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 as would prevent Senator Patrick moving a motion relating to the conduct of business, namely a motion to give precedence to the consideration of the Biosecurity Amendment (No Crime to Return Home) Bill 2021.
The Senate divided. [09:59]
(The Deputy President—Senator Lines)
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Bill 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
Migration Amendment (Clarifying International Obligations for Removal) Bill 2021
Migration Amendment (Tabling Notice of Certain Character Decisions) Bill 2021
Social Services and Other Legislation Amendment (Student Assistance and Other Measures) Bill 2021.
The Senate divided. [10:08]
(The Acting Deputy President—Senator Brown)
Northern Australia Infrastructure Facility Amendment (Extension and Other Measures) Bill 2021
This loan will take us further down the path of making Australia self-sufficient in saltwater Barramundi production, plus secure our supply of Barramundi through a purpose built Barramundi hatchery.
National Barramundi Day is the perfect day to announce this huge boost to Australian Barramundi aquaculture.
As Australia's iconic fish, demand for quality, Australian saltwater Barramundi is growing. We aim to meet that demand through improving our facilities to provide the best growing conditions, leading to a healthy, great-tasting fish.
The NAIF loan, alongside private bank co-funding, will support the construction of a purpose built hatchery for saltwater barramundi that will provide a significant boost to the Northern Territory's aquaculture industry and generate economic activity in the Territory as we recover from the COVID-19 pandemic.
At the end of the motion, add: ", but the Senate is of the view that no public money should be invested in coal, gas or oil projects".
That a motion relating to the consideration of legislation may be moved immediately and determined without amendment or debate.
The Senate divided. [11:52]
(The President—Senator Ryan)
That today:
(a) the routine of business from 11.45 am be as follows:
(i) notices of motion;
(ii) consideration of a report from the Standing Committee for Selection of Bills;
(iii) placing of business;
(iv) formal motions; and
(v) consideration of the following bills:
(A) Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 and Migration Amendment (Tabling Notice of Certain Character Decisions) Bill 2021,
(B) Education Legislation Amendment (2021 Measures No. 1) Bill 2021,
(C) Health Insurance Amendment (Prescribed Fees) Bill 2021, and
(D) Social Services and Other Legislation Amendment (Student Assistance and Other Measures) Bill 2021;
(b) if by 1.30 pm consideration of the bills has not concluded, the questions on all remaining stages be put without debate;
(c) paragraph (b) operate as a limitation of debate under standing order 142; and
(d) following consideration of the bills, the Senate return to its routine of business.
The Senate divided. [11:55]
(The President—Senator Ryan)
MEMBERS OF THE COMMITTEE
Senator Dean Smith (Government Whip, Chair)
Senator Perin Davey (The Nationals Whip)
Senator Stirling Griff (Centre Alliance Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Rachel Siewert (Australian Greens Whip)
Senator Anne Urquhart (Opposition Whip)
Senator Raff Ciccone
Senator Katy Gallagher
Senator Jacqui Lambie
Senator the Hon James McGrath
Senator Rex Patrick
Senator the Hon Anne Ruston
Secretary: Tim Bryant
SELECTION OF BILLS COMMITTEE
REPORT NO. 5 OF 2021
1. The committee met in private session on Wednesday, 12 May 2021 at 7.14 pm.
2. The committee recommends that—
(a) the provisions of the Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021 bereferred immediately to the Environment and Communications Legislation Committee for inquiry and report by 17 June 2021 (see appendix 1 for a statement of reasons for referral); and
(b) the provisions of the Family Law Amendment (Federal Family Violence Orders) Bill 2021 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 29 July 2021 (see appendix 2 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
Financial Regulator Assessment Authority (Consequential Amendments and Transitional Provisions) Bill 2021
Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Bill 2021
5. The committee considered the following bill but was unable to reach agreement:
(Dean Smith)
Chair
13 May 2021
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021
Reasons for referral/principal issues for consideration:
Investigate impact of legislation on screen industry.
Possible submissions or evidence from:
Broadcasting sector Screen Industry
Committee to which bill is to be referred:
Environment and Communications
Possible hearing date(s):
Possible reporting date:
19 October 2021
Rachel Siewert
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Family Law Amendment (Federal Family Violence Orders) Bill 2021
Reasons for referral/principal issues for consideration:
This bill was introduced on 24 March 2021, and appears to have been drafted without consultation with a number of key stakeholders, who have contacted us with concerns about the bill.
To ensure Bill is fit for purpose, and to allow stakeholders a chance to provide advice on any problems to be fixed or improvements that could be made.
Possible submissions or evidence from:
Law Council of Australia
Women's Legal Services
Women's Safety NSW
Family Violence Prevention Legal Services
National Aboriginal and Torres Strait Islander Legal Services
Family Court of Australia
Community Legal Centres Australia
Legal Aid Commissions
Committee to which bill is to be referred:
Sen ate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
July and early August
Possible reporting date:
Friday July 29 2021
Senator Anne Urquhart
That the report be adopted.
At the end of the motion, add:
"and, in respect of the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021, the provisions of the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 29 June 2021."
The Senate divided. [12:07]
(The President—Senator Ryan)
That—
(a) government business orders of the day as shown on today's Order of Business be considered from 12.45 pm today;
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today; and
(c) general business notice of motion no. 1111 be considered during general business today.
That the following matter be referred to the Community Affairs References Committee for inquiry and report by 30 November 2021:
The purpose, intent and adequacy of the Disability Support Pension (DSP), with specific reference to:
(a) the purpose of the DSP;
(b) the DSP eligibility criteria, assessment and determination, including the need for health assessments and medical evidence and the right to review and appeal;
(c) the impact of geography, age and other characteristics on the number of people receiving the DSP;
(d) the impact of the DSP on a disabled person's ability to find long term, sustainable and appropriate employment within the open labour market;
(e) the capacity of the DSP to support persons with disabilities, chronic conditions and ill health, including its capacity to facilitate and support labour market participation where appropriate;
(f) discrimination within the labour market and its impact on employment, unemployment and underemployment of persons with disabilities and their support networks;
(g) the adequacy of the DSP and whether it allows people to maintain an acceptable standard of living in line with community expectations;
(h) the appropriateness of current arrangements for supporting disabled people experiencing insecure employment, inconsistent employment, precarious hours in the workforce; and inequitable workplace practices;
(i) the economic benefits of improved income support payments and supports for persons with disabilities, their immediate households and broader support services and networks;
(j) the relative merits of alternative investments in other programs to improve the standard of living of persons with disabilities; and
(k) any related matters.
That—
(1) To ensure appropriate consideration of time critical bills by Senate committees, the provisions of all bills introduced into the House of Representatives after 13 May 2021 and up to and including 4 June 2021 that contain substantive provisions commencing on or before 1 July 2021 (together with the provisions of any related bill), are referred to committees for inquiry and report by 11 June 2021.
(2) The committee to which each bill is referred shall be determined in accordance with the allocation of departments and agencies to standing committees agreed to by the Senate.
(3) A committee to which a bill has been referred may determine, by unanimous decision, that there are no substantive matters that require examination and report that fact to the Senate.
(4) This order does not apply in relation to bills which contain:
(a) no provisions other than provisions appropriating revenue or moneys (appropriation bills); and
(b) commencement clauses providing only for the legislation to commence on Royal Assent.
That the following bill be introduced: A Bill for an Act to amend the Snowy Hydro Corporatisation Act 1997 , and for related purposes.Snowy Hydro Corporatisation Amendment (No New Fossil Fuels) Bill 2021 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
I rise to introduce the Snowy Hydro Corporatisation Amendment (No New Fossil Fuels) Bill 2021.
The Bill would have the effect of prohibiting Snowy Hydro from:
- Developing or constructing or being involved in the development or construction, of new fossil fuel-based electricity generation capacity;
- Acquiring, purchasing or otherwise investing in, or being involved in acquiring, purchasing or investing in, new fossil fuel-based electricity generation capacity;
- Operating, or being involved in the operation of, new fossil fuel-based electricity generation capacity.
And by this, the Bill explicitly defines that new capacity does NOT include:
- Fossil fuel-based electricity generation capacity that derives from assets or facilities that a Snowy hydro-group company owns, controls or operates immediately before the day the amendment commences.
- Fossil fuel-based electricity generation capacity that derives, or will derive, from assets or facilities that a Snowy hydro-group company is required to construct, develop, acquire, purchase, invest in or operate under a binding contract entered into by a Snowy hydro-group company before the day the amendment commences.
There are two separate problems.
On one hand we know we have to wind down our existing fossil fuel generation capacity, and Snowy Hydro owns a number of gas-fired power stations already.
The Greens have a clear position on this, that the transition to 100% renewables needs to be completed within the next decade if Australia is to do its fair share of limiting global heating to 1.5 degrees Celsius.
But this Bill does not address that.
What this Bill seeks to do is prevent the government from making the problem worse.
Because this government has made clear its intent to invest in new fossil fuel-based electricity generation in the middle of a climate emergency.
Whether it be the $30 million proposed in the Budget to go to Twiggy Forrest's gas-fired generator in Port Kembla, or Snowy Hydro building a new gas-fired generator in the Hunter, this government only knows how to double down on fossil fuels.
The timing of this Bill is critical.
Minister Taylor, upon receipt of the Report of the Liddell Taskforce, made clear that the private sector had until the end of April to invest in 1000 megawatts of new dispatchable capacity.
That deadline has passed, and while the government has given money to two new gas-fired generators in NSW, they are yet to rule out Snowy Hydro going ahead with their proposed Hunter Valley plant.
No one wants this gas plant.
The Liddell Taskforce, which the Minister set up to look into the closure of the Liddell coal-fired power station, did not make a recommendation for 1000 MW of new capacity.
In fact the study that the Taskforce asked the energy market operator for said that the capacity gap in 2025 would only be 215 MW.
But let's concede that this gap exists. Well what has the private sector done between that announcement last year and now?
Origin have announced a 700 MW battery at their Lake Macquarie site.
Neoen have announced a 500 MW battery in the Central Tablelands.
CEP Energy have announced their intent to build a 1200 MW battery at Kurri Kurri, the exact same site that Minister Taylor has proposed for his gas-fired power plant.
But is that going to stop Minister Taylor?
The Minister has made clear that he's not interested in dispatchable capacity unless it comes in the form of gas.
Don't worry that Reputex has found that it is cheaper to replace Liddell with renewables and batteries than gas.
Ignore the clear statements from the Intergovernmental Panel on Climate Change and the International Energy Agency that there is no more room in the carbon budget for new fossil fuel infrastructure.
It is sad that this Bill needs to be introduced today.
The public owns Snowy Hydro.
We hold 100% of the shares.
This government has the power to tell Snowy Hydro to stop investing in new coal and gas fired power plants and make this Bill redundant.
If Minister Taylor and Minister Birmingham wanted to, they could tell Snowy Hydro to invest in new batteries or renewables in the Hunter instead.
But we have a government who is not interested in representing the will of the public.
A government not interested in addressing the climate emergency and keeping Australians safe.
Not interested in representing the over 70% of Australians who want us to be a global leader in climate action.
What we have is a government that is interested in providing billions in subsidies for the fossil fuel industry.
In helping out those massive multinational companies like Chevron and ExxonMobil, which off-shore billions in profits while paying zero in company taxes and making millions in donations to the major parties.
And those super-rich billionaires like Gina Rinehart and Clive Palmer and Rupert Murdoch, who think they can buy elections and make decisions about the future of Australia instead of us, the people.
And that is why we need this legislation.
This government has proven itself completely incapable of addressing the climate emergency, so it falls to this parliament to hold them accountable.
We cannot let this government invest in new gas, we cannot let this government build new gas infrastructure.
We know we must rapidly bring down carbon pollution if we have any hope of keeping a safe climate for all the people of this planet, and this Parliament must hold the government to that responsibility.
I commend this Bill to the Senate and call on all members in this place to support it.
That—
(a) the Senate notes at the time of lodgement of this notice of motion:
(i) 2,214 questions on notice from the 2020-21 additional estimates in the following portfolios remain unanswered and are overdue:
(A) Agriculture, Water and Environment, 181 questions,
(B) Attorney-General's, 20 questions,
(C) Defence, 419 questions,
(D) Education, Skills and Employment, 7 questions,
(E) Employment, Industrial Relations and Small Business, 82 questions,
(F) Finance, 75 questions,
(G) Foreign Affairs and Trade, 344 questions,
(H) Health, 164 questions,
(I) Home Affairs, 95 questions,
(J) Industry, Science, Energy and Resources, 103 questions,
(K) Infrastructure, Transport, Regional Development and Communications, 266 questions,
(L) Prime Minister and Cabinet, 189 questions,
(M) Social Services, 162 questions, and
(N) Treasury, 107 questions,
(ii) 89 questions on notice from the 2020-21 Budget estimates remain unanswered,
(iii) 7 questions on notice from the 2019-20 additional estimates remain unanswered, and
(iv) 20 questions on notice from the 2019-20 supplementary Budget estimates remain unanswered;
(b) there be laid on the table by the Leader of the Government in the Senate, by no later than 9.30 am on Monday, 17 May 2021, the answers to all 2,330 unanswered questions on notice from the 2020-21 additional estimates, 2020-21 Budget estimates, 2019-20 additional estimates and the 2019-20 supplementary Budget estimates; and
(c) if the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
That the Senate—
(a) notes that:
(i) Australian school students are crying out for clear and direct education on sex and consent,
(ii) the Federal Government's 'Respect matters' resources for schools were announced in 2015, re-announced twice and launched six years later to the condemnation of experts and survivors for promoting harmful ideas about consent and relationships,
(iii) two of the videos were so bad they were removed and the entire set of materials is being reviewed,
(iv) women's safety experts say the remaining materials include some which will confuse students and perpetuate harmful myths, and
(v) Our Watch's pilot programs in Queensland and Victoria, delivering age appropriate, whole-of-school and evidence-based respectful relationships, have been evaluated as successful; and
(b) calls on the Federal Government to:
(i) fund the roll out of whole-of-school respectful relationships programs around the country, and
(ii) support including the teaching of affirmative consent in the Australian Curriculum.
The Senate divided. [12:23]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) we are in a climate emergency and need to rapidly reduce emissions to limit global temperature rise to 1.5 degrees celsius above pre-industrial levels,
(ii) United Nations Secretary-General Antonio Guterres has said that 'We can no longer afford big fossil fuel infrastructure anywhere',
(iii) International Energy Agency executive director Fatih Birol has said that 'We have no room to build anything that emits CO2 emissions', and
(iv) the Budget contains $1.18 billion in public subsidies for new coal and gas including:
(A) $263.7 million for carbon capture, use and storage,
(B) $173.6 million to help build roads for the gas industry in the Northern Territory,
(C) $30.0 million for Australian Industrial Power to build a 635MW gas fired power station in Port Kembla, and
(D) $15.7 million for gas industry field appraisal trials in the North Bowen and Galilee basins; and
(b) calls on the Australian Government to phase out fossil fuel subsidies and end public funding for new fossil fuel infrastructure.
The Senate divided. [12:30]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Catherine House is the only service specifically to support women in crisis and experiencing or facing homelessness in South Australia,
(ii) the Liberal State Government has cut $1.2 million from Catherine House, effectively one third of its operating budget,
(iii) Catherine House Crisis Accommodation Program supports hundreds of women each year; these women often present with histories of domestic and family violence, mental health issues and poverty, as well as facing a critical lack of safe and affordable housing,
(iv) this program now stands to lose its 20 beds and staff face losing their jobs,
(v) women now represent 44% of all people experiencing homelessness and women over the age of 55 are the fastest growing homelessness cohort, and
(vi) other homelessness services including the Hutt St Centre and St Vincent de Paul Society, which offer 47 crisis accommodation beds have also lost their funding; and
(b) calls on the South Australian Liberal Government to restore direct funding to Catherine House and other homelessness services and increase funding to the sector overall.
That so much of the standing orders be suspended as would prevent general business notices of motion Nos 1103, 1104 and 1108 being moved together immediately and determined without amendment or debate.
The Senate divided. [12:36]
(The President—Senator Ryan)
GENERAL BUSINESS NOTICE OF MOTION NO. 1103
That the Senate—
(a) notes that, on Sunday, 30 May, the international multiple sclerosis (MS) community will mark World MS Day;
(b) further notes that World MS Day brings the global MS community together to share stories, raise awareness and campaign with everyone affected by MS, including family, friends and carers;
(c) recognises that:
(i) MS affects over 25,600 people in Australia and nearly three million diagnosed worldwide - most people are diagnosed between the ages of 20 and 40, but it can affect younger and older people too,
(ii) the 2021 World MS Day theme continues the three-year theme of 'Connections' and this year will spotlight connecting with family and friends - World MS Day 2021 campaigns challenge social barriers that leave people affected by MS feeling lonely and socially isolated, and
(iii) for World MS Day 2021, MS Australia will launch resources and experiences for the MS community, aimed at supporting people to connect or reconnect with family and friends and, for some, to establish new friendships; and
(d) urges all members and senators to raise awareness among their constituents of MS and World MS Day by:
(i) acknowledging 30 May as World MS Day, and
(ii) encouraging them to visit www.msaustralia.org.au.
GENERAL BUSINESS NOTICE OF MOTION NO. 1104
That the Senate—
(a) notes that:
(i) regional Australia is being impacted by the inability to secure a workforce across several sectors, including agriculture, horticulture, tourism and hospitality,
(ii) labour force participation varies substantially by age,
(iii) mature age employees could fill vacancies that are impeding regional businesses' ability to operate at pre-COVID levels, and
(iv) barriers to workforce participation limit the ability for regional job vacancies to be filled by mature age employees; and
(b) calls on all governments to continue to address the labour shortage across the Northern Territory and regional Australia, by facilitating ways to better engage retirees in the workforce.
GENERAL BUSINESS NOTICE OF MOTION NO. 1108
That the Senate—
(a) acknowledges that Rotary Australia celebrates its centenary anniversary of service this year;
(b) notes that the Rotary Club of Perth, established on 25 August 1926, was the first Rotary Club established in Western Australia (WA) and that approximately 100 Rotary Clubs have since been established across the State's two Rotary International Districts (9455 and 9465);
(c) recognises the very significant contribution Rotary Australia and its members have made, and continue to make, to both their local and the wider WA communities; and
(d) acknowledges, in particular, the support WA Rotary Clubs provide to meaningful local projects, including the Cord Blood Bank, Passages Youth Engagement Hub, Path of Hope Foundation and UWA Medical School.
That so much of the standing orders be suspended as would prevent general business notices of motion nos 1100, 1102 and 1110 being moved together immediately and determined without amendment or debate.
The Senate divided. [12:41]
(The President—Senator Ryan)
GENERAL BUSINESS NOTICE OF MOTION NO. 1100
That the Senate—
(a) notes that:
(i) the Australian Government is responsible for borders, quarantine, and assisting Australians in jeopardy and stranded overseas,
(ii) since the Prime Minister capped international passenger arrivals on 13 July 2020, the crisis faced by Australians stranded overseas has worsened,
(iii) the Senate has previously called on the Government to:
(A) increase quarantine capacity and put all options on the table to return stranded Australians, especially from India,
(B) bring stranded Australians home by Christmas 2020, as the Prime Minister promised he would do, and
(C) expand safe and effective federal quarantine capacity and ensure everyone is welcomed home with care and compassion,
(iv) the Morrison Government still has no comprehensive plan to help every stranded Australian return home, and
(v) on 30 April 2021, the Government announced 'a temporary pause on travellers from India entering Australian territory' and that 'Failure to comply with an emergency determination under the Biosecurity Act 2015 may incur a civil penalty of 300 penalty units, five years' imprisonment, or both'; and
(b) calls on the Government to help Australians in India return, rather than jailing them, and fix our quarantine system rather than leaving our fellow Australians stranded.
GENERAL BUSINESS NOTICE OF MOTION NO. 1102
That the Senate—
(a) notes that:
(i) mining companies contracting out permanent jobs to labour hire has grown dramatically in the past decade,
(ii) most labour hire workers in coal mining are employed as casuals, even though they do the same work as permanents, with full-time hours and rosters set up to a year in advance,
(iii) in the Hunter Valley coalfields, 43% of open cut coal miners are employed on labour hire arrangements,
(iv) most of these labour hire workers are employed casually and receive substantially worse pay and conditions than mineworkers employed by the mine owner or operator,
(v) labour hire workers are typically paid 30-40% less than permanents in the coal industry, and
(vi) analysis by the McKell Institute shows that the lower wages paid to labour hire coal miners in the Hunter Valley costs the region up to $282 million year in economic activity, compared to workers being employed directly in permanent jobs; and
(b) further notes that, on 18 March 2021, One Nation, the National Party and the Liberal Party voted to amend the Fair Work Act, entrenching casualisation for coal mineworkers in the Hunter Valley.
GENERAL BUSINESS NOTICE OF MOTION NO. 1110
That the Senate—
(a) notes that Reconciliation Week takes place every year between 27 May and
3 June and celebrates two significant milestones in the reconciliation journey - the successful 1967 referendum and the High Court's decision in the Mabo case;
(b) notes that this year's theme 'More than a word - Reconciliation takes action' recognises the necessity of taking bolder steps to address the continuing effects of colonisation and heal relationships between the broader Australian community and First Nations people;
(c) acknowledges the role of the Council for Aboriginal Reconciliation and now Reconciliation Australia in providing national leadership on reconciliation, including holding organisations and institutions accountable for making tangible changes through the Reconciliation Action Plan (RAP) program;
(d) notes that the Australian Labor Party (ALP) is the only political party to have committed to a RAP;
(e) congratulates the seven First Nations emerging leaders who are present in Parliament this week as part of the ALP's First Nations Leadership Program under its RAP; and
(f) commits to take more courageous action on reconciliation, including to realise the objectives articulated in the Uluru Statement from the Heart and the National Agreement on Closing the Gap.
The Senate divided. [12:50]
(The President—Senator Ryan)
The Senate divided. [12:54]
(The President—Senator Ryan)
The Senate divided. [12:57]
(The President—Senator Ryan)
That so much of standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter—namely a motion to provide that a motion proposing to vary the order agreed to earlier today may be moved immediately and determined without amendment or debate.
The Senate divided. [13:06]
(The President—Senator Ryan)
That a motion proposing to vary the order agreed to earlier today may be moved immediately and determined without amendment or debate.
The Senate divided. [13:09]
(The President—Senator Ryan)
At the end of subparagraph (a)(v), add:
(E) Northern Australia Infrastructure Facility Amendment (Extension and Other Measures) Bill 2021
The Senate divided. [13:13]
(The President—Senator Ryan)
Migration Amendment (Clarifying International Obligations for Removal) Bill 2021
Migration Amendment (Tabling Notice of Certain Character Decisions) Bill 2021
That these bills may proceed without formalities, may be taken together and be now read a first time.
That the bills be taken together.
That these bills may proceed without formalities and be now read a first time.
That these bills be now read a second time.
MIGRATION AMENDMENT (CLARIFYING INTERNATIONAL OBLIGATIONS FOR REMOVAL) BILL 2021
The Clarifying International Obligations for Removal Bill amends the Migration Act to clarify that, in line with Australia's international obligations relating tonon-refoulement , the removal power in the Migration Act does not require or authorise removal of a person where they have been assessed as engaging those obligations unless:
Furthermore, the Bill improves our ability to assess if a person engages protection obligations, regardless of whether or not they fail to satisfy other criteria for the grant of a Protection visa. It enables access to merits review for certain individuals who were previously determined to have engaged protection obligations and in respect of whom the Minister has decided that they no longer engage those obligations. The person will not be subject to removal unless the decision is affirmed on merits review, or the period within which the person may apply for merits review has ended without an application for review having been made, or the person has withdrawn the application for merits review.
As noted in the Revised Explanatory Memorandum: " The Bill is anticipated to operate in relation to the very small cohort of serious character/national security concern detainees who enliven Australia's non-refoulement obligations."
The required review by Parliamentary Joint Committee on Intelligence and Security will further ensure that the legislation is effective.
This Bill protects the integrity of Australia's migration framework and deserves the support of all Senators. It presents an opportunity for those within this Parliament to stand up and demonstrate their commitment to human rights by ensuring that we are not obliged to remove a person from Australia where that removal would be in breach of non-refoulement obligations, and by ensuring that those who lodge a valid Protection visa application will always have their claims assessed.
MIGRATION AMENDMENT (TABLING NOTICE OF CERTAIN CHARACTER DECISIONS) BILL 2021
The Tabling Notice of Certain Character Decisions Bill amends theMigration Act to require notice of the making of certain character decisions by the Minister under subsection 501(3) to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made.
Decisions made under subsection 501(3) of the Migration Act are those decisions to refuse to grant a visa or to cancel a visa on character grounds that the Minister makes personally, without notice to the applicant or visa holder, where the Minister considers the refusal or cancellation to be in the national interest.
This requirement to table notice of the making of certain character decisions under subsection 501(3) will not apply where the Minister reasonably suspects the person does not pass the character test because the person:
Requiring notice of certain character decisions under subsection 501(3) of the Act to be tabled before each House of Parliament will provide transparency on the decision to refuse or cancel a person's visa. Usual tabling practices will be followed, including to ensure that personal information is not published.
All those who support measures to ensure greater transparency and accountability in relation to visa decision-making should support this Bill.
Summary
In the House, this Bill was supported by the Opposition on a bipartisan basis. We thank the Opposition for their support, in particular the Member for Fowler (Chris Hayes) and Member for Scullin (Andrew Giles), who spoke in favour.
Both Bills deserve the support of all Senators and I commend the Bill to the Chamber.
I rise to speak on the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 and Migration Amendment (Tabling Notice of Certain Character Decisions) Bill 2021.
These Bill seeks to address the situation concerning a small cohort of 21 people in immigration detention who have been found to be owed refugee protection, but who also fail to meet the criteria for a visa because they do not pass the character test or have received adverse security assessments from ASIO.
Labor supports this Bill after securing a range of important amendments and protections.
The Bill concerns 21 individuals.
These 21 individuals who cannot be returned to their country of origin, but who also present risks to the community or national security if they are released from immigration detention.
Of course, Australia has non-refoulement obligations under international treaties not to return individuals to situations where they face persecution; a real risk of torture or cruel, inhuman or degrading treatment or punishment; arbitrary deprivation of life; or the application of the death penalty.
Under these international treaties, Australia is not required to provide a visa to persons who engage refugee protection obligations if "compelling national security or public order" matters are also engaged.
These 21 individuals present a significant challenge in terms of identifying a durable solution.
This is because they cannot be returned to their country of origin, but they also present risks to the community or national security if they are released from immigration detention.
It's important to note that Federal court rulings present further challenges in relation to this cohort.
The court found that the removal powers in the Migration Act compel or authorise the removal of persons who fail to meet the criteria for a visa.
The impact of this ruling on this cohort is likely to mean they must either be:
This means that the only option presently available to the Government to avoid refoulement would be to grant these persons a visa and allow them to stay in Australia, even though they fail the character test or have adverse security assessments.
The Government argues that the intent of the Migration Act was never to permit the refoulement of persons who are found to be owed protection.
And as a consequence, the Bill amends the Migration Act to clarify that the Act does not require or authorise removal of a person on character or national security grounds where that person has also been assessed as engaging refugee protection obligations.
The Bill also provides additional options to resolve the ongoing detention of people in this cohort, including community detention with "bail-like" conditions, third country options, and ministerial discretion to determine that protection is no longer owed in circumstances where conditions that gave rise to the protection claim no longer exist.
It should be noted that the Bill would also impact other individuals in future who are being held in immigration detention in Australia and who engage refugee protection obligations, but, only if they fail to satisfy the character or adverse security assessments criteria for a visa.
We need to be clear here: if this Bill doesn't pass then people who are owed protection may be returned to counti es where they face persecution.
And clearly, there are legitimate grounds why we don't want this cohort of potentially dangerous individuals released into the Australian community.
Cohort
The Shadow Attorney-General and I received high-level and secure briefings from national security agencies in relation to the cohort affected by this legislation.
And I want to thank the Government and the various agencies for these important briefings.
This cohort is made up of persons who had their visas cancelled under Labor and Coalition Governments.
The cohort of 21 individuals includes:
These are the people that this legislation is seeking to address. Put simply, they cannot be released safely into the community.
UN Refugee Convention
Australia is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which defines a refugee as a person who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.
While the Convention articulates refugees be provided protection by signatories to the Convention, article two of the Convention states that refugees abide by the law in the country that grants them protection.
And article 28 states that "…Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require…"
Amendments
Labor recognises concerns that the Bill, including the new ministerial discretion, must be limited and exercised narrowly and appropriately.
These powers to reassess protection obligations are significant and as such safeguards on the use of the power are required.
Labor proposed the following amendments and commitments, which the Government has agreed to.
We welcome the Minister's determination that protection obligations are no longer engaged for a person in this cohort be subject to a merits review.
That the Parliamentary Joint Standing Committee on Intelligence and Security hold a statutory review of the Bill's operation within 24 months of royal assent.
The Government agreed to tabling measures which are implemented through the Migration Amendment (Tabling Notice of Certain Character Decisions) Bill 2021.
That the Minister provide assurances that the legislation only has implications for the small cohort of serious character/national security concern detainees who enliven Australia 's non-refoulement obligations.
Labor has been assured - that this is the Government's intent.
Labor has also sought and received assurances from the Government that this cohort receives Ombudsman assessment under S486O of the Migration Act.
The Ombudsman requires an assessment of the appropriateness of the arrangements for the detention of every person who has been in immigration detention for more than two years, and every six months thereafter, with a copy to be tabled in Parliament.
The Ombudsman's reports are an important oversight measure for immigration detention, along with other powers of the Ombudsman that include investigating complaints, own motion investigations and inspections of immigration detention facilities.
I would like to acknowledge the Minister and his office for the way they have worked constructively through the issues Labor has raised.
Labor supports the Bills and the amendments.
The Senate divided. [13:35]
(The President—Senator Ryan)
(2) Schedule 1, item 3F, page 8 (lines 23 and 24), to be opposed.
The Senate divided. [13:39]
(The President—Senator Ryan)
(1) Schedule 1, items 2 to 3D, page 4 (line 8) to page 8 (line 18), omit the items, substitute:
2 Section 197C
Repeal the section.
(3) Schedule 1, item 4, page 9 (lines 1 to 3), omit subitem (3).
The Senate divided. [13:42]
(The President—Senator Ryan)
The Senate divided. [13:46]
(The President—Senator Ryan)
Education Legislation Amendment (2021 Measures No. 1) Bill 2021
Health Insurance Amendment (Prescribed Fees) Bill 2021
Social Services and Other Legislation Amendment (Student Assistance and Other Measures) Bill 2021
That this bill may proceed without formalities and be now read a first time.
Northern Australia Infrastructure Facility Amendment (Extension and Other Measures) Bill 2021
The Senate divided. [13:55]
(The President—Senator Ryan)
SHEET 1274
At the end of the motion, add: ", and the bill be referred to the Environment and Communications Legislation Committee for inquiry and report by 15 June 2021".
_____
SHEET 1290
At the end of the motion, add: ", but the Senate is of the view that no public money should be invested in coal, gas or oil projects".
The Senate divided. [13:59]
(The President—Senator Ryan)
The Senate divided. [14:04]
(The President—Senator Ryan)
(1) Schedule 1, item 12, page 7 (line 7), after "assistance", insert "(other than equity investments)".
(2) Schedule 1, item 12, page 7 (line 9), after "assistance", insert "(other than in the form of equity investments)".
The Senate divided. [14:11]
(The President—Senator Ryan)
(1) Amendment (1), subsection (1A), omit "2050", substitute "2035".
The Senate divided. [14:16]
(The President—Senator Ryan)
(1) Schedule 1, page 9 (after line 10), after item 29, insert:
29A At the end of section 15(4)
Add:
(5) At least one member must be an Indigenous person.
(6) In this section:
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
The Senate divided. [14:28]
(The President—Senator Ryan)
SHEET 1247
(1) Schedule 1, item 1, page 3 (after line 9), after subsection 3(1), insert:
(1A) A further object of this Act is to encourage the provision of such financial assistance in relation to Northern Australia economic infrastructure that contributes to Australia's achievement of net zero emissions by 2050, and a person in exercising powers or performing functions or duties conferred by this Act must have regard to this object.
_____
SHEET 1277
(1) Schedule 1, page 4 (after line 15), after item 5, insert:
5B Section 5 (definition of Minister's consideration period )
Repeal the definition.
(2) Schedule 1, page 4 (after line 19), after item 6, insert:
6B Section 5
Repeal the following definitions:
(a) definition of proposal notice ;
(b) definition of rejection notice .
(3) Schedule 1, page 8 (after line 6), after item 19, insert:
19AA At the end of section 9
Add:
(5) The responsible Ministers must not give a direction under subsection 9(1):
(a) that has the purpose, or has or is likely to have the effect, of directly or indirectly requiring the Board or Facility to, or not to, give particular financial assistance; or
(b) that is inconsistent with this Act (including the objects of this Act).
(4) Schedule 1, items 22 to 24, page 8 (lines 15 to 28), omit the items, substitute:
22 Part 4
Repeal the Part.
(5) Schedule 1, page 11 (after line 19), after item 46, insert:
46A Paragraphs 42(b) and (c)
Repeal the paragraphs.
The Senate divided. [14:32]
(The President—Senator Ryan)
SHEET 1248
(1) Schedule 1, page 4 (after line 15), after item 5, insert:
5A Section 5 (after paragraph (d) of the definition of Northern Australia )
Insert:
(da) the Territory of Christmas Island;
(db) the Territory of Cocos (Keeling) Islands;
(2) Schedule 1, page 4 (after line 19), after item 6, insert:
6A Section 5 (paragraph (f) of the definition of Northern Australia )
Omit "paragraphs (a) to (d)", substitute "paragraphs (a) to (db)".
_____
SHEET 1273
(1) Schedule 1, page 8 (before line 15), before item 22, insert:
21B After section 10
Insert:
10A Matters covered by Investment Mandate—portfolio benchmark return
(1) Without limiting section 10, the Investment Mandate must include directions that require the Facility to apply a portfolio benchmark return in relation to decisions to provide financial assistance.
(2) The portfolio benchmark return must only be applied to for-profit projects.
(3) The portfolio benchmark return must be applied together with any directions included in the Investment Mandate relating to risk.
(4) The portfolio benchmark return must:
(a) include a target rate of return that is an average return over the medium to long term, of at least the sum of the five-year Australian Government bond rate and 3% per annum; and
(b) be calculated before operating expenses; and
(c) be calculated with reference to the performance of for-profit projects individually and in aggregate.
The Senate divided. [14:36]
(The President—Senator Ryan)
(2) Schedule 1, item 25, page 8 (line 29) to page 9 (line 1), to be opposed.
(3) Schedule 1, item 27, page 9 (lines 4 and 5), to be opposed.
(4) Schedule 1, item 42, page 10 (lines 15 to 24), to be opposed.
The Senate divided. [14:40]
(The President—Senator Ryan)
SHEET 1268
(1) Schedule 1, item 11, page 6 (after line 23), after subsection 7(1B), insert:
(1BA) The Facility must not provide financial assistance in the form of equity investments under subsection (1A) to an entity other than:
(i) a corporation formed under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ;or
(ii) a small business entity (within the meaning of the Income Tax Assessment Act 1997 ).
_____
SHEET 1278
(1) Schedule 1, page 8 (after line 14), after item 21, insert:
21A After section 10
Insert:
10A Matters covered by Investment Mandate—ecological integrity
(1) The Investment Mandate must include directions that require the Facility not to give financial assistance in relation to projects that have the potential to damage the ecological integrity of protected areas or pastoral leases managed for conservation.
(2) Subsection (1) does not limit section 10.
_____
SHEET 1280
(1) Schedule 1, page 4 (after line 4), after item 4, insert:
4A Section 5
Before "In this Act", insert "(1)".
(2) Schedule 1, item 7, page 4 (before line 22), before the definition of responsible Ministers , insert:
principles of ecologically sustainable development has the meaning given by subsection (2).
(3) Schedule 1, page 4 (after line 27), after item 7, insert:
7A At the end of section 5
Insert:
(2) The following principles are principles of ecologically sustainable development :
(a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter‑generational equity—that the present generation should ensure that the health, biodiversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.
(4) Schedule 1, items 20 and 21, page 8 (lines 7 to 14), omit the items, substitute:
20 Section 10
Repeal the section, substitute:
10 Matters covered by Investment Mandate
The Investment Mandate:
(a) must include a direction that the Facility must have regard to the principles of ecologically sustainable development when deciding whether to provide financial assistance; and
(b) may include directions about the following:
(i) objectives the Facility is to pursue in providing financial assistance;
(ii) strategies and policies to be followed for the effective performance of the Facility's functions;
(iii) loan characteristics for circumstances in which financial assistance is used to provide or support loans;
(iv) providing financial assistance for purposes other than to provide or support loans;
(v) matters relating to the provision of financial assistance in the form of equity investments, including limits on the amount that may be provided in this form, the rate of return, and the management of risks;
(vi) eligibility criteria for financial assistance;
(vii) risk and return in relation to providing financial assistance;
(viii) any other matters the responsible Ministers think appropriate.
_____
SHEET 1281
(1) Schedule 1, item 11, page 6 (after line 15), after subsection 7(1A), insert:
(1AA) The Facility must not provide financial assistance to entities other than the States and Territories under subsection (1A), except with the agreement of each State or Territory in relation to which that financial assistance is provided.
_____
SHEET 1282
(1) Schedule 1, item 7, page 4 (line 24), omit the definition of Secretary .
_____
SHEET 1287
(1) Schedule 1, page 7 (after line 23), after item 15, insert:
15A At the end of Part 2
Add:
8A Prohibition on assistance for fossil fuel ‑based infrastructure
(1) Financial assistance must not be provided under this Act for the development of fossil fuel‑based infrastructure.
(2) It must be a condition of any grant of financial assistance under this Act that the financial assistance not be used (whether directly or indirectly) for the development of fossil fuel‑based infrastructure.
(3) Without limiting subsection (1), neither the Facility nor a subsidiary of the Facility may invest (whether directly or indirectly, including as a participant in a partnership, trust, joint venture or similar arrangement, through subsidiaries or other investment vehicles, or by any combination of these means) in fossil fuel‑based infrastructure.
(4) In this section:
fossil fuel ‑based infrastructure:
(a) includes fossil fuel‑based electricity generation capacity; and
(b) includes infrastructure relating to extraction, processing, storage and movement of fossil fuels; and
(c) does not include electricity transmission infrastructure.
fossil fuels includes any of the following:
(a) coal;
(b) oil and other petroleum‑based products;
(c) gas;
(d) products, by‑products and wastes from extracting or processing fossils fuels to which paragraphs (a) to (c) apply.
8B Cost ‑benefit analysis to be undertaken
The Facility must not make a decision to provide financial assistance for the development of Northern Australia economic infrastructure unless:
(a) a cost‑benefit analysis has been prepared in relation to the infrastructure; and
(b) the cost‑benefit analysis has been published on the Facility's website for a period of at least 30 days before the decision is made; and
(c) the public has been consulted in relation to the infrastructure; and
(d) regard has been had to any submissions received as result of the consultation.
The Senate divided. [14:43]
(The President—Senator Ryan)
(1) Schedule 1, page 7 (after line 23), after item 15, insert:
15A At the end of Part 2
Add:
8A Prohibition on assistance for new fossil fuel projects
(1) Financial assistance must not be provided under this Act for the development of fossil fuel-based infrastructure associated with a new fossil fuel project.
(2) It must be a condition of any grant of financial assistance under this Act that the financial assistance not be used (whether directly or indirectly) for the development of fossil fuel-based infrastructure associated with a new fossil fuel project.
(3) Without limiting subsection (1), neither the Facility nor a subsidiary of the Facility may invest (whether directly or indirectly, including as a participant in a partnership, trust, joint venture or similar arrangement, through subsidiaries or other investment vehicles, or by any combination of these means) in fossil fuel-based infrastructure associated with a new fossil fuel project.
(4) In this section:
fossil fuel-based infrastructure:
(a) includes fossil fuel-based electricity generation capacity; and
(b) includes infrastructure relating to extraction, processing, storage and movement of fossil fuels; and
(c) does not include electricity transmission infrastructure.
fossil fuels includes any of the following:
(a) coal;
(b) oil and other petroleum-based products;
(c) gas;
(d) products, by-products and wastes from extracting or processing fossils fuels to which paragraphs (a) to (c) apply.
new fossil fuel project means a project for the development of fossil fuel-based infrastructure that:
(a) receives the relevant authorisation to begin development on or after the commencement of this section; and
(b) is not a project for the further development of existing fossil fuel-based infrastructure.
The Senate divided. [14:48]
(The President—Senator Ryan)
The Senate divided. [14:52]
(The President—Senator Ryan)
The assumption is that every Australian who wants to get two shots of the vaccine will be able to by the end of the year.
That the Senate take note of the answers given by the Minister for Senior Australians and Aged Care Services (Senator Colbeck) to questions without notice asked by Senators Kitching and Gallagher today relating to COVID-19 vaccinations.
That the Senate take note of the answer given by the Minister for Finance (Senator Birmingham) to a question without notice asked by Senator Hanson-Young today relating to climate change.
That the Senate adopt the recommendations in paragraph 1.6 of the Procedure Committee's first report of 2021, proposing that the Senate adopt revised rules for remote participation in Senate proceedings as a temporary order until 2 September 2021.
Environment Protection and Biodiversity Conservation Amendment (Regional Forest Agreements) Bill 2020
That senators be discharged from and appointed to committees as follows:
Autism—Select Committee—
Discharged—Senator Bilyk
Appointed—Senator Marielle Smith
Participating member: Senator Bilyk
Australia as a Technology and Financial Centre—Select Committee—
Discharged—Senator Kitching
Appointed—Senator Marielle Smith
Participating member: Senator Kitching
Corporations and Financial Services—Joint Statutory Committee—
Discharged—Senator Paterson
Appointed—Senator Scarr
Economics Legislation and References Committees—
Discharged—Senator Gallacher
Appointed—Senator Chisholm
Participating member: Senator Gallacher
Education and Employment Legislation and References Committees—
Discharged—Senator O'Sullivan
Appointed—Senator Small
Participating member: Senator O'Sullivan
Electoral Matters—Joint Standing Committee—
Discharged—Senator Chisholm
Appointed—Senator Marielle Smith
Human Rights—Joint Statutory Committee—
Discharged—Senator Henderson
Appointed—Senator Small
Law Enforcement—Joint Statutory Committee—
Discharged—Senator Scarr
Appointed—Senator McLachlan
Migration—Joint Standing Committee—
Discharged—Senator Rennick
Appointed—Senator Small
Parliamentary Library—Joint Standing Committee—
Discharged—Senator Dean Smith
Appointed—Senator McLachlan
Public Accounts and Audit—Joint Statutory Committee—
Discharged—Senator Chandler
Appointed—Senator McLachlan
Public Works—Joint Statutory Committee—
Discharged—Senator McDonald
Appointed—Senator Small
Publications—Standing Committee—
Discharged—Senator Farrell
Appointed—Senator Marielle Smith.
That the Senate take note of the document.
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
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 (2021 Measures No. 2) Bill 2021 primarily amends the Higher Education Support Act 2003 (HESA)and makes minor amendments to theEducation Services for Overseas Act 2000 (ESOS Act).
Schedule 1of the Billamends HESA to expand the Higher Education Loan Program (HELP) to include resident return visa holders who previously held a permanent humanitarian visa. Currently, the travel component of a permanent humanitarian visa ceases after a five-year period. If a permanent humanitarian visa holder travels outside of Australia outside of that timeframe, they must apply for a resident return visa to retain permanent residence in Australia. A former permanent humanitarian visa holder in this situation would no longer be eligible for a HELP loan under HESA, even though, if they had not travelled outside of the travel component of their visa, they would have retained their original visa and eligibility for HELP assistance. The resident return visa is a permanent visa, and permanent visa holders are not generally eligible for HELP.
The very intent of HELP is to make higher education more accessible to students who may not otherwise have access. As a permanent humanitarian visa holder in this situation would have retained their HELP eligibility if they had not travelled outside of their travel facility, this Bill ensures permanent humanitarian visa holders can still access HELP, ensuring continued access to quality tertiary education while they are Australian residents.
Schedule1of the Billalso contains minor technical amendments to improve the clarity and operation of HESA by aligning provisions across all HELP programs for student protection measures, clarifying references to Indigenous languages, streamlining the operation of grant funding, and clarifying grandfathering arrangements.
I turn to the measures in the Bill that amend the ESOS Act. The ESOS Act ensures quality education and training, provides tuition assurance and complements Australia's migration laws.
The ESOS Act amendments arise from the Government's focus to ensure continuity of assistance and quality for overseas students and demonstrates the Government's commitment to good governance and the effective and efficient legislative oversight of Australia's international education sector.
This Bill builds on measures the Morrison government has already put in place to support the international education sector through the effects of the COVID-19 pandemic, including significant regulatory and fee relief that has reduced red tape and simplified the regulatory environment.
In summary, the amendments will continue to protect students, keep providers focussed on meeting their obligations to students and ensure the sustainability of the Overseas Students Tuition Fund.
The ESOS Act provides important protections for students. It ensures rigorous standards are applied to any course delivered to international students, beyond the existing strong domestic regulations. It protects international students' investment in an Australian education and upholds the integrity of the visa system. These requirements will remain. Overseas students will continue to receive these protections.
The measures in this Bill demonstrate the Government's commitment to ensuring higher education in Australia is accessible, affordable and fair and will assure the efficient functioning of HESA, the ESOS Act and the Tuition Protection Service.
I commend the Bill.
That the Senate notes that the 2021-22 Budget:
(a) is yet another marketing exercise that cannot re-brand the mismanagement and missed opportunities that define eight long years of this Liberal-National Government;
(b) should not be measured just on its headline-seeking announcements, but on whether the Morrison Government delivers on them;
(c) is a shameless political fix, rather than the genuine reform needed to make Australia's economy stronger, broader and more sustainable;
(d) risks Australia's recovery rather than securing it;
(e) fails to outline a plan to vaccinate Australians and provide adequate quarantine despite both being critical elements of the nation's economic recovery;
(f) reveals real wages will go backwards, despite the Morrison Government spending almost $100 billion and racking up a record $1 trillion in debt;
(g) does not contain a credible plan to create secure jobs, despite the Morrison Government having overseen record low wages growth and chronically high underemployment for eight long years;
(h) actually cuts infrastructure funding by $3.3 billion after eight long years of the Morrison Government overpromising and underdelivering; and
(i) is a cynical attempt by the Morrison Government to pretend it cares about the issues and Australians it has ignored in the last seven.
After years of the government rebadging skills programs, the dismal failure of last year's headline-grabbing JobMaker scheme, is a reminder of the need to be sceptical about skills announcements. … you'd have to be a foundation member of the Coalition cheer squad to accept this year's promises on apprenticeships and skills will end up being delivered over the forward estimates, given the government's record.
INTRODUCTION
The Leader of the Australian Labor Party, Mr Albanese, grew up in a council house in Camperdown, the only son of a single mum on the disability pension.
He stood before the House of Representatives – and the Australian people - tonight seeking the honour of serving as Prime Minister.
He was able to do that because of sacrifices his mum made, to give him chances she was denied by disadvantage – he will never forget that.
And he was able to do that because good government changed his life.
For him – and for so many people in similar circumstances – the policies and decisions of good government made all the difference.
A good government, building a strong economy and a fair society, opens the door to education, to employment, to decent housing, to proper health care, to a better life.
He lived that as a young man.
And he saw it firsthand as Deputy Prime Minister and Minister for Infrastructure: creating jobs, connecting-up communities, boosting productivity in our cities and our regions.
He understands the value and the power of good government.
And he knows our country needs – and deserves – a good government again.
A government that believes in the potential of the Australian people.
A Prime Minister who shares the values of the Australian people.
A Labor Government that's on their side.
Australians know the last year has been unlike any other in our lifetimes.
And when we look at the devastation and heartbreak still unfolding in parts of the world, it's only natural to feel that things could have been a lot worse here.
Yet when Mr Albanese looks at our country today, he also knows we can do so much better.
So much better than real wages declining over the next 4 years after flatlining over the last 8 years.
So much better than 3 more years of scandal and a government treating taxpayers funds as if they are Liberal Party funds.
So much better than 3 more years of announcements that are never delivered.
And so much better than merely coming back , rather than building back stronger.
This Budget offers a low growth, low productivity and low wage future – and a trillion dollars of debt – is that really the best we can aspire to?
Labor wants Australia to emerge from this crisis stronger, smarter and more self-reliant, with an economic recovery that works for all Australians.
Throughout this pandemic, Australians have given up so much.
Labor's plan is about rewarding and repaying the sacrifices that people have made.
Tonight, Mr Albanese further outlined Labor's alternative policy agenda.
An agenda with 3 guiding principles that will drive Labor in Government.
An economy that delivers for working families. Investing in Australia's future. No one held back and no one left behind.
These 3 principles will drive our plans and policies to secure a better future, improve living standards and promote fairness.
We have a once in a century opportunity to reinvent our economy; to lift wages and make sure they keep rising; to invest in advanced manufacturing and in skills and training with public TAFE at its heart; to provide affordable childcare; to fix aged care; to address the housing crisis; to champion equality for women; and to emerge as a renewable energy superpower.
That's the better future Mr Albanese wants to build for Australia as Prime Minister.
But Tuesday's Budget didn't speak for this country's future - it only told the sorry tale of 8 years of Liberal neglect.
8 YEARS OF LIBERAL NEGLECT
8 years of wasting opportunities – and running from responsibility.
8 years of flat wages and rising costs.
8 years of ignoring problems – and cutting funding from the solutions.
8 years of cushy jobs for Liberal mates – and insecure work for ordinary Australians.
8 years of holding people back – and leaving people behind.
Labor measures the strength of the economy by how it works for people.
So for us, there's a simple test by which we can judge the last 8 years.
And Australians will ask themselves:
Do they feel better off than they did 8 years ago?
Do they feel more secure at work?
When did they last get a wage rise?
Are they finding it easier to pay their bills?
Are they more certain of their future? And importantly, that of their children?
The past 8 years have been very good to this Prime Minister – and his mates.
But has it been good for all Australians?
Because after 8 years in power, this Prime Minister is getting ready to ask the Australian people for 3 more.
When Robert Menzies founded the Liberal Party, he spoke about 'the forgotten people'.
This Liberal Government just wants Australians to forget.
Forget its failures, forget its broken promises, forget all its jobs for its mates.
Make no mistake – the Budget handed down on Tuesday night is not a plan for the next generation - it is a patch-up job for the next election.
Remember that the centrepiece of last year's Budget was Jobmaker, that promised to create 450,000 new jobs.
It fell short – by 449,000.
That's right – not 450,000, just 1,000.
Missed by that much.
Like so much with this Government it was all smirk and mirrors.
This week the chasm between announcement and delivery didn't even make it to Budget night.
Having told Monday's papers that the Budget would provide $10 billion of additional infrastructure investment, the actual Budget papers show a $3.3 billion cut to infrastructure over the next 4 years.
A Government that is all announcement, no delivery.
See for this Prime Minister, the announcement is all about him. Always.
The press conference. The photo opp.
But when it comes to the part that affects Australians, the delivery – he's lost interest.
His only interest at that point, is blaming someone else.
When the black summer of bushfires raged, he said 'I don't hold a hose, mate'.
Now, with our tourism and education industries still locked-away from the world – and with more than 30,000 Australians stranded overseas, he says quarantine is a matter for the states and getting the vaccine isn't a race.
He puts out a press release threatening to put returning Australians in jail and then blames the media for reporting it.
Locked out or locked up – a message no Australian Government should send to our own citizens.
The Prime Minister's constant buck-passing and blame shifting has become a handbrake on our economic recovery.
The strength of our economic recovery is dependent on effective quarantine and vaccinations.
With more than a year to prepare the Government has bungled both.
We should have expanded existing quarantine facilities and built new ones across the country which are fit for purpose and located near medical and other needed support.
For example, Bladin Village outside of Darwin has the potential to house up to 1,000 people and is currently being used to quarantine US Defence personnel.
Australian citizens were promised they would be home by Christmas last year.
We were also told we were at the front of the queue for vaccines, when we in fact have one of the slowest rollouts in the world.
Now the Prime Minister and the Treasurer can't even agree on when Australians will be vaccinated.
Australia should be making mRNA vaccines here.
Our Labor Government will prioritise support for this production through our National Reconstruction Fund.
We believe Australia can be a world- leading pharmaceutical manufacturing hub.
And never again should the health of Australians be put at risk by this government's refusal to invest in manufacturing.
It's not just in his response to vaccinations and quarantine that this Prime Minister has failed the test of leadership.
A once-in-a-generation march by the women of Australia, in pursuit of respect and justice was ignored.
Courageous survivors, shunned and slandered.
A once-in-a-lifetime Statement from the Heart from the first Australians. A clarion call for truth, treaty and a voice.
Delayed – and then dismissed.
A generous statement to advance reconciliation that a Labor Government will embrace and advocate at a referendum.
The government forced into a compensation payout in excess of a billion dollars to the people it hounded through Robodebt.
Yet now preparing for the same program of cuts and harassment for people on the NDIS.
A new spirit of co-operation between unions and business, striving to improve conditions and productivity.
And this government uses it to launch an assault on workers' pay, sick leave and job security.
A new surge of momentum for global action on climate change.
And Australia with nothing to offer.
The Prime Minister literally stuck on mute in front of the world – and a government frozen in time while the world warms around it.
The Liberals offer-up nothing but a showbag budget.
Flashy enough to sell on Tuesday night, falling apart the next day when the reality of falling real wages, vaccination confusion, infrastructure cuts and productivity inertia became apparent.
Nothing built to last.
No real reform, just a series of announcements to overcome political problems of the Government's own making.
AN ECONOMY THAT WORKS FOR YOU
Labor believes that the economy should work for people, not the other way around.
People have endured 8 long years of stagnant wages, growing job insecurity and pressure on family costs like childcare, rent, petrol and groceries.
We know Australians who are counted as 'employed' can't get enough hours to pay the bills, or can't count on regular hours.
We know too many Australians are being exploited or underpaid or subjected to an unsafe environment, hostage to their insecure work.
And we know this government will seek to undermine trade unions at every opportunity.
At the first flicker of economic recovery, this government tried to cut wages and conditions.
Instead of standing up for people being paid as little as $2 an hour, they said enforcing the minimum wage, "was complicated".
Labor's plan for secure jobs includes: writing job security into the Fair Work Act; properly defining casual work; cracking down on the abuse of cowboy labour hire firms to ensure people who do the same job get the same pay; public reporting on the gender pay gap for large companies; and 10 days paid domestic and family violence leave.
And we will make wage theft a crime.
This should have been done. It could have been done.
But the Morrison Government voted to remove it from its own legislation.
An 8 year old government behaved like an 8 year old child and threw a tantrum.
And why was it cranky? Because Labor and the crossbench refused to support the parts of the legislation that would cut pay.
Our approach stands in stark contrast to those opposite who cut penalty rates and who boasted that low wages was "a deliberate design feature of our economic architecture".
Labor knows there is a better way. Boosting wages and lifting productivity is essential for economic growth.
If wages increase, workers will have more to spend in their local small businesses.
If elected Prime Minister, Mr Albanese will always stand up for secure jobs and fair wages.
Last year he outlined Labor's cheaper childcare plan.
Abolishing the cap and increasing the subsidy to lower childcare costs for virtually every family.
The Government dismissed Labor's policy, declared it had already fixed affordability and ridiculed the economic gain from investing in child care.
Now the Government has rushed out a half-baked policy announcement that it says will lower the structural disincentive to work that it used to tell us didn't exist.
What the Treasurer hasn't worked out is that if he performs half a backflip, he falls flat on his face.
That's why the Liberals' new policy will only help one in 4 of the families who will benefit from our plan and the Budget Papers show the workforce participation rate will fall.
Labor's policy will not only deliver support to 4 times the number of families, it will boost the economy substantially and move towards the universal affordable childcare for every family.
This is economic reform that's good for working families, good for our economy and good for children.
INVESTING IN AUSTRALIA'S FUTURE
A Labor Government will invest in Australian industry and our workforce, setting them up for success today, and into the future.
We'll create Jobs and Skills Australia to advise on the future work opportunities and to ensure Australians can benefit from them.
And we will establish a National Reconstruction Fund to transform existing industries and the industries of tomorrow.
We will partner with the private sector, including the superannuation industry to revive our ability to make products and be more self-reliant.
Australia has always produced scientific innovations, but we always haven't been good at commercialising them.
Think wifi, the black box, google maps, the cochlear implant.
Or solar technology.
Not long ago, solar power was seen as a useful novelty.
Good enough to run a pocket calculator but too expensive, too inefficient, too unreliable to power a home or a workplace.
Australians changed that.
Australian researchers and engineers.
Australian scientists and universities.
Australian breakthroughs in solar power reshaped the global energy grid.
Overwhelmingly this led to manufacturing and job creation overseas, not here.
And if we don't get smart, if we don't get serious, if we don't get moving – the same thing is going to happen again.
We mine and produce every element needed to build a lithium battery – the power storage technology of the future.
Labor does not want us to miss out on jobs and investment by sending those materials overseas for another country to manufacture and then importing them back once value has been added.
We want Australia making our own future.
To do that Australians can't be afraid of the future, we have to shape it.
The problem with this government isn't so much that it is stuck in the past, it's that it wants the rest of Australia to go back there and keep it company.
The Liberals abandoned a fibre based National Broadband Network claiming it would cost $29.5 billion.
Then it became $41 billion.
Then 49, then 51, then $57 billion.
Now of course they are having to retrofit back to fibre.
Their love for copper, has cost taxpayers a lot of brass.
Their insistence on looking backward on energy, communications, transport and so much more has driven our capability downward and our costs upward.
Ever since the Liberals drove Holden out of the country, they've run up the white flag on manufacturing and skills and apprentices.
Labor is not going to see us surrender any more jobs and industries - and the communities that depend on them.
An Albanese Labor Government will establish the "Start Up Year" program to help drive innovation and increase links between universities and entrepreneurs.
Start up loans will be offered to students and new graduates with ventures attached to a tertiary institution or designated private accelerator.
This will assist in the identification of opportunities for commercialisation of university research.
The government has proven incapable of developing an energy policy or dealing with climate change.
Positive action on climate change and moving to net zero emissions by 2050 will create jobs, lower energy prices and lower emissions.
And Labor has a plan to help families and communities play their part in achieving this critical target. A plan that will make electric cars more affordable and support the rollout of community batteries.
A Labor Government will create a New Energy apprenticeships program to train 10,000 young people for the energy jobs of the future.
This will support them with up to $10,000 over the course of their apprenticeship.
These 10,000 new apprenticeships will be available in: renewable energy generation; storage and distribution including in emerging technologies such as green hydrogen; energy efficiency upgrades; renewables manufacturing like batteries; and relevant agricultural activities.
The rest of the world has figured this out: cutting pollution means creating jobs.
NO ONE HELD BACK, NO ONE LEFT BEHIND
Every one of us hope to grow old.
More and more of us will live long enough to need extra care in our later years.
But right now that thought fills a lot of Australians with dread.
Our aged pensioners and retirees should have confidence that support will be their for them.
None of us can say we weren't told how to fix the system, with the Royal Commission delivering a comprehensive set of recommendations for change.
The Prime Minister must now explain why he has rejected so many of those important recommendations.
Like the recommendation to require a nurse on duty in nursing homes at all times.
Or support for increasing the appallingly low wages of hard-working aged care staff.
Or why he's opted for fewer hours of care than the Royal Commission recommended, and delivered them much later.
Or why the Government is congratulating itself for funding new homecare places, when it isn't even enough to clear the current waiting list.
A Labor Government will not allow older Australians to grow old alone, deprived of proper care and dignity.
We will not forget the dedicated, mostly female staff who care for our elderly, almost uniformly understaffed and underpaid.
The Morrison Government has not even managed to rollout the vaccine to these workers.
Older Australians were there for us, they have paid their taxes, held communities together, raised their families, served their country in war and in peace.
Older Australians deserve to be respected, to feel safe, to be comforted and treated with the utmost dignity.
This cannot be beyond us.
We can achieve this, we must achieve this. A Labor Government will deliver this.
And a Labor Government will deliver that care by ensuring that every dollar spent in aged care goes to employing a guaranteed minimum level of nurses, assistants and carers and to daily needs like decent food – rather than into the pockets of the more unscrupulous providers.
We also support the Fair Work Commission moving quickly to meaningfully lift the wages of aged care workers.
And we will ensure that dementia care management is core business given that up to 2 in every 3 aged care residents is affected.
The security of a roof over one's head should be available to all Australians.
Young people despair about whether they will ever afford a first home.
Families struggle to meet rent payments and older women are the fastest growing group subject to homelessness.
Mr Albanese is proud to say that Labor in government will create a $10 billion Housing Australia Future Fund, with the annual investment return to build social and affordable housing and create thousands of jobs.
Over the first 5 years this will build around 20,000 social housing properties, places like the home he grew up in.
His home gave so much more than somewhere to sleep. It gave him and his mum pride and dignity and security, and it gave him a future… a future that led him to be standing delivering the budget reply in the House of Representatives tonight.
Labor's housing plan is good for jobs too. This initiative will create over 21,500 jobs each year.
And 1 in 10 construction jobs created will be for apprentices.
Last year 10,000 mums and their children fleeing family violence were turned away from refuges because there wasn't a bed.
Tonight, women's crisis services across Australia will have to tell women fleeing violence they literally have nowhere to house them.
They will sleep in their car.
Or go back to dangerous situations.
Imagine the impact that has on children, on how they feel at school the next day.
Imagine the emotional toll on a mother, desperate to keep her children safe, but unable to offer them more.
This happens each and every day.
We can and we must do better.
That's why 4,000 of the 20,000 social housing properties that we create from this funding will be allocated to women and children experiencing domestic and family violence and older women on low incomes.
We will also provide $100 million for crisis and transitional housing for these women at risk.
We will build 10,000 affordable housing properties for frontline workers – the heroes of the pandemic, those nurses, police, emergency service workers and cleaners that are keeping us safe.
Some of the worst housing standards in the world are endured by our First Nations people. As part of our commitment to Closing the Gap the Fund will provide $200 million for the repair, maintenance and improvements of housing in remote Indigenous communities.
Two weeks after our country stood together on ANZAC Day to declare "Lest we Forget", 1 in 10 of the people who sleep rough on the streets in Sydney tonight, is a veteran.
Australia must do more to care for the brave men and women who have worn our uniform.
This fund will provide $30 million over the first five years to build more housing and fund specialist services for veterans who are either living or at risk of homelessness.
This is a Future Fund that will give more Australians a future.
More than a year ago, the Government received the Respect@Work Report.
Every woman should feel safe in every workplace, including this one.
The report recognised employers responsibility to eliminate sex discrimination, sexual harassment and victimisation from their businesses.
Labor in government will work with experts, employers and unions to make sure this responsibility is clear in our law, as was recommended by the report.
NATIONAL INTEGRITY COMMISSION
The Budget spending was very much focussed on political management of problems the government itself has created over the last 8 years.
Aged care cuts, childcare fee increases, ignoring of women's safety and economic security issues.
Over these 8 long years the Government has focussed on itself, too often treating taxpayers money as if it were the Liberal and National Parties money.
Sports rorts, community safety rorts, abuse of infrastructure and regional funding has grown with each year.
Even bushfire disaster funding was allocated with political bias.
And then $1 billion spent on government advertising promoting themselves.
In Tuesday's Budget it announced or topped up no less than 21 separate slush funds worth $4 billion of taxpayers money to splash around in the leadup to the next election.
In addition there is an extraordinary $9 billion where the only information is "decisions taken but not announced".
This is red hot abuse.
The Liberals can't change.
They won't change.
And they don't want to change.
It's this simple:
If you want to clean-up politics, you need a National Integrity Commission.
And if you want a fair dinkum National Integrity Commission – it will take a Federal Labor Government.
ON YOUR SIDE
None of us will forget this crisis we have lived through.
All of us are grateful that because of the sacrifices and unselfishness of so many, we have avoided the scale of death and trauma we see in other countries.
To the Australian people Mr Albanese says, "you have been magnificent, you have been brave, you have been resolute."
Now the Australian people deserve a government worthy of their efforts.
Because it would be a disaster if we emerge from this crisis having learned nothing – and changed not at all.
What a missed opportunity if our economy comes out the other side with nothing to show for this transformational moment but the biggest debt and deficit of all time.
If Australians see this pandemic as a chance to build back stronger, Labor is on their side.
If Australians believe economic policy should deliver higher wages, Labor is on their side.
If Australians want more security at work, Labor is on their side.
If Australians support equality for women, Labor is on their side.
If Australians support cheaper childcare, Labor is their side.
If Australians believe older people deserve dignity and care in their later years, Labor is on their side.
If Australians believe a roof over their heads is up to more than market forces, Labor is on their side.
If Australians get that action on climate change is an opportunity for our nation to emerge as a renewable energy superpower and create jobs, Labor is on their side.
If Australians share Labor's ambition for advanced manufacturing, high value industries, a world class services sector in a prosperous, outward looking, ambitious country, Labor is on their side.
And if Australians think sharing our continent with the oldest continuous civilisation on earth is a source of national pride and First Nations people should be recognized in our constitution, Labor is on their side.
The Leader of the Australian Labor Party, Mr Albanese, has never forgotten where he came from.
He has never lost sight of the power of government to help people realise their potential.
He has never lost faith in our country's ability to compete and win in the world.
He truly believes this is a moment for Australia to make our own.
What we need now is a government with the plans to seize this chance.
A government driven by optimism about the future.
A government powered by determination to create opportunity.
A government that holds no-one back, that leaves no-one behind.
A Labor government – a government on the side of Australians.
That the Senate take note of the document.