The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That the Senate take note of the minister's response.
Sport Australia reiterated its concerns that accepting the nine applications and assessing them without the involvement of an assessment panel would be outside the program guidelines.
While higher scored applications from the competitive process undertaken in August to September 2018 remained available for approval, each of these new or resubmitted applications were approved for funding as part of the third round.
Over a seven year period, Gippsland Ranges Roller Derby struggled to find a venue to operate our club and conduct our training from. We made 40+ separate enquiries each year since our inception and could not successfully secure a council or community provided space to train … The costs of the professional skating rink near us became prohibitive and we were forced to seek another venue or fold.
I will quote to Senator Ludwig a statement made by Senator John Faulkner at a recent conference. The speech, entitled 'Open and transparent government—the way forward', was made at Australia's Right to Know, Freedom of Speech Conference. He said:
… the best safeguard against ill-informed public judgement is not concealment but information. As Abraham Lincoln said: 'Let the people know the facts, and the country will be safe'.
The award of funding reflected the approach documented by the Minister’s Office of focusing on ‘marginal’ electorates held by the Coalition as well as those electorates held by other parties or independent members that were to be ‘targeted’ by the Coalition at the 2019 Election. Applications from projects located in those electorates were more successful in being awarded funding than if funding was allocated on the basis of merit assessed against the published program guidelines.
From a lawyer's perspective, there seem to be at least three areas in which rules are likely to have been broken.
The first concerns the legal obligation on ministers, when exercising administrative powers, to act within the scope of their powers and to behave in a manner that is procedurally fair.
… … …
The second legal issue is whether the minister had any power at all to make these grants. The Audit Office's report expresses significant concern about this.
The third rule that may have been broken is the constitution itself. The Commonwealth Parliament may legislate only with respect to subjects listed in the constitution (known as "heads of power"), such as external affairs, defence or banking. There is no head of power with respect to "sport".
Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Bill 2020
At the end of the motion, add:
", but the Senate calls on the Government to:
(a) come clean on the robodebt disaster;
(b) provide all legal advice relating to the robodebt program to the Senate; and
(c) use the savings generated from this bill to compensate robodebt victims".
The Senate divided. [11:40]
(The President—Senator Ryan)
(1) Clause 2 , page 2 (table item 1 ), omit the table item, substitute:
1. The whole of this Act
As follows:
(a) if this Act receives the Royal Assent before 1 September 2020—1 September 2020;
(b) if this Act receives the Royal Assent on or after 1 September 2020—the first day of the first calendar month that occurs after the end of the period of 2 months beginning on the day this Act receives the Royal Assent.
(2) Page 2 (after line 14), after clause 3, insert:
4 Public and independent review of this Act
(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.
(2) The review must start as soon as practicable after the end of 12 months after this Act commences.
(3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.
(4) The persons who conduct the review must consult:
(a) income support recipients impacted by the amendments made by this Act; and
(b) any stakeholders considered relevant by the persons who conduct the review.
(5) The review must provide for public submissions as part of the review.
(6) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(7) In this section, Minister means the Minister administering theSocial Security Act 1991 .
[public and independent review of amendments]
(3) Schedule 1, item 37, page 8 (after line 32), after subsection 1073A(6), insert:
(7) To avoid doubt, in this section, employment period means the period of time over which the employment income was earned.
The committee divided. [12:47]
(The Temporary Chair—Senator Fierravanti-Wells)
There is another $25 million, additional money, that will be coming out very shortly, possibly as early as tomorrow. This will be specifically going to Tourism Australia for Queensland, and to be able to look at markets. We don't know what's happening here, but we are in the position where, whatever is needed to do it, the money will be rolled out.
… a role model of trade union officialdom. He is the type of official that gives trade unionism a good name.
… companies must meet their tax obligations and where arrangements do not keep pace with community norms, they should be reviewed.
Initially, I had my concerns about being in the facility … but the people here have been really supportive and really lovely.
… it was like a small vacation for me and my family.
… we're just so pleased that everyone is well, happy and able to return to their home states.
… our guests have displayed fantastic levels of resilience, community spirit and optimism throughout their stay. They have been wonderful guests.
Those people remain well and are mildly ill with cold-like symptoms. They do not necessarily need to be in the hospital system but more than likely will enter the hospital system in their home states while they manage the Covid-19 quarantine and procedures.
There's a global virus and we are seeking to contain the virus.
Unfortunately there will be instances where there will be inconveniences for those who would have been in transit and travelling.
That's regrettable but you have to put Australia’s national interests first.
It doesn't say that this area should be contracted out.
o The Chief Medical Officer advised that Australia was already carrying out the activities recommended by WHO, with border, isolation, surveillance, and contact tracing mechanisms already in place for some time.
That the Senate take note of the answer given by the Minister for Defence to the question asked by Senator Wong on special purpose flights.
The Department of Defence is responsible for the cost and provision of Commonwealth transport by air (referred to as Special Purpose Aircraft).
That the Senate take note of the answer given by the Minister representing the Minister for the Environment (Senator Cormann) to a question without notice asked by Senator Rice today relating to Australian bushfires and forests.
The Senate divided. [15:40]
(The President—Senator Ryan)
(1) That there be laid on the table by the Minister for Finance, by no later than 30 April of each calendar year:
(a) all reports and correspondence received by the Minister for Finance under paragraph 4 .12 of the Commonwealth Grants Rules and Guidelines 2017 during the preceding calendar year; and
(b) a summary of the decisions reported under paragraph 4.12 of the Commonwealth Grant Rules and Guidelines 2017, including the Central Budget Management System program title, sub-program, grant activity, grantee, total grant value, grant funding location, postcode, and a brief statement of reason for the decision.
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
(3) This order is of continuing effect.
The Senate divided. [15:46]
(The President—Senator Ryan)
The Senate divided. [15:52]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) that 15 March 2020 will mark one year since the Christchurch massacre, when a racist, hate-filled and violent white supremacist man from Australia killed 51 Muslims during Friday prayers at Al Noor Mosque and Linwood Islamic Centre in Christchurch, New Zealand,
(ii) that the anniversary of Christchurch is a painful reminder to Muslims in Australia, New Zealand and across the world that anti-Muslim racism and white supremacy has fatal consequences,
(iii) the recent concerns of ASIO Director-General, Mr Mike Burgess, regarding far-right extremism in Australia, that:
(A) the extreme right-wing threat is real and growing,
(B) Neo-Nazi groups regularly meet to salute Nazi flags, inspect weapons, train in combat and share their hateful ideology, and
(C) extremists are seeking to connect with like-minded individuals in other parts of the world; and
(b) expresses solidarity with the families, friends and communities of the victims of the Christchurch terrorist attack at this difficult time;
(c) expresses a deep commitment to calling out and stamping out extreme right-wing ideologies, white supremacy and anti-Muslim racism; and
(d) urgently calls on the Federal Government to:
(i) dedicate adequate resources to targeting right-wing extremism, and
(ii) work to stop the spread of hate speech and far-right movements.
The Senate divided. [15:58]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Norwegian oil company Equinor, has announced it is discontinuing its exploration drilling plans in the Great Australian Bight,
(ii) this is an opportunity to celebrate the pristine and precious Great Australian Bight and to protect it for future generations and the rest of the world to come and experience,
(iii) the Bight is ecologically and environmentally significant and home to some of the most unique wildlife in the world with 85% of marine life found in the Bight found nowhere else,
(iv) Australia Institute Research has shown that more than 4 in 5 South Australians (84%) and 7 in 10 Australians want to see the Bight given World Heritage protection, and
(v) in July 2018, the South Australian Parliament called on the state government to work with the federal government to seek listing under the World Heritage Convention of the waters, seabed and coastline of the Great Australian Bight as a matter of urgency; and
(b) calls on the Federal Government to submit the Great Australian Bight for consideration as a World Heritage Site.
The Senate divided. [16:06]
(The President—Senator Ryan)
That the Senate—
(a) notes that the Leader of the Liberal National Party in the Queensland Parliament, Mrs Deb Frecklington, has promised to require government-owned energy companies to invest in renewable energy generation;
(b) supports increased investment in renewable power as the cheapest and cleanest means of supplying our future energy needs; and
(c) calls on the Federal Liberal National Party to support further investment in renewables.
The Senate divided. [16:15]
(The President—Senator Ryan)
That—
(1) The Senate notes that:
(a) the Morrison Government has announced that it intends to privatise Aged Care Assessment Teams (ACAT) from April 2021;
(b) the Minister for Aged Care and Senior Australians said claimed he is implementing a recommendation from the Tune Review;
(c) the Tune Review made no such recommendation;
(d) the Minister for Aged Care and Senior Australians also claimed he is implementing a recommendation from the Royal Commission into the Aged Care Quality and Safety; and
(e) the Royal Commission made no such recommendation.
(2) The Senate condemns the Minister for Aged Care and Senior Australians for failing to adequately explain his decision to privatise the ACAT, despite neither the Tune Review nor Royal Commission making any such recommendation.
(3) At 9:30 am on 27 February 2020, before government business is called on, the Senate requires the Minister for Aged Care and Senior Australians to attend the Senate to:
(a) provide an explanation as to why the Morrison Government is continuing with its tender of ACAT services despite the fact the Royal Commission has stated that it has yet to make recommendations about which sector or mechanism should deliver ACAT-type services; and
(b) that a senator may, at the conclusion of the explanation, move without notice, that the Senate take note of the explanation.
(1) At the end of the motion, add:
"(4) Any motion under paragraph (3) may be debated for no longer than 75 minutes, and senators may speak to the motion for not more than 10 minutes each."
The Senate divided. [16:22]
(The President—Senator Ryan)
(1) That there be laid on the table by the Minister for Finance, by no later than 2 pm on 23 March 2020, all reports and correspondence received by the Minister for Finance from other Ministers under paragraph 4 of the Commonwealth Grants Rules and Guidelines 2017 or 4 of the previous Commonwealth Grants Rules and Guidelines between 1 August 2016 and 31 April 2019.
(2) In the event the Minister fails to table the reports and correspondence, the Senate requires the Minister representing the Prime Minister to attend the Senate on 25 March 2020, by no later than 10:15 am, to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents.
(3) Any Senator may move to take note of the explanation required by paragraph (2).
(4) Any motion under paragraph (3) may be debated for no longer than 60 minutes, shall have precedence over all government business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:25]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Aged Care Assessment Teams (ACAT) are teams of experienced, qualified and highly trained medical, clinical and allied health professionals who are responsible for assessing the level of government-funded care that ageing Australians should receive,
(ii) the Morrison Government sees ageing as a problem and the market as the solution,
(iii) the Morrison Government has announced that it intends to privatise ACAT from April 2021,
(iv) the New South Wales (NSW) Minister for Health and Medical Research, Mr Brad Hazzard, has been highly critical of the Morrison Government's decision to privatise ACAT,
(v) Minister Hazzard has said that "NSW has major concerns" about the Government's plan to privatise ACAT,
(vi) Minister Hazzard has said that "It would worry me if a private company had accountability that went beyond the pure interest of the elderly person",
(vii) Minister Hazzard has said that "It seems pre-emptive and unreasonable to be effectively privatising health aged-care services while the royal commission into aged care is still under way", and
(viii) Minister Hazzard concluded that the Government's decision to privatise ACAT demonstrated that there was "Not a lot of logic there"; and
(b) calls on the Morrison Government to:
(i) listen to the concerns of their colleague Minister Hazzard in the NSW State Government, and
(ii) stop the privatisation of ACAT services.
The Senate divided. [16:30]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) First Nations children are over-represented in the youth justice system and the failure of state and territory governments to address the underlying causes of disadvantage is entrenching children in the criminal justice system,
(ii) the age of criminal responsibility is currently 10 years of age around Australia meaning children as young as 10 are being charged, brought before courts, sentenced and imprisoned, and
(iii) the United Nations has recommended that the age of criminal responsibility for all nations be increased to 14 and the minimum age at which a child could be placed in detention be raised to 16;
(b) welcomes Dujuan Hoosan and his family to Parliament House this week, who will be meeting with Parliamentarians and screening the documentary In my Blood it Runs that features his struggles to integrate his Indigenous culture with the western education system and his experiences in Mparntwe (Alice Springs) with the justice system;
(c) acknowledges Dujuan's courage, leadership and advocacy on behalf of First Nations children and his community; and
(d) calls on the Federal Government to urgently address the underlying causes of youth incarceration including systemic racism, intergenerational trauma and poverty, and to work with state and territory governments to raise the age of criminal responsibility to 14 years, as a minimum.
The Senate divided. [16:35]
(The President—Senator Ryan)
(1) That the Senate notes the inquiries relating to domestic violence in Australia undertaken by the Finance and Public Administration References Committee in 2014-2015 and 2015-2017, and the 2019 Auditor General's report on implementation of the National Plan to Reduce Violence Against Women and their Children 2010-2022 .
(2) That the Legal and Constitutional Affairs References Committee, informed by the reports named at (1), inquire into and report, by not later than 13 August 2020, on domestic violence with particular regard to violence against women and their children, including:
(a) the status of, and any barriers in implementing, the recommendations of the reports;
(b) the adequacy, effectiveness and resourcing of policies, programs, services and responses to domestic violence across the Australian Government, state and territory governments, local governments, non- government and community organisations, business and the media;
(c) immediate and long-term measures that need to be taken to prevent violence against women and their children;
(d) the effects of policy decisions regarding housing, legal services, and women's economic independence limiting the ability of women and children to escape domestic violence;
(e) how the Australian Government and state and territory governments can best support, contribute to and drive the social, cultural and behavioural shifts required to eliminate violence against women and their children; and
(f) any other related matters.
The Senate divided. [16:46]
(The President—Senator Ryan)
That, in accordance with section 5 of the Parliament Act 1974 , the Senate approves the proposal by the National Capital Authority for capital works within the Parliamentary Zone, relating to the Sir John McEwen sculpture, pavement and interpretive material.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Statute Update (Regulations References) Bill 2020
Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020.
That the Senate—
(a) notes:
(i) the spread of misinformation on social media during the recent bushfires, particularly posts that exaggerated the number of bushfires started by arsonists,
(ii) the analysis undertaken by Queensland University of Technology academics that found that a significant amount of social media activity that exaggerated the number of bushfires started by arsonists was indicative of highly automated and inauthentic behaviour, which suggests the existence of a concerted campaign,
(iii) that the spread of such misinformation during the bushfires crisis is highly irresponsible; makes it more difficult for bushfire affected communities to obtain accurate information; makes it more difficult for bushfire affected communities to respond in a timely and safe manner to fires; and demonstrates a callous indifference to the hardship and grief being experienced by bushfire-affected communities; and
(b) acknowledges the importance of:
(i) the accurate reporting of bushfires; and
(ii) the public being able to trust information sources during a state of emergency.
That the following bill be introduced: A Bill for an Act to amend the law relating to intelligence and security, and for related purposes—Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020.
That this bill may proceed without formalities and be now read a first time.
That the Senate acknowledges the important work of federal public servants, Australian Broadcasting Corporation (ABC) staff and Australian Defence Force personnel in the recent bushfire crisis, including:
(a) the work of scientists and other staff at the Bureau of Meteorology who helped to forecast extreme weather patterns and the Commonwealth Scientific and Industrial Research Organisation, who took part in the scientific roundtable on the bushfires;
(b) the ABC’s efforts to provide comprehensive coverage of the bushfires and accurate emergency information to people in bushfire affected areas;
(c) Australian Defence Force personnel, reservists and other staff involved in Operation Bushfire Assist;
(d) those involved in the response effort, from staff at Emergency Management Australia to those in the Department of the Environment in their efforts to support the protection of native wildlife;
(e) those involved in the recovery effort, from staff working to address the mental health impact of the bushfires to those at Services Australia helping to deliver emergency relief payments to people in need; and
(f) staff at the newly-created National Bushfire Recovery Agency.
That the Senate acknowledges the important work of federal public servants to address the ongoing Coronavirus outbreak, including:
(a) consular staff and other public servants who have gone into high-risk areas like Wuhan to evacuate Australians;
(b) officials from agencies in Health and Home Affairs who have managed stringent quarantine procedures, including in the facilities on Christmas Island and near Darwin;
(c) the Chief Medical Officer, Professor Brendan Murphy, and the Department of Health, which have led the public health response to the outbreak; and
(d) scientists at the Commonwealth Scientific and Industrial Research Organisation, whose research is forming an integral part of the rapid global response to the outbreak.
That the Senate—
(a) condemns child exploitation material of any kind and through any medium;
(b) acknowledges that Japanese anime (animation) and manga (graphic novels) are visual mediums which share a unique style in which some media depict children in explicit sexual activities, poses and even being sexually abused;
(c) notes that:
(i) Japanese anime and manga depicting scenes and images of child abuse is readily available for sale at retail outlets, online and for consumption on streaming services in Australia,
(ii) certain anime containing child abuse material has received classification by the Classification Board, allowing it to be imported and sold in Australia, and
(iii) explicit manga is currently not vetted by the Classification Board;
(d) recognises that the Commonwealth Criminal Code Act 1995 prohibits the sale, production, possession and distribution of offensive and abusive material “that depicts a person or a representation of a person who is or appears to be under 18”; and
(e) calls on the Federal Government to:
(i) ensure the current Review of Australian Classification Regulation considers how the Classification Board deals with child abuse depictions in animation and considers extending its oversight to printed materials, and
(ii) facilitate the removal of all such child abuse material in animation and print, as a matter of urgency.
That the Senate:
(a) notes that:
(i) in his statement to Parliament regarding the murders of Ms Hannah Clarke and her children on 24 February 2020, Prime Minister Scott Morrison said “We must reflect on how and where the system failed Hannah and her children, as it has failed so many others. It’s so frustrating. It’s so devastating”, and
(ii) women’s services have consistently identified the need for more funding for the Family Court, prevention and early intervention programs, specialist legal and support services, crisis accommodation and housing support to improve the family law system; and
(b) calls on the Federal Government to adequately fund domestic, family and sexual violence and crisis housing services to ensure that all women and children seeking safety can access these services when and where they need them.
That the Senate take note of the document.
I come to this place as a strong advocate of Liberal values. It is my belief that it is these values, which respect individual freedom and encourage free enterprise as well as the preservation of the environment, that are the best foundation for ensuring a strong, confident and compassionate society in this state. I have always been attracted to the Liberal belief in encouraging initiative and the taking of personal responsibility. In many ways, it could be said that these values underpin the experience of my family in these lands.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
'The Government has no costing for its current climate policies which have us on track for a catastrophic 3.4 degrees of warming'
The recent announcement by federal Labor to target net zero emissions by 2050 provides a great opportunity for the agricultural sector in Australia to diversify and thrive. I’ve watched with interest as some suggest this policy will wipe out Australian agriculture, just as they hypothesised the same for the fossil fuel industry.
Nothing could be further from the truth. I see there is a huge opportunity for both farmers and brand Australia. However, we need to compare apples with apples – not apples to coal, as some are trying to do.
Mariners will see this hairbrush of tall towers from 50 kms out to sea and elevated landlubbers will see it, like it or not, from great distances on land. Its eye-catchiness will divert from every coastal scene on the western Bass Strait coastline.
A net zero emissions future in Australia provides nothing but opportunities for our farmers. And, with 30 years to get there, they are ready, willing and able. It's also the right thing to do.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the document.
Statute Update (Regulations References) Bill 2020
That this bill may proceed without formalities and now be read a first time.
That this bill be now read a second time.
Farm Household Support Amendment (Relief Measures) Bill (No. 1) 2020
That this bill may proceed without formalities and now be read a first time.
That this bill be now read a second time.
Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Bill 2020
(1) Page 2 (after line 14), after clause 3, insert:
4 Review of operation of amendments
(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.
(2) The review must start as soon as practicable after the end of 12 months after this Act commences.
(3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.
(4) The persons who conduct the review must consult:
(a) income support recipients impacted by the amendments made by this Act; and
(b) persons who have expertise in social security law; and
(c) persons who have expertise in any other area of public policy considered relevant by the persons who conduct the review.
(5) The review must provide for public submissions as part of the review.
(6) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(7) In this section, Minister means the Minister administering theSocial Security Act 1991 .
The committee divided. [18:52]
(The Chair—Senator Lines)
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Miscellaneous Measures) Bill 2019