The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
That the following matter be referred to the committee of privileges for inquiry and report:
Having regard to the matters raised by Senator Burston in correspondence tabled by the President on 16 October 2016:
(a) whether, by removing him from positions within Pauline Hanson's One Nation Party and pressing him to resign from the Senate, Senator Hanson or any other person has sought to improperly interfere with the free performance of his duties as a senator or to penalise him for his conduct as a senator; and
(b) if so, whether any contempt was committed in that regard.
That the Senate take note of the government's stated position on racism in Australia.
The Government Senators' actions in the Senate … confirm that the Government deplores racism of any kind.
It appears that, of the very large number of motions on which my office's views are routinely sought, this one was not escalated to me because it was interpreted in my office as a motion opposing racism. The associations of the language were not picked up. Had it been raised directly with me those issues would have been identified.
On top of everything else, the phrase 'It's okay to be white' actually has a fairly long history in the white supremacist movement. While far from the most common white supremacist slogan, it was in use enough that white power music band Aggressive Force even used the phrase as the title of one of its songs—a song that dates back at least to 2001, if not earlier. ADL has tracked white supremacist fliers featuring the phrase 'It's okay to be white' as long ago as 2005. In 2012, a member of Ku Klux Klan group United Klans of America actually even used the hashtag #IOTBW on Twitter.
'It's Okay to Be White' started on the imageboard site 4chan, a favorite online hub for young, white males who consider themselves part of the so-called alt-right movement. Anonymous users of that site posted a 'game plan' urging people to hang 'It's Okay to Be White' signs on college campuses in an attempt to bait people into an overreaction against an ostensibly benign statement.
Our clear goal must be the advancement of the white race and separation of the white and black races. This goal must include freeing of the American media and government from subservient Jewish interests.
That so much of the standing orders be suspended as would prevent me moving that the vote be taken again on general business notice of motion No. 1092.
That the vote be taken again on general business notice of motion No. 1092.
Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018
… the Australian government will not be moving our embassy to Jerusalem.
Jerusalem is a final status issue and we have maintained that position for decades …
I don't think so … I would expect the Australian government in future to maintain the position that Jerusalem is a final status issue. Our embassy will remain in Tel Aviv.
… it's more conducive to the peace process to keep the embassy in Tel Aviv. Obviously, the status of Jerusalem and negotiations relating to Jerusalem are a key part of the peace negotiations …
… it's not the Government's policy. It's never been under review and we're not doing it.
The Government Senators' actions in the Senate this afternoon confirm that the Government deplores racism of any kind.
We're not proposing to change that law to take away that existing arrangement …
… otherwise discriminatory conduct on the basis of sexual orientation and gender identity will not be prohibited for educational institutions established for religious purpose.
Michael might be a nice bloke but he's also an ineffective nice bloke.
That the Senate take note of the answer given by the Minister for Small and Family Business, Skills and Vocational Education (Senator Cash) to a question without notice asked by Senator Dodson today relating to a vote on a motion concerning anti-white racism.
While the motion wasn't as elegantly written as it could have been, this crazy notion that people of Anglo-Saxon descent can't be discriminated against because of their skin colour but others can is just strange.
That the Senate take note of the answer given by the Minister for Indigenous Affairs (Senator Scullion) to a question without notice asked by Senator Griff today relating to Fetal Alcohol Spectrum Disorder.
FASD can be prevented as long as the baby's not exposed to alcohol during pregnancy, because, when mum drinks, the baby drinks.
That the Senate take note of an answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator Di Natale today.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Treasury Laws Amendment (Lower Taxes for Small and Medium Businesses) Bill 2018, allowing it to be considered during this period of sittings.
Purpose of the B ill
The bill brings forward the tax cuts for small and medium businesses. The tax rate for companies with annual turnover below $50 million will be reduced to 26 per cent in 2020-21 and 25 per cent in 2021-22 and subsequent years. The unincorporated small business tax discount rate will be increased to 13 per cent in 2020-21 and 16 per cent in 2021-22 and subsequent years.
Reasons for Urgency
The bill requires passage in the 2018 Spring sittings in order to give small and medium businesses certainty to make long-term investment decisions.
That leave of absence be granted to the following senators:
(a) Senator Macdonald from 15 October to 18 October 2018, on account of parliamentary business;
(b) Senator Martin from 15 October to 18 October 2018, for personal reasons;
(c) Senator Paterson on 15 October 2018, on account of parliamentary business; and
(d) Senator Seselja from 16 October to 18 October 2018, on account of parliamentary business.
(1) That the following matter be referred to the Committee of Privileges for inquiry and report:
The disposition of the material over which a claim of privilege has been made by Senator Pratt, namely, the material delivered to the Clerk of the Senate on 11 October 2018 by the Australian Federal Police (AFP) following the execution of search warrants on that day, and other copies of the same material.
(2) In carrying out its inquiry, the committee shall have regard to the law of parliamentary privilege, and the powers and practices of the Commonwealth Houses.
(3) The committee shall be provided by the AFP with a list and a description of the seized material but the list and description to be provided by the AFP must not contain any information that could identify any person subject to investigation by the AFP in connection with the execution of the search warrants referred to in paragraph (1).
(4) The committee shall provide to affected parties the opportunity to make submissions on the claim of parliamentary privilege and may seek submissions on the application of the law of parliamentary privilege.
(5) If the committee is able to determine the matter without examining the material, it shall report accordingly to the Senate, making recommendations for the disposition of the material.
(6) If the committee is unable to determine the matter without an examination of the material, it may:
(a) with the approval of the President, appoint an appropriate person to examine the material and report to it on the claim of parliamentary privilege, or
(b) examine the material itself.
(7) The material shall remain in the custody of the Clerk at all times until its disposition is determined by the Senate, except that the Clerk may provide access for the committee, or for a person appointed by the committee, to examine the material in accordance with paragraph (6).
That the following matter be referred to the Finance and Public Administration References Committee for inquiry and report by 29 March 2019:
Government interference in the independence and integrity of the Australian Broadcasting Corporation (ABC), with particular reference to:
(a) the operation of Parts II, III and IIIA of the Australian Broadcasting Corporation Act 1983, in relation to:
(i) the duties of the Board and Managing Director, and
(ii) appointments, terminations and resignations of persons under these parts;
(b) performance of the ABC Board under the Public Governance, Performance and Accountability Act 2013, in relation to general duties of officials;
(c) implications of political influence for governance at the ABC, including via:
(i) board appointments,
(ii) funding decisions,
(iii) policy and legislative proposals,
(iv) reviews and inquiries, and
(v) content complaints, queries and requests;
(d) safeguarding and promoting the independence and integrity of the ABC; and
(e) any related matters.
The Senate divided. [15:41]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Australia is a tolerant and accepting nation and discrimination against LGBTI Australians has no place in our national laws,
(ii) the Government has had the Review into Religious Freedoms since May 2018, and has so far refused to release it so Australia can have a proper debate about these important issues,
(iii) repeated leaks over the last week have suggested that the review will recommend changes to exemptions from anti-discrimination legislation in relation to LGBTI students and staff,
(iv) many religious education institutions have made clear that they do not use, nor do they want, these exemptions, and
(v) these exemptions are out of step with the views and beliefs of most Australians; and
(b) calls on the Federal Government to:
(i) immediately introduce legislation which would abolish the current exemptions that permit discrimination against LGBTI students and staff in religious schools, and
(ii) immediately release the Review into Religious Freedoms so the Australian people can have a mature debate about how we can best balance protection of religious freedom with the rights of people to live free from discrimination, in compliance with the orders of the Senate of 19 September and 20 September 2018.
The Senate divided. [15:50]
(The President—Senator Ryan)
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 29 March 2019:
The allegations of political interference in the Australian Broadcasting Corporation (ABC), with particular reference to:
(a) the termination of ABC Managing Director, Ms Michelle Guthrie;
(b) the conduct of the Chair and the Board;
(c) the structure, composition and appointments of the ABC Board;
(d) the political influence or attempted influence of the Government over ABC editorial decision-making, including:
(i) outcomes of the Competitive Neutrality of the National Broadcaster Inquiry and Efficiency Review - ABC and SBS, and
(ii) the role of funding uncertainty in facilitating political influence;
(e) governance, legislative and funding options to strengthen the editorial independence and strength of the ABC to prosecute its charter obligations; and
(f) other related matters.
The Senate divided. [15:56]
(The President—Senator Ryan)
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 1 February 2019:
The independence of regulatory decisions made by the Australian Pesticides and Veterinary Medicines Authority (APVMA), with particular reference to:
(a) the responsiveness and effectiveness of the APVMA's process for reviewing and reassessing the safety of agricultural chemicals in Australia, including glyphosate, and how this compares with equivalent international regulators;
(b) the funding arrangements of the APVMA, comparisons with equivalent agricultural chemical regulators internationally and any impact these arrangements have on independent evidence-based decision making;
(c) the roles and responsibilities of relevant departments and agencies of Commonwealth, state and territory governments in relation to the regulation of pesticides and veterinary chemicals;
(d) the need to ensure Australia's farmers have timely access to safe, environmentally sustainable and productivity enhancing products;
(e) the impact of the APVMA's relocation on its capability to undertake chemical reviews in a timely manner; and
(f) any other related matters.
That the Senate—
(a) notes that:
(i) the Sydney Opera House was inscribed on the World Heritage List in 2007 in recognition of it being a masterpiece of 20th century architecture,
(ii) the Minister for the Environment has a responsibility to protect the Opera House under the Environment Protection and Biodiversity Conservation Act 1999, and
(iii) the NSW Liberal Government allowed a promotion for a horse racing event to be displayed on the sails of the Opera House in contravention of state heritage laws, the Opera House Plan of Management and the overwhelming views of the community;
(b) condemns the NSW Government for treating the Opera House as a billboard; and
(c) calls on the Minister for the Environment to take action to protect our cultural icons.
The Sydney Opera House exterior, particularly the shells … should not be regarded as a giant billboard or commercial/advertising opportunity.
The Senate divided. [16:04]
(The President—Senator Scott Ryan)
That general business notice of motion No. 1120 standing in my name for today be postponed till a later hour.
That the Senate—
(a) notes that:
(i) Australia's suicide rate is a source of anguish and outrage with 3 128 Australians taking their own life in 2017 – this represents 262 more deaths than the previous year, or 9 per cent higher than 2016,
(ii) the Australian Bureau of Statistics has released alarming national data that shows intentional self-harm is now ranked the 13th leading cause of death, moving up from 15th position in 2016,
(iii) in 2017, suicide was the leading cause of death among people aged between 15-44 years, and the second leading cause of death among those 45-54 years of age,
(iv) suicide is the 10th leading cause of death for males – the suicide rate among males is more than three times greater than that for females,
(v) in 2017, there were 165 suicides of Aboriginal and Torres Strait Islander People, and 162 deaths the year before,
(vi) in 2017, suicide remained the leading cause of death of children between 5-17 years of age, with 98 deaths occurring in this age group – this is a 10 per cent increase in deaths from 2016, and
(vii) in 2017, approximately 80 per cent of intentional self-harm deaths had co-morbidities mentioned as contributing factors to death – mood disorders, including depression, were the most common mentioned condition with intentional self-harm, followed by drug and alcohol disorders;
(b) recognises that behind every suicide statistic is a person who is cared for and loved, with family and friends left devastated by their loss;
(c) supports specialist counselling service Lifeline's urging of the Federal Government to set a national suicide reduction target; and
(d) calls on the Federal Government to:
(i) set a national target to achieve a 25 per cent suicide reduction over five years, and
(ii) appoint a Minister for Mental Health.
That the Senate—
(a) acknowledges:
(i) the recent partial release of the 'Ruddock Report' into religious freedoms in Australia, and
(ii) that, in response, both the government and the opposition have now committed to repealing sections of the Sex Discrimination Act 1984, which allow independent schools to sack teachers and expel children on the basis of their sexual orientation; and
(b) calls on the Federal Government to:
(i) work with the states and territories to achieve consistency in anti-discrimination laws,
(ii) withhold federal funding to any schools which engage in discrimination against teachers or students on the basis of sexual orientation, and
(iii) deny charity tax concessions to any organisation or commission responsible for a school that engages in discrimination.
The Senate divided. [16:15]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) the importance of the agricultural industry for the Queensland and Australian economy,
(ii) the need to get water to the drought stricken farmers, to ensure the survival of family farms, and
(iii) that water, via irrigation, is the best form of aid that can be given to farmers;
(b) acknowledges that the Bradfield Scheme, as envisioned by Mr John J.C. Bradfield, would irrigate vast areas west of the Great Dividing Range; and
(c) calls on the Senate to support the construction of the Bradfield Scheme.
The Senate divided. [16:21]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) a company with a turnover of $50 million a year is not a small business,
(ii) corporate profits hit a record $335 billion, up 10 per cent in a year, while wages are at all time lows of 2 per cent, and
(iii) spending $3 billion on more company tax cuts will not reduce economic inequality and low wage growth; and
(b) calls on the Federal Government to instead reinvest that money into lifting Newstart for the first time since 1994, when it was lifted by just $2 a week.
The Senate divided. [16:26]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) that the Intergovernmental Panel on Climate Change (IPCC) forecasts that warming of 2 degrees above pre-industrial levels will see the death of 100 per cent of coral reefs globally, and that warming of 1.5°C will see 90 per cent of coral reefs die,
(ii) that the IPCC forecasts that warming is likely to reach 1.5°C above pre-industrial levels between 2030 and 2052 if it continues at the current trajectory,
(iii) the United Nations Educational, Scientific and Cultural Organization (UNESCO) report, released on 18 September 2018, Impacts of Climate Change on World Heritage Coral Reefs: Update to the First Global Scientific Assessment, which confirms that remaining within 1.5°C climate target is critical for survival of World Heritage-listed coral reefs,
(iv) the statement by the Chair of the Great Barrier Reef Foundation Board during the Brisbane hearing of the inquiry into the Great Barrier Reef 2050 Partnership Program, that "many reefs around the world are classified as in danger, regardless of whether UNESCO has them listed", and
(v) that 64 000 people rely on jobs supported by the Great Barrier Reef; and
(b) calls on the Federal Government to:
(i) ban corporate donations to political parties from the fossil fuel industry, an industry which financially benefits from this Government's lack of action on climate change,
(ii) get a climate policy that limits global warming to 1 degrees to protect the Great Barrier Reef and Australians from extreme weather events, and
(iii) revoke all federal approvals for the Adani Carmichael mine, and not approve any new coal in Australia.
The Senate divided. [16:30]
(The President—Senator Ryan)
That the Senate—
(a) welcomes His Royal Highness, Prince Harry, the Duke of Sussex, and Her Royal Highness, Meghan, Duchess of Sussex, to Australia;
(b) commends His Royal Highness for his initiative in creating the Invictus Games, and the royal couple for their support for injured veterans;
(c) wishes all competitors from 18 nations well in their participation in the 4th Invictus Games in Sydney from 20 to 27 October 2018; and
(d) congratulates the Duke and Duchess, and Kensington Palace, on the announcement of the expectancy of their first child.
(1) That the Senate—
(a) notes that on 14 August 2018 the Senate agreed to order the Commissioner of Taxation to provide to the Economics Legislation Committee information for the financial years 2000-2001 to 2012-2013 regarding which financial sector entities:
(i) did not lodge tax returns during that period, and
(ii) did not report nil tax payable during that period;
(b) further notes that in response to the order agreed to on 14 August 2018, the Commissioner of Taxation sought to clarify the scope of the proposed order as to avoid an unreasonable diversion of resources while still achieving the objectives of the order; and
(c) orders the Commissioner of Taxation to provide to the Economics Legislation Committee, in relation to designated financial entities for the financial years from the year ended 30 June 2001 (or substituted accounting period) to the year ended 30 June 2016 (or substituted accounting period) inclusive:
(i) the combined designated information for an entire category of designated APRA regulated entities, by no later than 18 October 2018, and
(ii) the designated information provided for individual taxpayers, by no later than 29 November 2018.
(2) That for the purposes of this order:
(a) 'designated APRA regulated entity' means an entity that either was:
(i) disclosed on the APRA website as at 15 August 2018, or
(ii) not currently disclosed, but registered historically (as at July 2013, July 2008 or July 2003), and
was listed under at least one of the following categories:
(iii) authorised deposit-taking institutions under any of the following categories:
(A) Australian-owned banks,
(B) foreign subsidiary banks,
(C) branches of foreign banks,
(iv) general insurance entities authorised to conduct new or renewal insurance business,
(v) life insurance entities,
(vi) friendly societies,
(vii) registrable superannuation entities designated as public offer funds,
(viii) non-operating holding companies;
(b) 'designated financial entity' means a financial entity that has reported total business income of greater than or equal to $100 million in at least one of the financial years from 30 June 2001 to 30 June 2016 and is either:
(i) a designated APRA regulated entity that is required to lodge a tax return in its own right as it is not a member of a tax consolidated group or multiple entry consolidated (MEC) group, or
(ii) the head entity of the tax consolidation group or provisional head entity of the MEC group, of which the designated APRA regulated entity is a member, where the head entity lodges a single income tax return on behalf of the group, including that entity; and
(c) 'designated information' means information indicating if a designated financial entity has:
(i) lodged a corporate income tax return more than six months after the original due date for one or more of the financial years from 30 June 2001 to 30 June 2016, or
(ii) as at 15 August 2018, not yet lodged a corporate income tax return for one or more of the financial years from 30 June 2001 to 30 June 2016.
That the Senate—
(a) notes that:
(i) cancers with low survival rates (LSR cancers) make up around 20 per cent of the incidence of all cancers in Australia, yet account for around 50 per cent of cancer deaths,
(ii) on 28 November 2017, the Select Committee into Funding for Research into Cancers with Low Survival Rates tabled its report, and made 25 recommendations for improving the survival rates of LSR cancers,
(iii) in accordance with the three-month deadline for government responses to committee reports, the Government's response to this select committee report is almost eight months overdue, and
(iv) patients with LSR cancers, their families and carers are desperate for some hope that serious action will be taken to improve their chances of survival; and
(b) demands that the Government table its well-overdue response to the report of the Select Committee into Funding for Research into Cancers with Low Survival Rates.
That there be laid on the table by the Minister for Indigenous Affairs, by 10 am on 18 October 2018, the final evaluation reports of the Community Development Program.
That the Senate—
(a) notes that:
(i) since September 2018, more than 20 cases of advanced silicosis have been found in Queensland,
(ii) at present, there is no known treatment that can arrest the progress of this disease, and
(iii) previous attempts have been made to raise this issue with the Government, but that they have not taken action on it; and
(b) calls on the Government to:
(i) fund respiratory health assessments of all workers (past and present) in the industry,
(ii) conduct an urgent review of the dust control measures used in the industry, including independent monitoring of dust levels,
(iii) conduct comprehensive enforcement of hazardous substances regulations related to silica dust exposure,
(iv) enforce an immediate prohibition on dry cutting techniques, and
(v) establish a national occupationally-acquired respiratory disease surveillance and registry program.
Discrimination Free Schools Bill 2018
That the following bill be introduced: A Bill for an Act to amend the law relating to discrimination in educational institutions, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
It's unacceptable in 2018, a year after we came together to expand the rights of all Australians to marry the person they love, that religious schools in some states are still able to discriminate against students and teachers on the basis of their sexual orientation or gender identification.
Our schools should be safe and welcoming places for all of us, regardless of your sexuality or gender identity. If you're a student or a teacher or a support worker at a religious school, you shouldn't face being expelled or fired just for coming out as gay or transgender.
That is why today, we are moving a bill to amend the Sex Discrimination Act to bar religious schools from discriminating against students, teachers and other employees on the basis of sexual orientation or gender identification.
This would mean that teachers and contractors can't be sacked simply because of their gender identity or the person they're attracted to. It would mean that schools can't expel their students simply because of their sexual orientation.
Religion plays an important role in the lives of so many Australians and the role of religion in society is indeed a dynamic one. Religion promotes welfare and teaches us to 'love thy neighbour'. Churches, mosques, synagogues, temples—they serve not only as places of worship, but also as places of social gathering and spiritual enlightenment.
Religion provides solace for so many during their darkest days, and it can provide a level of unimaginable peace and joy for millions of Australians. Religion is a deeply personal endeavour, and the Greens believe that the right to freedom of religion should be protected in this country.
However, it must be acknowledged that not all human rights are absolute. We need laws that protect our right to hold a religion, but limit the so-called right to discriminate.
Indeed, there are already provisions under the Sex Discrimination Act for religious institutions to act in a manner that is consistent with the teachings of their faith. This includes the "ordination of Priests, Ministers of Religion or members of any other religious order". So there are already clear provisions in the Act which protect the rights of these institutions, however what's been unclear in the past is when a religious institution crosses over into the territory of providing an essential service.
Take aged care for example. This matter has already been resolved under the Act, and prohibits aged care providers, which have religious ties and receive Government funding, to discriminate based gender identity or sexual orientation. And why is that? Because it's recognised that aged care providers deliver an essential service to the Australian community, and while the religious doctrine may be relevant, it is not central.
We believe the same understanding should be afforded to our schools. Yes, the religious doctrine may be relevant to many aspects of an educational institution. But this is not the sole purpose for the existence of the institution. Its sole purpose of existing is to educate to next generation of young people.
The Ruddock review into Freedom of Religion has been a shamble to say the least. While the report was handed down in May of this year, we are still yet to receive the findings. Indeed, the media have received a copy before the Parliament has.
We know, through these leaks to the media, that the review recommends that religious schools have the 'seal of approval' to discriminate against LGBTIQ students. Provided they make their policies known, discrimination is fair game.
The Government knows that the majority of the community won't stand for this. They definitely know that the voters in Wentworth won't stand for it. And rather than rip off the bandaid, they've decided to delay the release of this report, and by doing so cause unnecessary pain for so many people in our community. Indeed the commentary that we have seen on this in the past week by some has been truly horrifying, and I will not be giving any oxygen to those vile, disgusting beliefs in this chamber.
The refusal of the Government to release the Ruddock Report is just another example of the Liberal Government acting in its own self interests, rather than in the interests of the people who elected them there in the first place.
The Prime Minister came out and said that he doesn't support religious schools being able to expel students based on their sexuality. The Leader of the Opposition also came out and said that he'll work to ensure that no child is denied human dignity. Well today, I say to Mr Morrison and I say to Mr Shorten, now is your chance. Now is your chance to put your money where your mouth is and do what you were elected to do. Rather than just say that you are in opposition to this giant leap back to the 1950's you need to show some leadership and act on it. No more excuses. No more delays.
I want to share with you the experience of one man coming out, because I think it illustrates what is a common experience for so many young people. He came out to his parents when he was 21 years old and it took moving out of his home town and having a few years of slowly letting people know before he could truly come out.
He says that he grew up feeling different to the people around him as he realised he was more interested in guys than in girls. He thought he could hide that part of himself. He wouldn't drink much at parties because he feared that he might somehow betray the image he had concocted, and in high school, he joined the students who were hostile to openly queer students - something he deeply regrets to this day.
He only began feeling comfortable with his sexuality when he realised that he could be open about this, and still be loved by the people around him. He slowly came out to those close to him. First his best friend, then his sister. And then slowly but surely he began living a life that reaffirmed that he didn't need to change, that he belonged.
Right now, there are thousands of children around Australia going through the exact same thing. Right now they are struggling with their sexual and gender identity, in a culture that tells them they are somehow 'different'. And right now, during probably the most vulnerable stages of their lives, our religious schools have the ability to expel a student going through this same experience, rather than providing them with the safe, supportive environment that our schools should be.
These laws. These debates. These attacks. They hurt. They cause harm. They cost people their lives.
The Greens support the right of people to practice religion, but that should not come at the expense of the human rights of LGBTIQ people. Our laws should protect LGBTIQ people from discrimination, not enshrine the right to discriminate against them. That is why the Greens have called for a Charter of Rights, and we'll continue to do so.
Australia is exceptional. Indeed, we stand alone in being the only democracy without some form of national human rights act or bill of rights incorporating protection of freedom of religion. And until we do so we'll continue to have debates like this. And we'll continue to cause harm. And we'll continue to sit in this chamber, week in and week out and not do what it is we were elected to do, and that is to represent the rights of all Australians. Because right now, with the current exemptions in our laws, how on earth can we say we are.
That the Senate—
(a) notes that the Government has repeatedly claimed public interest immunity in response to the orders of the Senate of 19 September and 20 September 2018 for the production of a document, namely, the final report of the Religious Freedom Review Expert Panel;
(b) further notes that, despite these claims of public interest immunity, significant portions of the final report have been leaked to the media, including its recommendations;
(c) in light of the leaking of significant portions of the document, is of the view that there can be no legitimate claim that the public interest is served by withholding the balance of the document;
(d) insists that there be laid on the table by the Minister representing the Prime Minister, by no later than 7pm on 16 October 2018, the final report of the Religious Freedom Review Expert Panel; and
(e) orders that, if the final report is not tabled by the specified time, then:
(i) the Minister be required to attend the Senate on Wednesday, 17 October 2018, before government business is called on, to explain why the minister has not complied with this order for the production of a document,
(ii) at the conclusion of the minister's explanation, any senator may, without notice, move a motion to take note of the minister's explanation, and
(iii) any senator may speak to any motion moved under subparagraph (e) (ii) for not more than 10 minutes, and the motion may be debated for no longer than 2 hours and shall have precedence over all government business until determined.
… hatred toward Jews. Rhetorical and physical manifestations of antisemitism … directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
That the Senate—
(a) notes:
(i) that there are currently around 100 children being detained by the Australian Government on Nauru,
(ii) that many, if not all of these children, are suffering serious psychological disorders, such as 'resignation syndrome', where children abandon all hopes of a better life, and become suicidal,
(iii) that the Australian Medical Association has called on the Government for "urgent action to prevent further harm to the health and welfare of child refugees and asylum seekers on Nauru, [and that] these children and their families be removed from harm and have access to healthcare of an appropriate standard",
(iv) that nearly 6 000 doctors have signed an open letter to the Prime Minister, Mr Morrison, supporting this call from the Australian Medical Association,
(v) Mr Broadbent's statement that "This is an embarrassing humanitarian crisis that the government needs to resolve in a manner acceptable to the Australian people",
(vi) Mr Laundy's statement that "something must be done as soon as possible",
(vii) Ms Banks' statement that this change-of-heart "comes from the hearts and minds of the Australian people", and
(viii) the agreement of these three Liberal MPs that "these kids have been there far too long";
(b) congratulates and thanks the brave Liberal members who told the Government their focus is only on the welfare of the children; and
(c) calls on the Federal Government to immediately bring every child in detention on Nauru to Australia for urgent medical and psychological assessment and treatment, along with the family members of children being assessed and treated. ( general business notice of motion no. 1145 )
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The only solutions that the Liberal and Labor parties have to inequality and wage stagnation come straight from the neoliberal handbook, like ever-increasing company tax cuts and free trade deals that hurt workers.
I think it's just a white Anglo-Saxon cultural thing that we've inherited.
The only solutions that the Liberal and Labor parties have to inequality and wage stagnation come straight from the neoliberal handbook, like ever-increasing company tax cuts and free trade deals that hurt workers.
The only solutions that the Liberal and Labor parties have to inequality and wage stagnation come straight from the neoliberal handbook, like ever-increasing company tax cuts and free trade deals that hurt workers.
That the Senate take note of the report.
Appendix 1
Attachment
Statement pursuant to Section 5 - Protection of persons Referred to in the Senate Privilege Resolutions
By John Lloyd
1. The Merit Protection Commissioner (MPC) submitted a report to the Presiding Officers on 7 August 2018. The Report was titled:
Report of the Results of Inquiries by the Merit Protection Commissioner under S ection 50(1 ) ( b) of the Public Service Act 1999 to the Presiding Officers into Alleged Breaches of the Code of Conduct by the Australian Public Service Commissioner received on 11 January and 4 June 2018.
2. I resigned as Australian Public Service Commissioner on 8 August 2018.
3. I submit that I am named in the Report. I claim that I have been adversely affected in reputation by the references to me in the Report.
4. I set out in this paper a summary of the adverse references that adversely affected my reputation and my response to the references.
5. The impact of the adverse references was amplified by what I consider were most unsatisfactory processes adopted in the handling of the complaints leading to the Report. My rights to a fair hearing were not respected.
Findings of the Report
6. The Report finds that my decision to provide a document to the Institute of Public Affairs (IPA) amounted to a failure to uphold the good reputation of the Australian Public Service (APS).
7. The rationale for this conclusion is flawed.
8. The first aspect of the complaint against me is that the document was created for the sole purpose of providing it to the IPA. This was not sustained. Ample evidence was produced to prove that the paper was created for another purpose. The MPC accepted this point and made a finding that this ground of the complaint was not sustained.
9. The second aspect of the complaint was that providing the document to the IPA was inappropriate.
10. It is asserted that I should have diverted the request for the document to a Media Team, another SES officer or I should have directed the IPA to submit a Freedom of Information request for the material.
11. The reasoning for this conclusion is unsound. The Australian Public Service Commission (APSC) receives numerous requests for information. It is a normal and embedded part of the business of the
APSC. Agencies like the APSC have a responsibility to share information with outside bodies and the public.
12. The APSC as a central government agency compiles extensive information that is of interest to others. The APSC shares an enormous amount of data and information with outside entities. The entities typically include think tanks like the IPA, academic researchers, unions, employer groups, international entities e.g. the OECD and other government bodies in Australia and overseas. The clear operating context is to provide the information if it is within our possession .
13. The document containing the information that the IPA requested was in our possession. It was therefore straightforward to provide the document to the IPA.
14. I submit it would be ludicrous to request the IPA to submit a FOI report. This would involve unnecessary delay and cost for both parties. I have never adopted such an approach in circumstances like this.
15. A decision to pass the request to another SES officer would have the appearance of a contrived arrangement. It would be seen as simply a device for me to avoid responsibility. The document was in existence, a number of officers had contributed to it. I informed others of the request that was made to me by the IPA. The straightforward, efficient and simple approach was to email the document to the Executive Director of the IPA.
16. The Report observes that a contributing factor to its finding was that by providing the report controversy arose for myself, the APSC and the public service . I assume this view is based on a reaction from those opposed to the Government's bargaining policy, particularly union officials.
17. Such an assertion displays a staggering ignorance and naivety of the way workplace bargaining is conducted.
18. The APSC was responsible for coordinating the implementation of the policy in a hard bargaining environment. The policy contained an explicit objective of removing restrictive content from enterprise agreements. The unions and the Opposition were very critical of the Government's policy. As APS Commissioner I was expected to take a leading role in implementing the policy.
19. The Report argues the provision of the paper to the IPA would be seen as "building a coalition of support for his views." This observation misconstrues the nature and fierceness of the workplace bargaining circumstances and my responsibilities as APS Commissioner. It is entirely reasonable and appropriate to build support for the Government's policy. The opponents employed a range of tactics with vigor to build support for their position. It is would be contrary to my obligation as APS Commissioner, responsible for the good reputation of the APS, not to build support for the policy position of the Government.
20. Most statements I or the APSC made were vigorously rebutted by strong language and attacks from union officials. Misrepresentation of APSC statements and advice by the unions occurred regularly. It is ridiculous in the extreme to assert that the action to build support and to use the term " soft
agreements" in these circumstances was inappropriate e.
21. The MPC and the Report has consistently ignored the backdrop to this early period of my tenure as APS Commissioner. The unions and some ALP parliamentarians opposed my appointment to the posit ion from day one. They indulged in very personal attacks. Any position I advocated inevitably generated strong opposition and criticism. I am accustomed to this tone of response from such people. I have never chosen to succumb to personal abuse. The reasoning in the Report takes one down the path of yielding to such tactics. Such an approach would have been contrary to my responsibilities as APS Commissioner.
22. The Report observes that I did not act with dishonesty or a lack of integrity. However, curiously I did not act ethically. I find the reasoning hard to follow. It conveys the sense of a hard search to find
something adverse.
23. All other elements of the two complaints were not sustained.
Conduct of the Inquiry
24. I wrote to the Presiding Officers on 6 August 2018 setting out my concerns about aspects of t he conduct of the Inquiry. I also wrote to the MPC on 2 August 2018 outlining the concerns in some detail. The letter to the MPC is attached to the Report.
25. I consider that the inquiry was conducted in such a deficient manner that it miscarried and that my right to a fair hearing were manifestly infringed.
26. I now summarise my concerns .
27. Conflict of Interest. Mr John McMillan was appointed by the Acting MPC on about 14 June 2018 to investigate the complaints. I discovered in late July 2018 that he had given a media interview in September 2015 strongly criticising an aspect of my performance as APS Commissioner. Mr McMillan was upset about views I had ventured about freedom of information He described my position as "terrible." Three media outlets carried the interview and associated commentary. My discovery occurred at a time when the investigation was near completion.
28. I then learnt from the Report on 7 August 2018 that the Acting MPC knew of this public criticism at the time Mr McMillan was appointed. Apparently, he and the MPC conclude d that this did not constitute a conflict of interest. It is reasoned that the comments concerned matters unrelated to this inquiry.
29. That position with respect does not stand scrutiny. The criticism are adverse comments about how I was discharging my responsibilities in the position of APS Commissioner. The position subject to the investigation Mr McMillan conducted. It is crucial that such inquiries are seen to be impartial in a manner that is beyond doubt. I deal with many code of conduct complaints. I treat conflict of interest considerations with the utmost care. I would decline to personally conduct an investigation in these circumstances.
30. Mr McMillan has, given his career experience, some expertise in the area of freedom of information. He was obviousl y aggrieved by my comments; to such an extent he felt compelled to call them out in a media interview about his career. Debate about FOi is ongoing and many people articulate views on the matter. It is clear however that Mr McMillan took note of my views to such an extent that he wanted to challenge and denigrate them publicly. This to me presents a real conflict situation.
31. The Acting MPC did not bother to alert me to this potential conflict. Neither did Mr McMillan. I was denied the opportunity to make a submission on the question of whether Mr McMillan should recuse himself. If I had been given the opportunity I would have sought that outcome.
32. The course of events gives rise to an alarming incongruity. I was being examined on the question of whether my actions constituted a conflict of interest. However, the inquiry itself is compromised by a potential conflict of interest that was concealed from me.
33. Terms Exceeded. The terms of the inquiry conducted by Mr McMillan were to investigate whether the document had been prepared for the sole purpose of providing it to the IPA. These terms are clear and are stated in letters that passed between the Acting MPC, Mr McMillan and myself.
34. Mr McMillan concluded that the document was not created for the sole purpose of providing it to the IPA. Howe ver, he proceeds to make a finding that the provision of the document resulted in a breach of the Code of Conduct. This mean t he made a finding that was beyond the terms of his investigation. I submit due process was ignored.
35. I was never informed that the investigation was going to travel beyond its terms. If I had been so informed my evidence and the documents I relied on would have been materially different. This is a crucial point. My interpretation of the limited scope of the inquiry was not challengednor explicitly repudiated in any form. The MPC case rests on me interpreting the subtleties in the scope of questioning during an interview of almos t 2 hours conducted by Mr McMillan. The M?C clearly fai led to clarify a changed or expanded scope of the inquiry on any occasion. No advice was provided such as - the terms of the inquiry advised to you by the Acting MPC and Mr McMillan are limited/repudiated and a broader scope of Inquiry is to be followed
36. In a conversation responding to Mr McMillan's draft report I raised this issue of going beyond the terms of the inquiry. Mr McMillan responded with words that troubled me. He said something like" they (or there would be) disappointment if the broader issue was not addr essed ." When I challenged him who they were he was evasive and did not answer.
37. Also, the Acting MPC decided in June 2018 that there was no case to answer regardin g the provision, rather than the creation, of the documen t to the IPA. It was a concluded decision. The decision was then reflect ed in the terms of Mr McM illan 's investigation. It is invalid for the MPC to subsequently reopen and reconsider the June 2018 decision. Even if the MPC believed this course was defensible, I should have been afforded an opportunity to respond to the broader consid erations. I was not given such an opportunity.
38. Transcript. Mr McMillan conducted a 1 hour 50 minute recorded int erview with me. I was promised a transcript of the interview. This would allow me to verify its accuracy and rely on the transcript to respond to any findings that emerged from the interview.
39. This arrangement failed to be upheld. I had to request the transcript to be provided to me. I received it only hours before I was required to reply to the draft findings of Mr McMillan. The reports that encompassed those findings were 21 and 12 pages in length respectively. The transcript was 102 pages in length.
40. Haste of Inquiry. The inquiry was delayed. Several months elapsed between the lodging of the first complaint and the commencement of the inquir y. I then ann ounced my retirement from the APS Commissioner position with effect from 8 August 2018. The announcement was made on 4 June 2018.
41. This has resulted in rushed processe s and unreasonable timelines compounded by a very formal and legal disposition to the conduct of the matter. The end result was unreasonable deadlines being
imposed on me and a firm resistance to any extensions of time.
42. Witnesses were not interviewed to my know ledge. I find it surprising that witnesses such as Mr Roskam of the IPA, senior APSC executives and former Minister Abetz were not apprcached to give evidence.
43. Leaks. I have been dismayed by at least two very damaging leaks to media outlets. One was the details of a complaint. The other was the leaking of large and important aspects of the Report almost two weeks before it was tabled in the Senate.
44. I complained on both occasions to the i\/lPC. I have not even had the courtesy of a response to my complaints. I have no evidence or assurance t herefore that the MPC t akes the leaking of material as a serious transgression.
45. The leaks of course were intended to damage my position and reput at ion. The result was more adverse publicity pre-judging the outcom e of proper process and an enlivening of abusive social media commentary.
46. Conclusio n. Many aspects of the inqu iry have been most unsatisfactory and prejudiced my right to a fair procedure. Also, the report's finding adversely affect ed my reputation.
47. I acted openly, honestly and with integrity in providing the document to the IPA. I made no attempt to disguise my actions. I have thro ughout my car e er been prepared to challenge union policies and tactics. This has been expected of me in a num ber of senior roles, includi ng as APS Commissio ner. It is importa nt that senior leaders embrace such responsibilit ies to ensure the APS Employment Principles and APS Values are upheld.
28 August 2018
That the Senate take note of the report.
It will make an enormous difference to not only the lives of the people who live beside it, but also to the cattle, fruit and vegetable, agricultural and minerals industries.
That the Senate take note of the statement.
We are a nation smart enough and brave enough to take the next step and now we have the government motivated enough to do just that.
The Northern Australia Infrastructure Facility continues the legacy of other great nation building initiatives that Australian governments had taken in the past, like the Snowy Mountains scheme and interstate railways.
Aviation Transport Security Amendment Bill 2018
Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018
Both Coles and the Shop, Distributive & Allied Employees Association (SDA) had fought for years to keep the previous deal which paid tens of thousands of workers less than the minimum rates of the award, the basic wages safety net.
The old deal slashed - or did not pay at all - penalty rates and other entitlements in exchange for modest increases in hourly pay.
In 2016, the full bench of the Fair Work Commission found that deal failed the "better off overall test", the legal test that workers have to be paid more than the award.
More than half the workforce was underpaid, evidence from Coles' own expert showed.
It took nearly another two years of legal wrangling after that Fair Work ruling for a new agreement to take effect. That deal now largely reflects the minimum rates of the award.
Nelio Da Silva, who has worked for more than five years at Coles, now gets paid an extra $140 a week under the new deal.
He recently joined the new union, the Retail and Fast Food Workers Union, whose secretary Josh Cullinan exposed the Coles deal in 2015.
The TPP is all about looking after the big end of town, maximising profits for multinational corporations at the expense of what is best for the Australian public.
These big businesses will be able to bring temporary workers into the country without even advertising those jobs locally, taking away training and employment opportunities for young Australians.
The committee divided. [18:49]
(Chair—Senator Lines)
(1) Page 2 (after line 12), after clause 3, insert:
4 Review of this Act
(1) The Minister must cause a review to be conducted of the operation of this Act.
(2) The review must be conducted as soon as practicable after the end of 6 years after Schedule 1 to this Act commences.
(3) The persons who conduct the review must give the Minister a written report of the review.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
5 Sunset provision
This Act and the Customs Tariff Amendment (Comprehensive and Pro gressive Agreement for Trans-Pacific Partnership Implementation) Act 2018 cease to have effect at the end of 10 years after Schedule 1 to this Act commences.
I just don't know how you could say by 2050 that you're not going to have technology that's going to enable good, clean technology when it comes to coal.
Coal does form a very important part of the Australian energy mix.
Discrimination Free Schools Bill 2018
I teach at a conservative Catholic primary school. I am constantly afraid that someone will find out and that I will lose my job. I am the main income earner and my employment is incredibly important. I worry that I will lose my job. I worry that my employer won't give me a good reference if she finds out. This could affect my future employment opportunities. I feel like a criminal and I have done nothing wrong.
I have been experiencing insomnia and a lot of anxiety based on the government's willingness to use queer children and children of queer parents as political pawns, sacrificing the mental and emotional health of our young people to satisfy the religious right.
I have a child in grade 6 at a Catholic primary school. His teacher is the most amazing woman and has taught my son to absolutely come out of his shell this year. Two years ago she taught my daughter in grade one. The teacher was her greatest supporter when she wanted to change the Catholic girls uniform to pants, so my sporty daughter felt more comfortable to be herself. Yet this teacher can't be herself because the school system won't accept her for her.
Most of these claimants who were successful on appeal were able to persuade the AAT of their DSP medical eligibility on the basis of additional evidence obtained after the decision of the Authorised Review Officer (ARO) and after the claimant sought legal advice.
… our survey results show that there has been no significant change in the perception of the ease or difficulty in obtaining medical evidence after the streamlined process was introduced.
… people with disabilities … continue to be subject to multiple, aggravated and intersecting forms of discrimination.
The Trans-Pacific Partnership is another disaster done and pushed by special interests who want to rape our country.
Individual enterprise must drive us forward. That does not mean we are to return to the old and selfish notions—
When e-cigarettes are used by smokers instead of conventional cigarettes there is evidence for improvement in individual health …
A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information—which not infrequently is true—recourse must be had to others who possess it.
It is appropriate for a judge to make a submission or give evidence at such an inquiry—
if care is taken to avoid confrontation or the discussion of matters of a political rather than a legal nature, but prior consultation with the head of the jurisdiction is desirable.
Again, the expertise or experience of a judge can be of great assistance in the examination of issues relating to legal or procedural matters.
As long as discretion is exercised, this should not detract from the independence of the judiciary from the legislative and executive branches of government.