The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
She was on her way to work when the accident happened.
So it is crucial that we improve our road safety. Sadly, we haven't seen action from the government. They have failed to act on the recommendations of an independent review that they themselves commissioned.
And tragically, we are heading to the end of the current strategy, and the start of the next one in the coming year, without a clear strategy from government of what they intend to do.
Every month of delay is a month when more lives are lost, and many more people are seriously injured, often with health impacts that they then have to live with for the rest of their lives.
There is so much that the government could do.
This interim report notes that a core and central issue of the inquiry for the committee is how to prioritise road safety. They note that the impacts of road safety extend beyond the boundaries of transport, infrastructure and enforcement portfolios, and how the responsibility for addressing all aspects of road safety needs to be equally shared, and needs to be firmly in the centre of government.
The government's own independent review recommended the creation of a genuinely independent Office of Road Safety. But renaming a branch within the Department is not the same as creating a genuinely independent statutory authority. It's easy for the government to say they 'note' recommendations, to throw around funding for large road projects that happen to have a portion for safety.
Prioritising road safety means identifying and prioritising actions that are shown to be effective in improving safety - actions like ensuring that truck drivers are not being drastically underpaid so pushed into taking massive risks in their driving to try and make a reasonable living.
Actions like 30 and 40km speed limits in busy pedestrian areas, actions like serious federal funding for bike paths and lanes that separate bikes from cars and trucks.
The Greens propose at least a billion dollars should be spent on bike infrastructure over the next four years - it's perfect economic stimulus - money spent locally, providing local jobs, implementing in large measure plans that are already developed by local governments and are ready to go, and providing economic, health and environmental benefits
Meaningful action on road safety across the board is so important. We need a stronger road safety strategy, one that locks in meaningful funding, and works across levels of government. We can, and we must do more, to save lives around Australia.
I look forward to seeing the final report of this Committee later in the year.
Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019
(1) Schedule 1, item 10, page 5 (lines 23 and 24), at the end of the heading to subsection 114A(1), add "— criminal offence ".
[civil penalty for academic cheating services—consequential]
(2) Schedule 1, item 10, page 6 (lines 10 to 17), omit subsection 114A(3), substitute:
Providing etc. an academic cheating service for a commercial purpose—civil penalty
(3) A person contravenes this subsection if the person provides, offers to provide or arranges for a third person to provide an academic cheating service:
(a) to a student undertaking, with a higher education provider:
(i) an Australian course of study; or
(ii) an overseas course of study provided at Australian premises; and
(b) for a commercial purpose.
Civil penalty: 500 penalty units.
[civil penalty for academic cheating services]
(3) Schedule 1, item 10, page 7 (lines 12 to 17), omit subsection 114B(2), substitute:
(2) A person contravenes this subsection if:
(a) the person advertises, or publishes or broadcasts an advertisement for, an academic cheating service to students undertaking, with a higher education provider:
(i) an Australian course of study; or
(ii) an overseas course of study provided at Australian premises; and
(b) either:
(i) the person does so for a commercial purpose; or
(ii) the academic cheating service has a commercial purpose.
Civil penalty: 500 penalty units.
[civil penalty for academic cheating services]
(2) Schedule 1, item 10, page 6 (line 20), omit "or (3)".
(3) Schedule 1, item 10, page 6 (line 25), omit "or (3)".
(4) Schedule 1, item 12, page 10 (line 12), omit "114A(3) or".
(1) Schedule 1, item 10, page 6 (lines 10 to 17), subsection 114A(3), TO BE OPPOSED.
That this bill be now read a third time.
Family Assistance Legislation Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Bill 2020
Just over 18 months into implementation of the childcare package and it is clear that the government is delivering on its goals to create a more affordable, accessible and flexible childcare system.
… now would be a really good time for the government to announce that Australia's early education and care system is not fit for purpose, that the funding is still nightmarishly complex and they are going to make a fundamental change to how they are going to fund it.
They need to stop funding parents and start funding services.
That the question be put.
The Senate divided. [10:52]
(The President—Senator Ryan)
That the question be put.
The Senate divided. [11:24]
(The Acting Deputy President—Senator Bilyk)
Robert attended Canberra Grammar School from pre-school to year 12, this period being two thirds of his short life. Robert was an intelligent student and a superb all-round athlete. He was awarded Blaxland House Colours and the Mark Sowell Award for outdoor education. He was Captain of the open grade Third Fifteen Rugby Football Team where he played as five eighth, and he regularly played with the Second Fifteen. In his final year at school, his football team presented him with the Players' Player Award.
Robert was gregarious, charismatic, he made friends easily and had a wonderful sense of humour. His family and his friends meant everything to him. He loved the outdoor life, particularly camping, fishing and hunting. This love of the outdoors was a strong influence on his decision to join the Australian Army in 2009.
Robert was posted to the 6th Battalion, The Royal Australia Regiment (6RAR) where he quickly earned himself a reputation as a fun-loving person and a great mate to be around. There was never a dull moment when Poatey was present. He was a great morale booster and was known as a dedicated soldier, a quick learner and a man on a mission to go to Afghanistan. As a junior soldier, he was also identified for his leadership skills ahead of most of his peers and he completed an Infantry section leaders course.
Robert deployed to Afghanistan as crew commander of a Bushmaster vehicle with Mentoring Task Force 5 in June 2012. The vehicle he commanded was regularly the lead vehicle in convoys and patrols. On 29 August 2012, Robert was tragically killed along with two of his mates by enemy fire at Patrol Base Wahab, Oruzgan Province, Baluchi Valley, Afghanistan.
Hugh, Janny and Nicola are left with wonderful memories of Robert, particularly his ever-present smile, his great sense of humour and his unconditional love.
They have known about these issues … There's plenty of reports that have told them, but they have ducked it. … the government has made no progress … they've sat on the report.
… the failure of the Abbott government and those advising it, exacerbated the already deteriorating situation which has now resulted in the failures in the aged care sector of today.
… the Coalition failed in their promise to reform aged care and simply opted for a shift that had no demonstrable positive outcome for the wellbeing of our older Australians.
While recognising that the wearing of masks is not mandatory in the ACT, at the specific request of the Acting Chief Medical Officer and out of an abundance of caution, in the public common areas of Australian Parliament House everyone is recommended to wear a mask at all times.
As an additional precaution the wearing of masks is encouraged in the presence of others, especially where physical distancing is not possible, and by those at increased risk of COVID-19.
… the CMO wanted a mandatory memorandum for the sitting fortnight, but was overruled by the presiding officers.
That the Senate take note of the answers given by the Minister for Aged Care and Senior Australians (Senator Colbeck) to questions without notice asked by Opposition senators today relating to COVID-19 and aged care.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Hanson-Young today relating to support for the arts and entertainment industry.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020, allowing it to be considered in this period of sittings.
That leave of absence be granted for Senator Carr for Tuesday, 25 August for personal reasons.
Family Law Amendment (Risk Screening Protections) Bill 2020
Sport Integrity Australia Amendment (World Anti-Doping Code Review) Bill 2020
That the following bills be introduced: A Bill for an Act to amend the Family Law Act 1975 , and for related purposes.
A Bill for an Act to amend the law relating to sport, and for related purposes.
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
FAMILY LAW AMENDMENT (RISK SCREENING PROTECTIONS) BILL 2020
SECOND READING SPEECH
The Australian Government is committed to addressing family violence and continuing to improve the protections offered through the family law system to those vulnerable families affected by violence and abuse.
In December last year, the Government announced $13.5 million for the federal family law courts to pilot a trial of a systematic approach to screening matters for family safety risks, and triaging matters into case management pathways, according to their identified level of risk. This will include a specialist family violence list for high-risk matters.
The Family Law Amendment (Risk Screening Protections) Bill 2020 will support the effective implementation of these important new family safety risk screening and triage processes.
The new family safety risk screening processes will improve the identification of, and responses to, family safety risks in family law matters, to achieve better outcomes for families navigating the family law system.
This Bill reflects the Government's continued commitment to ongoing improvements to the family law system so that families can resolve matters safely, fairly and quickly. The $13.5 million funding for the pilot of risk screening measures builds on the Government's heavy investment in addressing domestic violence, with:
The Bill and the pilot also responds to findings from reports examining the family law system, including:
The new Family Safety Risk Screening processes
A pilot of the new family safety risk screening processes will operate from 2020 to 2022, from the Brisbane, Parramatta and Adelaide court registries, which collectively receive more than 42 per cent of filings.
During the pilot, a dedicated team within the courts will screen newly filed parenting matters for family safety risks, and triage and manage matters according to their level of identified risk. A family counsellor will take early action in high risk cases, including conducting a follow-up risk assessment, developing safety and wellbeing plans, and offering referrals to support services. A specialist family violence list, named the Evatt List in honour of the Hon Elizabeth Evatt AC, will be established to manage and resolve high-risk matters. The Evatt list will be supported by a judge‑led, multidisciplinary team including registrars, and family counsellors.
The new risk screening and triage processes will be complemented by tailored court processes, safety planning and referrals to support services for at risk families.
Measures in the Bill
The Bill will make minor amendments to the Family Law Act in order to support the new risk screening process by protecting information that will be generated through the new risk screening process, and which are based off existing Family Law Act provisions.
The Bill will ensure that information obtained or generated through the risk screening process cannot be disclosed, except in limited circumstances. Important exceptions to this confidentiality will enable disclosure if it is necessary to protect a child from the risk of harm, or to prevent or lessen serious threats to the life, health or property of a person.
These confidentiality provisions are consistent with existing family counselling provisions of the Family Law Act.
The Bill will also ensure that information obtained or generated through the new risk screening process is inadmissible in any court or tribunal. A critical exception would apply where family safety risk screening information or evidence indicates that a child has been abused or is at risk of abuse.
These admissibility provisions are also consistent with existing family counselling provisions of the Family Law Act.
By ensuring the confidentiality and inadmissibility of information obtained through risk screening, the Bill will enable parties to freely and confidently participate in the process. This is especially important for protecting family violence victims in high-risk cases, and for maintaining the accuracy and reliability of the risk screening information used to triage matters.
The confidentiality and inadmissibility protections for risk screening information are also appropriate because the intention is the early identification and management of safety concerns, and provide an appropriate case management pathway for matters, including referring high-risk cases to a dedicated court list. The risk screening information is not intended to serve the same purpose as, or replace, evidence in proceedings, which is provided through usual methods, including the notices of risk that form part of existing practice.
Finally, the Bill will provide immunity for court officials, such as registrars and family counsellors, when undertaking new non-judicial roles as part of the risk screening process.
This immunity reflects the protection currently afforded to family consultants under the Family Law Act. It will support court workers to carry out the new functions involved in risk screening, such as making referrals and triaging matters into case management pathways based on risk screening information.
Conclusion
This Bill will enhance the family law system's approach to risk identification and management and improve outcomes for vulnerable families. It is another example of this Government's continuing commitment to addressing family violence in Australia and to ensuring that the family law system protects victims of family violence.
SPORT INTEGRITY AUSTRALIA AMENDMENT (WORLD ANTI‑DOPING CODE REVIEW) BILL 2020
SECOND READING SPEECH
The Australian Government is a strong advocate for clean and fair sport, as demonstrated by the sport integrity reforms enacted in its response to the Review of Australia's Sports Integrity Arrangements (Wood Review). While Australia can do what it can in its own backyard, sport is a global activity, and it is important that Australians are subject to the same anti-doping arrangements as our international competitors.
The World Anti-Doping Code (Code), administered by the World Anti‑Doping Agency (WADA) and implemented by sports and governments around the world, ensures that athletes are treated the same and abide by the same core set of rules everywhere, regardless of nationality and sport. Australia, as a signatory to the UNESCO Convention against Doping in Sport (Convention), has an obligation to implement anti-doping arrangements that are consistent with the principles of the Code.
WADA initiated a comprehensive review of the Code in late 2017, as it does every six years, to ensure it remains up to date with doping methods and practices. A key theme of the review was proportionality – to ensure the Code targets the right stakeholders and applies consequences that are proportionate to an individual's culpability.
Consequently, some of the key changes to the Code include:
To ensure that core anti-doping arrangements are harmonised across the world, international sporting federations, governments, and anti-doping organisations that are signatories to the Code are currently updating their anti-doping policies and legislation to reflect the revised Code.
The Sport Integrity Australia Amendment (World Anti-Doping Code Review) Bill 2020 ensures Australia continues to meet its international obligations to enact legislation that is consistent with the principles of the Code and its associated International Standards. The revisions to the Code will commence from 1 January 2021. If Australia does not amend its legislation to reflect the revised Code, we will be non-compliant with our obligations under the Convention, and Australian athletes will be subject to out-of-date anti-doping arrangements.
Sport Integrity Australia is the Australian government agency responsible for working with sporting organisations to eliminate doping. Sport Integrity Australia's powers and functions are specified under the Sport Integrity Australia Act 2020 and theSport Integrity Australia Regulations 2020 .
A key revision to the Code is broadening the scope of those who can be subject to anti-doping arrangements. This is largely in response to the Russian doping scandal, where the McLaren report stated that Russia operated a state‑sponsored doping scheme for several years. Key facilitators of the scheme sat outside the jurisdiction of the Code. In response, the revised Code will now provide anti-doping organisations authority to subject individuals such as board members, officers, directors, and specified employees to certain anti-doping rules which target facilitation. Importantly, the Code recognises that such individuals should not be subject to the full requirements of the Code, such as whereabouts and testing.
The revised Code also recognises that, in certain circumstances, it may not be appropriate for an anti-doping organisation to publish the details of an individual's anti-doping rule violation. The Code requires an anti-doping organisation to maintain a public-facing violations list which details information of all anti-doping rule violations (except for those under 18 years old). The revised Code broadens this exception to include athletes who compete for recreational purposes (unless that person has been considered a national-level athlete or international-level athlete within the previous five years), and individuals who do not have the mental capacity to understand the anti-doping rules.
The revised Code recognises that anti-doping organisations require greater flexibility to respond to misinformation regarding an ongoing anti-doping rule violation. Currently, the Code restricts when an anti-doping organisation can respond to address misinformation to when the comments can be directly attributed to the athlete or support person, or a member of their entourage. The revised Code broadens this to include where the comments can be attributed to information provided by an athlete or a member of their entourage. This revision also allows the Government to continue to implement its sport integrity reforms outlined in its response to the Wood Review.
The proposed amendment to the definition of athlete sits outside the revisions to the Code. The amendment is necessary to clarify the operation of the National Anti-Doping Scheme, that a person remains an athlete (and subject to the anti-doping rules) for six-months after the time that person last competes. This provides more clarity and certainty around whether a person is an athlete.
The Government remains committed to the fight against doping, and it is paramount that the international sporting movement and governments work together to implement harmonious core anti-doping programs that reflect the Code and its accompanying International Standards. This Bill ensures that Australia continues to play its part in international anti-doping arrangements, safeguards the health and wellbeing of athletes, and meets its obligations under the Convention.
That—
(a) the Senate notes that:
(i) on 16 November 2017, the Senate ordered the production of all documents relating to water purchases across the Murray Darling Basin from 1 January 2017,
(ii) on 12 February 2018, documents were returned redacted, including the valuations of Clyde and Kiora in Queensland (the 'watergate' purchases), with a claim of public interest immunity and the documents were re-tabled on 26 October 2018, with the 'watergate' valuations remaining redacted,
(iii) despite denying the Senate access to the 'watergate' valuations, the department has released them to a citizen under freedom of information law, and
(iv) 'watergate' purchases were effected at $2,745 per megalitre, despite an independent valuation recommending between $1,100 and $2,300 per megalitre;
(b) the Minister representing the Minister for Resources, Water and Northern Australia, attend the Senate at 12pm on 31 August 2020 to explain, for no longer than 15 minutes, why an improper public interest immunity claim was advanced in relation to the 'watergate' valuations, and why the Commonwealth paid more than the independent valuer's range; and
(c) any senator may move to take note of the explanation and the debate (maximum 1.5 hours; 15 minutes per speaker) shall have precedence over all business until determined.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018 be restored to the Notice Paper and consideration of the bill resumed at the stage reached in the 45th Parliament.
That the Senate—
(a) notes that:
(i) the Aboriginal Flag is an official flag of Australia and a symbol of strength and unity,
(ii) the Aboriginal Flag is the single unifying symbol of Australia's different and diverse Aboriginal Nations,
(iii) commercial interests are restricting the use of the flag and putting profit before pride, and
(iv) Aboriginal organisations have been sent cease and desist orders, simply for using the flag; and
(b) calls on the Government to do everything in its power to free the flag, and get it back so it can be used by the whole community; at the same time as respecting Mr Harold Thomas.
That the Senate—
(a) recognises that Health Services Union (HSU) members in the aged care, health and disability support sectors are some of the most at-risk people during this pandemic;
(b) acknowledges that for many workers in these sectors the choice of saying no to a shift can mean the difference between putting food on the table or going hungry;
(c) notes that forcing sick workers to come to work due to lack of appropriate leave provisions will only inhibit efforts to contain the COVID-19 pandemic;
(d) urges the Morrison Government to legislate and fund paid pandemic leave for health, aged care and disability support workers; and
(e) commends the HSU for standing up for its members on this crucial issue.
That the Senate—
(a) notes that over 2.6 million Australians call the Murray-Darling Basin home, with $24 billion worth of food produced annually to feed the nation and the world;
(b) acknowledges the significant financial and emotional hardship faced by primary producers along the Murray-Darling Basin communities, arising from outdated, fragmented, and unfair regulations around water management;
(c) welcomes the Australian Competition and Consumer Commission (ACCC) Interim Report into Murray -Darling Basin Water Markets , that notes major reform is necessary to build integrity within the water market and ensure the water market operates in an open, fair and efficient way;
(d) further notes that the ACCC is now undertaking targeted consultation on the observations in its interim report before delivering a final report in November 2020; and
(e) calls on state governments to work with the Federal Government to explore solutions to the ACCC's interim observations, with a view to implementing key final report recommendations relating to:
(i) increasing water data availability and pricing transparency,
(ii) implementing a licence system to accredit and regulate water brokers, and
(iii) immediately separating the Murray Darling Basin Authority enforcement and river management functions, in line with the Productivity Commission's 2019 review.
That the Senate—
(a) notes that:
(i) 36 women have been killed by violence in 2020, as reported by Counting Dead Women Australia from Destroy the Joint, 28 since the horrific murder of Hannah Clarke and her children six months ago,
(ii) there is no national government toll reporting women killed by violence in real time,
(iii) more than 370,000 women are subjected to violence from men each year,
(iv) 1 in 3 women have experienced physical violence and, on average, one woman is murdered every week by her current or former partner,
(v) women are nearly three times more likely than men to experience intimate partner violence and 2.5 times more likely to be hospitalised from family and domestic violence,
(vi) young women, women with disabilities, and First Nations women are more likely to experience violence,
(vii) demand for domestic and family violence services continues to increase, and
(viii) COVID-19 has put more women and children at risk and increased the demands on front-line domestic and family violence services; and
(b) calls on the Government to recognise violence against women as a national security crisis and increase funding accordingly so everyone seeking safety can access appropriate services when and where they need them.
That—
(a) the Senate requires the Minister for Aged Care and Senior Australians to attend the Senate on 27 August 2020, before government business is called on, to provide an explanation, of no more than 15 minutes, of his administration of his portfolio, with particular reference to the Commonwealth's support to, and regulation of, aged care providers during the COVID-19 pandemic;
(b) at the conclusion of the Minister's statement, or if the Minister fails to make a statement, the Leader of the Opposition in the Senate may move a motion - without notice - relating to the explanation or the conduct of the minister;
(c) a motion moved under paragraph (b) may not be amended; and
(d) any motion under paragraph (b) shall have precedence over all other business until determined, and if the question has not been resolved at 11am the question shall then be put.
The Senate divided. [15:54]
(The President—Senator Ryan)
That the Senate notes that—
(a) COVID-19 and the associated recession should not be used to justify changes to the scheduled superannuation payment increase from 9.5% to 12% by July 2025 – too many people retire with insufficient retirement savings, and data from the Australian Bureau of Statistics does not show that an increase in superannuation leads to a decrease in wages;
(b) with superannuation withdrawals at $32 billion, and predictions that this will reach $42 billion by the end of the year, Australians will regard this temporary measure that is allowing early access to super as careless policy management and a complete lack of foresight;
(c) there have already been 560,000 Australians who have completely cleared out their retirement savings, with 82% of these people under the age of 35 – young people will already fare worse following this pandemic and this has aggravated the problem;
(d) females are already worse off, with women retiring with approximately 47% less super than men – this is due to higher levels of part-time and casual work and repeated career breaks; and
(e) there also needs to be a more targeted approach to reducing inequalities females face, and prevent them from retiring in poverty.
The Senate divided. [16:02]
(The President—Senator Ryan)
(1) That the Senate notes that:
(a) the Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is due to be presented to the Federal Government in October 2020; and
(b) the EPBC Act states that the Final Report of the Independent Review of the EPBC Act must be laid on the table by the Minister representing the Minister for the Environment within fifteen sitting days of the Minister receiving the report.
(2) That consideration of the proposed introduction of any government bill to amend the EPBC Act be deferred until:
(a) the next sitting day after the Final Report has been tabled.
(b) the next sitting day after the tabling of Interim National Environmental Standards that have been endorsed by the full Consultation Group being chaired by Professor Graeme Samuel.
The Senate divided. [16:09]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) 19 July 2020 was the seventh anniversary of the introduction of Australia's current policy of offshore detention,
(ii) on 19 July 2013, then Prime Minister Kevin Rudd announced his Government had entered into a regional resettlement arrangement with Papua New Guinea, which would reintroduce offshore processing and detention for people seeking asylum who arrived by sea, and
(iii) since this arrangement was entered into, the following 13 people who were sent to Manus Island or Nauru by Australia under its offshore detention system have died: Reza Barati (2014); Sayed Ibrahim Hussein (2014); Hamid Kehazaei (2014); Omid Masoumali (2016); Rakib Khan (2016); Kamil Hussain (2016); Faysal Ishak Ahmed (2016); Hamed Shamshiripour (2017); Rajeev Rajendran (2017); Jahingir (2017); Salim Kyawning (2018); Fariborz Karami (2018); and Sayed Mirwais Rohani (2019);
(b) expresses sincere condolences to the families and friends of these men who died while subject to Australia's offshore detention policy; and
(c) at the passing of this motion rises and spends a moment in silence to reflect on the deaths that have occurred in Australia's current offshore detention system.
The Senate divided. [16:14]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Age Pension, Disability Support Pension, Carer Payment and many other social security payments will not be indexed by the Government in September,
(ii) the last time pensions were not indexed was almost a quarter of a century ago,
(iii) this will mean that pensions will be frozen for at least a year,
(iv) the cost of fresh fruit and vegetables has increased by over 5% in the past six months and the out-of-pocket cost of seeing a GP has increased $11 under this Government, and
(v) record low interest rates are hurting pensioners with modest savings; and
(b) calls on the Government to treat pensioners fairly, by ending the Prime Minister's pension freeze.
The Senate divided. [16:17]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Federal Court of Australia has made formal declarations of unlawful logging by VicForests in 66 forest areas under Victoria's Regional Forest Agreement,
(ii) the Bob Brown Foundation has launched a separate legal action, arguing that logging under the Tasmanian Regional Forest Agreement is unsustainable and illegal, and
(iii) handing environmental approvals to the states will make the rest of our environment subject to the same systemic failure as our forests have been suffering under the Regional Forests Agreements; and
(b) calls on the Government to:
(i) abandon the failed, flawed Regional Forest Agreements,
(ii) immediately protect all old-growth and high conservation value forests,
(iii) abandon attempts to rush through changes to environmental laws that make it easier for big miners and developers to damage our environment and wildlife, and
(iv) create an independent environmental watchdog with teeth.
The Senate divided. [16:21]
(The President—Senator Ryan)
That Senator Canavan be granted leave of absence for 26 August 2020, for personal reasons.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Morrison Government's failure to act in response to the Aged Care Royal Commission's Interim Report entitled 'Neglect' and the warnings from COVID-19 outbreaks in the Northern hemisphere, at Dorothy Henderson Lodge, at Newmarch House, resulting in the tragic and unnecessary deaths of 335 Australians in aged care.
Had the Australian Government acted upon previous reviews of aged care, the persistent problems in aged care would have been known much earlier and the suffering of many people could have been avoided.
There has been a focus in recent months on … preparation for outbreak once COVID comes into an aged-care service. From our perspective, that's not sufficient. By the time the service goes positive, it's too late. So we need to get upstream. We need to identify what are those factors. What's the chain of transmission?
1. safe and high quality care and services;
2. be treated with dignity and respect;
3. have my identity, culture and diversity valued and supported;
4. live without abuse and neglect;
5. be informed about my care and services in a way I understand; …
Unfortunately, in Victoria, where we have uncontrolled community spread, the virus has inevitably got into residential aged care. That is what happens.
… none of the problems that have been associated with the response of the aged care sector to COVID-19 was unforeseeable.
… … …
Tragically, not all that could be done was done.
In the case of Tasmania the correspondence from the State Controller outlines consideration of exemption from the quarantine requirements on a case-by-case basis. This claimed discretion is particularly problematic on the grounds of differential treatment of members of the executive in the first instance and lack of transparency around the equality of treatment of senators in the second instance.
That the Senate take note of the report.
Like all parliamentarians, scrutiny committee members may, and often do, have different views in relation to the policy merits of legislation. The report does not assess the broader merits or policy objectives of particular measures but rather seeks to provide parliament with a credible technical examination of the human rights implications of legislation. Committee members performing a scrutiny function are not, and have never been, bound by the contents or conclusions of scrutiny committee reports.
…extension of the cashless debit card trial is a justifiable limit on the rights to social security and privacy or, to the extent that the trial has a disproportionate impact on Indigenous Australians, that it is a reasonable and proportionate measure and therefore not discriminatory.
That the Senate take note of the report.
That the Senate take note of the response tabled by Minister Colbeck to the Senate's order to produce documents related to his failings as the minister for aged care.
That the Industry Research and Development (Bankable Feasibility Study on High-Efficiency Low-Emissions Coal Plant in Collinsville Program) Instrument 2020, made under the Industry Research and Development Act 1986, be disallowed [F2020L00772].
But even if the government were to completely de-risk coal by paying for the whole plant and guaranteeing an exemption from any future liabilities, the lowest LCOE that could be achieved is … still well above wind, solar or gas.
… new coal-fired generators are unlikely to bring current prices down because they require even higher prices to be bankable; they are a poor fit to stabilise the grid …
… we shouldn't kid ourselves a new HELE plant would bring down electricity prices anytime soon.
…new cheap coal is a bit of a myth.
… it will not lead to a new coal-fired power station being built.
There are more economically efficient and environmentally cleaner options for power generation in Australia.
The leadership vacuum in the left has seen a once powerful voice for working Queenslanders atrophy to the point where today it is little more than a creche for party hacks.
Quite simply, the so-called left faction—
is now merely an impotent and self-serving echo chamber for a cabal of Peel Street elite who have totally lost touch with their working class roots.
Australia has obligations under international human rights law to ensure every person within its borders has a safe and secure place to live, adequate food and basic health care.
Advising temporary visa holders to go home does not diminish these obligations. Nor does it absolve Australia of its moral obligations to these people it encouraged to greatly invest in studying and working here.
… participation in sport should be based on a person's affirmed gender identity and not the sex they were assigned at birth