these supposedly independent organisations—which are stacked with Liberal Party staff so that the Liberal Party's position is the position that is determined by these 'independent' bodies—to attack their political opponents, to attack ordinary working people in this country and to attack the trade union movement. They are an absolute rabble and an absolute disgrace, and the sooner they're kicked out the better. <inline font-style="italic">(Time expired)</inline></para>
<para>Progress reported.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE</title>
        <page.no>14</page.no>
        <type>QUESTIONS WITHOUT NOTICE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Banking and Financial Services</title>
          <page.no>14</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Senator Brandis. The Prime Minister, for more than 600 days, argued that a banking royal commission 'will do nothing'. But, after last week's backflip, the Prime Minister claimed, in an email to his mail list, that the royal commission would:</para>
<quote><para class="block">… ensure our financial system is working efficiently and effectively for you, for your family, and for our economy.</para></quote>
<para>Which statement does the Prime Minister actually believe?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>The Prime Minister believes everything he says. Senator Ketter, I've tried to explain to you and your colleagues more than once this week, but let me try again. A banking royal commission was not the government's first preference; it was not. But we did arrive at a view last week that, because of some of the very wild language being used in the discussion of a royal commission about the financial system—in particular, coming from your side of politics, Senator Ketter—there was a real risk to the stability of the Australian financial system. For that reason, the government acted, as it ought to have done, to protect the stability and the integrity of the Australian financial system by establishing a royal commission.</para>
<para>It is not, by the way, the royal commission that Mr Shorten wanted, which, as I said a couple of weeks ago, would have gone on for years and achieved nothing, but a focused royal commission with tight terms of reference, an eminent Australian of unimpeachable integrity and expertise to conduct it, and a 12-month reporting date to ensure that it wouldn't go on forever and that it would be able to deal with specific problems and deal with them efficiently. In the meanwhile, while the debate about a banking royal commission was going on, the government announced a series of other measures in relation to the regulation of banks, like executive remuneration, like accountability to parliament, like a complaints procedure to enable those who were aggrieved by the conduct of banks to— <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Ketter, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:02</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>On Sunday, the Prime Minister said that the banking royal commission will 'provide more sunlight to this industry'. Given the Prime Minister continues to describe the banking royal commission as regrettable, why does the Prime Minister think shining light on the industry is regrettable?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:03</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>That's a schoolboy debating trick, Senator Ketter, if I may say so with respect. They're not really inconsistent propositions. What the government has done and the reasons that the government has done it are very clear. It was not our first preference; I've said that to you time and again. It was not our first preference, but, given the way the debate was shaping and given the risk that was perceived, including, by the way, by the banks themselves, to the stability of the Australian financial system, we thought we had to do this. It is the case that there will be transparency and, to use the word you've used, 'sunlight' thrown onto the system, just as there is sunlight being thrown onto the system by all the other measures—more-effective measures—that the government has already taken, like, for example, requiring banks' chief executives to front the House of Representatives economics committee four times a year. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Ketter, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Is it any wonder that one Liberal MP has reflected, 'Only we could give the voters what they've been calling for and still make that a vote loser'?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I haven't seen that said. I notice that you haven't put a name to this anonymous, unhelpful, disobliging colleague who is alleged to have said that, so I don't know if anyone said that. I treat unsourced, anonymous remarks with all the seriousness that they deserve.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>National Security</title>
          <page.no>15</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator FAWCETT</name>
    <name.id>DYU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>My question is to the Attorney-General, Senator Brandis. Following the announcement of the Prime Minister, the Attorney-General and Senator Cormann earlier today, can the Attorney provide the Senate with further information regarding the new foreign interference offences being introduced this week?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:05</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Yes, I can, Senator Fawcett. Thank you for that very important question. As the Prime Minister, Senator Cormann and I announced a short while ago, the government will introduce historic legislative reforms into the parliament this week that will reshape the ways our national security agencies investigate and disrupt acts of espionage and foreign interference in this country. Australia's espionage, foreign interference and related laws have not kept pace with the nature and the scale—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>What about government interference?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
  </talker>
  <para>Senator Cameron, I would have thought, this being a matter of national security, you might take it a little more seriously, rather than making your asinine injections. Australia's espionage, foreign interference and related laws have not kept pace with the nature and scale of the threat from foreign intelligence activity in this country. Australia's existing espionage offences are outdated. There has not been a successful espionage prosecution, in fact, for decades. We do not currently have any offences targeting broader covert foreign interference activities in this country, and our sabotage and treason offences are unworkable and out of date.</para>
<para>The government's proposed reforms will implement a tiered approach to acts of espionage and foreign interference, covering both intentional and reckless conduct and with penalties proportionate to their seriousness. They are designed to capture the full range of conduct undertaken by foreign intelligence services and other malicious actors to compromise our information and prejudice our national security. The penalties for espionage range from life imprisonment for the most serious offences to 15 years for the lesser offences. Penalties for foreign interference offences will range from 10 to 20 years imprisonment.</para>
<para>With these reforms, the Turnbull government is proposing world-leading legislation, developed after consultation with some of our closest intelligence partners, that will empower our agencies to protect Australia and its people from modern threats of state-sponsored interference and covert influence.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Fawcett, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:07</time.stamp>
    <name role="metadata">Senator FAWCETT</name>
    <name.id>DYU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Can the Attorney-General provide further detail on the specifics of the new foreign interference offences?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:07</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Yes, Senator Fawcett, I can. To address the serious gap in our existing legislation, a range of foreign interference offences will be introduced into the Commonwealth Criminal Code. These new offences will make it an offence to engage in conduct on behalf of, or in collaboration with, a foreign principal that is covert, deceptive or involves threats or menaces and is intended to serve the intelligence purposes of a foreign actor or cause harm to Australia's national security or influence a political or governmental process or the exercise of a democratic or political right in Australia. The new offences will also criminalise preparing for a foreign interference offence, which will allow law enforcement to interfere at an earlier stage, before damaging conduct occurs. In addition, there will be specific offences that criminalise supporting or funding a foreign intelligence agency, modelled on existing offences for supporting or funding terrorist organisations.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Fawcett, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:08</time.stamp>
    <name role="metadata">Senator FAWCETT</name>
    <name.id>DYU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Can the Attorney-General outline why these strong reforms to our foreign interference legislation are so important?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:08</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>They are important because foreign intelligence services are engaged in covert influence and interference on an unprecedented scale. Yet, while the Turnbull government is taking serious action against those threats, the opposite is true of the Labor Party. The Labor Party are not denying, nor seeking to offer an explanation for, the serious allegations of foreign influence and interference made in relation to Senator Dastyari. Instead, they have desperately tried to distract from the central issue by questioning where the allegations have come from. In doing so, of course, they have implicitly acknowledged these allegations are true—as Senator Dastyari, given the opportunity by the Senate last Thursday to address the allegations, neither explained nor denied them and must thereby be taken to have admitted them. This is a serious test for the integrity of the Labor Party and Bill Shorten. Not only have they refused to take necessary action against Senator Dastyari; they are covering up for him. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Taxation</title>
          <page.no>16</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:09</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Senator Brandis. I refer to the Prime Minister who, on Sunday, when asked about his promise of cuts to personal income tax, said:</para>
<quote><para class="block">… how much we can do and when we do it of course will depend on the budgetary circumstances.</para></quote>
<para>The Minister for Finance says the Turnbull government has effectively already assumed future further tax cuts in in budget projections. Senator, if the tax cuts are assumed, why won't the Prime Minister tell Australians how much they can expect and when they can expect it?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:10</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I'm quite sure, Senator McCarthy, that the Prime Minister will tell Australians how much they can expect and when they can expect it at the appropriate time.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McCarthy, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:10</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>Can the minister confirm that, with its last budget, the Turnbull government intends to increase taxes on middle-income earners, with someone earning $60,000 seeing an increase in their income tax of $300? Will the Prime Minister guarantee that his tax promise will more than offset this increase?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:11</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>That's not right. No, I can't confirm that, Senator McCarthy. In fact, I dispute it; it's quite wrong. The Labor Party is the party that wants to—</para>
<para>Honourable senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! I'm having trouble hearing. Order! Senator Wong, Senator Macdonald, Senator Cormann! I'm having trouble hearing Senator Brandis.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>It's a tax hike.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, please!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
  </talker>
  <para>So, Senator—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>He can't tell a lie.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, please! At least let the minister get a sentence out before the interjections commence again.</para>
<para>Honourable senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>He doesn't know what's in his budget.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order across the chamber!</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Cormann</name>
    <name.id>HDA</name.id>
  </talker>
  <para>We know what's in the budget.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cormann!</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>It's a tax increase on the Medicare levy.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Cormann</name>
    <name.id>HDA</name.id>
  </talker>
  <para>We are—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I'm happy to wait! Order! We can lose all of question time if these interjections continue. Senator Brandis.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
  </talker>
  <para>There is only one side of this chamber that is devoted to increasing taxes, and that is the Australian Labor Party, which has promised $164 billion worth of higher taxes. Meanwhile, this government has cut personal income taxes and has cut corporate income taxes, and, as you acknowledged in your initial question, Senator McCarthy, the Prime Minister has foreshadowed additional income tax cuts for Australian workers and families.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>A final supplementary question, Senator McCarthy.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:12</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>Given the Prime Minister's floated income tax cut comes only months after his government announced it would increase the tax burden on middle-income earners, shouldn't Australians judge the Prime Minister by his actions and not his words?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:12</time.stamp>
    <name role="metadata">Senator BRANDIS</name>
    <name.id>008W7</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Senator McCarthy, we're very pleased to be judged by our actions, because our actions have consisted of reducing the income tax burden on Australian workers and families and reducing the income tax burden on small and medium Australian enterprises, enabling them to employ more Australians. And there are more tax cuts on the way from the Turnbull government. There are the thus far unlegislated elements of our enterprise tax plan and there are the personal income tax cuts, which Mr Turnbull foreshadowed on Sunday, as you have acknowledged, Senator McCarthy. That's the difference between the Labor Party and the Liberal Party—higher taxes as well as higher electricity prices under the Labor Party; lower taxes and lower electricity prices under the coalition.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Immigration Detention</title>
          <page.no>17</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:13</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>My question is to the Minister for Employment representing the Minister for Immigration and Border Protection. Minister, I refer you to the situation on Nauru, where your government continues to detain hundreds of men, women and children in the RPC. Is your government contemplating or has your government contemplated closing the Nauru RPC?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:14</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator McKim for his question. Senator McKim, I can advise that the government is not closing the Nauru Regional Processing Centre. I can also advise that there has been no change in our policy. As the Minister for Immigration and Border Protection has stated, there will remain an enduring regional processing capacity on Nauru. Nauru has agreed to host an enduring regional processing capability, and Australia will continue to support Nauru to administer regional processing arrangements.</para>
<para>Senator McKim, yet again—through you, Mr President—I would say to you, 'You should not peddle false hope, as you like to. 'Let me make it clear on behalf of the Minister for Immigration and Border Protection: the government's strong and consistent border protection policies remain the same. No-one on Manus or Nauru will be resettled in Australia. You would be aware, and we are quite proud, that regional processing is a key pillar of the government's successful border protection policies, with turnbacks where it's safe to do so and temporary protection visas.</para>
<para>Just to remind those in the chamber of the coalition's record when it comes to protecting Australia's borders, there have been over 1,200 days without a boat arrival. There have been zero deaths at sea. We on this side of the chamber, because of our responsible action, have been able to close 17 detention centres, and, as senators are well aware, we have removed all children from detention. Our policies do not change.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McKim, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Minister, you've reaffirmed Minister Dutton's previous statement that the government believes you have an enduring need for the Nauru RPC. Therefore, will you categorically rule out your government taking any action to force the hundreds of men, women and children currently in the Nauru RPC out of the centre?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator McKim, you would know, given your questions on Manus Island, that our answer remains the same. The Australian government, the Nauru government and the PNG government act in accordance with the law. Despite what you might say and despite the allegations you raise, all because you raise something, Senator McKim—</para>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>On a point of order with regard to relevance, Mr President. Firstly, I haven't mentioned Manus Island in my question at all, and, I might add, I had no preamble to either of my questions. Secondly, the question was very specific. It wasn't about lawful or unlawful actions; it was about whether the government was going to take any action to force the men, women and children in the Nauru RPC out of the RPC. That was the only question I asked.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>In my view, the minister is being relevant to the question asked. I took notes on the question and I have been listening carefully. It is a broad portfolio matter.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>All because Senator McKim says something to get a headline does not mean it is true. I reaffirm the government's policy: we are not closing the Nauru Regional Processing Centre, despite Senator McKim raising the issue to yet again cause some trouble.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>A final supplementary question, Senator McKim.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:18</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Given your abject refusal to answer the question you were just asked, Minister, for clarity I will put it to you again: will you categorically rule out your government taking any action to force the hundreds of men, women and children currently in the Nauru RPC out of the centre? That is not asking you whether or not you're going to close it; it's asking you whether you're going to take that action.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I pause the clock. Senator O'Sullivan on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Sullivan</name>
    <name.id>247871</name.id>
  </talker>
  <para>The procedure says you cannot ask the same question for a second time. Senator McKim has indicated that's exactly what he was going to do.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>In my time in this chamber, while that rule is there, we have allowed senators to rephrase their questions in supplementaries. I treat this is a rephrasing. Senator McKim, please continue your question. I start the clock.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
  </talker>
  <para>I have completed my question and I would appreciate a direct answer from the minister this time.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I directly refer to my previous answer in answering this question.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Domestic and Family Violence</title>
          <page.no>18</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My question is also to the Minister for Employment and the Minister for Women, Senator Cash. Can the minister please update the Senate on how the Turnbull government is working to tackle the scourge of domestic violence in our community?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Reynolds for her question and for her commitment to gender equality and reducing violence against women and children. This morning many of us, from all sides of politics, had the opportunity to attend the annual White Ribbon Day breakfast, and we recommitted ourselves to doing all that we can to end violence against women and children.</para>
<para>The Turnbull government is determined to ensure that women and children in Australia are safe at home, safe on the streets and safe online. We're investing in programs that directly support women and children who are victims of or at risk of domestic violence. The first act of the Turnbull government in September 2015 was to announce a $100 million Women's Safety Package. This funding provided improved training for frontline workers and enhanced service delivery in critical areas. We continue to improve frontline services by training police, health workers and other frontline service providers to help them recognise the signs of domestic violence and respond accordingly. More funding for specialist domestic violence units will help provide essential services for women and children escaping domestic violence. In the 2017-18 budget, the Turnbull government committed an additional $39 million over the next three years for community legal centres, family law and domestic violence matters. We also provided $3.4 million over two years to expand specialist domestic violence units to provide essential trauma services to women who are experiencing or are at risk of domestic violence. The recipients of this funding were recently announced by the Attorney-General. Again, we are committed to combatting the devastating effects that domestic violence has in our community.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Reynolds, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:21</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank the minister for her response and I also commend the government for the actions that they are taking.</para>
<para class="italic">Senator Sterle interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
  </talker>
  <para>You might not find this a very important issue, Senator Sterle, but I do.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Reynolds, please continue your question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
  </talker>
  <para>That's just disgraceful.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Sterle! Senator Reynolds, please continue your question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
  </talker>
  <para>Can the minister please outline what the government is doing to target the behaviour that often leads to domestic violence?</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>14:22</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>As the Prime Minister again reiterated this morning, not all disrespect of women ends up in domestic violence, but all domestic violence begins with disrespect. It is unacceptable that three in 10 Australian women will experience physical violence; one in five sexual violence; and approximately one in four will experience violence from an intimate partner in their life. The Turnbull government is leading the cultural change to take domestic violence out of the shadows. Senators will be aware that last year, along with the states and territories, we launched a $30 million national campaign to change young people's attitudes to women and violence. The 'Stop It At The Start' campaign has run at various points in 2016 and 2017, and I'm pleased to advise that there have been more than 42 million online views of the TV ad. Again, it is crucial that all Australians work towards stopping domestic violence.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Reynolds, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:23</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Why is it important for employers to ensure that sexual harassment is not tolerated in the workplace?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:23</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senators will be aware that recently a number of allegations have come to light of misconduct, harassment and assault in the media, entertainment and arts industries. These serious allegations are deeply concerning. When power or authority is used by a man or a woman to physically harm, sexually assault or sexually harass another person, it is plain wrong and it needs to be called out for what it is.</para>
<para>Employers have a responsibility to ensure that inappropriate behaviour by men in positions of power towards women does not happen. Employers must ensure that they have processes in place so that allegations can be properly addressed and women are protected. The government encourages all employers to take their responsibility seriously to ensure that our workplaces are safe for all staff and that inappropriate behaviour has no place.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Workplace Relations</title>
          <page.no>19</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:24</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister for Employment, Senator Cash. Yesterday, the government again voted to cut the pay of approximately 700,000 Australian workers who rely on penalty rates. The restaurant and cafe industry employer group has recently decided to drop its penalty rate case—</para>
<para>Government senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator O'Neill, please. Order on my right! There will be plenty of opportunity for vigorous debate after the question is asked.</para>
<para class="italic">Senator Wong interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, I'm calling the right side of the chamber to order. I know you're being very helpful. Senator O'Neill, please continue your question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
  </talker>
  <para>Yesterday, the government again voted to cut the pay of approximately 700,000 Australian workers who rely on penalty rates. The restaurant and cafe industry employer group has recently decided to drop its penalty rates case due to insufficient evidence that cutting penalty rates would create jobs. In light of this action, does the minister stand by the Prime Minister's statement that cutting penalty rates will create hundreds of thousands of jobs?</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>14:25</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Yes. Because, you see, that is what the Fair Work Commission itself found—that there would be an increase in employment. I have to say, though, the hypocrisy of those opposite—</para>
<para>Opposition senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>when there is one person in the parliament who you can clearly label as having a reputation as someone who goes out there and slashes and burns the penalty rates of low-paid workers in Australia. Colleagues, give me a name.</para>
<para>Government senators: Bill Shorten!</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>The current Leader of the Opposition, Bill Shorten. We all know what Mr Shorten did before he entered parliament. As head of the AWU—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Point of order. Senator Cash, please resume your seat. Senator O'Neill, on a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>Thank you, Mr President. I will try to be creative in my request for relevance. There is an entire industry employer group that employs a significant number of Australians—the restaurant and cafe industry.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, what is the point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>The minister is not answering the question.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, your question had a substantial preamble that referred to a number of historic examples and matters of public debate. The minister is being relevant to the entire question, as asked. Senator Cash.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>Thank you. As I was saying, before he entered parliament, Mr Shorten made a living out of slashing and burning the penalty rates of the lowest-paid workers in Australia. I was going to talk about Cleanevent, but we can also talk Chiquita Mushrooms. What Mr Shorten used to do is what those on the other side stand up here and try to defend. They will always come into this place, colleagues, and they will defend until the day they die the right of the union movement—</para>
<para>Opposition senators interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Hinch is on his feet on a point of order. I think I can probably guess what it is, Senator Hinch.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Hinch</name>
    <name.id>2O4</name.id>
  </talker>
  <para>You know exactly what it is, Mr President.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>In that case, again, we've had another request—I nearly had one earlier from that end of the chamber—that they can't hear the question and, in this case, the answer. Can colleagues please keep that in mind during their disorderly interjections. Senator Cash.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>Thank you, Mr President. Those on the other side and Mr Shorten, in particular, given the stunt yesterday, will always defend the right of unions to enter into deals with big business to suit themselves and to cut the penalty rates of the lowest-paid workers in Australia. But when the independent Fair Work Commission that was set up by those opposite—and Bill Shorten gave them the terms of reference in relation to the penalty rates case—brings down a decision that gives small businesses in Australia a small break, those on the other side revert exactly to type. They back big business and big unions doing deals to cut penalty rates over small business any day of the week.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, a supplementary question.</para>
<para class="italic">Senator Cameron interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron! Your colleague is on her feet.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:29</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Isn't it true that the Turnbull government's cuts to penalty rates will hurt up to 10,800 retail and hospitality workers in Bennelong?</para>
<para class="italic">Senator Abetz interjecting—</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:29</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I have a very succinct answer to the question, colleagues—and thank you, Senator Abetz. The answer to the question is: no. You see, if anyone is responsible for the penalty rates cut, it is you on the other side. You set up the independent Fair Work Commission, you chose the head of the commission, you gave the commission the terms of reference to actually look at whether or not penalty rates should be reduced.</para>
<para>Opposition senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left! Senator Cash, please resume your seat. On a point of order, Senator Cameron?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>A point of order on relevance.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, the minister was being directly relevant to the question asked.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>You have not even heard my point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>It would be a stretch to define what the minister was saying as not relevant. I will hear you. Go ahead, Senator Cameron.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
  </talker>
  <para>This is a point of order on relevance. The minister was asked about Bennelong. This serial misleader in the Senate—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, resume your seat! The question, as asked, referred to a policy, as stated by the opposition, about the government. The minister was addressing that policy and is directly relevant to the question. It is not appropriate to make such an allegation or claim about another colleague in a point of order.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>Colleagues, those on the other side support a bed and breakfast having to pay $10 more an hour than a five-star hotel. I'm going to back the small business. Those opposite support a family chicken shop having to pay $8 more an hour than KFC. I'm going to support the small business. They support a family-owned takeaway business having to pay $8 more an hour than McDonald's. We're going to support the small business. Those on the other side support a family greengrocer having to pay $5 more an hour than Woolworths. John Alexander, I think, is going to stand up for small business every time. <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:31</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Given that this minister's behaviour has included misleading the Senate at least five times in the last month, is it fair to say she is more concerned about safeguarding her own job than protecting the jobs of Australian workers?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:31</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Absolutely not, and I'm not even going to dignify that with an answer.</para>
<para>Opposition senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>You know that I corrected the record as soon as I could. But let me tell you about the jobs—</para>
<para>Opposition senators interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Cash, please resume your seat. I am struggling to hear Senator Cash, who has a very powerful voice. On my left, can I have a little less noise so I can hear the minister?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>We, on this side, want to ensure—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Point of order, Senator Farrell?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Farrell</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Point of order. The minister has already said she's not going to answer the question, so she should then sit down.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I actually couldn't hear the minister, a point I made only moments ago when I was calling the chamber to order. I'll ask the minister to continue the answer, and I'll remind the minister of the question. I could not hear the first part of the minister's answer.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>Small business is the biggest employer in Australia. We proudly stand here on this side and say, 'Big business and big unions doing deals to cut penalty rates is wrong.' We will stand here every day of the week and go into bat for small business. We want to see small business prosper and grow. We want to see small business on a level playing field with big business. What we don't want to see is big businesses and big unions, time and time again, being able to do dirty little deals that take penalty rates away from workers—something which continues to be condoned by those on the other side.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Schools</title>
          <page.no>21</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:33</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>My question is to the Minister for Education and Training, Senator Birmingham. Can the minister outline how the Turnbull government is delivering record and growing levels of needs based funding for public schools across New South Wales, including Ryde Public School, in the electorate of Bennelong?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:33</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator McKenzie for her question. The Turnbull government is proudly supporting additional assistance to schools right around Australia—including in New South Wales, which the senator has asked about. Indeed, New South Wales public schools in the government system are going to benefit from growth of some 5.8 per cent per student per annum over the next four years. That's an increase of some $535 million over four years. This strong growth is flowing through to individual schools.</para>
<para>The senator asked about Ryde Public School in particular. That school will see funding growth from around $2,300 per student up to some $3,600 per student. That is just one of many. Arndell School, which is also in the electorate of Bennelong, will see growth from $9,700 per student to $14,700 per student. That's an increase of over $5,000 per student, driven by the individual needs of that school. Rydalmere East Public School will equally see growth, from $2,900 per student to $4,500. Epping Boys High School, which is a large school with more than 1,100 students, will see growth from $2,600 per student to more than $4,000.</para>
<para>This is strong real growth enabling those schools to put additional resources into helping their students and assisting their teachers to deliver what those schools need. Of course, it stands in stark contrast to the Labor candidate for Bennelong, Kristina Keneally, who as Premier was happy to cut $318 million out of schools in New South Wales. The Turnbull government and John Alexander are putting extra funding into New South Wales schools where Kristina Keneally was more than happy to cut it.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McKenzie, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:35</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Is the minister aware of any false or misleading information being spread about the government's real needs based funding for New South Wales public schools?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:35</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para> (—) (): You have heard the one about lies, damn lies. They might as well change the saying to 'Lies, damn lies and the Australian Labor Party', because the Australian Labor Party and their trade union mates are out in Bennelong trying to whip up a scare campaign based on lies, based on blatant mistruths. There is some $1.67 billion of extra funding flowing into New South Wales government schools and yet only the Australian Labor Party would believe that $1.67 billion more was a cut. It's no wonder that they managed to drive the budget into the deficit they created—no wonder they racked up the debt they did—when they think $1.67 billion more is a cut. But they are the lies that go out. They are happy to tell lies and spread mistruths. They are happy to try to claim government on the back of lies. We will not stand for it. We'll make sure that voters understand the growing funding available. <inline font-style="italic">(Time expired)</inline></para>
<para>Honourable senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! I will call Senator McKenzie when there is some semblance of silence.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Watt</name>
    <name.id>245759</name.id>
  </talker>
  <para>I hope this question is about the regions.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Watt, that wasn't helpful.</para>
<para>Opposition senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left.</para>
<para>Government senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my right now, please. Senator McKenzie is on her feet. Senator McKenzie, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:37</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Can the minister update the Senate on how the Turnbull government's growing needs based funding will help schools to support the individual needs of their students?</para>
<para class="italic">Senator Jacinta Collins interjecting—</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:37</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I'm happy to take Senator Collins's interjection because students with disability will receive $22.7 billion across the country. That's what we are providing.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Jacinta Collins</name>
    <name.id>GB6</name.id>
  </talker>
  <para>Good. What are you hiding?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Collins!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>And, of course, New South Wales students will receive their fair share of that $22.7 billion. We are delivering needs based funding that ensures that students with disability get extra support—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Jacinta Collins</name>
    <name.id>GB6</name.id>
  </talker>
  <para>More fantasy figures. You've got no credibility, Simon.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Collins!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>that students from Indigenous backgrounds get extra support, students from lower socioeconomic backgrounds get extra support, students from smaller rural and regional areas—a particular interest of Senator McKenzie—get extra support.</para>
<para class="italic">Senator Jacinta Collins interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Collins!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>We are making sure that a needs based model, as recommended by David Gonski, is implemented, not the type of bastardised 27 different special deals that those opposite were happy to sign up to. That, of course, was the process.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Birmingham, please resume your seat.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Jacinta Collins</name>
    <name.id>GB6</name.id>
  </talker>
  <para>You've got 30, Simon.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Collins! Senator Williams, on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Williams</name>
    <name.id>I0V</name.id>
  </talker>
  <para>Mr President, that's the fourth time in the last 15 seconds you've said 'Senator Collins'. She pays no attention to you when you're trying to quieten her down. We're trying to listen to a good, sensible answer. Will you please quieten Senator Collins down so that we can actually hear the answer?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Thank you, Senator Williams. Senator Collins, I have called you to order a number of times in this minute-long supplementary question answer. You are a bit further away from me and might not be able to hear me. I might have to be louder. Senator Birmingham concluding his answer.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>The simple truth is more funding for students in Bennelong, more funding for students across New South Wales and more funding for students across Australia based on need, and nothing but shameless lies from those opposite.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Transvaginal Mesh</title>
          <page.no>23</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:39</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>My question is to Senator Fierravanti-Wells, representing the Minister for Health. This time last year, I gave an adjournment speech where I called transvaginal mesh 'the biggest medical scandal for Australian women since thalidomide'. At public hearings this year, we've heard countless stories of women whose lives have been destroyed by mesh, which was used as a miracle solution for both pelvic organ prolapse and stress urinary incontinence. Late last week, we were informed that transvaginal mesh had been removed from the Australian Register of Therapeutic Goods for the treatment of POP. Will the government also ban the use of mesh for stress urinary incontinence?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:40</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I thank Senator Hinch for that question. We have been monitoring urogynecological meshes since 2008 and we have been continuing to provide information on our website for the public and health professionals. On 28 November, the TGA published a statement advising the public of further regulatory action in response to a review of new information. A list of cancelled and current devices was included. Information that has been published in the past, in 2016 and 2017, has changed the risk-benefit profile to 'unfavourable' for devices used transvaginally for pelvic organ prolapse and many incision slings for stress urinary incontinence. If a patient has an implanted urogynecological mesh causing any symptoms, including pain, or if a patient has concerns about any implanted device, they should contact their surgeon. Senator Hinch, I'm happy to take on notice more details in relation to your specific question. I'm only able, at this point, to provide you with general information, but I'm happy to take the details on notice.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Hinch, do you have a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:41</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Our committee investigation—and thanks to Senator Siewert for her cooperation with that committee—heard from women who were lobbying the government for years and years to remove mesh from the TGA. Why has it taken a Senate inquiry for these women to be taken seriously and for the mesh to be banned?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:41</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Thank you, Senator Hinch. On 15 February, the Senate referred to the Community Affairs References Committee an inquiry regarding the number of women in Australia who have had transvaginal mesh implants and related matters. Very good evidence, I understand, has been taken by that committee. It's a committee that I know very well, and it's worked, no doubt, very, very hard on this inquiry. I understand that a report is expected to be delivered on 14 February 2018.</para>
<para>Twenty mesh devices are included in the Australian Register of Therapeutic Goods under eight entries, as at 28 November 2017. On 28 November, I understand the TGA took regulatory action to cancel some entries and to apply conditions of inclusion on other entries. This will be effective, I'm instructed, on 4 January 2018. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Hinch, do you have a final supplementary question?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Hinch</name>
    <name.id>2O4</name.id>
  </talker>
  <para>Mr President. for reasons you're well aware of, I forfeit my second supplementary question.</para>
</interjection>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Workplace Relations</title>
          <page.no>23</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:43</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister for Employment, Senator Cash. I refer to the member for Dawson, Mr Christensen, who yesterday said:</para>
<quote><para class="block">I have spoken to the Minister for Employment Michaelia Cash and there is confusion over whether or not Labor's amendment would mean small businesses in my electorate ... would have to give back pay, costing them thousands of dollars.</para></quote>
<para>Given section 135B(2) of Labor's amendments make it clear that the changes apply 'from the commencement day', why did the minister mislead Mr Christensen?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:44</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Just because Senator Cameron says something doesn't make it true. If I do recall, Senator Christensen also said he wouldn't actually rely on anything 'that Dougie Cameron said'. It is a fact that you, on the other side, support big business and big unions being able to do deals at the expense of small businesses. Your penalty rates amendment means that small businesses will have to pay higher penalty rates than they currently do.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, on a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>The point of order is relevance, Mr President. Whilst I understand why, on the other occasions you've ruled against us on this—and we accept it, even if we disagree—this was a very clear question about a statement as to commencement and retrospectivity. The minister is not talking about that; she is talking about other issues. It is asserted, as in the question, that a statement was made by her to Mr Christensen. We'd like her to answer the question.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Thank you, Senator Wong. I can't instruct the minister how to answer a question. I can, however, remind the minister of the question as asked by Senator Cameron. I call the minister.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>As I was saying, one of the issues with the amendment that was moved by Labor yesterday is that it has absolutely no impact, colleagues, on deals done by big businesses with big unions under which those big businesses are already paying lower penalty rates because of the deals that they have struck.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cash, please resume your seat. Senator Carr?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Kim Carr</name>
    <name.id>AW5</name.id>
  </talker>
  <para>Mr President, on a point of order: the question specifically went to the issue as to why the minister misled the member for Dawson. The minister is going nowhere near addressing that question. I ask you to draw her attention, once again, to the question itself.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Carr, that was the conclusion of the question. The original part of the question also included a quotation from a member in the other place. I have heard Senator Cash addressing part of that as well. I have said also that, while I cannot instruct the minister how to answer the question, I remind the minister of the question. I also remind those opposite that ministers are allowed to address parts of questions as well. Senator Cash.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>As I was saying, Mr President, the bit I read about George Christensen was that he said he wouldn't believe 'anything that Dougie Cameron actually said'. One of the big issues is that those on the other side will always stand up for big business and big unions doing deals against small business. We on this side will stand for small business.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, on a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:46</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Now that it's clear that the minister is happy to mislead not only the Senate but also her coalition colleagues, can we ever believe anything the minister says?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:47</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>On this side of the chamber, we will fight for small business every step of the way. We will not stand here and be lectured by those on the other side who are happy to stand up and support big business doing deals with big unions at the expense of the workers. We on this side will stand up for small business every day of the week.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:47</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Given this minister's record of misleading the Senate and her coalition colleagues, maladministration of her portfolio that has seen resignations of hand-picked statutory officers and ministerial staff, leaks, the politicisation of government agencies and an AFP investigation into her office, isn't it time she resigned?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:47</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator Cameron, I will remind you—through you, Mr President—that all because you say something in this place doesn't make it true. We on this side are very, very proud of the policies that we have implemented.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>We're very happy to give her leave to explain which of those is not true.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, that was not a point of order.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>As I was saying, we on this side of the chamber are very, very proud of the policies that we have implemented in the Employment portfolio. We cleaned up the Building and Construction Commission. We stood up for the small and medium players.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Carr, on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Kim Carr</name>
    <name.id>AW5</name.id>
  </talker>
  <para>On a point of order, Mr President, on specific relevance. The question directly went to whether this minister should resign. She should address that question.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I think, given the nature of the preamble and the question itself, the answer is directly relevant.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>As I was saying, we on this side of the chamber are very proud to have cleaned up the Building and Construction Commission. Those on the other side stand up and they defend the bullies and the thugs in the CFMEU every day of the week. We're also very proud on this side of the chamber that we've stood up for hardworking, honest union members against union heavyweights who are spending their money as if it were their own, but not in their interests. We're also very proud of the fact that we've put in place very, very strong laws in relation to vulnerable workers. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Medicare</title>
          <page.no>25</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>My question is to the Minister for International Development and the Pacific representing the Minister for Health, Senator Fierravanti-Wells. Can the minister confirm that the Turnbull government's Medicare guarantee will ensure that all Australians can access quality, affordable health care?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I thank Senator Bushby for the question. Yes, the Turnbull government is concerned to see that all Australians have access to quality, affordable health care. We have moved to guarantee Medicare and the Pharmaceutical Benefits Scheme. The Medicare guarantee includes legislation to ensure their long-term, sustainable funding through the establishment of a Medicare Guarantee Fund, with funds to be paid every year to meet the costs of Medicare and the PBS before the budget. Funding will include both the Medicare levy, which covers approximately half the cost, and additional funds required from income tax. This provides transparency for all Australians on what Medicare costs and how it is funded.</para>
<para>The Medicare guarantee proves that the coalition has a rock-solid commitment to ensuring that all Australians have access to high-quality health care. Compare that with Labor's record on Medicare. Labor invested an average of $17.7 billion into Medicare during their six years in government, compared to the coalition's investment of $23 billion in Medicare this year, increasing to $26 billion in 2019-20. But what really showed Labor's callousness at the last election was 'Mediscare': false Medicare cards; ringing up little old ladies in the middle of the night, lying to them—shame on you!—scaring them into thinking that Medicare would be cut. That lying is continuing today with the opposition's campaign in Bennelong and the lies that Bill Shorten and Kristina Keneally are continuing to peddle about Medicare.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Bushby, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:51</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I do have a supplementary. Can the minister advise what other action the Turnbull government is taking to support Medicare?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:52</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>The coalition is investing more than ever in Medicare, because funding is going up each and every year—as I said, from $23 billion this year to $28 billion in 2020-21. More Australians than ever before are seeing their GP without having to pay. The bulk-billing rate for GP consultations nationally during the September quarter was 85.9 per cent, which is significantly higher than it was under Labor. Let me give you the facts. In the September quarter, 85.9 per cent of GP consultations were bulk-billed—</para>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>$60 to go to the doctor!</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
  </talker>
  <para>which is up from when you were in government. The Turnbull government is a good friend, a rock-solid friend, of Medicare. For example, in Bennelong alone, there were almost 900,000 bulk-billed visits in Bennelong just in the September quarter. <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Bushby, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:53</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Can the minister advise how else the Turnbull government is working to ensure that Australians have access to high-quality, affordable health care?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:53</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>The Turnbull government is removing Labor's Medicare freeze, with the commitment of $1 billion to our doctors and patients by restoring indexation of the Medicare rebate. This commenced with GP bulk-billing incentives on 1 July 2017. For the first time since 2004, it is the Turnbull government that has committed to indexing a range of diagnostic imaging services, a move that has been warmly welcomed by the Royal Australian College of General Practitioners—something that you have never, ever done. Contrast this with the lies that are being peddled by Bill Shorten and Kristina Keneally in Bennelong. You shut down 128 Medicare offices before you left office and now you're lying about that. You are lying about bulk-billing rates. The people of New South Wales could not trust Kristina Keneally when she was Premier; therefore, the people of Bennelong should not trust her. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Citizenship</title>
          <page.no>26</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:54</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister representing the Minister for Immigration and Border Protection, Senator Cash. The explanatory memorandum, which accompanied the Turnbull government's failed citizenship changes, stated that a person could be deemed as having competent English:</para>
<quote><para class="block">… if they are a passport holder of the United Kingdom, the Republic of Ireland, Canada, the United States of America or New Zealand …</para></quote>
<para>Why did the government consider that university-level English should be required for those coming from India and China but not for those coming from Canada or the United Kingdom?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>In relation to the question, it is a very specific question and I don't actually have a brief in relation to the relevant countries. I will take it on notice, and revert to you.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McAllister, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>In relation to the policy more generally, does the minister now accept that the proposed changes risk creating 'a new underclass' of a substantial number of people in Australia, as warned by the Multicultural Communities Council of New South Wales and the Chinese Community Council of Australia?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I would reject, actually, the premise of that question. But as I said, in relation to the actual information on the specific countries, I will revert to you.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McAllister, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Will the minister commit to consigning the double standards that have not been seen since the White Australia policy to the history books, or does he hold out hope that he will be able to revive his proposed amendments?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:56</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator McAllister, I completely reject the premise of your question. In relation to the steps that this government takes to ensure that those who come to settle here have the appropriate levels of English, it is always about ensuring that they have the skills that they need, in particular, so that they can participate in the workplace. Everything that we do on this side of the chamber is about empowering those who come here to be the very, very best that they can.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Indigenous Affairs</title>
          <page.no>26</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:57</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister for Indigenous Affairs, Senator Scullion. Can the minister update the Senate on the success of the coalition government's Indigenous Procurement Policy and advise how the policy is creating jobs and supporting businesses in regional and remote areas?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:57</time.stamp>
    <name role="metadata">Senator SCULLION</name>
    <name.id>00AOM</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>First of all, I thank Senator Williams and acknowledge his longstanding role as a champion of Indigenous constituents across regional New South Wales. Our government's Indigenous Procurement Policy is driving Indigenous jobs and economic growth right across the country. The Indigenous Procurement Policy has gone from just over $6.2 million in 2012-13 under those opposite to $598 million in the first two years of our policy. Under the former policies there were just a handful of Indigenous businesses; under our policy there's 956 Indigenous businesses, winning 4,880 contracts across the country. This includes almost 1,400 contracts awarded to Indigenous businesses in Senator Williams's home state of New South Wales worth over $176.6 million. That means that in New South Wales alone, the number of contracts that have been awarded is 28 times that awarded across the country under the policies of those opposite.</para>
<para>This has been a boon for communities across New South Wales, especially in regional areas where our policies of decentralisation are intersecting with our Indigenous Procurement Policy. Take, for example, the relocation of the Australian Pesticides and Veterinary Medicines Authority Australia—APVMA—which, unfortunately, the Labor Party has opposed at every step. This will deliver fantastic new jobs for the region and, through our Indigenous Procurement Policy, I'm pleased to advise a local Indigenous business has won a $114,000 contract for the schematic design, architectural and engineering components for the new fit-out. You see, that's what those opposite just don't get. It's why the people of New England returned Mr Joyce in a landslide, the highest swing to a sitting MP since 1911.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Williams, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:59</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I thank the minister for that good news. Can the minister explain why it is important that the Commonwealth's procurement policy maximises local business participation, including among Aboriginal and Torres Strait Islander businesses?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:59</time.stamp>
    <name role="metadata">Senator SCULLION</name>
    <name.id>00AOM</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>In the coalition, we understand it's not only about spending more but it's also about spending smarter, so that's what we've done under the Indigenous Procurement Policy. It's a smarter way to save the Commonwealth's very significant spend on goods and services.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>Smarter than the LNP together.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SCULLION</name>
    <name.id>00AOM</name.id>
  </talker>
  <para>Well, it is smart. When we came to government we were 100 times more likely to employ an Indigenous person in an Indigenous businesses than in mainstream businesses. We knew we could grow the sector. If we grow the sector, we get many more Indigenous Australians into work, and that's exactly what's happening. We're not just spending the money because more contracts don't actually fit the bill. They still have to demonstrate value for money. We're ensuring the contracts are awarded where they have the maximum impact, so, instead of giving contracts to large multinational companies like those opposite do, we spend on our local communities. We grow jobs, we grow businesses and we go our— <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Williams, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:00</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Can the minister advise what other benefits the Indigenous Procurement Policy has delivered since it commenced in 2015?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:01</time.stamp>
    <name role="metadata">Senator SCULLION</name>
    <name.id>00AOM</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>The Indigenous Procurement Policy is driving employment and participation. Almost all of the 956 new businesses who have won contracts, have won government contracts for the first time. This is their very first opportunity. They've got an average workforce of over 40 per cent. Given the Indigenous population makes up three per cent of the workforce, it means that we are now employing Indigenous jobseekers at 13 times the rates available in the workforce. Our IPP has been a complete game changer for Indigenous communities and it's leading to a new generation of Indigenous entrepreneurs.</para>
<para>In the last census we saw a 30 per cent increase in Indigenous businesses and only a one per cent increase in mainstream businesses. That's an absolutely outstanding result that shows the Indigenous Entrepreneurs Package, which the coalition took to the last election and which includes the Indigenous Procurement Policy at its centrepiece, is working and delivering for our first Australians.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Brandis</name>
    <name.id>008W7</name.id>
  </talker>
  <para>Mr President, I ask that further questions be placed on the <inline font-style="italic">Notice Paper</inline>.</para>
</interjection>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>PARTY OFFICE HOLDERS</title>
        <page.no>27</page.no>
        <type>PARTY OFFICE HOLDERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Australian Labor Party</title>
          <page.no>27</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:02</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>by leave—I inform the Senate that, at the meeting of the federal parliamentary Labor Party this morning, Senator Ketter was elected to the position of Deputy Opposition Whip in the Senate. I congratulate Senator Ketter on his election to this role. I know he will be a valuable part of the opposition's chamber management team.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</title>
        <page.no>27</page.no>
        <type>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Defence Facilities: Chemical Contamination</title>
          <page.no>27</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:02</time.stamp>
    <name role="metadata">Senator PAYNE</name>
    <name.id>M56</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>by leave—I seek to provide some further information to a question asked of me by Senator Rhiannon in question time yesterday. I've advised Senator Rhiannon of this additional information. Senator Rhiannon asked a question about the Defence contractor Aurecon engaging in a summit in relation to PFAS contamination. I note, for the record, that there were a number of errors in the question that Senator Rhiannon asked. Firstly, Aurecon Australia is engaged as the lead consultant for PFAS investigations at HMAS <inline font-style="italic">Albatross </inline>and HMAS <inline font-style="italic">Cerberus</inline> only, not RAAF Base Williamtown, as Senator Rhiannon stated. That environmental investigation at Williamtown was undertaken by AECOM.</para>
<para>Defence understands that the individual to whom Senator Rhiannon referred in her question yesterday was an employee of Aurecon New Zealand who presented at a summit that was hosted by the Victorian EPA in April of this year. That summit was attended by EPAs from Australia and New Zealand.</para>
<para>I note for the record that, in relation to contracting, a number of companies that do work for Defence are multidisciplinary firms. They have a diverse range of in-house capabilities, such as project management, environmental management, heritage cost planning and airfield pavement design. Defence has approximately 150 capital facilities projects under way in various stages of the project life cycle. It's not uncommon for companies to provide many different service on a number of different projects at the same time. However, it is unusual or rare for one company to provide more than one service on one project. Defence maintains a due diligence client side project management function, including the role of managing the project manager contract administrator. That role is Defence's agent for further contract administration of other project consultants and contractors. In that capacity, Defence is given oversight of all key project decisions, variation claims, payment claims and so on.</para>
<para>In her first supplementary question, Senator Rhiannon said that Aurecon was responsible for waste management at many RAAF bases. I note that that is incorrect. Aurecon Australia is not the provider of waste management across the Defence estate.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</title>
        <page.no>28</page.no>
        <type>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Banking and Financial Services</title>
          <page.no>28</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:05</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by Senator Ketter today relating to the proposed Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.</para></quote>
<para>The question that I asked Senator Brandis related to the issue of the banking royal commission and the incredible about-face that this government has taken in respect of this particular issue. This Prime Minister, for more than 600 days, argued that a banking royal commission will do nothing. There are so many examples of what this Prime Minister and this Treasurer have said over the past 12 months or so to try to avoid the cause of a banking royal commission.</para>
<para>Back in September of last year, we saw the Treasurer describe the Labor approach of having a royal commission as 'a crass populist approach'. The Treasurer, in April of last year, described the call for a royal commission as 'a cynical exploitation of people's genuine concerns and the politicisation of their pain by the opposition'. This is the sort of contortion that this government now has to go through to distance itself from what it has said in the past on a royal commission. In a question time in September of last year, the Prime Minister indicated:</para>
<quote><para class="block">A royal commission can do nothing … It cannot change a law, it cannot change a regulation, and more importantly—most importantly—the compassion you seek to offer to your constituent cannot be fulfilled by a royal commission, and you know that …</para></quote>
<para>So these are the sorts of comments that the Prime Minister and the Treasurer have made over the past 12 months to avoid the need for a royal commission. The Prime Minister has also said:</para>
<quote><para class="block">… a royal commission … will enrich the legal profession … take many years and end up, no doubt, recommending the types of measures that are already in this year's budget.</para></quote>
<para>Well, this year's budget came up with a cracker: having the Australian Financial Complaints Authority, which is the Prime Minister's attempt at trying to take—and I quote him—'real action' on dealing with the consumer complaints about the banking system. We will be debating that bill a bit later on, but it's quite clear that that bill essentially, on the one hand, is a repackaging of the ombudsman services that we currently have without any new powers being provided to those schemes and, on the other hand, is actually a step backwards because we're abolishing the Superannuation Complaints Tribunal. So, rather than real action, this is a step backwards in the fight to protect consumers against the ravages of the greed of the banking system. The Prime Minister has said in the past, 'We're not having a royal commission; we're taking action.' Well, these most recent comments and this amazing backflip stand in stark contrast to the comments that this Prime Minister has been making over the past 12 months.</para>
<para>Today in question time, Senator Brandis indicated that the reason for the about-face was, to use his language, the 'very wild' comments that have been made publicly about the banking system, which he said were the real risk to stability. This is reminiscent of what he has said earlier in the week, and it's quite clear that this government is acting at the behest of the banks. The banks have dictated to this government the terms of reference on this royal commission and the time frame. The time frame is specifically designed to avoid an in-depth analysis of the real issues. When this Prime Minister says that it is regrettable that we're going to be having this royal commission, I'm just flabbergasted by that as a senator who's participated in the economics committee's inquiries into financial scandals involving the major banks. We went through that and listened to the pain of those people who have had their lives destroyed, their finances destroyed and their family arrangements left in tatters. Yet this Prime Minister says that the stories of those people do not matter.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Brandis</name>
    <name.id>008W7</name.id>
  </talker>
  <para>He didn't say that; that's not true.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
  </talker>
  <para>That's what he said: those issues don't matter. Those are not the compelling reasons that we are having a royal commission. The reason they're doing it is that the banks have asked for it. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:10</time.stamp>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I know what Senator Macdonald, who is sitting beside me, is thinking. Senator Macdonald is thinking exactly the same thing I'm thinking: Australians have the right to be confused when they hear about the position of Labor senators this afternoon. After all the barking from Labor senators and others in the community about the need for a royal commission, you would have thought, with the government having delivered a royal commission, that they would have been in this place applauding and saying, 'This is a responsible and necessary thing to do', because that would have been the consistent position. If Labor had come into this place supporting the royal commission, that would have been consistent with the sorts of things they've been saying for many months with regard to the need for a royal commission. But, of course, Labor are not consistent. Labor are not consistent on this issue, and they're not consistent on other issues.</para>
<para>It's been clear to me and others that the community and customers of banks require that their issues are better addressed, including with regard to some of the decisions that banks are taking, how banks treat customers and how banks are balancing the competing interests of looking after shareholders and shareholder value in our banking system while at the same time responding to the very genuine concerns and needs that customers of banks have raised themselves.</para>
<para>This is Tuesday of the last sitting week for the year. We only have one more question time tomorrow and then another question time on Thursday—and I know that Senator Macdonald shares my interest in making sure that that is the end of the parliamentary sitting period for this year so that we can get back to our communities and get back to northern Queensland, in Senator Macdonald's case, and Western Australia, in my case. I thought Labor was off to a very good start in question time this afternoon when Senator McCarthy talked about personal income tax cuts. You would have thought that the government talking about and making plans and preparations for personal tax cuts for Australians would be a good thing and would be the sorts of things that people in this place would stand up for and endorse—but no; Labor senators tried to suggest that the government putting its mind to personal tax cuts was a bad thing.</para>
<para>I would argue that personal tax cuts are not only necessary for Australian families; they are actually timely for Australian families. When you reflect upon the success—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Carol Brown</name>
    <name.id>F49</name.id>
  </talker>
  <para>You’ve run out of puff, Steve!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
  </talker>
  <para>Sorry, Senator Brown, I didn't hear that.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>To the chair.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SMITH</name>
    <name.id>241710</name.id>
  </talker>
  <para>When you look at the success of the government's economic performance, as detailed in the final budget outcome document that was released in September this year—the prudent financial management that is demonstrated in the outcomes of the last budget that was released in September 2017—you can see that the government is making necessary steps to save taxpayers' money. What's the right thing to do when taxpayers' money is being saved? Those savings should be returned to taxpayers and their families and to businesses themselves.</para>
<para>So I would have thought that this afternoon Senator McCarthy would have come into this place and said, 'Yes, media reports about personal tax cuts for Australian families and businesses next year are a good thing', because that would have been the consistent position. But that is not what we've seen this afternoon. A royal commission, which I think many in the community would agree is a necessary step, has been delivered, has been announced. But Labor senators in this place want to suggest that somehow that is something we should be embarrassed about and that it is something that is not worthy.</para>
<para>As we finish the year 2017, the challenge for Labor is to start to recalibrate its thinking, because 2018 is going to be about the economy. It is going to be about the economy. We know that the government already can tick off media reform; it can tick off childcare reform; it can tick off school reform; it can tick off industrial relations reform; it can tick off the issue of same-sex marriage—it can tick that issue off because, because fingers crossed the matter will be resolved in the House of Representatives before the end of the week—and then this government and the opposition should unite in making sure that economic interests and economic concerns are front and centre. Why? Because we know—Senator Macdonald and I know—that as we travel around communities, especially regional communities, people say to us, 'cost of living pressures'. That is your challenge for 2018. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:15</time.stamp>
    <name role="metadata">Senator KITCHING</name>
    <name.id>247512</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>There have been many occasions over the past few months when the most appropriate theme music for this coalition parliament, run by an inept and ill-suited Prime Minister, has been the circus theme music, and I'm sure we all know that. But let's take a closer look at the Prime Minister, who last week backflipped with the agility of a circus performer, because, let's face it, that's what he has made this parliament, a total circus. He is a Prime Minister who has been dragged kicking and screaming into establishing a banking royal commission. Much like the highwire act, where people gasp at the daring fortitude of a circus performer—and I'm not suggesting for a moment that the Prime Minister is that, because I'm thinking he has probably failed and fallen to the ground—the Prime Minister has the banks in the dress circle seats watching and waiting for his every move.</para>
<para>The Prime Minister is celebrated by some as someone who understands business. I think he is mostly celebrated by himself, because when one has a look back through his business dealings, one can see he is really an eastern suburbs fast-buck artist. He took a clip through a number of his friends' business dealings: his dealings with OzEmail; his turn as a CEO of a mining company in Russia in the '90s—and one can get the Parliamentary Library, of course, to give you a full explanation of what happens in mining circles in the former Soviet Union, and how one does business in that environment.</para>
<para>The other analogy is that the Prime Minister is really like Hiro Onoda. Perhaps people aren't really familiar with Hiro Onoda. He was the Japanese soldier who was persuaded to come out of hiding at the end of the Second World War—three decades after the war had finished, where he had been hiding in the Philippines jungle. Hiro Onoda came to be seen by some as an example of the extraordinary lengths to which some Japanese soldiers would go to demonstrate their loyalty to the then emperor in whose name they fought. Much like the Prime Minister, who wouldn't recognise the sense of having a banking royal commission, the banks saw the sense of being able to draft the terms of reference themselves. The terms of reference of course do not contain the word 'bank'. If one was online one would add after that: 'LOL'.</para>
<para>Let's take a closer look at some of his friends in the banking world. On 28 October 2015, Andrew Robb appointed Alastair Walton as a senior trade commissioner and consul general to Houston. On 23 June 2017, the foreign minister appointed him as the replacement for Mr Nick Minchin as Australia's consul general in New York. I should explain that Mr Walton worked with the Prime Minister at Goldman Sachs JBWere, and Mr Walton has made some very interesting statements about the Prime Minister and the Prime Minister's aptitude for his task of being Prime Minister. Firstly, Mr Walton calls the Prime Minister a very close friend. But he has this to say, 'In banking you're saying to clients: "Here's this transformative transaction and here's what it can do for you."' Alastair Walton ran Goldman Sachs's investment banking business in Australia after Mr Turnbull left the firm in 2001. Bankers know, 'how to sell change', he said. According to Mr Walton:</para>
<quote><para class="block">They also need to cope with the less glamorous aspects of politics … It's the branch meetings, being nice to everybody, working out who is in the factions … Bankers aren't trained to do that. Most would be utter failures.</para></quote>
<para>And I think the jury has well and truly come in on the Prime Minister's aptitude, or lack thereof, for dealing with people.</para>
<para>Of course, Goldman Sachs JBWere have also thrown in quite a lot in donations to the Liberal Party. They've given $64,000. They've given another donation of $50,000, which was noted 'as approved by Terry Campbell and Paul Sundberg'. Another was for $3,000, which was noted as 'cheque request by Alastair Walton for donation' and made out to 'Wentworth conference'. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>15:20</time.stamp>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>First of all, I congratulate Senator Ketter on his appointment as Deputy Whip. I find Senator Ketter a decent and honourable person. Certainly, he will add some lustre to that seat on the other side. So congratulations.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Brandis</name>
    <name.id>008W7</name.id>
  </talker>
  <para>That's because he went to Villanova College.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
  </talker>
  <para>It might be that he went to Villanova. It might be because he was with the 'shoppies'—or whoever. But I do congratulate him. I'm pleased that Senator Ketter, in proposing this motion, spoke about a policy issue—one that I disagree with him about. I'm sure Senator Ketter is intelligent enough to have heard and understood the Attorney today, yesterday and last week explaining about the banking royal commission, but he chooses to continue to misrepresent the facts, and I will come back to that.</para>
<para>I am disappointed with the other speaker from Labor on this debate, Senator Kitching, who I had started to develop some professional relationship with. Senator Kitching, can I just say to you: be careful where you go in making baseless personal allegations against people like Mr Turnbull, a self-made millionaire, who—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>Senator Macdonald, please resume your seat. Senator Kitching, a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Kitching</name>
    <name.id>247512</name.id>
  </talker>
  <para>Just for accuracy sake: they're from the AEC.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>That's a debating point. Continue, please, Senator Macdonald.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
  </talker>
  <para>Mr Turnbull, a self-made millionaire, has worked very hard for everything he has. Once Senator Kitching and the likes of her start on this course of action, we might start talking about Offset Alpine and the association with many Labor members of parliament. We might talk about coalmines that were given away by Labor members of parliament in New South Wales to their unionist mates, with considerable sums of money changing hands. We may start talking about direct bribes paid to a Queensland Labor Party minister.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>You're both as bad as each other. So what's your point?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
  </talker>
  <para>I'm warning Senator Kitching—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>I remind senators that comments across the chamber are disorderly. Thank you, Senator Macdonald; please continue.</para>
<para class="italic">Senator Brandis interjecting—</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
  </talker>
  <para>Well, Bill D'Arcy, Keith Wright—the list goes on, Senator Brandis. All I'm saying to someone relatively new like Senator Kitching is: be careful where you go on this. You expect this from people like Senator McKim, from the Greens, who simply can't help himself. But I just warn senators against embarking upon this sort of approach. If you have a policy attack, fine.</para>
<para>Getting back to the subject of Senator Ketter's motion to take note of the answer he was given by Senator Brandis, Senator Brandis has explained this and Mr Turnbull has explained this—it's not our preferred position. All of the quotes that Senator Ketter used in the past are accurate regarding those. I've said that myself, not that that matters at all. It isn't the way we want to go. I've often said that these royal commissions just put money in the pockets of already wealthy lawyers and give journalists a two-year free go without having to do a lot of work. They don't achieve much. The government has, by contrast, already implemented a lot of legislation which will address some of the real problems with the banks.</para>
<para>But, in talking about this policy issue, I noticed how different Senator Ketter's question was to the approach of Senator Cameron and Senator Kim Carr, two of the loudest members in this chamber, who clearly exemplify what we understand about bullying at union meetings. You'll notice they always pick on a female senator, one who, I might say, takes the fight up to the corrupt unions, continuing to expose the CFMEU and other unions for their absolute corruption and their criminal activities that are before the courts all of the time. The Labor Party hates this, and so Senator Cameron, Senator Carr and a few others embarked upon a program—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>Senator Macdonald, could you resume your seat, please. I just remind you that the taking note was from Senator Ketter, to take note of answers from Senator Brandis. I accept that you did say you would get back to the royal commission. I was listening intently. I'll just remind you that, whilst it is a broad-ranging debate, it is around the royal commission.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator IAN MACDONALD</name>
    <name.id>YW4</name.id>
  </talker>
  <para>You weren't listening carefully, because I just did return to that and I said what I thought about the commission. But you've distracted me, for the few seconds I've got left, from talking about the ungracious attack on Senator Cash by Senator Carr and Senator Cameron—they know she is the one who will continue to expose the Labor Party and the unions for the criminal associates they are. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:26</time.stamp>
    <name role="metadata">Senator WATT</name>
    <name.id>245759</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I rise to also take note of the answers to the questions posed by Senator Ketter regarding the banking royal commission. The banking royal commission is something that one side of politics has been totally consistent on since before the last federal election. The cause of a banking royal commission is something that federal Labor has been taking up for some time. We did not need a disastrous vote in the Queensland election, such as we saw from the LNP, to prompt us into action. In fact, Labor has moved around 23 times, in the House of Representatives and in the Senate, to establish a banking royal commission. On each and every one of those occasions, the Liberal and National parties voted together to block it from going ahead. I think there is no policy area—and there are many you can choose from—that demonstrates more clearly the weakness and ineffectiveness of the National Party representatives that come down here from Queensland, supposedly to stand up for people in regional Queensland, than this one.</para>
<para>Every time that Labor pushed for a banking royal commission and put forward a motion to establish one, either in the Senate or in the House of Representatives, not only did the Liberals vote it down but who voted with them on every single one of those 23 occasions? It was the National Party representatives from Queensland. That's how committed they've been to establishing a banking royal commission—each and every time they voted with Malcolm Turnbull, the Prime Minister, to block these attempts from going forward. It's not really that surprising because we've seen exactly the same behaviour from them on a multitude of issues. Every time the Prime Minister and his Liberal Party colleagues have voted to grant tax cuts to business and to millionaires—sending billions of dollars to the top end of town—the Nationals have voted with them. Every time they've voted for cuts to health care, including in regional Queensland, the Nationals have voted with the Prime Minister. Every time the Liberals have voted to cut penalty rates in regional Queensland, the Nationals have rolled in and handed over their votes. The disaster that is the rollout of the NBN across regional Australia—you never hear anything from the National Party, criticising it or putting forward ideas to fix it. They just stand in line, time after time, to support their Liberal Party masters. Again, there is nothing that demonstrates that more than the banking royal commission and the failure of the National Party to take any action to deliver this until very recently.</para>
<para>The reality is that the National Party only started ratcheting up any pressure on this government about a banking royal commission when they got an absolute shellacking in the Queensland election a week and a half ago. Right across regional Queensland, the LNP's vote absolutely collapsed to a point where, for example, in the electorate of Capricornia, the LNP ran third or even fourth in every state seat encompassed by the federal electorate. The same can be said of other regional seats held by National Party representatives, like Flynn and Dawson. That's why we've seen the National Party jump into action: not because they care about regional Queenslanders who are getting ripped off by the banks, not because they want to actually demonstrate their independence from the Liberal Party; the only reason they have acted is that they are terrified they are about to lose their own jobs here in Canberra because regional Queenslanders have woken up to them.</para>
<para>Now the government wants credit for having set up the banking royal commission. We know the only reason they did it was that the Nationals finally discovered their spine and their own mates in the big banks decided to back in a royal commission. They knew the end was in sight. They had to give up the fight against a banking royal commission. They put through the letter to the Prime Minister saying, 'Okay, we'll have a banking royal commission,' and, literally within an hour or so, the Prime Minister was out there giving the banks what they wanted—a royal commission on their terms.</para>
<para>It's interesting. Obviously over the last week we've seen an incredible amount of disunity within the government about the banking royal commission and other issues. But, even after the National Party got their way and got the banking royal commission that they had failed to support Labor on on 23 occasions, the disunity continued. I noticed an article by Paul Kelly in <inline font-style="italic">The Australian</inline> on 1 December which quoted a cabinet minister referring to the bill put forward by Senator O'Sullivan that was going to establish a banking royal commission. The unnamed cabinet minister described Senator O'Sullivan's bill as 'a train wreck of thought bubbles'. The disunity in the government is still rife. They have no respect for each other. They cannot govern Australia. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>Thank you, Senator Watt. Is it on this matter, Senator Bernardi?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:31</time.stamp>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Yes, it is. I want to put on the record that I have never historically supported a royal commission into the banking sector, because traditionally the banks—</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>I beg your pardon, Senator Bernardi. If you'd just take your seat, I think Senator McKim has a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>Yes, I do, Deputy President. Could I just ask for clarification? By my count, there have been five speakers on this motion and normally you would then put the question and allow me to rise to take note of—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>10000</name.id>
  </talker>
  <para>Senator McKim, I clarified with Senator Bernardi. I was going to put the question. I asked whether it was on the same matter. He clarified to me that, yes, it was. We have a speakers list here and the last speaker is from the crossbench, which Senator Bernardi is a member of. Please continue, Senator Bernardi.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
  </talker>
  <para>Whilst I don't support a royal commission into the banks, I understand that the government has chosen to do it for politically expedient motives. But there is a very important area that I think the government should explore. When most people want to borrow money or access funds, they go to a bank. They play a legitimate role in our financial system. However, I'm deeply concerned that there are some people who occupy these Senate benches who think it's okay to go to a billionaire benefactor associated with the People's Republic of China and the Chinese government in order to access funds to pay for their bills. If you want a royal commission that is going to make a meaningful difference to Australia, Australia's body politic and its way of life, it shouldn't be into the banks; it should be into the whisper, the stench, the migration of corruption into our body politic and the agents of influence from foreign governments who are openly and wilfully seeking to influence the politics in this country.</para>
<para>We know on the record that there is a compromised individual on the other side of this chamber who has been compromised by agents of influence from the Chinese government. That is a travesty for this body politic. It is a travesty that those on the Labor side seek to cover up Senator Dastyari's involvement and engagement in undermining our national security issues. He thinks it's okay to have his $1,600 or $1,800 travel bill picked up by an agent of influence from the Chinese government. That is where a true royal commission into money needs to come from—not the banks, which operate in a sanctioned way and operate within a legal framework, notwithstanding they may have some failings. It is in this shadowy underworld where agents of influence from the Chinese government are not only seeking to compromise politicians in this place but seeking to compromise our educational institutions and seeking to compromise the major political parties.</para>
<para>I congratulate the government on their moves today in seeking to redress some of these influences. But I do want to put on the record that, when I read that the Attorney-General had offered security briefings to major political parties about political donations and the potential for compromise, I wrote to him as a crossbencher, of a very modest political party, seeking a briefing on what we could do to prevent that. Some months have passed, and I regret the Attorney-General hasn't even sought to respond to my request. I can only presume that he knows there is no undue influence within the Australian Conservatives or he knows that it is simply the major parties that have a problem with being compromised by foreign agents—but whatever.</para>
<para>If the government are serious about this, and if the Labor Party are serious about trying to identify where our financial system is going wrong, look no further than those who are on the take, those who get their bills paid by agents of influence from the Chinese government, or they get their marching orders and their scripts and they go and have Chinese-media press conferences, undermining not only Australia's national sovereign position but their own political party's position, or they go around to a compromised Chinese billionaire's house and warn him that he might be under observation or surveillance by one of our national intelligence agencies.</para>
<para>This is where the real scandal is in our financial system. This is where the real scandal is in our body politic. You can score all the cheap shots you like off each other, but until you address the elephant in the room—and that is Senator Sam Dastyari—then we are pushing it uphill. I can tell you that now. While Senator Dastyari sits in this place, you cannot be sure that what he is saying is his own words; it could be scripted words from the people who are pulling the strings. If you want to clean up the financial system, if you want to clean up the body politic, you will cut the financial ties to the People's Republic of China. That is critical; that is pressing; and we should have a royal commission into that rather than one into the banks. <inline font-style="italic">(Time expired)</inline></para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Immigration Detention</title>
          <page.no>33</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:37</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I seek leave to move a motion to take note of Senator Cash's response to my question on the Nauru RPC. I indicate that I'd like to make a five-minute statement to that motion.</para>
<para>Leave not granted.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>PETITIONS</title>
        <page.no>33</page.no>
        <type>PETITIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Israel: Relocation of Australian Embassy</title>
          <page.no>33</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:38</time.stamp>
    <name role="metadata">Senator PATERSON</name>
    <name.id>144138</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>by leave—I want to rise just very briefly to say why I've tabled this petition today on behalf of Australian Christians for Israel, a community group in Australia that has organised a petition signed by 8,133 Australians calling on the Australian government to move our embassy in Israel from Tel Aviv to Jerusalem. This group is a fantastic community group in Australia led by Keith Buxton and Ian Worby. It works with Christian communities across Australia but also with the Jewish community and secular supporters of Israel to advocate for a strong relationship between Australia and Israel, and for the Australian government to move its embassy from Tel Aviv to Jerusalem, recognising that Jerusalem is, was and always will be Israel's eternal capital.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>34</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Presentation</title>
          <page.no>34</page.no>
        </subdebateinfo></subdebate.1><subdebate.1><subdebateinfo>
          <title>Postponement</title>
          <page.no>39</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:40</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<para>That general business notice of motion no. 642 standing in her name for today, proposing an order for the production of documents by the Minister representing the Minister for Agriculture and Water Resources, be postponed till the next day of sitting.</para>
<para>Question agreed to.</para>
<para>The Clerk: A postponement notification has been lodged in respect of the following:</para>
<quote><para class="block">General business notice of motion No. 643 standing in the name of Senator Patrick for today, relating to radioactive waste management, postponed till the next day of sitting.</para></quote>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>40</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Economics References Committee</title>
          <page.no>40</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Reporting Date</title>
            <page.no>40</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>15:41</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I remind senators that the question may be put on any proposal at the request of any senator. There being no such request, we will move on to the discovery of formal business.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>40</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Environment and Communications References Committee: Government Response</title>
          <page.no>40</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>40</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>15:41</time.stamp>
    <name role="metadata">Senator STEELE-JOHN</name>
    <name.id>250156</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I seek leave to amend general business notice of motion No. 640, standing in my name and the name of Senator O'Neill for today, concerning an order for the production of documents relating to the government's response to the Senate Environment and Communications References Committee report.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator STEELE-JOHN</name>
    <name.id>250156</name.id>
  </talker>
  <para>I move the motion as amended:</para>
<para>(1) That the Senate notes:</para>
<para>(a) the unanimous findings of the Environment and Communications References Committee report, Game on: more than playing around – The future of Australia’s video game development industry, received on 29 April 2016;</para>
<para>(b) the absence of any government response to the findings of this inquiry;</para>
<para>(c) that, on 25 May 2017, the Minister for Communications (Senator Fifield) and the Deputy Secretary of the Department of Communications and the Arts (Mr Richard Eccles) stated at the Budget estimates hearing, in response to questioning by Senator Ludlam, that a finalised draft response to this inquiry has been submitted to the Government for consideration; and</para>
<para>(d) on 24 October 2017, Senator Fifield stated at supplementary Budget estimates, in response to questioning by Senator Urquhart, that processes for a whole-of-government response were ongoing and included his input.</para>
<para>(2) That there be laid on the table by the Minister for Communications, by no later than 3 pm on 6 December 2017, a copy of the government response to this report.</para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>40</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Eureka Stockade</title>
          <page.no>40</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:42</time.stamp>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that 3 December 2017 marked 163 years since the Eureka Stockade rebellion of 1854;</para></quote>
<quote><para class="block">(b) recognises the Eureka Stockade as the birthplace of the Australian spirit of mateship signified by the term 'diggers', a term which was later adopted by Anzac soldiers in World War I;</para></quote>
<quote><para class="block">(c) further notes that the Eureka Stockade signified a victory of self-reliant individuals over big government, corruption, arbitrary licensing and excessive taxation;</para></quote>
<quote><para class="block">(d) rejects the attempt by some unions to rewrite history and usurp the Southern Cross or Eureka flag and rebellion as representative of militant unionism; and</para></quote>
<quote><para class="block">(e) calls upon the Government to promote the historical observance of the Eureka Stockade and ensure an accurate representation of its true historical context.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>15:43</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
  </talker>
  <para>It is important to recognise the Eureka Stockade as an important event in Australian history, including the legitimate motives of the miners and the significant historical value of the Eureka Flag in our community. The government condemns the misuse of the Eureka Flag by militant unions and other extreme groups who seek to use it as a symbol of division or intimidation.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that notice of motion No. 636, standing in the name of Senator Bernardi, be agreed to.</para>
<quote><para class="block"> <inline font-style="italic">Senator Polley did not vote, to compensate for a vacancy caused by the resignation of Senator Nash.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Cameron did not vote, to compensate for a vacancy caused by the resignation of Senator Kakoschke-Moore.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Gallagher did not vote, to compensate for a vacancy caused by the resignation of Senator Parry.</inline></para></quote>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [15:47]<br />(The President—Senator Ryan)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>27</num.votes>
              <title>AYES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Bernardi, C</name>
                <name>Brockman, S</name>
                <name>Burston, B</name>
                <name>Bushby, DC (teller)</name>
                <name>Cash, MC</name>
                <name>Duniam, J</name>
                <name>Fawcett, DJ</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Georgiou, P</name>
                <name>Griff, S</name>
                <name>Hume, J</name>
                <name>Leyonhjelm, DE</name>
                <name>Macdonald, ID</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>O'Sullivan, B</name>
                <name>Paterson, J</name>
                <name>Patrick, RL</name>
                <name>Payne, MA</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Ryan, SM</name>
                <name>Seselja, Z</name>
                <name>Smith, D</name>
              </names>
            </ayes>
            <noes>
              <num.votes>26</num.votes>
              <title>NOES</title>
              <names>
                <name>Bartlett, AJJ</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Dastyari, S</name>
                <name>Di Natale, R</name>
                <name>Dodson, P</name>
                <name>Farrell, D</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>Lines, S</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>O'Neill, DM</name>
                <name>Rhiannon, L</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Steele-John, J</name>
                <name>Sterle, G</name>
                <name>Urquhart, AE (teller)</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </noes>
            <pairs>
              <num.votes>7</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Birmingham, SJ</name>
                <name>Pratt, LC</name>
                <name>Brandis, GH</name>
                <name>Wong, P</name>
                <name>Canavan, MJ</name>
                <name>Gallacher, AM</name>
                <name>Cormann, M</name>
                <name>Singh, LM</name>
                <name>Scullion, NG</name>
                <name>Bilyk, CL</name>
                <name>Sinodinos, A</name>
                <name>Marshall, GM</name>
                <name>Williams, JR</name>
                <name>Brown, C</name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question agreed to.</p>
            </body>
          </division.result>
        </division></subdebate.1><subdebate.1><subdebateinfo>
          <title>Aged Care</title>
          <page.no>41</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:50</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I, and also on behalf of Senator Hinch, move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes the article in The Age, on 15 November 2017, regarding the residents of Berkeley Living retirement village in Victoria;</para></quote>
<quote><para class="block">(b) acknowledges that there have been problems with the retirement villages sector for many years and that there was a parliamentary inquiry that looked at issues within the retirement villages sector in 2007;</para></quote>
<quote><para class="block">(c) recognises that the situation of Berkeley Living residents is yet another example of how a lack of regulation and standards in this industry have allowed poor practices to flourish;</para></quote>
<quote><para class="block">(d) notes that retirement villages were on the agenda for the meeting, on 31 August 2017, of Consumer Affairs Ministers and that it was agreed to direct the Chartered Accountants of Australia & New Zealand to undertake further investigation into the regulation of retirement villages, including identifying any regulatory gaps that allow unfair practices to occur; and</para></quote>
<quote><para class="block">(e) urges the Federal Government to take a leadership role in developing nationally-consistent regulation of retirement housing across the various tenures that provides strong protections to residents and their families.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>15:50</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
  </talker>
  <para>Retirement village regulations are a matter for the state and territory governments. The Commonwealth is concerned with recent examples of poor practice, which is why the Minister for Small Business took this matter to the consumer affairs forum. At the meeting, the Commonwealth state and territory consumer affairs ministers agreed that officials from their departments would review each jurisdiction's existing laws and regulations to identify any gaps between state laws and the Australian Consumer Law. This work should be allowed to reach its conclusion, noting there are a number of states already taking action.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that notice of motion No. 638, standing in the names of Senator Siewert and Senator Hinch, be agreed to.</para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [15:52]<br />(The President—Senator Ryan)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>28</num.votes>
              <title>AYES</title>
              <names>
                <name>Bartlett, AJJ</name>
                <name>Burston, B</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Dastyari, S</name>
                <name>Di Natale, R</name>
                <name>Farrell, D</name>
                <name>Georgiou, P</name>
                <name>Griff, S</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>Lines, S</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>Patrick, RL</name>
                <name>Rhiannon, L</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Steele-John, J</name>
                <name>Sterle, G</name>
                <name>Urquhart, AE (teller)</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </ayes>
            <noes>
              <num.votes>21</num.votes>
              <title>NOES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Brockman, S</name>
                <name>Bushby, DC (teller)</name>
                <name>Cash, MC</name>
                <name>Duniam, J</name>
                <name>Fawcett, DJ</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Hume, J</name>
                <name>Macdonald, ID</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>O'Sullivan, B</name>
                <name>Paterson, J</name>
                <name>Payne, MA</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Ryan, SM</name>
                <name>Seselja, Z</name>
                <name>Smith, D</name>
              </names>
            </noes>
            <pairs>
              <num.votes>0</num.votes>
              <title>PAIRS</title>
              <names></names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question agreed to.</p>
            </body>
          </division.result>
        </division></subdebate.1><subdebate.1><subdebateinfo>
          <title>Murray-Darling Basin Plan</title>
          <page.no>43</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:55</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek to add the names of Senators Wong, Farrell and Gallagher to notice of motion No. 641 standing in my name.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>So noted.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
  </talker>
  <para>I, and at the request of Senators Wong, Farrell and Gallagher move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that:</para></quote>
<quote><para class="block">   (i) before his resignation, the Honourable Barnaby Joyce was the Turnbull Government's Minister for Agriculture and Water Resources, and</para></quote>
<quote><para class="block">   (ii) the Minister for Agriculture and Water Resources has authority over the function of the Murray-Darling Basin Plan;</para></quote>
<quote><para class="block">(b) further notes that, in his time as the Minister for Agriculture and Water Resources, former Minister Joyce:</para></quote>
<quote><para class="block">   (i) dismissed the suggestion that the Commonwealth investigate allegations of water theft as broadcast by the Australian Broadcasting Corporation's <inline font-style="italic">Four Corners</inline> program,</para></quote>
<quote><para class="block">   (ii) instead described those allegations as a conspiracy to 'take more water' from irrigators in an effort to 'shut more of your towns down',</para></quote>
<quote><para class="block">   (iii) suggested that allegations that irrigators in New South Wales have undermined the Murray-Darling Basin Plan were an issue for New South Wales only, as 'the people who live around where that water may have been taken live all in New South Wales',</para></quote>
<quote><para class="block">   (iv) indicated that the reason he held the responsibility for the water portfolio was to "make sure we don't have greenies running the show",</para></quote>
<quote><para class="block">   (v) stated that the decision to incorporate the water portfolio into the broader agriculture portfolio was to 'look after' irrigator communities in New South Wales, and</para></quote>
<quote><para class="block">   (vi) suggested the allegations were broadcast by <inline font-style="italic">Four Corners</inline> out of sympathy for 'radical greens organisations';</para></quote>
<quote><para class="block">(c) acknowledges that the Australian taxpayer has bought billions of litres of water back under the Murray-Darling Basin Plan, giving all Australians, in every state and territory, an interest in ensuring this water is used for its stated purpose;</para></quote>
<quote><para class="block">(d) recognises that bestowing on a single minister responsibility for both agriculture and water creates a conflict of interest; and</para></quote>
<quote><para class="block">(e) calls on the Government to split the portfolios of water and agriculture and to not return the responsibility for water to former Minister Joyce.</para></quote>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:56</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to move an amendment to general business notice of motion No. 641 moved by Senator Hanson-Young.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That</para></quote>
<quote><para class="block">In paragraph (e), omit the words 'and to not return the responsibility for water to former Minister Joyce'.</para></quote>
<para>Question agreed to.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:57</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
  </talker>
  <para>The government is firmly committed to delivering the Murray-Darling Basin Plan on time and in full. The Prime Minister and the Deputy Prime Minister swiftly initiated a basin-wide review of state based compliance and enforcement in response to various media reports. The Prime Minister announced the outcomes of the review on 25 November and committed to implementing its recommendations and working with basin jurisdictions to strengthen compliance. The allocation of ministerial portfolios and administrative arrangements is a matter for the Prime Minister and not for direction by the Senate.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:58</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
  </talker>
  <para>Barnaby Joyce and the Nationals are white-anting the Murray-Darling Basin Plan, and the Liberals are just sitting back and letting them do it. They continue to put Barnaby Joyce's career ahead of delivering the Murray-Darling Basin Plan in full and on time. We've now seen a series of reviews and reports raise extremely serious concerns about compliance and enforcement, particularly in New South Wales: The Matthews report; the New South Wales Ombudsman's report; the <inline font-style="italic">Murray–Darling Basin water compliance r</inline><inline font-style="italic">eview</inline>; and the Commonwealth Auditor-General's review of <inline font-style="italic">New South Wales</inline><inline font-style="italic">’ protection and use of environmental water in the </inline><inline font-style="italic">Murray-Darling Basin. </inline>We've also seen the previous head of New South Wales water, Gavin Hanlon, refer himself to ICAC. Barnaby Joyce and the Nationals can't be trusted with the water portfolio. Labor supports this motion.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:59</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
  </talker>
  <para>This motion clearly identifies that there is a conflict of interest between the minister holding responsibility for both the agriculture and the water portfolios. The minister, Barnaby Joyce, has already admitted that he has a conflict of interest because he said that his primary priority is looking after big irrigators, not the river and not the environment. It is a clear conflict of interest, and this Senate is voting today to get it fixed.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:59</time.stamp>
    <name role="metadata">Senator O'SULLIVAN</name>
    <name.id>247871</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is not granted. The question is that notice of motion No. 641 standing in the name of Senator Hanson-Young, as amended, be agreed to.</para>
<para class="italic"> <inline font-style="italic">Senator Gallagher did not vote, to compensate for the vacancy caused by the resignation of Senator Parry.</inline></para>
<para> <inline font-style="italic">Senator Polley</inline> <inline font-style="italic"> did not vote, to compensate for the vacancy caused by the resignation of Senator Nash.</inline></para>
<para> <inline font-style="italic">Senator Williams</inline> <inline font-style="italic"> did not vote, to compensate for the vacancy caused by the resignation of Senator Kakoschke-Moore.</inline></para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:01]<br />(The President—Senator Ryan) </p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>29</num.votes>
              <title>AYES</title>
              <names>
                <name>Bartlett, AJJ</name>
                <name>Bernardi, C</name>
                <name>Burston, B</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Dastyari, S</name>
                <name>Di Natale, R</name>
                <name>Farrell, D</name>
                <name>Georgiou, P</name>
                <name>Griff, S</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>Lines, S</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>Patrick, RL</name>
                <name>Rhiannon, L</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Steele-John, J</name>
                <name>Sterle, G</name>
                <name>Urquhart, AE (teller)</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </ayes>
            <noes>
              <num.votes>22</num.votes>
              <title>NOES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Brockman, S</name>
                <name>Bushby, DC (teller)</name>
                <name>Cash, MC</name>
                <name>Duniam, J</name>
                <name>Fawcett, DJ</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Hume, J</name>
                <name>Leyonhjelm, DE</name>
                <name>Macdonald, ID</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>O'Sullivan, B</name>
                <name>Paterson, J</name>
                <name>Payne, MA</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Ryan, SM</name>
                <name>Seselja, Z</name>
                <name>Smith, D</name>
              </names>
            </noes>
            <pairs>
              <num.votes>6</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Cameron, DN</name>
                <name>Canavan, MJ</name>
                <name>Dodson, P</name>
                <name>Birmingham, SJ</name>
                <name>Marshall, GM</name>
                <name>Sinodinos, A</name>
                <name>O'Neill, DM</name>
                <name>Cormann, M</name>
                <name>Pratt, LC</name>
                <name>Scullion, NG</name>
                <name>Wong, P</name>
                <name>Brandis, G</name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question agreed to. </p>
            </body>
          </division.result>
        </division></subdebate.1><subdebate.1><subdebateinfo>
          <title>Taxation, Automotive Industry</title>
          <page.no>45</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:03</time.stamp>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that 2 December 2017 marked one year since the South Australian Treasurer, the Honourable Tom Koutsantonis, MP, called for the abolition of tariffs "such as the luxury car tax" on imported motor vehicles, and also stating he would immediately take that cause to the Coalition of Australian Governments meeting in Canberra;</para></quote>
<quote><para class="block">(b) agrees with the South Australian Treasurer's statement in his media release on that day that there is no longer an Australian automotive manufacturing industry to protect with these measures;</para></quote>
<quote><para class="block">(c) observes that abolition of remaining tariffs on motor vehicles and the luxury car tax would, combined, save Australian car buyers $1 billion per annum; and</para></quote>
<quote><para class="block">(d) calls upon the Government to announce its plans for these tariffs in the Mid-Year Budget Review, if not before.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:03</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute, Senator Carr.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
  </talker>
  <para>Senator Bernardi's motion relies on two false assumptions—firstly, that there is no longer an automotive manufacturing industry in Australia and, secondly, that the luxury car tax is a protectionist measure. Unfortunately, Senator Bernardi has not been paying attention. There are still tens of thousands of Australians employed in the automotive industry. While this number will reduce, it does not mean that the industry is, in itself, coming to an end. Moreover, many more component manufacturers than expected have made the transition to global supply chains. More importantly, the former motor vehicle OEMs and component makers are continuing research and development activities in Australia. They are maintaining proving grounds and design and engineering centres here.</para>
<para>Just today I met with Bosch Australia. Their recent investment in automotive R&D means they will employ an additional 30 people in their vehicle safety engineering team. This is not a measure that requires the public to support the discretionary funding— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:04</time.stamp>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<para>Leave is not granted.</para>
</speech>
<speech>
  <talker>
    <time.stamp>16:04</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
  </talker>
  <para>The luxury car tax was introduced as part of the GST reform package in 2000. Prior to the introduction of the GST, luxury cars had been subject to a wholesale sales tax of 45 per cent. The purpose of the luxury car tax was to ensure that, when the 10 per cent GST was introduced, the price of luxury cars did not fall disproportionately more than the price of standard vehicles. There is no connection between the luxury car tax and protection of domestic car production. The luxury car tax applies to all cars purchased in Australia above the relevant thresholds, regardless of the place of manufacture.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that motion No. 637, standing in the name of Senator Bernardi, be agreed to.</para>
<para class="italic"> <inline font-style="italic">Senator Gallagher did not vote, to compensate for the vacancy caused by the resignation of Senator Parry.</inline></para>
<para> <inline font-style="italic">Senator Polley</inline> <inline font-style="italic"> did not vote, to compensate for the vacancy caused by the resignation of Senator Nash.</inline></para>
<para> <inline font-style="italic">Senator Williams</inline> <inline font-style="italic"> did not vote, to compensate for the vacancy caused by the resignation of Senator Kakoschke-Moore.</inline></para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:06]<br />(The President—Senator Ryan) </p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>7</num.votes>
              <title>AYES</title>
              <names>
                <name>Anning, F</name>
                <name>Bernardi, C (teller)</name>
                <name>Burston, B</name>
                <name>Georgiou, P</name>
                <name>Griff, S</name>
                <name>Leyonhjelm, DE</name>
                <name>Patrick, RL</name>
              </names>
            </ayes>
            <noes>
              <num.votes>40</num.votes>
              <title>NOES</title>
              <names>
                <name>Bartlett, AJJ</name>
                <name>Brockman, S</name>
                <name>Bushby, DC</name>
                <name>Carr, KJ</name>
                <name>Cash, MC</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Di Natale, R</name>
                <name>Dodson, P</name>
                <name>Duniam, J</name>
                <name>Farrell, D</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Hume, J</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>Lines, S</name>
                <name>Macdonald, ID</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKenzie, B</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>O'Neill, DM</name>
                <name>O'Sullivan, B</name>
                <name>Payne, MA</name>
                <name>Polley, H</name>
                <name>Reynolds, L</name>
                <name>Rhiannon, L</name>
                <name>Rice, J</name>
                <name>Ruston, A</name>
                <name>Siewert, R</name>
                <name>Smith, D</name>
                <name>Steele-John, J</name>
                <name>Sterle, G</name>
                <name>Urquhart, AE (teller)</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </noes>
            <pairs>
              <num.votes>4</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Brandis, GH</name>
                <name>Wong, P</name>
                <name>Canavan, MJ</name>
                <name>Cameron, DN</name>
                <name>Marshall, GM</name>
                <name>Sinodinos, A</name>
                <name>Pratt, LC</name>
                <name>Scullion, N</name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question negatived.</p>
            </body>
          </division.result>
        </division></subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>46</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Consideration</title>
          <page.no>46</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>46</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Community Affairs References Committee</title>
          <page.no>46</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Additional Information</title>
            <page.no>46</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I present additional information received by the Community Affairs References Committee for its inquiry into the future of rugby union in Australia.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Intelligence and Security Committee</title>
          <page.no>46</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Report</title>
            <page.no>46</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report, <inline font-style="italic">Review of the listing of Islamic State Ea</inline><inline font-style="italic">s</inline><inline font-style="italic">t Asia as a terrorist organization under the Criminal Code</inline>, together with the committee's <inline font-style="italic">Annual report of committee activities 2016-17</inline>. I move:</para>
<quote><para class="block">That the Senate take note of the reports.</para></quote>
<para>I'm pleased to present the committee's report on the listing of Islamic State East Asia as a terrorist organisation under the Criminal Code together with the committee's annual report for 2016-17. Turning first to Islamic State East Asia, this is the first time this group has been listed as a terrorist organisation. The Criminal Code enables the committee to review the listing of terrorist organisations and report its findings to the parliament within the 15-day disallowance period. Islamic State East Asia is comprised of a number of extremist organisations that publicly pledged allegiance to Islamic State in December 2015. Since merging, the group's members have conducted increasingly violent attacks in the Philippines that are similar to those conducted by Islamic State in Syria and Iraq. This includes a large-scale attack in Marawi City in May 2017.</para>
<para>In conducting its review, the committee held a private hearing with ASIO and the Attorney-General's Department. The committee carefully reviewed the procedures followed by the government and the merits of the listings themselves. The committee was satisfied that appropriate processes had been followed and that Islamic State East Asia meets the relevant thresholds to be listed as a terrorist organisation. The committee therefore supports the listing and finds no reason to disallow the legislative instrument.</para>
<para>The second report I'm presenting today outlines the committee's activities for 2016-17. The national focus on counterterrorism measures continued throughout this year with further legislative reform. The committee maintained its bipartisan approach to reviewing proposed changes to Australia's national security legislation and completed inquiries into four bills referred by the Attorney-General. These bills included continuing detention for high-risk terrorist offenders and telecommunications sector security reforms. The committee made 39 recommendations to strengthen the bills and ensure that they included appropriate safeguards and oversight mechanisms. I note that the government accepted all of the committee's recommendations.</para>
<para>The committee also continued to fulfil its key statutory oversight responsibilities, including its annual review of the administration and expenditure of the six Australian intelligence agencies, as required by the Intelligence Services Act. The committee completed its review for the 2014-15 year and commenced its review for 2015-16. As in previous years, the committee looked closely at the impact of the efficiency dividend and other savings measures on agencies, and sought assurances that each agency continued to have the necessary resources to address Australia's national security priorities. The committee concluded that agencies were overseeing their administration and expenditure appropriately.</para>
<para>Briefly, I note that during this period the committee also conducted its third review of the AFP's performance of its functions under part 5.3 of the Criminal Code, and reviewed and supported the listing or relisting of 10 terrorist organisations. For the first time this year, the committee reviewed the declaration of a terrorist organisation under the Australian Citizenship Act 2007 following the declaration of Islamic State on 4 May 2016. This means that a person aged 14 or older who is a national citizen of another country loses their Australian citizenship if they are a member of the Islamic State or act on the instruction of, or in cooperation with, Islamic State. Importantly, the committee commenced its statutory review of division 3 of part 3 of the Australian Security Intelligence Organisation Act 1979—ASIO's questioning and detention powers—which is due to sunset in September 2018. The outcomes of this review will be reported on in next year's annual report.</para>
<para>There was further expansion of the committee's oversight responsibilities during the year. The Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 and Telecommunications and Other Legislation Bill 2016 were amended to include provisions requiring the committee to review the operation of the legislation within six years and three years, respectively.</para>
<para>In conclusion, the committee recognises that the recommendations of the <inline font-style="italic">2017 Independent Intelligence Review</inline> will, if accepted, have significant implications for the committee's ongoing oversight remit. The committee will closely monitor implementation of these arrangements and will work to ensure that they are as effective as possible. I commend the reports to the Senate.</para>
<para>Question agreed to.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Public Works Committee</title>
          <page.no>47</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Report</title>
            <page.no>47</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:16</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>On behalf of the Parliamentary Standing Committee on Public Works, I present report No. 8 of 2017, Referrals made 2017.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Rural and Regional Affairs and Transport References Committee</title>
          <page.no>47</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Report</title>
            <page.no>47</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:16</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I present the interim report of the Rural and Regional Affairs and Transport References Committee on the integrity of the water market in the Murray-Darling Basin, together with the <inline font-style="italic">Hansard</inline> record of proceedings.</para>
<para>Ordered that the report be printed.</para>
<continue>
  <talker>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate adopt the recommendation contained in the interim report to extend the time for the presentation of the report of the committee to 28 March 2018.</para></quote>
<para>Question agreed to.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:17</time.stamp>
    <name role="metadata">Senator O'SULLIVAN</name>
    <name.id>247871</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the report.</para></quote>
<para>It's very important that something goes on the record about the conduct of this particular inquiry of which the Senate has just received an interim report. This is a very, very important inquiry, looking into the affairs around water marketing in the Murray-Darling Basin. It has within its terms of reference an ability to look at allegations such as those that were aired on the <inline font-style="italic">Four Corners</inline> program, which essentially went, in part, to some governance issues around the management of water in the Murray-Darling Basin. It brought concerns with respect to the conduct of the New South Wales government and, indeed, the Murray-Darling Basin Authority itself in relation to how they have oversighted.</para>
<para>The problem is, colleagues, that one of us, in this case, Senator Hanson-Young, went public and crippled the work of this committee. She made an allegation that the committee, referring to this Senate—because it is a committee of this Senate—was running a protection racket for people who were offending along the Murray-Darling Basin. I recused myself as the Deputy Chair and the government members recused themselves from the hearing. We don't intend to return to the hearing until such time as this allegation is either withdrawn or particularised with accompanying evidence. Senator Hanson-Young has been called on, on two occasions, to produce evidence, but she has sat mute. There's a reason for that: she has zero evidence. She's been called on to particularise the allegations that the committee—a Senate committee; your committee; this Senate—was running a protection racket for people along the Murray-Darling Basin who are subject to allegations that there is wrongdoing. She has refused to particularise.</para>
<para>There is a reason for both of these refusals: the woman has nothing. Senator Hanson-Young has zilch. She was like a rabbit in the lights of a car when she was called upon to put evidence before this Senate inquiry. It remains under consideration as to whether she should be sent to the Privileges Committee. The fact of the matter is: you have to ask yourself why she would do this. She does not want this committee to proceed. She does not want this inquiry into the Murray-Darling Basin to proceed, because, if it were the case that it turned up no evidence, or evidence different to the allegation she is making, she will be once more—as is a frequent state for her—seriously embarrassed.</para>
<para>I call on my colleagues in the Senate to take note of the fact that Senator Hanson-Young has made an allegation about one of their committees. It includes members of the crossbench and members of the Labor Party. The chair is Senator Sterle. I've got to say, you'd think twice when allegations are made about someone's integrity in this place, unless it is around people like Senator Sterle. That fella is way above any suggestion that he, or Senator Gallacher, would participate in any process that even remotely resembled a protection racket for the government in relation to the allegations about the Murray-Darling Basin. Today, a motion laying down these nefarious sorts of allegations was supported by the Labor Party, indicating that they've got a zero tolerance if they form a view that something is happening.</para>
<para>Additionally, to make the committee's work almost impossible, Senator Hanson-Young collaborated with the Minister for Water and the River Murray in South Australia. He is regarded by many as one of the most inept politicians in the nation. He has no peers in that space. In fact, he was ordered from a public hearing at one of our Senate committees by a Labor chair. Here's a Labor minister of the Crown in South Australia who embarrassed himself. I've got to tell you, I don't often get embarrassed about the conduct of Labor members, particularly state Labor ministers, but I felt embarrassed for this poor individual as he attempted to take over the committee. He was a bully, he was boisterous, and he did so because he knew he had the support of the Greens—in particular, Senator Hanson-Young.</para>
<para>I leave it with this: Senator Hanson-Young needs to have the courage to come onto this floor—or she can do it out on the footpath if she wants—to make her allegation on the basis that she particularises it and she produces the evidence. There are 76 of us here, so this could cost me a quid, but I bet all of you—London to a brick—a carton of beer that she will never appear in this chamber and repeat the allegation with anything that resembles evidence or particulars in relation to it. I bet you a carton of beer. For the ladies, I don't want to make it separate, but if you want something else, I'm happy to consider that.</para>
<interjection>
  <talker>
    <name role="metadata">Senator McGrath</name>
    <name.id>217241</name.id>
  </talker>
  <para>Can I take rum?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator O'SULLIVAN</name>
    <name.id>247871</name.id>
  </talker>
  <para>Rum? Any other bids here? I'll get rum for Senator McGrath. This is a serious matter. She has brought this committee, a committee of this place, into disrepute by her allegation which is not particularised and which has no evidence. The reason is she has none, zilch and zero. She is absent from this chamber. I've talked long enough. She is up there watching me on the television. I thought she might have darted down now to take up the offer, but, of course, you won't see her in this place on this subject.</para>
<para>I seek leave to continue my remarks later.</para>
<para>Leave granted; debate adjourned.</para>
</continue>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Senate Publications Committee</title>
          <page.no>49</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Report</title>
            <page.no>49</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:24</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I present the report of the Standing Committee on Publications on the inquiry into the printing standards for documents presented to parliament.</para>
<para>Ordered that the report be printed.</para>
<para>Ordered that consideration of the report be made an order of the day for 7 February 2018.</para>
<continue>
  <talker>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the report.</para></quote>
<para>As the deputy chair of the Joint Committee on Publications and also chair of the Senate Standing Committee on Publications, I rise to seek to speak on the report of the committee's inquiry into printing standards. I've been a member of the Publications Committee now for 3½ years and I think it's safe to say that Publications Committee reports are rarely discussed in detail in this chamber. But their low profile certainly does not mean low importance for the matters that the Publications Committee considers.</para>
<para>This particular inquiry is the latest in a number of inquiries we have conducted in response to changes in technology and the way people create and consume parliamentary information. The Joint Committee on Publications sets the printing standards for documents that are presented to the parliament and also recommends documents that were not so ordered at the time of tabling to be included in the parliamentary paper series. The committee's inquiry considered the ongoing suitability of the printing standards and, more generally, how best to present, publish and preserve documents presented to the parliament in an increasingly digital-first environment.</para>
<para>Committee reports, government documents and other papers tabled in the parliament are increasingly being created and accessed in digital formats, as we all know and all use in this place. Given this, the committee reviewed not only the current printing standards to ensure they accommodated a digital-first approach but also the potential for digital-first approaches to increase the accessibility of tabled documents and streamline the administration of the processes for tabling documents in the parliament.</para>
<para>Accordingly, in addition to relaxing some of the printing standards for documents actually tabled in the parliament, the committee's report encourages parliamentary departments and relevant government agencies to continue work on developing processes that will allow immediate digital access to documents. The report particularly encourages the development of systems and processes that may ultimately allow for the digital delivery and tabling of all parliamentary documents.</para>
<para>Also important for consumers of parliamentary information, the committee's report also recommends that work be undertaken to improve the accessibility of tabled documents on the parliament's website via a dedicated web interface with appropriate search functionality. Finally, the report recommends that the Senate and House of Representatives adopt resolutions to effectively trial the devolution of the administrative task of including significant reports in the parliamentary papers series from the committee to the respective chamber departments. While the committee would maintain its oversight—and will retain its oversight—of this process, this would remove a significant administrative burden from the committees. It also recognises that the majority of documents in the PPS belong to established categories that can routinely be included in the series without the need for a decision of the committee in every case, which can, again, slow the process down significantly.</para>
<para>I thank senators and members on the committee for their contributions and particularly our secretariat staff and our committee secretary, Marcus, for their support and their work. In conclusion, this report makes two significant advances: first of all, for parliamentary staff, it makes the system easier and more streamlined, with far less bureaucratic administrative work behind the scenes; and it also makes information far more accessible to the general public, by making it easier for people to see our documents and by making our documents more transparent. I commend this report to the Senate.</para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>50</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Government Response to Report</title>
          <page.no>50</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:28</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I present five government responses to committee reports as listed on today's <inline font-style="italic">Order of Business</inline>. In accordance with the usual practice, I seek leave to incorporate the documents in <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The documents read as follows—</inline></para>
<quote><para class="block">Australian Government response to the Senate Community Affairs References Committee report:</para></quote>
<quote><para class="block">Care and management of younger and older Australians living with dementia and behavioural and psychiatric symptoms of dementia (BPSD)</para></quote>
<quote><para class="block">Foreword</para></quote>
<quote><para class="block">In 2017, there are an estimated 365,100 people in Australia living with dementia. This is expected to increase to almost 900,000 by 2050.</para></quote>
<quote><para class="block">The Senate Community Affairs References Committee report Care and management of younger and older Australians living with dementia and behavioural and psychiatric symptoms of dementia (BPSD) provides 18 recommendations on a range of issues affecting people living with dementia in Australia. Since the report was tabled, the Australian Government has taken action through a wide range of initiatives and reforms targeting dementia.</para></quote>
<quote><para class="block">These actions are outlined in this response and underpinned by the National Framework for Action on Dementia 2015-2019 (NFAD). The NFAD was endorsed by the Council of Australian Governments Health Council on 7 August 2015. It outlines Australian, state and territory government priorities across primary, acute and aged care to reduce the risk of dementia and improve the quality of life for people living with dementia and their support networks.</para></quote>
<quote><para class="block">On 29 May 2017, Australia supported the adoption of the World Health Organisation Global Action Plan on the Public Health Response to Dementia 2017-2025 (GAP). The goal of the GAP is to improve the lives of people living with dementia, their carers and families, while decreasing the impact of dementia on them as well as on communities and countries. The GAP includes seven distinct action areas and outlines measurable targets for achievement.</para></quote>
<quote><para class="block">The WHO Global Dementia Observatory provides the monitoring mechanism to track implementation and progress of the GAP and will be a valuable resource for knowledge translation and exchange. Australia is proud to be among the first countries supporting and sharing our data and resources on this platform.</para></quote>
<quote><para class="block">The Australian Government is committed to the provision of quality services for people living with dementia, their families and carers, as well as research into the prevention, diagnosis, treatment and cure of dementia. In the 2014-15 Budget $200 million over five years was allocated to boost Australia' s dementia research capacity and deliver best practice support for people with dementia across the health system. Key priorities of projects funded under this commitment are improving care and interventions for the behavioural and psychological symptoms of dementia and maximising the independence of people living with dementia. Research funding includes a strong knowledge translation component to translate research findings into practice within dementia policy and programs.</para></quote>
<quote><para class="block">Phase one of the re-design of national dementia support programs and services was announced by the Government on 25 January 2016. The co-designed reforms are based on the advice of stakeholders and experts received through the Ministerial Dementia Forums of 2014 and 2015 and KPMG' s nationwide consultation and analysis of dementia programs commissioned by the Government in 2015. Outcomes of the redesign address many of the report' s recommendations.</para></quote>
<quote><para class="block">Importantly, the redesign included the engagement of a single national provider to deliver nationally consistent accredited dementia training and education to the aged care workforce and health care professionals across Australia. Accredited training in best practice care of people with behavioural and psychiatric symptoms of dementia is available free to eligible health professionals and care workers.</para></quote>
<quote><para class="block">Other key elements of service redesign include the establishment of the Severe Behaviour Response Teams (SBRT) and engagement of a single national provider to deliver the Dementia Behaviour Management Advisory Service (DBMAS) across all states and territories. The national DBMAS supports staff and carers in community, residential, acute and primary care settings with information, advice, assessment and short term case management interventions. Family carers, health professionals and aged care providers have access to 24 hour advice and support to improve the quality of life of the person living with dementia. The SBRT supports Commonwealth funded approved residential aged care providers requiring assistance with addressing the needs of people with severe and very severe BPSD.</para></quote>
<quote><para class="block">A mobile workforce of multidisciplinary clinicians also provides locally delivered person-centred interventions, capacity building and resources for carers and organisations to improve skills in the care of people living with dementia in the longer term.</para></quote>
<quote><para class="block">The Ministerial Dementia Forum held in December 2016 focused on redesigning dementia consumer supports to ensure national consistency and regional and remote coverage. The Government is now working with stakeholders on phase two of the redesign of national dementia support programs to develop an improved suite of dementia consumer supports for people living with dementia and their carers across the life-cycle of the disease.</para></quote>
<quote><para class="block">The Government has also supported additional research and service improvement projects at a cost of more than $30 million through three rounds of the Aged Care Service Improvement and Healthy Ageing Grant Fund between 2012 and 2017. Projects address a range of priorities identified through the NFAD including improving dementia diagnosis and care in hospitals and primary care settings, delivering sensory experience interventions, reducing the use of antipsychotic medications in aged care facilities and development of tools and resources to manage and reduce behavioural and psychological symptoms of dementia (BPSD).</para></quote>
<quote><para class="block">In June 2016, the Government committed to establishing Specialist Dementia Care Units (SDCUs) across Australia to support residents with very severe BPSD.</para></quote>
<quote><para class="block">In addition, the Australian Government has provided funding over three years from June 2016 to Dementia Australia (formerly Alzheimer' s Australia) to establish the Dementia Friendly Communities initiative, which is designed to help ordinary Australians better understand dementia. This educative, community awareness raising program aims to give people a greater understanding of dementia and the small things that can be done to make a real difference to people living with the condition. A national dementia-friendly community resource hub will also be developed, to enable communities to network, learn from other initiatives and provide the latest evidence and information on best practice approaches to increasing community awareness and support for people living with dementia.</para></quote>
<quote><para class="block">Aged Care Reforms</para></quote>
<quote><para class="block">The Australian Government is implementing significant reforms to the delivery of aged care services for older people and their carers to ensure that Australia has the best possible system, which is sustainable and affordable. The reforms are consistent with the long term policy direction recommended by the Productivity Commission in its 2011 inquiry into Care for Older Australians.</para></quote>
<quote><para class="block">A number of review processes have also recently been conducted that investigated how aged care services are delivered and the protections for vulnerable older Australians.</para></quote>
<quote><para class="block">On 1 May 2017, the Government announced an independent Review of National Aged Care Quality Regulatory Processes (the Review). The Review was led by Ms Kate Carnell (AO), in conjunction with Professor Ron Paterson (ONZM), and examined Commonwealth aged care accreditation, monitoring, review, investigation, complaints and compliance processes. On 25 October 2017, the Minister for Ageing, the Hon Ken Wyatt AM, MP released the Review report. The Government is considering the Review recommendations.</para></quote>
<quote><para class="block">On 15 June 2017, the Australian Law Reform Commission released its report into elder abuse, recommending tighter regulation and safeguards in relation to the use of restrictive practices in residential aged care. The Review panel considered these recommendations.</para></quote>
<quote><para class="block">The Government recognises that care for older people living with dementia is an integral part of the aged care system.</para></quote>
<quote><para class="block">The Australian Government is committed to the provision of quality services for all older Australians, including for people living with dementia, their families and carers, as well as research into dementia prevention and cure.</para></quote>
<quote><para class="block">Responses to the recommendations have been developed collaboratively by the Department of Health, the Department of Social Services, the Australian Commission on Safety and Quality in Health Care and the National Health and Medical Research Council.</para></quote>
<quote><para class="block">Recommendation 1</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth create a new Medicare item number that encourages General Practitioners, registered psychologists or other relevant accredited professionals, to undertake longer consultations with a patient and at least one family member or carer where the patient has presented with indications of dementia (para 2.42).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">The second priority area for action under the National Framework for Action on Dementia 2015-2019 (NFAD) is "The need for timely diagnosis". Under this priority, the Government has committed to the following outcome: Australians will have access to skilled and knowledgeable health professionals who can support and provide an accurate and timely diagnosis of dementia.</para></quote>
<quote><para class="block">The Government recognises the important role that can be played by primary care providers in the identification, assessment and management of dementia.</para></quote>
<quote><para class="block">The Government' s view is that rather than creating a new Medicare Benefits Schedule (MBS) item, it would be more appropriate to consider whether current items are effective through the Medicare Benefits Schedule Review and Primary Health Care Advisory Group, and also to improve doctors' awareness of existing MBS items that allow for cognitive screening and care planning.</para></quote>
<quote><para class="block">Whilst there are no specific items for dementia diagnosis and intervention under the Medicare Benefits Schedule (MBS) arrangements, a wide range of existing items may be used for these purposes. These include:</para></quote>
<list>health assessments provided for people aged 75 years and older that can be undertaken annually – MBS items 701-707</list>
<list>comprehensive medical assessments in residential aged care facilities that can be provided annually - MBS items 701, 703, 705 and 707</list>
<list>longer consultations using the standard general practitioner attendance items – Level C attendance item - lasting at least 20 minutes, and the Level D attendance item - lasting at least 40 minutes are available for people of any age with suspected or diagnosed dementia</list>
<list>Chronic Disease Management (CDM) items such as MBS items 721-732. The package of CDM items includes Medicare rebateable items for GP-managed care planning and/or team assisted care planning, items to review care plans and contribute to care plans prepared by other providers including residential aged care services, and a mechanism for GPs to refer patients for Medicare rebateable allied health services</list>
<list>MBS rebates available for professional attendance by specialists and consultant physicians in the practice of geriatric medicine – MBS items 141-149. Some of these services may be to diagnose, treat or monitor patients with dementia and some of these items are for consultations of over 60 minutes and can be undertaken at a hospital or in a patient' s home. One of these MBS items (145 for Consultant Physician or Specialist in Geriatric Medicine, Referred Patient, Initial Comprehensive Assessment and Management - Home Visit) has a rebate of $469.35 as at January 2017.</list>
<quote><para class="block">On 22 April 2015, the Government, announced an MBS Review Taskforce. The Taskforce is undertaking a program of work to review all MBS items to ensure they are contemporary, reflect current clinical practice and allow for the provision of health services that improve health outcomes. Further, it will identify services that are considered unsafe or ineffective.</para></quote>
<quote><para class="block">It is anticipated that the Mental Health Services Clinical Committee will be established to review psychiatry, GP mental health and psychology MBS items.</para></quote>
<quote><para class="block">The Government also established the Primary Health Care Advisory Group, led by Dr Steve Hambleton, former Australian Medical Association President. The Advisory Group investigated options to provide: better care for people with complex and chronic illness; innovative care and funding models; better recognition and treatment of mental health conditions; and greater connection between primary health care and hospital care. Following an extensive national consultation process and review of the evidence, the Advisory Group provided a final report to Government in December 2015.</para></quote>
<quote><para class="block">In response to that report, as announced on 31 March 2016, the Government is providing funding for stage one of the establishment of Health Care Homes in ten Primary Health Networks (PHNs) regions across Australia from 2016-17 through 2019-20. Under this model, eligible patients with chronic and complex health conditions will voluntarily enrol with a participating medical practice known as their Health Care Home. This practice will provide a patient with a ' home base' for the ongoing coordination, management and support of their conditions. The model moves away from current fee-for-service payments for these eligible patients except for routine health issues not related to their chronic illness.</para></quote>
<quote><para class="block">Recommendation 2</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth consider increasing funding for the Younger Onset Dementia Key Worker Program in order to provide support to all people living with dementia. The increased funding should also ensure that accurate data is collected for evaluation purposes (para 3.39).</para></quote>
<quote><para class="block">Not Supported</para></quote>
<quote><para class="block">The Australian Government does not support this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support".</para></quote>
<quote><para class="block">The Younger Onset Dementia Key Worker Program (YODKWP) is transitioning to the National Disability Insurance Scheme (NDIS). Transitioning to the NDIS will provide the opportunity for Dementia Australia to receive significantly more funding whilst providing services to eligible people with younger onset dementia.</para></quote>
<quote><para class="block">The Government' s priority is to ensure that the NDIS is structured to provide support to those who need it. The NDIS is designed to provide people with disability, their families and carers greater choice and control over the course of their lives, including the flexibility to make decisions about which disability services and supports they use. Evidence suggests that when people with disability are given greater choice and control over their services they achieve better life outcomes.</para></quote>
<quote><para class="block">Access rates for the YODKWP have not been high and performance statistics do not support expansion of the program. An evaluation of this program is currently underway and although initial reports suggest that the program has resulted in some good outcomes so far, it would be inappropriate to expand the program based on preliminary findings without the analysis of longer term, more meaningful data.</para></quote>
<quote><para class="block">The Cognitive Decline Partnership Centre funded by the National Health and Medical Research Council (NHMRC) and industry groups recently conducted an evaluation of current models of key workers for people living with dementia in Australia, including a systematic review of the evidence in Australia and internationally. The key findings from the evaluation supported the role of dementia support workers and identified a need to further explore ways to increase access to the role within consumer directed care. Trialling and aligning the model with Primary Health Networks was also recommended. Key findings are relevant to future policy development.</para></quote>
<quote><para class="block">Recommendation 3</para></quote>
<quote><para class="block">The Committee recommends that each State and Territory develop dementia training facilities similar to the Perc Walkley Dementia Learning Centre in Victoria (para 3.40).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is: Support system wide, organisational and workforce awareness of BPSD together with evidence-based prevention and management strategies, including the provision of dementia friendly environments.</para></quote>
<quote><para class="block">The Government recognises the role that the physical environment and design of the care setting plays on providing high quality care to people living with dementia. Noting environmental design as an emerging priority, the Government is committed to providing flexible funding for a range of different approaches. The Government also notes that the aged care industry and the community share a role in ensuring environments are dementia friendly.</para></quote>
<quote><para class="block">In 2013-14 the jointly funded Commonwealth-Victorian Home and Community Care program provided one-off funding to Dementia Australia Victoria towards establishment of the Perc Walkley Dementia Learning Centre in Victoria. The Perc Walkley Dementia Learning Centre is a dementia learning facility which showcases dementia friendly design. The goal of the Centre is to provide education on how workplaces, homes and public spaces can become dementia friendly. The Centre creates a multi-sensory simulation using light, sound, colour and visual content to create a virtual reality experience at the Centre, which enables aged care and health care workers to be taken into the world of people living with dementia.</para></quote>
<quote><para class="block">The Australian Government funds the Dementia Training Program (DTP) to provide dementia-specific training to aged care, health care and other community providers and their staff in order to improve the care and wellbeing of people living with dementia. The DTP offers an environmental design workshop and consultancy for aged and healthcare services. A consultancy and resources specifically for the design, construction and maintenance of aged care facilities for Aboriginal and Torres Strait Islander peoples is also available. The program provides service managers and their design consultants with the knowledge, resources and tools required to understand the effects of the built environment on the person living with dementia and modify the environment to promote well-being while reducing confusion and depression. The information is provided through education and on-site consultation and is available in each state and territory.</para></quote>
<quote><para class="block">The Government acknowledges the ongoing work of non-government organisations in improving environmental design. For example, Dementia Australia Victoria and HammondCare have both been involved in development of virtual reality dementia training technology which enables anyone to experience planned physical spaces from the perspective of someone living with dementia. The technology assists care staff, designers and builders to understand sensory challenges for a person living with dementia and design environments that are much more welcoming and less confronting.</para></quote>
<quote><para class="block">The Government-funded DBMAS provider notes that environmental factors contribute to over 70 per cent of referred cases. To inform practice, the DBMAS provider can use portable virtual reality technology to educate staff about how sensory challenges contribute to behavioural and psychological symptoms of dementia.</para></quote>
<quote><para class="block">The Government currently funds Dementia Australia New South Wales for a trial of a dementia-specific experiential learning program in hospitals. The program uses a train-the-trainer model to engage hospital staff in simulation exercises to see how life might be experienced by their patients with dementia. The program is an opportunity for staff to reflect on the effect their work practices can have on the behaviour of those they are caring for.</para></quote>
<quote><para class="block">Recommendation 4</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth encourage relevant professional organisations, such as the Royal Australian College of General Practitioners, to ensure that patients diagnosed with dementia and their carers are informed by health professionals of the dementia supports available and how to access them (para 3.53).</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in principle.</para></quote>
<quote><para class="block">Two priority areas for action under the NFAD is "the need for timely diagnosis" and "accessing care and support post diagnosis".</para></quote>
<quote><para class="block">The Australian Government has delivered multiple initiatives to increase awareness for patients, carers and General Practitioners about the pathways into support and care.</para></quote>
<quote><para class="block">The NHMRC Cognitive Decline Partnership Centre (the Centre) has developed Clinical Practice Guidelines and Principles of Care for People with Dementia (the Guidelines) in consultation with an expert multi-disciplinary Guideline Adaptation Committee convened by the Centre. The Guidelines provide recommendations for the diagnosis and management of dementia and are intended for use by staff working with people living with dementia in the health and aged care sectors. The Guidelines also inform GPs about the key entry points for support services for the person with dementia, including Dementia Australia, My Aged Care, Carers Australia and the Aged Care Assessment Teams.</para></quote>
<quote><para class="block">The Centre has also published Diagnosis, treatment and care for people with dementia: A consumer companion guide to the Clinical Practice Guidelines and Principles of Care for People with Dementia. This consumer version of the Clinical Practice Guidelines includes accessible information about the latest evidence on dementia as well as information about the full range of dementia services and support. It is available from: www.sydney.edu.au/medicine/cdpc/resources/dementia-guidelines.php. The guidelines and the consumer companion have both been promoted to GPs via the Primary Health Networks.</para></quote>
<quote><para class="block">GPs also have access to the HealthPathways program which is a web-based information portal supporting primary care clinicians to plan patient care through the primary, community and acute health care systems. This is designed to be used at the point of care, primarily for General Practitioners but is also available to Hospital Specialists, Nurses, Allied Health and other Health Professionals.</para></quote>
<quote><para class="block">Other activities undertaken by the Department of Health may also assist dementia patients and their carers to be aware of the supports available to them. This includes the establishment of Primary Health Networks (PHNs) which aim to improve the efficiency and effectiveness of medical services for patients, particularly those at risk of poor health outcomes, and improve coordination of care to ensure patients receive the right care in the right place at the right time.</para></quote>
<quote><para class="block">PHNs have undertaken their baseline needs assessments and prepared their 2016-18 Activity Work Plans which have informed their commissioning decisions from 2016-17. While there are no activities specifically devoted to dementia in PHNs' first Activity Work Plans (submitted in May 2016), a number of them give consideration to dementia within broader activities that are focused on aged care including falls prevention, medication management, advanced care planning, palliative and end of life care, and promotion of healthy ageing.</para></quote>
<quote><para class="block">Another important initiative was the launch of My Aged Care in 2013 and its expansion in 2015 to become a true gateway for consumers to have their needs assessed and where appropriate, be referred to government funded aged care services. My Aged Care now includes a central client record to facilitate the collection and sharing of information, holistic needs assessment through a national standardised assessment form, online referral management and web based portals for clients, assessors and service providers.</para></quote>
<quote><para class="block">Prior to the establishment of My Aged Care, there was no central pathway for older people to access information and services. The transition to My Aged Care was a significant shift in how information, assessment and referral to access aged care services took place.</para></quote>
<quote><para class="block">The My Aged Care Regional Assessment Service (RAS) conducts face-to-face home support assessments for clients seeking entry-level support at home, provided under the Commonwealth Home Support Program (CHSP). The Aged Care Assessment Teams (ACATs) conduct face-to-face comprehensive assessments to determine a client' s eligibility for care types under the Aged Care Act 1997, including home care packages, residential care, residential respite care, Transition Care and Short Term Restorative Care.</para></quote>
<quote><para class="block">In June 2017, the Government launched a national awareness campaign promoting the My Aged Care website and national 1800 phone line. The advertising campaign will run in newspapers, magazines, radio, digital and social media. Other public relations activities will also be undertaken, including materials being available in 4,820 GP surgeries across the country.</para></quote>
<quote><para class="block">In addition, carers are able to access further support through the Carer Gateway at https://www.carergateway.gov.au.</para></quote>
<quote><para class="block">Resources are also available to encourage clinicians in hospital settings to provide information on support and referrals for care. In 2014, the Australian Commission on Safety and Quality in Health Care (the Commission) released resources titled A better way to care: safe and high quality care for patients with cognitive impairment (dementia and delirium) in hospitals. This publication emphasises the importance of a comprehensive assessment that includes assessing and addressing the support needs for carers.</para></quote>
<quote><para class="block">The booklet Dementia and Your Legal Rights created by Dementia Australia, contains practical information for people living with dementia, and their families and carers, for when the person with dementia no longer has the mental capacity to make decisions that affect them. This resource could assist GPs to support people living with dementia and their family and carers.</para></quote>
<quote><para class="block">Recommendation 5</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth facilitate and potentially fund the establishment of dementia-specific respite facilities, including in regional and remote areas (para 3.95).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is:</para></quote>
<quote><para class="block">Provide people with dementia and their carers and families access to appropriate and responsive respite services.</para></quote>
<quote><para class="block">Given its prevalence amongst older people, the Government considers the provision of appropriate care and support of people with dementia, their families and carers to be core business for all providers of aged care (including respite care). To support this, the Government provides a broad range of training and resources in dementia care for the aged care sector, as outlined in other recommendations in this document.</para></quote>
<quote><para class="block">The Government acknowledges the unique respite needs of people living with dementia and their carers, as well as the additional challenges faced by those living in regional and remote areas. Consequently, the Government currently funds a range of programs and initiatives that provide respite support for carers of people living with dementia.</para></quote>
<quote><para class="block">The CHSP provides a range of planned respite services for older people including flexible respite such as in-home respite and host family respite; cottage respite; and centre-based respite. Respite services provided through the CHSP are complemented by other respite services including emergency respite, which can be accessed through the Commonwealth Respite and Carelink Centres (CRCCs), and residential respite (short term stays in aged care homes).</para></quote>
<quote><para class="block">In response to the growing need for planned respite services for frail older clients, the 2016 CHSP Growth Funding Round targeted planned respite services as a priority area across a number of Aged Care Planning Regions for identified client groups. Through this funding round, an additional $115 million has been made available to deliver additional aged care services, including an increased number of planned respite services.</para></quote>
<quote><para class="block">Residential respite is provided across Australia. In 2015-16, of the 2,669 aged care homes that claimed Australian Government residential care subsidies, 2,438 (91 per cent) claimed for delivering residential respite care. This includes 944 (91 per cent) of the 1,042 aged care homes located in regional, remote or very remote areas of Australia.</para></quote>
<quote><para class="block">The Australian Government funds 54 CRCCs nationally to assist carers, including those living in rural and remote locations. CRCCs provide a link to carer support services and assist carers with options to access short-term and emergency respite. Where appropriate, a Centre can help with putting in place regular respite for a carer to reduce the need for unplanned and emergency respite. CRCCs also provide information about carer support services in their local area.</para></quote>
<quote><para class="block">As noted in response to Recommendation 4, My Aged Care is the primary entry point to Australia' s aged care system. My Aged Care provides information about ageing and aged care, and also assesses people' s needs, as well as locating and accessing suitable services, including respite care.</para></quote>
<quote><para class="block">The Department of Social Services (DSS) administers a range of services and programs to specifically support carers. DSS is currently developing and implementing a new Integrated Plan for Carer Support Services which seeks to recognise, support and sustain the vital work of unpaid carers. The first stage of the plan is the implementation of the Carer Gateway, which supports carers to locate and access carer support services. The Carer Gateway can be accessed at https://www.carergateway.gov.au.</para></quote>
<quote><para class="block">The Department of Health is working collaboratively with the DSS to ensure that the support needs of clients and their carers are can considered holistically and in recognition of the importance of supporting the ongoing care relationship.</para></quote>
<quote><para class="block">Recommendation 6</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth, in consultation with industry, develop guidelines regarding dementia-specific respite facilities that can effectively manage BPSD (para 3.96).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "accessing ongoing care and support". The related action to which the Government has committed is:</para></quote>
<quote><para class="block">Provide people with dementia and their carers and families access to appropriate and responsive respite services.</para></quote>
<quote><para class="block">The Government acknowledges that transitioning from home to respite and back again can be very difficult for a person living with dementia.</para></quote>
<quote><para class="block">As noted in the Foreword, the national DBMAS supports staff and carers in community and residential care services (including respite care), as well as acute and primary care settings. DBMAS provides information, advice, assessment and short term case management interventions to improve the quality of life of the person living with dementia. SBRTs support Commonwealth funded approved residential aged care (including respite care) providers requiring assistance with addressing the needs of people with severe and very severe BPSD.</para></quote>
<quote><para class="block">These services can be provided to support the transition of a person living with dementia to and from respite care. Through both programs, a mobile workforce of multidisciplinary clinicians provides locally delivered person-centred interventions, capacity building and resources for carers and organisations to improve skills in the care of people living with dementia in the longer term.</para></quote>
<quote><para class="block">As previously noted, the Australian Government also funds 54 CRCCs nationally to assist carers, including those living in rural and remote locations. CRCCs provide a link to carer support services and assist carers with options to access short-term and emergency respite. Where appropriate, a Centre can help with putting in place regular respite for a carer to reduce the need for unplanned and emergency respite. CRCCs also provide information about carer support services in their local area.</para></quote>
<quote><para class="block">In 2012, the Dementia Behaviour Management Advisory Service produced guidelines around the management of BPSD. Specifically, the Behaviour Management: A Guide to Good Practice - Managing Behavioural and Psychological Symptoms of Dementia (the Guide) is a comprehensive evidence and practice-based overview of BPSD management principles which enables practical strategies and interventions for assisting care staff and family members in any setting including facilities offering respite care.</para></quote>
<quote><para class="block">Following the release of the Guide in 2012, the Government has also funded additional resources: the Managing BPSD App for Clinicians is a quick reference guide to assist clinicians when they are presented with BPSD and is based on the Guide. This clinicians' app has now also been modified into a Managing BPSD App for Family and Carers to assist family carers in responding to and understanding the behaviours associated with the person' s dementia.</para></quote>
<quote><para class="block">Both apps cover topics such as:</para></quote>
<list>a description of the symptom and how it presents in dementia;</list>
<list>potential causes and/or contributing factors</list>
<list>precautions that can be taken to reduce the chance of some behaviours.</list>
<quote><para class="block">Research on BPSD will increase the evidence base to inform guidelines and implementation strategies for effective management of BPSD across a range of care settings including respite care facilities. One of the objectives of the NHMRC National Institute for Dementia Research (established under the Boosting Dementia Research 2014-15 Budget measure) is to strategically expand dementia research by identifying essential research priorities for Australia across the full spectrum from basic research to research translation. A comprehensive consultation with a diverse range of stakeholders, including researchers, clinicians, consumers and policy makers has been undertaken to identify priority areas for Australian dementia research and translation. An evidence based approach to manage BPSD to support dignity and quality of life of a person with dementia, as well as quality of care and the wellbeing of the carer, emerged as a key priority.</para></quote>
<quote><para class="block">Recommendation 7</para></quote>
<quote><para class="block">The committee recommends that the Commonwealth explore options for improving the provision of respite in rural and remote areas (para 3.97).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">The Australian Government recognises that providers of aged care services located in rural and remote areas face particular challenges in service provision, including issues related to the operation of small services, higher infrastructure and supply costs, and difficulties in attracting and retaining staff.</para></quote>
<quote><para class="block">The Australian Government supports a range of respite options, in both residential, flexible care and home care settings, which carers of people living with dementia in rural and remote areas can access.</para></quote>
<quote><para class="block">Australian Government subsidised aged care facilities are able to provide short-term care in the form of residential respite. Providers of residential respite care do not have a separate allocation of residential respite places. Rather, a portion of each permanent allocation of residential care places is used for the provision of respite care. It is a matter for the provider as to the mix of respite and permanent residential care places delivered within the financial year. The provision of residential respite services depends on the willingness and ability of providers to provide respite care.</para></quote>
<quote><para class="block">In 2015-16, of the 2,669 residential aged care services, 2,438 provided residential respite at some stage in the financial year. Throughout 2015–16, there were 73,335 admissions to residential respite. Providing they are assessed as eligible for respite by an ACAT, people living with dementia are able to access these services.</para></quote>
<quote><para class="block">Respite is also accessible through the Multi-Purpose Services (MPS) Program. The MPS Program is a joint initiative of the Australian and state and territory governments, and provides integrated health and aged care services for small rural and remote communities. MPS have an important role in small or isolated communities and allow services to exist in regions that could not viably support a stand-alone hospital or aged care home. At 30 June 2016, there were 177 MPS services providing 3,592 flexible aged care places. These places can be used to deliver residential care, respite care and home care services.</para></quote>
<quote><para class="block">In addition to residential respite, the National Aboriginal and Torres Strait Islander Flexible Aged Care Program (the Flexible Aged Care Program) funds organisations to provide culturally appropriate aged care to older Aboriginal and Torres Strait Islander people close to home and community. Flexible aged care services funded under this program are located mainly in rural and remote areas, and can deliver a mix of residential and community services, including emergency or planned respite care, in accordance with the needs of the community.</para></quote>
<quote><para class="block">As mentioned in response to Recommendation 5, the Government also funds more than 550 providers to deliver centre-based, cottage and flexible respite services through the CHSP, some of which are in rural and regional areas.</para></quote>
<quote><para class="block">Also previously noted, the Australian Government funds 54 CRCCs nationally to assist carers, including those living in rural and remote locations. CRCCs provide a link to carer support services and assist carers with options to access short-term and emergency respite. Where appropriate, a Centre can help with putting in place regular respite for a carer to reduce the need for unplanned and emergency respite. CRCCs also provide information about carer support services in their local area.  </para></quote>
<quote><para class="block">Recommendation 8</para></quote>
<quote><para class="block">The Committee recommends that the accreditation standards for Residential Aged Care Facilities include requirements for dementia-friendly design principles (para 4.79).</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in-principle.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The Framework notes that a safe, secure and homely environment can reduce confusion and agitation, improve way finding and encourage social interaction.</para></quote>
<quote><para class="block">The Government recognises the role that the physical environment and design of the care setting plays on providing high quality care to people living with dementia.</para></quote>
<quote><para class="block">The Accreditation Standards for residential aged care services include requirements for dementia-friendly design principles. Standard 4: Physical environment and safe systems requires approved providers to ensure care recipients live in a safe and comfortable environment that meets regulatory requirements and ensures the quality of life and welfare of care recipients, staff and visitors.</para></quote>
<quote><para class="block">Further, Expected Outcome 4.4: Living environment, states that approved providers of residential aged care services are expected to be actively working to provide a safe working environment. Assessment of a Residential Aged Care Facility' s compliance against Standard 4 by the Australian Aged Care Quality Agency includes ensuring care recipients can access the environment easily and safely.</para></quote>
<quote><para class="block">The Government has commenced the development of a single set of standards across all aged care services, including residential care. The new standards are being co-designed with industry and consumers, with advice from a Technical Advisory Group. Key objectives of the review are to increase the focus on outcomes for consumers in the standards and better support consumer choice and control.</para></quote>
<quote><para class="block">As previously mentioned, the Government funds a number of initiatives to assist aged care providers to implement dementia-friendly design principles, including through the Dementia Training Program. This includes an environmental design education and consultancy for aged and healthcare services, which provides service managers and their design consultants with the information required to design high quality facilities for people living with dementia. The information is provided through education and on-site consultation.</para></quote>
<quote><para class="block">Recommendation 9</para></quote>
<quote><para class="block">The Committee recommends that the accreditation standards for Residential Aged Care Facilities reflect a better balance between clinical and quality-of-life outcomes (para 4.80).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">One of the key principles underpinning the NFAD is "People with dementia are valued and respected, including their rights to choice, dignity, safety (physical, emotional and psychological) and quality of life."</para></quote>
<quote><para class="block">Consumer focus is one of the fundamental principles underlying the provision of quality care and services, whether the expected outcomes concern clinical care or lifestyle related outcomes. Residential aged care services are assessed against the Accreditation Standards by the Australian Aged Care Quality Agency. The Accreditation Standards contain four Standards and 44 Expected outcomes. The four standards are:</para></quote>
<quote><para class="block">1. Management systems, staffing and organisational development</para></quote>
<quote><para class="block">2. Health and personal care</para></quote>
<quote><para class="block">3. Resident lifestyle</para></quote>
<quote><para class="block">4. Physical environment and safe systems.</para></quote>
<quote><para class="block">The Accreditation Standards were designed to protect and foster quality of care and quality of life of care recipients of aged care homes. They were also designed to support a structured approach to the delivery of quality care to care recipients.</para></quote>
<quote><para class="block">The Accreditation Standards and expected outcomes cover a comprehensive range of care outcomes for consumers, from health and personal care through to considerations of independence, leisure interests, cultural and spiritual life, and the safety of consumers and staff. These care outcomes must be delivered in a way that enhance a consumer' s dignity and rights and promote well-being in a safe and comfortable living environment.</para></quote>
<quote><para class="block">As previously noted, the Government has commenced the development of a Single Aged Care Quality Framework across the aged care sector. The new standards are being co-designed with industry and consumers, with advice from a Technical Advisory Group. In developing a single set of standards the intention is to:</para></quote>
<list>provide consumers with greater consistency in expectations and continuity throughout their aged care journey</list>
<list>provide a greater focus on consumer engagement in line with a consumer directed care model</list>
<list>reinforce the consumer' s right to take risks in the pursuit of quality of life.</list>
<quote><para class="block">Consultation has been conducted on the draft single set of standards. The standards are being refined based on feedback from consumers and the sector. Once revised, the standards will be tested with a small group of providers. This work will be led by the Australian Aged Care Quality Agency. Further work will also be undertaken to develop education and guidance material to support the implementation of the new standards. Any changes to the standards will also involve amendment to the aged care legislation.</para></quote>
<quote><para class="block">In addition to changes to Accreditation Standards, the voluntary National Aged Care Quality Indicator (QI) Program commenced in January 2016 with three clinical indicators (pressure injuries, use of physical restraint and unplanned weight loss) for residential aged care services.</para></quote>
<quote><para class="block">Throughout 2016, the Department of Health worked closely with the National Aged Care Alliance Quality Indicators Reference Group, providers and consumers about next steps for the QI Program. Three tools to measure consumer experience and quality of life were piloted in residential aged care and home care. At the same time, the department also undertook a pilot to measure consumer goal attainment in home care.</para></quote>
<quote><para class="block">In the longer term, information on QIs will be published on the My Aged Care website to give consumers transparent, comparable information about the quality in aged care to assist decision making; and for providers to have robust, valid data to measure and monitor their performance and support continuous quality improvement.</para></quote>
<quote><para class="block">Recommendation 10</para></quote>
<quote><para class="block">The Committee recommends that a phased program of accredited training in dementia and the management of Behavioural and Psychological Symptoms of Dementia (BPSD) be required for all employees of Residential Age Care Facilities (para 5.44).</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in-principle and acknowledges workforce training and education is a shared responsibility between government and industry.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is: Provide and promote dementia training and ongoing education for all staff that care for people living with dementia.</para></quote>
<quote><para class="block">The Aged Care Act 1997 requires approved providers of Commonwealth-subsidised residential aged care to meet the Accreditation Standards and ensure that all care recipients are provided with quality care and services. The Accreditation Standards require aged care providers to ensure that staff have the appropriate knowledge and skills to effectively perform their roles. Recognising that many of the levers to influence the workforce rest with employers and providers, the primary responsibility for workforce rests with providers. Aged care providers are best placed to determine and manage their workforce needs. The Government will assist the sector with the development of an aged care workforce strategy.</para></quote>
<quote><para class="block">The Government funds a suite of programs to help embed best practice care of people living with BPSD in the aged care workforce.</para></quote>
<quote><para class="block">On 25 January 2016, the Government announced a new national approach to dementia care and training, in response to the 2015 Analysis of Dementia Programs. The DTP is now funded to provide nationally consistent dementia-specific training to aged and health care providers and their staff in order to improve the care and wellbeing of people living with dementia. The DTP' s training offerings for employees of residential aged care staff include the understanding of changed behaviours and the management of BPSD. Training is delivered across Australia, including in many rural locations.</para></quote>
<quote><para class="block">DTP training for aged care providers and their employees includes:</para></quote>
<list>accredited dementia care vocational level training courses – free to eligible care workers in residential, respite, community care or the wider health services</list>
<list>tailored onsite training to aged care providers who request assistance, including a dementia skills and environment audit, followed by a tailored training package.</list>
<quote><para class="block">As noted previously, the national DBMAS supports staff and carers in community and residential care services, including respite care. DBMAS provides information, advice, assessment and short term case management interventions to improve the quality of life of the person living with dementia. SBRTs support Commonwealth funded approved residential aged care (including respite care) providers requiring assistance with addressing the needs of people with severe and very severe BPSD. In addition to providing person-centred interventions, both programs offer capacity building and resources for carers and organisations to improve skills in the care of people living with dementia in the longer term.  </para></quote>
<quote><para class="block">Recommendation 11</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth take a proactive stance in highlighting the importance of staff training in dementia care, and develop linkages between care and education providers (para 5.45).</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in-principle.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is: Provide and promote dementia training and ongoing education for all staff that care for people living with dementia.</para></quote>
<quote><para class="block">As previously noted, the Australian Government now funds the DTP to provide nationally consistent dementia-specific training to aged and health care providers and their staff in order to improve the care and wellbeing of people living with dementia. In addition to the training for aged care providers and their employees previously noted, the DTA provides Continuing Professional Development training on dementia assessment, diagnosis and management to GPs, nurses, pharmacists, psychologists, specialists, allied health and other relevant professionals as appropriate.</para></quote>
<quote><para class="block">Delivered by a consortium of five universities and Dementia Australia, the DTP has a strong Essential Collaborators Network with members from leading aged care, specialist dementia care, health education and research organisations and actively promotes training for staff in aged, primary and acute care settings.</para></quote>
<quote><para class="block">The DTP engages strongly with aged care and health providers and provides a customised combination of recommended courses, services and resources in response to an audit of the environment and an assessment of staff dementia skills and knowledge.</para></quote>
<quote><para class="block">The DTP learning pathway is designed to enable clients to participate in training options which progress their knowledge from a foundation level to advanced dementia knowledge. The DTP supports choice in learning preferences, depths of engagement, training modality, and accreditation needs. It enables flexible training entry and exit points according to topic, time, and organisational factors.</para></quote>
<quote><para class="block">Recommendation 12</para></quote>
<quote><para class="block">The Committee recommends that the use of antipsychotic medication should be reviewed by the prescribing doctor after the first three months to assess the ongoing need. (para 6.19)</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in-principle.</para></quote>
<quote><para class="block">Under priority four "accessing ongoing care and support", the NFAD notes:</para></quote>
<quote><para class="block">A decision about the use of medicine to treat BPSD is a clinical one made by the prescriber based on individual circumstances... Feedback should be obtained from people with dementia, their carers and families and regular pharmaceutical reviews by pharmacists and prescribers conducted.</para></quote>
<quote><para class="block">As previously noted, the NHMRC Cognitive Decline Partnership Centre (the Centre) has developed Clinical Practice Guidelines and Principles of Care for People with Dementia (the Guidelines) in consultation with an expert multi-disciplinary Guideline Adaptation Committee convened by the Centre. Clinical Practice Guidelines have been shown to improve quality and consistency of care for people with a range of conditions.</para></quote>
<quote><para class="block">The Guidelines advise that, if medication is used to manage BPSD, a range of consultations and medication management techniques should be implemented and:</para></quote>
<list>its use should be reviewed every four to 12 weeks, considering the need for antipsychotics and possible cessation of medication</list>
<list>the review should include regular assessment and recording of changes in cognition and target symptoms.</list>
<quote><para class="block">The Guidelines also advise that, due to the increased risk of serious adverse events, people with mild-to-moderate behavioural and psychological symptoms of dementia should not usually be prescribed antipsychotic medications. In addition, the Guideline Adaptation Committee found that reducing over-prescription of antipsychotics should be prioritised for further research.</para></quote>
<quote><para class="block">The decision to prescribe antipsychotic medicines for a resident of a residential aged care facility is a clinical decision made by the resident' s treating medical practitioner in consultation with the resident and their family or representative and other clinicians. As with any prescribing decision, the treating medical practitioner must balance the potential benefits of treatment against the potential risks, while taking into account the particular clinical circumstances of each resident. This decision is part of the overall care plan that Commonwealth funded aged care providers are required to develop and implement for each resident, which includes a thorough assessment of the resident' s physical and mental health to determine the most appropriate response to meet their care needs.</para></quote>
<quote><para class="block">With respect to subsidy, in Australia there are already strict Pharmaceutical Benefits Scheme (PBS) restrictions, around the prescribing of antipsychotics to ensure they are used appropriately.</para></quote>
<quote><para class="block">Most antipsychotic medicines available under the PBS require the prescriber to obtain and include an authority code on the prescription from the Department of Human Services. Prescribers are required to prescribe in accordance with the PBS restriction criteria and keep evidence of compliance and patient eligibility on patient records. The prescriber must also prescribe in accordance with his/her approved scope of practice under state or territory law, and comply with other State and Territory laws that regulate prescribing.</para></quote>
<quote><para class="block">The independent, statutory Pharmaceutical Benefits Advisory Committee (PBAC) provides recommendations to the Government about PBS listings based on clinical evidence, and takes into account quality use of medicines issues in making its recommendations. As an example, at its November 2015 meeting, the PBAC recommended that an amendment be made to the PBS restriction for risperidone for the indication of behavioural disturbance in patients who have dementia and who have failed to respond to non-pharmacological methods of treatment, to align with the revised TGA indication. This amendment restricts use to moderate to severe dementia of the Alzheimer' s type and limits duration of treatment to 12 weeks based on updated evidence about the efficacy and toxicity of this medicine. Further information is available at http://www.pbs.gov.au/industry/listing/elements/pbac-meetings/psd/2015-11/files/risperidone-psd-november-2015.pdf.</para></quote>
<quote><para class="block">A Post-Market Review of PBS Anti-Dementia Medicines for Alzheimer' s Disease was completed in 2012. The PBAC considered the Review report in December 2012 and accepted the Report' s findings that these medicines are being used in a broader population and for longer periods of time than originally anticipated.</para></quote>
<quote><para class="block">To account for the use of these medicines in a broader population, the PBAC made a number of recommendations including restriction changes to make access to these medicines clinically appropriate for prescribers and patients who respond to treatment. Further information is available on the PBS Post-Market review website at: http://www.pbs.gov.au/info/reviews/anti-dementia-drugs.</para></quote>
<quote><para class="block">In addition, as part of the announcement of the outcomes of the Chemotherapy Review on 30 November 2013, the Prime Minister announced the Government' s intention to review the Authority Required PBS Listings. The Department of Health conducted a Post Market Review of Authority Required PBS Listings, under the Australian Government' s National Medicines Policy framework. The objective of the Review was to improve patient safety and care by reducing administrative burden for health professionals.</para></quote>
<quote><para class="block">The Review built on the PBAC' s consideration of a submission from the Australian Medical Association that recommended the movement of a number of medicines from Authority Required to Authority Required (Streamlined). The PBAC recommended that all Authority Required listings be reviewed to ensure that restrictions appropriately reflect the level of monitoring required to manage the quality use of medicines and the identified risks.</para></quote>
<quote><para class="block">The Review was undertaken in tranches. The PBAC considered the first tranche of PBS Authority Required listings in December 2014 (which included medicines of the highest regulatory burden), the second tranche in March 2015 (which included medicines for psychiatric conditions such as antipsychotics), the third in July 2015, antibiotics and opioids in August 2015 and dermatological listings in December 2015.</para></quote>
<quote><para class="block">The Review of Authority Required PBS listings is now complete. Implementation of PBAC recommendations is being progressed. The final Review report is expected to be published on the pbs.gov.au website in September 2017.</para></quote>
<quote><para class="block">Further information about the Review of PBS Authority Required medicines is available on the PBS Post-Market Review website at:</para></quote>
<quote><para class="block">http://www.pbs.gov.au/info/reviews/authority-required-listings.</para></quote>
<quote><para class="block">The Government has funded two separate projects through the University of Tasmania and the University of New South Wales at a total cost of $4.1 million (2013 to 2016) aimed at reducing the use of sedative and antipsychotic medications in residential aged care facilities (RACFs).</para></quote>
<quote><para class="block">Both projects involved the:</para></quote>
<list>measurement of antipsychotic medication use in participating RACFs</list>
<list>education and training of participating GPs, staff, pharmacists and families on risks related to inappropriate antipsychotic medication use</list>
<list>regular review of individual residents taking antipsychotic medication by the prescribing doctor</list>
<quote><para class="block">Findings from these projects will inform future policy. </para></quote>
<quote><para class="block">Recommendation 13</para></quote>
<quote><para class="block">The Committee recommends that residential aged care facilities, as part of their existing Aged Care Standards and Accreditation Agency annual audit process, report:</para></quote>
<list>circumstances where an individual has been prescribed antipsychotic medication for more than six months, together with the reasons for and any steps taken to minimise that use; and</list>
<list>general usage patterns of antipsychotic medications in each facility (para 6.20).</list>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Under priority four "accessing ongoing care and support", the NFAD notes:</para></quote>
<quote><para class="block">It is vital to adopt a collaborative approach to the management of medications for people with dementia as many medicines may induce or worsen BPSD. Feedback should be obtained from people with dementia, their carers and families and regular pharmaceutical reviews by pharmacists and prescribers conducted.</para></quote>
<quote><para class="block">Approved providers of residential aged care must meet the requirements of the Accreditation Standards under the Aged Care Act 1997. Further, each state and territory has legislation covering the use, administration and ordering of medicines. This may include the relevant minimum competency or qualification level required. Providers are required to ensure that all treatments and procedures, including medication, comply with the requirements of their specific state and territory laws (Aged Care Principles 2014; Schedule 1, part 2, item 2.4).</para></quote>
<quote><para class="block">Each provider should consider the needs of their care recipients, the meeting of the Standards and the local legislation governing the use of medicines in determining the staffing skill mix they require and the processes they may use. While state and territory legislation provides the minimum requirement, a provider may need to implement additional steps or a higher skill mix depending on the specific needs of the care recipients in their care.</para></quote>
<quote><para class="block">In considering the ability to meet the needs of care recipients, providers need to ensure that they are cognisant of the steps in medication management. Medication management involves more than the administration of a medicine. It also includes, for example, the monitoring of a care recipient after administration of a medication. It can also involve a decision about administering a medication versus withholding a medication while obtaining further medical advice. Providers need to ensure that they have a system that covers all aspects of medication management and regularly evaluate and review their medication management systems and processes. A resource in this area is the Australian Government' s Guiding principles for medication management in residential aged care facilities, disseminated to all residential aged care homes.</para></quote>
<quote><para class="block">The decision to prescribe antipsychotic medicines for a care recipient is a clinical decision made by the care recipient' s treating medical practitioner in consultation with the resident and/or their representative. As with any prescribing decision, the treating medical practitioner must balance the potential benefits of treatment against the potential risks while taking into account the particular clinical circumstances of each care recipient.</para></quote>
<quote><para class="block">Additionally, the Australian Government supported the development and testing of a standardised medication chart for residential aged care that has been trialled and was fully implemented during 2014-15. The new chart released in 2014 serves as both a prescription for most PBS and Repatriation Pharmaceutical Benefits Scheme (RPBS) medicines as well as a record of medication administration. Testing of the chart has demonstrated improved resident safety and will, over time, provide better aged care sector utilisation data on medicines, including rates of antipsychotic use.</para></quote>
<quote><para class="block">Documents related to the medication chart are available on the Australian Commission on Safety and Quality in Health Care (the Commission) website:</para></quote>
<quote><para class="block">http://www.safetyandquality.gov.au/our-work/medication-safety/nrmc.</para></quote>
<quote><para class="block">The Commission held a national roundtable on reducing inappropriate use of antipsychotics in older people in October 2016. The purpose of the roundtable was to seek expert advice on ways to reduce inappropriate use of antipsychotics in older people with BPSD, and to identify and prioritise strategies for action in the community, residential aged care and acute hospital settings.</para></quote>
<quote><para class="block">The Government has funded two separate projects through the University of Tasmania and the University of New South Wales at a total cost of $4.1 million (2013 to 2016) aimed at reducing the use of sedative and antipsychotic medications in Residential Aged Care facilities (RACFs). Findings from these projects will be used to develop future policy.</para></quote>
<quote><para class="block">Both projects involved the:</para></quote>
<list>measurement of antipsychotic medication use in RACFs</list>
<list>education and training of GPs, staff, pharmacists and families on risks related to inappropriate antipsychotic medication use</list>
<list>promotion of non-drug strategies to manage behavioural and psychological symptoms in people living with dementia.</list>
<quote><para class="block">Recommendation 14</para></quote>
<quote><para class="block">The committee recommends that the Commonwealth develop, in consultation with dementia advocates and service providers, guidelines for the recording and reporting on the use of all forms of restraints in residential facilities (para 6.31).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">The Australian Government has a regulatory framework in place to monitor the quality of care older Australians receive in aged care facilities through accreditation, complaints, quality reporting, compliance and compulsory reporting. As outlined in the response to recommendation 10, the Aged Care Act 1997 requires approved providers of Commonwealth subsidised residential aged care to meet the Accreditation Standards and ensure that all care recipients are provided with quality care and services.</para></quote>
<quote><para class="block">The decision to use restraints in residential aged care facilities is a clinical decision and must be made in consultation with the care recipient and/or their representative, staff and their medical practitioner. Any use of restraint should be included in the resident' s care plan. In making decisions on the application of restrictive practices, care providers must balance a patient' s basic legal and human rights (consistent with the aged care standards) with their duty of care to protect the patient, other residents and staff from harm.</para></quote>
<quote><para class="block">In recognition of the issues facing aged care providers around restraint use the Australian Government has supplied providers with a decision making guide on this issue since 2004. This was updated in 2012 and expanded into the following separate guides for residential and community care:</para></quote>
<list>The Decision-Making-Tool: Supporting a Restraint Free Environment in Residential aged care</list>
<list>The Decision-Making-Tool: Supporting a Restraint Free Environment in Community aged care.</list>
<quote><para class="block">The decision making tools provide staff, managers and carers with information and practical strategies on organisational, environmental, physical and psychosocial considerations that reduce the need to consider restraint as a care option. These toolkits include posters and information sheets which can be photocopied to provide in-house education and an information sheet that has been designed to be photocopied and handed to relatives.</para></quote>
<quote><para class="block">An important avenue in which care recipients and their families can raise concerns about the quality of care provided is the Aged Care Complaints Commissioner, which includes responding to concerns about the use of any form of restraint. The Commissioner takes all complaints seriously and seeks to achieve quality and timely outcomes for care recipients and providers. Where the Department of Health identifies significant failures of an aged care provider to meet their legislative responsibilities compliance action can be taken.</para></quote>
<quote><para class="block">The level of complaints to the Aged Care Complaints Commissioner from residents and/or their families or representatives in relation to the use of restraints is quite low. Analysis of complaints data in 2016 indicates that 1.3 per cent of all complaints are in relation to the use of chemical or physical restraint.</para></quote>
<quote><para class="block">As outlined in the response to Recommendation 9, one of the three quality indicators in the National Aged Care Quality Indicator Program is use of physical restraint.</para></quote>
<quote><para class="block">Recommendation 15</para></quote>
<quote><para class="block">The committee recommends that the Commonwealth collect and report:</para></quote>
<list>the number of residents in aged care and acute care facilities with a diagnosis of dementia;</list>
<list>the number of these residents who are taking, or have taken, antipsychotic medication;</list>
<list>the number of instances where a patient has been prescribed multiple anti-psychotic medications;</list>
<list>the reason the medication was prescribed; and</list>
<list>the average duration of a course of prescribed antipsychotics. (para 6.32)</list>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Under priority four "accessing ongoing care and support", the NFAD notes:</para></quote>
<quote><para class="block">A decision about the use of medicine to treat BPSD is a clinical one made by the prescriber based on individual circumstances. It is vital to adopt a collaborative approach to the management of medications for people with dementia as many medicines may induce or worsen BPSD.</para></quote>
<quote><para class="block">ACAT assessments and Aged Care Funding Instrument (ACFI) appraisals currently collect data about diagnoses of dementia among clients.</para></quote>
<quote><para class="block">In the Aged Care Assessment Program (ACAP), dementia may be reported among the health conditions recorded in each ACAT assessment. Diagnoses of dementia that may be recorded include Alzheimer' s disease, vascular dementia, and dementia as a symptom of other diseases. From 2016-17, ACATs' transition to use My Aged Care systems enables the availability of this data to the Department of Health at the individual client level.</para></quote>
<quote><para class="block">ACFI appraisals also collect information about diagnosed health conditions, including dementia, for permanent residents in Australian Government-subsidised residential aged care facilities. The ACFI appraisal pack includes a mental and behavioural disorders checklist that allows for the reporting of up to three mental and behavioural diagnoses for each permanent resident. It has previously been reported that over half of all permanent residents with an ACFI appraisal had a diagnosis of dementia .</para></quote>
<quote><para class="block">People admitted to hospital with dementia may have their diagnosis documented as part of the collection of data in Australian hospitals. Dementia may be recorded as a principal or additional diagnosis. However, research has confirmed that dementia is poorly recorded. The Australian Commission on Safety and Quality in Health Care' s resource titled A better way to care: safe and high quality care for patients with cognitive impairment (dementia and delirium) in hospitals emphasises the importance of recognising people with cognitive impairment to reduce increased risks of harm. Uptake of its key strategies may result in increased dementia and delirium coding and therefore a more accurate reflection of dementia rates in hospitals.</para></quote>
<quote><para class="block">Overall access to medicines in residential aged care is through the PBS and RPBS. The Drug Utilisation Sub-Committee (DUSC) considered an analysis of PBS antipsychotics prescription data in February 2013 and produced a report for the Pharmaceutical Benefits Advisory Committee (PBAC) in June 2013. The Public Summary Document detailing the PBAC' s consideration, discussion and recommendation from the DUSC review is publicly available on the PBS website at www.pbs.gov.au/info/industry/listing/elements/pbac-meetings/psd/2013-08/antipsychotics.</para></quote>
<quote><para class="block">The 2013 DUSC reports are available on the PBS website at www.pbs.gov.au/info/industry/listing/participants/public-release-docs/dusc-public-release-documents-by-medicine. In addition, PBAC recommended that DUSC review the whole class of antipsychotic drugs, 24 months after any changes in the pack size or number of repeats. This DUSC review was considered at the November 2016 PBAC meeting. The outcome statement of PBAC' s consideration of the 2016 review can be viewed from the PBS website at www.pbs.gov.au/industry/listing/elements/pbac-meetings/pbac-outcomes/2016-11/dusc-report-2016-11.pdf. The PBAC noted that there was less use of low dose (25 mg) quetiapine indicating a reduction in the inappropriate prescribing of quetiapine for non-psychotic indications, such as sedation. The PBAC requested that DUSC continue to monitor the use of antipsychotics.</para></quote>
<quote><para class="block">In addition, MedicineWise (NPS) is funded by the Government to assist prescribers and patients in the quality use of medicines and provide support for health professionals to assist their clinical management decisions. NPS has developed resources to help residential aged care staff understand and improve the management of medicines. These include Drug Use Evaluation (DUE) toolkits that help promote best practice medicines use in residential aged care homes. Two of these kits relate to sedation and use of antipsychotics.</para></quote>
<quote><para class="block">As discussed in the response to Recommendation 13, a national standardised medication chart for residential aged care services was made available in 2014. Testing of the chart has demonstrated improved resident safety and will, over time, provide better aged care sector utilisation data on medicines, including rates of antipsychotic use.</para></quote>
<quote><para class="block">The Commission held a national roundtable on reducing inappropriate use of antipsychotics in older people on 26 October 2016. The purpose of the roundtable was to seek expert advice on ways to reduce inappropriate use of antipsychotics in older people with BPSD, and to identify and prioritise strategies for action in the community, residential aged care and acute hospital settings.</para></quote>
<quote><para class="block">The Government has funded two separate projects through the University of Tasmania and the University of New South Wales at a total cost of $4.1 million (2013 to 2016) aimed at reducing the use of sedative and antipsychotic medications in Residential Aged Care facilities (RACFs). Findings from these projects will be used to develop future policy.</para></quote>
<quote><para class="block">Both projects involved the:</para></quote>
<list>measurement of antipsychotic medication use in RACFs</list>
<list>education and training of GPs, staff, pharmacists and families on risks related to inappropriate antipsychotic medication use</list>
<list>regular review of individual residents taking antipsychotic medication by the prescribing doctor.</list>
<quote><para class="block">Recommendation 16</para></quote>
<quote><para class="block">The committee recommends that the Commonwealth undertake an information program for doctors and residential aged care facilities regarding the guidelines Responding to Issues of Restraint in Aged Care in Residential Care. (para 6.48)</para></quote>
<quote><para class="block">Supported In-Principle</para></quote>
<quote><para class="block">The Australian Government supports this recommendation in-principle.</para></quote>
<quote><para class="block">One of the key principles underpinning the NFAD is "People with dementia are valued and respected, including their rights to choice, dignity, safety (physical, emotional and psychological) and quality of life."</para></quote>
<quote><para class="block">As mentioned in the response to Recommendation 14, the Australian Government has supplied providers with a decision making guide on this issue since 2004. This was updated in 2012 and expanded into the following separate guides for residential and community care:</para></quote>
<list>The Decision-Making-Tool: Supporting a Restraint Free Environment in Residential aged care</list>
<list>The Decision-Making-Tool: Supporting a Restraint Free Environment in Community aged care.</list>
<quote><para class="block">These toolkits include posters and information sheets which can be photocopied to provide in-house education and an information sheet that has been designed to be photocopied and handed to relatives.</para></quote>
<quote><para class="block">An extensive information program has already been undertaken to support the uptake of the guidelines including:</para></quote>
<list>presentations based on the guidelines were made at the Better Practice Conferences sponsored by the Australian Aged Care Quality Agency held around Australia throughout 2013</list>
<list>the toolkits were distributed to all Australian Government funded residential and home care providers nationally in late 2012. Additional printed copies of the resources are also available on request from National Mail and Marketing. In addition, the toolkits have been placed on the Department of Health' s website and are currently available to download at https://agedcare.health.gov.au/publications-articles/resources-learning-training/decision-making-tool-supporting-a-restraint-free-environment</list>
<list>since October 2012 over 7,560 copies of the toolkit have been distributed to residential aged care providers, and over 5,030 to home care providers from National Mail and Marketing.</list>
<quote><para class="block">As previously noted, the Australian Government funds the DTP to provide dementia-specific training to aged care, health care and other community providers and their staff. All of the training offerings promote the development of knowledge and skills and the creation of environments in which the use of physical and chemical restraints are not required. This includes the identification of strategies to prevent the emergence of BPSD and methods for identifying and minimising triggers of BPSD, which may include staff practices, pain, discomfort, environmental stressors or over stimulation.</para></quote>
<quote><para class="block">DBMAS, SBRT and Dementia Training Australia all support minimal use of restraints including chemical restraints. DBMAS provides best practice guides for managing behavioural and psychological symptoms of dementia and conducts reviews to minimise the use of medication that has a negative impact on a person' s emotional or cognitive state.</para></quote>
<quote><para class="block">Recommendation 17</para></quote>
<quote><para class="block">The Committee recommends that a review of the adequacy of respite facilities for Younger Onset Dementia patients be carried out urgently (para 7.29).</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is:</para></quote>
<quote><para class="block">Provide people with dementia and their carers and families access to appropriate and responsive respite services.</para></quote>
<quote><para class="block">People who are experiencing dementia and are under the age of 65 can face different challenges to those faced by older Australians with dementia and the Australian Government acknowledges the unique respite needs of people with younger onset dementia and their carers.</para></quote>
<quote><para class="block">Under the Aged Care Services Improvement Healthy Ageing Grants process 2014 funding was available under priority 2 - responding to existing and emerging challenges including de of markementia care, for initiatives that supported good-practice models of respite care for younger people living with dementia and developed resources that assist organisations to tailor their services to younger people living with dementia.</para></quote>
<quote><para class="block">Two projects were successful in this process:</para></quote>
<quote><para class="block">1. Tailor Made, good practice model for respite services for people with Younger Onset Dementia and their families</para></quote>
<quote><para class="block">2. Making Flexible Respite Care A Practical Reality.</para></quote>
<quote><para class="block">There is no age restriction on residential respite care, so clients with Younger Onset Dementia (YOD) have the same access to respite as other people with an ACAT assessment. YOD clients can also access services from the National Disability Insurance Scheme (NDIS). The NDIS is rolling out nationally over three years (2016-2019) and currently operating in a number of locations across Australia. Findings from the NDIS trial sites coupled with the experience gained during roll-out provides an opportunity to learn, and ensure better outcomes for Australians with disability, their families and carers.</para></quote>
<quote><para class="block">A number of reviews of the NDIS have been commissioned to take place between 2013 and 2017. The reviews will provide information on elements of launch, including performance against aims and objectives and the impact of some policy approaches. In particular, the Evaluation and Review of the NDIS Launch, conducted by the National Institute of Labour Studies, Flinders University and the review of the Lessons Learned from the Trial may provide insights relevant to this recommendation. The Government will reconsider this recommendation upon completion of these reviews.</para></quote>
<quote><para class="block">Currently YOD clients are also able to access respite through other gateways, where there is another diagnosed disability or ailment. For example, the Government funds 109 Mental Health Respite Carer Support organisations across Australia, noting funding is transitioning to the NDIS for this program as care recipients are able to be supported by the NDIS. These services provide flexible respite and support to carers and families of people with mental illness. Carers of people with YOD are able to access these services, provided the care recipient also has a mental illness which is impacting on their ability to function in the community.</para></quote>
<quote><para class="block">In 2013, the Australian Government engaged the University of Wollongong (UoW) to undertake an International Literature Review and a Needs and Feasibility Assessment of Services for People with Younger Onset Dementia. The UoW review and assessment were completed in February 2014, and provided principles of appropriate care and can be used to inform future health care design regarding respite for people living with dementia, their families and their carers. Providers are aware of these principles, and have been encouraged to reference them. The principles are available to the sector online at: http://ahsri.uow.edu.au/chsd/projects/yod/index.html.</para></quote>
<quote><para class="block">Recommendation 18</para></quote>
<quote><para class="block">The Committee recommends that the Commonwealth fund the development of a pilot Younger Onset Dementia specific respite facility at either the Barwon or Hunter area National Disability Insurance Scheme trial sites.( para 7.30)</para></quote>
<quote><para class="block">Noted</para></quote>
<quote><para class="block">The Australian Government notes this recommendation.</para></quote>
<quote><para class="block">Priority four of the NFAD is "Accessing ongoing care and support". The related action to which the Government has committed is:</para></quote>
<quote><para class="block">Provide people with dementia and their carers and families access to appropriate and responsive respite services.</para></quote>
<quote><para class="block">The NDIS provides funding for long-term, individualised care and support that is reasonable and necessary to meet the needs of people with permanent disability, where a person' s disability significantly affects their communication, mobility, self-care or self-management. This includes people with Younger Onset Dementia (YOD).</para></quote>
<quote><para class="block">Under the NDIS people with permanent and significant disability, supported by their families and carers as appropriate, will work to develop their own personal plan for support, based on their goals and aspirations and their individual needs. The scheme will empower people with disability to engage as equal partners in decisions that will affect their lives. This includes having choice over the types of support they want and how these are delivered.</para></quote>
<quote><para class="block">The National Disability Insurance Agency has a Catalogue of Supports that outlines the range of services that can be delivered to participants, provided they are related to the participant' s disability, achievement of outcomes and ultimately their goals.</para></quote>
<quote><para class="block">In addition to support through the NDIS, clients with YOD can also access respite care through the aged care system. As outlined in the response to Recommendation 17, there is no age restriction on residential respite care, so clients with YOD have the same access to respite as other people with an ACAT assessment.</para></quote>
<quote><para class="block">Australian Government Response to the Senate Economics Legislation Committee Report on the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 November 2017</para></quote>
<quote><para class="block"> <inline font-style="italic">Recommendation 1:</inline></para></quote>
<quote><para class="block">The committee recommends that the proposed mandatory factors, as drafted in subsection 46(2) of the bill, be removed.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response</inline></para></quote>
<quote><para class="block">The Australian Government adopted this recommendation by successfully moving parliamentary amendments to remove the 'mandatory factors' from subsection 46(2) (see Hansard, House of Representatives, 27 March 2017, p3264).</para></quote>
<quote><para class="block"> <inline font-style="italic">Recommendation 2:</inline></para></quote>
<quote><para class="block">The committee recommends that the government undertake a post-implementation review of the reforms to section 46 at least five years after commencement.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response</inline></para></quote>
<quote><para class="block">The Australian Government supports this recommendation in principle, as it will provide an opportunity to ensure that section 46 is working as intended. The timing of a review will need to take account of the extent to which the courts have had the opportunity to develop jurisprudence on the new provision.</para></quote>
<quote><para class="block"><inline font-style="italic">Recommendation </inline> 3:</para></quote>
<quote><para class="block">The committee recommends that the bill be passed.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response</inline></para></quote>
<quote><para class="block">On 14 August 2017, the Senate passed the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 (see Hansard, pp5568-69).</para></quote>
<quote><para class="block"><inline font-style="italic">Dissenting report by Labor Senators Recommendation </inline> 1:</para></quote>
<quote><para class="block">That the Senate should not pass the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016.</para></quote>
<quote><para class="block">Response</para></quote>
<quote><para class="block">On 14 August 2017, the Senate passed the Bill (see Hansard, pp5568-69),</para></quote>
<quote><para class="block"> <inline font-style="italic">Additional comments by Senator Xenophon Recommendation 1:</inline></para></quote>
<quote><para class="block">A ' cost waiver order ' should be introduced into market power abuse litigation cases to improve access to justice.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response</inline></para></quote>
<quote><para class="block">The Australian Government responded to this recommendation in the Senate on 14 August 2017 (Senator Cormann, Hansard, p5561).</para></quote>
<quote><para class="block"> <inline font-style="italic">Recommendation 2:</inline></para></quote>
<quote><para class="block">A divestiture order must be made available as a judicial remedy for serious or repeat market power abuse offender cases.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response</inline></para></quote>
<quote><para class="block">The Australian Government responded to this recommendation in the Senate on 14 August 2017 (Senator Cormann, Hansard, p5556).</para></quote>
<quote><para class="block"> <inline font-style="italic">Recommendation 3:</inline></para></quote>
<quote><para class="block">As per Draft Harper Review Recommendation 25, to mitigate concerns about over-capture a defence should be introduced so that the primary prohibition would not apply if the conduct in question:</para></quote>
<list>would be a rational business decision or strategy by a corporation that did not have a substantial degree of power in the market; and</list>
<list>the effect or likely effect of the conduct is to benefit the long-term interests of consumers.</list>
<quote><para class="block">The onus of proving that the defence applies should fall on the corporation engaging in the conduct.</para></quote>
<quote><para class="block"> <inline font-style="italic">Response:</inline></para></quote>
<quote><para class="block">The Government does not support this recommendation as the proposed defence would be broad, and could increase uncertainty about the operation of section 46. The Government also notes that, on 14 August 2017, Senator Xenophon withdrew a proposed amendment to the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017, which sought to introduce the defence, and acknowledged the defence would be unnecessary (Senator Xenophon, Hansard, p5555).</para></quote>
<quote><para class="block">Australian Government response to the Senate Finance and Public Administration References Committee inquiry report: Operation, effectiveness, and consequences of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016</para></quote>
<quote><para class="block">INTRODUCTION</para></quote>
<quote><para class="block">On 8 February 2017, the Senate referred an inquiry into the operation, effectiveness, and consequences of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 (the Order), to the Senate Finance and Public Administration References Committee (the committee). The committee examined:</para></quote>
<quote><para class="block">a. the process leading to the making of the order</para></quote>
<quote><para class="block">b. the policy of relocating corporate Commonwealth entities with agricultural policy or regulatory responsibilities, including:</para></quote>
<quote><para class="block">i. the identity of corporate Commonwealth entities that could be affected</para></quote>
<quote><para class="block">ii. the policy's effect on the ability of affected entities to perform their functions</para></quote>
<quote><para class="block">iii. economic, environmental and capability implications of the policy</para></quote>
<quote><para class="block">c. the application of this policy to the Australian Pesticides and Veterinary Medicines Authority (APVMA), including:</para></quote>
<quote><para class="block">i. the plan for relocation</para></quote>
<quote><para class="block">ii. the ability of the APVMA to perform its functions from its new location, and any consequent risks to:</para></quote>
<quote><para class="block">A. human and animal health</para></quote>
<quote><para class="block">B. productivity and profitability to the agriculture and fisheries sectors</para></quote>
<quote><para class="block">C. chemical industries</para></quote>
<quote><para class="block">D. Australia's trading reputation</para></quote>
<quote><para class="block">d. any other related matters.</para></quote>
<quote><para class="block">The committee reported on these matters on 9 June 2017. The majority report outlines five recommendations and the Australian Greens' additional comments outline one recommendation. The Australian Government provides the following response.</para></quote>
<quote><para class="block">D ETAILED RESPONSE TO THE RECOMMENDATIONS OF THE MAJORITY REPORT</para></quote>
<quote><para class="block">The Australian Government does not support the recommendation.</para></quote>
<quote><para class="block">Government policy orders, issued under subsection 22(1) of the <inline font-style="italic">Public Governance, Performance and Accountability Act 2013 </inline>(PG PA Act), provide a legislative mechanism designed to apply government policies to corporate Commonwealth entities.</para></quote>
<quote><para class="block">The Order was developed and applied to the APVMA to give effect to the government's policy, first outlined in its 2016 election commitment, to establish a Centre of Agricultural Excellence in Armidale by co-locating the APVMA with the University of New England (UNE) and its specialised agricultural research centres (The Coalition's Policy for a Stronger Agriculture Sector)'.</para></quote>
<quote><para class="block">The government is continuing to implement this election commitment; and has provided the APVMA with $25.6 million to help manage its relocation to Armidale.</para></quote>
<quote><para class="block">The Australian Government does not support the recommendation.</para></quote>
<quote><para class="block">The APVMA released its relocation strategy (APVMA in Armidale: Relocation Strategy)2 in December 2016. The strategy outlines how the APVMA will implement the government's 2016 election commitment to relocate to Armidale, including how it will manage risks and opportunities. A component of the strategy includes developing a new business model, which is well underway. Once completed, the business model will inform how the APVMA will operate in Armidale; and help shape its relocation from Canberra. While the business model will be an important part of the APVMA operations in the years to come, there is no need to pause the move on account of this work.</para></quote>
<quote><para class="block">The Australian Government notes the recommendation.</para></quote>
<quote><para class="block">In February 2017, the UNE began offering a Graduate Certificate in Science (Regulatory Science) and a Graduate Diploma in Science (Regulatory Science). A Master of Regulatory Science is also in development.</para></quote>
<quote><para class="block">The UNE has established an Agricultural and Veterinary Chemicals Regulatory Science Industry Advisory Board to provide advice and input to ensure its regulatory science courses meet the needs of both the APVMA and its industry partners. The board held its inaugural meeting on 21 July 2017 and includes members from the UNE, APVMA, Department of Agriculture and Water Resources, Animal Medicines Australia, CropLife Australia, Veterinary Manufacturers and Distributors Association and the National Farmers' Federation. The UNE is also developing partnerships with other government members of the Regulatory Science Network3 to ensure its courses also meet the regulatory science needs of these agencies.</para></quote>
<quote><para class="block">The UNE has advised the Department of Agriculture and Water Resources that a key motivation for students commencing the regulatory science courses is the possibility of future employment with the APVMA in Armidale. The government commends the UNE in developing these courses, which will fill an important gap in the market.</para></quote>
<quote><para class="block">The Australian Government notes the recommendation.</para></quote>
<quote><para class="block">This recommendation does not appear to recognise the policy, that corporate Commonwealth entities with agricultural policy or regulatory responsibilities be located in a regional community and within 10 kilometres by road of a regional university recognised for research and teaching in agricultural science, applied by the Order, had already received formal government consideration and approval. It is not the Finance Minister's role to re-make a government policy already made through due process.</para></quote>
<quote><para class="block">In making an order to apply a policy to a corporate Commonwealth entity under section 22 of the PGPA Act, the Finance Minister must be satisfied that the minister responsible for the policy has consulted the entity on the application of the policy. Such consultation occurred in November 2016.</para></quote>
<quote><para class="block">The Australian Government notes the recommendation.</para></quote>
<quote><para class="block">On 1 June 2017, the House of Representatives established a Select Committee on Regional Development and Decentralisation to inquire and report on best practice approaches to regional</para></quote>
<quote><para class="block">3 The Regulatory Science Network is a group of nine government agencies and departments responsible for the regulation of chemicals and biological agents in Australia (apvma.gov.au/node/15496).</para></quote>
<quote><para class="block">development, the decentralisation of Commonwealth entities, and supporting corporate decentralisation. The Select Committee is due to produce its final report by 28 February 2018.</para></quote>
<quote><para class="block">This inquiry is in addition to the whole-of-government process, announced by the Minister for Regional Development on 19 April 2017, to consider Commonwealth entities that may be suitable for decentralisation. This process is methodical and rigorous, involving a staged approach that includes the Cabinet's consideration of initial criteria and a two-stage business case process.</para></quote>
<quote><para class="block">As there is significant government and parliamentary work underway on decentralisation issues, the government does not see a need to undertake an additional inquiry.</para></quote>
<quote><para class="block">DETAILED RESPONSE TO THE AUSTRALIAN GREENS ADDITIONAL COMMENTS</para></quote>
<quote><para class="block">The Australian Government does not support the recommendation.</para></quote>
<quote><para class="block">The Australian Government is committed—consistent with its 2016 election policy—to relocating the APVMA to Armidale to establish a Centre of Agricultural Excellence by co-locating it with the UNE and other specialised agricultural research centres in the region.</para></quote>
<quote><para class="block">This move provides an opportunity to build an efficient and effective regulator; and improve how the APVMA works with its clients, which will increase farmers' access to new chemicals and reduce costs to business.</para></quote>
<quote><para class="block">Australian Government response to the Senate Select Committee on Health First Interim Report</para></quote>
<quote><para class="block">Senate Select Committee on Health First Interim Report</para></quote>
<quote><para class="block">Recommendation 1</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee recommends that the government should immediately </inline> <inline font-style="italic">abandon its </inline> <inline font-style="italic">plan to implement the </inline> <inline font-style="italic">$7 </inline> <inline font-style="italic">copayments.</inline></para></quote>
<quote><para class="block">Agreed.</para></quote>
<quote><para class="block">There is no plan to implement the $7.00 co-payment.</para></quote>
<quote><para class="block">Recommendation 2</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee notes the evidence of the negative implications of the government</inline> <inline font-style="italic">'</inline> <inline font-style="italic">s:</inline></para></quote>
<list><inline font-style="italic">changed hospital funding indexation arrangements that will see public hospitals funded on the basis of population growth and CPI;</inline></list>
<list><inline font-style="italic">cuts to the National Health Reform Agreements and associated National Partnership Agreements; and</inline></list>
<list><inline font-style="italic">lack of commitment to Activity Based Funding.</inline></list>
<quote><para class="block"> <inline font-style="italic">The evidence points to a significant loss of health services in Australia</inline> <inline font-style="italic">'</inline> <inline font-style="italic">s public hospitals if these changes proceed.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">On the basis of the evidence to the committee, the government should restate its commitment to Activity Based Funding and associated reforms.</inline></para></quote>
<quote><para class="block">Support in-principle.</para></quote>
<quote><para class="block">As announced in the Budget 2017-18, the Australian Government will deliver an overall investment of over $10 billion in the Long-Term National Health Plan — based on the four pillars of Guaranteeing Medicare and access to medicines; Supporting our hospitals; Prioritising mental health, preventive health; and sport; and Investing in medical research.</para></quote>
<quote><para class="block">The Commonwealth's contribution to public hospital services has experienced significant growth since the 2014-15 Budget. Between 2014-15 and 2015-16, Commonwealth funding for public hospitals under the NHRA increased from $15.5 billion to $17.2 billion, representing growth of $1.7 billion or 11.1 per cent. Further to this, Commonwealth funding for public hospitals continues to grow over the forward estimates from $18.5 billion in 2016-17 to $22.7 billion in 2020-21, representing growth of $4.2 billion or 22.8 per cent.</para></quote>
<quote><para class="block">Since the release of this interim report, a Council of Australian Governments (COAG) <inline font-style="italic">Heads of Agreement on Public Hospital Funding </inline>(HoA) was signed on 1 April 2016, which effectively reversed the decision of the 2014-15 Budget to index hospital funding by CPI and population growth from 2017-18. As part of the first wave of reform under the Long-Term National Health Plan, to give effect to the HoA, an Addendum to the National Health Reform Agreement (NHRA) began on 1 July 2017.</para></quote>
<quote><para class="block">The HoA retains important parts of the existing public hospital funding arrangements under the NHRA, including Activity Based Funding (ABF), which provides transparency of the services delivered, and the pricing of hospital services at a National Efficient Price (NEP). The HoA also introduces a national cap on growth in the Commonwealth contribution to public hospital services. This cap, set at 6.5 per cent per annum, demonstrates the Commonwealth's commitment to sustainable growth in hospital funding and will encourage the states and territories to do all they can to reduce costs and improve efficiency.</para></quote>
<quote><para class="block">Recommendation 3</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee recommends that, based on the evidence before it, and the demonstrated benefits arising from the work of the Australian National Preventive Health Agency (ANPHA) and the National Partnership Agreement on Preventive Health, the government should drop its plans to abolish ANPHA and reinstate the National Partnership Agreement on Preventative Health.</inline></para></quote>
<quote><para class="block">Not Agreed.</para></quote>
<quote><para class="block">Preventive health measures formerly administered by ANPHA were transferred to the Department of Health on 1 July 2014. The Department continues to support the effective delivery of preventive health measures to reduce health related risk factors within the Australian population. It is not possible to fully quantify funding on the Department's prevention activities, as measures can have a broad remit. For example, preventive health can include guidance to clinicians, support for health service provision, support for the work of peak bodies and non-government organisation (NGO) groups, research and monitoring, and intervention and disease management components that cannot be disaggregated. The Commonwealth continues to work with key health stakeholders, including the states and territories.</para></quote>
<quote><para class="block">As announced in the Budget 2017-18, the Australian Government will deliver an overall investment of over $10 billion in the Long-Term National Health Plan (the Plan) — based on the four pillars of Guaranteeing Medicare and access to medicines; Supporting our hospitals; Prioritising mental health, preventive health; and sport; and Investing in medical research. The Plan, increases investment in health, aged care and sport to $94.2 billion in 2017-18. The funding will enable targeted investment, with a focus on high value clinical care, promotion of good health and collaboration with the health sector.</para></quote>
<quote><para class="block">With heart disease, cancer and mental illness accounting for almost half the burden of disease in Australia, the Government is funding initiatives to support healthy lifestyles, prioritising mental health, preventive health and sport. Examples of such initiatives include:</para></quote>
<list>$64.3 million to continue mammograms services for women aged 70 to 74 years under the BreastScreen Program, which complements the BreastScreen Australia services being provided for women aged 59 to 60.</list>
<list>$41.6 million for the Victorian Cytology Service to continue research and quality services for cervical cancer.</list>
<list>$40 million per calendar year to increase sport participation in schools via the <inline font-style="italic">Sporting Schools </inline>initiative.</list>
<list>$20.3 million for National Sporting Organisations to increase participation in sport.</list>
<list>$20 million for preventive health and research translation projects under the Medical Research Future Fund.</list>
<list>$15.5 million to maintain sporting grounds and services for over 2,000 athletes.</list>
<list>$10.8 million to fight childhood cancer through research and clinical trials.</list>
<list>$10 million to the Heart Foundation for the Prime Minister's Walk for Life Challenge.</list>
<list>$5.9 million to expand the Prostate Cancer Nurse program</list>
<list>$5 million to Royal Australian College of General Practitioners to develop education and training material for GPs to support Australians to achieve a healthy lifestyle through increased physical activity and better nutrition.</list>
<quote><para class="block">Recommendation 4</para></quote>
<quote><para class="block"> <inline font-style="italic">If the goal of better integration of primary care is to be achieved, the committee recommends that the Primary Health Networks tender must include:</inline></para></quote>
<list><inline font-style="italic">a clear statement of the population health needs to be addressed, including clear outcome measures;</inline></list>
<list><inline font-style="italic">a statement of the population health data expected to be collected or used;</inline></list>
<list><inline font-style="italic">a statement on the outcomes Primary Health Networks will be expected to achieve to improve access to primary care and improve primary care integration for the whole population, in particular for disadvantaged groups; and</inline></list>
<list><inline font-style="italic">a requirement that the integrity of the data collected by Medicare Locals will be preserved</inline></list>
<quote><para class="block"> <inline font-style="italic">In considering the applications for funding for Primary Health Networks the government should have a mind to the success of Medicare Locals in:</inline></para></quote>
<list><inline font-style="italic">reducing hospitalisations</inline></list>
<list><inline font-style="italic">improving access to after-hours primary care services</inline></list>
<list><inline font-style="italic">reducing rates of chronic disease</inline></list>
<list><inline font-style="italic">reducing smoking rates</inline></list>
<list><inline font-style="italic">increasing immunisation rates</inline></list>
<list><inline font-style="italic">improving access to mental health services</inline></list>
<list><inline font-style="italic">improving access to allied health services</inline></list>
<quote><para class="block">Agreed.</para></quote>
<quote><para class="block">In 2014-15, the Australian Government selected organisations to establish and operate 31 Primary Health Networks (PHNs) through an open competitive funding round. As part of the PHN Invitation to Apply in December 2014, applicants needed to demonstrate their capacity and capability to undertake the role of a PHN, including:</para></quote>
<list>relevant subject matter expertise; and</list>
<list>specific examples of similar activities that demonstrated experience and capacity.</list>
<quote><para class="block">This process clearly articulated that the 31 PHNs, established on 1 July 2015, were to increase the efficiency and effectiveness of primary healthcare services for patients,</para></quote>
<quote><para class="block">particularly those at risk of poor health outcomes; and improve coordination of care to ensure patients receive the right care, in the right place, at the right time.</para></quote>
<quote><para class="block">Under the PHN program, PHNs also have a core set of six priorities, which are: mental health, Aboriginal and Torres Strait Islander health, population health, health workforce, digital health and aged care.</para></quote>
<quote><para class="block">Each PHN has undertaken population health planning, including needs assessments and associated market analyses, as well as stakeholder consultations to identify service gaps, and major health and system capacity issues. This information is used by PHNs to determine their priorities and to develop activity work plans, which describe how the PHN will commission and coordinate services to address those priorities. When this process identifies needs and activities which align with work undertaken by Medicare Locals, PHNs may commission activities to continue to address their community's health needs.</para></quote>
<quote><para class="block">A dedicated data webpage is accessible on the PHN website,</para></quote>
<quote><para class="block">(http ://www.health.gov. au/intemet/main/publishing.nsf/Content/PHN-Home), which provides geographic-level health and demographic data specific to each PHN region.</para></quote>
<quote><para class="block">The PHN program is actively improving the coordination and integration of a wide range of primary health services. PHNs also play an important role in providing education, training and support to general practice, as a key part of strengthening the primary health care system.</para></quote>
<quote><para class="block">The Government provides funding to PHNs to lead mental health and suicide prevention planning at a regional level. Through a new flexible primary mental health care funding pool, PHNs in partnership with relevant services will improve outcomes for people with, or at risk of, mental illness and/or suicide.</para></quote>
<quote><para class="block">To support PHNs in meeting their performance objectives for immunisation, the Department of Health recently engaged NPS Medicine Wise (in collaboration with the National Centre for Immunisation Research and Surveillance) through a competitive process to develop and implement a PHN Immunisation Support Program.</para></quote>
<quote><para class="block">The Program, which commenced in June 2017, will deliver a national and coordinated approach for assisting PHNs in supporting a range of immunisation providers including GPs, nurse immunisers, community health clinics, Aboriginal Medical Services, local councils and pharmacies, in delivering immunisation programs to their patients and communities, consistent with the Australian Immunisation Handbook and National Immunisation Program.</para></quote>
<quote><para class="block">Under the Primary Health Care Development Program, PHNs will continue to .ensure patients in their local communities can access after-hours primary health services and maintain continuity of services. PHNs received funding of $145.5 million from 2015-16 to 2016-17, to implement innovative and locally tailored after-hours solutions based on community need, recognising that all PHN regions are different.</para></quote>
<quote><para class="block">Recommendation 5</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee expresses its concern that the government</inline> <inline font-style="italic">'</inline> <inline font-style="italic">s decision to abolish 61 Medicare Locals and establish 30 new Primary Health Networks is resulting in loss of frontline services and will see significant cuts to services and programs at the local level that are aimed at improving population health, better integration of primary care services and keeping people out of hospital.</inline></para></quote>
<quote><para class="block">Not Agreed.</para></quote>
<quote><para class="block">Funding for frontline services delivered through the Medicare Local Program has been maintained through PHNs.</para></quote>
<quote><para class="block">Further to this, increased funding has been provided to PI-fNs to support them to take on a larger role in commissioning mental health care services and drug and alcohol treatment services following the Government's response to the <inline font-style="italic">National Mental Health Commission</inline><inline font-style="italic">'</inline><inline font-style="italic">s Review of Mental Health Programmes and Services, </inline>and the <inline font-style="italic">National Ice Taskforce</inline><inline font-style="italic">'</inline><inline font-style="italic">s Final Report.</inline></para></quote>
<quote><para class="block">Recommendation 6</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee recommends that the government, as a matter of urgency, ensures certainty in regards to the maintenance of the suite of services supplied by Medicare Locals, particularly in areas of rural and remote Australia where access to medical facilities and services is less comprehensive than the level of access in metropolitan areas.</inline></para></quote>
<quote><para class="block">Agreed.</para></quote>
<quote><para class="block">In the establishment of PHNs, service continuity was a priority and PHNs have managed a smooth transition of services from Medicare Locals.</para></quote>
<quote><para class="block">Further information on this recommendation is provided under recommendation 4.</para></quote>
<quote><para class="block">Recommendation <inline font-style="italic">7</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">The committee recommends that the government must take immediate steps to reinstate funding to indigenous health organisations and ensure that the particular health challenges facing Aboriginal and Torres Strait Islander Australians are effectively analysed and responded to.</inline></para></quote>
<quote><para class="block">Not agreed.</para></quote>
<quote><para class="block">Overall funding levels for Indigenous health are growing. From 2017-18 to 2020-21 the Government will invest $3.6 billion, through the Indigenous Australians' Health Programme, in Indigenous specific health programmes and activities - an increase of over $724 million compared to the previous four years (2012-13 to 2016-17). This does not include funding provided through Medicare and access to pharmaceuticals through the PBS.</para></quote>
<quote><para class="block">To ensure continuity of access to primary health care for Aboriginal and Torres Strait Islander peoples, funding that had been allocated to Medicare Locals prior to 1 July 2015 was transitioned to PHNs established in these regions. These PHNs were funded to deliver primary health care and <inline font-style="italic">New Directions: Mothers and Babies </inline>services during the transition period.</para></quote>
<quote><para class="block">On 28 January 2016, the Department of Health approached the market with an Invitation to Apply for the continuation of services in the nine regions where PI-INs were still being funded to deliver primary health care and <inline font-style="italic">New Directions </inline>services. Successful applicants from this process began a transition period to the full delivery of services from 1 January 2017.</para></quote>
<quote><para class="block">Through the 2017-18 Budget, the Government has expanded activity in the key areas of child and maternal health, and chronic disease prevention and management. For example, the Rheumatic Fever Strategy was strengthened and expanded, with funding totalling $18.8 million over four years from 2017-18.</para></quote>
<quote><para class="block">Recommendation 8</para></quote>
<quote><para class="block"> <inline font-style="italic">The committee recommends that the government should cease its planned merger of the Organ and Tissue Authority and the National Blood Authority.</inline></para></quote>
<quote><para class="block">Agreed.</para></quote>
<quote><para class="block">In December 2015, the Government decided not to proceed with the merger of the National Blood Authority and the Organ and Tissue Authority, as previously announced in the 2014-15 Budget.</para></quote>
<quote><para class="block">Government Senator ' s Dissenting Report</para></quote>
<quote><para class="block">Recommendation 1</para></quote>
<quote><para class="block"> <inline font-style="italic">That Coalition members of the Committee recommend that the Senate support reforms to improve the sustainability of health expenditure as provided for in the 2014-15 Budget.</inline></para></quote>
<quote><para class="block">Noted.</para></quote>
<quote><para class="block">Australian Government response to the Joint Select Committee on Northern Australia Pivot North - Inquiry into the Development of Northern Australia: Final Report October 2017</para></quote>
<quote><para class="block">OCTOBER 2017</para></quote>
<quote><para class="block">Further developing the north to realise its full potential is in the best interest of the nation as a whole. The north has great promise; however this is limited by factors including its remoteness, challenging weather and a sparse population.</para></quote>
<quote><para class="block">In June 2013 the Coalition released the <inline font-style="italic">2030 Vision for Developing Northern Australia (2030 Vision), </inline>which was followed by the release of the Green Paper on Developing Northern Australia in June 2014. <inline font-style="italic">Our North, Our Future: White Paper on Developing Northern Australia </inline>(the White Paper) was released in June 2015. The White Paper sets out a plan for economic development by facilitating more private investment to the north while developing more opportunities for a range of industries and communities to grow.</para></quote>
<quote><para class="block">The White Paper was informed by the findings of <inline font-style="italic">Pivot North: Inquiry into the Development of Northern Australia: Final Report (Pivot North) </inline>released by the Joint Select Committee on Northern Australia (JSC), chaired by the Hon Warren Entsch MP. This report identified the important issues facing the north, including trade, industry, water and land rights. The JSC provided valuable input to the White Paper and the Australian Government's response to the development needs of the north. It highlighted the great potential of the north to further develop as a strong economic base for Australia.</para></quote>
<quote><para class="block">The White Paper includes measures to unlock the north's potential across six key areas: simpler land arrangements to support investment; developing the north's water resources; growing the north as a business, trade and investment gateway; investing in infrastructure to lower business and household costs; reducing barriers to employing people; and improving governance.</para></quote>
<quote><para class="block">The White Paper outlines the Australian Government's plan to open the north to world markets and to realise the north's great potential. The Australian Government is determined to take advantage of northern Australia's proximity to the strongly growing Asian region and open the north to both investment and tourism from Asia and surrounding regions.</para></quote>
<quote><para class="block">As outlined in the White Paper, the Australian Government's priorities are to improve the business environment, cut red tape, invest in infrastructure, and strengthen partnerships with the three northern governments and neighbouring nations. Investments in infrastructure include upgrading major roads and water resources and providing concessional loans for major economic infrastructure through the Northern Australia Infrastructure Facility. Upgrading supply chain routes such as transport infrastructure will increase the north's ability to efficiently and reliably produce and get goods to market.</para></quote>
<quote><para class="block">The White Paper acknowledges the need to safeguard Australia's northern environment for future generations and to understand our role as stewards of our unique natural wonders, such as the Great Barrier Reef, to ensure all development is done in a way that protects the outstanding universal value of such special places.</para></quote>
<quote><para class="block">The White Paper, consistent with the <inline font-style="italic">2030 Vision, </inline>also looks to establish the north as a world class centre for tropical medical research. As Asia and the tropics grow, the north is in a prime position to develop a research centre to combat diseases and other medical issues that are unique to the tropics.</para></quote>
<quote><para class="block">We are dedicated to the further development of the north but changes are needed to realise its potential. The White Paper, in addressing many of the recommendations of the JSC, establishes the platform needed to build on the potential that is in the north.</para></quote>
<quote><para class="block">Recommendation 1: The Committee recommends that the Australian Government create a Department of Northern Australian Development, and that it be based in northern Australia.</para></quote>
<quote><para class="block">Response: Agreed in part — The Office of Northern Australia opened its head office in Darwin, in December 2015. The headquarters for the Northern Australia Infrastructure Facility is in Cairns and the Cooperative Research Centre on Developing Northern Australia headquarters opened in Townsville on 10July 2017 and will also have a presence in Darwin and WA (location yet to be determined). The White Paper commits to changes to governance arrangements (pp.115-121) including implementing the Northern Australia Strategic Partnership and measures to increase economic activity in northern Australia (pp.55-82). The Australian Government also established the Cabinet position of Minister for Resources and Northern Australia. In addition, a Ministerial Forum on Northern Development has been established. It is chaired by the Minister for Resources and Northern Australia and attended by ministers responsible for economic development from the Northern Territory, Queensland and Western Australia.</para></quote>
<quote><para class="block">Recommendation 2: The Committee recommends that the Australian Government identify key roads and commit to funding their upgrade as a matter of priority, subject to relative benefit assessment by Infrastructure Australia.</para></quote>
<quote><para class="block">Projects to consider would include:</para></quote>
<list>Continued upgrade of National Highways, including the Bruce and Stuart Highways</list>
<list>Hann Highway</list>
<list>Peninsula Development Road (to the tip of Cape York)</list>
<list>Tanami Road</list>
<list>Outback Way</list>
<list>Beef development roads such as the Barkly Stock Route.</list>
<quote><para class="block">Response: Agreed - The Australian Government understands the importance of the land transport network in northern Australia and is therefore committed to improving its safety, efficiency and connectivity. The Australian Government notes the importance of many of the roads identified in the Pivot North Report and has committed significant funding to improve land transport infrastructure in northern Australia.</para></quote>
<quote><para class="block">The Australian Government committed $600 million to the Northern Australia Roads Programme which focusses on inter-jurisdictional links identified in Infrastructure Australia's <inline font-style="italic">Northern Australia Audit, infrastructure for a Developing North Report January 2015. </inline>A further $100 million has been committed to the Northern Australia Beef Roads Programme, which aims to improve the productivity and resilience of cattle supply chains in northern Australia (pp.95-96).</para></quote>
<quote><para class="block">The Australian Government engaged CSIRO to assess the absolute and relative benefits of more than 80 potential northern Australia road upgrades, including all of those named above for consideration.</para></quote>
<quote><para class="block">Following this assessment, throughout 2016 the Australian Government announced 38 separate projects to be funded under both of the Northern Australia Roads programmes. Key roads to be upgraded include the Hann, Peak Downs, Flinders and Capricorn highways in Queensland; the Barkly Stock Route and the Tablelands, Buntine and Arnhem highways in the Northern Territory; and the Great Northern Highway and Cape Leveque Road in Western Australia.</para></quote>
<quote><para class="block">The Australian Government has committed $100 million to upgrade the Outback Way across Western Australia, Queensland and the Northern Territory. This commitment builds on the $70 million the Australian Government has already invested in the Outback Way through the Infrastructure Investment Programme and the NARP.</para></quote>
<quote><para class="block">In addition to these recent commitments, the Australian Government has committed significant funding to projects in northern Australia in which construction is already underway. This includes its $208.4 million contribution towards the $260 million Cape York Region Package (CYRP). The CYRP includes a range of works to upgrade infrastructure in the Cape York Region including $200 million to continue to seal the Peninsula Development Road.</para></quote>
<quote><para class="block">Further, the Australian Government has also committed up to $6.7 billion towards an $8.5 billion ten-year programme of works on the Bruce Highway (2013-14 to 2022-23), focusing on a range of specific upgrades and safety packages agreed with the Queensland Government as part of the Infrastructure Investment Programme.</para></quote>
<quote><para class="block">Not all projects within the Bruce Highway commitment are within the area defined as northern Australia by the White Paper, however upgrades across the full length of the Bruce Highway will improve access and connectivity into northern Australia.</para></quote>
<quote><para class="block">It remains essential for new or upgraded road construction to consider the north's variable climatic conditions, including rain fall predictions, wet seasons and flood resilient assets. Having operational transport corridors promotes economic activity, increases productivity, attracts investment and helps to minimise social disruptions. The Australian Government continues to work with the northern jurisdictions to identify further priority projects in northern Australia that could inform future investment as funding becomes available.</para></quote>
<quote><para class="block">Recommendation 3: The Committee recommends that the Australian Government, in conjunction with the Queensland and Northern Territory Governments, should fund a cost-benefit analysis of the following projects:</para></quote>
<list>rail line linking Mount Isa and Tennant Creek;</list>
<list>and passing lanes on the Darwin to Alice Springs railway.</list>
<quote><para class="block">Response: Agreed in part—in the White Paper the Australian Government committed $5 million to improve cross jurisdictional freight rail planning with the support of northern jurisdictions (p.91). In addition, Infrastructure Australia's <inline font-style="italic">Northern Australia Audit, Infrastructure for a Developing North Report January 2015 </inline>continues to be used as a basis for better planning and prioritisation.</para></quote>
<quote><para class="block">The Department of Infrastructure and Regional Development (DIRD) entered into a departmental-level Memorandum of Understanding with Queensland and the Northern Territory Governments to progress strategic and technical studies on the Mount Isa to Tennant Creek corridor. DIRD has committed $1.5 million to this project to assess the viability of freight rail to support broader transport and supply chain corridors from Townsville to Darwin. It is anticipated that the final strategic options paper that provides infrastructure options and key findings will be released in 2017.</para></quote>
<quote><para class="block">The Australian Government continues to work with the northern jurisdictions to identify and select additional proposals beyond the Mount Isa to Tennant Creek Link, including on the rail link to Townsville.</para></quote>
<quote><para class="block">Recommendation 4: The Committee recommends that the Australian Government give priority to the development and funding of water resource proposals that have been scientifically identified as being sustainable and with the strongest cost-benefit case, and consistent with National Water Policy. Projects to be considered could include:</para></quote>
<list>Use of groundwater for expanding horticulture;</list>
<list>Flinders River Weir/O ' Connell Creek Water Storage Project;</list>
<list>Urannah Dam;</list>
<list>Elliot Main Channel;</list>
<list>Nullinga Dam;</list>
<list>Eden Bann and Rookwood Weirs on the Fitzroy River; and</list>
<list>Cloncurry Dam, Cave Hill.</list>
<quote><para class="block">The Committee further recommends that the government proceed with its election proposal to set up the Water Project Development Fund which could be used to assess and plan—and possibly provide seed funding for water management proposals for northern Australia.</para></quote>
<quote><para class="block">Response: Agreed - Through the White Paper the Australian Government has established the National Water Infrastructure Development Fund which is providing support for developing potential infrastructure projects (including dams). It is also enabling detailed information to support decision making by producers, investors and government on water opportunities, including up to $200 million for the north (pp.49-54) over ten years to 2024-25. Applications are now open for Expressions of Interest (E0I) from state and territory governments for water infrastructure construction through the Fund. EOls will be accepted until all funds are committed. The Prime Minister and the Deputy Prime Minister released the Fund's guidelines on 27 October 2016.</para></quote>
<quote><para class="block">Through the Fund the Australian Government is funding 15 northern feasibility studies worth over $25 million; 10 in Queensland, three in Western Australia, one in the Northern Territory and one cross-jurisdictional (NT and WA). These studies include the Nullinga and Urannah Dams (p.53) and the $130 million commitment to the Rookwood Weir mentioned above for consideration.</para></quote>
<quote><para class="block">The Fund is also providing land-use suitability analysis of Ord Stage 3 and water resource assessments commissioned from the CSIRO in the Mitchell River catchment (Qld), the Fitzroy River Basin west Kimberley (WA) and the Darwin region (NT) (p.44).</para></quote>
<quote><para class="block">The National Water Infrastructure Loan Facility has also been implemented which will provide $2 billion in concessional loan funding for water infrastructure that supports the growth of regional economies and communities. Initial applications are being assessed for funding by February 2018. Future assessment dates will be announced in due course.</para></quote>
<quote><para class="block">Recommendation 5: The Committee recommends that the Australian Government conducts a full investigation of the potential and practicality of special economic zones in northern Australia.</para></quote>
<quote><para class="block">Response: Not agreed - The Australian Government does not support special economic zones in northern Australia for the reasons set out in the White Paper (p.60).</para></quote>
<quote><para class="block">Recommendation 6: The Committee recommends that the Australian Government take measures to reduce insurance premiums back to an affordable level, which could include increasing competition in the insurance market in northern Australia. The Australian Government has particular responsibility for the Indian Ocean Territories, but should also conduct negotiations with the Governments of the Northern Territory, Western Australia and Queensland, with a view to allowing the Territory Insurance Office to extend its coverage across northern Australia including the Torres Strait Islands.</para></quote>
<quote><para class="block">Response: Agreed in part — The Australian Government has previously announced reforms to increase competition in the insurance market and established the Northern Australia Insurance Premiums Taskforce (p.75). The Taskforce's key finding is that mitigation is the only sustainable way</para></quote>
<quote><para class="block">of lowering premiums. The Government is carefully considering the findings of the Taskforce and all options available in detail.</para></quote>
<quote><para class="block">The Government has also directed the Australian Competition and Consumer Commission (ACCC) to</para></quote>
<quote><para class="block">monitor prices, costs and profits in the insurance market in northern Australia in relation to home, contents and strata insurance. The inquiry commenced on 1 July 2017 and will continue for three years. The Government will provide the ACCC with $7.9 million to ensure it has the resources to</para></quote>
<quote><para class="block">conduct this inquiry. The Government will closely monitor the findings of the ACCC inquiry, which is an important step in ensuring that all relevant factors impacting affordability including federal and state regulations can be considered.</para></quote>
<quote><para class="block">The Senate Economics References Committee recently inquired into Australia's general insurance industry, including the increase in the cost of home, strata and car insurance, competition in the industry, and legislative and other changes necessary to facilitate a comparison service to improve competition and transparency. The Government is currently considering its response to that inquiry.</para></quote>
<quote><para class="block">Recommendation 7: The Committee recommends that the Australian Government, in conjunction with State and Territory Governments, continue to fund the Great Artesian Basin Sustainability Initiative with a view to completing the capping and piping of all uncapped bores identified under the Great Artesian Basin Coordinating Committee Strategic Management Plan.</para></quote>
<quote><para class="block">Response: Agreed in part — The Australian Government announced a three year extension of the Great Artesian Basin (GAB) Sustainability Initiative in October 2014 (p.49) which concluded on 30 June 2017. On 12 May 2017 the Australian Government announced the Interim Great Artesian Basin Infrastructure Investment Program which will provide $8 million in funding (to be matched by state and territory governments) to continue the delivery of water infrastructure improvements in the Basin to 2018-19. The purpose of the two year program is to enable a seamless transition from the conclusion of the Great Artesian Basin Sustainability Initiative to a new, long term funding model that encourages greater private investment in water infrastructure. The Australian Government has commenced discussions with northern jurisdictions on options for future funding of GAB infrastructure beyond mid-2019.</para></quote>
<quote><para class="block">Recommendation 8: That the impacts of the ongoing change in climate are included in all planning processes, and that the planning process includes the development of adaptation and mitigation policies and strategies for northern Australia.</para></quote>
<quote><para class="block">Response: Agreed in principle — The Australian Government supports the use of best practice planning strategies for development in northern Australia, including the work undertaken by the states and territory. The Australian Government agrees that implications of climate change should be considered as part of that planning in addition to the extreme weather conditions northern Australia is exposed to. For example, the water resource assessments outlined in recommendation four will take into account ongoing impacts of climate variability and change.</para></quote>
<quote><para class="block">The Australian Government released a <inline font-style="italic">National Climate Resilience and Adaptation Strategy </inline>in December 2015 that sets out how Australia is managing climate risks for the benefit of the community, economy and environment. The strategy identifies a set of principles to guide effective adaptation practice and resilience building, and outlines the government's vision for the future.</para></quote>
<quote><para class="block">The Government is reviewing its climate change policies to take stock of Australia's progress in reducing emissions, and ensure the Government's policies remain effective in achieving Australia's 2030 target and Paris Agreement commitments. The review commenced in early 2017 and will conclude by the end of 2017.</para></quote>
<quote><para class="block">Recommendation 9: The Committee recommends to the Australian Government that it is necessary that where socially significant community centres are placed at risk due to the finite nature of mining activities, consideration be given to appropriate actions to extend mine or like operations and opportunities consistent with best environmental practices and the interests of the region.</para></quote>
<quote><para class="block">Response: Not agreed — The issue of the appropriate time to close or suspend production from a mine is a commercial consideration by the company.</para></quote>
<quote><para class="block">The Australian Government supports world leading best practice for mine closure based on long term planning in partnership with communities and community ownership of post-closure outcomes as a core part of the business of mining.</para></quote>
<quote><para class="block">Community centres are the responsibility of state and territory governments. In developing such facilities the ongoing viability needs to be considered.</para></quote>
<quote><para class="block">Recommendation 10: The Committee recommends that the Australian Government, in conjunction with the Queensland Government, investigate the construction of an abattoir in north Queensland with a view to facilitating private sector investment at the earliest possible date.</para></quote>
<quote><para class="block">Response: Agreed in part —The Australian and Queensland Governments jointly funded a feasibility study into establishing an abattoir in northwest Queensland. The study was published and analysed a number of potential locations in Queensland with Cloncurry being identified as the most suitable for potential investors interested in developing an abattoir facility in this region.</para></quote>
<quote><para class="block">Recommendation 11: The Committee recommends that the Australian Government, in conjunction with the Northern Australia Strategic Partnership, develop a tourism strategy for promoting northern Australia domestically and internationally, highlighting natural assets and Aboriginal and Torres Strait Islander culture.</para></quote>
<quote><para class="block">Response: Noted — Any tourism strategy for northern Australia is best pursued through the framework of the existing national long-term tourism strategy, <inline font-style="italic">Tourism 2020, </inline>which has been developed and implemented in partnership with the Australian and State and Territory Governments. A separate northern Australia strategy would duplicate efforts and dilute the impact of current tourism marketing and promotion.</para></quote>
<quote><para class="block">Northern Australia's iconic experiences and destinations feature strongly in Tourism Australia's current and recent marketing campaigns. Destinations such as Kakadu, Litchfield, Broome, Darwin, Cairns and Uluru are some of Australia's most iconic and unique regions adding to Australia's diverse and competitive tourism offering. Promotional and marketing strategies for the region should be in line with the <inline font-style="italic">Tourism 2020 </inline>goal of growing overnight visitor expenditure from $115 billion to $140 billion by 2020. The strategy has broad support within Australia and targets high-yield visitors that will deliver the greatest benefit to the industry and the local economy.</para></quote>
<quote><para class="block">The development of a new product, including through the attraction of investment in tourism infrastructure in northern Australia, should be prioritised to help ensure the region can compete in the highly contested international tourism market. Reliable and cost-effective access to northern Australia via air, sea and land will improve the visitor experience and boost the local economy. Investment in quality tourism products and experiences will also be essential to develop the northern tourism industry.</para></quote>
<quote><para class="block">The White Paper expanded services under the Entrepreneurs' Programme to include eligible northern businesses in the tourism sector (p.66). This was implemented in February 2016. The White Paper also committed to:</para></quote>
<quote><para class="block">An expanded Seasonal Worker Programme (SWP) in northern Australia. Implemented in</para></quote>
<quote><para class="block">2016, the expansion enables Australian employers in the tourism industry in northern Australia to participate in a new pilot under the SWP;</para></quote>
<quote><para class="block">The Pacific Microstates—Northern Australia Worker Pilot Program; a programme providing citizens of Pacific micro-states (Nauru, Tuvalu and Kiribati) with access to a multi-year visa of up to two years. This work can include, as an example, occupations in tourism in northern Australia;</para></quote>
<quote><para class="block">- Other measures to reduce red tape on visa applications for Chinese and Indian visitors</para></quote>
<quote><para class="block">(pp.77-78) and expanding the Working Holiday Maker programme arrangements (pp.112-114).</para></quote>
<quote><para class="block">The Joint Standing Committee on Northern Australia is inquiring into and reporting on <inline font-style="italic">Opportunities and methods for, and impediments and challenges to stimulating the tourism industry in northern Australia. </inline>The Inquiry has received public submissions. Public hearings have been held in Canberra, Brisbane, Perth, Hamilton Island, Cannonvale, Port Douglas, Cairns, Townsville, Yulara, Alice Springs, Darwin and Broome.</para></quote>
<quote><para class="block">The Australian Government remains committed to working closely with the three northern jurisdictions on developing northern Australia. The Strategic Partnership is an essential mechanism for this collaboration through meetings between the Prime Minister and the First Ministers of Queensland, Northern Territory and Western Australia.</para></quote>
<quote><para class="block">Recommendation 12: The Committee recommends that the Australian Government seek to build upon significant cultural and artistic events, and programs including the promotion of Aboriginal and Torres Strait Islander arts, to increase participation in, and the public profile of, artistic and cultural activities in northern Australia.</para></quote>
<quote><para class="block">Response: Agreed — the Australian Government has a range of programs and policies that encourage excellence in art, support cultural heritage and provide access to arts and culture. The Department of Communications and the Arts delivers $40 million annually through its Indigenous arts and languages programs.</para></quote>
<quote><para class="block">The Indigenous Languages and Arts program supports Aboriginal and Torres Strait Islander communities to revive and maintain languages, and to deliver diverse arts projects that showcase and encourage participation in traditional and contemporary Indigenous artistic expression. The program currently has funding agreements to the value of $10 million with 49 organisations to deliver 67 language and/or arts projects across northern Australia.</para></quote>
<quote><para class="block">The Indigenous Visual Arts Industry Support (IVAIS) program provides operational support to around 80 Indigenous-owned art centres as well as a number of service organisations, art fairs and regional hubs. Together they enable the development, production and marketing of Indigenous visual art. In 2017-18, 72 per cent or $14.9 million of the IVAIS budget is being delivered to organisations in northern Australia.</para></quote>
<quote><para class="block">The Department of Communications and the Arts also provides a range of other funding</para></quote>
<quote><para class="block">opportunities for various cultural and artistic events and programs across northern Australia. These include:</para></quote>
<quote><para class="block">The Regional Arts Fund, supporting sustainable cultural development in regional and remote communities.</para></quote>
<quote><para class="block">The Festivals Australia program, funding a range of high quality, innovative arts projects that grow audiences and encourage partnership and collaboration in arts activities at festivals and events.</para></quote>
<quote><para class="block">The National Collecting Institutions Touring and Outreach and Visions of Australia programs</para></quote>
<quote><para class="block">support access to arts and cultural exhibitions for Australians in regional and remote Australia.</para></quote>
<quote><para class="block">The Community Heritage Grants Program provides funding to assist with the preservation of locally owned, but nationally significant collections. In 2016 it supported organisations in the Northern Territory, far north Queensland and northern Western Australia with training, preservation assessments and the purchase of archival material.</para></quote>
<quote><para class="block">The Australia Council invested in nearly 60 projects by artists and arts organisations in northern Australia in 2015 and 2016 and funds 16 arts organisations working in northern Australia. Regional touring programs Playing Australia, Contemporary Music Touring and the Contemporary Touring Initiative have a particular focus on regional and remote communities.</para></quote>
<quote><para class="block">Recommendation 13: The Committee recommends that the Australian Government commit to facilitating the approval process to enable the reopening of the Christmas Island casino.</para></quote>
<quote><para class="block">Response: Noted — While the Australian Government supports economic and tourism development for Christmas Island, broader government and community consultation would be required prior to any consideration of a proposal to re-establish a casino.</para></quote>
<quote><para class="block">Recommendation 14: The Committee recommends that the Australian Government support the creation of a Cooperative Research Centre for Northern Agriculture. All three universities substantially based in northern Australia should be involved in the CRC.</para></quote>
<quote><para class="block">Response: Agreed — In the White Paper the Australian Government committed to establish an industry-focussed Cooperative Research Centre (CRC) on developing northern Australia, located in the north (pp.67-68). On 21 April 2016 the Australian Government announced Townsville as the location of the CRC's headquarters, although the CRC's work will be across the north. The CRC will support industry-led projects where the north has particular strengths, including in agriculture, food and tropical health and work collaboratively with key academic partners. On 20 February 2017, the Australian Government announced the establishment CRC board. On 10 July 2017, the Chief Executive Officer, Mr Jed Matz commenced in Townsville. The CRC will also have a presence in Darwin and WA (location yet to be determined).</para></quote>
<quote><para class="block">Recommendation 15: The Committee recommends that the Australian Government support the development of a national institute for tropical sports and sports medicine in northern Australia.</para></quote>
<quote><para class="block">Response: Noted — The Australia Sports Commission has developed <inline font-style="italic">Australia's Winning Edge, </inline>which provides the high performance sports sector with clear performance targets and a framework for collaboration from 2012-2022. The strategy provides for greater levels of accountability, consistent and sustainable success for athletes and teams, and improved governance structures for reporting and monitoring performance. High performance not only fosters a sense of national pride, but also contributes to other government priorities such as participation, economic development, health and education. The Australian Government notes that any new national facility would need to take into account the current investment in, and services offered by, the Australian Institute of Sport as well as existing sports infrastructure in northern Australia.</para></quote>
<quote><para class="block">Recommendation 16: The Committee recommends that the Australian Government allow graduates to have some or all of their Higher Education Loan Program debt written-off in return for living and working in locations deemed remote for a significant period of time, such as five years.</para></quote>
<quote><para class="block">Response: Not supported — While the recommendation fits within the Australian Government's strategy to strengthen and develop northern Australia, a Higher Education Loan Program (HELP) debt write-off scheme would be inconsistent with the Australian Government's current policy on HELP.</para></quote>
<quote><para class="block">The 2014 Review of the Demand Driven Funding System by Dr David Kemp and Mr Andrew Norton concluded that reduced HELP repayments were not a major influence on decisions concerning courses and careers. It is likely that HELP debt remission for graduates in remote Australia will incur a cost to government and would be helping graduates who would live there in any case. This would have little impact, if any, in encouraging others to move and work in northern Australia and is not likely to be an efficient or effective initiative.</para></quote>
<quote><para class="block">Recommendation 17: The Committee recommends that the Australian Government give consideration to locating relevant departmental functions within the Australian Public Service to northern Australia, particularly where new organisations or departments or positions are being created which have no historical connection to other parts of Australia.</para></quote>
<quote><para class="block">Response: Agreed in principle — In the White Paper the Australian Government committed to shift the Office of Northern Australia to the north (p.119). This was completed in December 2015, and in January 2016 the Major Projects Approval Agency (now Major Projects Facilitation Agency) 'single point of entry' Darwin office opened (pp.75-76). The Cairns headquarters for the Northern Australia Infrastructure Facility (pp.67-68) opened in August 2016, and the CRC for Developing Northern Australia (pp.67-68) headquarters opened in Townsville on 10 July 2017, and will have a presence in Darwin and WA (location yet to be determined) and work across the north.</para></quote>
<quote><para class="block">In addition, on 1 September 2017 the Government announced that a new biosecurity hub will be built in Darwin as part of an $8 million joint project by the Australian and Northern Territory Governments to guard against foreign pests and diseases.</para></quote>
<quote><para class="block">These relocations have bought, and will continue to bring, more public servants and other professionals to northern Australia. Additionally there are a number of existing government agencies that have a significant presence in the north, such as the Department of Defence, Department of Immigration and Border Protection, the Department of the Prime Minister and Cabinet, CSIRO, and the Australian Institute of Marine Science.</para></quote>
<quote><para class="block">Recommendation 18: The Committee recommends that the Department of Defence give preference to local firms in northern Australia for the repair and maintenance of material and infrastructure, where it is financially sound.</para></quote>
<quote><para class="block">Response: Agreed in principle — The Australian Government released the 2016 Defence White Paper in February 2016, accompanied by the Integrated Investment Program and Defence Industry Policy Statement. The Integrated Investment Program included around $195 billion in investment in Defence capability over the decade to 2025-26, including a major investment in Defence capability and infrastructure based in northern Australia. This will provide significant opportunities for local industry.</para></quote>
<quote><para class="block">The Defence Industry Policy Statement outlined the Australian Government's commitment to maximising opportunities for the Australian defence industry to meet Australia's defence capability needs and help manage strategic risk over the coming decades. The Statement was founded on four principles:</para></quote>
<quote><para class="block">Australian industry must competitively meet our capability needs.</para></quote>
<quote><para class="block">- Maximise opportunities for Australian industry involvement in our capability programs.</para></quote>
<quote><para class="block">- Strategically plan and develop Australia's industrial base.</para></quote>
<quote><para class="block">- Normalise Australian industry as a fundamental input to capability.</para></quote>
<quote><para class="block">The Australian Government and Defence are focused on building the capability and skills of Australian industry, including in northern Australia to contribute to Defence capability. The size and scale of Defence requirements, including in support of the continuous shipbuilding program, require a national approach harnessing the skills and innovation within industry across Australia.</para></quote>
<quote><para class="block">The Australian Industry Capability Program is where Australian industry can contribute in meeting our defence capability requirements in every materiel project of $20 million and above. The Program has been significantly strengthened by making the requirements on tenderers more explicit. The requirements include:</para></quote>
<quote><para class="block">- maximising Australian industry involvement in the acquisition and sustainment of our Defence capabilities and identify why work proposed to be performed overseas cannot be performed or transitioned to Australian industry;</para></quote>
<quote><para class="block">- growing the skills, knowledge, technology and infrastructure within Australian industry to support enduring Australian industry capability to meet broader Defence needs;</para></quote>
<quote><para class="block">increasing innovation and research and development in Australia, including through Australian industry, academia and other government agency support and collaboration;</para></quote>
<quote><para class="block">- identifying opportunities for increasing Indigenous business involvement in the supply chain</para></quote>
<quote><para class="block">and involve more Indigenous Australians to work in the delivery of that capability; and</para></quote>
<quote><para class="block">promoting defence export opportunities to enhance industry sustainability and international competitiveness.</para></quote>
<quote><para class="block">This new approach was embedded in the Request for Tender for the SEA1180 Offshore Patrol Vessel (OPVs) that Defence released on 30 November 2016. The project will purchase 12 OPVs to provide surveillance, patrol and response operations in Australia's maritime approaches.</para></quote>
<quote><para class="block">The Australian Industry Capability requirements are a core component of the capability need tenderers must respond to that applies across all materiel acquisition and sustainment procurements that meet the threshold. These changes will provide increased opportunities for Australian industry, including companies based in northern Australia, to support Defence.</para></quote>
<quote><para class="block">The Australian Government is also fundamentally transforming the way that Defence engages with Australian industry and the support it provides. A key initiative of the Defence Industry Policy Statement is the Centre for Defence Industry Capability (CDIC), funded by Defence in partnership with Auslndustry. The CDIC engages with and supports industry to do business in the defence market, and to liaise across national and state and territory governments. The CDIC delivers initiatives within three key focus areas:</para></quote>
<quote><para class="block">Industry Development—activities include business advice and funding for sector wide</para></quote>
<quote><para class="block">initiatives.</para></quote>
<quote><para class="block">- Facilitating Innovation connecting business, academia and research organisations with</para></quote>
<quote><para class="block">innovative ideas to Defence.</para></quote>
<quote><para class="block">- Defence Business Competitiveness and Exports — supporting Australian businesses to be</para></quote>
<quote><para class="block">more competitive and internationally successful, including through access to Capability Improvement Grants and export programs.</para></quote>
<quote><para class="block">The CDIC has advisors that can work with local firms in northern Australia to assist them to be best positioned to competitively bid for and win Defence work. A CDIC officer is co-located with the Office of Northern Australia in Darwin.</para></quote>
<quote><para class="block">Under the Australian Government's Defence industry policy and initiatives, companies in northern Australia now have more opportunities than ever to contribute to Defence capability objectives.</para></quote>
<quote><para class="block">The Australian Government has in place a range of measures designed to promote economic growth through procurement. Additional Commonwealth Procurement Rules commenced on 1 March 2017. They require Commonwealth officials to consider the economic benefit of the procurement to the Australian economy and operate within the context of relevant national and international agreements, and the procurements policies to which Australia is a signatory. This includes free trade agreements and the Australia and New Zealand Government Procurement Agreement.</para></quote>
<quote><para class="block">This change requires officials to consider the economic benefit of a procurement to the Australian economy as part of their value for money assessment, for procurements above $4 million for non-construction goods and services and above $7.5 million for construction services.</para></quote>
<quote><para class="block">In general terms, benefits to the Australian economy, including in northern Australia, will result in the better use of Australian resources and increase productivity.</para></quote>
<quote><para class="block">Recommendation 19: The Committee recommends that the Australian Government consider relocating additional defence assets to northern Australia in accordance with the recommendations of the Defence White Paper.</para></quote>
<quote><para class="block">Response: Agreed — the Australian Government will enhance the Defence investment in northern Australia as part of the 2016 Defence White Paper. This investment in national defence infrastructure includes the following northern Australia Air Force bases, Tindal, Curtin, Scherger and Learmonth, the HMAS Coonawarra, and Robertson Barracks.</para></quote>
<quote><para class="block">Recommendation 20: The Committee recommends that the Australian Government improve access to, speed and reliability of high speed broadband in order to support the development of uses of digital communication technologies in northern Australia, such as:</para></quote>
<list>tele-health;</list>
<list>e-learning; and</list>
<list>projects to improve social amenity.</list>
<quote><para class="block">Response: Agreed- The Australian Government has put the rollout of the National Broadband Network (NBN) on track to affordably deliver high-speed broadband to all Australian homes and businesses by 2020. The rollout of the NBN is more progressed in regional areas than in metropolitan areas. At the end of February 2017, when the Interim Satellite Service was decommissioned, almost 65,000 premises were using Sky Muster services. By September 2017, this had increased to 79,000 active users. When the NBN is complete, all Australian homes and businesses will have access to a minimum wholesale download speed of 25 megabits per second.</para></quote>
<quote><para class="block">Approximately two and a half million premises in regional Australia will be receiving a fixed line service. This equates to approximately 70 per cent of premises outside major urban areas. Of the remaining premises, 19 per cent will receive a fixed wireless service, and 11 per cent will receive the Sky Muster satellite service.</para></quote>
<quote><para class="block">The Australian Government is investing more than $2 billion in the Sky Muster service, which will reach parts of Australia that are the most difficult to serve. By 21 September 2017, approximately 79,000 premises had a Sky Muster service installed. The Australian Government is working with NBN Co Limited to design new products using the Sky Muster service to cater for the needs of regional Australia. For example, distance education students can access higher monthly data allowances, comprising 50 gigabytes per student and public interest premises such as eligible health facilities available via a second satellite port in their house. In early October 2017, data allowances increased by 50 per cent for all users.</para></quote>
<quote><para class="block">The Government has introduced legislation into the Parliament to establish a statutory infrastructure provider (SIP) regime. Under this regime, SIPs will have to connect premises to a superfast network on reasonable request, and supply services to retail providers that will allow consumers to receive peak broadband speeds of at least 25 Mbps download and 5 Mbps upload.</para></quote>
<quote><para class="block">SIPs will need to connect premises to fixed-line networks unless this is not reasonable, in which case they will need to connect premises to fixed wireless or satellite networks. SIPs must also support voice services on the fixed-line and fixed wireless networks.</para></quote>
<quote><para class="block">NBN Co will be the SIP in areas it declares ready for services, and after the NBN is complete it will be the default SIP for Australia. Other carriers will be able to be SIPs where appropriate, for example where they have a contract to service a new development.</para></quote>
<quote><para class="block">The Australian Government also notes that the private sector continues to make significant investments in communications infrastructure, both as a complement to the NBN, and on a standalone basis, particularly in the area of mobile communications, transmission, and networks for businesses. Over 99 per cent of people in Australia have access to 3G mobile coverage; and over 98 per cent of people in Australia have access to 4G mobile coverage as a result of competitive, commercial private sector investment. Further significant investment has been announced. NextGen, a Vocus company, has made noteworthy investments in new transmissions through its 2000 kilometre North-West Submarine Cable System. Such investments are important to supporting the delivery of high-speed broadband to people on the move and in their homes and businesses. In December 2009 Telstra laid a fibre-optic cable between Jabiru and Nhulunbuy in the Northern Territory, as part of a $34 million project in partnership with the Northern Territory Government and Rio Tinto.</para></quote>
<quote><para class="block">The Australian Government continues to provide funding for Telehealth services which allow patients to consult with specialist medical practitioners using online video consultations.</para></quote>
<quote><para class="block">Access to broadband will also be important for enabling growth in the tourism industry. This will support tourism operators to optimise digital platforms to better meet visitor needs, such as instant booking/purchasing platforms, payment options in foreign currencies and multilingual information.</para></quote>
<quote><para class="block">Recommendation 21: The Committee recommends that the Australian Government develop a telecommunications and digital technology strategy specifically for northern Australia.</para></quote>
<quote><para class="block">Response: Noted — the Australian Government recognises that communications and connectivity are vital for people living, working and travelling in regional Australia. The ability to connect brings regional Australia closer to the rest of the world and unlocks opportunities for students, farmers, families and business owners. This is why the government is investing more in regional communications than at any other time. This historic-level of investment is already bringing benefits to regional Australians.</para></quote>
<quote><para class="block">As noted above in response to Recommendation 20, the private sector continues to make significant investments in communications infrastructure, both as a complement to the NBN, and on a standalone basis, particularly in the area of mobile communications, transmission, and networks for businesses.</para></quote>
<quote><para class="block">In addition to the government's investment in the NBN, the government acknowledges that mobile phone coverage is an issue of central importance to regional Australians. The government is investing $220 million in the Mobile Black Spot Program to improve mobile coverage along major regional transport routes and in small communities. Using a co investment model, this program has attracted investment from telecommunications carriers, state governments, local governments and businesses. The government's commitment of $160 million for rounds 1 and 2 of the program has leveraged a total co-investment of almost $600 million and will deliver 765 new and upgraded mobile base stations across the country. As part of its commitment, the government has allocated $60 million to address 125 priority locations. There will be an approach to market during 2017 to deliver on this commitment.</para></quote>
<quote><para class="block">Recommendation 22: The Committee recommends that the Australian Government support the development of Aboriginal and Torres Strait Islander employment and businesses through the use of successful public and private sector models of employment and enterprise.</para></quote>
<quote><para class="block">Response: Agreed — The Australian Government's Indigenous Advancement Strategy is focussed on getting people into work and supporting economic development. As part of the reforms to the Remote Jobs and Communities Programme, job seekers will have the opportunity to fulfil their 'work for the dole' requirements through placements in local businesses (p.109). The Community Development Programme (COP) was launched in July 2015 allowing any organisation or business to host CDP job seekers in a Work for the Dole activity.</para></quote>
<quote><para class="block">The Australian Government has also committed up to $100 million to deliver the Vocational Training and Education Centres (including six in northern Australia) for up to 7,500 guaranteed jobs since 2014. In addition the Australian Government, through Tailored Assistance Employment Grants, can provide funding for activities that help Indigenous Australians overcome disadvantage in the labour market and connect them to employment, gain experience that builds work readiness, and contributes to the broader community.</para></quote>
<quote><para class="block">In the White Paper the Australian Government committed to work with northern jurisdictions to agree on Indigenous employment and supply use targets for road projects (and other relevant expenditure) funded through the White Paper (p.110). Following the announcement in 2016 of successful roads projects under the Northern Australia Roads and Beef Roads programmes the work to identify employment and supply use targets for northern jurisdictions is underway. A number of additional measures in the White Paper seek to facilitate and make it easier to do business on Indigenous land, thus supporting enterprise, investment and employment:</para></quote>
<quote><para class="block">The NAIF Investment Mandate includes a mandatory criterion that projects have an Indigenous Engagement Strategy which sets out objectives for Indigenous participation, procurement and employment that reflects the Indigenous population in the region of the proposed project.</para></quote>
<quote><para class="block">Austrade has released a web-based business guide to land tenure arrangements in northern Australia, to encourage engagement and investment in Indigenous land.</para></quote>
<quote><para class="block">A number of communities in the Northern Territory have negotiated township leases in 2017 and are seeing the real-time benefits of economic activity—Mutijulu in Central Australia, Pirlangimpi on the Tiwi Islands and the Binjari housing lease near Katherine. Work continues on the Gunyangara lease in northeast Arnhem Land, at Jabiru in Kakadu National Park and at Yarralin in the Victoria Daly region.</para></quote>
<quote><para class="block">29 Aboriginal Ranger groups in northern Australia are now conducting biosecurity activities across northern Australia in addition to the 40 existing ranger groups that were doing so already.</para></quote>
<quote><para class="block">Recommendation 23: The Committee recommends that large scale extraction of water from river systems and aquifers in northern Australia, which may impact on the environment and the fisheries industry and other activities, should be preceded by thorough scientific investigation.</para></quote>
<quote><para class="block">Response: Agreed — In the White Paper the Australian Government committed to fund thorough water resource assessments in the Mitchell River catchment (Qld), West Kimberley (WA) and Darwin region (NT) (p.44). CSIRO has commenced the $15 million Northern Australia Water Resource Assessment project. Under this project CSIRO is working with state and territory government agencies, scientists, industry, farmers and local and Indigenous communities to assess the three water catchments. This will help state and territory governments develop water resource management plans to govern the sustainable economic and environmental development for these areas.</para></quote>
<quote><para class="block">In addition, as part of the <inline font-style="italic">Exploring for the Future </inline>Programme, Geoscience Australia is undertaking regional investigations of surface and groundwater systems across northern Australia in collaboration with state and territory government agencies, to underpin future opportunities for irrigated agriculture, mineral and energy development, and community water supply. The programme includes the delivery of pre-competitive data and information to inform decision-making regarding sustainable water management and development planning. The groundwater component of this four year programme totals $30.8 million.</para></quote>
<quote><para class="block">Recommendation 24: The Committee recommends that the numbers of Australian Quarantine and Inspection Service officers be significantly increased in northern Australia.</para></quote>
<quote><para class="block">Response: Agree in principle — Additional resources are being applied in northern Australia to focus on tropical biosecurity risks. Under the Northern Australia and Agricultural Competitiveness White Papers the Department of Agriculture and Water Resources has increased Bio-Security officers (previously known as Australian Quarantine and Inspection Service officers) in northern Australia. The number of staff (including airport and cargo inspection staff) has increased across the north from 110.5 Full Time Equivalents (FTE) as at 30 June 2015 to around 140 FTE currently.</para></quote>
<quote><para class="block">Recommendation 25: The Committee recommends that the Australian Government encourage ongoing bilateral exchange between the northern regions of Australia and neighbouring countries and communities in the Asia—Pacific and Indian Ocean regions.</para></quote>
<quote><para class="block">Response: Agreed — The Australian Government is building international links and northern capacity in tropical research (p.71). It is also linking the north to ASEAN's infrastructure 'connectivity' agency and APEC's Connectivity Blueprint (p.63). The Department of Foreign Affairs and Trade supports the development of the ASEAN Master Plan on Connectivity and the ASEAN Economic Community more broadly through the $57 million (2008-2019) ASEAN- Australia Development Cooperation Program Phase II. This program promotes the cooperation between Australia and ASEAN in areas of agreed regional development priority. The program has evolved to keep pace with economic progress in South East Asia and the maturing nature of the ASEAN-Australia relationship. This program had continued to support regional economic and social development cooperation and capacities.</para></quote>
<quote><para class="block">Recent Free Trade Agreements have been agreed with China, Japan and Korea. This is supporting increased trade that creates more Australia jobs and delivers more opportunities for Australian businesses, including in northern Australia. Furthermore, the Regional Comprehensive Economic Partnership negotiations continue to facilitate and strengthen bi-lateral discussions that have the potential to deliver significant opportunities for Australian businesses.</para></quote>
<quote><para class="block">There is also a tailored programme to build direct business links between the north and Indonesia, Papua New Guinea (PNG) and Timor-Leste (pp.62-63). In Timor-Leste, a business registration and licencing program is being supported to reduce red-tape and improve connectivity, including with northern Australia, and in PNG a partnership has been established to support cocoa farmers to increase productivity and improve business skills.</para></quote>
<quote><para class="block">The White Paper identified the need to share biosecurity expertise with scientists and officials in neighbouring countries including Papua New Guinea and Timor-Leste (p. 73). The Australian Government is also investing $3 million over three years to 2017/18 to trial tropical health and medical research short courses for Indonesian professionals (p.71). Short courses on malaria prevention and treatment for infants, children and pregnant women were delivered in 2016, with further courses in progress for 2017 and 2018.</para></quote>
<quote><para class="block">In addition, the $8.5 million Australian Tropical Medicine Commercialisation Grants Program helps develop pathways to commercialise Australian research on new tropical therapeutics, vaccines and diagnostics for tropical diseases in partnership with international companies. It also provides opportunities to connect Australian research institutes and the global pharmaceutical value chain, including global pharmaceutical companies and philanthropic organisations.</para></quote>
<quote><para class="block">Recommendation 26: The Committee recommends that the Australian Government in conjunction with the Northern Australia Strategic Partnership, design and implement a 20 year strategy for the staged development of capital infrastructure in northern Australia, including:</para></quote>
<list>the upgrade of major arterial roads with a view to provide year round access to most areas in Australia ' s north;</list>
<list>increasing the capacity of ports and airports to facilitate an increase in volumes of traffic and trade; and</list>
<list>the development of water infrastructure to cater for urban and industrial development, particularly in agriculture and the resources sector.</list>
<quote><para class="block">Response to recommendations 26 and 27:</para></quote>
<quote><para class="block">Agreed in part — in the White Paper the Australian Government committed to delivering better analysis, planning and prioritisation of infrastructure to inform decision making and provide greater certainty to investors (pp.86-101); and to work with jurisdictions to develop an infrastructure pipeline for the north (pp.92-93).</para></quote>
<quote><para class="block">The Australian Government has made available key freight route maps identifying nationally significant places for freight, including key container and commodity ports, and the routes that connect them. This ensures strategic planning, operational and investment decisions relating to the Australian freight network can be better informed.</para></quote>
<quote><para class="block">The Australian Government has also committed to measures to better use existing infrastructure (pp.93-95). The Australian Government is working with industry experts to develop a plan for improving aviation and surface transport connections in northern Australia (pp.98-100). In 2017, the Australian Government is providing $10.4 million for 25 aerodrome projects across northern Australia under round 4 of the Remote Airstrips Upgrade Programme with works now underway.</para></quote>
<quote><para class="block">The Australian Government engaged CSIRO to create the Transport Network Strategic Investment Tool (TraNSIT) logistics model that is used to assess the absolute and relative benefit of investment in infrastructure such as rail, roads and ports. TraNSIT is widely used by Australian, state, territory and local governments, and businesses, to guide operation of and investment in northern Australia's infrastructure.</para></quote>
<quote><para class="block">The Australian Government also commissioned Infrastructure Australia's <inline font-style="italic">Northern Australia Audit, Infrastructure for a Developing North Report </inline>(p.85) which is informing the implementation of White Paper measures. These include the Northern Australia Roads and Beef Roads Programmes, the Northern Australia Infrastructure Facility, the northern component of the National Water Infrastructure Development Fund and the National Water Infrastructure Loan Facility which will support investment in capital infrastructure via concessional loans to state and territory governments. This funding will accelerate the construction of major water infrastructure projects such as dams, weirs, pipelines and managed aquifer recharge projects to provide affordable and secure water supplies to support the growth of regional economies and communities across Australia, including the north.</para></quote>
<quote><para class="block">Recommendation 27: The Committee recommends that the Australian Government identify key ports and commit to funding their upgrade, subject to relative benefit assessment by Infrastructure Australia. Projects to consider may include:</para></quote>
<list>Darwin;</list>
<list>Karumba; and</list>
<list>Wyndham.</list>
<quote><para class="block">Response: Noted - In addition to the response at recommendation 26, the Australian Government has interests in ports for national economic performance, international trade and interstate trade and commerce. The states and territories control planning for port precincts, adjacent land uses and in most cases the connecting transport systems.</para></quote>
<quote><para class="block">The Port of Townsville and the Port of Darwin are two examples of strategically positioned ports. For instance, in accordance with the <inline font-style="italic">Sustainable Ports Development Act 2015 (Ports Act) </inline>and the Reef 2050 Long-Term Sustainability Plan, the Port of Townsville was identified as a priority port given its proximity to the Great Barrier Reef World Heritage Area and its economic contribution ($10 billion in cargo moved through the port in 2015-2016). Noting also that the $5 billion Northern Australia Infrastructure Facility opened for business on 1 July 2016 and will offer up to $5 billion in concessional finance to encourage and complement private sector investment in infrastructure which can include ports.</para></quote>
<quote><para class="block">Recommendation 28: The Committee recommends that the Australian Government, in consultation with the cattle industry, investigate standover/transfer facilities to accommodate the movement of cattle across Australia.</para></quote>
<quote><para class="block">Response: Agreed in part — The Australian Government is committed to identifying, prioritising and investing in improvements to the northern cattle industry supply chain. The Australian Government undertook extensive consultation with key industry and government stakeholders in Rockhampton, Kununurra and Darwin to identify suitable projects under the $100 million Northern Australia Beef Roads Programme (pp. 95-96). In October 2016 the Australian Government announced 18 projects under the programme. Work is expected to commence on some of these projects in 2017. Further information is available at: http://investment.infrastructure.gov.au/funding/NABeef/</para></quote>
<quote><para class="block">index.aspx.</para></quote>
<quote><para class="block">As outlined in Recommendation 26, the Australian Government commissioned CSIRO to develop the TraNSIT logistics model that has been used to identify and prioritise investment in the northern cattle industry supply chain, based on the absolute and relative benefit of alternative infrastructure investments.</para></quote>
<quote><para class="block">Recommendation 29: The Committee recommends that the Australian Government in conjunction with the Northern Australia Strategic Partnership, design and implement a 20 year strategy for the staged development of horticulture and agriculture in Northern Australia, including:</para></quote>
<list>funding scientific studies on the available water and soil resources on a catchment scale, as well as the environmental implications of horticultural and agricultural developments in each catchment;</list>
<list>identifying infrastructure requirements for horticultural and agricultural development in each region; and</list>
<list>identifying regulatory impediments to horticultural and agricultural development and the best way to overcome these (e.g. land tenure issues and approvals processes).</list>
<quote><para class="block">Response: Agreed in principle — The Australian Government has committed to support analysis necessary for planning and investing in water infrastructure. This includes land-use suitability analysis of Ord Stage 3 (p.53), business case development for Nullinga Dam (p.53) and water resource assessments in the Mitchell River (Old), West Kimberley (WA) and Darwin region (NT) (p.44). The water resource assessments being undertaken by the CSIRO directly address all points in this recommendation. These catchments have been identified as the most prospective for agricultural development in northern Australia.</para></quote>
<quote><para class="block">The $100 million <inline font-style="italic">Exploring for the Future </inline>programme announced by the Australian Government in May 2016 includes funding for Geoscience Australia to undertake a thorough assessment of groundwater resources and an analysis of the salinity risk for potential agricultural areas in northern Australia and parts of South Australia.</para></quote>
<quote><para class="block">The Cooperative Research Centre (CRC) for Developing Northern Australia, headquartered in Townsville, will focus on agriculture, food and tropical health (pp.67-68).</para></quote>
<quote><para class="block">The 'single point of entry' Major Projects Approval Agency Darwin office provides information and facilitation services to investors navigating regulatory approval processes (pp.75-76).</para></quote>
<quote><para class="block">Austrade has delivered a web-based business guide to tenure in northern Australia. The guide is investor-focussed and provides a general introduction to systems of land tenure and native title in northern Australia (pp.32-33).</para></quote>
<quote><para class="block">The Australian Government also released the <inline font-style="italic">Agriculture Competitiveness White Paper </inline>in <inline font-style="italic">July </inline>2015 which complements many of the initiatives and measures under the Developing Northern Australia White Paper.</para></quote>
<quote><para class="block">Recommendation 30: The Committee recommends that the Australian Government facilitate the creation of a rural investment fund to provide opportunities for investors to participate in rural infrastructure development projects.</para></quote>
<quote><para class="block">Response: Noted — The Australian Government has three significant investment vehicles directly relevant for attracting investors to participate in rural and infrastructure developments.</para></quote>
<quote><para class="block">In the White Paper the Australian Government committed to establish the $5 billion Northern Australia Infrastructure Facility (NAIF). The NAIF opened for business on 1 July 2016 and will offer up to $5 billion in concessional finance to encourage and complement private sector investment in infrastructure (such as rail, water, energy, communications networks, ports and airports) that otherwise would not be built or would not be built for some time. This support for transformative economic infrastructure will be a significant step for the longer term expansion of the economy and population in northern Australia. Investment will be spread across the three northern jurisdictions (pp.86-87).</para></quote>
<quote><para class="block">The Australian Government has also committed to the northern component of the National Water Infrastructure Development Fund (pp.49) and the $2 billion National Water Infrastructure Loan Facility (NWILF) which will support investment in capital infrastructure via concessional loans to state and territory governments. This funding will accelerate the construction of major water infrastructure projects such as dams, weirs, pipelines and managed aquifer recharge projects. It will provide affordable and secure water supplies to support the growth of rural and regional economies and communities across Australia, including the north. In May 2017, the Australian Government announced a newly created Regional Investment Corporation will be established in Orange NSW in 2018 and will administer the $2 billion NWILF as well as the $2 billion farm business concessional loans from 2018-19.</para></quote>
<quote><para class="block">Recommendation 31: The Committee recommends that the Australian Government, as a matter of urgency, engage the Queensland and Western Australian Governments to improve power grids in northern Queensland and in the Pilbara respectively.</para></quote>
<quote><para class="block">Response: Noted — The Australian Government supports the efficient provision and use of energy infrastructure and recognises the private sector is best placed to respond to signals around the need for investment in this sector. The Australian Government works closely with both the Queensland and Western Australian Governments on energy matters. The State's participation in the National Electricity Market, primarily through the Council of Australian Governments (COAG) Energy Council, provides engagement to ensure consumers are able to secure reliable and adequate energy supplies at an efficient cost. The Australian Government notes that the Western Australian Government is also a member of the COAG Energy Council.</para></quote>
<quote><para class="block">Recommendation 32: The Committee recommends that the Australian Government promote the use of renewable energy sources as a solution to the remoteness and isolation from the grid of many homesteads and communities in northern Australia.</para></quote>
<quote><para class="block">Response: Agreed — The Australian Government is supporting the deployment of renewable energy systems in Australia through the Renewable Energy Target and a number of projects specifically supporting the use of renewable energy in off-grid and fringe-of-grid applications, including throughout northern Australia.</para></quote>
<quote><para class="block">The Australian Government notes the Senate Rural and Regional Affairs and Transport References Committee completed an inquiry into the role and contribution of regional capitals to Australia, with a final report tabled on 24 November 2016. This includes the Northern Territory Solar Energy Transformation Program, jointly funded by the Australian Renewable Energy Agency and the Northern Territory Power and Water Corporation. The program will integrate 10 megawatts of solar PV in up to 30 remote communities in the Northern Territory, including one site with energy storage technologies. This will create a platform for greater future use of solar in the Northern Territory. Financing is also available through the Australian Government's Clean Energy Finance Corporation to finance renewable energy solutions across northern Australia.</para></quote>
<quote><para class="block">Recommendation 33: The Committee recommends that the Australian Government, in conjunction with the Northern Australia Strategic Partnership, develop a strategy to promote liveability in Northern Australia using the ' hub-and- spoke ' model to deliver services and promote amenity in regional and remote communities, including in the areas of:</para></quote>
<list>health;</list>
<list>education;</list>
<list>social/community services;</list>
<list>sports; and</list>
<list>arts/culture.</list>
<quote><para class="block">Response: Agreed in principle — the Australian Government notes that while the 'hub and spoke' model of service delivery already exists for a range of government services, there is an opportunity for further refinement of those models to ensure that they are efficient and meet changing consumer needs.</para></quote>
<quote><para class="block">The Australian Government provides funding for Telehealth services which allows patients to consult with specialist medical practitioners using online video consultations.</para></quote>
<quote><para class="block">Across northern Australia, primary health networks (PHNs) have also been established with the key objectives of increasing the efficiency and effectiveness of medical services for patients, particularly those at risk of poor health outcomes and improving coordination of care. They have established strong partnerships with local providers to ensure collaboration throughout the region.</para></quote>
<quote><para class="block">The Australian Government is working with the states and territories which are responsible for delivering school education and ensuring access to quality education within their jurisdictions. This ensures that all students, regardless of where they live, have access to high quality education and the same educational opportunities as other students. Further funding is provided to reflect the additional cost of operating smaller schools and schools located in regional, rural and remote areas.</para></quote>
<quote><para class="block">The Australian Government has also commissioned an independent review into regional, rural and remote education to consider key issues, barriers and challenges. This review recommends innovative ways to support these students to succeed whilst at school and during their transition to further study, training and employment. The review will be completed by December 2017.</para></quote>
<quote><para class="block">The Australian Government promotes liveability in regional and remote communities by supporting access to, and participation in arts and cultural activities such as festivals, performances, exhibitions and community projects. Several funded Indigenous art and language centres currently provide an outreach service to multiple outlying communities, and this model is highly successful in some areas, especially in remote Western Australia.</para></quote>
<quote><para class="block">The Australian Government notes the Senate Rural and Regional Affairs and Transport References Committee completed an inquiry into the role and contribution of regional capitals to Australia, with a final report tabled on 24 November 2016.</para></quote>
<quote><para class="block">The Australian Government, Queensland Government and Townsville City Council signed Australia's first City Deal for Townsville on 9 December 2016. The Townsville City Deal is a 15 year commitment between the three levels of government. They will focus on improving the lives of Townsville residents through job creation, economic growth, investment in local infrastructure, a revitalised urban centre, and a more vibrant and liveable city. The Commonwealth and Northern Territory governments have entered into an agreement to work together to create a City Deal for Darwin. The two governments have signed a Memorandum of Understanding, as a step towards a future City Deal for Darwin that will drive investment, jobs and make life better for communities in the region.</para></quote>
<quote><para class="block">Recommendation 34: The Committee recommends that the Australian Government, in conjunction with State and Territory Governments, work to normalise the local government arrangements in mining communities, such as Weipa and Nhulunbuy, to allow these communities to pursue development opportunities free from the control of mining companies. Strategies need to be developed to complete the normalisation process in a number of Pilbara towns where mining companies ' retention of monopoly ownership of utilities and land is hampering growth and economic diversification.</para></quote>
<quote><para class="block">Response: Noted — states and territories are responsible for local government arrangements.</para></quote>
<quote><para class="block">Recommendation 35: The Committee recommends that the Australian Government facilitate the development of the aquaculture industry in Northern Australia by improving the regulatory framework.</para></quote>
<quote><para class="block">Response: Agreed — The Australian Government requested the Productivity Commission to conduct an inquiry into the Regulation of Australian Marine Fisheries and Aquaculture Sectors to identify further opportunities to improve regulation for the aquaculture sector (p.82). The Productivity Commission publically released itsinquiry on 23 May 2017. The Government released its response to the PC report on 23 May 2017 and will continue to work with jurisdictions to develop a collaborative cross-jurisdictional strategy for progressing relevant recommendations. The government continues to progress initiatives to cut red tape for fisheries arising from the White Paper on Developing Northern Australia. These include: moving to single jurisdiction management of northern fisheries; devolving aquaculture management to the states and territories; sharing licensing and compliance services; and extending export approvals to 10 years for low risk fisheries.</para></quote>
<quote><para class="block">Further, the Australian Government is pleased to note the Joint Select Committee on Northern Australia has undertaken an inquiry into opportunities for expanding the aquaculture industry in northern Australia. The Joint Senate Select Committee on Northern Australia report 'Scaling up: Inquiry into opportunities for expanding aquaculture in Northern Australia' was released in February 2016. The Australian Government tabled a response in June 2017 noting that research, revision of existing legislation and provision of financial and technical support were already underway. Potential aquaculture activities in Commonwealth marine reserves are considered when consistent with reserve zoning, management prescriptions and the acceptability of impacts on reserve values. The Australian Government is keen to support further exploration of opportunities for development in Northern Australia, which ensure the waters and land of Northern Australia remain healthy, abundant with native species and a resource for generations to come.</para></quote>
<quote><para class="block">Recommendation 36: The Committee recommends that the Australian Government review fisheries laws to harmonise regulations between jurisdictions, promote the sustainable development of existing commercial, recreational and sporting fisheries and the creation of new fisheries, and provide a secure long-term future for the fishing industry in northern Australia.</para></quote>
<quote><para class="block">Response: Agreed — Discussions on low risk fisheries suitable for long-term (up to 10 year) export approvals have been held with all Commonwealth state and territory fisheries management agencies. These export approvals will be granted as part of the Department of Environment and Energy's business as usual practices. The Australian Government is committed to harmonising regulations between the Commonwealth and northern jurisdictions.</para></quote>
<quote><para class="block">Recommendation 37: The Committee recommends that the Australian Government explore reforms to the taxation system to better promote investment and development in northern Australia.</para></quote>
<quote><para class="block">Response: Agreed in part –As part of the 2016-17 Budget, the Australian Government announced its 10-year Enterprise Tax Plan. The Plan is currently before the Senate and it is the government's policy to legislate the company tax cuts under the Enterprise Tax Plan in full. Under the Plan, a company tax rate of 27.5 per cent will apply to businesses with annual turnover less than $10 million from the 2015-16 income year. For the 2016-17 income year, the Australian Taxation Office has put in place arrangements to ensure that all companies who qualify for the 27.5 per cent in 2016-17 are subject to that rate. The turnover threshold to qualify for the lower tax rate will then be progressively increased to cover all companies by 2023-24. From 2024-25, the corporate tax rate will be reduced in stages to reach 25 per cent in 2026-27. Treasury modelling estimates that a five percentage point cut in the company tax rate will increase business investment by up to 2.9 per cent in the long term and GDP by over 1 per cent. This impact will be felt across Australia, including northern Australia.</para></quote>
<quote><para class="block">Recommendation 38: The Committee recommends that the Australian Government investigate the equity of the current application of the Zone Tax Offset arrangements so that:</para></quote>
<list>the Zones reflect the current distribution of population and rebates are increased to reflect the current cost of living in regional and remote areas; and</list>
<list>the Zone Tax Offset applies only to persons whose principal place of residence is within a zone.</list>
<quote><para class="block">Response: Agreed in part — The Australian Government has made changes to better target the Zone Tax Offset. Eligibility for the Zone Tax Offset has changed to exclude 'fly-in fly-out' and 'drive-in drive-out' workers from claiming the Zone Tax Offset where their normal residence is not within a 'zone' from the 2015-16 incomeyear. This better targets the Zone Tax Offset to taxpayers who genuinely live within the zones.</para></quote>
<quote><para class="block">Recommendation 39: The Committee recommends that the Australian Government review the taxation treatment of FIFO work arrangements to ensure that they are consistent with the goal of promoting the development of regional and remote communities in northern Australia, including:</para></quote>
<list>implementing Recommendations 12 <inline font-style="italic">and </inline> 13 of the House of Representatives Standing Committee on Regional Australia report Cancer of the Bush or Salvation for Our Cities? relating to changes to the <inline font-style="italic">Fringe Benefits Tax Assessment Act 1986; </inline> and</list>
<quote><para class="block">Response: Noted — Reforming the Fringe Benefits Tax regime requires careful consideration of how best to achieve a range of objectives, including promoting efficiency while maintaining equity and integrity within a fiscally constrained environment. The Australian Government will consider this recommendation as part of its ongoing work programme of making improvements to the tax system.</para></quote>
<list>reviewing the taxation laws to encourage the construction of permanent dwellings rather than temporary work camps by:</list>
<quote><para class="block">capital depreciation for residential housing developed by mining companies on the same basis as transient worker accommodation; and</para></quote>
<quote><para class="block">the exclusion of transient worker accommodation from within a sixty kilometre radius of existing settlements.</para></quote>
<quote><para class="block">Response: Not agreed — The tax treatment of employer provided temporary housing and residential rental housing is consistent with principles which underpin the rules for depreciating capital assets (that is, an asset is generallyallowed to be depreciated over its useful life, with temporary housing typically having a shorter life).</para></quote>
<quote><para class="block">Recommendation 40: The Committee recommends that the Australian Government pursue, through the Northern Australia Strategic Partnership, the harmonisation and simplification of land tenure arrangements in the jurisdictions across northern Australia. The Committee acknowledges the unique nature of the statutory inalienable freehold title under the <inline font-style="italic">Aboriginal Land Rights (Northern Territory) Act </inline> 1976 and that it is particular to the Northern Territory. The Committee also acknowledges the limited range of rights in land that are derived from the <inline font-style="italic">Native Title Act 1993. </inline> The Committee recommends that governments and business work constructively with Aboriginal and Torres Strait Islander people and organisations such as land councils and native title representative bodies or prescribed bodies corporate to maximise the economic development and employment opportunities on Aboriginal land and/or land over which there is native title.</para></quote>
<quote><para class="block">Response: Agreed in principle — The Australian Government is committed to working with Indigenous land owners and native title holders to support them to be able to leverage their rights in land to pursue economic development.</para></quote>
<quote><para class="block">In the White Paper the Australian Government committed to a range of initiatives in support of this, including:</para></quote>
<quote><para class="block">investing in stronger native title corporations to help them meet their aspirations and engage in the mainstream economy ($20.4 million) (pp.23-24);</para></quote>
<quote><para class="block">investing in planning and infrastructure that is needed to improve land administration and support more certain long term tenure arrangements ($17 million) (pp.28-29);</para></quote>
<quote><para class="block">supporting pilot land reform projects ($10.6 million) (pp.18-19);</para></quote>
<quote><para class="block">supporting the efficient resolution of native title claims and efficient native title processes (pp.22-23); and</para></quote>
<quote><para class="block">reinforcing the importance of native title in our economy (pp.19-21; p.25).</para></quote>
<quote><para class="block">Funding has been provided to assist native title holding corporations to generate economic benefit through the effective and sustainable management of their land. In 2016 and 2017, funding of $2.5 million was agreed for 11 projects to date. The Australian Government is supporting eight land tenure reform pilot projects that broaden economic activity on land in the north and demonstrate the benefits of more diverse activity to business, Indigenous communities and other stakeholders. Funding arrangements for these pilots is in place and implementation is underway. The Australian Government is considering additional pilots.</para></quote>
<quote><para class="block">A number of communities in the Northern Territory have negotiated township leases in 2017 and are seeing the real-time benefits of economic activity—Mutijulu in Central Australia, Pirlangimpi on the Tiwi Islands and the Binjari housing lease near Katherine. Work continues on the Gunyangara lease in northeast Arnhem Land, at Jabiru in Kakadu National Park and at Yarralin in the Victoria Daly region.</para></quote>
<quote><para class="block">Further actions for reforming land tenure arrangements are being pursued through the Council of Australian Governments (COAG). On 11 December 2015, COAG agreed to implement the recommendations of the <inline font-style="italic">Report of the Investigation into Indigenous Land Administration and Use.</inline></para></quote>
<quote><para class="block">In cooperation with state governments, Austrade has developed a guide for investors to explain land tenure arrangements in northern Australia, including an interactive map to show tenure and native</para></quote>
<quote><para class="block">titles applying in any one geographical location in the north. Austrade will continue to develop this guide and will highlight case studies for investors to demonstrate the processes for engaging with traditional owners.</para></quote>
<quote><para class="block">Austrade appointed in September 2016 a senior manager for northern Australia Delivery (with a cross jurisdictional responsibility to support investment opportunities in Queensland, Northern Territory and Western Australia) to further support the promotion of investment opportunities in the north.</para></quote>
<quote><para class="block">Recommendation 41: The Committee recommends that the Australian Government review the cost and administration of customs, quarantine and immigration services to provide the most cost-effective way of delivering those services, including:</para></quote>
<list>providing customs, quarantine and immigration services at selected regional airports;</list>
<list>reducing visa charges for overseas visitors to encourage inbound tourism; and</list>
<list>reducing the passenger movement charge to reflect the actual cost of providing customs, quarantine and immigration services.</list>
<quote><para class="block">Response: : Agreed in part — On 1 July 2015, the functions of the Department of Immigration and Border Protection and the Australian Customs and Border Protection Service were integrated into a new department. The integration of complementary customs, immigration and border protection functions and capabilities provide greater opportunities for a shared approach to service delivery.</para></quote>
<quote><para class="block">The Australian Government has announced the provision of border control services to facilitate international flights to and from Townsville airport, noting that airports commencing international flights may have an increased transport security obligation requiring a review of their Transport Security Program. International flights to and from Townsville commenced in September 2015.</para></quote>
<quote><para class="block">The Australian Government also announced a number of changes to border fees, charges and taxes as part of the 2015-16 Commonwealth Budget, including simplifying arrangements around import processing charges, changes to licensing arrangements, and the harmonisation of Visa Application Charges.</para></quote>
<quote><para class="block">Recommendation 42: The Committee recommends that the Australian Government pursue, through the Northern Australia Strategic Partnership, the harmonisation of governance and regulation in the jurisdictions across northern Australia, including in the areas of, but not exclusive to:</para></quote>
<list>environmental management;</list>
<list>provision of health services and health industry qualifications;</list>
<list>transport regulations, especially those dealing with heavy vehicle capacity and driver fatigue;</list>
<list>water management; and</list>
<list>Aboriginal and Torres Strait Islander affairs.</list>
<quote><para class="block">Response: Agreed in principle — The Australian Government remains committed to removing red tape where appropriate.</para></quote>
<quote><para class="block">The Australian Government is continuing to work with state and territory governments to reduce unnecessary regulation for environmental approvals of nationally protected matters whilst maintaining high environmental standards. The 'single point of entry' Major Projects Approval</para></quote>
<quote><para class="block">Agency (now Major Projects Facilitation Agency) Darwin office provides information and facilitation services to investors navigating regulatory approval processes (pp.75-76).</para></quote>
<quote><para class="block">Through the National Heavy Vehicle Regulator, the Australian Government is working with jurisdictions in northern Australia to implement targeted and flexible regulatory regimes that facilitate greater use of higher productivity vehicles, whilst delivering better safety outcomes. The Australian Government will also work with jurisdictions in the north to cut red tape associated with cattle supply chains (p.96).</para></quote>
<quote><para class="block">The Australian Government's commitment to water resource assessments will support more certainty over water management in the north (pp.47-48).</para></quote>
<quote><para class="block">The Australian Government is committed to working with Indigenous groups, business and communities to find new ways of using land in the north to promote economic opportunities for all (pp.26-34). The Australian Government will also consult on a more efficient approach to cultural heritage regulation including an option for Commonwealth accreditation of best practice state/territory Indigenous heritage protection regimes (p.79).</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:29</time.stamp>
    <name role="metadata">Senator POLLEY</name>
    <name.id>e5x</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>In respect of the government's repsonse to the Community Affairs Reference Committee's report, <inline font-style="italic">Care and management of younger and older Australians living with dementia and behaviour and psychiatric symptoms of dementia (BPSD)</inline>. I note that the government has taken more than 3½ years to respond to the 18 recommendations, with the report from this inquiry being tabled back on 26 March 2014. It's refreshing to finally get a report that the government has responded to, given that there are now more than 10 aged-care reports, reviews and strategies on the minister's table at this very moment. But, when you look at the government's response, none of the 18 recommendations are fully supported by those opposite—11 recommendations are noted, one recommendation is not supported at all and six recommendations are supported but only in principle. This is an interesting government response to this report.</para>
<para>In 2017 there were an estimated 365,100 people in Australia living with dementia. This is expected to increase to almost 900,000 by 2050. Labor, on the other hand, has been proactive on this important issue. On 21 November this year the Leader of the Opposition, Bill Shorten, spoke at the University of Sydney about the challenge of dementia. Labor knows that this is an urgent issue. A recent NATSEM report estimated that dementia costs Australia over $14 billion a year. The same report found that even a five per cent reduction in the number of people with dementia over the age of 65 could lead to savings of $120.4 billion in less than 40 years. One in three Australians born today will eventually be diagnosed with dementia. This year, for the first time, dementia is now the leading cause of death for Australian women. Within the next five years it will be the leading cause of death for all Australians. With statistics like these, we urge the government to do more when it comes to Australians living with dementia.</para>
<para>The government now has a responsibility to provide quality services for older Australians and this includes people living with dementia and their families and carers. This report is another example of the government abrogating its responsibility when it comes to the aged-care portfolio. Given this government cannot fully support one recommendation in this report, is it really an indication that those opposite again will not act when it comes to caring for those Australians living with dementia?</para>
</speech>
<speech>
  <talker>
    <time.stamp>16:32</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I take note of the government's response to the <inline font-style="italic">Care and management of younger and older Australians living with dementia and behavioural and psychiatric symptoms of dementia (BPSD)</inline>report. Senator Polley has just articulated that this report was tabled on 26 March 2014. This was a very significant and very important report because we found that people were being poorly treated, that people with complex behavioural issues and psychiatric issues associated with dementia were living with restraints, both physical and chemical, that they were in poorly designed facilities that did not accommodate them and that there were poorly trained staff who did not meet their needs. It was a very distressing, unsatisfactory situation.</para>
<para>I chaired this inquiry. For a while after we tabled this report some aged-care providers actually rang me and said: 'How can we fix this? What can we do? Where would you suggest we go to get some help?' There are places where people can get support for addressing issues around dementia, particularly for people who are living in residential care, but it requires training, for a start. We actually visited the excellent training facility in Melbourne of Dementia Australia—it's not Alzheimer's Australia anymore. They took the senators on that site visit through as near a lived experience as you could get. They use technology that gives you a feeling of a cognitive impairment so that a carer, a paid staff member or a loved one can gain a sense of what somebody with dementia is living with when they have a cognitive impairment. You can't pretend that it's anywhere near what somebody with dementia would feel, but it at least gives an understanding of certain behaviours. How, in 2017, could we have circumstances where people living with dementia are living in care and in a situation where somebody has not been through at least that training? That's what we still have in 2017, 3½ years later. It is simply not good enough. It is simply not good enough that we have not moved far enough along with training and support to address people's needs.</para>
<para>Senator Polley, I'm wondering how long you think it's going to take before we get a response to the inquiry into the aged-care workforce. Senator Polley's just indicated that she thinks it's going to be a while. We have seen the government's announcement of the aged-care taskforce, which is a step. It doesn't have worker representation, but it's a step. An aged-care workforce that looks after and supports somebody with a cognitive impairment or somebody with dementia requires particular training. The inquiry into the aged-care workforce also highlighted the absolute flaws in the training, supports and preparation of the aged-care workforce. It shows just how understaffed our aged-care services and supports are going to be into the future. So I certainly hope that the government responds in a more fulsome way and in a much quicker way to a workforce inquiry to ensure that we have a workforce that is trained to support people living with dementia, that we have residences that meet the needs of people living with dementia and that we address issues around both chemical and physical restraints.</para>
<para>During this inquiry, we also visited a number of excellent care facilities where they are providing—at no extra cost, folks, because they have to live within the means of the ACFI payments—a caring environment where they have almost eliminated the use of chemical restraints and do not use physical restraints. People are cared for in a non-clinical environment where they have access to the outdoors, access to chickens and caring for animals, access to sensory gardens and access to a workshop. There's no nursing station. This is within an aged-care facility—there's no nursing station. The nurses don't wear uniforms.</para>
<para>Some of the residents there are ex-nurses and they go around and make everybody's beds every day, because in the past, before they adopted the new techniques, they had had problems with people going into other people's rooms. Then they very intelligently worked out that the residents were ex-nurses and they wanted to tidy up people's rooms and make their beds. So that's what they do every day. Other residents with past experience arrange flowers.</para>
<para>That was the only aged-care facility where, when we had our hearing, we didn't have the relatives of the people in care, who were their former carers, complaining. They were glowing in the experiences of their loved ones in aged care. So it is doable. There is no excuse for these facilities not providing the sort of care that we would expect to receive if we were in those facilities or that we would expect our loved ones would receive in those facilities.</para>
<para>I'm extremely disappointed that it has taken so long to respond to this report. Many of the recommendations, as Senator Polley has just articulated, are supported in principle. The report said:</para>
<quote><para class="block">The committee recommends that the use of antipsychotic medication should be reviewed by the prescribing doctor after the first three months to assess the ongoing need.</para></quote>
<para>That was supported in principle, but then the government go on to talk about what they've been doing et cetera and don't actually support this fully or make sure it's implemented. It's just one example of the fact that we aren't seeing a strong enough response from the government to address this very significant issue, which, as was highlighted just a moment earlier by Senator Polley, is only going to grow. If we don't nail this issue now and make sure that we have a workforce that is properly trained to understand the complex needs and the complex behaviours of people living with dementia, this situation is only going to get worse.</para>
<para>We need to address the issues about restrictive practices, about the overuse of antipsychotic drugs and the overuse of restraints—the similar situation to what we've reported before on restrictive practices being applied to people living with disability. We have people with disability—particularly those living in residential institutions—who have also been subject to both physical and chemical restraints. If we don't start taking this issue seriously, we are going to have a very serious problem into the future. It's hugely disappointing that this wasn't addressed much earlier and that our recommendations weren't supported. We will continue to review very closely what the government does do about these recommendations. I seek leave to continue my remarks.</para>
<para>Leave granted; debate adjourned.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Membership</title>
          <page.no>86</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:42</time.stamp>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>e68</name.id>
    <electorate></electorate>
  </talker>
  <para>The President has received letters requesting changes in the membership of committees.</para>
</speech>
<speech>
  <talker>
    <time.stamp>16:42</time.stamp>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That senators be discharged from and appointed to committees as follows:</para></quote>
<quote><para class="block">Education and Employment Legislation Committee—</para></quote>
<quote><para class="block">Discharged—</para></quote>
<quote><para class="block">Senator Ketter</para></quote>
<quote><para class="block">Participating member: Senator O'Neill</para></quote>
<quote><para class="block">Appointed—</para></quote>
<quote><para class="block">Senator O'Neill</para></quote>
<quote><para class="block">Participating member: Senator Ketter</para></quote>
<quote><para class="block">Education and Employment References Committee—</para></quote>
<quote><para class="block">Discharged—</para></quote>
<quote><para class="block">Senator Collins</para></quote>
<quote><para class="block">Participating member: Senator O'Neill</para></quote>
<quote><para class="block">Appointed—</para></quote>
<quote><para class="block">Senator O'Neill</para></quote>
<quote><para class="block">Participating member: Senator Collins</para></quote>
<quote><para class="block">Selection of Bills—Standing Committee—</para></quote>
<quote><para class="block">Discharged—Senator Dastyari</para></quote>
<quote><para class="block">Appointed—Senator Ketter</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>REGULATIONS AND DETERMINATIONS</title>
        <page.no>87</page.no>
        <type>REGULATIONS AND DETERMINATIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017</title>
          <page.no>87</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Disallowance</title>
            <page.no>87</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:43</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I move:</para>
<para>That the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017, made under the Migration Act 1958 , be disallowed [F2017L01425].</para>
<para>This regulation which we are seeking to disallow would provide the Minister for Immigration and Border Protection with sweeping new powers on top of what the Australian Greens already consider to be a far too broad range of powers, which have been exercised continually in an unreasonable way by the minister.</para>
<para>The changes that the minister is proposing to make, in broad terms, would allow the immigration department to detain people, potentially indefinitely, on the basis of criminal conduct that has not been proven or even tried, on the basis of behaviour that's considered by the department to have endangered or threatened another person extending, potentially, to bullying and online vilification, and because of inconsistencies in people's names on identity documents issued by any Commonwealth, state or territory government authority or official, or failures to update any name changes in those documents.</para>
<para>It's really important to note here that the conduct or behaviour that I've just referred to, and that the minister is seeking to act upon by detaining people who are on temporary visas, would not need to be assessed by a court, and therefore they would not be subject to the safeguards of Australia's criminal justice system. Indeed, the behaviour does not even need to be criminal and captures a very broad range of offences which would occur every day in every state and territory in our country, such as minor traffic offences. Potentially, people who have different names on their Medicare card and drivers licence could find themselves triggering the cancellation of a visa if these regulations go through, which would lead to detention and, in the case of refugees, potentially indefinite detention.</para>
<para>I acknowledge, and the Australian Greens acknowledge, that these changes would not immediately affect people on TPVs, temporary protection visas, but they would affect people if they renew their temporary protection visa after these regulations pass through the parliament—if, in fact, they do. It's important to note that the people we are discussing here are prevented by our current laws from ever becoming permanent residents in Australia, and they already suffer enormously because of their insecure state. We also acknowledge that this instrument will not immediately affect people on bridging visas. But it's important to note that bridging visas often have very limited time periods and will expire and potentially be renewed, in which case the proposed changes would start affecting people soon.</para>
<para>Of course, the human consequence of what the minister is proposing to do in the instrument that we are seeking to disallow today is that people who are already highly vulnerable for a range of reasons will have to live in fear that some day—maybe even decades into the future—they could be detained because somebody else has simply made an allegation that they have harassed or vilified them. While these changes do not apply to temporary protection visas that have already been granted, once the TPVs start being renewed—and there is currently a large tranche of people who will have their TPVs renewed starting shortly—it will also affect people once they have their visas renewed.</para>
<para>The idea that someone on a temporary visa should not engage in criminal conduct, should not endanger or threaten any individual and should use the same name for all government dealings, on the face of it, may not seem inappropriate, but it is actually the way that these measures will be implemented—and this will be implemented by the department, by departmental officers, at an unknown level—that is of significant concern to the Australian Greens.</para>
<para>Firstly, I go to the issue around names. Again, on the face of it, it's not unreasonable for somebody to have the same name on all of their documents. However, it's important to note that many people come here fleeing persecution and stretch out a hand to Australia for help. There are those who are lucky enough to still be here—because, of course, there are still many hundreds of people on Manus Island and Nauru who, shockingly, have been detained for nearly five years now in Australia's offshore detention system. For those people who are in Australia, it doesn't seem unreasonable to expect that they would have the identical name on all of their documents. But many of them come from countries where their names are required to be translated—sometimes from other languages that don't actually use the same alphabet as ours, such as Arabic—and it is at times almost an inevitability that letters or sounds will be lost in translation or translated differently by different people. So you have a situation where simply having a slightly differently spelled name—on, for example, your driver's licence and your Medicare card—could lead to you ending up in Australia's onshore detention system. These rules, in the view of the Greens, exacerbate the inadequacies of current laws concerning how we determine a person's legal identity. One of the real pitfalls, which I don't believe the minister has thought through here, is that these rules will increase the potential for false findings that migrants have intentionally misled or sought to defraud.</para>
<para>On the behaviour conditions—that is, the conditions that relate to a requirement not to engage in criminal conduct and a requirement not to endanger or threaten any individual—it's important to note that you won't even have to be charged with these offences for the minister to throw you into Australia's onshore detention system. You won't need to be charged with a criminal offence, much less convicted in a court. The freedom and the liberty of the people we are discussing here will turn on how an immigration department official interprets what are inherently vague concepts like 'endangering', 'threatening' and 'disrupting' either other people or the community.</para>
<para>Our legal system has a set of checks and balances built into it. They are designed to make sure that people get access to a fair trial and a fair hearing, and that a range of rights that we often take for granted in this country are not trampled through our legal system or our administrative law system. This seeks to move matters that are caught by these regulations out of those systems with those safeguards and into the hands of an immigration department official. And, as I said, you won't even need to be charged with an offence to find yourself locked up and potentially, in some cases, indefinitely locked up, depending on the circumstances of the individuals who fall foul of these draconian new provisions that the minister is seeking to make. The changes would also bar people whose temporary visas have been cancelled on behaviour related grounds from applying for a bridging visa, and they would also bar people from applying for a resident return visa where their permanent visa has been or is being considered for cancellation.</para>
<para>So what we've got here is a minister, in Minister Dutton, who has shown horrendous disregard for human rights and horrendous disregard for the rule of law—a man who was happy to order the withdrawal of drinking water, food, electricity and medicine from over 600 people on Manus Island who have already, in most cases, been indefinitely detained for nearly five years—and, for a large part of that time, illegally detained on Manus Island, according to the Papua New Guinea Supreme Court. Mr Dutton's track record on fairness can be described in no other way than as an abject failure. He is a serial trampler of human rights. He has shown repeatedly in the past that he has no respect for the rule of law and no respect for decisions that our country's administrative law system makes and, in fact, our judicial system makes. He cannot be trusted with these draconian, sweeping powers that he is seeking to grant himself with this instrument. It is strongly and stridently opposed by the Australian Greens.</para>
<para>When you take what the minister is doing as a whole, when you think about the fact that you won't need to be charged to be thrown into detention in Australia by Minister Dutton, when you think about the fact that you are dealing here with a cohort of people, many of whom will already be in an incredibly vulnerable state due to their life circumstances and their journeys to arrive in Australia, to allow someone like this immigration minister—or, in fact, any immigration minister—to have such unfettered control over their lives and to have such draconian capacity to deny them of their rights, their liberties and their freedoms, we have to ask ourselves: on what basis do we seek to allow this instrument to be made? It's the view of the Australian Greens that we ought not to allow this instrument to be made. Of course, that's why we have moved the disallowance motion that we are speaking about this evening.</para>
<para>It's ironic, isn't it, that at times the immigration department has, itself, incorrectly entered somebody's name onto their paperwork. There are demonstrated circumstances and proven circumstances where this has occurred. So you've got a situation where the department of immigration may itself make an error which entraps an innocent person who has done nothing wrong into a regime that the minister and the government are proposing to create, and this will allow the minister to throw someone into Australia's onshore detention system. This absolutely beggars belief. It is overreach in the extreme for this minister, with such an abject track record on human rights and respecting the rule of law, to come into this place and seek to grant himself ever more draconian and sweeping powers. He has more front than a D9 bulldozer—this minister. The Australian Greens are not going to have a bar of it.</para>
<para>The inevitable consequence of this regulation passing—and we don't believe that it should, which is why we've moved this disallowance—will be miscarriages of justice. The inevitable consequence will be natural justice denied to some of the people in this country who need it the most—many of whom would have fled from a country where a fair and reasonable justice system is only, and can only ever be, a thing of dreams. They come to this country, where they have a right to expect the government to respect the rule of law and where they have a right to expect a fair and impartial justice system, and they find themselves, if this regulation is not disallowed, entering a country where they can simply be thrown into our onshore detention regime effectively on the whim of an officer of the Department of Immigration and Border Protection for something as minor as a traffic offence. I look around this chamber now and I wonder how many of us have ever been caught speeding. I'll put my hand up for that. And I reckon there would be a majority of others who'd put their hand up, too. Do we seriously want people thrown into Australia's onshore detention system because they drove a car six kilometres an hour over the limit?</para>
<para>What sort of country are we becoming, where we would even countenance such draconian and sweeping powers for a minister who has repeatedly shown that he cannot be entrusted to wield the powers that he already has in a fair and impartial manner? The answer, of course, is: we shouldn't be creating these new draconian, sweeping powers for this minister, or any other. I seek leave to continue my remarks later.</para>
<para>Leave granted; debate adjourned.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>FIRST SPEECH</title>
        <page.no>89</page.no>
        <type>FIRST SPEECH</type>
      </debateinfo><speech>
  <talker>
    <time.stamp>17:00</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>Pursuant to order, I now call Senator Bartlett to make his first speech and ask honourable senators that the usual courtesies be extended to him.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:00</time.stamp>
    <name role="metadata">Senator BARTLETT</name>
    <name.id>DT6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I'd like to begin by acknowledging the traditional owners of the land that this parliament is meeting on, the Ngunawal and Ngambri people, and also the traditional Aboriginal and Torres Strait Islander owners of the lands and waters across my home state of Queensland. I pay respects to their elders past, present and emerging. I recognise that sovereignty was never ceded and that there is still so much unfinished business that our country needs to address before we have truth, reconciliation and justice for the first peoples of this land.</para>
<para>The greatest failing of Australian parliaments and our political system has undoubtedly been, and continues to be, this inability to deliver justice, equality and proper recognition to the First Australians. Time and time again, Aboriginal and Torres Strait Islander people have been let down by broken promises, bad decisions and parliament collectively putting politics ahead of principle. We collectively have failed to fundamentally alter the systemic injustice which we all know continues to seriously impact so many Indigenous Australians. The key reason why is that we have never done enough listening or been willing to take direction directly from Aboriginal and Torres Strait Islander people themselves. Surely, after well over 100 years of this federal parliament thinking we know best and continually stuffing it up so comprehensively, it is well past time for Aboriginal and Torres Strait Islander people to have a direct say and have the power to have free, prior and informed consent over decisions, programs and policies that affect them.</para>
<para>As some of you would know, this is not actually my first speech to this chamber. Indeed, a quick search of the parliamentary database, using the broadest definition of what constitutes a speech, suggests that this might be my 4,532nd speech in this place. I'm aiming for quality to go with the quantity, I assure you! I do try to use my comments and my role in this place more broadly to raise the views of those who are often ignored and disempowered by parliamentary and political processes. I believe politics works best when it empowers other people and communities to have a meaningful say in decisions which affect them, not when it just delivers power to a small number of people to do what they think is best for others or, more often, what they think is best for their donors and their mates.</para>
<para>I very much recognise that it is only due to a very unexpected twist of fate and the misfortune of another that I find myself back in the Senate. Whilst it is true that this is an unusual and unexpected circumstance that has caused me to be elected to this position, it is nowhere near as unusual, unlikely or unprecedented as the circumstance which caused me to be in this place the first time around, in 1997. For those of you who can't remember that long ago, that involved the leader of the party I was then in defecting without warning and joining the Labor Party. I can very much assure you that that is never going to be repeated!</para>
<para>Unlike that circumstance, my predecessor on this occasion, Larissa Waters, remains a committed and enthusiastic member of the Greens in Queensland, and it was a great pleasure to be able to doorknock and campaign alongside her regularly in the months leading up to the recent Queensland election. It is an honour to have the opportunity to build on the work Larissa has done over the last seven years, and I would like to acknowledge her both as a friend and for her achievements as the first Greens senator for Queensland.</para>
<para>This is a historic time for the Queensland Greens, something which has nothing to do with the fact that I'm giving my 4,000-and-somethingth speech. Rather it is because it is a day when, after more than 25 years of building and supporting movements aimed at substantial political change in Queensland, the party can say that we're on the verge of having our first person directly elected to the Queensland parliament.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order in the galleries!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BARTLETT</name>
    <name.id>DT6</name.id>
  </talker>
  <para>Save the applause for the person I'm about to acknowledge the presence of in the gallery today—although don't applaud, because it's unparliamentary!—Michael Berkman. It's great to have him here. He's very likely to soon be the new Greens member for the state electorate of Maiwar. This is a far more significant event for the Greens and for the movements of change that we represent and support than me giving another speech—I'm sure you all agree on that! I am also pleased to acknowledge the presence here of Amy McMahon, another candidate from that election, who gained a primary vote swing of well over 11 per cent in the seat of South Brisbane. Not here today but also very much deserving acknowledgment is Kirsten Lovejoy, who also gained a huge swing based on years of local campaigning and commitment in her own area, who came within a few per cent of winning the seat of McConnell.</para>
<para>Across the state, the Greens achieved the highest vote the party ever achieved—easily beating anything the Democrats ever did! This is a testament to the hundreds of dedicated volunteers—indeed thousands—and I'd like to acknowledge all of them here today, and also, most particularly, one of the founders of the Greens in Queensland, Drew Hutton, and Libby Connors, who worked with him for decades to build the party. Drew is unable to be here today, but I spoke with him just a couple of days ago. He was pleased enough that I was back in the Senate, but he was genuinely thrilled to hear about the likely breakthrough win in the state election. He deserves credit for the key part he played over so many years. We certainly had some very strong candidates, but it was also a campaign built around a huge number of volunteers connecting with the electorate at local level. Furthermore, it was also a campaign built upon a set of policies which unashamedly proposed to redistribute wealth to create a more equitable, fair society and that recognised a key role for government in directly addressing people's material needs and concerns.</para>
<para>The seat of Maiwar, which the Greens look to have won, is—or was—what is often described as a leafy green Liberal seat. The Greens campaign in that seat and also in surrounding areas overtly focused on making developers and corporations pay more, to pay their fair share; on delivering cheaper energy by putting all aspects of our electricity system back under government control, creating thousands of jobs by investing in renewable energy rather than expensive coal; on dramatically expanding spending on public housing in that leafy green electorate, also creating thousands of jobs; on significantly strengthening the rights of people who rent their home; on boosting spending on public transport and cycling infrastructure, rather than continually spending billions on more road space for cars; and on banning corporate donations and cash for access meetings for government ministers. The economically and environmentally unviable Adani mine was certainly also an issue with voters, but, having doorknocked many parts of the electorate myself over a number of months as well as repeatedly talking to many others who did the same, I can confidently say that this was as much about Adani symbolising corporate donors getting special treatment—a classic case of the interests of a foreign corporation being put ahead of the interests of the community and getting the go-ahead and all sorts of special treatment for a development which everybody knows is dodgy.</para>
<para>The Greens will continue to campaign at all levels—myself, here in the Senate, at local level and in the state parliament—on the need to tackle inequality. We hear a lot about inequality, and I've spoken a number of times already since I've been back here in all of those other speeches I've given that haven't been my first speech. But what does inequality look like? For Aboriginal and Torres Strait Islander people, it means dying sooner and being far more likely to be imprisoned. For women, it means being far more likely to be subjected to severe sexual harassment and assault. Each week, a woman in Australia is murdered by a partner or former partner. For young unemployed people who can't get an entry-level job, it means being forced into $4-per-hour internships. It means being drug tested—potentially losing your payments and potentially your home if you smoke a joint. It means trying to survive on payments that are below poverty levels. For young people lucky enough to have a job, it means a large amount of your wage going to pay off your landlord's investment property. It means, as a renter, you'll be treated as a second-class citizen, often unable to own a pet in most states and territories, to hang a picture or put roots down in a neighbourhood, because you have no long-term security in your lease on your home. If you're an older Australian, it means you could be going without food or electricity to pay the rent. Inequality means there are more empty units in Brisbane than there are people without homes. Like health care and education, housing is a right, not just a way for the property industry to make profits.</para>
<para>But people know that political parties and the corporate media take millions from the property industry each year, which means they have little interest in fixing the rigged system that leaves thousands of people struggling to find an affordable place to live while some property developers and wealthy investors deliberately keep homes vacant. Inequality means that you pay so much to your landlord or bank, and those wages that you use have grown by just 0.1 per cent since 2013.</para>
<para>All of these things are not caused by mysterious economic forces outside of politics; all of these things are a direct result of decisions made in this place and in parliaments and by governments around the country in each state and territory. It is the result of a broken political system, flush with corporate donations, that works only for the rich elite. I can confidently say that Queenslanders and, I'm sure, all Australians are sick of the corporate stranglehold on politics. They know that the slavish devotion to fundamentalist free market ideology has failed the majority while enriching the few. They know that the corporations, the banks, the shonky developers, the human rights abusers and those who are knowingly poisoning the planet for short-term profit all continue to get away with it because people that sit in places like this have rigged the system.</para>
<para>Far too often, parliaments operate to oppress the people they are supposed to represent and to help. After spending over 10 years in this parliament previously, followed by nearly 10 years working with many parts of the community outside of the parliament—and almost all of that time heavily involved in the organisational side of political parties—it's clear to me how readily the nature of parliamentary politics can act to co-opt people and, sometimes, whole organisations to operate in a way which defends the existing system, even when those people's or those organisations' intention was to radically change or alter the way that system operates.</para>
<para>People know that I was formerly a member and representative of the Australian Democrats party, which was represented in this parliament for just over 30 years. Indeed, this coming Sunday marks the 40th anniversary since the 1977 federal election, when the Democrats first had people elected to this parliament. While that party made some significant missteps, including of the sort I've just warned about, I will always be proud of what it achieved and the role it played in supporting and advancing many environmental, social and democratic causes. A sad aspect of its demise was the feeling that the selfless efforts of so many thousands of people had come to nothing. But I came to realise that parties should be just a conduit for collective movements of people outside of parliaments, and the efforts of those people and the legacy of that party and that political project and so many other movements of the past in the decades before live on in many ways. To some extent, I'm an embodiment of that, as are the many other people who continue to work for positive social, economic and environmental change as part of pursuing a significantly different approach, a far more participatory approach, to politics.</para>
<para>An organisation which seeks to bring about positive change will always be drawing on a range of social and political movements and building on the actions and achievements of those who have gone before, as well as learning from past failures. My experience with the Democrats obviously makes me very conscious of certain failures and very conscious that a political party or any other social organisation is not automatically guaranteed to survive, let alone thrive. It also reinforces the need for organisations to continually assess and reassess their goals, their purpose, their operations and the essential need to stay connected with the people, the movements and the grassroots that help create, sustain and move them into the future.</para>
<para>That's particularly relevant for those of us that have the great privilege of being elected to this place—to stay connected to all of those that helped bring us here. It's why I believe it's so important to try to ensure that the voices of the disadvantaged of those out in the wider community are heard directly. For those times when it's not possible for people to directly participate, it is important that we try to ensure they are not forgotten. That is why it is so important to give voice to the human suffering our political decision-makers deliberately inflict, such as on innocent refugees. It is why it is essential to continually draw attention to human rights abuses, wherever they happen in the world, particularly when our own government or our nation is complicit in enabling those abuses to occur.</para>
<para>Part of why I am very confident that the Greens can continue to build and genuinely transform politics in Queensland and around the country is that the party has such a strong foundation—and, genuinely, a much stronger foundation than the previous party I was involved in—and a much clearer idea of what it stands for and what it is seeking to achieve. As well as being significantly stronger in capacity and depth than even three years ago, in Queensland the Greens have a better recognition that the party winning seats in parliament is not an end in itself but rather a means to strengthen the movements in the community that are the real drivers of sustainable change.</para>
<para>When I look back on the time I have previously spent in this place, I certainly can identify plenty of mistakes and failures of my own—and others as well, if you want to know. One often does not get a second chance at some things, and there are certainly things I will do very differently this time around. Experience is not much use if you don't learn from it. On that note I would also like to touch briefly on a few experiences I've had since I was last in this place.</para>
<para>As part of the various ups and downs I've experienced since I left the Senate after the 2007 election, about five years ago I found myself needing to voluntarily admit myself to a psychiatric hospital in Brisbane. That, in itself, is no big deal. It's something I've written about publicly a few times since. Millions of Australians go through significant episodes of mental illness at some stage in their life. Awareness and acceptance of these things is far better than it was. But I'm also very fortunate to have had sufficient social support and resources to assist me through that time and the challenges following, and I'm very conscious that many other people are not so fortunate.</para>
<para>It is also often overlooked that issues such as poverty, domestic violence, unemployment and a lack of secure employment and housing are key factors in triggering or exacerbating mental illness and in preventing people from being able to effectively address it. We cannot sustainably improve mental health in the community unless we also improve and address inequality, reduce discrimination and ensure everyone has access to secure and affordable housing. Of course, ready access to skilled health workers of all descriptions is also essential, but equally essential and not always so easy to achieve, especially over the longer term, is finding ways to prevent and reduce social isolation and alienation.</para>
<para>To that end, I'd like to especially acknowledge the people I met during the month I was in that hospital and particularly the group of mostly younger people who I spent a year or so in group therapy with afterwards. You gave me a lot of insight I would never have otherwise had. It has been crucial in enabling me to keep going and to feel it was worthwhile staying committed to working on the things I believe in. I often think we would get a lot better insight listening to many of those people in psychiatric hospitals about their experiences and their views about how to make the world a better place than we would listening to some of the folks in here and in particular to some of the hordes of pundits, commentators and opinion-givers who feed off the political process whilst often contributing very little to it.</para>
<para>I also want to briefly mention the wonderful community radio station that I have been a part of for so long—4ZZZ FM. It's a place I spent a lot of time at, in the 1980s, before I got fully submerged in politics. I was fortunate to have had the chance to re-engage with it when I left the Senate 10 years ago. 4ZZZ is an amazing community and cultural institution in Brisbane that, for over 40 years, has helped spotlight many hugely talented, and some not so talented, local musicians and artists as well as generations of community activists and the issues they believe in.</para>
<para>While commercial media is struggling, I think community media has a great future. Indeed, with the loss of local focus that has occurred with commercial media and, to a lesser extent, with the ABC, community media is more important than ever. There are so many inspiring people who have contributed to 4ZZZ and, I know, to many community media stations or places around the country. I feel very honoured to have had the chance to serve as chair of the board there for the last couple of years. One of the disappointments of discovering that I was going to end up back in this place was that I had to wind back my involvement there—although some of the listeners in Brisbane might be rather relieved.</para>
<para>On one final personal matter: the best part of this role, as I'm sure all of us would agree, is how many fabulous people you get to meet as part of the job, so many of whom you would not otherwise get the honour of meeting and learning from. But by far the most wonderful person I've met in my life is one who has come to me and will always be part of my life, whether I have portentous titles like senator, more humbling descriptions like chronic depressive, closet goth or non-closet goth, or some of the other less flattering labels like alcoholic and plenty worse that the occasional Twitter troll likes to give me.</para>
<para>My wondrous daughter, Lillith, has lived through all that. She was born during the 2001 election campaign, and, for pretty much all of her life, she has missed out on having me around very much—which, perhaps, is the key reason why she's turned out to be so truly magnificent. So, after all I've put you through, it's such a thrill to have you with me today, sweetie. I even promise, the next time we hang out, I'll put my phone down and get off the internet when you tell me.</para>
<para>People have asked me how it feels to back in the Senate. I have to say that I find politics as conducted by mainstream politicians, and many in the mainstream media, to be nastier, stupider and with even less effort given by many to even pretend to care about whether their statements are true or not. The impact of policies on everyday people is repeatedly ignored, with immediate short-term political factors holding sway. Parliament needs to focus on empowering people, listening to people and adopting policies which deliver for all of the community, not for the interests of a corporate and moneyed elite which have controlled politics for so long. I would like not just to see more people speaking truth to power but also to have that power of the establishment dismantled and handed over to the community, for the good of all of us. It is time for a new style of politics that puts people back at the heart of decision-making and works for a future for all of us. I commit to working to that end, whether it be inside or outside the parliament, and supporting all those movements in the community which seek to do the same.</para>
</continue>
</speech>
</debate>
    <debate><debateinfo>
        <title>REGULATIONS AND DETERMINATIONS</title>
        <page.no>92</page.no>
        <type>REGULATIONS AND DETERMINATIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017</title>
          <page.no>92</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Disallowance</title>
            <page.no>92</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:22</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I was just expounding on the way that the current immigration minister has abused the broad-ranging powers that this parliament has, sadly, seen fit to already give him. Now he's in here again, in a massive overreach, asking for yet more powers. One of the powers that he is asking for in this instrument that we are seeking to disallow is a power around responding to a healthcare debt. You've got to remember, Mr President, that many of these people that we're discussing may have spent years in a detention system, or being persecuted in other countries, or living in Australia on insecure bridging visas or other temporary visas, including temporary protection visas. Once they get a modicum of stability in their life, they are going to be faced with these draconian new conditions that the minister is seeking to impose. That will underscore the already fragile nature of the temporary visa status and, as I said earlier, expose a person potentially to detention and incarceration at the discretion of an immigration department official.</para>
<para>With regard to health debts, in this instrument there is a new condition: that many temporary visa holders should not have an outstanding health debt. This exposes a range of already vulnerable people to the risk of their visas being cancelled and them being thrown into Australia's onshore detention system if they get sick and cannot afford health care. We are proposing to provide the minister for immigration with the powers to detain someone who has had the misfortune of being sick and not being able to pay for health care.</para>
<para>I look around Australia and I've visited onshore detention centres. I've been to Manus Island many times, where Australia is destroying its international reputation with the significant and serious harms that we are deliberately imposing on already vulnerable people. I ask myself, 'What sort of country are we becoming? And why don't I recognise the Australia I grew up in today?' Well, it's because of powers like this, it's because of regulations like this and it's because of ministers like Mr Dutton that I don't recognise the country I grew up in and it's why so many Australians don't recognise the country they grew up in.</para>
<para>This instrument should be disallowed by the Senate on the basis that it is overreach, on the basis that it is punitive and on the basis that it will impact disproportionately on some of the most vulnerable people in the country. I commend this disallowance motion to the Senate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:25</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Labor will be supporting this disallowance motion. I repeat that we are willing to work with the government to strengthen Australia's visa program if there are gaps, but any measures that are advanced must be appropriate, must be proportionate and must uphold the criminal justice system. This regulation, however, is disproportionate and is a denial of natural justice. It raises the prospect of temporary visa holders being detained and their visas cancelled even though they have not been found to have committed an offence. The regulation broadens the reasons for which a person may be detained or have their visa cancelled and be deported to include a public health debt, behaviour not necessarily subject to criminal sanction, and other behaviour not covered by section 501 of the Migration Act, which is the character test, such as driving offences. The regulation also prevents some temporary visa holders from applying for a bridging visa E. It changes the eligibility for resident return visas. The regulation seeks to substantially increase the waiting time for eligibility to reapply for a visa if a previous application was rejected under Public Interest Criterion 4020.</para>
<para>There's already a clear basis for deciding that a visa holder has forfeited their right to remain in Australia. The parliament has drawn the line and we say that should not be crossed. When a person fails a character test under section 501 of the act—that is, if someone fails a character test such as when they have a substantial criminal record, if they're found to not be of good character, if they've been given an adverse security assessment or if there's an Interpol notice from which it is reasonable to infer that the person is a risk to the Australian community—that is the basis upon which Labor has supported changes to the Immigration Act. Labor has offered its support to visa cancellations under section 501 if the person is serving a full-time custodial sentence or has been sentenced to 12 months or more of imprisonment or has been convicted of a sexually based crime involving a child. But, if the immigration minister reasonably suspects that a person does not pass the character test, he can use his existing powers to cancel a visa.</para>
<para>On these particular measures, Labor have not been consulted. If we had been, we would have pointed out that the regulation significantly expands the reason for cancelling visas and for deporting people. It sets the bar so low that the average Australian citizen could fail to pass the test. Of course, no-one in the Labor Party is suggesting that visa holders must do anything other than obey the law. But that's not what this regulation is about. It says that if you behave in any way contrary to the views of the minister or of some departmental official, you face being placed in immigration detention and having your visa cancelled.</para>
<para>New conditions under 8303 and 8564 are already applied in some visas, but they will now be applied to temporary visas, including temporary protection visas, and people who are on safe haven enterprise visas. While we say there is no place whatsoever for intentional fraud in Australia's visa program, the new public interest criterion 4020 penalises temporary visa holders who make a simple mistake on a form. They will be prevented from making another application for 10 years. This is simply unjust.</para>
<para>The new visa condition in 8304 requires temporary visa holders to use the same name in all their dealings with government departments. Of course, people should use their real names and their identities. But the new condition doesn't provide flexibility to allow for the different ways Medicare or Centrelink or the immigration department respond to cultural naming practices. These differences can create inconsistencies that are not the fault of the visa holder.</para>
<para>We accept that officers need to be able to act with discretion and with common sense, but community legal advocates and human rights advocates have repeatedly warned that, under this government, discretion is rarely applied when it comes to visa applications. In these circumstances alone, these broad measures should be treated with caution. The Refugee Council of Australia, refugee and advice casework services and the Federation of Ethnic Communities Councils of Australia have all raised concerns about these regulations.</para>
<para>In Australia, we ask temporary visa holders to live by the rules as they are written, but when you have rules that are written in such a broad and unclear manner then these propositions go much further than one could reasonably expect. These measures allow people to be detained and deported and for their visas to be cancelled, even though they have not committed an offence. I think this is particularly important in a country that actually prides itself on upholding the principles of the rule of law and the principles of natural justice. We should not allow this to happen.</para>
<para>Labor has confidence that, in the arrangements where the people who have been detained and deported under section 501, the cancellations have had the benefit of a fair hearing in the criminal justice system. This regulation, however, sends the message that the proper legal process need not count. This regulation sends that message that temporary visa holders do not have the protections of the safeguards that are provided by a proper rule of law. It creates a permanent class of temporary visa holders who are at all times extremely vulnerable. People are liable to be detained and deported even though they have committed no crime and have not been excluded on the character test.</para>
<para>The new visa condition 8303, which can be applied mandatorily to most temporary visas, would mean that a visa holder could have their visa cancelled and face deportation without ever having been accused, charged or convicted of a criminal offence. The regulation's explanatory memorandum makes it clear that the behaviour does not have to be unlawful; it simply only has to be unacceptable or disruptive.</para>
<para>We have a tradition in this country. A famous High Court judge said, 'It's not wrong to be an agitator.' Remember that famous expression? You might not like it, but we do not lock people up because they're unacceptable or because they're disruptive. We don't throw them out of the country on that basis, which is what these regulations would provide for. These are terms that are far too broad and far too undefined. In the hands of an authoritarian minister they could mean anything. You may well say that the current minister is not of that character—I would disagree with you, but you may well say that—but these are propositions that will stand the test of time, if they're accepted by this parliament, and that's the danger here.</para>
<para>The memorandum lists some examples of 'unacceptable behaviour', and there is potential for a wide range of activities to come under the label. There is no guidance. They might include broad categories of activities that could endanger an individual. They could be comments made online about individuals. Temporary visa holders could be detained and deported for making comments on Facebook about the Department of Immigration and Border Protection or if an officer doesn't like criticism. It suggests that the regulation is less about protecting Australians than it is about protecting the political authorities of this country. I'm sure that, if the department was to look on Facebook on any day of the week, there would be any number of Australians who would fail the tests that are set by these regulations.</para>
<para>We know that migrant workers in this country are exploited every day of the week. Despite the pious statements of the ministers in this government, we know how widespread the abuse of workers is in this country. We know how often it is that personal safety is at risk. We know, from evidence put before Senate inquiries, about the exploitation of temporary visa holders and we know of the serious and systematic shortcomings in the protections that are actually available at law. We know this government has done very little to change those circumstances.</para>
<para>These visa regulations make the situation even worse. They make people more vulnerable to detention and visa cancellation if they complain about those circumstances, because they are the sorts of circumstances that could be alleged as 'disruptive'. Stakeholder consultation about these regulations demonstrate that the definition of 'disruptive behaviour' could include a visa holder participating in union activity. How could that possibly be justified as grounds for deportation? These are measures the Labor Party cannot support. They are very badly drafted, they are very poorly considered and, as has already been indicated, they have all the hallmarks of vindictiveness. They demonstrate a government that has lost its way on these matters. These measures are not appropriate to be on the statute books of this nation.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:39</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>It was quite interesting to listen to Senator McKim's comments today, because the Greens are hell-bent on weakening Australia's immigration system. They have consistently tried to open our borders to anyone, and they don't care who they are or how that affects other Australians. We can see in the disallowance motion before us that the Greens want public health debts incurred on previous visits to Australia to be ignored when a new visa application is made. I see that right across our country we don't have enough money to open up hospital beds for our Australian people here. We aren't able to give them the dental health care that they need or the operations that they need. But don't worry about; we've gotta look after those who have been here previously with health debts incurred! We don't want to worry about that or to put any impost on these people!</para>
<para>Secondly, the Greens want to allow visas to be granted to people who lied—absolutely lied—to get a visa in the past. This weakens what is known as the public interest criterion 4020. So we are getting people coming to this country that cannot be truthful and we're supposed to overlook that. Then, thirdly, the Greens want to remove the condition that visa holders maintain a single identity in Australia. Well, I've heard a lot of drivel on the floor of parliament today with regard to, 'Oh, there might be an incorrect letter, or the spelling may be wrong.' What we're talking about are multiple names. How often do we hear through Centrelink, drivers licences, even getting your HR drivers licence or any certificate that people are rorting the system with multiple names? Why shouldn't we expect someone to have the right name? We have had migrants come into this country in a flood after the Second World War. They had names that were hard to pronounce, but they got through the system. They had to do it tough.</para>
<para>I wish the Labor Party and the Greens would actually see the vote that One Nation got in the last election in Queensland, because in a lot of the seats we pulled 25 to 30 per cent. Our average is about 21 to 22 per cent right across the state. That's a clear indication that they are not listening to what the Australian people want. I cannot really get my head around the fact that every time I hear the Greens in this chamber, all they are worried about is the people who have come to this country illegally, people who want to come to this country like the illegals that are on Manus Island. Manus Island has absolutely nothing to do with this. That's the detention centre. They were the illegals. We're talking about visa holders coming into Australia. It has nothing to do with Manus Island. In the time that I've been here, I have never heard—correct me if I'm wrong—the Greens stand up and fight for the farmers in this country, the people who are homeless on the street. You don't need to go very far. It actually happens here in Canberra on the streets at night, when I go back to my apartment after finishing a day here. Where's the fight for those people to find out whether they've got decent health care or housing? I never hear one word from them. I often wonder what the hell they're doing in this parliament, because it's not representing the Australian people that have voted for them. It's always representing someone else around the rest of the world.</para>
<para>Labor say they want to lock them up because they are disruptive. Well, let's look at the streets of Melbourne. Go and ask the people down in Melbourne how they feel about it, with these ones that have come into the country. They've lost control of their streets in Melbourne and they would dearly love to do something about it. Yes, if people are not going to abide by the rules of this country and be disruptive, and if they think they can carry on in this country like they have from the place that they've come from, no, we don't want them. Why would we?</para>
<para>Senator McKim said if they go six kays over the limit they're going to be locked up and thrown into a detention centre. What an exaggeration—an absolute exaggeration! That is not the case whatsoever. We have allowed too many people in this country who are abusing us and taking us for granted and taking us for mugs, and that's the way we're seen around the world. We're actually mugs. What I see in this country is taxpayers forking out more and more, and we're raising their taxes even more, there's no real wage increase, there's nothing. And Australians are doing it tough. Yet, bleeding hearts in this place are going out to people who want to come here. We don't need these people in this country. We can actually be very particular who we bring in, and we should be, because people are breaking down our doors to actually come to Australia.</para>
<para>We want quality people coming into this country. Stop making excuses for them; set tough laws and give the reasons. Many migrants are now supporting One Nation because they know how tough it was for them to get here. They're sick of seeing all the leniency shown to these others who will lie and cheat to get into this country and have no regard for Australia. They don't want to be Australians. They have no respect for our culture, our laws or our way of life. You talk about the legal system. I know many Australians who would dearly love to be able to have their cases paid for by the taxpayer—but we don't have the money. It was around $12 per person for legal aid in Australia; now it's down to $7 per person. People can't afford to get legal aid in Australia; yet you're opening up our courts and we're going to pay for it! It's also quite interesting that even the Nick Xenophon Team may, I believe, be supporting this disallowance.</para>
<para>It's about representing the people here in Australia. You talk about people coming here. We have the Administrative Appeals Tribunal. It was set up about 30-odd years ago—I think it was in the 1970s or the 1980s; I'm not quite sure—and it cost us about $2 million a year. The tribunal now costs us $142 million to run. People who come here on visas can appeal to it. There are around 4,000 to 5,000 people a year who apply for a visa to come to Australia—and we have opened up for visa applications from Malaysia, the only Third World country who can do it via the internet—and a very high percentage of those people, after being here for three months, apply for refugee status. When the immigration department knocks them back, they then apply to the tribunal, which is a $35 fee. On average, it takes around 386 days for a decision to be made. In the meantime, they are given a bridging visa, they can work and they're looked after. Most of them actually leave the country before the 386 days, after they've worked and accumulated some money to take back to their own country—and we're actually paying for that. The taxpayer is paying for it. Like I said, the tribunal now costs $142 million a year to run. A lot of them are coming from Malaysia, China, India and Pakistan—and, like I said, we're taken for mugs.</para>
<para>I have Australians here who need only a few thousand dollars to help them, and charities and organisations that we need to help our own. The bleeding hearts in this parliament disgust me. The Australian people voted for you to represent them, to fight for their needs and to fix up their needs. Clean up our own backyard first before you worry about everyone else around the world. That is what we need to do first. I guarantee that the Australian people will agree with what I say about this. We need to have intervention with this because we cannot keep going down the track that we're going. You have more and more people applying for visas here. They will come here under a visa and turn around and abuse the whole system. We don't need any more people on our welfare system. We cannot afford it, because by 2019-20 we will be reaching $191 billion. We cannot afford it any longer.</para>
<para>I'm calling on the Xenophon party to have a rethink about whether they are going to support this disallowance motion and to have a rethink about looking after the Australian people, because they are the ones who actually voted for you to represent them in this parliament—not those who want to try to get into this country who have no regard for Australian values or way of life.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:49</time.stamp>
    <name role="metadata">Senator GRIFF</name>
    <name.id>76760</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I take great pleasure in stating that the Xenophon party, or NXT, have thought about this matter extensively, and we very much will be supporting this disallowance. We believe the regulations contain elements which are ambiguous and have well and truly gone too far. For instance, the regulations introduce a new clause, condition 8303, which in part prohibits a temporary or bridging visa holder from becoming involved in activities 'disruptive to the Australian community or a group within the Australian community'.</para>
<para>We have no issue with protecting the community, but booting a visa holder out for being disruptive is a step too far. What does the government mean by 'disruptive'? It is not defined, so we can't say. Does it mean that they can't engage in their democratic right to protest? If they make a scene in a hospital or at a post office, is their visa cancelled? Refugee advocates have raised concerns that people caught up by condition 8303 can be detained indefinitely from the moment an accusation against the visa holder is made until the matter is resolved. That is a denial of due process and, again, goes beyond what a fair-minded person would think is reasonable.</para>
<para>The regulations also seek to amend public interest criterion 4020, which allows the minister to refuse or cancel a visa if an applicant provides a fake document or misleading information to support their application. It affects applicants for skilled migration visas, business visas, temporary visas, student visas and family visas. Currently, this condition relating to a visa that the applicant held in the 12 months before the application was made; the government now wants to make this 10 years, which is excessively punitive, particularly for minor infractions.</para>
<para>These are just some of the concerns which have been raised with us, and we believe they warrant the government well and truly going back to the drawing board on these regulations.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:51</time.stamp>
    <name role="metadata">Senator SCULLION</name>
    <name.id>00AOM</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>The government does not support this disallowance motion. The regulations which Senator McKim has moved to disallow have been introduced to ensure that integrity, identity and community protection issues relating to temporary visa holders can be managed effectively. These regulations should be uncontroversial. They do not impact on the vast majority of temporary visa holders who come to Australia who abide by our laws. The government has zero tolerance for fraudulent, disruptive or criminal behaviour by noncitizens, and the measures introduced by these regulations allow the government to better manage noncompliance with Australian laws.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that the disallowance motion moved by Senator McKim be agreed to.</para>
<quote><para class="block"> <inline font-style="italic">Senator Urquhart did not vote, to compensate for a vacancy caused by the resignation of Senator Nash.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Duniam did not vote, to compensate for a vacancy caused by the resignation of Senator Kakoschke-Moore.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Gallagher did not vote, to compensate for a vacancy caused by the resignation of Senator Parry.</inline></para></quote>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [17:56]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>30</num.votes>
                <title>AYES</title>
                <names>
                  <name>Bartlett, AJJ</name>
                  <name>Brown, CL</name>
                  <name>Cameron, DN</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Collins, JMA</name>
                  <name>Dastyari, S</name>
                  <name>Di Natale, R</name>
                  <name>Farrell, D</name>
                  <name>Gallacher, AM</name>
                  <name>Griff, S</name>
                  <name>Hanson-Young, SC</name>
                  <name>Ketter, CR (teller)</name>
                  <name>Kitching, K</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>McCarthy, M</name>
                  <name>McKim, NJ</name>
                  <name>Moore, CM</name>
                  <name>Patrick, RL</name>
                  <name>Polley, H</name>
                  <name>Pratt, LC</name>
                  <name>Rhiannon, L</name>
                  <name>Rice, J</name>
                  <name>Siewert, R</name>
                  <name>Singh, LM</name>
                  <name>Steele-John, J</name>
                  <name>Sterle, G</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>29</num.votes>
                <title>NOES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Anning, F</name>
                  <name>Bernardi, C</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Fawcett, DJ</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Fifield, MP</name>
                  <name>Georgiou, P</name>
                  <name>Gichuhi, LM</name>
                  <name>Hanson, P</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Leyonhjelm, DE</name>
                  <name>Macdonald, ID</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>Paterson, J</name>
                  <name>Payne, MA</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Smith, D</name>
                  <name>Williams, JR (teller)</name>
                </names>
              </noes>
              <pairs>
                <num.votes>5</num.votes>
                <title>PAIRS</title>
                <names>
                  <name>Bilyk, CL</name>
                  <name>O'Sullivan, B</name>
                  <name>Dodson, P</name>
                  <name>Bushby, DC</name>
                  <name>Marshall, GM</name>
                  <name>Sinodinos, A</name>
                  <name>O'Neill, DM</name>
                  <name>Cormann, M</name>
                  <name>Wong, P</name>
                  <name>Brandis, G</name>
                </names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.</p>
              </body>
            </division.result>
          </division></subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>97</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017, First Home Super Saver Tax Bill 2017</title>
          <page.no>97</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" style="" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" background="" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture">
            <p>
              <a type="Bill" href="r5960">
                <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SubDebate">
                  <span class="HPS-SubDebate">Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017</span>
                </p>
              </a>
            </p>
            <a type="Bill" href="r5959">
              <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SubDebate">
                <span class="HPS-SubDebate">First Home Super Saver Tax Bill 2017</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>In Committee</title>
            <page.no>97</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>18:00</time.stamp>
    <name role="metadata">The CHAIR</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>The question is that amendments (1) to (3) on sheet 8317 revised be agreed to.</para>
</speech>
<speech>
  <talker>
    <time.stamp>18:00</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>While the Greens think the amendments moved by Senator Leyonhjelm are well intentioned and we broadly support the intention of Senator Leyonhjelm's amendments, I just want to highlight that the issues at stake here around housing affordability are much bigger than what we see in these two bills. The Greens have been very clear that we want to see significant structural reform in relation to housing affordability, and not just housing affordability but tackling inequality in this country and raising revenue—revenue that we desperately need in this nation to pay for schools and hospitals. At best, this is fiddling around the edges. We want to see structural reform. We want to see arguably the worst tax we have in this country, stamp duty, being swapped for a broad-based land tax.</para>
<para>The Greens had this costed by Parliamentary Budget Office. I know it's ambitious and it's bold, but I don't think there's a single economist or commentator in this country who doesn't agree that it's a good idea—</para>
<para>Honourable senators interjecting—</para>
<para>The CHAIR: Just a moment, Senator Whish-Wilson. Order, please! We're in committee stage.</para>
<continue>
  <talker>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
  </talker>
  <para>for the federal government to show some leadership and provide an off-balance-sheet loan to compensate the states and drive this transition. Then we might start dealing with issues around supply of housing, housing occupancy and vacancy rates. We might start dealing with some serious issues around value capture, which we've discussed in this chamber before when we've been talking about infrastructure.</para>
<para>We also believe that we need to make brave decisions—and the Greens have led on this now for years—to drive reform, get rid of capital gains tax concessions and get rid of negative gearing. We know that, if we do that, our own estimates through the PBO show that, even if we phase it out over time, even if we design it to minimise the impacts that we see around retrospective legislation, we can raise $13 billion over the forward estimates over four years. That's money that we desperately need in this country.</para>
<para>Let's be really clear about what this is today. This is a smokescreen for a government that's trying to show that it's doing something about tackling housing affordability in this country. But there's no evidence that a super saver scheme for first home buyers, or even for Australians who are down on their luck and who want to own a home, is actually going to work. We have already gone through this in the second reading debate. The Rudd scheme failed badly; virtually nobody used it. It's not going to do anything about housing prices, which is one of the key issues here. If anything, it's just going to add to demand-side pressure to push up housing prices.</para>
<para>We reiterate our message in this debate. If we're actually here to represent the people of Australia, especially young Australians and low-income Australians who are reflected in those HILDA surveys I talked about in my speech, and tackle this issue, this is not the right way to do it.</para>
<para>The CHAIR: The question is that amendments (1) to (3) on sheet 8317 revised in respect of Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Bill 2017, as moved by Senator Leyonhjelm, be agreed to.</para>
<quote><para class="block"> <inline font-style="italic">Senator Dodson did not vote, to compensate for a vacancy caused by the resignation of Senator Nash.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Carr did not vote, to compensate for a vacancy caused by the resignation of Senator Kakoschke-Moore.</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">Senator Gallagher did not vote, to compensate for a vacancy caused by the resignation of Senator Parry.</inline></para></quote>
</continue>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [18:09]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>33</num.votes>
                <title>AYES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Anning, F</name>
                  <name>Bernardi, C</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Fawcett, DJ</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Fifield, MP</name>
                  <name>Georgiou, P</name>
                  <name>Gichuhi, LM</name>
                  <name>Griff, S</name>
                  <name>Hanson, P</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Leyonhjelm, DE</name>
                  <name>Macdonald, ID</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>O'Sullivan, B</name>
                  <name>Paterson, J</name>
                  <name>Patrick, RL</name>
                  <name>Payne, MA</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Smith, D (teller)</name>
                  <name>Williams, JR</name>
                </names>
              </ayes>
              <noes>
                <num.votes>28</num.votes>
                <title>NOES</title>
                <names>
                  <name>Bartlett, AJJ</name>
                  <name>Bilyk, CL</name>
                  <name>Brown, CL</name>
                  <name>Cameron, DN</name>
                  <name>Chisholm, A</name>
                  <name>Collins, JMA</name>
                  <name>Dastyari, S</name>
                  <name>Di Natale, R</name>
                  <name>Farrell, D</name>
                  <name>Gallacher, AM</name>
                  <name>Hanson-Young, SC</name>
                  <name>Ketter, CR (teller)</name>
                  <name>Kitching, K</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>McCarthy, M</name>
                  <name>McKim, NJ</name>
                  <name>Moore, CM</name>
                  <name>Polley, H</name>
                  <name>Pratt, LC</name>
                  <name>Rhiannon, L</name>
                  <name>Rice, J</name>
                  <name>Siewert, R</name>
                  <name>Singh, LM</name>
                  <name>Steele-John, J</name>
                  <name>Sterle, G</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>4</num.votes>
                <title>PAIRS</title>
                <names>
                  <name>Brandis, GH</name>
                  <name>Wong, P</name>
                  <name>Cormann, M</name>
                  <name>O'Neill, DM</name>
                  <name>Duniam, J</name>
                  <name>Urquhart, AE</name>
                  <name>Sinodinos, A</name>
                  <name>Marshall, G</name>
                </names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bills, as amended, agreed to.<br />Bills reported with amendment; report adopted.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>Third Reading</title>
            <page.no>99</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>18:11</time.stamp>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That these bills be now read a third time.</para></quote>
<para>Question agreed to.</para>
<para>Bills read a third time.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017</title>
          <page.no>99</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" style="" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" background="" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture">
            <a type="Bill" href="s1093">
              <p style="direction:ltr;unicode-bidi:normal;" class="HPS-SubDebate">
                <span class="HPS-SubDebate">Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>99</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>18:12</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>In October last year, under pressure to respond to Labor's call for a banking royal commission and to his own backbench, the Prime Minister promised to establish a new tribunal to deal with financial services complaints and disputes. So it's with some irony that the Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 is the bill the government is putting forward to deliver on that promise, because this bill does not create a tribunal. Instead of creating a tribunal, this legislation actually abolishes a tribunal already in place. This bill was all about this government distracting attention from the urgent need for a royal commission into the banks. It comes out of a review that was announced by the Turnbull government precisely 12 days after Labor began calling for a royal commission.</para>
<para>It's astonishing that, for all the rhetoric we have heard about the government's 'take action now' approach to the banks, what we have here is not a significant change at all in improving consumers' rights against the banks. We have had a lot of rhetoric from the government implying that this dispute resolution scheme is something new or suggesting that the idea of going to an ombudsman to get your dispute with a bank resolved is some revolutionary idea. On 1 November 2017, the Treasurer said:</para>
<quote><para class="block">You can create a new financial complaints system which is binding on the banks and you don't need an army of lawyers to get your case heard. That's what Kelly O'Dwyer has done.</para></quote>
<para>The reality is that we already have existing external dispute resolution schemes that already provide no-cost accessible dispute resolution for those who have a financial services dispute. These are the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal. The AFCA is not some whiz-bang new idea; it was part of a confected, piecemeal and cynical response to the problems in the banks from a government hell-bent on protecting their mates in the banks from the independent, thorough and transparent investigation that only a royal commission can deliver.</para>
<para>This new scheme is called the Australian Financial Complaints Authority. We know from responses to questions on notice that the name was first suggested by the office of the Minister for Revenue and Financial Services. But what we also know is that it is not a tribunal, like the Prime Minister promised. It's not even a government authority at all. The word 'authority' in the AFCA's name is a misnomer. The explanatory memorandum to the bill confirms that the AFCA is just another ombudsman scheme in the form of a private company limited by guarantee. This is straight out of an episode of <inline font-style="italic">Utopia</inline>. The government wanted to keep protecting the banks from the scrutiny and investigation powers of a royal commission, but they wanted to somehow look tough on the banks. So we end up with another ombudsman scheme but with a grander sounding name.</para>
<para>ASIC has confirmed that the new Australian Financial Complaints Authority will have no new powers to resolve disputes that the existing bodies do not already have—that is, after everything that has gone into creating it, the Australian Financial Complaints Authority will have no new powers. In particular, it will not have any new powers in relation to disputes with banks that the FOS does not already have. There are no new powers to compel documents from banks or to join third parties in disputes with banks. The Australian Small Business and Family Enterprise Ombudsman was very concerned with this. Officers from the Australian Small Business and Family Enterprise Ombudsman were asked at the Senate inquiry into this bill:</para>
<quote><para class="block">And there has been some criticism that, potentially, AFCA has been designed for the benefit of big business as opposed to the benefit of small business. What would you say to that contention?</para></quote>
<para>The response was:</para>
<quote><para class="block">AFCA's been designed for the needs of the banks.</para></quote>
<para>That says it all about this government. They have a royal commission that is designed 'for the 'needs of the banks', and they have this proposition that was designed 'for the needs of the banks'. Unfortunately, when it comes to this government, the needs of the banks take precedent over the needs of the consumers, over the needs of the Australian public, who are getting ripped off day in and day out by these banks.</para>
<para>The one part of the AFCA that could deliver benefits is the prospect of increased monetary limits and the value of disputes that can be heard compared to the caps on disputes at the Financial Ombudsman Service and the Credit and Investments Ombudsman. However, we are concerned that the government has not committed to the detail on the increased thresholds in this bill. The government is still consulting on the limits on the value of disputes that can be heard, so they won't actually be put into the bill.</para>
<para>The government is replacing the Financial Ombudsman Service and the Credit and Investments Ombudsman with a private company limited by guarantee ombudsman service and the AFCA—a merger and rebranding. ASIC has confirmed that, aside from the potential increases in the value of disputes that can be heard, the new Australian Financial Complaints Authority will not have any new powers to resolve consumer disputes that the first two bodies do not already have. However, in abolishing the third body—the Superannuation Complaints Tribunal—the bill is much more than a rebranding exercise, and Labor believes this will weaken protections and outcomes for consumers. This rabble of a government hate the superannuation industry so much that they're prepared to diminish protections and outcomes for consumers.</para>
<para>Unlike the first two bodies, the Superannuation Complaints Tribunal was established as a government statutory tribunal with special powers and expertise to deal with superannuation disputes. It was established in 1993 with the introduction of the Labor government's universal compulsory superannuation arrangements. Whilst the Liberals have never supported universal super, Labor understands that superannuation is not simply another financial service and shouldn't be treated as such. The compulsory nature of savings and the long-term investment horizon mean that special care must be taken when considering policies for superannuation dispute resolution. Under this legislation, disputes over an individual's superannuation will now be lumped in with those from the banks, insurers, payday lenders—of all people—and others. Chairperson of the Superannuation Complaints Tribunal, Helen Davis, told the Senate hearings into this bill:</para>
<quote><para class="block">I don't think it would be true to say, in relation to super, that it's a rebranding exercise. Arguably, it's quite a significant change for superannuation, specifically in terms of the external dispute resolution. It goes from a statutory body to a non-statutory body. It moved from a specialist body to a one-stop-shop body.</para></quote>
<para>Labor's overriding concern with the proposed abolition of the SCT is that no evidence has been produced to demonstrate that the abolition of the SCT and its replacement by an ombudsman scheme will result in more efficient and better outcomes for superannuation fund members and their beneficiaries. The parliament should be clear what is happening here. By abolishing the Superannuation Complaints Tribunal the government is handing superannuation complaints to AFCA and it is replacing a statutory tribunal body with a private company limited by guarantee. It's replacing a public body that is accountable to the government and the parliament with a private body that is accountable to the financial firms that are its members, albeit with some ASIC oversight. It's replacing a specialised professional body, adept at handling complicated and sometimes heated superannuation disputes where substantial sums of money are involved, with a generic, broad, one-stop-shop body. It's replacing a body whose chairperson and members are appointed by the government with a body where the government will only have the right to appoint a minority of the inaugural board and nothing further. On top of all that, it's abolishing an important part of the architecture of Australia's superannuation system. The reality is that, if this government had its way, it would abolish superannuation completely and it would attack the superannuation rights of workers in this country.</para>
<para>The SCT was established as part of the suite of reforms in 1993 to establish the universal compulsory superannuation system. Labor is proud of its record when it comes to superannuation, enabling people to retire with a higher standard of living and taking pressure off the federal budget. The design of the SCT recognises that superannuation is not just a regular financial service based on a contractual relationship. The design of the SCT recognises that superannuation trustees are custodians of the retirement savings of millions of Australians. They have obligations to all their members. Indeed, it's telling that through the process that has led to this bill being debated today, there has been a failure to properly grapple with the unique nature of super disputes, and the specific powers in consumer protections that are required to resolve them, in a way that is fair, free and accessible for Australians who have complaints regarding their super—and, in a way that, just as importantly, upholds the integrity of the superannuation system more broadly.</para>
<para>This process started with the government wanting a nice announceable of a one-stop shop so it could look like it was doing something about the bad behaviour of the banks. It was initially thought that super disputes could sit alongside all the other disputes and could be seamlessly folded into a private-company-ombudsman scheme. The Superannuation Complaints Tribunal was criticised for its statutory structure. The government argued that the same dispute system that is applied to generic financial service complaints against banks and insurers would work for Australia's superannuation system. But bit by bit, step by step, the value of the Superannuation Complaints Tribunal model and its structure, processes, powers and consumer protections have gradually dawned upon the government. As the serious problems with taking super disputes out of a statutory tribunal kept coming to light, the government started rapidly stitching on more and more powers to AFCA, desperately scrambling to patch up the holes. The result can only be described as a Frankenstein-type body. On the one hand, we have this private company based on contract law; on the other hand, it has statutory government powers for superannuation awkwardly grafted onto it. It's a private ombudsman scheme with statutory powers being progressively transplanted onto it—powers that should rightly belong to a statutory tribunal.</para>
<para>This whole process has been a tacit admission by this government of what should have been clear from the start: that the structure, processes, powers and consumer protections of the Superannuation Complaints Tribunal are the best way to resolve superannuation disputes; that the idea of trying to fold superannuation complaints from a statutory tribunal into a general ombudsman scheme was fundamentally flawed from the start; and that a strong mechanism for the resolution of superannuation complaints, and the upholding of the integrity of the super system, should not have been sacrificed on the altar of this government's desperate need for announceables about the banks so it could continue to protect them from a royal commission.</para>
<para>What has also become clear through this process, and what became even more apparent during the Senate inquiry into this bill, is that there is nothing significantly wrong with the Superannuation Complaints Tribunal that a sustainable funding model wouldn't fix. The only criticism that has been made of the Superannuation Complaints Tribunal is its delays in resolving some disputes. But it's clear that this is the result of a lack of funding and staff cuts. It's worth noting that when looking at all of the disputes that the Superannuation Complaints Tribunal resolves, the average time frame is around 145 days. Nevertheless, there are currently unacceptable delays particularly for the 10 per cent of disputes that go to the final stage—that is, the determination stage. It's clear that the funding shortfalls are the main contributor to these delays. The Ramsay report acknowledged this, as have most stakeholders involved in the consultation over AFCA. Staff cuts and funding reductions have occurred in recent years at the Superannuation Complaints Tribunal. This is despite the fact that the Superannuation Complaints Tribunal funding is already charged to industry by the APRA levy and the increasing size of Australia's superannuation savings.</para>
<para>This government's willingness to oversee a reduction in staff by over 30 per cent at the SCT is an astonishing act of neglect. It is unacceptable for this government to oversee such a dramatic reduction in staff and then to turn around and complain that the Superannuation Complaints Tribunal is too slow in resolving disputes. It's even more unacceptable for this government to then use this as an excuse to abolish the body and transfer its functions to a non-government body, reducing consumer protections in the process.</para>
<para>I foreshadow that Labor will be moving an amendment to retain the SCT as it currently is. This amendment would keep superannuation out of the AFCA. We hope that we'll be able to get senators' support for this amendment, which will protect the integrity of superannuation dispute resolution.</para>
<para>Serious concerns have been raised about the transition arrangements to the AFCA as currently outlined in the bill. The Turnbull government has no plans to ensure that AFCA will have the professional expertise to resolve superannuation disputes. This expertise currently resides in the Superannuation Complaints Tribunal, and it will have to stay there because, under the government's plans, the SCT will stay in operation for a number of years to work through existing superannuation disputes.</para>
<para>We have some further concerns with the issue of moving the handling of superannuation disputes from the Superannuation Complaints Tribunal to AFCA. There are real concerns that there will be little, or possibly no, superannuation expertise on the AFCA board, which will leave superannuation members in a worse position. There have been concerns raised by stakeholders that determinations by AFCA may not even be enforceable against superannuation trustees, who have an overriding duty in common law and under the SI(S) Act.</para>
<para>This bill is more about politics than policy. It's about a government that desperately wants to distract attention from the need for a royal commission into the banks. Aside from increased monetary thresholds, which are still not settled and are not in the bill, there is very little change in this bill for customers who have had a dispute with the banks. They can go to an ombudsman scheme now. AFCA will be an ombudsman scheme as well, and AFCA will have no new powers to deal with these disputes.</para>
<para>As foreshadowed, Labor will move amendments to stop the abolition of the Superannuation Complaints Tribunal to ensure that the quality of superannuation dispute resolution is maintained. I hope the National Party and the crossbench recognise that this is a rushed job by this government to attack superannuation. It will be a problem for superannuation members, and this government is simply displaying its ideological opposition to superannuation for workers in this country. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>18:32</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>The purpose of the Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 is to amend the Corporations Act 2001 and other related legislation to implement the central recommendation of the Ramsay review. What was that? You've probably heard this from the minister several times. It was for the establishment of a new one-stop-shop external dispute resolution, or EDR, framework—the Australian Financial Complaints Authority.</para>
<para>The Australian Financial Complaints Authority will replace the Superannuation Complaints Tribunal, SCT, the Financial Ombudsman Service, which we know as FOS, and the Credit and Investments Ombudsman, CIO, in the existing EDR schemes approved by the Australian Securities and Investments Commission. It will also provide an enhanced internal dispute resolution, or IDR, framework. Basically it's about dealing with all customer financial disputes about products and services provided by any financial services firms, including superannuation disputes.</para>
<para>What is EDR, or external dispute resolution? EDR schemes are designed to provide a cost-free, relatively quick and independent service to resolve disputes between consumers and providers of financial services or credit. EDR schemes represent an alternative to the often costly and time-consuming effort of going to court. They may assist in resolving complaints through the use of negotiation or conciliation and requests for further information in order to help a complainant deal with a dispute.</para>
<para>The outcome of an EDR process may be a decision that is binding on the financial services or credit provider, if it is accepted by the consumer. This may include ordering that compensation be paid to a consumer, if they have suffered a loss, or a dispute may be resolved in some other way. As mentioned before, there are two EDR schemes, FOS and the CIO.</para>
<para>The FOS is an independent dispute resolution service for individuals and small-business holders. Those of us who have been working with the victims of financial crime for some years now are very familiar with FOS. It is governed by an independent board of consumer representatives and financial service industry representatives. It is typically the larger banks and their insurance arms which are members of FOS. Basically, FOS can generally hear disputes if: the dispute is between an individual or small business and a bank or financial institution, including credit unions; the financial services provider is a member of FOS; or the dispute relates to an act or omission by a financial services provider in relation to a financial service in Australia; a claim whose monetary limit does not exceed $500,000; a dispute involving a claim for more than $500,000, if all parties in FOS agree; and the event to which the dispute relates occurred no more than six years earlier. I note that the bill before us under the new AFCA structure improves outcomes in relation to FOS's current powers and limits on disputes on claims, which is a good thing.</para>
<para>The Credit and Investments Ombudsman, CIO, operates in a similar manner to FOS. Its key goal is to provide consumers with a cost-free alternative to legal proceedings for resolving disputes they may have with their financial service provider. Participants in the scheme include credit unions, building societies, non-bank lenders, mortgage and finance brokers, financial planners, investment managers, debt services and a wide range of other financial services and product providers. CIO operates mainly in the credit sector. Its member profile consists of nearly 24,000 members, about 97 per cent of which are sole traders and small businesses. That membership is mainly comprised of the group that I've just mentioned.</para>
<para>Lastly, the Superannuation Complaints Tribunal is an independent statutory tribunal. It's not subject to ASIC's approval, and only deals with complaints against trustees and certain insurers in relation to superannuation funds, annuities, deferred annuities and retirement savings, by virtue under the relevant provisions of the Superannuation (Resolution of Complaints) Act 1993. As explained by the industry super funds in submissions to this legislation, complaints about superannuation that are dealt with by the SCT are different to complaints about the financial products and services dealt with by other financial service external dispute resolution schemes.</para>
<para>That is the basic background on what we're dealing with here tonight. We're dealing with legislation that merges all three entities. The intent of that legislation is to improve outcomes for consumers, to make things quicker, to have a new funding model, to provide a one-stop shop and to get through a backlog of complaints and disputes in this country. I want to acknowledge Minister O'Dwyer and the work she has done to bring this legislation forward. The Greens have had constructive discussions and conversations with the minister over recent weeks. While we haven't yet reached a satisfactory accommodation on the inclusion of the SCT in this new AFCA, we do support the intent of merging the CIO and the FOS and improving outcomes for consumers.</para>
<para>We support the merger of the Financial Ombudsman Service, FOS, with the Credit and Investments Ombudsman, CIO, but we're still not convinced of the need to bring in the Superannuation Complaints Tribunal under the umbrella of the merged authority. We acknowledge—indeed, others opposed to the inclusion of the SCT in this new body, such as the CPSU themselves, also acknowledge—the need for the SCT to be reformed and to have better resourcing and funding. But a number of important stakeholders throughout the consultation process—indeed, even in the hours and days leading up to this legislation—still disagree that the inclusion of the SCT in the AFCA model is the way to solve problems with the SCT, and I will come back to that later.</para>
<para>This legislation can be related directly to the Ramsay review, as I mentioned earlier, but the origin of this bill stems from the government's unwillingness over this term of government to call for a royal commission into the banks and financial services sector. It was brought together quickly to reduce the volume of calls for a royal commission. In fact, the new AFCA was first floated as an idea to head off demands from Liberal MP Warren Entsch, to satisfy his concerns and prevent him publicly supporting a royal commission. It has since been spun, including by a large number of Liberals in this chamber, in debates and in the media, as an important part of their frame and a reason for not having a royal commission—or at least as a reason for the government not acting on implementing their own royal commission.</para>
<para>I often say that good legislation is a bit like baking a cake. We have the politics and we have the policy. The policy includes the ingredients that you need to make the cake edible, but the politics is what sets the oven at the right temperature to actually bake the cake. I think the government was hoping that they would get widespread support for this scheme as a substitute for having a full, in-depth royal commission looking at misconduct, but, as we know now, that changed after the Prime Minister's magnificent double-twist with a full pike backflip, which we saw last week. We now actually have an in-depth inquiry into financial misconduct in this country.</para>
<para>I want to talk a little bit about the royal commission and the terms of reference. It is very clear in the terms of reference. Item 1e) states that the commissioner will examine</para>
<quote><para class="block">the effectiveness of mechanisms for redress for consumers of financial services who suffer detriment as a result of misconduct by a financial service entity.</para></quote>
<para>We know that other aspects of the industry super bodies will be looked at by the royal commission. As I've said in here before, the Greens' bill that passed this place, which had the support of Senator Williams and the support of Labor in the House, also had broad enough terms of reference to have a similar inquiry by the commissioner. This issue will be looked at by the royal commission. We're now dealing with legislation before us which has been in train for some time, and since only a few days ago we have a commissioner looking at similar issues relating to disputes and the same body that was looking to merge into the AFCA.</para>
<para>The government has also been talking recently about a last-resort compensation scheme. It has been said—indeed, this was hinted at in the Ramsey review—that this would be ideally bolted onto the Australian Financial Complaints Authority. I haven't been involved in discussions with anyone about a last-resort scheme. I know that Senator Xenophon certainly talked a lot about that when he was in this place, and Senator Williams may have some light to shed on this. We know it was a live option for the government. There were active discussions on this until recent days. I don't know if it's still active and still under consideration. If a royal commission does recommend compensation or grounds for compensation for victims of financial crime, as I hope it will, then this scheme is going to be really important. If the royal commission is going to last only 12 months, why aren't we dealing with that in the legislation here tonight? That is clearly going to be an important part of any new financial complaints authority.</para>
<para>I'm not really sure that we've got the ingredients right here tonight. I don't believe that the SCT, the Superannuation Complaints Tribunal, should go into this body at the moment and I don't believe that the politics of this has set the temperature right for this to pass the Senate. I may be proved wrong in just a few minutes. What we have, when you think about it, is a confusing spaghetti bowl of ideas, policies, legislation and spin around financial complaints.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Seselja</name>
    <name.id>HZE</name.id>
  </talker>
  <para>Now you're mixing your metaphors.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
  </talker>
  <para>The spaghetti got you excited, Senator? Yes—you probably haven't had dinner yet. It's a quarter to seven. We aren't quite sure how it's all going to fit together at this stage, yet we're dealing with putting architecture in place to set up a one-stop shop, a super mechanism for dealing with victims of financial crime and financial complaints.</para>
<para>Let's talk a little bit about superannuation. We know that complaints are significantly lower in number than those about banking or other financial advice, and there is a chance that superannuation oversight could be pushed off to the side in relation to the avalanche of banking complaints. That's certainly been one of the key issues that's been raised in relation to this. We also know that there's a different subculture in relation to superannuation and other financial services. There are some fundamental differences in the products and their nature, and we're not convinced that due consideration has been given to the merging of the different cultures and stakeholders at this stage. We are concerned about job losses and whether the merger is driven purely by wanting to get more efficiencies and cost savings than necessarily driving through a larger mountain of complaints, and we haven't been able to secure any guarantees that there won't be job losses, especially from the SCT when it's merged into the new entity.</para>
<para>We have some really basic legislation here tonight, but we actually don't have any detail. There is considerable uncertainty around this legislation because there is no detail around the terms of reference. The minister herself has been quite open that they are under negotiation and they may take some time. She wanted to get the legislation in place before the terms of reference were sorted out, but that's one of the key reasons that we have such uncertainty on this legislation, especially in relation to the superannuation scheme.</para>
<para>Very quickly, I want to talk a little bit about the SCT. I want to acknowledge that I got a letter from Choice. Choice are a stakeholder that I've worked very closely with since I've been a senator on issues like the watering-down of the FOFA laws. Choice were brilliant, as they were in providing a lot of good advocacy work around the dangers of the Trans-Pacific Partnership Agreement. They are an organisation I respect. They have made it very clear to me, as they have to other senators, that they don't want to see the SCT removed from AFCA. They say the goal of a properly-functioning external dispute resolution scheme is to provide fast, fair and free resolution. On these grounds, the case for moving away from a rigid tribunal structure, which they believe the SCT is, to a more responsive ombudsman-style scheme is clear.</para>
<para>As outlined in the report of the Ramsay review, it took an average of 796 days for disputes that reached determination to be resolved by the existing Superannuation Complaints Tribunal, the SCT. This contrasts with an average of 62 days for the Financial Ombudsman Service, the FOS, in 2015-16. They highlight that some stakeholders have argued that these delays could be addressed through more funding, but repeated funding injections have failed to have any impact on delays. This is due to the inherent limitations of the tribunal model, where processes are determined by legislation, appointments of tribunal members are often delayed and any change to funding is dependent on the government cycle. They talk about the contrast of the flexibility around the ombudsman schemes. So they are a clear supporter of the government's legislation.</para>
<para>As I said earlier, I don't believe that Industry Super Australia or other stakeholders, like ASFA, the voice of super, which is for both the retail and the industry super funds, have the same clear view, and nor do the union, the CPSU, that represent the workers. I have a letter from them as well, with the signatures of the workers who currently work for the SCT. They believe the current bill actually weakens current appeal rights and protections for complainants, specifically around appeal rights and privacy. They have raised these issues in numerous letters, and they don't believe there has been anywhere near enough consultation. They agree the SCT is not perfect. They believe it has been chronically underfunded for years, a fact that has been universally acknowledged by both friends and critics of the SCT: 'Over the last year, we've seen just under a third of our workmates made redundant, and those of us who have remained have struggled with a growing backlog of complaints. An increase in funding would be welcome and would ameliorate our current problems. However, a permanent solution is needed.' They don't believe merging into the AFCA is the permanent solution that they need. They go on to say: 'The current industry funding model for the SCT is opaque and indirect. The money received by the SCT is determined by government and then recouped from industry membership fees and regulated by APRA. The funding needs to be transparent and linked to the number of complaints we receive.'</para>
<para>They have been constructive as well, saying there is a better way forward for them, and they have also questioned why the minister has made sure that AFCA has very similar statutory powers to resolve disputes in superannuation, which was the reason that they were set up and that they were different. They are saying that, by default, the minister has admitted that they are unique, they deal with different issues to the FOS and the CIO and they should remain separate.</para>
<para>I've got a number of issues that have been raised with me by groups such as Industry Super. They say they have expressed concerns about the new arrangements and how they could result in superannuation trustees or members of these funds subsidising an EDR process primarily used by non-superannuation financial providers, and this would be in conflict with trustee obligations, including their obligation to act in the interests of all members. They believe this legislation will be tested in the Federal Court if it's passed. They've also talked about funding issues. They prosecute the case that superannuation fund members should not, and legally cannot, subsidise other financial service disputes and, further, that self-managed super funds must contribute to the scheme or pay on a cost-plus basis when utilising the scheme.</para>
<para>In relation to governance, they say they will argue that there should be a separate AFCA superannuation panel with expert representation, which, most importantly for them, must include not-for-profit representation, a debate that we've been having in this chamber on other superannuation bills in recent days. That is the beauty of their model. They believe it works and it gets good results for their members. They also highlight that there's no detail in this bill. The terms of reference haven't been sorted out. We've seen criticism around that.</para>
<para>Finally, that leads me to talk about ASFA. ASFA's position is quite interesting. They step out the key reforms. They talk about their positions. They agree the minister has worked to meet many of their concerns, but they still have many key concerns. I'd like to read one of them because it relates directly to the commencement and transition period. ASFA is concerned that the implementation process has been rushed because the government was trying to get legislation in place to ward off a royal commission. They're my words, but they do believe this has been rushed.</para>
<quote><para class="block">ASFA considers it preferable that the Bill nominates a specific commencement date – no earlier than 1 January 2019.</para></quote>
<para>The commencement date in front of us is July next year. They don't believe that this can be done effectively with SCT in that time period. There hasn't been the consultation and this has been rushed. This is coming from the retail end of the superannuation market as well as from the industry super funds. They go on to talk about how the wind-down period is not sufficient and that the merging of the two entities should occur over a longer period of time.</para>
<para>When we get to looking at some of the key stakeholders in the super industry, they're clearly not happy with this bill. My advice to the minister would be: let's pass the merging of FOS and CIA tonight. Let's get the architecture in place for a new tribunal that looks at both those entities and delivers better results for consumers, as I believe it should. I support that and the Greens support that. But, given the uncertainty around the terms of reference and the need for extensive consultation, I'd suggest a way forward would be to talk with the industry body about a potential phase-out of the SCT or a merger over a longer period of time. That should be considered as an option. It's obvious to me there's no confidence or trust between super industry stakeholders and this government. This government has totally politicised the industry super issue. We talked about it this week. Minister Dutton was talking about it around the royal commission. There's no trust. There has to be a process that builds trust between superannuation stakeholders and any government before the SCT is merged into any AFCA. There's a process here for going forward— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>18:52</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I will be brief. I'm not going to speak for 20 minutes. In relation to what has been put forward, I totally support the formation of AFCA. I say to everyone who comes into my office, if they've got a dispute with a bank, a credit union—which is very rare, of course—or a financial planner: stay out of court. Why stay out of court? If you get into the commercial division you might have your case heard in two years.</para>
<para class="italic">Senator Dodson interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
  </talker>
  <para>That's the fast lane, Senator Dodson—a two-year court case. It'll probably cost you $300,000, $400,000, $500,000. You'll wait six to 12 months for a decision of the court, and then you'll face an appeal, which will be another couple of years. A dispute with a bank or a financial institution could end up being five years in the courtroom and a lot of stress, a huge amount of cost, a lot of worry, a lot of pressure on families et cetera. So my advice to everyone is always: stay out of the courtrooms. I think the only sure winners in a court case are the solicitors involved.</para>
<para>This legislation enables the Australian Financial Complaints Authority to be established from 1 July next year. I know that's not far off. We've just completed an inquiry into lending to primary industries—to farmers—which will report very soon. The problem is that you need somewhere to seek justice when you don't have any money. Even if you think you've been hard done by and you think you have a strong case, you can't go to court. It's really David and Goliath stuff if you think you're going to go to the courtroom on your own and fight the best solicitors, barristers and QCs. The playing field is just not level. However, AFCA establishes that level playing field as a one-stop shop where people can seek justice when they do not have money. Now, people might take a claim: they might be in small business and the bank has sold them up. They might think they've been treated very unfairly and they put a case to AFCA. AFCA might rule: 'Look, yours is a silly, vexatious claim. You have no claim. Don't come back to us.' Or they might say: 'You have a strong argument. We'd encourage the bank to have a mediation with you.' If that doesn't work they might say, 'We are going to make a decision and that decision is binding.' They can award up to $1 million for small business, and small business and farmers who have loans of up to $5 million can go to AFCA. At the moment, it is limited to $2 million for the Financial Ombudsman Service with a limit of $309,000 compensation, from memory. So it widens the scope and gives us a one-stop shop.</para>
<para>Earlier this year, the Carnell report recommended the establishment of an industry-funded, external-dispute-resolution network, which is a one-stop shop to hear disputes related to credit facilities of up to $5 million. Kate Carnell reviewed a number of cases that came before the parliamentary inquiry into the impairment of loans, which I was involved in on the committee. Ms Carnell said that about one-third of these cases were simply poor business decisions where the banks appear to have acted reasonably, a third were a mixture of poor business decisions and poor bank practice, and about a third were very real issues where the bank conduct is unacceptable and possibly unconscionable.</para>
<para>From that report came a recommendation that the banking industry must fund an external dispute-resolution one-stop shop, a dedicated small business unit that has appropriate expertise to resolve disputes relating to a credit facility of up to $5 million. Senators Whish-Wilson and Cameron made points about superannuation and the SCT. Surely if you are going to have the AFCA, the people involved in it, the people investigating the claims and the complaints, are going to be hugely experienced in that field of superannuation. Then you might have people in the specialist fields of financial planning and financial advice where you can take a complaint, then in investments, where you might think you have been dudded with a bank or financial institution, and then in lending. So a broad centre that can handle all complaints is essential. As I said, in a specialist field you've got to actually have specialist people to review the complaint and make a decision or recommendation.</para>
<para>The 2016 report <inline font-style="italic">Parliamentary Joint Committee on Corporations and Financial Services: Impairment of Customer Loans</inline> said:</para>
<quote><para class="block">The committee has no powers to investigate or resolve individual disputes, however the committee has used the cases presented to it to understand the practices of banks and makes the following observations:</para></quote>
<list>for many failed loans under the 2008 Bankwest commercial loan book, it appears likely that problems arose from irresponsible lending prior to the acquisition of Bankwest by the Commonwealth Bank;</list>
<para>How true that was. However:</para>
<list>for many failed loans with other banks it is also likely that irresponsible lending was the primary or significant cause of loan failure; and</list>
<list>there may be some individual cases for which there are legitimate disputes with banks.</list>
<para>The main allegations raised by submitters and witnesses from the inquiry were the use of non-monetary defaults, including loan-to-value ratios. Philip Ruddock, a very respected person, had many, many years in the House—I think about 41 years. He led this inquiry. He basically pushed it. The report continued with:</para>
<list>charging excessive fees, default interest and penalty interest;</list>
<list>insufficient notice periods for decisions not to roll over term loans leading to difficulty in refinancing loans;</list>
<para>These are just some of the things. Surely, if the bank has lent money to a customer and they are in financial trouble and the bank wants to get them off the books, at least give them some time to renegotiate a loan with another institution. You can't get a loan overnight, especially if you're talking about the upper end of loan-to-value ratios et cetera.</para>
<para>I hope politics doesn't get involved in this because, as I said, my advice to everyone always is to stay out of the courtrooms. I hope this goes ahead. I'm very glad we've got the royal commission. Senator Whish-Wilson knew exactly where I stood on this before he even came to this place. It will do its job. The point is with AFCA, it should take a lot of relief off the court system. I have a friend, John Viscariello, who had a horrible time through the court system in South Australia. He is still waiting for his appeal case. The case was heard years ago—it was a long time back—and the decision hasn't been handed down. We'll leave it to the judges to make that decision. The courts seem to be very clogged up throughout the states, especially in South Australia. This should relieve a lot of pressure from the court system and hopefully take some costs off the state governments running their court systems. It should give that facility the one-stop shop where people can seek justice if they think they've been hard done by. It's not a place to go looking for compensation from vexatious and stupid claims. The people there, no doubt, will have expertise in their various fields. I think it's a good thing for all Australians.</para>
<para>Let's be fair dinkum: if the institutions do the right thing, then in a couple of years time AFCA won't have work to do. There won't be complaints. Perhaps that's a bit of wishful thinking. There will always be some complaints in the financial world, but, hopefully as the culture changes in the financial sector and the banking sector, we will see fewer and fewer disputes in the future. We will see that things are done right and that people are treated fairly. With a bit of luck AFCA might not have a big workload in years to come. It is essential that we have this one-stop shop somewhere—I repeat for the third time—where people can seek justice without having to be a multimillionaire.</para>
<para>In one case I remember a liquidator we dealt with who went to jail for three years. He was a rogue liquidator. He was liquidating a company and the company took him to court. It cost the company $1.8 million to have that liquidator removed. Those changes have been in place from September last year. That won't have to happen again, hopefully.</para>
<para>I hope the parliament supports this. Sure, for anything like this, there will be teething problems. You never get it perfect first up. We spend a lot of time in this place correcting legislation, even from the Howard government and from the Rudd government et cetera, where things don't work out as planned. There's going to be some fine-tuning and some modification, but let's get it underway so that people, come 1 July next year, can seek that justice and get a good, binding decision, hopefully, in a quick period of time without huge costs.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>19:02</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>It's a pleasure to follow Senator Williams in this contribution. I acknowledge his longstanding interest and advocacy in this area, but, I must say, I can't share his confidence in the new authority that's been set up as a result of this bill. Whilst I hope that it does work for consumers, there are some signs here that we are going to see some difficulties.</para>
<para>I rise to make a contribution on the debate on the Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017. I want to put on the record, at the outset, my disappointment about the real reason we are debating this bill today. It's because the Prime Minister, for so long, resisted Labor's call for a royal commission into the banks. After 601 days of pressure from the Australian community and from Labor, the government has finally accepted the reality that there needs to be a banking royal commission. The Prime Minister has been dragged, kicking and screaming, to that conclusion at the behest of the banks. He has even described it as a 'regrettable' outcome. If the Prime Minister had listened to us earlier, we might now be discussing the findings of a royal commission, which could have been running for the last couple of years. We could have been looking at the findings today instead of debating another part of the piecemeal approach, which has been used as a foil against a royal commission, which is his attempt to look at consumer protection in the financial sector.</para>
<para>It's not just the Prime Minister's legislation agenda that is in pieces, as we close out 2017. We can see from the events of last week, in the wake of the LNP's dismal performance in the Queensland state election, that this coalition is deeply divided. As Senator Canavan keeps pointing out, they keep separate party rooms and have separate meetings. Now we hear the Queensland Nationals want to run a separate campaign in the Sunshine State. They do not want the Prime Minister anywhere near them. I see that the federal member for Flynn is on board with that strategy. The Gladstone <inline font-style="italic">The Observer</inline> reported, on 29 November, Mr O'Dowd as saying:</para>
<para>I can see us becoming irrelevant if we keep heading down the path we're headed.</para>
<para>It seems he also agrees with Liberal Senator Ian Macdonald that the Prime Minister isn't representing regional Queenslanders, saying:</para>
<quote><para class="block">We're becoming, in the eyes of the public, more city-orientated than rural and regional.</para></quote>
<para>So there is something that they agree on, but the divisions run deep—so deep that the news headlines last week proclaimed an LNP divorce. Again I refer to the federal member—</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>122087</name.id>
  </talker>
  <para>Senator Ruston, on a point of order. What's your point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Ruston</name>
    <name.id>243273</name.id>
  </talker>
  <para>My point of order is that I don't believe the senator is actually addressing the matter before the chamber. There is no relevance at all to his comments to the bill.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>122087</name.id>
  </talker>
  <para>There is latitude with the bill, Senator.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
  </talker>
  <para>To assist, I will come back to the issue. These were important scene-setting comments to be made in relation to my contribution. Even though the Prime Minister has now finally seen sense and announced a banking royal commission, he still wants to keep running this protection racket for the banks. Let's not consult the banking victims on the draft terms of reference and let's try to distract from the conduct of the big banks by targeting industry super funds. How predictable it is that this government, which has for so long acted at the behest of the major banks, would find it irresistible to take the opportunity to get square with the banks' major competitors in the occupational superannuation space.</para>
<para>The fact that the union and worker reps are participating equally with employers on the boards of industry super funds and that those funds are outperforming the major banks with returns and lower fees doesn't stop the government's ideological war on unions and its slavish support for the big banks. It's little wonder that on 1 December the <inline font-style="italic">Gladstone Observer</inline> reported the member for Flynn as 'remaining cautious about whether he will back the establishment of a $75 million Royal Commission into the banking sector'. It's clear to me that National Party members have given up on the Liberal Party because they know deep down that the government wants to stand up for the big banks, not ordinary Australians. The ad hoc, piecemeal legislative approach by this government has been heavy on politics but light on policy, with no real outcomes for banking victims.</para>
<para>Now, we have a royal commission. We need to make sure we get the terms of reference right. The government needs to stop running its protection racket for big banks. We know that the Australian public are sick of hearing about the big banks' huge profits and million-dollar bonuses for CEOs, while the little people get ripped off. In fact, the Prime Minister all but acknowledged this when he said on radio last year:</para>
<quote><para class="block">We will get a low-cost, speedy tribunal to deal with these types of consumer complaints, customer complaints against banks, and this will be real action.</para></quote>
<para>But it seems that this statement was more about paying lip-service to his backbench, trying to hold off the inevitable, and less about new action. In fact, rather than establishing a new tribunal to deal with consumer complaints, through this bill the government is actually proposing to scrap the tribunal that we do have.</para>
<para>We need a fair dinkum royal commission to provide a transparent, thorough investigation into the banking sector, a process that the public can have confidence in. That's why we have been calling so long for a royal commission. We want to see action and recompense for consumers who have been ripped off. I know Senator Williams has been at a number of the hearings that I have been at, where too many times we heard examples of ordinary people being mistreated by the major banks and their subsidiaries. But, all the while, we've seen the Prime Minister coming up with thought bubbles to deal with this pressing public policy issue.</para>
<para>I talked last week about the Prime Minister's thought bubbles on a range of issues—things that pop up out of the Prime Minister's head—and then he backs away from them, and they disappear without a trace. We all remember the propositions of states levying income tax, Commonwealth funding for Catholic and private schools but state funds for state schools, increasing the GST, reining in negative gearing excesses. The Prime Minister floated all of these propositions and backed away from them. I encourage the Prime Minister now to see sense and back away from scrapping the Superannuation Complaints Tribunal.</para>
<para>In September this year this bill was referred to the Senate Economics Legislation Committee, of which I am the deputy chair. The committee examined the Ramsay review in detail, along with another 31 written submissions. We heard evidence from stakeholders at two public hearings, on 9 and 10 October in Canberra and Sydney. In its report tabled in October the committee was in agreement that parts of the AFCA bill have merit, and I will come back to that. However, Labor strongly disagree with the government when it comes to the abolition of the SCT. We are seeking amendments to the bill to ensure that the tribunal and its important functions are retained.</para>
<para>First, let's just recap briefly why the government has introduced this bill, apart from the obvious reason of trying to quell demand for a royal commission. The government acknowledges that consumer protection in the banking and financial sector is a mess. The current system offers two different ombudsman services: the Financial Ombudsman Service and the Credit and Investments Ombudsman, both overseen by ASIC. Unfortunately, after myriad minimergers and reforms, the system has broken down to the detriment of consumer protection in the financial services industry. Currently the funding model is not working properly. Consumers are confused about where to go for dispute resolution. Financial providers are confused about which dispute resolution service they should be a member of—some are so confused they have joined both. Other providers—namely, debt management schemes—are not members of either. Further, the financial threshold at which claims can be brought by consumers is outdated, because the average mortgage has grown considerably in recent years, and the current threshold precludes many small businesses accessing free dispute resolution because the value of their claims falls just outside the limits.</para>
<para>For these reasons the bill proposes to merge the FOS and the CIO into a one-stop-shop for consumer complaints. On the face of it Labor have no problem with this element of the bill. Our dissent relates to the SCT. The committee's inquiry has clearly shown that the new one-stop-shop authority will not have any new or additional powers that the existing dispute resolution bodies don't already have. Remember the Prime Minister trumpeted that there would be real action for consumers. The truth is that, in relation to non-superannuation disputes, this bill is really just a rebranding exercise. The committee noted concerns from submitters and those who gave evidence at hearings that amalgamating the ombudsman services would lead to bigger organisations taking control and affordability issues for small operators. I take the opportunity here to acknowledge constituents in Queensland and local businesses who wrote to my office about this aspect of the AFCA bill. While Labor does not oppose the merger of the ombudsman services, I do encourage those constituents who have contacted me to take every opportunity to provide their input again when any new arrangements are reviewed in the future.</para>
<para>As I've just said, despite the way that the government has wasted time and resources going about this, Labor is not opposed to the government's rebranding exercise. It's clear that the Nationals are putting a lot of effort into rebranding at the moment, so perhaps the Prime Minister could get some advice from them about that and the rebranding of the dispute resolution procedures. But, as I said, what we're strongly opposed to is the proposal to abolish the SCT as part of this bill. The tribunal was legislated by the Keating government following the Labor government's historic introduction of a superannuation guarantee in the early 1990s. In my first speech to this parliament I pointed to our world-class occupational superannuation system as a crowning achievement of Labor's industrial and political wins and I pledged to continue supporting improvements to enhance the capacity of Australian workers to retire with financial security and dignity.</para>
<para>Today we fight to stop the government from taking us backwards through abolishing the key consumer protection body for free dispute resolution of superannuation complaints. Instead of strengthening consumer protection for superannuation complaints and getting real action, the government wants to water it down by lumping it in with the ombudsman merger. As it stands, the Superannuation Complaints Tribunal is a statutory body and it operates with a couple of key differences to the ombudsman model. The funding, for example, comes through the government rather than directly through industry. The types of disputes put before the tribunal are often complicated and require a high degree of specialist technical knowledge to resolve. The tribunal also has regard for the legality of disputes, not just fairness.</para>
<para>In making the case to tear apart the tribunal, the government points to the findings of the Ramsey review: that it is chronically underfunded, it's outdated, inflexible and takes too long to resolve disputes. These are some of the conclusions. These findings should come as no surprise, though, since, under the Abbott-Turnbull governments, the tribunal has seen its funding cut and staffing levels slashed. It is no wonder the timeliness of resolutions has suffered as a result and this is at a time as one of our biggest cohorts, the baby boomers, are entering their retirement phase and about to start drawing down on superannuation funds. You would now think it's about time to invest in consumer protection measures around superannuation, not to destroy them. It's not just the baby boomers who are interacting more with their superannuation funds.</para>
<para>The Ramsey review identified that over 14.8 million Australians have at least one superannuation account, with assets across the system totalling $2.2 trillion. With most super funds offering members opportunity to track their super balances online these days, consumer understanding about superannuation products is likely to grow and with it complaints and the need for dispute resolution. We need to encourage consumers to take an active part in the superannuation system and their individual fund or funds. This includes education about when to question a product's validity. If we don't have a clear-cut complaints process for superannuation to stand alone, we risk decreasing consumer understanding and thus access to free advice and dispute resolution services.</para>
<para>The tribunal, as it stands, also deals with complaints about superannuation related life insurance, which can be particularly emotive where complaints are concerned. In these cases, the tribunal not only draws on its technical expertise but on the sensitivity of the issues as understood by the experts and its enshrined confidentiality provisions around the hearing and collection of evidence. I have had some experience in my former life in this area of disputes in relation to superannuation, particularly life insurance entitlements. As an alternative director of the REST Industry Super, we came across many heart-wrenching cases of young members of the superannuation fund who tragically passed away in motor vehicle accidents, for example. With separated families, we found there was contest over who was to be the beneficiary of the life insurance policy held by the deceased member of the superannuation fund. So these are highly complicated matters and they're very much emotive issues.</para>
<para>If this tribunal is abolished and superannuation complaints are directed to the one-stop shop, it's likely that the specialist knowledge of the tribunal model will be lost or, at best, diluted. There is absolutely no guarantee that confidentiality will be respected in the same way. Merging the tribunal into a non-statutory ombudsman service also strips it of other features, namely the enshrined appeal rights for both process or administrative issues and judgements. Only judgements would be able to be appealed under the government's proposal, leaving consumers no recourse if their case was refused for hearing in the first instance. The tribunal can compel parties currently to attend hearings and produce documents. The tribunal can also attach a third party to a dispute.</para>
<para>The government says it will take some of these powers and give them to AFCA for use only in superannuation matters, effectively saying, 'This is a one-stop shop; hang on, actually, a third of it operates differently.' Surely, it would be simpler to leave the tribunal as it is and start funding it properly. The government's argument for merging the FOS and CIO is that consumers are confused about where to go for help. To be fair, we did hear from the consumer organisation Choice, who did offer some support for that proposition. I argue that this works in reverse, though, where superannuation is concerned. It is much more difficult for a consumer to figure out they should present their superannuation complaint to something called the Australian Financial Complaints Authority than—</para>
<para>Debate interrupted.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>ADJOURNMENT</title>
        <page.no>110</page.no>
        <type>ADJOURNMENT</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>New England By-Election, Bennelong By-Election</title>
          <page.no>110</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:20</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Last Saturday, the people of New England returned Barnaby Joyce to his rightful place as for member of New England. It was a huge victory and all the Labor lies about selling off Medicare and cuts to school funding did not help Labor one bit—an 11 per cent primary vote. The voters saw through the mistruths, which brings me to Saturday, 16 December, when John Alexander, who showed plenty of integrity by standing down over his citizenship, seeks to retain his seat against a Labor candidate who reigned over the darkest times in New South Wales politics.</para>
<para>It is well-documented that Kristina Keneally led a Labor government that suffered a 17 per cent swing across the state, and Ms Keneally had a swing against her of 16.6 per cent in her own seat of Heffron. What did she leave us? She left a state with the highest unemployment rate in the country and lowest economic growth. Of course, Ms Keneally will forever be known as the Premier who reappointed Ian Macdonald to the ministry. Let's remember, Ian Macdonald's place in history.</para>
<para>In 2008, Doyles Creek Mining was awarded an exploration licence by the then Minister for Mineral Resources in New South Wales, Ian Macdonald. The licence was awarded to former CFMEU National President John Maitland, who is now serving six years in prison. Ian Macdonald had granted the coal exploration licence without opening it to competitive tender. On 15 November 2009, the then Premier, Nathan Rees, sacked Ian Macdonald from cabinet. Nathan Rees had signed his own death warrant, and on 3 December 2009 a spill was called for the Labor leadership. That morning Nathan Rees said:</para>
<quote><para class="block">Should I not be Premier by the end of this day, let there be no doubt in the community's mind, no doubt, that any challenger will be a puppet of Eddie Obeid and Joe Tripodi.</para></quote>
<para>That puppet turned out to be Kristina Keneally, and it wasn't long before Ian Macdonald was back in cabinet—how strange!</para>
<para>It is history that in 2013 ICAC found that Mr Ian Macdonald, Mr Eddie Obeid, Mr Joe Tripodi and Mr Tony Kelly had engaged in corrupt conduct. Both Eddie Obeid and Ian Macdonald were sentenced to jail. There are questions Ms Keneally still has to answer. What knowledge did Ms Keneally have about the approval of the Doyles Creek Mining lease before reappointing Mr Macdonald to cabinet? What steps did Ms Keneally take to investigate this matter before she appointed Mr Macdonald to her cabinet? Who did Ms Keneally speak with about the appointment of Mr Macdonald to cabinet? Did Ms Keneally make any inquiries with the relevant New South Wales department about the procedures that had been followed in awarding the Doyles Creek Mining licence?</para>
<para>The by-election in Bennelong comes down to integrity: the integrity of John Alexander, a former tennis champion who has worked hard for Bennelong but took the honourable step of standing down, or the integrity of a former Labor Premier with dubious links. Ms Keneally didn't have the great start to her campaign—criticising her own party's policy. She claimed that in 2015 the Liberals shut down the Eastwood office of Medicare. Imagine her embarrassment when someone whispered to her that it was actually Labor policy that shut the office.</para>
<para>We saw in New England last Saturday that voters want the truth. They want their political representatives to be fair dinkum with them, and they don't want to be promised something that can't be delivered. They can see through those who aren't genuine. I'll be in Bennelong on Saturday, 16 December, to support John Alexander. He was a champion on the court, and he's a champion for his people. He needs to be returned to his rightful place as the member for Bennelong, as part of a strong Turnbull-Joyce government.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Workplace Relations</title>
          <page.no>111</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:24</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I'd like to do a quick shout-out tonight to the workers and unions that I met today in Parliament House. I had a fantastic meeting with a bunch of fellows, and Ruth from the ETU, who came to talk to me about their picket down in Longford, in Gippsland in Victoria, at Exxon—167 days now. It is one of the world's largest oil and gas companies. Indeed, I think it is the largest oil and gas company in the world. Basically, it is undermining their wages and conditions by using loopholes in the Fair Work Act, and sham contracts and contract companies. They're picketing for their jobs and their conditions. They pointed out to me today, and they want to point out to every other senator and MP in this place and, indeed, every Australian, that the company which employs them and which can't afford to pay them decent wages and conditions, this company that's penny pinching at every opportunity that it possibly can, is also not paying tax in this country. Despite being one of the largest oil and gas companies in the world, they say that they haven't paid a cent in corporate income tax in Australia in the last two years, and possibly longer. They had revenue of $7.2 billion in 2016 and had increasing production and skyrocketing domestic gas prices in Australia.</para>
<para>They told me today that the Longford gas plant, where they've had their picket now for 167 days, and the related gas fields supply 19 per cent of the demand of the east coast of Australia. Exxon has stated that 2016, last year, was the highest gas production year ever. They also made it clear to me that ExxonMobil Australia Pty Ltd, the primary Exxon entity in Australia, is owned through subsidies in the Bahamas and the Netherlands. Remember the 'Paradise Papers'? Remember the debates that we've had in committees and inquiries about multinational tax avoidance? They've hidden their corporate structure from the Senate inquiry into corporate tax avoidance, which I happen to be on—in fact, I and the Greens initiated that inquiry—and they've failed to disclose the Dutch and Bahamian ownership in Australian filing. The same committee that I and other senators are on will be looking at Exxon. We have hearings coming up next year, and we're going to do our job and try to hold Exxon to account to pay the tax that they owe the Australian people.</para>
<para>Today, the workers and the unions also raised the issue of the petroleum resource rent tax. They want the resource rent tax changed. There is $238 billion in tax credits across our oil and gas companies in this country; that is $238 billion in tax that hasn't been paid and has been offset because of the overly generous—in fact, ridiculously generous—deductions that this government and previous governments have given the big polluters in Australia. Imagine what we could do with $238 billion if it was paid into our tax system. That's seven or eight Gonskis. It's incredible to think about how much money these oil and gas companies don't pay—and here they are, underpaying their workers, undercutting their working conditions. It really is outrageous.</para>
<para>I was really pleased to meet these guys today. I want to give a special shout out to Steve Dargavel from the AMWU Victoria branch—he's a state secretary—Ruth Kershaw from ETU Victoria, whom I've had many dealings with over the years, especially around the Trans-Pacific Partnership Agreement, and the other five union reps and workers that I met today. Good on you, guys, for standing up for your rights and conditions and making sure that Australians and every member of parliament know that this giant, ExxonMobil, is not paying a cent in corporate tax. Of course, they're one of the many hungry polluters—petrochemical companies, oil and gas companies—in this country that don't pay any petroleum resource rent tax. Why is that the case?</para>
<para>The Greens support these workers. We support tackling multinational tax avoidance. Former senator Christine Milne was the first to initiate the Senate inquiry that has led to some fantastic legislation in this place and some changes. We've got a long way to go. I and the Greens initiated the current inquiry that's looking at the petroleum resource rent tax. We heard great evidence in our hearing in Perth about how Chevron don't pay a cent in tax, either. They have now been tackled by the Australia tax office. The Australian tax office, I hope, now have Exxon in their sights. The Senate committee certainly does. We'll be calling the CEOs of Exxon before us to explain why they're not paying any corporate tax and why we should have this system, the petroleum resource rent tax, which doesn't pay a single cent to the Australian people who own those resources, in this country.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Workplace Relations</title>
          <page.no>111</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:29</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>A few weeks ago, I spoke in this chamber about the attempts by Streets ice cream to play the Fair Work Commission system, trying to terminate the 2013 staff agreement and offering significant pay cuts and loss of conditions. Fortunately, since then, Streets has withdrawn its termination application to the Fair Work Commission and has reached an in-principle agreement that it will protect pay, shifts and conditions. This backdown was in response to the strong public support for the Australian Manufacturing Workers' Union campaign to boycott Streets ice cream. I would like to acknowledge the work of the AMWU and all of the unions who drove that campaign, and the support of the Australian community to upholding Australian values and fairness. That is what unions are for, that is what they achieve and that is why it is so very wrong that the people in this chamber who sit on the other side attack unions every single day that we come to this place.</para>
<para>Unfortunately, Streets isn't the only one. There are other employers trying to work their way around the Fair Work Act in ways that are simply not fair. Tonight, I want to bring attention to the way that Esso, its contractors and its subsidiaries are trying to work their way around the Fair Work Act in a different but no less troubling way. I met with delegates from the ETU, the AWU and the ANWU this week who have been out on strike and locked out of their workplace for hundreds of days. Esso, the Australian subsidiary of ExxonMobil, processes oil and gas from the Bass Strait at their Longford plant in Gippsland. But in May—as long ago as May—the company that Esso outsources its maintenance to, UGL, suspended negotiations with around 200 maintenance workers. They created a process that required workers to sign new contracts with a subsidiary company—a shelf company no-one had ever heard of before—throwing all of the agreed pay conditions, all of the shift arrangements and all of the workplace conditions out the window.</para>
<para>The proposed enterprise agreement that was offered by this UGL subsidiary, MTCT Services, offered up to 30 per cent less pay and conditions, and no restrictions on roster arrangements. This isn't just a tough choice. It's no choice at all. This doesn't sound like negotiation in good faith. This does not sound fair. And this does not sound to me like it is in the interests of the Australian community. This is not how workplaces ought to work. Labor is committed to reform to stop employers gaming the system. Even more bitter for these communities facing difficult and challenging times are the allegations levelled about Esso's corporate structures, which, it is alleged, seek to minimise tax payments. If the reports are true, in the last two years Exxon has reported $18 billion of revenue whilst paying no corporate tax.</para>
<para>The Senate Standing Committee on Economics—I'm a member of that committee—has, for some years, been investigating corporate tax avoidance. Today the Senate has agreed to extend the reporting date of that inquiry to allow the committee to continue its work. In light of these allegations, in light of this analysis, my very strong view is that the committee should examine these allegations. The committee should examine the allegations that Exxon has engaged in aggressive corporate tax avoidance.</para>
<para>I fear that this won't be the last time that I rise in this chamber to talk about the ways employers are working around the safeguards of the Fair Work Act and it won't be the last time that I rise here to talk about the ways big companies are seeking to avoid their tax obligations—and, in doing so, seeking to deprive all Australians of the revenue that government needs to provide hospitals, schools, infrastructure and apprenticeships. I commit that I will continue to draw attention to these attacks on Australian workers and Australian families. A Labor government will fix the Fair Work Act to stop employer attempts to work around the principle of fairness. We will continue the reforms that we began in government to ensure that corporations pay their fair share of tax.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Law Enforcement</title>
          <page.no>112</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:34</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Decades ago, when I was hosting the eponymous <inline font-style="italic">Hinch</inline> current affairs program on television, I nicknamed Adelaide 'suppression city', because their magistrates and judges seemed to issue more suppression orders involving convicted sex offenders than any other state capital. That dubious title has since been claimed by Melbourne, where our judges seem to scatter suppression orders like legal confetti. These suppression orders, which in the past I have defied—in the public interest, in the name of community safety—have got me into a lot of trouble, even jail and house arrest.</para>
<para>When I founded the Justice Party, one of our main policies was, and still is, the setting up of a national public register of convicted sex offenders—an Australian version of Megan's Law, which has been operating nationally in the United States for more than 20 years. I've already got a name for it: Daniel's Law, after Daniel Morcombe. He was abducted near a bus stop in Queensland, abused and murdered in 2003. He was kidnapped and killed by a man with a criminal record for sex crimes involving children in the Northern Territory.</para>
<para>When Victorians elected me to the Senate, I said that, in the absence of such a public register, I would, when warranted, use parliamentary privilege to name a convicted sex offender—and I plan to name a rapist tonight. There was a case revealed on page 1 of the <inline font-style="italic">Herald Sun</inline> yesterday under the headline, 'Doctor stalker. Female GPs warned about evil sex pest'. And then the kicker: authorities can't reveal the attacker's identity. His name was suppressed by the court. You have to ask: why are a rapist's rights more important than a victim's or a possible victim's rights? The story, picked up by 3AW's Neil Mitchell and lawyer Justin Quill—who feels as passionate about this issue as I do—said:</para>
<quote><para class="block">ONE of Victoria's worst sex offenders is feared to be stalking female doctors after slipping away from supervision at Victoria's 'village of the damned' for a string of GP visits. Police and the Australian Medical Association have issued warnings about the convicted rapist after several female GPs were placed in 'dangerous and unacceptable situations' during recent consultations in Melbourne's northern suburbs.</para></quote>
<para>Although he has a history of raping, stalking and assaulting women, court orders—which I believe to be dangerous, irresponsible, court orders—prevent the AMA from revealing his identity to medical centres so they can stop these appointments. The <inline font-style="italic">Herald Sun</inline> also reported that it could not name him.</para>
<para>Well, I can and I will. This convicted rapist is 40-year-old Kyle Patterson. He has been living, supposedly under supervision, at Corella Place, the so- called 'village of the damned' near Ararat. Patterson has repeatedly travelled to Melbourne demanding to see only female doctors at clinics in the Preston, Brunswick and West Brunswick areas over the past four months and sometimes unaccompanied. AMA Victoria president Lorraine Baker has said that it is unacceptable more is not being done to protect GPs from the man, particularly in private one-on-one consultations. She said:</para>
<quote><para class="block">The police have been informed, but appear limited in their powers to assist.</para></quote>
<para>That really is noddy land—a dangerous noddy land.</para>
<para>Female GPs have been exposed to a stalker who has a history of raping, stalking and assaulting women. It is alleged that Patterson has lied about being a regular patient of specific female doctors so that he can avoid being booked in to see their male colleagues. Patterson was convicted on two counts of rape in 2008 after sexually assaulting his housemate's partner. He was also convicted of assault in 1995, which experts believe had a sexual element. He also has a background of crimes of violence, stalking and breaching intervention orders, and has committed crimes while on bail. Following concerns over a series of separate consultations, the AMA emailed its members to warn them of the stalker's behaviour and criminal history, but was not allowed to reveal his identity. In the past fortnight, clinics have again been contacted by police to inform them he is again travelling to Melbourne with the intent of seeing female GPs.</para>
<para>As well as being rated one of Victoria's serious sexual offenders, Patterson is considered to have an intellectual disability—but not so bad that he didn't enter a neighbour's property with the intention of a sexual attack after watching pornography; not so mentally impaired that he waited until his housemate had gone out before raping his girlfriend; not so mentally impaired that he knew what he was doing was wrong and he actually said sorry to the young woman after that brutal attack. And yet he gets his name suppressed and his identity hidden. Well, not anymore. Just remember the name—especially if you are female doctor in Melbourne. His name is Kyle Patterson.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Broadband</title>
          <page.no>113</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:39</time.stamp>
    <name role="metadata">Senator STEELE-JOHN</name>
    <name.id>250156</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>To speak of the National Broadband Network is to speak of an infrastructure tragedy the likes of which we have not seen in this country in many years. It is to speak of an entire generation—indeed, an entire nation—that is being dealt out of the opportunities of the technological revolutions that surround us in our region by a government which lacks the vision, energy and technical literacy to take advantage of it.</para>
<para>The National Broadband Network was brought into existence in order to address one of the main failings of the Howard government: the failure to invest in telecommunications technologies that were necessary in order to allow Australia to take advantage of its place geographically in the region and of the opportunities of the technical economy. Since it has come under the stewardship of the coalition government, it has been victim to a catalogue of ideologically driven, technically illiterate solutions to mostly non-existent problems, resulting in a project which is now chronically behind schedule, delivering services which are in many cases worse than those which were being utilised by people before they came under the purview of the corporation.</para>
<para>In my role as the NBN spokesman for the Greens, I've already been inundated by people contacting me in relation to the issues and experiences they've had with the NBN. In the words of one:</para>
<quote><para class="block">Despite paying $10 a month more for what is supposed to be the same speed as pre-NBN, it is definitely not the same speed. I experience delays and buffering issues with streaming and accessing documents from the cloud. I think it's a huge rip-off that ISPs can charge more money for an inferior product. We are on fibre to the node and wish we could go back.</para></quote>
<para>In the words of another:</para>
<quote><para class="block">My parents had issues with NBN installation. Their first order was cancelled, their second order was cancelled, and then Telstra disconnected their landline in preparation for installation. Apparently the installers went to the wrong address. Then the third order was cancelled. Now they are saying that there is no actual NBN readiness in their location, and they are still trying to get their landline back up again, but Telstra want to charge them a connection fee.</para></quote>
<para>In the words of one who put this issue in a way that even the coalition could understand:</para>
<quote><para class="block">No infrastructure, no innovation, no business.</para></quote>
<para>It is a national tragedy in so many ways that this product has been so comprehensively mismanaged. It is for my generation the key to accessing so many of the things which will enable our future to be brighter, from healthcare services to education services and beyond. Particularly for people with disability, it represents the opportunity to become far more socially connected than we might otherwise be and to access various medical treatments in a far more timely fashion.</para>
<para>The nature of the corporation at the moment is a disgrace. The failings which it is seemingly unable to rectify, brought about by the government's quite ludicrous perusal of a multitechnology mix which will be obsolete by the time it is completed, and the obsession with node technology, which is the modern equivalent of fitting phone boxes at the end of the street instead of connecting people to a landline, will become known as one of the greatest missed opportunities in Australian political history.</para>
<para>I will finish with a quote from a constituent which is both poetic and poignant. They said:</para>
<quote><para class="block">Sadness is waking up to discover the NBN is slower than the ADSL. Anger is knowing that they knew it when they laid the cables. Disgust is knowing that it didn't need to be this way.</para></quote>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Asylum Seekers</title>
          <page.no>114</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:44</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I want to speak tonight about the terrible and heart-wrenching case of Arash Shirmohamadi. Arash is an Iranian refugee. He's currently held in Australia's offshore detention system on Nauru. Arash married his wife on Nauru. She became pregnant and was brought from Nauru to Australia for health reasons last year while she was still pregnant. Arash is in a terrible situation where he can't come to Australia. Because he's currently separated from his wife and his child, who was born healthily in Australia, Arash has been told by the Australian immigration department that he can apply for the US people-swap deal, the resettlement option that is being offered to some genuine refugees on Manus Island and Nauru, but that he cannot apply for that deal with his family.</para>
<para>The immigration department have told Arash that he simply has two options here: he can bring his family to Nauru and they can go through the US resettlement application process as a family, or his wife and daughter can stay in Australia but Arash has to give up custody of his child and be processed as a single man. Arash says, and it is certainly the case, that his wife cannot return to Nauru, because of ongoing concerns over her physical and psychological health; and, quite understandably, Arash is refusing to bring his daughter, who has never left Australia, to Nauru, because, as he says, 'My innocent baby, there is no future for her in this hell.'</para>
<para>Arash has been left with an impossible choice because of the actions of the Australian Department of Immigration and Border Protection and the Minister for Immigration and Border Protection, Mr Dutton. Right now, there are officials on the ground in Nauru who are processing applications for people who applied for the US people-swap deal. How must Arash be feeling? He has been asked to make a totally impossible choice, a choice that not one senator in this chamber would ever want to make: a choice between family and freedom.</para>
<para>Immigration minister Peter Dutton could solve this horrendous situation with the stroke of a pen. I beseech him to review this case and the decisions that the immigration department has made in relation to Arash and his family. Minister Dutton needs to intervene and find a way for this family to be reunited and have a chance at freedom and safety together as a family. He needs to either allow Arash's family to apply for the US deal—without Arash's wife and daughter leaving Australia and going back to Nauru—or allow Arash to come back to Australia to be in the arms of his family and to hold his baby daughter for the first time. To do anything other than one of those two options would constitute wanton cruelty and an abject abandonment of humanity and compassion.</para>
<para>I beseech the immigration minister to step in here to end this tragic situation where he is requiring, because of his actions, a man to decide between his daughter, who he has never seen and never held, and his freedom, which has been denied to him by Australia for nearly five years now because of being detained in our offshore detention system in Nauru. Nobody in this place would like to make that choice, but it is a stark reality that Australia's offshore processing, offshore detention and Operation Sovereign Borders policy framework is not only creating humanitarian calamities and costing lives, liberty, freedom and mental and physical health but also ripping families apart and destroying families. Peter Dutton needs to intervene here, and he needs to intervene now.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Bennelong By-Election, Inequality</title>
          <page.no>115</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:49</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to make some remarks about the inequality that exists in Australia and concerns that the gap between the rich and the poor is at a 70-year high. Hardworking Australian men and women are struggling with the cost-of-living pressures under the Turnbull government, and they're particularly doing that right now in the seat of Bennelong. They're struggling with rising costs of energy, and the people of Bennelong have a chance to do something about that on Saturday, the 16th.</para>
<para>They're struggling with higher house prices in Bennelong—</para>
<para class="italic">Senator Williams interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>122087</name.id>
  </talker>
  <para>Order, Senator Williams!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
  </talker>
  <para>The voters of Bennelong have an opportunity to do something about that on the 16th of this month and return a new member to this place in the form of the former Premier of New South Wales, the great Kristina Keneally.</para>
<para>I am sad to say that I'm not at all surprised that these terrible pressures that exist on Australians don't even seem to register with the Turnbull government. The government doesn't even believe that there's a growing gap between the rich and the poor. It doesn't think we've got a problem with growing inequality. You don't have to take my word for it; it's on the public record, with the Treasurer of the country saying, 'Inequality—it's actually got better,' indicating that he's happy with the growing gap between the haves and the have-nots in Australia. Better? Really? That's what they think across there. The people of Bennelong, on 16 December, have a chance to send a message to this out-of-touch government that simply doesn't understand the reality of the pressures of house prices, energy prices and the growing gap payment that people have to make to get health care because of the attacks on Medicare and the freeze that this government has inflicted on Australians.</para>
<para>I don't know who the Turnbull government is talking to, but it's not talking to ordinary Australians. If it's talking to them, it's certainly not listening to them. Australians are barely experiencing any growth in their wages. Just last week, the RBA Governor, Philip Lowe, said:</para>
<quote><para class="block">Growth in average hourly earnings … is running at the lowest rate since at least the 1960s.</para></quote>
<para>That's a statement from the RBA Governor. They're the facts about which this government remains in denial. Mr Lowe said that Australians are more likely to be in insecure work and facing rising cost-of-living pressures. That is the reality that's emerging in Australia on the watch of this Liberal-National government, which continues to deny it. Instead of tackling these issues, the Turnbull government is solely focused on implementing more of the failed trickle-down economic policies that are their signature. They actually believe that cutting company taxes to the tune of $65 billion, $7 billion of which will go to the banks, will somehow trickle down and help ordinary Australians. They're choosing big business and the top end of town over the protection of penalty rates. They want average Australians, struggling to earn a decent wage to support their families, to face an income tax hike. That's it: tax cuts for the big businesses, but let's put a tax hike on the hardworking, ordinary Australian family, and, at the same time, let's see what they do with a tax cut for millionaires. We know the government said that it had a bit of a problem with its debt and deficit, so it decided that those people who had a pretty high income should pay a little bit more. Recently it decided that wasn't a problem, so high income earners got a tax cut. These are the signature policies and implementations of a government that reveals it's simply out of touch.</para>
<para>When Labor argues for better protections for hardworking Australian men and women, those opposite say we're killing aspiration. You know what kills aspiration? It's not being able to afford food and a roof over your head. You know what kills aspiration? Not having a decent wage and a secure job so that you can go out and get a car loan—being permanently in casual employment while the government tells Australians it's okay. 'You're better off having a job at all with less pay,' I've heard it said in this chamber. The problem is that people cannot make ends meet, and further policies are entrenching all of this action by the government to make it harder for Australians to get on their feet and get ahead.</para>
<para>Just last month, Assistant Governor (Economic) of the Reserve Bank of Australia, Luci Ellis, said:</para>
<quote><para class="block">… liberalisation and reform are not ends in themselves. The focus must be on the end goal, the welfare of the population. If a specific reform doesn't deliver that, it ought to be modified …</para></quote>
<para>That was the advice that was given on 15 November in a speech entitled 'Where is the growth going to come from?' It's absolutely time for this government to have a rethink about its neo-Liberal agenda. But we'll have to wait, because I haven't seen any signs of that developing. In the meantime, whilst the Turnbull government plays catch-up to the rest of the Australian population, who knows things are pretty tough out there for hardworking men and women, it's left to Labor and other people of good conscience to protect the workers of this country. The government should be undertaking this task, but instead they've hived it off to the employers, to the marketplace. That is not a sound policy to follow. As the RBA Governor, Philip Lowe, said:</para>
<quote><para class="block">Businesses are not bidding up wages in the way that they might once have.</para></quote>
<para>In that context, unions have a fundamental role to play in ensuring that Australians earn a decent wage. For instance, the SDA, the largest union in Australia, has a long and proud history of securing rates of pay and conditions of employment for retail and fast food workers which are amongst the very best in the world. Improving and defending the award safety net is vital, and the SDA has been at the heart of this work for over 100 years. Recently we have seen the SDA advocate for fairer outcomes for those working at Domino's. This week I have made some comments in this chamber about the SDA's campaign to make sure that people who are working in retail industries, particularly over this Christmas period, are treated with due respect in the work that they do. Sadly, too many of the people in our retail sector are being subjected to sexual harassment in their workplace. It's not on. It's not okay.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Ruston</name>
    <name.id>243273</name.id>
  </talker>
  <para>So is that our fault?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
  </talker>
  <para>We can lead on these things—and I will take Senator Ruston's interjection. It's not your fault? Well, it is your fault if you don't do something about it. We've had people in here talking about domestic violence. We've talked about violence against women. If it's happening in our shops, we need people to stand up with regard to it. We'll be waiting a long time before this government even thinks that is their job, let alone determines to do something.</para>
<para>Whilst the Turnbull government fights to cut taxes for millionaires and big business, it's left to Labor and the unions to defend penalty rates. The Labor Party believes that penalty rates remain a fundamental part of a strong safety net for Australian workers. They allow low-income workers and those working in casual employment to have a decent wage. Employer associations have for years been trying to abolish weekend and penalty rates for low-paid workers. Each time they've done that, standing in the way of their attacks on fairness, standing up for workers, were unions such as the SDA. In the last two years alone, the SDA union has, sadly, had to spend over $2 million on legal fees and on expert witnesses, reports and other ancillary costs related to the Fair Work Commission penalty rates case.</para>
<para>We had people in this place and the other place talking a big game in terms of how they were going to take on the banks, going to do the right thing by Australians. The member for Dawson was going to stand up for the working people and make sure that Australians got their penalty rates. And what did we see? He rolled over in his gear, with his whip, and he had his tummy tickled. He did nothing. He walked away. In fact, this week he has actually declared himself to have told lies. Fancy that! Fancy telling lies to the media of Australia. But, worst of all, he has lied to the people who believed that he was going to stand up for their penalty rates. Even the ones who say that they are going to stand up for the penalty rates on the other side, even the Nationals—who I definitely have a bit more time for than the Liberal Party with regard to this—have let ordinary working Australians down.</para>
<para>That's why the work of the SDA is so important. There's a huge investment of union funds in resources and money to make sure that the good work that needs to be done to support workers and protect their interests is actually undertaken. The SDA is certainly investing in looking after working men and women in places like Coles and Woolworths. Why? Because they understand that hardworking Australians cannot afford a pay cut and they don't deserve one either. The individuals working on weekends are giving up valuable time with their families—their parents, their children—and other loved ones to ensure that they can put food on the table and a decent roof over their heads. The opportunity cost of working is significantly higher on those who work on weekends. It's curious that those opposite, who continue to talk about the value of family and community, do not see weekends as different to weekdays. Kristina Keneally, running for the Labor Party in the seat of Bennelong, is a person who can bring fairness and equity to this place. I urge people in the seat of Bennelong to give her their support on 16 December. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Family Matters Report 2017</title>
          <page.no>116</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>19:59</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I rise tonight to speak about the escalating crisis of Aboriginal and Torres Strait Islander children in out-of-home care. Last week in the Great Hall, the National Voice for our Children released their annual report, <inline font-style="italic">The Family Matters report</inline><inline font-style="italic"> 2017</inline><inline font-style="italic">: measuring trends to turn the tide on the over</inline><inline font-style="italic">-</inline><inline font-style="italic">representation of Aboriginal and Torres Strait Islander children in out-of-home care in Australia</inline>. I seek leave to table this report.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
  </talker>
  <para>To the shame of this entire nation, last year's Family Matters report found that the number of Aboriginal children in out-of-home care was, most likely, going to almost triple within the next 20 years. This year, the projection has become worse—would you believe! It will more than triple by 2036. Shamefully, children in out-of-home care, particularly Aboriginal and Torres Strait Islander kids, continue to be let down by all levels of government. The number of Aboriginal children in out-of-home care continues to rise year on year, and it's at such a state of crisis many are calling them the second stolen generation. Next year will be the 10th anniversary of the apology to the stolen generations, and this year was the 20th anniversary of the <inline font-style="italic">Bringing them home</inline> report. At the time of the apology, the government promised:</para>
<quote><para class="block">A future where this Parliament resolves that the injustices of the past must never, never happen again.</para></quote>
<para>Yet it is happening again. It's happening right before our eyes, and, on top of this, most of the recommendations from that 20-year-old <inline font-style="italic">Bringing them home</inline> report have still not been implemented.</para>
<para>Although we, as a nation, have apologised for the trauma and hurt that happened in the past, these practices of removing children from their families continue. <inline font-style="italic">The Family Matters report</inline> has found that Aboriginal and Torres Strait Islander children and their families continue to be grossly overrepresented in child protection and out-of-home care systems, and experience significant inequality on key indicators of social and economic disadvantage that contribute to entry and exit from out-of-home care. At the same time, they are underrepresented in universal and targeted services that could act to prevent their increasing rate of contact with child protection services. In my home state of Western Australia, Aboriginal children are 17.5 times—yes, 17.5 times!—more likely to be in out-of-home care than non-Aboriginal children. This is up from 16.5 per cent last year. This rate is higher than anywhere else in the country. It is appalling, and it needs to change.</para>
<para>The report has found that children are commonly not being appropriately placed in care—that is, the Aboriginal and Torres Strait Islander Child Placement Principle is not being followed. This is leading to a loss of connection to family and community, culture and country. Further, our first peoples are not being included in child protection decision-making, and this is to the detriment of these children.</para>
<para>Some key findings of the report include that Aboriginal and Torres Strait Islander children are overrepresented in the system at virtually every decision-making point in the child protection system that is currently reported at the national level. In 2016, Aboriginal and Torres Strait Islander children were 9.8 times more likely to be residing in out-of-home care than non-Aboriginal children. That's an average; it's worse in various states, as I've just articulated, for example, in WA.</para>
<para>In 2015-17, only 17 per cent of overall child protection funding was invested in support services for Aboriginal children and their families. Only two per cent of Aboriginal children commenced an Intensive Family Support Service in 2015-16. The proportion of Aboriginal children placed with family, kin or other Aboriginal carers has continued to decrease over the last 10 years and is down to 67 per cent. There is strong evidence that early care and environmental factors have critical impacts on later health and wellbeing, and that interventions will be more effective the earlier in the lives of children they can be applied. What we're seeing in our system here in Australia, however, is the government putting money in the out-of-home care stage. They spend a lot of money there, and, when there needs to be cuts, the funding cuts come from those early intervention and family support services. We should be focusing on preventative measures so we can stop children having contact with the child protection system and ending up in out-of-home care.</para>
<para>The findings of the report are a reflection of the failure to properly support, help and protect Aboriginal children. They are the result of systemic failings and failures by government at every level to use resources on preventive rather than reactive measures. There are nine key recommendations in <inline font-style="italic">The Family Matters report</inline>, but there are several factors in many of them. Some of the recommendations are: the development of a comprehensive Aboriginal and Torres Strait Islander children's strategy that includes generational targets to eliminate overrepresentation; strong investment in a strategy and target for supporting preventive and early intervention services; sustainable funding for a dedicated Aboriginal and Torres Strait Islander community controlled early years sector; and national standards and legislation to ensure changed practices in the family support and child protection system so that it adheres to all five elements of the Aboriginal and Torres Strait Islander Child Placement Principle. That is absolutely critical, and there are five key areas that that needs to apply to. We need to commit to a sustained increase in investment in family violence response and prevention, with a key focus on resourcing Aboriginal and Torres Strait Islander community controlled organisations. We also need better development and publication of data to better measure the situation and respond in a timely manner to the issues that need to be addressed. And we need to establish state based commissioners, peak bodies and other representative bodies for Aboriginal and Torres Strait Islander children.</para>
<para>This report makes the point that, through COAG, all governments need to commit to a national strategy and generational targets to address the causes of Aboriginal and Torres Strait Islander children being removed from their families. I've got to say here, though, that people are sick and tired of hearing the Commonwealth government blaming the states and territories and the states and territories blaming the Commonwealth. It's about time we put the interests of children first and overcame the constant ping-ponging between organisations.</para>
<para>I referred previously to supporting children early, and I make the further point that the evidence overwhelmingly shows that, the earlier you provide family supports and services, the brighter the prospects for these children. Evidence strongly supports the importance of Aboriginal participation and self-determination in service design and delivery to achieve positive outcomes for Aboriginal children and families. It is absolutely critical that Aboriginal and Torres Strait Islander peoples determine the services that they are controlling and delivering to support Aboriginal and Torres Strait Islander families and children.</para>
<para>The evidence is also clear about the need to maintain strong links to family and culture. It is an essential part of the Aboriginal and Torres Strait Islander Child Placement Principle I was talking about, putting children at the centre and ensuring that we have community led decision-making and service delivery.</para>
<para>The other key part of this report by Family Matters is their roadmap, which proposes four interrelated building blocks, underpinned by evidence and ethics, detailing the systemic changes needed to achieve this aim:</para>
<list>All families enjoy access to quality, culturally safe, universal and targeted services …</list>
<list>Aboriginal and Torres Strait Islander people and organisations participate in and have control over decisions that affect their children</list>
<list>Law, policy and practice in child and family welfare are culturally safe and responsive</list>
<list>Governments and services are accountable to Aboriginal and Torres Strait Islander people</list>
<para>This has been carefully documented. It has been carefully worked out by Aboriginal and Torres Strait Islander peoples. They are further developing what needs to be done. Government needs to listen, take it on board and act now before we have another stolen generation.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Aged Care</title>
          <page.no>118</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:09</time.stamp>
    <name role="metadata">Senator POLLEY</name>
    <name.id>e5x</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I rise this evening to speak yet again about the Turnbull government's blatant disregard and disrespect for the care of older Australians. Here we are at the end of another year—it's now almost five years that the Liberals have been in government—and nothing has changed when it comes to ageing and aged care. Older Australians are still not a priority for this out-of-touch government.</para>
<para>The responsibility for ageing is still being put in the too-hard basket, and the ageing portfolio is in the hands of a minister with no clout. The Minister for Aged Care doesn't have a voice at the cabinet table, and there's no weight behind the portfolio. The Turnbull government certainly leaves a lot to be desired when it comes to the care of vulnerable older Australians. When it comes to the ageing portfolio, all we've seen from this out-of-touch government is the removal of the Aged Care portfolio from cabinet, with the minister responsible, Mr Ken Wyatt, shouting from the sidelines to be heard; a string of heartless cuts to the funding; a mounting pile of reports and reviews awaiting a formal response; and a growing number of people waiting in limbo to receive home care.</para>
<para>At Senate estimates in October, we heard that the federal government really is living up to its do-nothing reputation, after departmental officials confirmed that there were at least six reports and reviews gathering dust on the minister's desk awaiting a formal response. In total, it really is about 10 reports and reviews waiting for a response. Obviously feeling the heat, those opposite have shown some movement, but it's nothing to jump up and down about—believe me! A few weeks ago, they released the findings of the review of the National Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Ageing and Aged Care Strategy and the culturally and linguistically diverse aged-care strategy review.</para>
<para>Earlier today, they tabled a response to the Senate Community Affairs References Committee report on the care of younger and older Australians living with dementia and behaviour and psychological symptoms of dementia inquiry. The report for this inquiry was tabled almost four years ago, on 26 March 2014. That was four years ago, and the Liberals tabled their response only today—and what a weak and unsubstantial response it was, offering another example of the government abrogating their responsibilities when it comes to the Aged Care portfolio. While it's refreshing to finally get an official government response—even though it's four years later—this is just a small drop in the ocean, and there is still a long list of important documents that the Minister for Aged Care needs to respond to.</para>
<para>Two major pieces of work that have recently been added to the minister's growing pile of reports and reviews are the Tune review, the aged-care legislated review, and the Carnell review, a review of the national aged-care quality regulatory processes. The government's go-slow response to both reviews is completely inadequate. Seriously; how many reports is it going to take for this government to take action and show some leadership in this policy area? The David Tune review, tabled in parliament in September, reaffirmed the government's support for implementation of home-care changes introduced on 27 February 2017. This review also confirmed that there are almost 90,000 older Australians who are unable to access home-care packages, including 68,000 people with high needs. There's a large number of vulnerable older Australians with dementia waiting for home-care packages.</para>
<para>To date, the government has been unable to reassure us that there is going to be any improvement in the situation—and, quite frankly, this is beyond a joke. We're talking about real people. We're talking about people such as the 92-year-old man with high-level needs who was told he would have to wait 18 months for a level 4 home-care package. And a woman contacted my office because her mother is still waiting for a level 4 home-care package—the highest level of home-care package currently available—that she was approved for 12 months ago. This is totally unacceptable.</para>
<para>When will we see action, Minister? That's the question that I'm putting to the minister, and that's the question that needs to be put to the Prime Minister. The buck stops with the minister of the day, and the buck stops with you, Mr Turnbull—you're the Prime Minister. If your ministry is incapable of acting, the Prime Minister needs to step in. The government says that things have improved, but people in the community are still being admitted to hospital or are in residential care while they wait for a home-care package.</para>
<para>Instead of fixing the problem and responding to the Tune review, the government's underwhelming response has been to reject two of the 38 recommendations and to convert level 1 and 2 packages for home care into 6,000 higher needs packages. But no new funding has been committed, and we still have some 62,000 packages short of the current demand for higher level packages. That's 62,000 older Australians who are in need of the level 4 package who still can't access one. The situation with the waiting list for home-care packages requires urgent attention from this government. Quite frankly, Australians deserve better, particularly older Australians and their families and carers.</para>
<para>The other major review gathering dust on the minister's desk is the Carnell review, a review of the national aged-care quality regulatory processes, which again reaffirmed what the government should have already known, that the accreditation process for providers is failing older Australians. You only have to look at what's happened in South Australia if you want any more evidence. It's completely unacceptable that the government has only acted on one of the review's 10 recommendations. To date, the only thing the government has committed to is to not tell providers when their reaccreditation will be. Given that providers already pre-empt reaccreditation every three years, it's completely ineffective. It's a blunt instrument, and it just doesn't cut it, Minister.</para>
<para>Has this government no shame—really, no shame at all? These are some of the most frail and vulnerable people in our society that we're talking about. That's why I keep coming into this place on this matter. My question is to the minister: why call for this review and then fail to act or give any time frame for action on the remaining recommendations? The Turnbull government is failing older Australians. The disinterest has allowed this system to fail older Australians. I make no apologies, none whatsoever, for demanding that the government ensure all Australians have access to safe, adequate and quality care as they grow old. It's absolutely vital that families can have faith that their loved ones will be safe and receive high-quality care.</para>
<para>Let's not forget that the Howard government were in power for 11 years and they did absolutely nothing in relation to aged care, because it all became too hard for them. They had to wait until a Labor government was elected and then we saw real progress under the former minister, Mark Butler. But we cannot afford for this government to not act now. The issue around access to home-care packages is at crisis point. The government can put its head in the sand, but on this side we won't. We have been working seriously with the sector. We have been consulting with them. We are committed to making sure that older Australians get the care and the respect that they deserve.</para>
<para>I'm really proud to be part of the team under the leadership of Bill Shorten, who recognises how important the issues of ageing are in this country. On 21 November, our leader, Bill Shorten, said that a future Shorten Labor government will make Australia the best place in the world for people with dementia to live and that Australia will play a leading role in finding a cure. There's a huge difference between this government and what a future Labor government will do in relation to the care of older Australians. We will show respect to those people who are living with dementia. We will support them. We will support their families and we will support their carers. We will do everything possible to ensure that there's a cure, and that those people with dementia will have the support that they so richly deserve.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Organ and Tissue Authority</title>
          <page.no>119</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:19</time.stamp>
    <name role="metadata">Senator BURSTON</name>
    <name.id>207807</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Tonight, I want to highlight some interesting points raised by the Australian government Organ and Tissue Authority. One organ and tissue donor can transform the lives of 10 or more people. Australia is a world leader for successful transplant outcomes. Around 1,400 people are on the Australian organ transplant waiting list at any one time. The Australian government funds dedicated doctors and nurses in hospitals to work specifically on organ and tissue donations. These positions are a part of the national DonateLife Network, which also includes state medical directors, hospital-based donation specialists, and donor family support coordinators.</para>
<para>The number of organ donors and transplant recipients in 2016 was the highest since national records began. Complementing the significant progress made in the clinical sector, Australia needs more active engagement and awareness within the community to increase Australia's consent rate to organ and tissue donation. The majority of Australians—some 69 per cent—are generally willing to become organ and tissue donors. Only one to two per cent of people die in hospital in the specific circumstances where organ donation is possible. In Australia, the family of every potential donor will be asked to confirm the donation decision of their loved one before donation can proceed. In Australia, approximately 60 per cent of families give consent for organ and tissue donation to proceed. The quality of care for a potential donor at the end of his or her life, and the wishes of their family, is always the foremost consideration of those involved and is never compromised by the potential for organ and tissue donation. In 2016, 503 deceased organ donors and their families gave 1,447 Australians a new chance at life.</para>
<para>In spite of all the blood, sweat and tears that this situation represents, there are still people who, given a chance at life, abuse that chance and might as well slap the donor family in the face. The best-known example I can think of is George Best. For those who don't know, George Best was born on 22 May 1946 in Belfast, Northern Ireland. Tellingly, his mother was an alcoholic and died of alcoholism in 1978 aged just 56. George did well at school and excelled at soccer. His first club side was Manchester United, where he made his name as the best soccer player in the world. A highly skilled winger, considered by several pundits to be the greatest dribbler in the history of the sport, Best received plaudits for his playing style, which combined pace, skill, balance, feigns, two-footedness, goalscoring and the ability to get past defenders. Of Best's career and style of play, it was said:</para>
<quote><para class="block">In terms of ability he was the world's best footballer of all time. He could do almost anything—technically, speed, complete mastery of not only the ball but his own body.</para></quote>
<para>George was also a bit of a wag. His quotes have stood the test of time, such as when he said:</para>
<quote><para class="block">In 1969, I gave up women and alcohol—it was the worst 20 minutes of my life.</para></quote>
<para>He is also credited with saying:</para>
<quote><para class="block">I spent a lot of money on booze, birds and fast cars. The rest, I just squandered.</para></quote>
<para>He also squandered his life. In 2002, George had a liver transplant. Like a lot of drunks, George didn't hide his drinking following his liver transplant, which ignited a lot of outrage. I guess people thought he was wasting a golden opportunity. This was partly because his liver transplant was paid for by the National Health Service—the UK's equivalent of our Medicare. At least he didn't claim to water down his drinks!</para>
<para>According to the Australia and New Zealand Organ Donation Registry, 213 people needed liver transplants in 2011, but only 199 donors were available. To put a sharp point on it, up to 14 people who could have been saved were not. No doubt, in some cases, the liver went to someone who didn't respect the donor's sacrifice or the family's generosity. Some of them had some component of their surgery or post-operative care done on Medicare. Don't be that person. That would make you a low-life.</para>
<para>In 2008, Doujon Zammit went on a holiday in Greece, where he was king hit by a bouncer and went into a coma. He wasn't ever going to come out of the coma. Some of his family members flew to Greece from Australia and, when advised of the situation, agreed to donate his organs. Doujon's heart went to Kosta Gribilas. To cut a long story short, the families were introduced to each other and formed a lifelong bond. That bond was portrayed in a couple of TV programs as one of mutual love and respect. Liz Hayes from <inline font-style="italic">60 Minutes</inline> said:</para>
<quote><para class="block">It’s a complicated relationship when you think about it, because Kosta feels incredibly responsible about keeping this heart healthy and he doesn’t want to let down Doujon’s parents.</para></quote>
<para>'Incredibly responsible about keeping his heart healthy' was the comment made. She did not say, 'He can't wait to get on the turps every day to show them he's his own man and doesn't owe anyone anything.' If your loved one tragically lost their life and you agreed to donate their organs, I'm sure you'd want those donated organs to be treated with care and respect. If not, let them go to someone else.</para>
<para>In 2015, 264 livers were transplanted—that is, 264 new chances at life. Sadly, not everyone who needs a donated organ gets one. Many pass away on the waiting list. The message today cannot be clearer: if you've been given the gift of life, be an adult; respect the donor's sacrifice and earn that gift. Fiona Coote was Australia's first heart transplant recipient. In 1986, the surgery was performed by Dr Victor Chang in Sydney. Fiona went on to be an icon of clean living and total responsibility—an example of all decent people who are waiting for some tragedy to happen that will give them another chance at life. Don't be like George Best; be like Fiona Coote.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Garment Industry Workers</title>
          <page.no>121</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:26</time.stamp>
    <name role="metadata">Senator SINGH</name>
    <name.id>M0R</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>On 25 December, many Australians around the nation will come together to exchange gifts, love and delight, and the delicious tastes of the season. Australians love this time of the year and fully embrace the tradition of giving. Last year, Australians spent $8.8 billion on the tradition of giving gifts. Clothing, toys, accessories and shoes were distributed under sparkling trees and in plump stockings. Yet our choice of gifts has unintended consequences on our world's poor. What we choose to purchase can fuel poverty and inequality. The <inline font-style="italic">What she makes: power and poverty in the fashion industry</inline>report, launched by Oxfam, with research conducted by Deloitte Access Economics, shines light on how Australian consumers are driving this industry.</para>
<para>Asia provides around 91 per cent of the garments sold in Australia, with China being the top sourcing destination, followed by Bangladesh, which provides just over nine per cent of all garments sold here. Other key source countries for the Australian market include Vietnam, Indonesia, Cambodia and India. When we buy clothes manufactured in many overseas developing countries, a mere four per cent is spent on labour costs. In Bangladesh, this equates to a salary of A39c an hour. So, while many of these countries have experienced strong economic growth due to investment from big industries like the garment sector, the benefits have not been shared fairly with the people at the bottom of the fashion supply chains. The fact is that the women and men making our clothes are living in poverty.</para>
<para>The <inline font-style="italic">What she makes</inline> report reveals that the poorest 70 per cent of people in Asia have seen their income share fall. Meanwhile, the share held by the top 10 per cent has increased rapidly. This inequality is felt particularly by women. A job in the garments sector could be the first formal employment opportunity for many women in developing countries—an essential step towards financial independence and the start of a path out of poverty. In Asia, women earn, on average, 70 per cent to 90 per cent of what men earn. One reason for this is that women are disproportionately concentrated in the lowest paid roles and in informal work. This is also true in the garment industry, where men often hold higher paid jobs with more authority. The <inline font-style="italic">What She Makes</inline> report highlights many personal accounts of women who make our garments.</para>
<para>One such account is that of Anju, who lives in Bangladesh and makes clothes for the Specialty Fashion Group. She makes an average of 37c an hour. Anju left school early to find work and has to live apart from her two daughters because of her circumstances. She receives piece-rate pay, where workers are paid a fixed rate per piece they produce. The work she undertakes is detailed, requiring precise skills. However, the work is unscheduled. She's often sent home when there are no orders or is required to work overtime. If she doesn't reach the target set, she is not paid for the day's work. Financially, this is incredibly stressful for Anju. Her landlord is trying to evict her because she is unable to pay rent on time, and she has a debt at the grocery store. Anju's wish is simple: to use her pay to achieve a better future for her daughters. She says:</para>
<quote><para class="block">Everyone wants their children to have a bright future. If my daughters have a better education here, maybe they will have a good job, and they would have a brighter future.</para></quote>
<para>Economically self-reliant women are engaged in their community, which builds a culturally rich society. The engagement of women is the cornerstone of building sustainable communities. When women are empowered, communities are empowered.</para>
<para>Another account is that of Forida, who lives in Bangladesh and makes clothes for Target Australia, H&M and other global brands. Forida makes 35c an hour making our clothes. She hopes for a living wage, saying:</para>
<quote><para class="block">If we were paid a little more money, then I could one day send my son to school; we could live happily, we could lead a better life.</para></quote>
<para>Forida's living conditions are crowded and run-down. Her family lives in a compound with a further six families, with only one toilet to share. A nearby polluted pond attracts mosquitoes, which exposes her and her family to the risk of mosquito-borne viral diseases like malaria and dengue fever. Her family cannot afford better living conditions while she is paid so little.</para>
<para>But Oxfam argues that paying a living wage is possible. A living wage for garment workers provides the basics of living: food, water, education and accommodation free from overcrowding and unsanitary conditions. Research undertaken by Deloitte Access Economics estimates that, even if the brands were to add the full price of paying living wages onto the price of a garment, prices would only increase by one per cent. If you were to ask Australians this Christmas whether they would be willing to pay one per cent more for the clothes that they buy from H&M, Target and any of the brand stores that we all go shopping in so that women like Anju and Forida could earn a living wage, I think Australians would agree to that, because Australians believe in a fair go. We are an egalitarian nation, yet we are denying our nearest neighbours, who make our clothes, that same fair go. I think it's time for governments and companies alike to even up the scales and ensure everyone earns a living wage.</para>
<para>Pay and conditions are one aspect of the abuse suffered by garment workers; another is production targets. Unrealistic production targets put enormous pressure on workers, who are often paid by the piece of work in unsafe conditions. Workers are either forced to work overtime to achieve targets or payment is deducted from their wages. Fatima, who makes clothes for Big W and H&M, makes 43c an hour making our clothes. The pressure of the targets takes a toll on her health. She recounts:</para>
<quote><para class="block">If we have to finish a certain amount of work that might take five hours, they tell us to do it within three hours. And then they really pressure us; we can't go to the toilet; we can't drink water. And it's because of the targets.</para></quote>
<para>She has seen workers physically abused for not reaching targets and fears for her own safety.</para>
<para>Brands have a responsibility to ensure the welfare of their workers. Choosing to make garments in countries with a very low or non-existent minimum wage benefits garments companies' bottom line and fuels disadvantage and exploitation. As Australians, we must not turn a blind eye. We must recognise that this treatment of workers is appalling. However, we continue to purchase clothing manufactured by women working in these conditions.</para>
<para>That is why the Joint Standing Committee on Foreign Affairs, Defence and Trade has been inquiring into a Modern Slavery Act for Australia to ensure that companies disclose if they have slavery or slavery-like practices in their supply chains. When the products we purchase are tainted by exploitation, we are all tainted; we are all contributing to that exploitation. So I call on Australians this Christmas to choose and purchase ethical goods.</para>
<para>Oxfam has worked tirelessly to educate and advocate for garment industry workers over numerous years. Their work, highlighting the conditions which led to the Rana Plaza collapse, was significant in raising awareness of this issue for Australian consumers.</para>
<para>Our consumption drives the industry, and our actions can create change for these workers. We have the purchase power to demand ethical treatment of garment workers. So this holiday season choose to spend your money on companies that treat their workers fairly, with the conditions and pay associated with this respect, and extend what this holiday season means to many Australians to those who manufacture our goods offshore on our behalf. Ensure that they can also delight in this season, by purchasing your gifts from manufacturers that treat their workers ethically.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Select Committee on Red Tape</title>
          <page.no>122</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:36</time.stamp>
    <name role="metadata">Senator LEYONHJELM</name>
    <name.id>111206</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to speak about a 24 November article in <inline font-style="italic">The</inline><inline font-style="italic">Australian</inline> by Adam Creighton, which reports that a trio of anti-smoking health nannies, led by Simon Chapman, provided a 'series of factual errors' at a parliamentary inquiry into vaping and the use of e-cigarettes. Simon Chapman's claims were so inaccurate they prompted a response from Public Health England. That's correct; part of the UK's Department of Health were so taken aback by Simon Chapman's false statements that they felt the need to go on the record to clear things up. The story even made it into the French media.</para>
<para>During the parliamentary inquiry, Chapman and his group of health nannies made no fewer than seven false and misleading claims about vaping restrictions overseas and the results of legalisation in other countries. These inaccuracies had the potential to negatively affect the outcome of this important inquiry. It would appear as though Professors Chapman, Freeman and Swanson may have taken it upon themselves to purposely provide the public with false information to stop any changes to the government's policies on e-cigarettes. This would be an enormous tragedy, because the evidence is that e-cigarettes save lives. The fewer people smoke tobacco, the less their chances of dying.</para>
<para>Rates of smoking are in significant decline in countries that allow e-cigarettes, but not in Australia. Australia's current policy means people who are trying to save their lives through quitting smoking can face jail terms of up to two years and fines of up to $45,000 just for possessing nicotine that's not in a cigarette. In other words, you can possess nicotine in a cigarette but not in a form that's safer to use.</para>
<para>In case some claim that the information presented by the professors was misconstrued or that these professors made some mistakes when presenting their information, let me tell you some more. Chapman goes to great lengths to let everyone under the sun know about his expertise in the field of tobacco research, and he is, possibly, the most vocal anti-smoking nanny-statist in Australia. The idea that he would by accident misrepresent information where the misrepresentation just happens to suit his agenda seems too far-fetched. Stretching the truth in order to pursue what a nanny-statist perceives to be the greater good is not beyond the pale, especially for a man like Simon Chapman.</para>
<para>This is a man who, despite having no discernible knowledge about wind farm technologies, decided to present poorly conceived and patently false information at the wind farm inquiry in which I was heavily involved. He cited many of his own publications in order to make his case that the ill-effects some local residents associated with wind turbines are due to a nocebo effect. This means, in his words:</para>
<quote><para class="block">… the phenomenon of people claiming to be adversely affected by exposure to wind turbines is best understood as a communicated disease that exhibits many signs of the classic psychosocial and nocebo phenomenon where negative expectations can translate into symptoms of tension and anxiety.</para></quote>
<para>He made these claims despite not being a medical practitioner, a psychiatrist, a psychologist, an acoustician, an audiologist, a physicist or even an engineer.</para>
<para>In the final report by the Select Committee on Wind Turbines the committee made a point on taking on Chapman's dodgy workings and spurious claims, noting:</para>
<quote><para class="block">Professor Chapman has made several claims which are contrary to the evidence gathered by this committee.</para></quote>
<para>I will mention two of them. He said that the majority of Australia's wind turbines have never received a single complaint. The evidence didn't indicate that, but it's not relevant. Wind farms are only a problem if people live too close to them. He claimed that complaints of adverse health effects from wind farms tend to be limited to anglophone nations—quite false, which the evidence confirmed. There were others. Now he has even published a book that repeats his unqualified fantasies. Chapman's qualifications are an undergraduate degree in sociology and a PhD in social medicine, specifically related to the semiotics of cigarette advertising. If you need to know the meaning behind an ad for Marlboro, Dr Chapman might just be the man for you—or at least he can claim to know a bit about the subject—but, if you need professional advice on health matters or, indeed, anything of a scientific or technical nature, you'd be best to steer well clear of him.</para>
<para>Chapman's attempts to control the lives of others doesn't stop with wind farm inquiries and vaping restrictions though. In the past Chapman has involved himself in Australia's gun control debate. In fact, he credits himself with having helped inform the Howard era gun law reforms. Yet again he has no qualifications or expertise on this subject. On reflection, perhaps Chapman's involvement helps explain why Howard's gun laws were so ineffective.</para>
<para>When Chapman is not off trying to impose his will on Australia through punitive restrictions, he can be found soaking up hundreds of thousands of dollars in taxpayers' funds to conduct research that always seems tailored to suit his ideological agenda. Chapman is at the end of his career and his ability to do further damage to Australia's policy environment is limited, but I would like to highlight to my colleagues in the Senate that health nannies like Chapman are more than willing to attend inquiries and provide any information they can in order to suit their agenda. It does not matter to them if the information they provide is false or the research they point to is flawed, because the ends justify the means. In this instance the end goal is to continue the ban on safer nicotine alternatives and allow hundreds of thousands of people to suffer.</para>
<para>Policymakers in this place should learn from Chapman's antics and remember that, when you are looking to inform your policies with evidence, you should always look at the actual experience and credentials of those you call on to give evidence, otherwise you end up with ill-informed, wilfully ignorant and downright malicious people like Chapman rocking up on the taxpayers' dollar to give you research that suits their particular agenda. Snake-oil salesmen come in all shapes and sizes. Sometimes they take the guise of an emeritus professor of sociology.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Queensland State Election</title>
          <page.no>123</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:44</time.stamp>
    <name role="metadata">Senator KETTER</name>
    <name.id>244247</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Tonight I rise to talk about the increasing likelihood that Labor will be re-elected to govern the state of Queensland with a majority of 47 seats. I don't want to jinx it, but we're getting very, very close. While I note that counting by the Electoral Commission of Queensland continues, respected ABC election analyst Antony Green declared on Friday that his figures put Labor at 47 seats, the number needed to govern outright. The 47 seats expected to go to Labor include some historical wins for us. I want to congratulate Cynthia Lui, the soon-to-be member for Cook—the first Torres Strait Islander elected to parliament not only in Queensland but in Australia—and Meaghan Scanlon, who, I think, has now been declared the winner in Gaven, putting the Gold Coast based seat back in Labor's hands for the first time in over 10 years. Also I give a particularly warm welcome to Bart Mellish, who is cautiously claiming victory in Aspley—delivering the seat to Labor for only the second time since the seat was created in 1959. We saw the Greens party throw the proverbial book at the seat of South Brisbane to try to oust Jackie Trad. My congratulations to the Deputy Premier for really taking up the fight on behalf of Labor. Her success is well earned.</para>
<para>I also want to put on record my congratulations to Premier Annastacia Palaszczuk, who has worked tirelessly for the people of Queensland since Labor was elected in 2015. Over this time, Queensland has led the nation in jobs growth, and our economy has gone from strength to strength. This is due in large part to good, stable leadership and the smart, practical policy agenda put forward by Premier Palaszczuk and the Queensland Labor team. When we talk about job creation in Queensland, Labor can take credit on a number of fronts, funding job creation programs such as Skilling Queenslanders for Work; the Works for Queensland program, which has been an incredible success; Building our Regions; Made in Queensland grants; and the 'buy Queensland' procurement policy. I would like to spend more time on that, but I think that has been a particularly courageous move. Labor can also take credit for investing in vital community infrastructure through upgrades in schools and hospitals and restoring frontline public service positions that were slashed by the Newman-Nicholls government—new teachers, new nurses and new doctors</para>
<para>There are a few people I would like to make special mention of tonight. Bart Mellish took on the incumbent Liberal member, Tracy Davis, in the seat of Aspley. Bart was endorsed as the candidate for Aspley fairly late in the process, and it is a testament to how hard he worked that he was able to unseat the member of almost nine years. He knocked on very many doors—I knocked on some with him—and he made countless phone calls to voters to put forward the Labor message. Along with the member for Sandgate, Stirling Hinchliffe, Bart secured commitments for a new home for Northside Wizards Basketball in Zillmere and a feasibility study for an overpass on Beams Road at the railway line in Carseldine. Bart is particularly proud about that. He listened to the issues that were important to locals, such as the need to fix transport bottlenecks and deliver community sporting facilities.</para>
<para>Also working in his favour was the mediocrity, or perhaps complacency, of the local LNP campaign. To illustrate that point, when I was on one of the polling booths at a local Aspley school we saw that there were signs put up by Tracy Davis, the former member, proclaiming a promise to air-condition the hall at the school. That was a wonderful commitment, but nobody had told the P&C at the school that this commitment had been given. So the P&C people were out taking photos of that sign, because they wanted to make sure that, if Ms Davis were to win, she could be held to account. There was such chaos and dysfunction in the LNP campaign that they didn't bother to tell the school about that—and this was from the LNP's shadow education minister. But this mediocrity can't take away from the fact that Bart worked incredibly hard and earned every single vote that he got. Congratulations, Bart.</para>
<para>The second person I'd like to mention is Michael Hoogwaerts, the Labor candidate for Pumicestone. Unfortunately, there was not such a happy ending to the story. Michael, too, was pre-selected at a late stage and had a mammoth task to build trust in the electorate. Along with other local MPs—Chris Whiting in Bancroft, Shane King in Kurwongbah, and Mark Ryan in Morayfield—Michael was part of the team lobbying for an upgrade to Caboolture Hospital. I'm pleased to say that under a re-elected Labor government, locals will benefit from a $253 million upgrade to that hospital.</para>
<para>Unfortunately, despite winning a majority of first preference votes, it looks like Michael will not win Pumicestone due to One Nation preferences going to the LNP. This is one of those seats the LNP doesn't like to talk about, where it did its deal with One Nation. It likes to talk about Labor benefiting from One Nation preferences. But the preferences that Labor got from One Nation were the result of a chaotic decision by an inherently unstable party to preference sitting members last. On the Channel Nine election panel, Mr Ashby admitted that there were seats where One Nation wanted the LNP candidate to win, even while preferencing those candidates last. This is one of the many reasons why Premier Palaszczuk and Labor ruled out any deals with One Nation in Queensland. I would like to thank Michael, and I am sure I speak for many in the local Labor branches, for a campaign well fought. I extend my sincere commiserations on that result.</para>
<para>I also want to briefly mention Dr Anthony Lynham, the member for Stafford, who achieved a 3.5 per cent swing to him at the election. It was great to join Anthony in doorknocking in the campaign and on polling day. Transport has been a key issue for the voters of Stafford. I note the commitment to deliver a $53 million northern transitway—continuous dedicated bus lanes during peak hours all the way from Chermside to Kedron. Dr Lynham is a credit to the electorate he works tirelessly to represent and a credit to the government in his role as Minister for State Development and Minister for Natural Resources and Mines. I congratulate him on his work as a minister and I look forward to continuing my strong relationship with him.</para>
<para>I need to say something about Ali King, the extremely hardworking candidate for Maiwar. This is my own home electorate and I say proudly that I voted for Ali and worked with her on the campaign trail a number of times doorknocking. I was pleased to have Ali visit my regional office at the Toowong Village shopping centre, and I saw how she resonated with the voters she talked to. Unfortunately, it looks like Ali may not win the seat in Maiwar—a real disappointment and, I believe, a loss to the residents of Maiwar. However, Ali can take some comfort in the fact she has seen off shadow Treasurer Scott Emerson, once touted as a possible party leader. He had held the seat of Indooroopilly since 2009 before the redistribution. Congratulations, Ali. This was no mean feat and you should be extremely proud of the campaign you waged.</para>
<para>I also want to mention Dave Kerrigan, Labor's candidate in Gregory, an all-round great bloke. 'Kerro', as we call him, was born and raised in Longreach and has lived in Barcaldine for the past 33 years. After leaving school, he worked in the shearing industry for many years before starting work with Queensland Health. Kerro has held many roles, including in the field of drugs and alcohol counselling and mental health. I had a couple of opportunities to join Kerro out in the bush in the lead-up to the election and I know he has a deep understanding of his community. I particularly thank Kerro for his attempts at trying to teach me how to shear a sheep. I'm very pleased to advise that the sheep survived the exercise—so did Ketter! Kerro is a real credit to the Labor team out in the area of Gregory and I hope he continues to seek election at some point in the future. It's a real shame he wasn't elected. It unfortunately appears to be a function of the deeply ingrained voting habits across the electorate more than a reflection on his candidacy.</para>
<para>I also want to mention Glenn Butcher, the member for Gladstone. He was re-elected with a 7.7 per cent swing to Labor. It is a real credit to Glenn and to the local team. I want to particularly mention the Fair Go campaign run by the <inline font-style="italic">Gladstone Observer</inline>, which drew attention to growing inequality in some regions of Queensland and the need for representatives at all levels of government to contribute to tackling these issues.</para>
<para>In closing, on election night, Premier Palaszczuk in thanking the crowd for their support also thanked the long-term LNP voters for throwing their support behind Labor just this once. We recognise that there are some long-term LNP voters who have voted Labor for the first time, so we know that there is no need for Labor to rebrand itself. We have the policies. We know that Premier Palaszczuk can be trusted to deliver for Queenslanders.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Human Rights</title>
          <page.no>125</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>20:54</time.stamp>
    <name role="metadata">Senator MOORE</name>
    <name.id>00AOQ</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>In May this year, the High-Level Working Group for Health and Human Rights of Women, Children and Adolescents launched its report—the first of its kind, presented to both the World Health Assembly and the Human Rights Council. Established in 2016, this nine-member group, including my friend Natasha Stott Despoja—previously our Ambassador for Women and Girls and a senator in this place—and co-chaired by Tarja Halonen, the former President of Finland, and Hina Jilani, from Pakistan, was tasked with securing political support for the implementation of the human rights related measures contained in the Sustainable Development Goals Agenda 2020 and the Global Strategy.</para>
<para>If rights to health and through health are upheld, delivery of the sustainable development goals will leave no-one behind. The basic right to health does not stand alone but is indivisible from other human rights. Good health not only depends on but is a prerequisite for pursuing and achieving our rights. Our human rights cannot be fully enjoyed without access to health services. We all must have the right to the highest sustainable standard of physical and mental health without discrimination wherever we are and whatever our circumstances. The co-chairs clearly state in the report:</para>
<quote><para class="block">Healthy women, children and adolescents whose rights are protected are the very heart of sustainable development. When their right to health is upheld, their access to all other human rights is also enhanced, triggering a cascade of transformative change.</para></quote>
<para>This report is inspired by the human rights principles of equality, inclusiveness, nondiscrimination, participation and accountability. It goes on to say:</para>
<quote><para class="block">Worldwide, the need to realize rights to health and through health has never been more urgent. Discrimination, abuse and violence against women, children and adolescents—the most widespread of human rights violations—erode physical and mental health, stealing the personal destinies of millions, and robbing the world of precious and needed talent, potential and contribution.</para></quote>
<para>This report identifies the threats of urbanisation, displacement, climate instability, environmental degradation and pollution. The terrible violent conflicts across the globe are forcing people from their homes, destroying families and communities and causing marginalisation. Desperate people have limited access to effective health care, and their lives and futures are destroyed.</para>
<para>The realisation of human rights, particularly for women, through access to sexual and reproductive health and rights remains seriously uneven or even unattainable at country level, further eroding the chances for education, economic independence or protection from forced marriage. Limited choices create limited lives. We need committed political leadership at international, national and local levels to address inequities in health solutions and gender based and other forms of discrimination, and to implement and resource reform of health systems. Informed, committed leadership with systemic accountability will produce sustained abandonment of harmful practices, inspire action in support of human rights to health and through health, and ensure that policies and programs are delivered, developed, resourced and monitored, and actually do get results.</para>
<para>We have an unprecedented opportunity in these challenging times. The 2030 Agenda for Sustainable Development provides the opportunity. It reaffirms that states must:</para>
<quote><para class="block">… respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.</para></quote>
<para>It emphasises that the STGs will not be achieved unless and until human rights and dignity are ensured for every individual. Again, the message is 'leaving no-one behind'. Each country has its own challenges and must make decisions which will determine the benefits of development. By ensuring the engagement, empowerment and dignity of women, children and adolescence, each nation can manage their actions and outcomes.</para>
<para>Realising the sustainable development vision for women, children and today's 1.8 billion young people—almost a quarter of the world's population—will change lives for the better, bring lasting gains for communities and contribute significantly to programs across all the sustainable development goals, securing more equitable social, economic and environmental development and a more just and sustainable peace. This is the real link with <inline font-style="italic">The global strategy for women's, children's and adolescents'</inline><inline font-style="italic"> health</inline>, which was published in 2016 to cover the period 2016 to 2030. The vision is of a world in which every woman, child and adolescent, in every setting, realises their rights to physical and mental health wellbeing, has social and economic opportunities, and is able to participate fully in shaping sustainable and prosperous societies.</para>
<para>By promoting human rights to health and through health for the most marginalised, by recognising age groups' distinctive needs and adopting a gender-sensitive life-course approach, and by making the real challenge to social and reproductive health and rights concerns, this global strategy offers a comprehensive human rights based roadmap to health. It offers the path which, if implemented and driven by government leadership, will allow women, children and adolescents to not only survive but thrive and transform the world. This report builds on international law, discussions and reports from the UN, the WHO, global agreements and treaties in evidence over many years. It is being informed by expert advice and detailed work by a specialist technical group. Stakeholders and contributions across the system were engaged by the working group, and their evidence is actually listed within the report with great reference points for people to take more information.</para>
<para>The report calls for leadership, engagement and action. It encourages leaders to realise rights to health and through health. It seeks to inspire leaders to act with confidence and conviction. It urges strong leadership and the formation of effective partnerships across service providers, the media, donor and recipient countries, and public and private sectors. The need is great, but we do have the information. We have the references and we know that the terrible waste of lives and futures cannot continue. Hina Jilani, one of the co-chairs, said:</para>
<quote><para class="block">Many promises have been made but still millions of women, children and adolescents are denied their fundamental human rights, leading to preventable deaths, injury, physical and mental illness and other harm. Despite medical breakthroughs and scientific advances, societies continue to undervalue the health and dignity of women, children and adolescents, undermining their rights and dismissing their rightful claims…</para></quote>
<para>Natasha Stott Despoja, speaking at the launch, said: 'The pathway we can take is laid out in front of us. We can see it clearly, and that is what our report asserts.'</para>
<para>There were three key areas for action. The first is creating enabling environments for rights to and through health by: upholding the right to health in national law; establishing a rights based approach to health financing and universal health coverage; and addressing human rights as determinants of health. The second focus is partnering with people themselves by: removing social, gender and cultural norms that impede realisation of human rights; enabling women, children and adolescents to claim their human rights; empowering and protecting human rights defenders; and ensuring accountability to the people by the people. The third focus is strengthening evidence and public accountability by: collecting data on the status of human rights in and through health; and systemically reporting on progress.</para>
<para>In launching the report, it was important to achieve greater momentum in the global effort. In giving the report to both the human rights assembly and also to the WHO, the leaders of those organisations were urged to: establish a joint program of work to support the implementation of recommendations, including at the regional and country levels; build institutional capacity and expertise at their headquarters and at regional and country levels to assist states to advance their realisation of human rights to health and through health, particularly for women, children and adolescents; and ensure ongoing coordination of, and tracking of progress towards, the realisation of human rights, particularly for women, children and adolescents, which will enable prompt dissemination of good practice.</para>
<para>The WHO and the Office of the United Nations High Commissioner for Human Rights now have this report. Leaders from countries of the world now have the report. I'm hoping that I have approval to table the report in the Senate this evening so that we in this place now have the report—55 pages, which are well worth a read, and I think will make sure that we are part of the international response.</para>
<para>As we acknowledge International Human Rights Day, on Friday, 8 December, we can share the valuable knowledge and experience that this working group has given us, and I really do want to acknowledge the hard work, dedication and commitment of these people from across the world, who gathered together over a year to ensure that we would have the knowledge that is before us now. As the co-chairs have stated, we have the knowledge, means and motivation to act. Let's not wait a moment longer. I seek leave to table the document.</para>
<para>Leave granted.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Capitalism</title>
          <page.no>127</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:06</time.stamp>
    <name role="metadata">Senator RHIANNON</name>
    <name.id>CPR</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>When our transitory Prime Minister, Mr Turnbull, announced a royal commission into banking, whose terms of reference he has since rorted, he added, 'It will not put capitalism on trial.' Maybe it should. For the first time in living memory, people coming of age in the 21st century face a less prosperous future than their parents: stagnant wages, precarious employment, and denied access to decent housing as a right. They are also burdened from the outset of their adult lives with higher education debt. They will inherit a world of growing and already obscene inequality, a hollowed-out democracy, ingrained corporate corruption, and a living planet—our biosphere—experiencing accelerating degradation. These problems are the result of capitalism. We live in a socioeconomic system whose essential nature is the incessant drive to produce both a wider range and volume of commodities, all with the goal of increased profits for the one per cent. Everything else either doesn't matter or is of secondary rank. It is a system that acts as though infinite production is possible on a planet of finite resources.</para>
<para>There are also those who say people on the left have opportunistically co-opted ecological concerns. That couldn't be further from the truth. In fact, a number of left-wing thinkers have embraced eco-socialism. Murray Bookchin, an American libertarian socialist and the pioneer of the ecological movement, has been writing about ecological matters from the early 1960s. In 1970, Bookchin wrote:</para>
<quote><para class="block">Capitalism is inherently anti-ecological. Competition and accumulation constitute its very law of life, a law which Marx pungently summarised in the phrase, 'production for the sake of production'. Anything however hallowed or rare, 'has its price' and is fair game for the marketplace. In a society of thus kind, nature is necessarily treated as a mere resource to be plundered and exploited. The destruction of the natural world, far from being the result of mere hubristic blunders, follows inexorably from the very logic of capitalist production.</para></quote>
<para>Despite the multiple crises that confront us, governments of all stripes have been pursuing an agenda of more capitalism.</para>
<para>The introduction of neoliberalism in the 1970s brought the trifecta of privatisations, deregulation, and the weakening of unions to centre stage in many countries. After the labour parties of much of the world embraced neoliberalism, and with the collapse of the Soviet Union, Margaret Thatcher's TINA—that is, 'There is no alternative'—became conventional wisdom. Experience of capitalism and neoliberalism, in general, and privatisation, in particular, has shown what an empty lie this is. Many knew when privatisation was first mooted and many more have realised since that government or public ownership works, and works better. The fate of the Commonwealth Bank—once a byword for integrity and serving the public interest—after it was privatised and with all the subsequent scandals, is a stunning example of this. Let's hope its renationalisation, or the creation of a people's bank, and the boosting of mutual banks and credit unions are part of the discussions around the royal commission into banks.</para>
<para>I've just published a booklet looking at privatisation in my state of New South Wales over the past 25 years. The booklet titled <inline font-style="italic">Sold Off, Sold Out: The Disasters of Privatisation</inline> details the sorry record of governments flogging off public assets and services, from electricity to prisons, housing, TAFE and even forestry. The pamphlet has a subtitle: 'How to reclaim our common wealth'. It's not enough to criticise the failings of the current socioeconomic system; we must be advancing alternatives, such as renationalisation and a revitalised public sector. There is a real appetite emerging for this discussion. In just the last few weeks, I've addressed four public meetings on privatisation and renationalisation. We should not be surprised in this renewed interest, given how tangible the impact of privatisation is on people's lives in central areas like energy, housing and education.</para>
<para>Energy is perhaps privatisation's biggest con. Under public ownership, electricity prices fell steadily until the era of privatisation between 1985 and 1995; prices had halved. Since then, prices have risen sharply. With the era of privatisation, these rises have now accelerated. This year, consumers can expect double-digit increases in their power bills—so much for the promised benefits of privatisation! No sector of the economy has been more privatised than electricity. It's gone further in Australia than in Britain, the European Union and the United States. Electricity assets worth approximately $60 billion have been transferred from public to corporate ownership in Australia since 1992.</para>
<para>In 1995, all Australian governments adopted the National Competition Policy, which entailed breaking up their state government owned electricity monopolies, resulting in entities being corporatised and operated by private firms, with privatisation following shortly after. As ownership and control became concentrated in fewer and fewer hands, it was no surprise that official inquiries discovered generating companies indulging in price manipulation via the new national energy market, and all at the expense of consumers.</para>
<para>Privatisation has not been good for workers, either. There have been job losses among maintenance workers. The Electrical Trades Union reports that a quarter of frontline jobs in New South Wales have been abolished since 2012. There has been some jobs growth—more managers and more sales staff peddling misleading or confusing offers to the public. There is now one manager to every nine workers, compared to one to 13 before privatisation. Sales staff have increased exponentially, multiplying by no less than fivefold. A crucial result has been that the level of unionisation has fallen from 68 per cent to 32 per cent since 1995. The new owners face a more domesticated workforce, with a weaker union—again, a real intent of privatisation and, unfortunately, one achieved here.</para>
<para>Adequate, stable housing is viewed as a human right by the United Nations, and the Greens agree strongly that it is principle No. 1 in our housing policy, yet thousands of homeless people are sleeping rough every night. In New South Wales alone there are 60,000 people on the waiting list for public housing. Nearly half of all Australians under 40 now live in insecure rental housing. The major parties' answer is to promote measures that pump up supply in the private market. Governments adopt measures that favour investors; the notorious negative gearing and capital gains tax discounts are the best known. The banks, for their part, further fuel this investor surge. Half of all housing loans go to investors. These interest-only housing loans are the banks' most profitable line of business. Such loans earn banks a 42 per cent return on equity, according to a recent analysis by Morgan Stanley. This is far above even the lucrative 17 per cent earned from owner-occupier loans.</para>
<para>Not content with this system, rigged even against middle-income homebuyers, the New South Wales Liberal National Party government is liquidating public housing estates. Well-located public housing stock is being sold off in what observers have dubbed 'social cleansing'. The most notorious case of this example of privatisation is the sell-off of public housing in Millers Point, known to many as The Rocks, on Sydney Harbour. For neoliberals, it is apparently unacceptable to have lower-income people living with views of Sydney, despite the fact that many low-income people work in the city. By a cruel twist, Millers Point, a wonderful island of heritage housing in the midst of the CBD, only exists because the tenants combined with the legendary Builders Labourers Federation in the 1970s to work together to preserve it from development, and thanks to the courageous Green Bans movement they were successful.</para>
<para>The solution to the current housing failure requires bold and imaginative public investment to provide affordable, secure and sustainable housing. But all the state coalition government is offering to build is 800 dwellings per year. Many acknowledge that they need to increase this by the figure of 20-fold. The Australian Greens have suggested that this can be done via the creation of a federal housing trust, which would raise $143 billion over 15 years via issuing special government bonds. In the case of New South Wales, that would mean building 165 new homes. The rent or mortgage repayments on these homes could be capped at 30 per cent of household income, the common threshold for housing to remain affordable. That is the rule for community housing organisations, and they remain solvent.</para>
<para>The aim of the trust would be to enshrine housing as a right, rather than as a commodity that is priced out of reach for too many people. The aim would be that homes built by the trust would be available for everyone, as the Queensland Greens proposed in the recent state election. In tandem, existing public housing estates that have been grievously run down for a generation could be upgraded. There is no reason that public goods need to be inferior to private goods. It is not true for universities and government-run childcare, it is not true in public housing in much of progressive Europe and it shouldn't be true here. So how would this be paid for? Green housing bonds would be the major source of funding. In addition, the Parliamentary Budget Office has estimated that the phasing-out of capital gains tax discounts and negative gearing in housing over five years would save governments $51 billion over a decade.</para>
<para>Privatisation is also not working in the education sector, and it's an expensive lesson for the public, parents, teachers and students. The dismantling of our TAFE system and opening it up to for-profit private providers, many of whom are dodgy opportunists, has wasted billions of dollars. There's been a steady stream of court cases and media revelations about corruption in this newly privatised sector. The Australian Government Actuary estimates that over a billion dollars of Commonwealth money, issued inappropriately, will never be repaid. In addition, it has emerged that the cost of training graduates at private colleges can be 12 times that of TAFE colleges. A world-class system of vocational and further education has been deliberately destroyed, purely on ideological grounds. Down the track, this will have serious, negative effects on economic productivity and the general wellbeing of people in our community, let alone education standards.</para>
<para>One of the great reforms of the short-lived but inspiring Whitlam era was the abolition of university fees. The reintroduction of fees in 1988 by another Labor government reflected the capture of the political class by neoliberalism. Subsequent Labor governments have actually cut public funding to universities. Universities, starved of public funds, have turned to student fees to fund their operations. Students now leave universities burdened with heavy debts due to rising fees. In pursuit of income, university authorities also tailor their courses to attract high-fee-paying students from overseas. You might say, 'What does it matter?' It matters enormously to the education standards and to the whole way education is run in this country. A higher education system driven by market imperatives, selling courses as commodities, is a sure recipe for debasement of our universities.</para>
<para>In early childhood education, the lessons of privatisation haven't been learnt either. Private operators prevail, and instances of corruption in the allocation of funds have been widely reported. Fees for working parents rise faster than the CPI, and early childhood teachers, mostly female, are notoriously underpaid.</para>
<para>The renationalisation of education is needed. It would take the form of a switch to higher public funding for our public schools, TAFE colleges and universities and an end to the attempt to turn education into a market. Already, critics, such as Mr Murdoch's paper <inline font-style="italic">The Australian</inline> in their review of my booklet <inline font-style="italic">Sold Off, Sold Out</inline>, are raising the cry, 'How much will all this cost?' Well, Australia is a rich country, and we have to get our priorities right, so let me make a few preliminary points. The renationalisation of TAFE will essentially involve the redirection of the existing vocational education budget to the public TAFE system. A people's bank could be based on the existing infrastructure of Australia Post. As for the cost of renationalising the grid by state and federal governments, the $20 billion netted from the privatisation of half the New South Wales grid earlier this year gives a guide to that cost. Sensibly sequenced, a program of renationalisation can be achieved. Remember, too, there will be a revenue stream from the reacquired assets.</para>
<para>I repeat: whether it is electricity or technical and vocational education or health or public transport or early childhood education, it is clear that public or government ownership can work better. In Britain, opinion polls have revealed that even Conservative Party voters realise this, with a clear majority of them supporting the renationalisation of railways, electricity, water and the Royal Mail.</para>
<para>It is the fate of the planet that provides the most urgent argument for renationalisation and public enterprise. If we are to avoid disastrous global warming by keeping global temperature increases to 1.5 degrees, we are going to need to switch to renewables, and very fast. Even some Liberal senators acknowledge this. But the scale of this switch is enormous. Earlier this year, Professor John Quiggin of the University of Queensland made the detailed case for renationalising the grid. We also need to increase our solar capacity, for example, by more than 100 times, as Chris Goodall has pointed out recently in <inline font-style="italic">The Switch: How S</inline><inline font-style="italic">olar, </inline><inline font-style="italic">Storage and N</inline><inline font-style="italic">ew Tech Means Cheap Power for All</inline>. Goodall is no socialist; he's no Marxist. He's a contributor to the <inline font-style="italic">Financial Times</inline> in London, and this what he wrote: 'For the avoidance of doubt, I have no confidence whatsoever that the much larger process of moving the entire world onto renewables will be easily done by using free markets. I think massive governmental intervention is wholly and unavoidably necessary to maximise the speed and minimise the cost.' In other words, we need renationalisation and public enterprise for reasons of planetary survival, as well as social justice, economic equality and increased democracy.</para>
<para>Finally, let me say that renationalisation and renewed public ownership must be democratically managed. Workers and consumers must have a real say. That will involve different management and even ownership structures, such as locally and regionally based cooperatives. Developing renewable power lends itself to such structures. There are existing models for democratic public enterprises that I'm confident Australians have the ingenuity and intelligence to adapt and develop for our conditions and the immense challenges we face.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>National Security</title>
          <page.no>129</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:24</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise to speak about aspects of Australia's national security, including parliamentary oversight of our intelligence agencies—an issue I briefly referred to in my first speech in the chamber yesterday. Uncertainty, risk, and even danger characterise Australia's emerging international circumstances. Prime Minister Turnbull used these words in his introduction to the government's recent foreign policy white paper. We are living in a time of rapid strategic change, as North Korea's latest ballistic missile test demonstrates. We are witnessing major shifts in regional power relationships and, arguably, the development of a more competitive and less predictable international environment. This is particularly the case in the Asia-Pacific region where, as the government's white paper observes:</para>
<quote><para class="block">… China's power and influence are growing to match, and in some cases exceed, that of the United States.</para></quote>
<para>The potential risks of Australia's international positions have also been highlighted in an important paper by two distinguished strategists, Professor Paul Dibb and Dr Richard Brabin-Smith of the Australian National University's Strategic and Defence Studies Centre. Both former deputy secretaries of the Defence department, Dibb and Brabin-Smith observe:</para>
<quote><para class="block">Australia's strategic outlook is deteriorating and, for the first time since World War II, we face an increased prospect of threat from a major power. This means that a major change in Australia's approach to the management of strategic risk is needed. This means that a major change in Australia’s approach to the management of strategic risk is needed.</para></quote>
<quote><para class="block">… Over recent decades, judgements in this area have relied heavily on the conclusion that the capabilities required for a serious assault on Australia simply didn't exist in our region. In contrast, in the years ahead, the level of capability able to be brought to bear against Australia will increase, so judgements relating to contingencies and the associated warning time will need to rely less on evidence of capability and more on assessments of motive and intent.</para></quote>
<para>Dibb and Brabin-Smith rightly make the point that we should not see China as inevitably hostile to Australia, but they identify the rapid growth of China's economic and political influence, as well as Beijing's increasingly advanced military capabilities, as key strategic developments in our region.</para>
<para>While America's power projection capabilities and wider influence are likely to remain significant in the Western Pacific, we now face a much more complex set of security relationships in which China's strategic wake is likely to only grow. Although the US alliance will remain important to us, we may no longer be able to rely on our great and powerful friend to guarantee our security in the way that we have over the past seven decades. Building Australia's own defence capability will be a much more urgent and pressing task.</para>
<para>With that said, how do we mitigate the risks that we may face? Clearly a key factor is intelligence, which enables us to understand not only immediate threats but also the long-term capabilities and intentions of other powers. Intelligence is a vital foundation for diplomacy, strategy and national security. Just over a year ago, the Prime Minister announced an independent review of Australia's intelligence services. That review, completed last June, was conducted by former Foreign Affairs and Trade secretary Michael L'Estrange, and Stephen Merchant, who formerly held senior positions within the Australian intelligence community. With an annual budget now approaching $2 billion and about 7,000 staff spread across 10 intelligence and security agencies, a wide-ranging examination of Australia's intelligence community was certainly required in Australia's changing strategic circumstances. Although L'Estrange and Merchant found that many features of our intelligence community remained appropriate, especially the dividing line between foreign and security intelligence and intelligence collection and assessment, they concluded that there is significant scope for improving intelligence coordination.</para>
<para>The review's major recommendation is for the establishment of a new office of national intelligence to be located in the Prime Minister's office. This office, as proposed by L'Estrange and Merchant, would be headed by a director-general who would be the Prime Minister's principal adviser on matters relating to the national intelligence community. The director-general would not control the specific activities of agencies but should be able to direct coordination to ensure there are integrated strategies across the intelligence community. The Office of National Intelligence would subsume the Office of National Assessments and undertake national intelligence assessment functions while ensuring contestability of analysis and engagement with external experts.</para>
<para>There has been little debate about this important proposal. It would bring Australia's intelligence coordination arrangements broadly in line with our Five Eyes partners—Canada, New Zealand, the United Kingdom and the United States. However, the rationale for the new office has not been fully developed. Under existing arrangements, the Director-General of the Office of National Assessments already has an intelligence community coordination role. Section 5 of the ONA Act provides that one of the functions of the agency is:</para>
<quote><para class="block">… to coordinate the foreign intelligence activities that Australia engages in, including in relation to setting Australia's foreign intelligence requirements based on Australia's foreign intelligence priorities …</para></quote>
<para>Perhaps one of the purposes of the proposed new office is to bring about a tighter integration of foreign intelligence and domestic security, with the Australian Security Intelligence Organisation and the counterterrorism functions of the Australian Federal Police being subject to coordination from the new Director of National Intelligence.</para>
<para>There may well be a case for this, though how this will relate to the structure and responsibility of the new Home Affairs portfolio is not yet clear. There are significant issues to be worked through, including the relationship between the proposed new office and the individual ministers responsible for national security agencies. It would be unfortunate if the effect of reforms to enhance coordination was, in fact, to duplicate or confuse lines of responsibility. We need to look closely at any legislation that may be proposed by the government and rigorously test the arguments for change.</para>
<para>The other aspect of the intelligence review I wish to focus on tonight is that of oversight by the Inspector-General of Intelligence and Security, the IGIS, and the Parliamentary Joint Committee on Intelligence and Security, the PJCIS. The review of the intelligence community rightly recognised the importance of oversight mechanisms in ensuring that our agencies operate according to the law and are subject to ministerial direction and control. This is vital to ensure public confidence. L'Estrange and Merchant put this well in observing:</para>
<quote><para class="block">It is critical in a democracy that intelligence agencies are subject to strong oversight and accountability mechanisms. Indeed, oversight of intelligence services is a central tenet of the 'state of trust' between intelligence services and the community of which they are part. A critical element of this 'state of trust' is the understanding that agencies provide intelligence which contributes to safeguarding national interests and the lives of citizens and that, in doing so, those agencies act with propriety, legality and proportionality, are responsive to Ministerial direction and control, and are accountable for their activities.</para></quote>
<para>Although well respected, the IGIS has long been under-resourced, while the intelligence community it oversees has grown like topsy. L'Estrange and Merchant have made a sensible recommendation in proposing that the role of the IGIS be extended to include scrutiny of the intelligence elements of the Australian Federal Police, the Department of Immigration and Border Protection, the Australian Transaction Reports and Analysis Centre and the Australian Criminal Intelligence Commission. Significantly, the review also recommended the staffing of the office be increased from 17 to around 50. This would go some way to adequately resourcing the IGIS. The government should not delay in committing resources to give effect to that recommendation.</para>
<para>The effectiveness of the PJCIS has been limited by its statutory exclusion from examining the operational activities of intelligence agencies. The very strong bipartisan consensus between the coalition and Labor within the PJCIS has also inhibited robust debate about intelligence and national security issues. Although the PJCIS has done much good work and developed expertise in reviewing proposed legislation, there have been times when its members have appeared more committed to advocacy for our intelligence and security agencies than scrutiny of their activities. Yet rigorous scrutiny is essential to ensure that these agencies most effectively support our national interests.</para>
<para>The intelligence review has recommended an expansion of the remit of the PJCIS to cover the agencies I have just mentioned. However, the question of resourcing needs to be considered. If the PJCIS is to take on further responsibility, then the joint committee's secretariat will need to be bolstered to ensure its independence from the agencies the committee is tasked to review. Given the need for staff to hold the highest levels of security clearance, personnel may be drawn from or have backgrounds in the intelligence community, but that needs to be carefully managed to ensure no conflicts of interests. In one respect, the intelligence review's recommendations fall significantly short of what is required to put the intelligence community's relationship with its ultimate masters, the democratically elected members of this parliament, on a sound footing. In this, the review appears to reflect more the bureaucratic and intelligence background of its authors than the principles that should properly govern the activities of what are increasingly well-resourced and influential but highly secret government agencies.</para>
<para>The review discusses the role of the PJCIS at some length and acknowledges the joint committee as a vitally important accountability mechanism for the intelligence agencies. The review also discusses the proposals set out in the Parliamentary Joint Committee on Intelligence and Security Amendment Bill 2015, introduced by the Leader of the Opposition in the Senate, Senator Wong, in August 2015. In her second-reading speech, Senator Wong rightly observed that parliamentarians cannot outsource their duty to ensure the security of our nation and the people who entrust us with the responsibility of governing. The PJCIS amendment bill proposed a range of amendments covering the membership, powers and functions of the PJCIS—most importantly, to enable the PJCIS, by resolution, to conduct inquiries into any matter in relation to Australian intelligence community agencies; that is, potentially into the operational activities of those agencies.</para>
<para>This would represent a major advance in parliamentary oversight of the intelligence community. Consequently, it went way too far for L'Estrange and Merchant. As former national security bureaucrats, they had rather more sympathy with the longstanding claim of the intelligence community that the PJCIS scrutiny of operational matters is undesirable and would in some way cut across lines of ministerial responsibility. The intelligence review commented as follows:</para>
<quote><para class="block">… we consider expanding the role of the PJCIS to include own-motion inquiry into the operational activities of intelligence agencies is not required to ensure agencies are operating effectively, legally and with propriety.</para></quote>
<para>…   …   …</para>
<quote><para class="block">we consider the responsible Ministers are best placed to judge the effectiveness of the operations of the agencies and to be accountable for them to the Parliament and the broader Australian community. Ministers have the information, insights and powers necessary to perform this role and they have the ability to engage with the PJCIS by referring matters to it.</para></quote>
<para>Instead of the PJCIS being able to conduct its own inquiries into agency operations, the intelligence review favoured strengthening the connection between the PJCIS and the IGIS by empowering the IGIS to conduct an inquiry into the legality and propriety of particular operational intelligence activities and to provide a report to the joint committee, the Prime Minister and the responsible minister.</para>
<para>This recommendation falls well short of what is required. It wrongly presumes that it is appropriate for the parliament to outsource its scrutiny function to what is an important and independent agency, nonetheless a creature of the executive government. The review also mistakenly presumes that the PJCIS would only be concerned with questions of legality and propriety. If our intelligence community is to be subject to effective parliamentary scrutiny like all other parts of government, that scrutiny must extend to questions of policy and effectiveness.</para>
<para>The activities of our intelligence agencies are not just operational; they can involve matters of high policy, with both major domestic and major international implications. For example, it is a reasonable question to ask whether the activities of the Australian secret intelligence services are always consistent with our diplomatic objectives and interests. ASIS's pursuit of covert intelligence could, for example, potentially involve significant risk to diplomatic relations with a foreign power. Similarly, ASIO's liaison relationship with foreign agencies, some of which may be subject to allegations of human rights abuse—perhaps the Iraqi National Intelligence Service, to take a hypothetical example—do not just involve questions of legality and compliance with ministerial direction; they also involve political and policy questions. Such questions are properly matters for the responsible minister, the Prime Minister and the National Security Committee of Cabinet, but these matters should also rightly be matters for review by members of the PJCIS, entrusted, in conditions of tight security, with overseeing those agencies.</para>
<para>In the United States, parliamentary committees have the power to reach far into operational matters. Those inquiries are accepted by the US intelligence community as necessary and appropriate. No doubt there are details of intelligence operations, especially human intelligence operations involving sensitive and vulnerable sources, that are best held by the smallest number of people with an absolute need to know. There may well be a case for a ministerial veto on PJCIS access to some specific operational information.</para>
<para>In Canada, the new National Security and Intelligence Committee of the Parliamentarians is able to review:</para>
<quote><para class="block">… any activity carried out by a department that relates to national security or intelligence, unless that activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security …</para></quote>
<quote><para class="block">…   …   …</para></quote>
<quote><para class="block">If the appropriate Minister determines that a review would be injurious to national security, he or she must inform the Committee of his or her determination and the reasons for it.</para></quote>
<quote><para class="block">…   …   …</para></quote>
<quote><para class="block">If the appropriate Minister determines that the review would no longer be injurious to national security or if the appropriate Minister is informed that the activity is no longer ongoing, he or she must inform the Committee that the review may be conducted.</para></quote>
<para>This could be a framework for the PJCIS oversight of intelligence operations here, with the added provision that any ministerial veto should be referred to the IGIS for review and a report to both the PJCIS and the Prime Minister. If democratically elected MPs and senators cannot be trusted to deal directly with these questions then something is wrong with the relationship between the intelligence community and the parliament it is ultimately meant to serve.</para>
<para>I opened this speech by discussing Australia's changing strategic environment. An effective, well-resourced intelligence and security agency will be absolutely vital to successfully dealing with the challenges that we face. Australia's intelligence community will be larger and even more important in the years and decades ahead, and the parliament's responsibility will be all the greater to ensure that those agencies are operating with maximum effectiveness, in accordance with sound policy, with propriety and in accordance with the law. The parliament cannot shirk that responsibility, and that must of necessity involve direct scrutiny of agency operations.</para>
<para>The government will in due course introduce legislation to give effect to its response to the intelligence review's recommendations. The government will be seeking the support of the opposition and crossbenchers. Any such legislation should be subject to rigorous scrutiny not only by the PJCIS but also by the relevant Senate legislation committees—those on foreign affairs, defence and trade and legal and constitutional affairs. NXT will consider that legislation on its merits, and we will push hard for operational oversight of the intelligence services by the parliament because the time for such scrutiny is long overdue. However, I also propose to introduce a private senator's bill to that effect. If we are serious about our role in ensuring effective scrutiny of a vital function of government, the Senate will need to take up that challenge.</para>
<para>Senate adjourned at 21:44</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>132</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>132</page.no>
        </subdebateinfo></subdebate.1><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>133</page.no>
        </subdebateinfo></subdebate.1></debate>
  </chamber.xscript>
</hansard>