The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019
Senior company executives fear an 'unprecedented rise' in workplace activism—
driven by employee discontent with rising automation, executive pay levels, surveillance of workers and management decisions could cost companies up to 25 per cent in annual revenue.
We had a lot of concern, certainly, from the workers and, more importantly, from their families. You've got to remember that if families see somebody killed they don't want their husband to go out there the next day and be the one who is delivering money and who comes home in a bag.
… in my 25 years as a senior delegate with Armaguard we never ever took strike action for one dollar in wages; it was only over safety and security for our members.
Had the Bill been enacted at the time, it is possible that the HSU would have had its registration cancelled all together, leaving its members without representation. The HSU story demonstrates the danger of the extreme expansion of the cancellation regime.
… no precedent for the degree of state interference in the functioning and establishment of trade unions in comparable industrialised liberal democracies … however … draconian measures of this variety are characteristic of some authoritarian regimes in which independent trade unions are suppressed or entirely prohibited.
The parties that trumpet the cause of "small government" can only keep capitalism spluttering along by using the state to regulate and micro-control the free association of workers. Building on the neoliberal anti-strike, anti-worker platform they received, with gratitude, from the Gillard government, the Coalition is preparing for the possibility of a coming slowdown and the ensuing anger and militancy that might result.
The UFUA and its members seek to ensure the entire community and its infrastructure are safe and protected from emergency incidents. This Bill would impede the UFUA's work in protecting the people who protect us.
Eight hours to sleep,
Eight bob a day,
A fair day's work,
For a fair day's pay.
The union has not displayed—
any contrition or remorse for its conduct.
… … …
Substantial penalties for misconduct, prior to that presently under consideration, have not caused the CFMEU to desist from similar unlawful conduct.
… the facts demonstrate the need to impose penalties which meet the objective of specific deterrence, particularly in relation to the CFMEU whose organisers appear to have shown a somewhat cavalier disregard both of the need to comply with the law and of penalties which have been previously imposed on the union for similar conduct.
I'm just so proud that New Zealand gets to stand as the counterpoint to the kind of politics that has led to Australia’s prison camps being in operation for so long.
We've got a man like this, a human being … trapped for six years, and we get to be the country that stands for inclusion and for human rights and for freedom.
Behrouz, I'm Australian. I'm so sorry and ashamed for the way you and all on Manus Island and Nauru were and are being treated. Raise your voice, tell your story and hopefully change will come.
Behrouz. I have no words to describe how ashamed I am at what has been done to you and to all those incarcerated on the prison islands. Be free now, be free.
Would that they were all free. Behrouz, there are so many of us in Australia glad of your freedom today.
Amnesty International and the ASEAN Parliamentarians for Human Rights (APHR) are seriously concerned for the safety and well-being of Hawi Tin, an ethnic Chin Member of the Union Parliament of Myanmar (MP) from Chin State, who was abducted by the Arakan Army (AA), an ethnic Rakhine armed group operating primarily in the west of Myanmar.
… it would have been much better if it had not been made, because it is really, it is vitally important that that inquiry that is being conducted by the NSW police … is seen to be conducted entirely free of political influence.
Based on the information provided to me by the Commissioner, I consider there is no action required by me.
… spoken with the New South Wales Police Commissioner Mick Fuller about the investigation and the nature and substance of their inquiries …
… all I can point to there is the statement that has been made …
The bill provides a new scheme of unfair dismissal protections to ensure good employees are protected from being dismissed unfairly, while enabling employers to manage under-performing employees with fairness and with confidence.
That the Senate take note of the answers given by the Minister for Finance (Senator Cormann) and the Minister for Trade, Tourism and Investment (Senator Birmingham) to questions without notice asked by Opposition senators today relating to the conduct of a minister.
Ministers must accept that it is for the Prime Minister to decide whether and when a Minister should stand aside if that Minister becomes the subject of an official investigation of alleged illegal or improper conduct.
… I find that Ms Kitching performed these tests. Ms Kitching's denials of knowledge and involvement cannot be accepted.
The NSW Police Force is in the early stages of investigating information into the reported creation of fraudulent documentation.
Detectives from the State Crime Command's Financial Crimes Squad have launched Strike Force Garrad to investigate the matters and determine if any criminal offences have been committed.
Ministers must accept that it is for the Prime Minister to decide whether and when a Minister should stand aside if that Minister becomes the subject of an official investigation of alleged illegal or improper conduct.
That is the advice of Minister Taylor.
… … …
I refer … to Mr Taylor's statement …
… … …
Minister Taylor has made a statement …
That the Senate take note of the answer given by the Minister for Trade, Tourism and Investment (Senator Birmingham) to a question without notice asked by Senator Waters today relating to climate change.
That—
(a) if the notices of motion proposing the disallowance of the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019, standing in the names of the Chair of the Standing Committee on Regulations and Ordinances (Senator Fierravanti-Wells) and Senator McKim, on behalf of the Parliamentary Joint Committee on Human Rights, for three sitting days after today (28 November 2019), have not been resolved by 12 pm on 28 November 2019, the notices of motion be called on and considered together at 3 pm on 28 November 2019; and
(b) if consideration of the motions listed in paragraph (a) is not concluded by 4 pm, the question on the unresolved motions shall then be put.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report, as expeditiously as possible:
No. 1—Fit-Out of Leased Premises for the Australian Taxation Office at 152 Wharf Street, Brisbane.
No. 2—Australian Securities and Investments Commission - Proposed Fit-Out of Leased Premises, 100 Market Street Sydney.
No. 3—Armoured Fighting Vehicles Facilities Program Stage 1.
No. 4—LAND 121 Stage 5B Facilities Project.
No. 5—Reserve Bank of Australia - Head Office Workplace Project.
(1) That the Senate—
(a) notes that:
(i) the Select Committee on Charity Fundraising in the 21st Century tabled its report on 14 February 2019,
(ii) the unanimous report of Labor, Liberal, Australian Greens and United Australia Party senators called on the Australian Government to work with state and territory governments to harmonise Australia's charity fundraising law within two years,
(iii) while government responses to committee reports are due within three months, the government's response to the charity fundraising inquiry has not been forthcoming nine months after the report was tabled,
(iv) the Morrison Government's failure to progress this important issue was highlighted when charity fundraising law reform was absent from the agenda of the Legislative and Governance Forum on Consumer Affairs – key meeting of Commonwealth, state, territory and New Zealand consumer affairs ministers – in Queenstown, New Zealand, on 30 August 2019,
(v) without fundraising law reform, charities raising funds online are required to register and comply with seven state and territory fundraising regulatory regimes,
(vi) the charity and not-for-profit sector has been calling for reform of Australia's charity fundraising laws for several years,
(vii) the Department of the Treasury's 5 year review of the Australian Charities and Not-for-profits Commission (ACNC), delivered on 31 May 2018, identified fundraising law as the major reporting burden on charities, and recommended that fundraising law be harmonised across the country, and
(viii) the failure of the Morrison Government to act on reform to charity fundraising law is costing charities $15 million a year; and
(b) calls on the Morrison Government to:
(i) deliver its overdue response to the report of the Select Committee on Charity Fundraising in the 21st Century,
(ii) stand up for Australia's charities, not-for-profits and their donors, whose donations and fundraising efforts are being needlessly eroded by unnecessary regulatory costs, and
(iii) provide national leadership and – as a matter of urgency – work with the states and territories to harmonise Australia's complex and outdated charity fundraising laws.
(2) That the Senate requires on Monday, 2 December 2019, at 12pm, before government business is called on, the Assistant Minister for Finance, Charities and Electoral Matters to:
(a) table the Government's overdue response to the report of the Select Committee on Charity Fundraising in the 21st Century; and
(b) attend the Senate to provide an explanation, of no more than 20 minutes, of the government's response and for the delay in responding to the committee's report.
(3) At the conclusion of the explanation, any senator may move to take note of the explanation.
(4) Any motion under paragraph (3) may be debated for no longer than 60 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes.
That the Senate—
(a) notes that 11 to 15 November 2019 was Perinatal Anxiety and Depression (PANDA) Week;
(b) recognises that:
(ii) one in five expecting or new mums will experience perinatal anxiety or depression,
(iii) one in ten expecting or new dads will experience perinatal anxiety or depression,
(iv) 100,000 families across Australia are affected by perinatal anxiety or depression every year, and
(v) postnatal psychosis affects one or two new mums in every 1000 and that, if left untreated, the consequences of perinatal anxiety and depression can be devastating; and
(c) calls on the Federal Government to take action to raise awareness about the signs and symptoms of perinatal anxiety and depression, and encourage open and honest conversations about the mental health of expecting and new parents in communities and workplaces.
That the Senate—
(a) notes that the 2019 Grandparent of The Year Award was announced on 1 November 2019;
(b) congratulates the following 2019 Grandparent of The Year Award recipients: Maxine and Geoff Bolland of Willaston, South Australia, in recognition of their tireless advocacy on behalf of a growing number of grandparents working from 'outside the system', to keep children out of foster care and give them the opportunity to thrive;
(c) congratulates the 2019 Community Service Grandparent of The Year Award recipient Michelle Cooper of Nubeena, Tasmania; and
(d) recognises Grandparents Day Magazine for its promotion of important issues to grandparents, and for establishing the Grandparent of The Year Award to acknowledge and celebrate the contributions grandparents make to our community.
That the Senate notes that—
(a) the work of the Australian Public Service (APS) is incredibly important to the lives of Australians;
(b) federal public servants work in a wide range of roles, from regulating the quality of life-saving medicines to providing support during times of tragedy or natural disasters;
(c) nearly two-thirds of the public service work outside of Canberra, and 70% work in implementation or service delivery; and
(d) the enduring and apolitical nature of the APS means that it plays an essential role in maintaining public trust in democratic institutions.
That the Senate—
(a) notes that:
(i) the Department of Home Affairs employs over 130 dedicated and hardworking Queenslanders to process visa applications,
(ii) this is crucial work that ensures the integrity of our visa processing system and is the cornerstone of our sovereignty as a nation,
(iii) the Federal Government's plan to privatise Australia's visa system threatens the livelihoods of over 130 Queenslanders and their families; and
(iv) privatising Australia's visa system will lead to increased costs of visas, greater risks of worker exploitation, data security breaches and will make protecting national security more difficult;
(b) condemns the Federal Government for auctioning Australian jobs off to the highest bidder, and for undermining the integrity of our visa processing system and our nation's sovereignty; and
(c) calls on the Federal Government to guarantee the protection of these 135 jobs in Queensland, and the 2,000 jobs across Australia, which will be lost under the Morrison Government if they persist with their efforts to privatise Australia's visa system.
Commonwealth Electoral Amendment (Transparency Measures—Real Time Disclosure) Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Commonwealth Electoral Act 1918, and for related purposes. Commonwealth Electoral Amendment (Transparency Measures—Real Time Disclosure) Bill 2019.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Australian Labor Party has long supported reforms to protect and strengthen our electoral laws and democratic institutions.
This Bill is following through on our longstanding commitments to improve transparency and rebuild the public's trust in our democracy.
Labor took to the last election a suite of policies aimed at restoring faith in our political systems, including:
Real-time disclosure will immediately improve transparency and strengthen the integrity of our democracy. It is only right that electors can clearly see who is donating to political parties, campaigners and candidates. Voters have the right to know what is happening in their democracy - we must shine a light on those who are seeking to influence political outcomes.
At present, candidates and senate groups must disclose donations within 15 weeks of an election. Political parties, associated entities and political campaigners are only required to lodge a return with the Australian Electoral Commission (AEC) within 20 weeks of the end of the financial year - by 17 November -for donations made in the previous financial year. These annual returns are not then published by the AEC until the first working day in February. That means that it can be up to 19 months before electors are able to know who has made a political donation.
This Bill will require political parties and their associated entities, candidates, and senate groups to disclose donations or gifts received, valued at or above the disclosure threshold, within seven days of receipt. The disclosure return must include the name and address of the person or entity who made the donation; the total amount received and the amount of each individual gift given during the disclosure period; and the date on which the donation was received. This information will be published by the Electoral Commissioner as soon as reasonably practicable.
Political campaigners will be required to make a disclosure within seven days of a gift being used or expended for the purposes of electoral expenditure. This will ease the administrative burden for entities which receive donations for purposes other than political activism or lobbying. It will mean that they will not need to make a decision immediately about what the donation will be spent on. A similar provision exists in Queensland.
2 The Bill does not seek to require third parties to disclose political donations in real time. Third parties are those individuals or organisations who do not spend enough on electoral expenditure in a financial year to qualify as a political campaigner. They are not entities which have a high level of involvement in political processes; it is not their main business or even a substantial part of their business. Requiring third parties to report in real time would be an unreasonable burden on those organisations. Third parties will continue to be required to lodge a return with the Electoral Commission detailing their total electoral expenditure and donations greater than the disclosure threshold which were used to incur electoral expenditure. These returns are required within 20 weeks of the end of the financial year.
We believe a disclosure period of seven days strikes the right balance between transparency and administrative burden. At present, the Commonwealth has some of the worst donation disclosure requirements in Australia. In Queensland, the first state to implement a system of real time disclosure, donations are required to be disclosed within 7 days. Victoria requires donations to be disclosed within 21 days of receipt and New South Wales requires disclosure within 21 days during an election campaign. At a federal level, we can and should do better.
The growth of technology and communication has meant that we now have the ability to report in real time, and, although it's not an easy thing to implement, it is something that can and should be done to give voters enough information as possible prior to an election.
We recognise that this places an additional burden on recipients, but it is a burden that we must bear for the benefit of our democracy. The expensive nature of compliance means a well-funded democratic system is vital if we are to improve transparency.
The Bill will close the loophole whereby multiple donations just below the disclosure threshold go undisclosed. Once a recipient receives one or more donations from the same donor which, in total, are at or above the disclosure threshold, a return will need to be provided to the Electoral Commission. Each subsequent donation made during the financial year from the same donor will need to be disclosed by the recipient.
The real time disclosure regime will be in addition to the requirement for political parties, associated entities and political campaigners to provide an annual return which details total income, expenses and debts. Candidates and senate groups will still be required to provide a return to the Electoral Commissioner 15 weeks after polling day. It is important that this Bill does not displace the requirement for election and annual returns. For political parties, associated entities and campaigners, these returns detail total income and expenditure. For candidates and senate groups, the election return must include details of gifts received and electoral expenditure. Although there will be some doubling up of information provided in the returns required by this Bill, it is of benefit to both recipients of donations and voters to have the current system co-exist with real time disclosure so that all information related to political donations is collated in one return.
The implementation of this reform highlights the need for a properly funded Australian Electoral Commission. The AEC doesn't just run election day; it protects the integrity of our democracy. A well-funded electoral commission is the best defence that we have against the erosion of our democracy.
Commonwealth Electoral Amendment (Transparency Measures—Lowering the Disclosure Threshold) Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Commonwealth Electoral Act 1918 , and for related purposes. Commonwealth Electoral Amendment (Transparency Measures—Lowering the Disclosure Threshold) Bill 2019.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Bill delivers on Labor's longstanding commitment to strengthen our electoral system, and protect Australian democracy.
This Bill seeks to amend the Commonwealth Electoral Act 1918 by lowering the disclosure threshold for political donations from the current rate of $14,000 to a fixed $1,000.
Labor is proud to have continually fought for reform of political donations and improved transparency throughout our political system.
Labor took a clear donations policy to both the 2016 and 2019 elections. In 2016 Labor committed to:
Labor has successfully secured reform on many of these commitments, even from opposition.
A ban on foreign political donations is now in place, and public funding has been successfully linked to campaign expenditure; preventing candidates and parties from profiting from the electoral system.
Reducing the donation disclosure threshold from the current level of $14,000 indexed to inflation to a fixed $1,000 remains an important reform.
It was a Labor Government under Bob Hawke that first introduced a donations disclosure scheme in 1983. The disclosure threshold was set at $1,000 and returns were required to be provided to the Australian Electoral Commission 15 weeks after an election.
In 2006 the Liberal Government under Prime Minister John Howard allowed the disclosure threshold to blow out to $10,000. It was a change made by a Liberal Government that wanted to hide the donations it was receiving.
Then Prime Minister Howard also linked the $10,000 threshold to the CPI. By making that allowance for indexation, the threshold has now blown out to a staggering $14,000.
Ever since the Coalition changed the law and allowed the disclosure threshold to increase, It is completely unjustifiable in the modem era that we consider someone making up to a $14,000 donation is not something a political party should disclose.
Labor's policy has been to return it to the level set by Bob Hawke. And that is what we will do with this Bill. We will return the disclosure threshold to $1,000 and remove indexation.
This Bill will not prevent donations of greater than $1,000 being made. It will simply require donations over this amount to be disclosed to the Australian Electoral Commission. The ability for Australian voters to know who is making large political donations is an important step in restoring the integrity of our democracy.
Central to this is the need for a properly funded Electoral Commission. Lowering the disclosure threshold will necessarily increase the number of disclosures being made. The AEC does more than just run an election every three years. It protects our democracy. It must be properly funded to do so.
That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 2 December 2019, a list of roundtables on the Religious Discrimination Bill since the release of the exposure draft, and a list of organisations attending.
That the Senate—
(a) acknowledges that author, journalist and filmmaker, Mr Behrouz Boochani, will be appearing at the WORD Christchurch literary event on 29 November 2019;
(b) notes that Mr Boochani is also a Kurdish refugee who fled persecution in Iran, sought asylum in Australia and spent 2269 days held by Australia's offshore processing regime;
(c) notes that Mr Boochani is an award winning author and journalist—his memoir, No Friend But the Mountains: Writing from Manus Prison , won the Victorian Prize for Literature, the Victorian Premier's Prize for Nonfiction, the Anna Politjovskaya Prize for Press Freedom and the 2017 Amnesty Media Award, and his work has been published and featured around the world inThe Guardian and other international newspapers;
(d) further notes that Mr Boochani has reported in the media and in his award-winning book of his internment in offshore detention included being jailed for eight days for reporting on a hunger strike in the centre, and twice tortured for several days in the notorious Chauka solitary confinement block for reporting on the conditions in the now-demolished Manus detention centre to the outside world; and
(e) pays tribute to all those involved, including Amnesty International and the United Nations High Commissioner for Refugees, in securing a visa for Mr Boochani to travel to New Zealand to attend the Christchurch literary event.
That the Senate—
(a) acknowledges that anti-Semitic attacks involving face-to-face interactions surged 30% in the year to September, according to the Executive Council of Australian Jewry's annual report on anti-Semitism;
(b) notes that incidents involving direct verbal anti-Semitic abuse, harassment and intimidation increased from 88 to 114, and graffiti attacks more than doubled from 46 to 95;
(c) further notes that, according to the report, anti-Semitic attacks have included physical assaults to abuse, harassment, vandalism and graffiti, threats via emails, letters, phone calls, posters, stickers and leaflets;
(d) repudiates all anti-Semitic attacks in Australia; and
(e) calls for increased Holocaust education in all Australian schools.
That the Senate—
(a) notes that:
(i) recent bushfires have resulted in thousands of insurance claims being filed by affected residents,
(ii) the General Insurance Code of Practice is a voluntary code that is not enforceable by regulators,
(iii) insurance contracts are not currently subject to laws protecting consumers against unfair contract terms, and
(iv) the handling and settling of insurance claims is not considered a financial service and, as such, licensees are not subject to the general obligations to do all things necessary to ensure the service is provided efficiently, honestly and fairly; and
(b) calls upon insurance companies to act with integrity, and to be as sympathetic and as prompt as is possible, when assessing and settling claims made by people affected by the recent bushfires.
That the Senate—
(a) notes that:
(i) robodebt has caused extreme distress, trauma and hardship in the Australian community,
(ii) the Federal Government's recent changes to the averaging process is an acknowledgement that the process is flawed,
(iii) the Federal Government failed to implement the key recommendation contained in the report by the Community Affairs References Committee, Design, scope, cost-benefit analysis, contracts awarded and implementation associated with the Better Management of the Social Welfare System initiative , tabled on 21 June 2017, which was to suspend the program and instead ramped up the program, relentlessly pursuing people on low incomes, and
(iv) there are questions regarding the legality of income averaging, and placing the burden of proof on the income support recipient; and
(b) calls on the Federal Government to immediately abandon automated debt recovery, complete the review of all existing and past alleged debts in a timely manner, and to repay and compensate those who have already paid or commenced paying a robodebt which is found to be an error.
That the Senate—
(a) notes that:
(i) 25 November 2019, was the International Day for the Elimination of Violence Against Women,
(ii) it marked the beginning of 16 Days of Activism against Gender-Based Violence,
(iii) the 16 Days of Activism against Gender-Based Violence concludes on 10 December 2019, which is Human Rights Day,
(iv) on average, one woman a week is murdered by her current or former partner, and
(v) eight women a day are hospitalised after being assaulted by their spouse or partner;
(b) acknowledges that:
(i) violence against women exists in many forms, including physical, psychological, sexual, emotional, social and financial,
(ii) the effort to end violence against women requires unwavering genuine commitment, national leadership and fundamental cultural and attitudinal change,
(iii) the responsibility to end violence against women rests with us all – from communities to individuals, governments, civil society and business, and
(iv) the government and business can make it easier for women to leave abusive and violent relationships;
(c) recognises that the workplace represents a significant aspect of the prevention of family violence and violence against women, and notes that:
(i) financial security and independence is vital to a woman leaving a violent relationship,
(ii) in leaving a violent relationship, women will need to search for new and safe accommodation, and access health, legal and other support services,
(iii) according to the ACTU, leaving an abusive relationship and finding new and safe accommodation costs on average $18,280 and takes an estimated 141 hours, and
(iv) many employers already provide paid family violence leave; and
(d) calls on the Federal Government to introduce 10 days paid domestic violence leave in the National Employment Standards.
That the Senate—
(a) notes that:
(i) more than 2000 children are stillborn in Australia each year,
(ii) the Select Committee on Stillbirth Research and Education identified the need for more support to be provided to bereaved parents and families affected by stillbirth,
(iii) under current laws:
(A) parents are not eligible for a bereavement payment for a stillborn child, but will be eligible for a bereavement payment for a child who dies shortly after birth,
(B) parents of a stillborn child are eligible for a stillborn baby payment, and
(C) the amount of the stillborn baby payment is reduced by half for second or subsequent stillborn children,
(iv) support payments to affected families can relieve financial pressure at a time of high stress by assisting with autopsy expenses, funeral or memorial costs, and access to counselling and health services,
(v) the grief and stress experienced by parents and families in response to a stillbirth is no less than that experienced in response to the death of a child, and
(vi) the grief and stress experienced by parents and families in response to a stillbirth is not lessened by having previously experienced a stillbirth, and the cumulative impact of subsequent stillbirths may increase the physical and mental health impacts on bereaved parents; and
(b) calls on the Federal Government to:
(i) take action to implement all 16 recommendations of the Select Committee on Stillbirth Research and Education, and
(ii) ensure equitable financial support is available to all parents and families experiencing the death of a child prior to, at, or near the time of birth by:
(A) extending eligibility for bereavement payments to parents of stillborn children, and
(B) increasing stillborn baby payments for second and subsequent stillbirths to be commensurate with the entitlements for a first stillbirth.
(1) That a select committee, known as the Select Committee on Autism, be established to inquire into and report on the services, support and life outcomes for autistic people in Australia and the associated need for a National Autism Strategy, with particular reference to:
(a) current approaches and barriers to consistent, timely and best practice autism diagnosis;
(b) the prevalence of autism in Australia;
(c) misdiagnosis and underrepresentation of females in autism data, and gender bias in autism assessment and support services;
(d) international best practice with regards to diagnosis, support services and education;
(e) the demand for and adequacy of Commonwealth, state and local government services to meet the needs of autistic people at all life stages;
(f) the interaction between services provided by the Commonwealth, state and local governments, including:
(i) health and mental health,
(ii) education,
(iii) employment,
(iv) justice, and
(v) housing;
(g) the social and economic cost of failing to provide adequate services, including to support key life stage transitions of autistic people;
(h) the adequacy and efficacy of the National Disability Insurance Scheme (NDIS) for autistic people, including:
(i) autism understanding within the NDIS,
(ii) the utility of the Early Childhood Early Intervention Pathway for autistic children,
(iii) the ability of the NDIS to support autistic people with complex needs, including those transitioning from prison settings, and
(iv) the adequacy and appropriateness of supports to empower autistic people to participate in the NDIS planning process, and exercise self-determination through choice and control over their support services;
(i) the development of a National Autism Strategy and its interaction with the next phase of the National Disability Strategy;
(j) the adequacy of funding for research into autism;
(k) the social inclusion and participation of autistic people within the economy and community;
(l) the capacity and sustainability of advocacy for autistic people;
(m) any bill that relates to matters within the scope of this inquiry that is referred to this committee; and
(n) any other related matters.
(2) That the committee present its final report on or before the first sitting day of October 2021.
(3) That the committee consist of six senators, two nominated by the Leader of the Government in the Senate, two nominated by the Leader of the Opposition in the Senate, Senator Griff and Senator Steele-John.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator;
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee; and
(c) a participating member shall be taken to be a member of the committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.
(5) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(6) That the committee elect as chair one of the members nominated by the Leader of the Government in the Senate, and Senator Stirling Griff as deputy chair.
(7) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(8) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(9) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(10) That the committee have power to appoint subcommittees consisting of three or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to examine.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings, the evidence taken and such interim recommendations as it may deem fit.
(12) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate.
(13) That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
1. In subparagraph (1) (d) after "education" add: ", effectiveness, cost and required intensity"
2. In subparagraph (1) (g) after "adequate" add: "and appropriate"
3. Omit subparagraph (1) (1), substitute:
" (1) (1) the capacity and sustainability of advocacy, self-advocacy and self-determination supports for autistic people, including mechanisms to self-represent to government as enshrined in the United Nations Convention on the Rights of Persons with Disabilities; "
That the Senate—
(a) notes that:
(i) all forms of asbestos are carcinogenic to humans,
(ii) according to the World Health Organisation, an estimated 125 million people around the world continue to be exposed to asbestos at work, including in Australia's neighbours in the Asia-Pacific, and the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos,
(iii) Australia is a founding member of the Asian Development Bank,
(iv) the Asian Development Bank's Safeguard Policy prohibits investments that include the 'production of trade in or use of unbonded asbestos fibres', however, this does not apply to the purchase and use of bonded asbestos cement sheeting where the asbestos content is less than 20% – this in effect is an exemption for almost all bonded asbestos-containing materials used in the construction sector, and
(v) Union Aid Abroad–Australian People for Health, Education and Development Abroad (APHEDA) and their partners in Vietnam, Laos, Cambodia and Indonesia have been at the forefront of work to ban asbestos through the 'Asbestos. Not Here. Not Anywhere' campaign;
(b) congratulates Union Aid Abroad-APHEDA and their local partners for their work in campaigning to ban asbestos in Vietnam, Laos, Cambodia and Indonesia; and
(c) calls on the Federal Government to lobby for a change in policy to end the use of asbestos in Asian Development Bank financed projects.
That the Senate—
(a) notes that:
(i) the Department of Home Affairs employs over 160 dedicated and hardworking South Australians to process visa applications,
(ii) this is crucial work that ensures the integrity of our visa processing system and is the cornerstone of our sovereignty as a nation,
(iii) the Federal Government's plan to privatise Australia's visa system threatens the livelihoods of over 160 South Australians and their families; and
(iv) privatising Australia's visa system will lead to increased costs of visas, greater risks of worker exploitation, data security breaches and will make protecting national security more difficult;
(b) condemns the Federal Government for auctioning Australian jobs off to the highest bidder, and for undermining the integrity of our visa processing system and our nation's sovereignty; and
(c) calls on the Federal Government to guarantee the protection of these 163 jobs in South Australia, and the 2000 jobs across Australia, which will be lost under the Morrison Government if they persist with their efforts to privatise Australia's visa system.
That the Senate—
(a) acknowledges that:
(i) a class action against companies owned by Johnson & Johnson, on behalf of 1350 Australian women who had transvaginal mesh and tape products implanted was won last week,
(ii) thousands of women have been left in severe, debilitating and chronic pain, as well as suffering a significant psychological toll as a result of transvaginal mesh devices,
(iii) transvaginal mesh devices were not properly tested for safety before being allowed onto the Australian market, though Johnson & Johnson, and the associated companies, were aware of the potential for serious complications and they aggressively promoted and marketed them as a cheap and a relatively risk-free way to boost profits,
(iv) women were frequently not believed when they told doctors of pain and symptoms, and
(v) women are still not getting the care and support that they need;
(b) notes that not all the recommendations contained in the 2018 report of the Community Affairs References Committee, Number of women in Australia who have had transvaginal mesh implants and related matters , have been implemented; and
(c) calls on the Australian Government to implement recommendation no. 13 to ensure the women affected by mesh have access to the full suite of services and supports they need.
That the Senate—
(a) notes:
(i) that 2019 marks the 50 year anniversary of the equal pay decision that gave women the right to be paid the same as their male counterparts,
(ii) the Workplace Gender Equality Agency (WGEA) Equality Scorecard, released on 13 November 2019, which found that:
(A) the base salary gap between men and women across all industries and occupations is 15.5% or $15,176 per annum,
(B) when accounting for total remuneration, including overtime and bonuses, the real gap is wider, with men earning $25,679, or 20.8%, more than women each year on average,
(C) the number of female CEOs has remained static at 17.1% , and women make up only 26.8% of board positions,
(D) gender pay gaps favour men across all industries and all levels of the workforce, with financial services, real estate and construction recording the highest gaps,
(E) fewer than 50% of employers offer paid parental leave for employees, and
(F) while 73% of workplaces have a formal policy and strategy in place to support flexible working arrangements for employees, only 2.3% have set targets for men's engagement in flexible work, and
(iii) that the Federal Government's Retirement Income Review Consultation paper acknowledges that the wages gap between men and women affects women's ability to save for retirement, leading to women retiring with lower average superannuation balances than men; and
(b) calls on the Federal Government to:
(i) increase the resourcing for WGEA and expand its coverage to include the public sector,
(ii) require all large employers to publicly report their gender pay gap, and strengthen WGEA's powers to take action against employers who fail to report,
(iii) prohibit the use of pay gag clauses in employment contracts, which disguise the gender pay gap in the private sector,
(iv) require superannuation contributions to be made for employees taking paid parental leave,
(v) set gender pay equality as an objective of awards and the Fair Work Act, and
(vi) take action to close the gender retirement income gap.
(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate, and
(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 10 am on 28 November 2019, any legal advice received by the Government, or Services Australia (Department of Human Services), relating to the decision to stop relying solely on income-averaging processes to raise debts under the Income Compliance Programme.
The Senate divided. [16:12]
(The President—Senator Ryan)
(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate.
(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 5pm on 28 November 2019, all legal advice that has been received by the Government, the Department of Human Services, or Services Australia, relating to the 2015-16 Budget Measure 'Better Management of the Social Welfare System', the Online Compliance Intervention (OCI), the Employment Income Confirmation (EIC), and the Check and Update Past Information (CUPI), known as the 'Online Compliance Programme'.
The Senate divided. [16:17]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) there are 120,000 older Australians waiting for their approved home care package, with many waiting more than two years for the care they have been approved for,
(ii) there are more than 16,000 older Australians who died waiting for the approved home care package which they were assessed for in 2017-18, and sadly, that was approximately 300 older Australians who died each week in that year waiting for care, and
(iii) there are around 14,000 older Australians who entered residential aged care prematurely because they could not get the care they were assessed for and approved for in 2017-18, and sadly, that was approximately 200 older Australians each week having no other choice but to enter residential aged care;
(b) further notes that, since 2017, the number of older Australians waiting for home care grew from 88,000 to 120,000; and
(c) condemns the Morrison Government for its inadequate response to the Royal Commission's interim report, and not providing the home care older Australians need.
The Senate divided. [16:22]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Paradise Dam, located in the drought-declared Wide Bay-Burnett region, opened in 2006 at a cost of $200 million to Queensland taxpayers,
(ii) 105,000 megalitres of water has been released from the dam, and
(iii) it is one of the largest infrastructure failures in the history of Australia; and
(b) calls on the Queensland Government to:
(i) publish the safety and engineering reports that led to the decision to release water from the dam, and
(ii) establish a public parliamentary inquiry into the design and construction of the dam.
The Senate divided. [16:29]
(The President—Senator Ryan)
The need for the Morrison Government to explain what happens to all those who have been victims of robodebt and what happens to the money obtained improperly by the Commonwealth.
This can occur for a range of reasons, for example, where the department was not aware that the person was deceased, a delay in processing, a manual staff error or a combination of all these matters.
Beginning on July 1 this year, Centrelink and the ATO will automatically match data on a daily basis as a way of cross-checking former welfare recipients who have a debt with the Commonwealth.
It is important that the Government explores different means of debt recovery to ensure that those who have received more money than they are entitled to repay their debt.
Beginning on July 1 this year, Centrelink and the ATO will automatically match data on a daily basis as a way of cross-checking former welfare recipients who have a debt with the Commonwealth.
The automation of this process will free up resources and result in more people being referred to the tax garnishee process, retrieving more outstanding debt on behalf of taxpayers.
The Federal Government has suffered a significant setback in its automated debt recovery system, known as robodebt, with the Federal Court finding that the debt of a plaintiff was unlawful.
That the Senate take note of the document.
The past year has been a challenging time for aged care in Australia as a spotlight has been turned on those parts of the system that have failed some of the most vulnerable older Australians. The establishment of a Royal Commission into Aged Care Quality and Safety is a vital step in identifying opportunities, and understanding how to meet the challenges to deliver world-class aged care services now, and into the future.
That the Senate take note of the document.
That the Senate take note of the documents.
So I can go and get eight bottles of wine on my Visa card and you guys—
have got no idea, and I can just pay it off with my other card. That's a new one. That's a beauty! Everyone will be getting Visa cards tomorrow, watch.
Our understanding is that this process would be delivered outside the current Centrelink process, with cards delivered by mail, which is of extreme concern to us. People would be required to utilise websites, emails and call centres to receive the card, make balance inquiries, manage loss of cards and make other inquiries.
This will be difficult for people living in remote locations with limited phone and web access and very poor postal services—and impossible for people living more remotely in one of the Territory's 500 homelands or outstations. It is our strong view that a significant body of work needs to be undertaken to examine how these arrangements can work in remote areas. We do not see this working and remain highly concerned about the impact on existing social crisis services when a number of people will be unable to access their funds.
As with the intervention, the cashless debit card is being rolled forward without consultation or consideration of what might work best for people on the ground … more than 35,000 Territorians have had direct experience of income management over the 12 years, the majority of them being Aboriginal and living in remote communities where life is already very tough.
That the Senate take note of the report.
This 11-year-old thoroughbred last raced in 2014 and had total winnings of more than $100,000. He sells for $340.
I think they have a responsibility up until the time they leave the racing industry. If I sell you my car, Senator, it's no longer my responsibility to maintain it: it's yours.
That the Senate take note of the report.
Generally speaking, about half of the law of the Commonwealth by volume consists of delegated legislation (as opposed to Acts of Parliament). The volume of delegated legislation made each year has increased over time. For example, in the mid-1980s there were around 850 disallowable instruments tabled each year. By contrast, around 1,700 disallowable instruments are now made annually.
From 2010 to 2018, the committee scrutinised a total of 14,862 legislative instruments, and commented on 1,947 of these (approximately 13 per cent).
HEALTH CARE
Dear Stirling
I am writing in relation a question you raised regarding the regulations surrounding public health advertisements during Question Time on Thursday 1 August 2019.
The Therapeutic Goods Act 1989 (the Act) prohibits advertising to the public for prescription medicines, including vaccines. The only exception from this prohibition is content authorised or required by a government in Australia, such as content issued under public health campaigns.
The Act also requires therapeutic goods advertising to the public, for non-prescription medicines or therapeutic goods, to comply with the Therapeutic Goods Advertising Code (the Code). The Code requires advertising to the public to be substantiated and prohibits misleading advertising. Both the Act and the Code are designed in the interests of consumers, balancing the protection of public health with the consumers need for information.
Consistent with the above exception in the Act, both the Code and the exclusion of public health campaigns from its operation are consistent with, and give effect to, the Quality Use of Medicines (QUM).
The policy goal of QUM, a key plank of the National Medicines Policy which enjoys bi-partisan support, is to optimise health outcomes.
Health campaigns sponsored by government are purposefully designed to optimise health outcomes for all Australians - that Australians have the information necessary to ensure appropriate selection of medicines for public health protection. This is the very reason for the Australian Government's investment of $20 million over six years (to 2021-22) to ensure parents and carers get the facts about immunisation.
Similarly, the Code (and the advertising regulatory framework more broadly) is designed to optimise public health outcomes and protect consumer interests. It applies to third parties who provide information to potential consumers about the nature and benefits of therapeutic goods. It is designed to give consumers confidence that the claims they read and/or hear from those who are in the business of promoting medicines are well-founded. This means that, as QUM provides, the consumer can select management options wisely, choose suitable medicines (if a medicine is considered necessary), and use medicines safely and effectively.
I trust this information is of assistance to you. I have provided a copy of this letter to the Minister for Health, the Hon Greg Hunt MP, for information.
Yours sincerely
Senator the Hon Michaelia Cash
MINISTER FOR ENERGY AND EMISSIONS REDUCTION
Dear Mr President
I write with regard to a question I took on notice from Senator Wong during Question Time on Tuesday 26 November 2019 on the matter of the Minister for Energy and Emissions Reduction.
The Prime Minister was made aware of this matter in Question Time on Tuesday 26 November 2019. The Prime Minister has made statements on this matter in the House. I refer Senator Wong to these statements.
Minister Taylor has not been contacted by the New South Wales police and will cooperate should he be contacted.
I have copied this letter to Senator Wong.
Kind regards
Mathias Cormann
Minister for Finance
If we just muddle along like we have for the last four or five years, with a lot of fancy reports but not much real action, then that's not going to do much for the economy.
… while there is little doubt the Government's efforts … in Northern Australia to date have been focused on addressing real issues, there is little evidence that significant gains have been achieved in terms of enhanced economic opportunities or social dividends.
We will fix the roads and telecommunications, build the dams and deliver the certainty that landholders and water users need.
That senators be appointed to committees as follows:
Legal and Constitutional Affairs Legislation Committee
Appointed—
Substitute member: Senator Dodson to replace Senator Carr for the committee's inquiry into the Native Title Legislation Amendment Bill 2019.
Participating member: Senator Carr.
Australian Research Council Amendment Bill 2019
Communications Legislation Amendment (Deregulation and Other Measures) Bill 2019
Family Assistance Legislation Amendment (Building on the Child Care Package) Bill 2019
Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Bill 2019
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
AUSTRALIAN RESEARCH COUNCIL AMENDMENT BILL 2019
Today I am introducing the Australian Research Council Amendment Bill 2019, which amends the Australian Research Council Act 2001 to ensure that Australia's research community can continue to be supported by the funding schemes of the Australian Research Council or ARC.
The ARC's purpose is to grow knowledge and innovation for the benefit of the Australian community by financially underpinning research of the highest quality, and by assessing the quality, engagement and impact of that research. The ARC also provides important advice on research matters and has a respected voice in the Australian research landscape.
ARC funding is awarded on the basis of a competitive peer review process, and it administers the largest single competitive grants process in Australia that is available to researchers across all disciplines from 'STEM' to 'HASS'—the National Competitive Grants Program or NCGP.
The NCGP comprises two programs—Discovery and Linkage—under which are number of funding schemes that provide funding for basic and applied research, research fellowships, research training, research collaboration and infrastructure.
Researchers in universities around the country carry out research every day on different matters affecting the everyday lives of us all, not only in Australia but also right around the world. Cutting edge research is changing our world dramatically, but the incremental progress of long term research programs is also vital for many industries, where commercial success comes from being just a cut above the rest.
ARC Centre's of Excellence, funded through the NCGP, contain many examples of this. A group of physicists at the ARC Centre of Excellence for Quantum Computation and Communication Technology based at the University of New South Wales has just this July announced that they have successfully built a super-fast version of the central building block of a quantum computer. They have constructed and demonstrated the first two-qubit gate between atom qubits in silicon—a major milestone on the team's quest to build an atom-scale quantum computer, all the result of a vision first outlined by scientists 20 years ago. This ARC funded Centre is led by the 2018 Australian of the Year, Professor Michelle Simmons, a great Australian who is also the recipient of an ARC Laureate Fellowship. The success of this astounding feat of research into quantum computing might never have happened in Australia without the continuous funding support that Professor Simmons and her team have had for many years through the ARC.
Many ARC grants are awarded to research teams on the condition that they have integrated their research with Australian industry—the researchers must have at least one industry partner on board, and many of the researchers on these grants are actually located in an industry setting. The ARC's Industrial Transformation Research Program is tailored to this kind of commercial integration, and there are Training Centres and Research Hubs all around Australia, working with hundreds of small businesses and large companies, to give them a commercial advantage and train the next generation of research leaders.
One such Hub which was recently announced, in August by Senator the Hon. Jonathon Duniam, is The ARC Research Hub for Sustainable Onshore Lobster Aquaculture, leading the global charge in establishing the world's first sustainable onshore lobster aquaculture industry. The Government through the ARC is investing $5 million into this research Hub based in Hobart, with Tasmanian manufacturer PFG Group and Tasmanian spiny lobster hatchery operator Ornatas, providing significant additional support. The research team at the Hub, led by Associate Professor Gregory Smith, are building on momentum gained through previous ARC funding, to position Australia at the forefront of onshore lobster aquaculture, with opportunity for technology transfer to other aquaculture sectors.
Many Australian research careers have been set in motion through the award of an ARC grant, and there are fellowships which are targeted towards early career researchers, as well as those at other career stages, and the ARC's Discovery Indigenous scheme provides funding for research led by Aboriginal and Torres Strait Islander researchers.
Research projects led by ARC-funded Aboriginal and Torres Strait Islander researchers are contributing economic, commercial, environmental, social and cultural benefits to both Aboriginal and Torres Strait Islander peoples, and to the Australian community as a whole.
Just to give one example: a research project led by ex-state and Women's National Basketball League player, and a 2019 Western Australia Local Hero, Professor Cheryl Kickett-Tucker at Curtin University, received over $1 million through the ARC's Discovery Indigenous scheme. Professor Kickett-Tucker's work involves the development, implementation and evaluation of Cultural Learnings, a program designed to secure the transfer of knowledge from Aboriginal Elders and carers to children within school environments. The research is aiming to strengthen Aboriginal children's cultural knowledge and self-esteem, to create a positive shift in children's school outcomes such as attendance, behaviour, attitudes, effort and achievement.
The amendments through this Bill are required because the Australian Research Council Act is the legislative basis that supports the financial operations of these grants programs. This Bill will amend the Australian Research Council Act to update the existing funding caps and insert new funding caps through until 30 June 2023 to allow continued funding of quality research in Australia.
The routine update to the ARC's funding caps that is enabled through this Bill provides for anticipated inflationary growth so that the Government can continue to support thousands of research projects like those I have mentioned, research which has applicability and an impact on communities, families and individuals.
The Government has made a significant investment in science, research and innovation—in 2018–19 alone, we have committed $9.6 billion across all portfolios.
Funding the ARC is part of this investment, and over the next four years, with the passage of this Bill, the ARC will deliver over $3 billion in funding for research projects, ranging in size from the tens of thousands of dollars, to the tens of millions.
Australia's future economic prosperity relies on our capacity to harness the knowledge and innovation of our universities and our researchers, and that is why we bring this Bill to the Parliament.
By ensuring the ARC can play its role in supporting and expanding Australia's research strengths, we are ensuring the support of many thousands of direct and indirect jobs that our research and scientific capabilities sustain.
I commend this Bill.
COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION AND OTHER MEASURES) BILL 2019
The Communications Legislation Amendment (Deregulation and Other Measures) Bill 2019 contains measures that will reduce the regulatory burden on the broadcasting and telecommunications sectors. The Bill will also allow for the appointment of an industry body to manage telephone numbering, a function currently undertaken by the Australian Communications and Media Authority (ACMA). The Bill also removes unnecessary and spent provisions.
I will now outline the measures in each of the schedules to the Bill.
Schedule 1
Schedule 1 of the Bill will remove a duplicative obligation in the Broadcasting Services Act 1992 that requires incoming controllers of regulated media assets to notify ACMA of changes in the control of a licence or publication. That Act already requires licensees, publishers and controllers of regulated media assets to notify ACMA of such changes.
Schedule 1 will also remove the requirement in the Broadcasting Services Act 1992 for the film classification scheme to apply to films broadcast on commercial television. The television classification guidelines will apply instead.
Similarly, any breaches of the classification requirements for films broadcast on television by commercial television broadcasting licensees, community television broadcasting licensees and open narrowcasting service providers will no longer be dealt with as breaches of broadcasting licence conditions. Rather, such breaches will be dealt with under the television code of practice.
The National Broadband Network Companies Act 2011 will be amended to allow NBN Co to dispose of surplus non-communications goods. This change will allow NBN Co to sell items like office equipment and vehicles, and better manage its assets.
Amendments will be made to the Telecommunications Act 1997 so that ACMA need no longer consult with an advisory committee before declaring a submarine cable protection zone. It is sufficient that ACMA is required to consult with the Secretary of the Environment Department and the public in these circumstances.
Schedule 2
The Broadcasting Reform Act 2017 introduced the broadcasting spectrum tax arrangement and established a transitional support payment scheme covering financial years 2017-18 to 2021-22. That legislation provides that Network Investments Pty Ltd is entitled to receive a transitional support payment of $632,000 in each of those financial years.
However, one of Network Investments' transmitters was inadvertently excluded in the model used to calculate the payments. Once the existence of that transmitter is included in the modelling, Network Investments is entitled to receive $819,000 per year for 5 years, an additional $187,000 each year. Schedule 2 of the Bill corrects this error and Network Investments will be no worse off as a result of the transition from a revenue-based broadcasting licence fee to an interim broadcasting spectrum tax arrangement.
Schedule 3
Schedule 3 of the Bill will repeal tariff filing arrangements applying to the telecommunications industry under the Competition and Consumer Act 2010 . Division 4 of Part XIB of that Act allows the Australian Competition and Consumer Commission (the ACCC) to collect certain tariff information from carriers and carriage‑service providers that have a substantial degree of market power. Division 5 sets out a tariff filing regime that applies specifically to Telstra.
These provisions impose an unnecessary regulatory burden on industry and there is already considerable pricing information in the public domain.
Schedule 3 will also provide the ACCC and ACMA with greater flexibility to decide what matters to report on. The ACCC will be empowered to decide which telecommunications charges paid by consumers to monitor and report on, having regard to which goods or services are most commonly used by consumers. ACMA's mandatory reporting requirements relating to the performance of carriers and carriage service providers will be limited to national interest matters and data retention requirements. The Minister will retain the power to direct ACMA to report on specified matters.
The ACCC and ACMA will no longer need to provide these reports, or the ACCC's annual report on competitive safeguards within the telecommunications industry, to the Minister and the Minister will no longer need to table them in Parliament prior to wider publication. Instead the ACCC and ACMA will be required to publish the reports on their respective websites within six months of the end of the financial year. The reports will then be available to the public more quickly.
Schedule 3 will also require the ACCC to review any Record Keeping Rules it creates directing specified carriers and carriage service providers to keep or retain certain records to monitor charges paid by consumers. Those review will need to take place at least every five years so that the Rules to remain up-to-date.
Schedule 4
Schedule 4 of the Bill will make minor technical amendments to the Australian Broadcasting Corporation Act 1983 , theSpecial Broadcasting Service Act 1991 and theBroadcasting Services Act 1992 to improve consistency between those Acts and remove redundant provisions.
Schedule 5
Schedule 5 to the Bill would remove redundant and spent legislation within my portfolio.
Schedule 6
Schedule 6 would allow the Minister to appoint an industry-based numbering manager in place of ACMA. The Government wants to allow for such an arrangement in the event industry develops a suitable numbering scheme.
It is possible that the telecommunications industry may be able to manage numbering more efficiently and effectively than ACMA. For instance, the industry could introduce new number ranges more quickly, thereby promoting service innovation. Because service providers are directly involved in developing products, they have a greater incentive to fast-track new initiatives and keep down costs.
The Minister would only be able to appoint someone to be the numbering scheme manager if he or she is satisfied that the proposed manager will be able to administer numbering in accordance with statutory principles that are designed to protect competition, consumers, national security and public revenue.
Schedule 7
Schedule 7 of the Bill will remove the requirement in the Broadcasting Services Act 1992 for ACMA to publish a notice in the Commonwealth Gazette when it is determining, varying or revoking a program standard or standard relating to datacasting. Instead the amendments will require ACMA to publish a notice both on its website and in one or more forms that are readily accessible – like in a newspaper or another website. This will help ACMA better reach its target audience.
Schedule 8
Schedule 8 of the Act will remove the ability of NBN Co under the Telecommunications Act 1997 to issue and keep a register of statements that it will not be installing fibre in a new real estate development, which in turn removes the obligation on a developer to install fibre-ready pit and pipe.
The current provisions require NBN Co, as an industry participant, to make decisions of a regulatory nature. This is not appropriate. The Minister will continue to have the power to exempt developments from the pit and pipe rules if required.
In conclusion, this Bill makes a useful contribution to the Government's commitment to ensuring that Australia's broadcasting and telecommunications laws are fit for purpose. The Government remains committed to removing unnecessary and outdated legislation in light of changing technology and consumer expectations.
I commend the Bill to the House.
FAMILY ASSISTANCE LEGISLATION AMENDMENT (BUILDING ON THE CHILD CARE PACKAGE) BILL 2019
The Family Assistance Legislation Amendment (Building on the Child Care Package) Bill 2019 makes life easier for families and providers using the child care subsidy. It makes some important refinements to the operation of the Government's child care package that was implemented on 2 July 2018.
The child care package represents the biggest reforms to child care since the introduction of Commonwealth Child Care Act in 1972.
The development of the child care package was led by the need for increased investment and genuine reform in early learning and child care. Just over one year into its implementation, it is delivering on both counts.
In coming years, it will bring the Government's investment in early learning and child care to around $10 billion a year, to the benefit of the 1.1 million families utilising approved care.
We have combined two separate payments into a single subsidy that is helping parents access more affordable early learning and child care while they can work, train, study or volunteer.
The Child Care Subsidy provides the most hours of support to the families who work the longest hours. It also ensures the greatest amount of financial support goes to the families who earn the least.
The vast majority of families are entitled to 72 hours or more of subsidised care per fortnight and most families are entitled to a subsidy rate of 50 per cent or more – approximately one quarter are entitled to the highest 85 per cent rate.
The latest Child Care Consumer Price Index figures from the ABS indicate that, across Australia, out of pocket costs for families are 7.9 per cent lower than their peak in the June quarter 2018.
More children and families are using subsidised care than ever before. There's no annual cap for more than three quarters of the families using the system. This is a great relief for those families who previously hit the cap before the end of the financial year.
The Child Care Safety Net, including the Additional Child Care Subsidy and Community Child Care Fund, is also helping our most vulnerable and disadvantaged children, giving them a strong start through access to quality early learning and child care.
Just over 12 months into implementation, it is clear that the Government is delivering on its goal to create a more affordable, accessible and flexible child care system.
We are also taking stock of areas for improvement.
A key to the successful implementation of the child care package was the extensive consultation undertaken with families and the child care sector.
Since July last year, the Government has continued to listen to feedback from families and the child care sector on what aspects of the child care package have worked well, their concerns, and what we could improve.
The key measures contained in this Bill reflect feedback from families and child care providers, and early findings from formal evaluation processes.
This Bill makes amendments to the current A New Tax System (Family Assistance) Act 1999 andA New Tax System (Family Assistance) (Administration) Act 1999 , including:
Another important change introduced by this Bill is the inclusion of In Home Care in the legislation. While In Home Care is currently given effect in subordinate legislation, it was not included in the Bill that gave effect to the child care package, because the final details of the program were not completed until after that legislation was passed.
In addition to including the hourly rate cap for In Home Care alongside other care types, the Bill allows eligibility criteria for access to In Home Care to be prescribed in subordinate legislation to ensure this capped care type is targeted to families for whom other options are not available or appropriate.
The Bill also contains a number of other refinements, corrections and consequential amendments to bring clarity to policy intent, address unintended consequences, and achieve closer alignment with related state and territory laws.
In conclusion, this Bill demonstrates that the Government is making life easier for families and providers using child care subsidy and that the Government has been listening to hardworking Australian families and the child care sector.
The changes in this Bill will reduce regulatory burden on families and child care providers, support vulnerable and disadvantaged families' access to quality early learning and child care, and help parents access financial assistance to support their participation in the workforce.
The Government's landmark child care package is delivering significant and much needed reform. This Bill will ensure the Government continues to build on these significant achievements.
I commend the Bill.
TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) AMENDMENT (ASSISTANCE AND ACCESS AMENDMENTS REVIEW) BILL 2019
I move that this Bill now be read a second time.
The Parliamentary Joint Committee on Intelligence and Security (the PJCIS) and the Independent National Security Legislation Monitor (the INSLM) have important functions in oversight of Australia's national security and counter-terrorism legislation.
This Bill ensures that both the PJCIS and the INSLM have adequate time to complete their reviews of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 .
In its second review of the Assistance and Access Act, the Committee recommended that the deadline for its third review be extended to June 2020. The Chair of the Committee subsequently requested a further extension to 30 September 2020, to allow the Committee to consider any recommendations by the Monitor, who has asked the Committee for an extension until June 2020 to complete his own review of the legislation. The Government supported this recommendation and this request, and this Bill implements that change.
The Government supported the recommendation due to the importance of ensuring a complete and comprehensive examination of the Assistance and Access Act by both the Committee and the Monitor, in the interests of protecting the security and the rights of all Australians.
Given the impact of the Assistance and Access Act's importance in ensuring the safety and security of our community, the Government accepts the PJCIS and INSLM's request for more time to review the Act as they have requested.
Extending the review dates will allow the Committee sufficient time to consider the findings of the Monitor and to undertake comprehensive consultations with industry and the public.
By way of conclusion, I urge the timely passage of this Bill. I also acknowledge and appreciate the extensive and continuing work of the PJCIS and INSLM in reviewing this legislation.
I commend the Bill to the House.
Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Near-new Dwelling Interests) Bill 2019
That these bills may proceed without formalities, may be taken together and be now read a first time.
That this bill be now read a second time.
TREASURY LAWS AMENDMENT (REDUCING PRESSURE ON HOUSING AFFORDABILITY MEASURES) BILL 2019
This Bill implements measures announced in the Government's 2017-18 Budget housing affordability package to improve housing affordability, encourage investment in affordable rental housing and improve the integrity of the tax system. These measures support those already legislated as part of the Treasury Laws Amendment (Housing Tax Integrity) Act 2017 and the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Act 2017.
Schedule 1 to this Bill implements stronger rules for foreign residents owning Australian housing to reduce pressure on housing affordability.
Firstly, foreign residents will be denied access to the main residence capital gains tax (CGT) exemption from 7.30pm AEST on 9 May 2017 except in the case of certain life events that occur within six years of losing their Australian residency.
A grandfathering arrangement will apply for properties already held at that time, with the change taking effect for these properties from 1 July 2020. This will provide foreign residents sufficient time to consider and plan their affairs.
These amendments will also allow foreign residents to continue to access to the main residence exemption within 6 years of becoming a foreign resident if a CGT event occurs to their Australian property and during that period they experience certain life events - their death, or divorce (and equivalent) or terminal illness, or the death or terminal illness of their spouse, or child who is under 18 years old.
Secondly, this schedule addresses an integrity issue with the CGT rules for foreign residents that hold indirect interests in Australian real property, such as land, from
7.30pm AEST on 9 May 2017.
This reform addresses an integrity issue with the principal asset test to require a foreign resident to consider any interests held by its associates, if it disposes of an indirect interest in Australian real property for example by selling shares in a land rich company.
This ensures the principal asset test cannot be circumvented by disaggregating holdings of membership interests.
These foreign resident CGT changes, together with the 2017 expansion of the foreign resident CGT withholding regime, are expected to have a gain to revenue of $510.0 million over the forward estimates period to 2020-21.
Schedule 2 to this Bill delivers on the Government's commitment to introduce tax incentives to boost investment in affordable housing, to create the right incentives and improve outcomes for those in need.
This Bill allows resident investors in qualifying affordable rental housing to obtain a CGT discount of up to 60 per cent from 1 January 2018. Under current arrangements, individuals generally receive a 50 per cent capital gains discount for CGT assets held for at least 12 months. This includes residential investment properties that are supplied for affordable housing.
The additional CGT discount will be available to resident investors who hold affordable housing directly or through certain trusts, such as holding units within a managed investment trust.
To qualify for the additional discount, the affordable housing must be held for a period of at least three years from the start date of this measure, and be managed through a registered community housing provider in accordance with state and territory housing policies and registration requirements.
This measure encourages increased investment in affordable rental housing and forms part of the Government's housing affordability package announced in the 2017-18 Budget.
This measure is estimated to have a cost to revenue of $15.0 million to 2020-21.
Schedule 3 of this Bill is a technical amendment that introduces a reconciliation payment for the near-new dwelling exemption certificate that has already been introduced through Regulation changes on 24 June 2017. This change supports the streamlined foreign investment framework announced in the 2017-18 Budget.
This amendment provides the mechanism for imposing a fee on the developer for each near-new dwelling sale to foreign persons.
I would like to thank those that contributed to the public consultation on the draft legislation for these measures.
In conclusion, the Government through this Bill is creating the right incentives as part of our comprehensive and targeted plan to improve outcomes across the housing spectrum.
Full details of these measures are contained in the Explanatory Memorandum.
FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION AMENDMENT (NEAR-NEW DWELLING INTERESTS) BILL 2019
This Bill contains technical amendments that support changes announced in the 2017-18 Budget that streamlined the foreign investment framework.
These amendments introduce a reconciliation fee on developers for dwellings sold to foreign persons under a near-new dwelling exemption certificate. The near-new dwelling exemption certificate was introduced through regulatory amendments that took effect from 24 June 2017.
Full details of the measure are contained in the Explanatory Memorandum.
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019
The CFMEU has … an extensive history of contraventions … The only reasonable conclusion to be drawn is that the organisation either does not understand or does not care for the legal restrictions on industrial activity imposed by the legislature and the courts.
It seems that the CFMEU feel that they can usurp Parliament and that they can set the law in this country. There is no place for such an attitude in Australian society.
An industrial organisation, be it an employer organisation or an employee organisation, which persistently abuses the privilege by engaging in unlawful conduct cannot expect to remain registered.
In relation to this bill, the committee notes that while there have been a number of changes to the bill including relating to matters the committee previously commented on, these do not fully address the committee's initial concerns.
A changing workplace environment increases the opportunity for unscrupulous employers to evade detection, particularly where vulnerable workers are employed. Wage exploitation of migrant workers also remains a complex issue as it crosses employment, migration, corporations, taxation and other laws.
Well, that's ultimately a judgment for the board of Westpac, I mean it's for the board to make decisions about who should be running banks, not governments.
Here in the Senate, I will continue to fight alongside my colleagues in the union movement for all Australians to be paid a living wage and for all workers to be safe at work.
… significant concerns about the adverse impacts this bill would have on the rights of workers, workers' safety and the safety of the public, the economy and the state of democracy in Australia if it were to be passed by the Senate.
This Bill would allow for Government interference in democratically-run organisations in a way that goes beyond what we have seen in any developed country. Australia already has some of the most restrictive industrial laws in the world, and this would take the country further down an authoritarian path.