The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That so much of the standing orders be suspended as would prevent me from moving a motion relating to the consideration of a matter, namely a motion to give precedence to a motion relating to general notice of motion No.705.
The Senate divided. [10:06]
(The President—Senator Ryan)
That so much of the standing orders be suspended as would prevent general business notice of motion No. 705 being moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [10:16]
(The President—Senator Ryan)
The Senate divided. [10:20]
(The President—Senator Ryan)
(1) That the following variations to the standing orders have effect as a temporary order until the last sitting day in June 2021:
(a) at the end of standing order 66, add:
(5) The following additional requirements apply to the consideration of general business notices of motion as formal motions:
(a) Senators may make (or have made on their behalf) only one request for formality in any sitting week.
(b) No more than 12 motions may be dealt with as formal motions on any sitting day, comprising no more than four proposed by Government senators, four proposed by Opposition senators, and four proposed by minor party and independent senators.
(c) The motions to be considered shall be notified to the President.
(d) The allocation of motions to be taken as formal amongst minor party and independent senators each day shall be determined by the President and, across the course of a sitting week, shall be as nearly as practicable proportional to the numbers of those minor party and independent senators in the Senate.
(e) The restrictions in paragraph (5) do not apply in respect of motions for the consideration of legislation (including the introduction of bills) or the conduct of Senate or committee business (including the appointment of a select committee).
(b) After standing order 76(7), insert:
(7A) A general business notice of motion shall not exceed 200 words, unless it is a motion:
(a) for the consideration of legislation or the conduct of Senate or committee business (including the appointment of a select committee), or
(b) proposing an order for the production of documents.
(2) That the Procedure Committee review the operation of this order, and report to the Senate by the last sitting day in May 2021.
The Senate divided. [10:25]
(The President—Senator Ryan)
An order, resolution, or vote of the Senate may be rescinded, but not during the same session unless 7 days' notice is given—
A question shall not be proposed if it is the same in substance as any question which has been determined during the same session, unless the order, resolution, or vote on such question was determined more than 6 months previously or has been rescinded.
That so much of standing orders, including the one you have just referenced, be suspended as would prevent me from moving a motion to discuss matters pertaining to the cross bench doing its job to hold this government to account, in the normal course of business in this chamber.
The Senate divided. [10:31]
(The President—Senator Ryan)
The Senate divided. [10:35]
(The President—Senator Ryan)
That so much of the standing orders be suspended as would prevent Senator McKim from moving a motion relating to the capacity of senators to raise matters in the Senate that are important to their constituents.
That the ruling of the President be dissented from.
That the question be put.
Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019
(1) Schedule 1, page 3 (before line 5) , before the heading specifying Superannuation Guarantee (Administration) Act 1992, insert:
Fair Work Act 2009
1A At the end of section 187
Add:
Requirement relating to restrictions of choice of superannuation fund
(7) If the agreement includes a restriction on the choice of superannuation fund or funds available to employees, the FWC must be satisfied that the restriction is in the interests of the employees who will be covered by the agreement.
(8) For the purposes of considering whether the restriction is in the interests of the employees, the FWC must consider:
(a) the extent to which the employers who will be covered by the agreement have complied, or are likely to comply, with the requirements of the Superannuation Guarantee (Administration) Act 1992 ; and
(b) the features of the proposed default superannuation fund or funds, including matters such as insurance; and
(c) any other relevant matters.
The committee divided. [10:48]
(The Chair—Senator Lines)
(1) Schedule 1, item 6, page 4 (lines 3 and 4), omit the item, substitute:
6 Paragraph 32C(6 ) ( h)
Repeal the paragraph, substitute:
(h) an enterprise agreement:
(i) made before 1 July 2020; or
(ii) to which subsection (6AAA) applies; or
[choice of fund]
(2) Schedule 1, item 7, page 4 (before line 7), before subsection 32C(6AA), insert:
(6AAA) For the purposes of subparagraph (6) (h) (ii), this subsection applies to an enterprise agreement that provides for an employee to join a fund in relation to which:
(a) the employee is eligible to become a defined benefit member; and
(b) either or both of the following are satisfied:
(i) the governing rules of the fund permit the employee, within a period specified within those rules, to choose not to remain a defined benefit member;
(ii) the employee may choose another fund.
[choice of fund]
(3) Schedule 1, page 4 (after line 16), at the end of the Schedule, add:
8 At the end of section 32F
Add:
(4) A fund (the selected fund ) cannot become a chosen fund for an employee or a person who will become an employee under this section if the person has become or is eligible to become a defined benefit member pursuant to an arrangement of the kind referred to in paragraph 32C(6) (h).
9 Subsection 32NA(2)
After "An employer is not required under section 32N to give an employee", insert "or a person who is eligible to become an employee".
10 Paragraph 32NA(2 ) ( a)
After "the employer is making", insert "or will make".
11 Paragraph 32NA(2 ) ( b)
After "the contributions are made", insert "or will be made".
12 Subsection 32NA(9)
After "An employer is not required under section 32N to give an employee", insert "or a person who is eligible to become an employee".
13 Paragraph 32NA(9 ) ( a)
After "the employee is", insert "or will become".
That the question be now put.
The committee divided. [11:32]
(The Temporary Chair—Senator Askew)
SELECTION OF BILLS COMMITTEE
REPORT NO. 6 OF 2020
1. The committee met in private session on Wednesday, 17 June 2020 at 7.24 pm.
2. The committee recommends that—
(a) the Aged Care Legislation Amendment (Financial Transparency) Bill 2020 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 23 November 2020;
(b) the Banking Amendment (Deposits) Bill 2020 be referred immediately to the Economics Legislation Committee for inquiry and report by 10 August 2020 (see appendix 1 for a statement of reasons for referral);
(c) the provisions of the Biosecurity Amendment (Traveller Declarations and Other Measures) Bill 2020 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 30 July 2020 (see appendix 2 for a statement of reasons for referral); and
(d) the Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by the second sitting day of March 2021 (see appendix 3 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Customs Charges and Levies Legislation Amendment (Sheep and Lamb) Bill 2020
4. The committee deferred consideration of the following bills to its next meeting:
5. The committee considered the following bill but was unable to reach agreement:
(Dean Smith)
Chair
18 June 2020
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of Bill: Banking Amendment (Deposits) Bill 2020
Reasons for referral/principal issues for consideration:
Stakeholder Consultation
Possible submissions or evidence from:
Australian Banking Association (ABA)
Customer Owned Banking Association (COBA)
COSBOA
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s}:
Possible reporting date:
10th August 2020
(signed}
Senator Roberts
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Biosecurity Amendment (Traveller Declarations and other Measures) Bill 2020
Reasons for referral/ principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Rural and Regional Affairs and Transport Legislation Committee
Possible hearing date(s):
To be determined by the Committee
Possible reporting date:
30 July 2020
Senator Anne Urquhart
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill: Biosecurity Amendment (Traveller Declarations and Other Measures) Bill 2020
Reasons for referral/principal issues for consideration: Delegated legislation and changes to penalties
Possible submissions or evidence from: Invasive Species Council
Committee to which bill is to be referred: Rural and Regional Affairs and Transport
Possible hearing date(s): On the papers
Possible reporting date: 30 July 2020
(signed)
R Siewert
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020
Reasons for referral/principal issues for consideration:
The Bill has significant implications for donations and campaign financing, administration of (and compliance with) the Commonwealth Electoral Act, and operation of the AEC.
Possible submissions or evidence from:
Committee to which bill is to be referred: Finance and Public Administration
Possible hearing date(s):
Nov - Dec 2020
Possible reporting date:
March 2021
(signed)
R Siewert
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Electoral Legislation Amendment {Miscellaneous Measures) Bi/12020
Reasons for referral/principal issues for consideration:
The Bill seeks to address the High Court decision in Spence, but the revised s.302C still raises questions about its impact on restrictions on donations under State laws.
The Bill also proposes a range of operational amendments to the Commonwealth Electoral Act 1918
that warrant consideration.
Possible submissions or evidence from:
Committee to which bill is to be referred: Finance and Public Administration
Possible hearing date(s):
September 2020
Possible reporting date:
November 2020
(signed)
R Siewert
That the report be adopted.
At the end of the motion, add:
"and in respect of the Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020, the bill not be referred to a committee."
That general business notice of motion no. 709 be considered during general business today.
That there be laid on the table, by the Minister representing the Minister for Environment, by 9am on 7 July 2020, the draft report of the statutory review of the Environment Protection and Biodiversity Conservation Act 1999 .
That the Senate—
(a) notes that:
(i) the telehealth Medicare Benefits Schedule (MBS) items introduced during the COVID-19 crisis have provided many Australian patients with safe, continued access to healthcare from their homes when they might otherwise have forgone these consultations,
(ii) telehealth provides particular benefits for patients with mobility issues, disadvantaged families, rural and remote patients, and Indigenous Australians,
(iii) the telehealth items, spanning general practice, mental health, specialist, allied health and other consultations have allowed greater protection for healthcare professionals during the pandemic, while allowing them to continue delivering care to patients,
(iv) greater use of telehealth has been a long-term reform objective in the Australian health system for many years, and has the potential to allow greater, more equitable access to healthcare across Australia long after the COVID-19 pandemic, and
(v) the current telehealth items introduced during COVID-19 are due to expire on 30 September 2020;
(b) acknowledges that:
(i) telehealth consultations cannot and should not fully replace face-to-face consultations, but offer choice and accessibility to healthcare when required, and
(ii) video consultations are preferable to telephone consultations where possible, while acknowledging that Australians have inequitable access to high quality broadband services, and some older Australians in particular face barriers to accessing video consultations; and
(c) calls on the Government to make the telehealth MBS items permanent, with a full evaluation after 12 months, including of patient access, compliance, and continuity of care.
That there be laid on the table, by the Minister representing the Minister for the Environment, by 9 am on Friday 26 June 2020:
(a) all documents relating to plans and exploration of plans by the Department of the Environment to reform or amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) between 1 October 2017 and 30 April 2018;
(b) all documents relating to plans and exploration of plans by the Minister for the Environment to reform or amend the EPBC Act between 1 October 2017 and 30 April 2018;
(c) any and all exposure drafts of bills to amend the EPBC Act prepared between 1 October 2017 and 30 April 2018.
That the Senate—
(a) notes that:
(i) Friday, 19 June 2020 marks the sixth annual International Day for the Elimination of Sexual Violence in Conflict,
(ii) UN Action Against Sexual Violence in Conflict (UN Action) plays a vital role in working towards ending sexual violence in conflict by uniting 13 UN entities to amplify advocacy, improve coordination and accountability, and support prevention and response efforts, and their six guiding principles are:
(A) rape is not an inevitable consequence of conflict – it must be prevented,
(B) gender-based violence, including sexual violence, is a violation of fundamental human dignity and rights,
(C) attempts to end sexual violence must address gender-based inequalities by empowering women and protecting and promoting their rights,
(D) the constructive involvement of men and boys is vital,
(E) survivors of sexual violence must guide advocacy and programming efforts to end sexual violence and secure peace, and
(F) sexual violence in conflict is one of history's great silences – we all have a duty to act, and
(iii) sexual violence in conflict continues to affect millions of people, especially women and girls; it persists due to ineffective protections, inadequate rule of law and judicial systems, and under-resourced support services for survivors, and sexual violence during conflict can constitute a war crime, crime against humanity and act of genocide, and it must be prevented;
(b) acknowledges that:
(i) the focus of this year's commemoration event is the impact that the COVID-19 pandemic is having on victims and survivors of conflict-related sexual violence,
(ii) COVID-19 is having a detrimental impact on all aspects of the lives of victims and survivors of conflict-related sexual violence, and
(iii) quarantine, isolation and movement restrictions, and limitations on services, exacerbate the social and structural barriers to reporting and monitoring sexual violence in conflict; these crisis-related limitations also reduce the availability of support services for survivors, including health services, justice services, counselling services, and emergency housing services; and
(c) calls on the Government to increase support for UN Action efforts to eliminate the occurrence of sexual violence in conflict.
That the Senate—
(a) notes that recent research published by the Open University on investment in the care industry found that:
(i) if Australia invested 1% of GDP in the care industry, it would raise the employment rate by 1.2% which, as a point of comparison, is more than the same investment in the construction industry,
(ii) investment in the care industry would result in 79% of new jobs being filled by women, thereby helping to reduce the gender employment gap in Australia, and
(iii) the fiscal returns from investing in the care industry are higher compared to investing in other industries, allowing greater investment for the same net cost;
(b) acknowledges that the care industry, including the education, health, aged care and child care sectors, play a critical role in Australia's recovery from the COVID-19 crisis; and
(c) calls on the Government to invest in the care industry to generate new jobs, close the gender employment gap and ensure we have the workforce to deliver universal access to essential services.
That the Senate—
(a) notes that the Victorian Premier, Mr Daniel Andrews, yesterday, said of South Australia, "Why would anyone want to go there?";
(b) presumes he actually meant "why wouldn't everyone want to go there?";
(c) recognises that approximately 40% of South Australia's interstate tourism market comes from Victoria;
(d) acknowledges the many reasons why thousands of Victorians travel to South Australia each year, including (but not limited to): Kangaroo Island; the Fleurieu Peninsula; the Flinders Ranges; the Adelaide Hills; the Barossa Valley; McLaren Vale; Coonawarra; Port Lincoln; Port Pirie; Renmark and all the regions; world class food and wine; real iced coffee; houseboats on the Murray; the Christmas Pageant; the Adelaide Festival; the Adelaide Fringe; fritz; FruChocs; the Tour Down Under; the city parklands; Vili's pies; Haigh's; the Adelaide Strikers, Port Power, the Crows, and no congestion;
(e) calls on Premier Andrews to take a moment, enjoy some FruChocs and a Farmers Union (real) Iced Coffee and concede that South Australia is a wonderful, vibrant and welcoming tourist destination; and
(f) encourages all Australians to back the South Australian Tourism 'Welcome Back Campaign' which looks forward to welcoming all Aussies to '#IchooseSA' as borders re-open.
That the Senate:
(a) notes that:
(i) the COVID-19 crisis has further exposed existing inequalities in our broken housing system,
(ii) renters across Australia face eviction as COVID-19 related eviction bans come to an end across states and territories, and
(iii) as the economic crisis continues, more people are at risk of homelessness than ever before;
(b) calls on the Government to:
(i) increase funding for emergency housing,
(ii) invest in building more public and community housing which will create construction jobs and apprenticeships, and provide homes for people,
(iii) direct lenders to implement mortgage relief, where needed, with no interest accrual, a ban on foreclosures and a freeze on owners' credit ratings,
(iv) permanently increase income support, and
(v) implement a national plan to end homelessness; and
(c) calls on the National Cabinet to:
(i) implement waivers for rent arrears, with relief for those with rental debts, and
(ii) agree on a national standard of renters' rights and rental laws to protect people from unfair evictions.
The Senate divided. [12:00]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) the important and brave contribution of all Australian workers throughout the COVID-19 pandemic, and
(ii) the high cost of union fees for workers who belong to a union; and
(b) calls on all senators to lobby and encourage unions representing Australian workers to reduce union fees in the medium term to acknowledge the contribution and financial hardship of these workers.
The Senate divided. [12:08]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) truck drivers across Australia are under pressure because of the squeeze on rates,
(ii) pressure on truck drivers does not exist in isolation; it has real life consequences which can be catastrophic,
(iii) truck driving is Australia's deadliest industry, with around one in three workplace deaths involving a transport worker,
(iv) maintaining safe rates of pay for truck drivers contributes directly to increased road safety for all road users,
(v) longstanding state laws in Australia provide owner-drivers with certainty over their rates,
(vi) during the pandemic, truck drivers have risked their health and lives to continue delivering goods, crossing closed state borders, finding truck stops shut or unable to provide them with hot meals or showers, and
(vii) in response to an opinion article urging fellow owner-drivers not to undercut each other during the COVID-19 pandemic, on 1 June 2020 the Australian Competition and Consumer Commission (ACCC) wrote to owner-driver Mr Frank Black threatening criminal charges carrying jail terms; and
(b) further notes that the ACCC has been asked to:
(i) withdraw the letter and accusations levelled at Mr Frank Black therein,
(ii) apologise to Mr Frank Black, and
(iii) confirm that the ACCC will commence a detailed inquiry into destructive competition in the road transport industry that sees those at the top of the supply chain squeezing transport operators, their employees and owner drivers like Frank Black into deadly circumstances.
That—
(1) The Senate notes that:
(a) the House of Representatives Select Committee on Regional Development and Decentralisation released the 'Regions at the Ready: Investing in Australia's Future' report on 28 June 2018;
(b) recommendation twelve of that report called on the government to develop a clear regional development policy through a comprehensive Regional Australia White Paper, following a Green Paper public consultation process;
(c) the Government established an expert panel to "undertake a targeted assessment of the key issues raised in the Report, including the development of a White Paper" which was to report to Government by 31 March 2019; and
(d) the report of the expert panel has not been made available to the Parliament or to the public.
(2) There be laid on the table by the Minister representing the Minister for Infrastructure, Transport and Regional Development, by no later than 18 June 2020, a copy of the expert panel report on the 'Regions at the Ready: Investing in Australia's Future' report.
The Senate divided. [12:18]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) suicide by current and former Australian Defence Force members continues to claim at least a life a week,
(ii) on 5 February 2020, the Prime Minister said his National Commissioner for Defence and Veteran Suicide Prevention would be "bigger and better than a Royal Commission", and
(iii) on 27 February 2020, the Senate disagreed with the Prime Minister;
(b) again condemns the Morrison Government's proposed National Commissioner for Defence and Veteran Suicide Prevention as a poor imitation of a Royal Commission;
(c) believes that nothing short of a Royal Commission into Veteran Suicide can address this painful and ongoing scourge;
(d) expresses its view that:
(i) the Prime Minister's National Commissioner will have neither the power, nor the resources, of a Royal Commission, and can in no way be considered "bigger and better",
(ii) any insistence on this unproven, experimental model over the proven and successful model of a Royal Commission is made knowing that it risks making things worse, not better;
(e) calls on the Morrison Government to establish a Royal Commission into Veterans' Suicide, with a clear start and end date; and
(f) invites the Royal Commissioner to recommend that a standing, permanent capability be established to oversee reform, should the Commissioner see fit to do so.
The Senate divided. [12:27]
(The President—Senator Ryan)
That the Senate—
(a) recognises the hard work, dedication and sacrifice of the over 80,000 state and federal police officers in Australia;
(b) notes that, in 2018-19, over 9,000 police officers were injured in the line of duty throughout Australia, more than one officer every hour;
(c) further notes that the 2018 'Answering the call' national survey, found that over 24 per cent of police officers reported that they are sometimes or often physically assaulted when undertaking work duties; and
(d) condemns those calling for the defunding of our essential police forces, including the views expressed by NSW Greens Legislative Councillor Mr David Shoebridge, who has stated that "That's what #defundthepolice could look like here in NSW".
The Senate divided. [12:37]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) six babies a day in Australia are stillborn, and the rate of stillbirth in Australia has not changed in 2 decades,
(ii) the Senate Select Committee into Stillbirth Research and Education heard many stories from parents and grandparents of stillborn babies about the silence around stillbirth and the solitary nature of this particular grief, and
(iii) the Committee made recommendations to improve bereavement support for parents and that the Government has accepted or accepted in principle all recommendations from the Committee's report;
(b) acknowledges that social distancing restrictions, which have been necessary during the COVID-19 crisis, will have compounded the grief and sorrow for families mourning their stillborn babies; and
(c) extends condolences and sympathies to the families of stillborn babies in Australia, especially during the COVID-19 crisis.
That the Senate—
(a) notes that:
(i) regional Australia is a fundamental pillar of our economy, and will play a critical role as we emerge and rebuild from the economic impacts caused by COVID-19,
(ii) our regional, rural and remote areas punch well above their weight; they represent just under a third of the national population, yet contribute two thirds of our national income,
(iii) regional Australians have had to endure the COVID-19 pandemic in the wake of a devastating summer of bushfires, and
(iv) the courage demonstrated by those in our regions as they continue to persist and resist, time and again, characterises the best of what it means to be Australian; and
(b) commends the Liberal and Nationals Government on:
(i) continuing to recognise and respect the challenges faced by our regional communities, and letting those in bushfire-affected communities know that they have not been forgotten by this Government,
(ii) supporting these communities as they recover and rebuild through the $448.5 million Regional Bushfire Recovery and Development Program, and
(iii) ensuring that our regions are better prepared than ever before the next bushfire season—attributing over $37 million towards strengthening communications across rural fire depots and evacuation centres.
The Senate divided. [12:50]
(The President—Senator Ryan)
That:
(a) if by 2 pm on Thursday, 18 June 2020, the following bills have not been finally considered:
National Skills Commissioner Bill 2020
Health Insurance Amendment (Continuing the Office of the National Rural Health Commissioner) Bill 2020
Treasury Laws Amendment (2020 Measures No. 3) Bill 2020
Australian Prudential Regulation Authority Amendment (APRA Industry Funding) Bill 2020 and six related bills
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Bill 2020
Therapeutic Goods Amendment (2020 Measures No. 1) Bill 2020
(b) the routine of business from not later than 3.30 pm shall be consideration of the bills listed above only, and the questions on all remaining stages shall be put without debate;
(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142;
(d) divisions may take place after 4.30 pm for the purposes of the bills only; and
(e) following the conclusion of consideration of the bills, the Senate shall return to the routine of business.
That, at the end of the list of bills in paragraph (a), add:
Coronavirus Economic Support and Recovery (No-one Left Behind) Bill 2020.
That the question be now put.
The Senate divided. [13:05]
(The President—Senator Ryan)
That the question be now put.
That government business orders of the day, as shown on today's Order of Business , be considered from 12.45 pm today and government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
Australian Prudential Regulation Authority Amendment (APRA Industry Funding) Bill 2020
Authorised Deposit-taking Institutions Supervisory Levy Imposition Amendment Bill 2020
Authorised Non-operating Holding Companies Supervisory Levy Imposition Amendment Bill 2020
General Insurance Supervisory Levy Imposition Amendment Bill 2020
Life Insurance Supervisory Levy Imposition Amendment Bill 2020
Retirement Savings Account Providers Supervisory Levy Imposition Amendment Bill 2020
Superannuation Supervisory Levy Imposition Amendment Bill 2020
That these bills be now read a third time.
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Education Legislation Amendment (2020 Measures No. 1) Bill 2020 demonstrates the Government's commitment to the higher education and vocational education and training (VET) sectors, and ensures that higher education remains accessible and affordable to students, even during these difficult times.
Schedule 1 of the Bill makes amendments to the Higher Education Support Act 2003 as part of implementing the Government's decision to extend the unique student identifier (USI) regime to all higher education students. The Bill will assist in standardising student identifiers across the tertiary education sector by requiring students accessing Commonwealth assistance to have a USI. Starting in 2021, new students can apply for a student identifier, and from 1 January 2023, all enrolled students must have a USI to be eligible for Commonwealth assistance. These amendments will improve the Government's data matching and identity verification capabilities, which will make the administration of the tertiary education sector more efficient and effective for students and providers.
Schedule 1 of the Bill also amends the VET Student Loans Act 2016 to require that, from 1 January 2021, a student's application for a VET student loan (VSL) must include the student's USI. This is consistent with the position that from 2021 all new domestic higher education students will receive a USI, and with the current VET Student Loans application requirements, which require an application to include the student's USI if one has been assigned.
Schedule 2 to the Bill introduces a measure to validate certain HELP loans and VET student loans by allowing the Secretary of the Department of Education, Skills and Employment (department) to determine that certain students who, due to having multiple Commonwealth Higher Education Student Support Numbers (CHESSNs), have exceeded the HELP loan limit and allow these students to repay the resulting excess debt amount through the income contingent repayment system.
From 3.5 million unique student records, only a small group of 475 students are affected. The measure is limited to loans incurred prior to the commencement of the amendment. The amendment avoids adverse financial outcomes for both students and providers that would arise from invalidating the loans, in recognition of the fact that these students were assigned multiple CHESSNs in error.
Since this issue has been identified, the Australian Government has updated the technology it uses to manage student enrolment information, including improving its data matching capability. These IT upgrades will prevent this issue recurring in the future.
Schedule 3 of the Bill clarifies that a student's HELP balance is taken to be reduced immediately after the census date for HECS-HELP, FEE-HELP, VET-FEE-HELP assistance, and immediately after the census day for VET student loans (VSL). This amendment will ensure consistency across HELP and VSL by deeming the point in time at which a student's HELP balance is reduced to be the census date or day.
Schedule 4 of the Bill amends the Higher Education Support Act 2003 to support full-fee paying students to start or continue their studies, and in turn to support universities and other higher education providers to continue teaching. As part of the COVID-19 Higher Education Relief Package announced on 12 April, Schedule 4 to the Bill removes the loan fee that applies to undergraduate students accessing a FEE-HELP loan to pay for their studies. The loan fee exemption will apply for a six month period, for units of study with census dates from 1 April 2020 to
30 September 2020.
So that Australians can continue to upskill and retrain, this measure will reduce the cost of study for full-fee paying students in Semester 2 2020. Prospective undergraduate FEE-HELP students who may be considering commencing or returning to study may be incentivised to study in Semester 2, encouraging continued student enrolment for providers. The Bill gives effect to the Government's commitment to provide certainty to the higher education sector, so the sector can remain agile while meeting the needs of industry and contributing to the economy.
Schedule 5 to the Bill contains minor technical amendments to improve the clarity and operation of the Higher Education Support Act, including to amend the definition of a 'course of aviation' to include an 'approved course' as defined under the VET Student Loans Act 2016 , and update a university name.
These amendments demonstrate the Government's commitment to the higher education sector, and to ensuring that workers in Australia are able to continue to upskill and retrain, even during the COVID-19 pandemic.
I commend the Bill.
That this bill be now read a third time.
Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Bill 2020
That the bill be now read a third time.
Therapeutic Goods Amendment (2020 Measures No. 1) Bill 2020
That this bill be now read a third time.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Gallagher today the economy.
National Skills Commissioner Bill 2020
(1) Clause 5, page 4 (line 11), after "investment in VET", insert ", VET in regional, rural and remote Australia".
[functions]
(2) Clause 7, page 5 (line 4), omit "and".
[functions]
(3) Clause 7, page 5 (after line 4), at the end of paragraph (1) (a), add:
(vi) opportunities to improve access, skills development and choice for regional, rural and remote Australia in relation to VET; and
[functions]
(1) Clause 9, page 6 (after line 16), after subclause (3), insert:
Requirement for vocational education and training representative
(3A) There must be at least one member of each advisory committee who is employed by or is a representative of a body established to provide vocational education or training under one of the following:
(a) the Technical and Further Education Commission Act 1990 (NSW);
(b) the Education and Training Reform Act 2006 (Vic.);
(c) the TAFE Queensland Act 2013 (Qld);
(d) the Vocational Education and Training Act 1996 (WA);
(e) the TAFE SA Act 2012 (SA);
(f) the Training and Workforce Development Act 2013 (Tas.);
(g) the Canberra Institute of Technology Act 1987 (ACT);
(h) the Charles Darwin University Act 2003 (NT).
Note: To avoid doubt, a member appointed by the Minister under paragraph (h) must be employed by, or a representative of, the University in relation to its function of providing trade, technical or other vocational education.
[advisory committees—TAFE body representative]
The Senate divided. [15:36]
(The President—Senator Ryan)
(1) Clause 9, page 6 (after line 16), after subclause (3), insert:
Requirement for representatives nominated by employer and employee representative groups
(3A) On each advisory committee there must be at least:
(a) one member who has been nominated for appointment by the Australian Council of Trade Unions; and
(b) one member who has been nominated for appointment by an employer organisation (within the meaning of the Fair Work Act 2009 ).
The Senate divided. [15:39]
(The President—Senator Ryan)
Health Insurance Amendment (Continuing the Office of the National Rural Health Commissioner) Bill 2020
Bill received from the House of Representatives.
Treasury Laws Amendment (2020 Measures No. 3) Bill 2020
Bill received from the House of Representatives.
Northern Australia—Joint Standing Committee
Discharged—Senator McMahon
Appointed—Senator Canavan.
Australian Government response to the Rural and Regional Affairs and Transport References Committee Final and Interim Reports on: Aspects of road safety in Australia
June 2020
Introduction
This is the Australian Government Response to the Rural and Regional Affairs and Transport References Committee's (the committee) Inquiry into Aspects of Road Safety in Australia Interim and Final Reports.
The Interim Report was published on 3 May 2016 and the Final Report was published on 26 October 2017.
Since the release of the committee's reports there have been a number of road safety initiatives progressed by the Australian Government with the state and territory governments.
In May 2018, the Council of Australian Governments (COAG) Transport and Infrastructure Council (Council) endorsed the National Road Safety Action Plan for the final three years of the National Road Safety Strategy 2011-2020 (NRSS), which includes a number of actions that focus on targeting infrastructure funding towards initiatives to reduce trauma on our roads.
On 12 September 2018, the Australian Government received the report of the independent Inquiry into the NRSS, which provided advice on how governments can work together to take stronger and more effective actions to reduce road trauma. The Inquiry report made recommendations covering a wide range of areas such as road safety leadership, resourcing, performance monitoring and innovative technology. The report included recommendations for action by the Australian Government as well as a number of recommendations requiring coordinated efforts across all levels of government.
In November 2018 the Council agreed to develop a response to those recommendations for which all governments are responsible. The final response and implementation arrangements for the Inquiry recommendations will be published by December 2019.
The Australian Government has undertaken a Review of National Road Safety Governance, as recommended in the NRSS Inquiry report, in consultation with the states and territories. The review was endorsed by the Council in August 2019 and published on the NRSS website: www.roadsafety.gov.au. An Office of Road Safety has been established in the Department of Infrastructure, Transport, Regional Development and Communications (the Department).
This Australian Government Response addresses the committee's recommendations in both the Interim and Final Reports.
RESPONSES TO THE COMMITTEE ' S RECOMMENDATIONS
Interim Report
Recommendation 1
The committee recommends that the Commonwealth Government commit $150,000 for three years from 2016-17 to fund the continued operation of the Australian Trauma Registry.
The Australian Government supports this recommendation.
The Australian Government has committed $300,000 to fund the Australian Trauma Registry until 2021-22. The Registry is an important source of data on people who are severely injured as the result of road crashes, among other causes.
Recommendation 2
The committee recommends that the National Transport Commission amend the model Australian Road Rules to mandate a safe passing distance for drivers overtaking cyclists of one metre where the speed limit is 60 kilometres per hour or lower and 1.5 metres where the speed limit is higher.
The Australian Government supports this recommendation in principle.
The adoption and application of road rules is a matter for the state and territory governments. Safe passing distance rules have been adopted in all states and territories, with the exception of Victoria.
The National Transport Commission (NTC) is responsible for reviewing and updating the Australian Road Rules (ARR) as part of its maintenance of legislative reforms. The NTC convenes an ARR Maintenance Group (ARRMG) which consists of representatives of the state and territory police and road traffic authorities. This group provides advice and makes recommendations to the NTC on changes to the ARR. The Commonwealth participates in the ARRMG through the Department of Infrastructure, Transport, Regional Development and Communications. The ARRMG has considered the proposal to amend the ARR to prescribe a minimum passing distance when overtaking bicycles. However, no consensus proposal has been agreed by the states and territories at this stage.
Recommendation 3
The committee recommends that the National Transport Commission re-establish a national consultative committee on motorcycle safety.
The Australian Government does not support this recommendation, but supports effective communication with motorcycle groups and other road user groups.
Current stakeholder consultation arrangements are flexible and efficient and allow the Government to engage with motorcycling groups and other stakeholders on specific issues as they arise.
For example:
Recommendation 4
The committee recommends that the National Transport Commission develop and implement a national strategy for motorcycle safety.
The Australian Government does not support this recommendation.
The NRSS is an overarching framework which complements the strategic road safety plans of state, territory and local governments and the work of other stakeholders. Under the Safe System approach, separate national road safety strategies for different road user groups are not necessary, as the interventions are expected to benefit multiple groups.
The Action Plan contains a number of specific actions, as well as some broader ones, that will benefit this group of vulnerable road users. Specific actions include introduction of a rating scheme for motorcycle protective clothing and strengthening of Graduated Licensing Systems (GLS) for motorcycle riders. Benefits to riders are also expected through broader actions such as targeting infrastructure funding and speed reduction measures to reduce trauma on regional roads and at urban intersections; the development of network-wide safety plans; and the implementation of safer speeds and improved enforcement.
In developing the next national road safety strategy and action plan through the Council, governments will consider what action is required to further support safer outcomes for motorcyclists.
Recommendation 5
The committee recommends that the Commonwealth Government commit increased financial support to Australasian New Car Assessment Program (ANCAP) over the forward estimates.
The Australian Government supports this recommendation.
The Australian Government has committed an additional $6.64 million in funding for the Australasian New Car Assessment Program (ANCAP) from 2018-19, bringing the total to $8.84 million from 2016-17 to 2022-23.
Recommendation 6
The committee recommends that the Commonwealth Government work with state and territory governments to ensure that display of Australasian New Car Assessment Program (ANCAP) safety ratings becomes mandatory at point of sale.
The Australian Government notes this recommendation.
ANCAP is a consumer information program that is not subject to stringent regulatory processes. This flexibility allows ANCAP to respond quickly to market innovation and to progressively raise the requirements for its rating levels. Mandatory ANCAP safety ratings at point of sale would require all makes and models of vehicles to be subjected to ANCAP rating tests, imposing a substantial cost to business and creating a unique Australian requirement that would be out of step with the global market. It may also effectively change ANCAP into a regulated scheme that would then be subject to RIS processes, undermining the complementary benefit of a flexible scheme.
Recommendation 7
The committee recommends that the Commonwealth Government continues to fund Monash University Accident Research Centre to produce the Used Car Safety Ratings.
The Australian Government supports this recommendation.
The Australian Government has been providing funding to the Monash University Accident Research Centre (MUARC) to produce the Used Car Safety Ratings (UCSR) annually for over 20 years. The Department of Infrastructure, Transport, Regional Development and Communications is discussing funding for the UCSR from 2019-20 onwards with ANCAP, which is taking overall responsibility for the UCSR and will engage MUARC to continue this work.
Recommendation 8
The committee recommends that the Australian Design Rules be immediately amended to require all new light vehicles sold in Australia from 1 June 2017 be fitted with automatic emergency braking technology.
The Australian Government supports this recommendation in principle.
The Australian Government supports increased uptake of Autonomous Emergency Braking (AEB) systems, including through its support of ANCAP. From 2018, ANCAP aligned protocols for its safety ratings to those used by Euro NCAP, with AEB becoming a mandatory requirement towards achieving a five star rating. ANCAP has advised that 54 per cent of new cars and light commercial vehicles sold in Australia now offer AEB as a standard feature. AEB is available on a range of makes, models and vehicle types including on lower cost models such as the Kia Picanto ($17,290) and Mazda 2 ($18,540).
AEB for both light and heavy vehicles is a priority in the Action Plan for 2018-2020, and a Regulation Impact Statement (RIS) for heavy vehicle AEB was released for consultation in August 2019. The Department is preparing a RIS for AEB for light vehicles, in parallel with the finalisation of an international standard through the United Nations World Forum for the Harmonization of Vehicle Regulations. The Department expects to release the RIS in early 2020.
Recommendation 9
The committee recommends that Commonwealth Government increase funding to the Black Spot Programme and increase the percentage allocated to regional and remote areas.
The Australian Government supports this recommendation.
The Australian Government has already committed $100 billion for infrastructure investment over the next ten years. This includes an additional $2.2 billion from 2019-20 for the Local and State Government Road Safety Package, which will provide:
The Black Spot Program Notes on Administration (NoA) state that funds will be allocated on a 50:50 basis between rural and urban areas, where nominations allow.
The Government is able to approve a greater proportion of funding for regional and remote areas should such funding levels be recommended by the Black Spot Consultative Panels established in each jurisdiction to review project proposals.
Recommendation 10
The committee recommends that the definition of ' black spot ' be revised to account for the dispersed nature of accidents in regional and remote areas.
The Australian Government notes this recommendation and considers there is sufficient flexibility in the Program to fund these types of projects.
The Australian Government notes that the Black Spot Program is already able to fund projects that treat lengths of road and that up to 30 per cent of program funds can be used for projects where there is an assessed risk that serious crashes are likely.
Eligible network-wide projects in a specific area are also able to be nominated. For example, several projects for bicycle safety treatments at various roundabouts in Cairns have been funded under the Program.
Recommendation 11
The committee recommends that Commonwealth, state and territory governments work with police agencies to increase the number of point-to-point speed cameras in regional and remote areas.
The Australian Government supports this recommendation in principle, noting that responsibility for speed cameras lies with the states and territories.
In Australia's federal system, the state and territory governments have direct responsibility for traffic regulation and enforcement, including decisions about the use of speed cameras. The Action Plan includes specific action for state and territory governments to increase the deployment of point-to-point speed cameras on Australian roads (action 7). Most jurisdictions have now implemented at least some point-to-point speed cameras or have plans to do so.
Recommendation 12
The committee recommends that the Australian Curriculum includes road awareness training for both primary and secondary school students.
The Australian Government notes this recommendation.
The Australian Curriculum identifies the knowledge, understanding, skills and capabilities that will enable learners to live and work successfully in the 21St century.
Developed by the Australian Curriculum, Assessment and Reporting Authority (ACARA) and endorsed by all levels of Australian governments, the nationally agreed Foundation to Year 10 Australian Curriculum (the Curriculum), sets the expectations for what all Australian students should be taught, regardless of where they live or their background.
While the Australian Government works collaboratively with all states and territories, individual education authorities and schools are responsible for and have the flexibility to adapt the curriculum to ensure education programs can be tailored to meet the needs of their teachers and students. This provides flexibility to cater for emerging issues and local context. Further information about the Curriculum is available at www.australiancurriculum.edu.au.
As schools and school systems throughout the country implement the Australian Curriculum in ways that best meet the needs of their students, the flexible and comprehensive nature of the Curriculum provides strong support for initiatives such as road safety. This flexibility enables state and territory education authorities and individual schools to identify and make decisions on training and programs used such as road safety, to support implementation of the Australian Curriculum.
The Australian Curriculum includes content on safety that it is expected all students at appropriate intervals across the continuum of learning from Foundation to Year 10 will learn about. Topics include safety at school, safe practices at home, and in road or transport environments. Schools and teachers teach young learners to navigate a range of health-related sources, services and organisations, particularly in relation to becoming actively engaged in their own and others' wellbeing, using health, safety and physical activity resources for the benefit of themselves and their communities. A range of resources including for road safety have been developed by ACARA to support implementation of the Australian Curriculum.
The Australian Curriculum addresses and balances a wide range of competing demands for content. The Australian Curriculum was reviewed and enhancements endorsed by all Education ministers in September 2015. ACARA is scheduled to provide advice to education ministers on the potential scope for refinements of the Australian Curriculum in 2019-20. The endorsement of all education ministers is required before changes to the Australian Curriculum can be made.
Recommendation 13
The committee recommends that the Commonwealth Government in the
2018-2020 National Road Safety Strategy Action Plan commit to the introduction of accredited post-licence driver education programs.
The Australian Government notes this recommendation.
Driver licensing and education is primarily the responsibility of state and territory governments. The Australian Government contributed funding, with the Victorian and New South Wales governments and other partners, to the P Drivers Project. The P Drivers project was a large-scale trial of a post-licence driver education program for young P-plate drivers aged 18 to 22 years. The project—the first of its kind undertaken anywhere in the world—aimed to implement and assess a new approach to driver education seeking to raise awareness about risk factors, improve decision making and provide novice drivers with insight into their skill limitations, through experiential learning. The aim of the trial was to test whether the program reduced the number of crashes and fatalities involving young, inexperienced drivers and promoted safe driving behaviour. A report detailing the results of the P Drivers Project is expected in late 2019 or early 2020.
Recommendation 14
The committee recommends that Austroads work with state and territory driver licensing authorities to introduce compulsory first aid training as a condition of receiving a learner's permit or renewing a driver's licence.
The Australian Government notes this recommendation.
The Department of Infrastructure, Transport, Regional Development and Communications brought this recommendation to the attention of the state and territory road agencies through the Austroads Registration and Licensing Task Force. Most jurisdictions have given consideration to the inclusion of first aid training requirements at some stage but none has done so to date. The prevailing view is that they did not favour placing an additional requirement on learners, which would increase the cost of licensing and not directly relate to learning to drive safely. They also noted the lack of evidence that basic first aid training would reduce the number of deaths and serious injuries.
Recommendation 15
The committee recommends that Australian Skills Quality Authority conduct an audit of all heavy vehicle driver training facilities (registered training organisations) in Australia.
The Australian Government notes this recommendation.
The Government is committed to reducing regulatory burden and red tape.
In the context of regulation of the vocational education and training (VET) sector, the Government has implemented a risk-based approach to regulation under the National Vocational Education and Training Regulator Act 2011 (NVETR Act).
As the national VET regulator, the Australian Skills Quality Authority (ASQA) conducts regular scans across the VET sector, allowing for consistent or emerging issues of a systemic nature to be identified and addressed appropriately.
ASQA's approach to regulation seeks to make an efficient use of resources to effectively identify and target the most serious risks and patterns of systemic non-compliance, while minimising costs on regulated entities. In doing so, ASQA focuses regulatory action on providers that are considered higher risk. The Risk Assessment Framework under section 190 of the NVETR Act sets out:
Recommendation 16
The committee recommends that all visa holders undergo driver skill tests before their heavy vehicle driving licences are recognised in Australia.
The Australian Government supports this recommendation in principle, noting that responsibility for heavy vehicle driver licensing lies with the states and territories.
The Australian Government supports improving Australia's driver competency frameworks, to ensure they are fit-for-purpose, and provide our communities with assurance that those tasked with transporting freight or passengers by road are appropriately skilled to do so.
Austroads released its Review of the National Heavy Vehicle Driver Competency Framework in May 2018. The Review noted weaknesses in the arrangements for national accreditation standards, particularly around compliance and enforcement. In response to the findings and recommendations of the May 2018 report, and taking into account feedback received, Austroads continues its investigation and program of work in pursuit of improvements to heavy vehicle licensing and safety.
Recommendation 17
The committee recommends that the Western Australian and Northern Territory governments continue to work with the National Heavy Vehicle Regulator towards their adoption of the National Heavy Vehicle Law.
The Australian Government supports this recommendation in principle, noting that responsibility for adopting the Heavy Vehicle National Law (HVNL) lies with the Western Australian and Northern Territory governments.
The Australian Government is continuing to work collaboratively with the state and territory governments on the harmonisation of the heavy vehicle regulatory framework in Australia. The NTC is currently undertaking a review of the HNVL. Cooperative work with the National Heavy Vehicle Regulator (NHVR), Western Australian and Northern Territory governments is ongoing, with a long term objective to these jurisdictions participating in national heavy vehicle regulatory arrangements in the future. The Western Australian and Northern Territory governments collaborated in the process of developing the HVNL, and continue to work with the NHVR to harmonise cross-border inconsistencies.
ADDITIONAL RECOMMENDAT IONS FROM THE AUSTRALIAN GREENS
Recommendation 1
We recommend that the Australian Government through the Department of Infrastructure and Regional Development should allocate dedicated funding to the improvement of cycling and pedestrian infrastructure
The Australian Government notes this recommendation.
The Australian Government is committed to upgrading roads to ensure they are safe and less congested through the $100 billion investment pipeline. For relevant infrastructure projects, this can include the addition or refurbishment of cycle and pedestrian paths and other upgrades to promote active travel.
The Australian Government will continue to work with state, territory and local governments to encourage active transport, and participates as an observer on the Cycling and Walking Australia and New Zealand group.
Recommendation 2
We recommend that the Australian Government actively encourage state and territory governments to reduce speed limits to 30 kilometres per hour on local roads and roads with a high volume of pedestrians and cyclists.
The Australian Government notes this recommendation, recognising that the setting of speed limits is the responsibility of the states and territories.
The Action Plan for 2018-2020 includes an action (action 6) calling for jurisdictions to reduce speed limits to 40km/h or lower in areas with high pedestrian and cyclist usage, with 30km/h limits to be considered for high-risk pedestrian and cycling areas. Most states and territories have implemented speed limits of 40 km/h or lower in areas with high levels of pedestrian and/or cyclist usage.
Recommendation 3
We recommend that the Australian Government review the implementation of measures to improve the safety of pedestrians proposed by the National Road Safety Strategy 2011-2020, informed by current statistics on road death and injury by pedestrians.
The Australian Government supports this recommendation in principle.
Comprehensive Implementation Status Reports on the progress of the NRSS and supporting Action Plans are prepared for Transport Ministers. The most recent Implementation Status Report was published on the National Road Safety Strategy website at www.roadsafety.gov.au in November 2017. No Implementation Status Report was prepared in 2018 as a new Action Plan was endorsed in May 2018. The Office of Road Safety is currently preparing the next Implementation Status Report, expected to be provided to the Transport and Infrastructure Council in early 2020.
Recommendation 4
We recommend that the Australian Government allocate funding to the collection of meaningful national data to enable evidence-based decision making on measures to improve safety and participation rates for walking and cycling.
The Australian Government supports this recommendation in principle.
At the national level, the Australian Government is supporting and funding the collection of meaningful data through the following projects.
The Australian Government's Smart Cities and Suburbs program is already supporting trials of new technologies to better capture information about walking and cycling patterns to improve safety and increase participation. For example, $118,235 was committed to Bendigo's Smart Active Transport project to develop a platform using satellite surface temperature data to enable pedestrians and cyclists to map low temperature routes on hot days. This project will benefit the community by facilitating active travel despite temperature variables and will benefit the council by providing information on frequently used routes to better target investment in urban greening efforts.
The Bureau of Infrastructure, Transport and Regional Economics (BITRE) compiles a national collection of crash data from states and territories and produces reports on national road fatality statistics, including fatalities of pedestrians and cyclists. These are available from www.bitre.gov.au.
Unlike the national road fatality data series, there is not yet a national crash-based serious injury series that would allow national reporting of serious injuries, including pedestrian and cyclist serious injuries. An Austroads project (A National Approach to Measuring Non-Fatal Crash Outcomes) managed by BITRE, is developing a national linked data series.
Stage 1 of this project, which aimed to prove feasibility and produce one year of linked data, has been completed and a report was published by Austroads in March 2019. Stage 2 has now commenced. The objective of stage 2 is to obtain the necessary permissions and perform linkage for jurisdictions that could not be included in the pilot; and develop a linked serious injury series from 2008 to the most recent year of available data.
RESPONSES TO THE COMMITTEE'S RECOMMENDATIONS
Final Report
Recommendation 1
The committee recommends that the Minister for Infrastructure and Transport initiate discussion on road trauma funding at the Council of Australian Governments Transport and Infrastructure Council (TIC) with a view to encouraging effective investment in road trauma funding across the nation.
The Australian Government supports this recommendation in principle.
On 2 August 2019, the Transport and Infrastructure Council agreed to make road safety a standing item for all of its meetings and in relation to funding agreed:
To date the Council has discussed a range of issues including the approach to the next national road safety strategy, drug driving, driver distraction as well as opportunities to better utilise funding to reduce road trauma. The Communique from each meeting can be found at: www.transportinfrastructurecouncil.gov.au.
Recommendation 2
The committee recommends that the Australian Government commit to a robust set of national minimum safety standards for all vehicles, including second hand vehicles and the government fleet, as part of its proposed reform of the Motor Vehicle Standards Act 1989.
The Australian Government supports this recommendation.
On 27 November 2018 the Road Vehicle Standards Act 2018 and accompanying Acts were passed by the Parliament.
The new Road Vehicle Standards Act 2018 will replace the existingMotor Vehicle Standards Act 1989 with a modern and flexible regulatory framework that will improve community safety, reduce compliance costs to business and expand consumer choice.
The new legislation will continue to ensure that road vehicles and road vehicle components provided in Australia meet national minimum safety standards, as well as anti-theft and environmental standards, so consumers are provided with a choice of road vehicles that meet the safety and environmental expectations of the community.
The legislation achieves this by regulating the first provision of road vehicles in Australia including allowing limited second-hand vehicle importation that meets objective criteria. It is also well prepared for future developments in international road vehicle standards to address technologies expected to improve road safety, such as autonomous vehicle technology and intelligent transport systems.
The legislation package includes several new elements that will improve community assurance of vehicle safety through compliance with the required standards. They include:
The new legislation will substantively commence on a date to be fixed by Proclamation, but no later than 1 July 2021. The associated Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 includes a further 12-month transitional period to allow businesses to adapt to the new arrangements. The Acts are available from the Federal Register of Legislation: www.legislation.gov.au.
Recommendation 3
The committee recommends that the Australian Government explore methods to introduce Australian Design Rules (ADRs) in a timely manner to ensure that Australia benefits from, and keeps pace with, international developments in vehicle safety technology.
The Australian Government supports this recommendation.
The Department of Infrastructure, Transport, Regional Development and Communications is exploring options to streamline the process for legislative and regulatory changes to vehicle safety standards to improve the uptake of new safety technology in the Australian new vehicle fleet, and will endeavour to align Australian regulations with the proposed European regulatory package to commence within a similar timeframe.
The Australian Government initially encourages through consumer programs, then mandates if justified, the latest developments in vehicle safety technology. It considers the ADRs to be in broad alignment with those of other developed nations, although there are some issues that can add time to the process of developing vehicle standards. These include Australia having a mixed vehicle fleet with vehicles originating from a range of markets, and the need to ensure that any standards adopted are suited to the operating conditions for vehicles in Australia.
The Government will continue to harmonise the ADRs with international regulations and remove unique local content where possible. To facilitate this, there is an ongoing program to adopt individual UN regulations under the UN 1958 Agreement, particularly those related to international whole vehicle type approval. This ensures that regulatory barriers to the latest technology are reduced and costs are minimised for the consumer. This program allows the Australian Government to focus on mandating the most critical technologies.
Recommendation 4
The committee recommends that, if not adequately addressed through the recommendations of the Migrant Workers ' Taskforce, the Department of Immigration and Border Protection comprehensively review visa arrangements to address systematic or organised abuse in the transport industry.
The Australian Government notes this recommendation.
Australia's temporary visa program is designed to deliver long-term benefits to Australia. Australia has a range of temporary visas available which are purposely designed to allow the entry of people to Australia to visit, study or work for economic, social or cultural purposes.
Migrant Worker Taskforce
The Migrant Workers' Taskforce (the Taskforce) was established by the then Minister for Employment, Senator the Hon Michaelia Cash, in October 2016. The Taskforce was initially envisaged to last for 16 months, but this was extended by six months. The Taskforce held its last meeting on 25 September 2018.
The Taskforce was established to investigate how the Australian Government might better protect migrant workers. Membership of the Taskforce included a range of Commonwealth regulatory and policy agencies, including the Department of Home Affairs and the Australian Border Force, to ensure a whole-of-government focus.
The Taskforce made 22 recommendations in its final report (Report), which the Government accepted in-principle. The Migrant Workers' Interagency Group (Interagency Group) has been established in response to recommendation 1 of the Taskforce Report, which was for Government to establish a whole of government mechanism to further the work of the Taskforce following its completion. The Interagency Group met for the first time on 30 October 2019.
Addressing exploitation concerns
Temporary visa holders may work in any capacity permitted by the law and in accordance with any work conditions on their visa. Under the Migration Act 1958 (the Act), Australian employers have a responsibility to only employ workers who can legally work in Australia and to check whether a visa has work restrictions, including limitations to the number of work hours. Employers are also responsible for ensuring all other legislation, including licensing requirements, is complied with.
The Department of Home Affairs is committed to educating employers of their legal obligation to check any foreign national working for them, has a valid visa that provides appropriate permission to work. To help employers check if a foreign national has work rights, the Department of Home Affairs provides a free service that gives information regarding the work entitlements of the prospective employee. The Visa Entitlement Verification Online (VEVO) service also provides information to visa holders about their current immigration status and associated work conditions.
The Department of Home Affairs actively encourages self-compliance by providing and promoting information via different mediums such as social media platforms including Facebook and Twitter, "push messaging" via e-mail, targeted factsheets and specialised sections for businesses on the Department of Home Affairs website including the Employer Hub and the Industry Hub. The Australian Border Force undertakes targeted compliance activities in respect of visa holders or employers systematically and deliberately engaged in illegal activity. A range of sanctions can be applied depending on the situation and in proportion to the significance and extent of the breach. These include administrative warnings, infringements and civil penalties, as well as criminal offences which carry significant fines.
All temporary visa holders with work rights who are employed in Australia have the same protections under employment law as any other worker in Australia. The Department of Home Affairs provides temporary visa holders who are permitted to work on their visa, with information from the Fair Work Ombudsman (FWO) about their workplace rights, in visa grant letters. The FWO website also has information on workplace rights available in 27 languages.
Employer sanctions and Government reforms to employer sponsored skilled migration visas
The Department of Home Affairs administers sanction frameworks under the Act to deter illegal work hire practices and sanction employers and labour suppliers who persist in noncompliant behavior. Each of these frameworks has graduated tiers of sanctions to encourage employers and other entities to comply with migration legislation. These requirements uphold the integrity of Australia's migration system and protect Australian workers and employers who employ and pay their workers in accordance with their obligations under the Fair Work Act 2009.
On 18 April 2017, the Government announced that the Temporary Work (Skilled) visa (subclass 457 visa) would be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa in March 2018.
This new visa is part of the Government's reform package to strengthen the integrity and quality of Australia's temporary and permanent employer sponsored skilled migration programs.
Student visa program
All student visa applicants must demonstrate that they are seeking to enter Australia for the purpose of study and that they will abide by the conditions of their student visa, including limitations on work rights.
All student visa applicants must agree to respect Australian values during their stay in Australia and obey the laws of Australia, if granted a visa.
Student visa applicants must also declare or provide evidence that they have sufficient funds to pay for their course fees, travel and living costs for themselves and family members while in Australia. The financial requirements are designed to reduce the risk of international students experiencing financial hardship while in Australia.
In addition, the Genuine Temporary Entrant requirement was introduced in 2011 as an integrity measure to ensure the student visa program is used as intended, and not as a way for international students to maintain ongoing residence in Australia. Further information can be found at www.homeaffairs.gov.au/Trav/Stud/More/Genuine-Temporary-Entrant.
Visa cancellation
Under the Act, the Australian Government manages the entry and stay of non-citizens in Australia and in this context reserves the right to cancel visas upon a range of grounds.
Among other reasons, a visa may be cancelled as a result of a non-citizen providing incorrect information in order to enter Australia, failing to abide by visa conditions, presenting a risk to the community or engaging in criminal conduct, or being convicted of a criminal offence while holding a temporary visa.
Recommendation 5
The committee recommends that all visa holders with heavy vehicle driving licences undergo driver skill tests before their heavy vehicle driving licences are recognised in Australia.
The Australian Government supports this recommendation in principle, noting that responsibility for heavy vehicle driver licensing lies with the states and territories.
The Australian Government supports improving Australia's driver competency frameworks, to ensure they are fit-for-purpose, and provide our communities with assurance that those tasked with transporting freight or passengers by road are appropriately skilled to do so.
Austroads released its Review of the National Heavy Vehicle Driver Competency Framework in May 2018. The review noted weaknesses in the arrangements for national accreditation standards, particularly around compliance and enforcement. In response to the findings and recommendations of the May 2018 report, and taking into account feedback received, Austroads continues its investigation and program of work in pursuit of improvements to heavy vehicle licensing and safety.
Recommendation 6
The committee recommends that legislation in South Australia, Western Australia and Northern Territory be amended (consistent with other state and territory jurisdictions) to ensure that overseas drivers who fail a driving test are no longer allowed to use their overseas licence to drive in Australia.
The Australian Government supports this recommendation in principle, noting that this is a decision for those state and territory governments.
Austroads has recently completed a Review of Australia's Overseas Driver Licensing Policy. The review includes analysis of the safety of overseas drivers on Australian roads and challenges associated with the conversion of an overseas licence for an Australian licence. The review concluded that a number of threshold actions are required to manage the challenges identified and deliver a more robust framework for managing overseas drivers in Australia.
Recommendation 7
The committee recommends that the Australian Government convene a series of industry-led roundtables to make recommendations to government to establish an independent industry body which has the power to formulate, implement and enforce supply chain standards and accountability as well as sustainable, safe rates for the transport industry.
The Australian Government does not support this recommendation.
On 18 April 2016, the Government introduced legislation into the Parliament repealing the Road Safety Remuneration Act 2012. The legislation successfully passed the Parliament and the Road Safety Remuneration System, including the Tribunal and the orders it made, ceased to operate on 21 April 2016. The Government has committed to never re-establish the Tribunal or a similar body that sets mandatory rates of pay for owner drivers and small transport businesses.
The Government's decision to abolish the System was informed by two independent reviews and extensive feedback received from industry participants. The reviews, conducted by Jaguar Consulting and Pricewaterhouse Coopers, recommended that the Tribunal be dismantled as they could establish no conclusive link between safety outcomes and rates of remuneration.
Following the release of the review reports, the then Department of Employment consulted more than 150 industry participants from across Australia. The overwhelming feedback from these consultations was to abolish the Tribunal. Industry participants were of the firm view that the Tribunal did not improve safety and instead caused financial damage to owner drivers and uncertainty for an entire industry.
This was supported by the Australian Small Business and Family Enterprise Ombudsman's inquiry into the effect of the Road Safety Remuneration Tribunal's Payments Order on Australian small businesses. The Ombudsman concluded that safety in the road transport industry should not be addressed by setting mandatory rates of pay.
The Australian Government is committed to investing in safety initiatives that have a direct impact on improving safety outcomes for the transport industry. The Government is providing $22 million over four years to the NHVR to progress a package of practical initiatives that will improve safety in the heavy vehicle industry.
Funding of initiatives in 2016-17 and 2017-18 included: chain of responsibility education for industry, improved heavy vehicle monitoring capability, the development of a Master Industry Code of Practice, establishing the Heavy Vehicle Confidential Reporting Line, piloting new livestock transfer infrastructure, and developing safer freight networks in areas identified as higher risk.
In 2018-19, funding is supporting the expansion of the National Safety Camera Network, fatigue management courses and safety education and awareness raising campaigns, such as the #GetTruckWise campaign.
As noted by the committee, the NHVR has the power to formulate, implement and enforce supply chain standards and accountability. The Australian Government has worked proactively with the states and territories on amendments to the HVNL to require all responsible parties in a goods or services supply chain to take reasonable steps to prevent breaches of road transport laws, including those relating to fatigue and transport operations. These changes took effect in mid-2018. The establishment of a new industry body with powers in relation to supply chains standards would therefore be unnecessary and duplicative.
Recommendation 8
The committee recommends that the Australian Government convene a series of industry-led roundtables to make recommendations to government on ways to strengthen the Heavy Vehicle National Law.
The Australian Government supports this recommendation in principle.
The NTC is currently undertaking a comprehensive review of the HVNL legislation. This includes industry consultation via a range of mechanisms including roundtables, access to a series of issues papers and a dedicated review website. Stakeholders have provided a total of
180 formal and public submissions for the NTC's consideration. The NTC expects to release a Consultation Regulation Impact Statement in early 2020.
This process has also been augmented by an expert panel consisting of industry experts to assist the NTC in on a range of matters.
It is expected that the NTC will make recommendations to Transport Ministers in late 2020. Recommendation 9
The committee recommends that, informed by industry roundtables, the Australian Government amend the Heavy Vehicle National Law to address issues throughout the supply chain in the transport industry including chain of responsibility, minimum payment terms of 30 days and electronic work diaries.
The Australian Government supports this recommendation in principle.
The Australian Government notes the strengthening of the Chain of Responsibility provisions in the HVNL, which took effect on 1 October 2018.
As noted in response to Recommendation 8, the NTC is currently undertaking a comprehensive review of the HVNL legislation and expects to make recommendations to Transport Ministers in late 2020.
Minimum payment terms are currently outside the scope of the HVNL.
Recommendation 10
The committee recommends that the Austroads review consider:
raising the standard required of heavy vehicle drivers under the Heavy Vehicle Competency Based Assessment (HVCBA), with a renewed focus on safety; and
national consistency in relation to heavy vehicle instructor or assessor eligibility, including requiring mandatory industry experience in driving and handling the appropriate vehicle.
The Australian Government supports this recommendation.
See response to Recommendation 5 of the Final Report.
Recommendation 11
Following the Austroads review, the committee recommends that the COAG Transport and Infrastructure Council work to ensure that all jurisdictions adopt the revised criteria of the National Heavy Vehicle Driver Competency Framework (NHVDC Framework) as a matter of urgency.
The Australian Government supports this recommendation.
See response to Recommendation 5 of the Final Report.
Recommendation 12
The committee recommends that the Australian Skills Quality Authority (ASQA) take a more active role in monitoring the delivery of heavy vehicle training undertaken by registered training organisations and other providers.
The Australian Government supports this recommendation.
ASQA's Regulatory Strategy 2018-20 confirms ASQA's ongoing engagement with heavy vehicle regulators at the national, state and territory levels to understand concerns in this sector. ASQA will continue work commenced in 2017-18, monitoring RTOs and liaising with regulators.
This engagement will enable ASQA to respond more promptly to any concerns transport regulators have with quality of training or assessment leading to heavy transport licenses. In accordance with ASQA's risk-based approach to regulation, this will ensure regulatory scrutiny is applied where heightened risk is identified.
That the Senate take note of the document.
This is no time for bottom feeders to seek to profit at the expense of others. We can't afford for rates to be lowered anywhere in the industry.
In harder times, it's more important than ever for us to stick together and stand strong. We all feel the calling of our personal financial needs but undercutting each other to win work will only do harm to us all.
Budget estimates 2019-20 (Supplementary)—Foreign Affairs, Defence and Trade Legislation Committee—
Hansard record of proceedings and documents presented to the committee.
Additional information received between 25 October 2019 and 15 January 2020—
Communications and the Arts portfolio.
Environment and Energy portfolio.
Additional estimates 2019-20—
Environment and Communications Legislation Committee—
Hansard record of proceedings and documents presented to the committee.
Additional information received between 13 March and 17 June 2020—
Agriculture, Water and Environment portfolio, excluding Agriculture and Water.
Industry, Science, Energy and Resources portfolio, excluding Industry, Science and Resources
Infrastructure, Transport, Regional Development and Communications portfolio, excluding Infrastructure, Transport and Regional Development.
Foreign Affairs, Defence and Trade Legislation Committee—Hansard record of proceedings, documents presented to the committee and additional information.
That the Senate take note of the report.
That the Senate take note of the report.
Senator the Hon Scott Ryan
President of the Senate
Parliament House
CANBERRA ACT 2600
17 June 2020
Dear Mr President
I write with regard to a letter I received from Senator Walsh concerning an answer I provided on the retention bonus for aged care workers during Question Time on 15 June 2020, inviting me to correct the record.
The Government's words used during the announcement of the retention bonus were "up to" and "after tax". We did not say "tax free", as Senator Walsh's letter seeks to imply.
I stand by my statement in the Senate.
I have copied this letter to Senator Cormann and Senator Walsh.
Yours sincerely
Richard Colbeck
cc:
Senator the Hon Mathias Cormann, Minister for Finance, Leader of the Government in the Senate Senator Jess Walsh, Senator for Victoria
That the Senate—
(a) notes that:
(i) more than 5 million Australians and their families are relying on government assistance to help them through the COVID-19 pandemic,
(ii) JobKeeper and the increase to JobSeeker are set to expire at the end of September, and
(iii) more than $250 billion in deferred loans for mortgages and business are also due to expire at the end of September; and
(b) calls on the Government to outline a national economic plan that:
(i) prevents millions of Australians being 'snapped-back' to unemployment, poverty and insecure jobs at the end of September,
(ii) has job creation and skills development at the centre, and
(iii) ensures that ongoing government investment is targeted to lift Australia out of its first recession in 29 years.
This will definitely make a difference to the building industry, our supply chain and all the local contractors we employ.
Labor is more interested in covering up its botched building of the dam rather than in protecting the community and jobs.
It’s unacceptable that Labor only has a plan to tear down the dam and no plan to fix it.
… if you have water you have jobs.
The future of the game is in your hands. We have taken this bold step. If we are beaten we cannot retreat to any other position. We must win.
That senators be discharged from and appointed to the Rural and Regional Affairs and Transport Legislation Committee as follows:
Discharged—Senator Gallacher
Participating member: Senator Green
Appointed—Senator Green
Participating member: Senator Gallacher.
That the Senate, at its rising, adjourn till Tuesday 4 August 2020 at midday, or such other time as may be fixed by the President or, in the event of the President being unavailable, the Deputy President, and that the time of meeting so determined shall be notified to each senator and that leave of absence be granted by every member of the Senate from the end of the sitting today to the day on which the Senate next meets.
I've spoken to many owner-drivers who are already making bleak calculations about how long they can sustain their outgoings when they're struggling to pick up work.
When the industry is in trouble, owner-drivers traditionally lose out first. It's expected—common sense tells us that if companies have their own equipment and workers to pay for, they'll put them to work before outsourcing.
Many of us are hanging in there—
and probably like me, owner-drivers are saying yes to work whenever it's offered to make sure we have a buffer in tougher times. It's not ideal; we must still find ways to manage fatigue and, for example, I am unfortunately missing my grandson's first birthday for a job I would have otherwise turned down. Sacrificing our rest days and family life now is necessary to help keep the wheels turning in an attempt to ensure our business survives in a few months' time.
This is no long-term solution but it's all a part of being your own boss.
What does concern me is the cheap freight being offered by people taking advantage of the situation. This is no time for bottom feeders to seek to profit at the expense of others. We can't afford for rates to be lowered anywhere in the industry.
All that will happen if we undersell our work is that we all end up going bust.
In the Article you made statements that could give rise to allegations that you attempted to fix prices with other owner-drivers.