The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Treasury Laws Amendment (More Flexible Superannuation) Bill 2020
The committee divided. [10:06]
(The Chair—Senator Lines)
That the bill be reported.
The committee divided. [10:44]
(The Chair—Senator Lines)
SHEET 8997
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 3 (after line 9), at the end of the Bill, add:
Schedule 3—Re ‑contribution of COVID ‑19 early release superannuation amounts
Income Tax Assessment Act 1997
1 Subsection 290 ‑150(2)
After "290‑168", insert ", 290‑169".
2 After section 290 ‑168
Insert:
290 ‑169 Contribution must not be a COVID ‑19 re ‑contribution
You cannot deduct the contribution if it is a contribution that is covered under section 292‑103 (about COVID‑19 re‑contributions).
3 After subparagraph 292 ‑90(2 )( c )( iiia)
Insert:
(iiib) a contribution covered by section 292‑103 (COVID‑19 re‑contributions);
4 After section 292 ‑102
Insert:
292 ‑103 COVID ‑19 re ‑contributions
(1) A contribution is covered by this section if:
(a) the contribution is made by you to a *complying superannuation plan in respect of you in a *financial year; and
(b) the contribution is made in the financial year beginning on 1 July 2021, or a later financial year ending on or before 30 June 2030; and
(c) one or more amounts (the COVID ‑19 early release amounts ) have been paid to you from a complying superannuation plan, in either or both of the financial years beginning on 1 July 2019 or 1 July 2020, because you satisfied:
(i) a condition of release specified in item 107A or 207AA of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 ; or
(ii) a condition of release specified in item 109AA of the table in Schedule 2 to the Retirement Savings Accounts Regulations 1997 ; and
(d) the amount of the contribution is not more than the total of your COVID‑19 early release amounts; and
(e) if you made one or more previous contributions covered by this section—the sum of:
(i) the amount of the contribution; and
(ii) the amounts of those previous contributions;
is not more than the total of your COVID‑19 early release amounts; and
(f) you choose, in accordance with subsection (2), to apply this section to the contribution.
(2) To make a choice for the purposes of paragraph (1) (f), you must:
(a) make the choice in the *approved form; and
(b) give it to the *superannuation provider in relation to the *complying superannuation plan on or before the time when the contribution is made.
_____
SHEET 1005 REVISED 2
(1) Clause 2, page 2 (table item 2, column headed "Provisions"), omit "Schedule 1", substitute "Schedules 1 and 2".
(2) Page 3 (after line 9), at the end of the Bill, add:
Schedule 2—Excess concessional contributions
Part 1—Amendments
Income Tax Assessment Act 1997
1 Section 26-74
Repeal the section.
2 Section 291-1 (note)
Omit "about a charge you may be liable to pay, and".
3 Section 291-15 (note 2)
Repeal the note.
4 Subsection 995-1(1) (definition of excess concessional contributions charge )
Repeal the definition.
Taxation Administration Act 1953
5 Subsection 8AAB(4) (table item 44Q)
Repeal the item.
6 Division 95 in Schedule 1
Repeal the Division.
7 Section 97-1 in Schedule 1
Omit "and any excess concessional contributions charge".
8 Section 97-5 in Schedule 1 (heading)
Omit "and charge".
9 Section 97-5(1) in Schedule 1
Repeal the subsection, substitute:
(1) If you have *excess concessional contributions for a *financial year, the Commissioner must make a written determination stating the amount of those excess concessional contributions.
10 Subsection 250-10(2) in Schedule 1 (table item 37AD)
Repeal the item.
11 Subsection 250-10(2) in Schedule 1 (table item 135Q)
Repeal the item.
12 Subsection 280-100(4) in Schedule 1
Repeal the subsection.
Part 2—Repeal
Superannuation (Excess Concessional Contributions Charge) Act 2013
13 The whole of the Act
Repeal the Act.
Part 3—Application
14 Application
The amendments made by this Schedule apply in relation to excess concessional contributions for a financial year starting on or after 1 July 2021.
The committee divided. [10:55)
(The Chair—Senator Lines)
That this bill now be read a third time.
The Senate divided. [11:04]
(The President—Senator Ryan)
Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2020
The Senate divided. [11:08]
(The President—Senator Ryan)
(1) Page 2 (after line 12), after clause 3, add:
4 Review of operation of amendments
(1) The Minister must cause a review to be conducted of the operation of the amendments made by this Act.
(2) Without limiting subsection (1), the review must consider:
(a) the conduct of financial advisers and trustees; and
(b) self managed superannuation fund investment performance and governance.
(3) The review must start as soon as practicable after the end of 12 months after this Act commences.
(4) The Minister must cause a written report of the review to be prepared within 6 months of the commencement of the review.
(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(6) In this section, Minister means the Minister administering the Superannuation Industry (Supervision) Act 1993.
… we don't believe the Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2000 … will make a meaningful contribution to delivering better member outcomes in an environment where barriers to accessing un-conflicted financial advice persist.
The committee divided. [11:21]
(The Chair—Senator Lines)
That this bill be now read a third time.
Treasury Laws Amendment (Your Future, Your Super) Bill 2021
PM122—T reasury Laws Amendment (Your Future, Your Super) Bill 2021
(1) Schedule 1, item 17, page 8 (line 14), omit "1 July 2021", substitute "1 November 2021".
(2) Schedule 1, item 17, page 8 (line 15), omit "1 July 2021", substitute "1 November 2021".
(3) Schedule 1, item 24, page 10 (line 26), omit "1 July 2021", substitute "1 November 2021".
(4) Schedule 2, item 9, page 17 (lines 31 and 32), omit "are met for that class of Part 6A product", substitute "for that class of Part 6A product are met for the Part 6A product".
(5) Schedule 3, item 3, page 29 (lines 8 to 10), to be opposed.
QJ145—T reasury Laws Amendment (Your Future, Your Super) Bill 2021
(3) Schedule 3, item 20, page 32 (lines 17 and 18), omit subsection 220A(3).
(1) Schedule 3, item 10, page 30 (lines 17 to 19), to be opposed.
(2) Schedule 3, item 14, page 31 (lines 7 to 9), to be opposed.
(1) Clause 2, page 2 (table item 6), omit the table item.
(2) Schedule 3, page 29 (line 1) to page 34 (line 17), to be opposed.
(1) Schedule 1, item 17, page 8 (line 14), omit "1 July 2021", substitute "1 July 2022".
(2) Schedule 1, item 17, page 8 (line 15), omit "1 July 2021", substitute "1 July 2022".
(3) Schedule 1, item 24, page 10 (line 26), omit "1 July 2021", substitute "1 July 2022".
(4) Schedule 2, item 9, page 17 (after line 1), after paragraph 60B(a), insert:
(aa) a choice product; or
(5) Schedule 2, item 9, page 18 (after line 9), after subsection 60D(2), insert:
(2A) Regulations made for the purposes of subsection (1) must specify requirements that ensure that administration fees and expenses are taken into account in assessing the performance of Part 6A products and in comparing and benchmarking performance.
(6) Schedule 2, item 9, page 26 (lines 18 and 19), omit ", to the extent that it relates to Part 6A products that are MySuper products,".
(7) Schedule 2, item 10, page 27 (lines 3 to 9), omit subitem (1), substitute:
(1) Subject to subitem (2), the amendments made by this Schedule apply in relation to Part 6A products on and after 1 July 2023.
The committee divided. [11:50]
(The Chair—Senator Lines)
The committee divided. [11:54]
(The Chair—Senator Lines)
SHEET 1308
(19) Schedule 3, item 6, page 30 (line 1), subsection 34(2B) to be opposed.
(20) Schedule 3, item 20, page 31 (line 26) to page 32 (line 18), to be opposed.
(21) Schedule 3, item 22, page 33 (lines 22 to 28), to be opposed.
SHEET 1324
(1) Schedule 3, item 3, page 29 (lines 8 to 10), to be opposed.
(2) Schedule 3, item 10, page 30 (lines 17 to 19), to be opposed.
(3) Schedule 3, item 14, page 31 (lines 7 to 9), to be opposed.
The committee divided. [11:58]
(The Chair—Senator Lines)
(1) Schedule 1, item 1, page 4 (after line 5), insert:
emergency services worker has the same meaning as in the Work Health and Safety Act 2011.
excluded occupation : see subsection 32S(1).
front-line health worker : see subsection 32S(2).
health professional means a person who, under a law of a State or Territory, is registered or licensed as a member of any health profession.
(2) Schedule 1, item 17, page 8 (line 14), omit "1 July 2021", substitute "1 July 2022".
(3) Schedule 1, item 17, page 8 (line 15), omit "1 July 2021", substitute "1 July 2022".
(4) Schedule 1, item 18, page 8 (lines 19 to 22), omit section 32Q, substitute:
32Q What is the stapled fund for an employee
A fund is the stapled fund , for an employee at a particular time in a financial year, if all of the following requirements are met at that time:
(a) the employee is not employed in an excluded occupation;
(b) APRA has made a determination under section 60C of the Superannuation Industry (Supervision) Act 1993 in relation to the previous financial year for each Part 6A product (within the meaning of that Act) that, at that time, is:
(i) offered by the fund; and
(ii) held by the employee;
(c) the determination is that the requirements of subsection 60D(1) of that Act are met in relation to that previous financial year for each of those products;
(d) any requirements prescribed by the regulations for the purposes of this section are met in relation to the fund.
(5) Schedule 1, item 18, page 9 (after line 22), at the end of section 32R, add:
(4) Without limiting subsection (3), the Commissioner must, under that subsection, change an earlier notification given in relation to the employee if:
(a) the earlier notification was that the Commissioner was satisfied that there was a stapled fund for the employee; and
(b) because of a notification given to the Commissioner by APRA under section 60CA of the Superannuation Industry (Supervision) Act 1993, the Commissioner is no longer satisfied that the fund is a stapled fund for the employee.
(6) Schedule 1, item 18, page 9 (after line 22), at the end of Division 7, add:
32S Excluded occupations
(1) An employee is employed in an excluded occupation if the employee is employed:
(a) in an occupation that the Australian Government Actuary has certified:
(i) based on rates of death, or death and total and permanent disability; and
(ii) using information from the most recent 5 years in relation to Australian occupations;
is in the riskiest quintile of Australian occupations; or
(b) as an emergency services worker; or
(c) as a front-line health worker.
Meaning of front-line health worker
(2) A person is employed as a front-line health worker if:
(a) the person is employed as health professional; or
(b) the person is employed for the purposes of providing supports or services to people with disability under the National Disability Insurance Scheme; or
(c) the person's principal place of work is:
(i) a hospital; or
(ii) a surgery; or
(iii) a health clinic; or
(iv) a residential aged care facility; or
(v) the place of business of another business that provides health or disability services.
(7) Schedule 1, item 24, page 10 (line 26), omit "1 July 2021", substitute "1 July 2022".
(8) Schedule 2, item 5, page 15 (after line 2), insert:
defined benefit interest has the meaning given by the regulations.
(9) Schedule 2, item 9, page 16 (line 30) to page 17 (line 4), omit section 60B, substitute:
60B Meaning of Part 6A product
A Part 6A product is any class of beneficial interest in a regulated superannuation fund, other than a defined benefit interest.
(10) Schedule 2, item 9, page 17 (after line 23), after section 60C, insert:
60CA APRA to notify Commissioner of Taxation of fail assessment
(1) This section applies if:
(a) APRA gives the trustee or trustees of an entity a notification of a determination under subsection 60C(2); and
(b) the determination is that the requirement in subsection 60D(1) has not been met, for a Part 6A product offered by the entity, in relation to a financial year.
(2) APRA must notify the Commissioner of Taxation in writing of the fact mentioned in paragraph (1)(b) of this section.
(11) Schedule 2, item 9, page 17 (line 25) to page 18 (line 3), omit subsection 60D(1), substitute:
Meeting requirements specified in regulations
(1) The requirement in this subsection is met for a Part 6A product in relation to a financial year if:
(a) the regulations specify requirements, for the purposes of this subsection, in relation to a class of Part 6A products that include that Part 6A product; and
(b) those requirements are met for that Part 6A product in relation to the financial year.
(12) Schedule 2, item 9, page 18 (after line 9), after subsection 60D(2), insert:
(2A) Regulations made for the purposes of subsection (1) must specify requirements that ensure that, for annual performance assessments conducted under this Part, the assessment of the past performance of a Part 6A product offered by a fund covers the shorter of the following periods:
(a) the period of 10 years; or
(b) the period for which the performance of the Part 6A product offered by a fund can be assessed, including any period where a product, that was the direct predecessor of the Part 6A product, was offered by the fund.
(13) Schedule 2, item 9, page 18 (line 11), omit fees and/or.
(14) Schedule 2, item 9, page 20 (after line 12), at the end of section 60D, add:
Fees
(14) Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must have regard to the impact of fees on Part 6A products.
(15) The investment returns mentioned in paragraph (2)(a) must be net of fees.
(15) Schedule 2, item 9, page 26 (after line 16), after subsection 60J(3), insert:
(3A) Methods under paragraph (1)(a) must include methods for ranking Part 6A products according to long-term investment returns.
(3B) For the purposes of subsection (3A), long-term means 10 years or longer.
(16) Schedule 2, item 10, page 27 (lines 6 to 8), omit "identified by regulations made for the purposes of paragraph 60B(b) of the Superannuation Industry (Supervision) Act 1993".
(17) Schedule 3, item 5, page 29 (lines 11 to 15), to be opposed.
(18) Schedule 3, item 6, page 29 (after line 23), after subsection 34(2A), insert:
(2AA) Subsection (2A) does not apply to the extent that the standards relate to keeping or retaining records in relation to a non-material matter.
(2AB) For the purposes of subsection (2AA), a non-material matter includes a payment or investment made:
(a) by or on behalf of the superannuation entity; and
(b) that a reasonable person would not expect to impact materially the financial interests of the beneficiaries of the entity.
(1) Schedule 3, item 11, page 30 (after line 26), after subsection 52(3A), insert:
Payments and arrangements to which best financial interests obligations apply
(3B) Without limiting paragraph (2)(c), the obligations of the trustee under that paragraph apply in relation to the following payments made, or arrangements entered into, by or on behalf of the entity:
(a) a payment to the trustee from the assets of the entity;
(b) an arrangement between the trustee, or a connected entity of the trustee, and a third party (including a connected entity of the trustee) that is an arrangement relating wholly or partly to the entity;
(c) a payment to a third party by or on behalf of the trustee, or a connected entity of the trustee, that is a payment relating wholly or partly to the entity.
(3C) For the purposes of subsection (3B):
(a) a payment includes:
(i) a payment in the form of a fee, charge, remuneration, dividend, expense, reimbursement or indemnity; and
(ii) a payment to an adviser, agent, delegate, custodian, administrator, manager or other appointee of the trustee or entity; and
(iii) a payment authorised by a beneficiary; and
(b) an arrangement includes:
(i) an arrangement to provide insured benefits in respect of beneficiaries; and
(ii) an arrangement to provide services to, or on behalf of, the trustee in relation to the entity; and
(iii) an arrangement for the payment of amounts out of the assets of the entity to any other party.
(2) Schedule 3, item 15, page 31 (after line 16), after subsection 52A(2A), insert:
Payments and arrangements to which best financial interests obligations apply
(2B) Without limiting paragraph (2)(c), the obligations of the director under that paragraph apply in relation to the following payments made, or arrangements entered into, by or on behalf of the corporate trustee or the entity:
(a) a payment to the director or the corporate trustee from the assets of the entity;
(b) an arrangement between the director or the corporate trustee (or an associate of the director or corporate trustee) and a third party that is an arrangement relating wholly or partly to the entity;
(c) a payment to a third party by or on behalf of the director or the corporate trustee (or an associate of the director or corporate trustee), that is a payment relating wholly or partly to the entity.
(2C) For the purposes of subsection (2B):
(a) a payment includes:
(i) a payment in the form of a fee, charge, remuneration, dividend, expense, reimbursement or indemnity; and
(ii) a payment to an adviser, agent, delegate, custodian, administrator, manager or other appointee of the director, corporate trustee or entity; and
(iii) a payment authorised by a beneficiary; and
(b) an arrangement includes:
(i) an arrangement to provide insured benefits in respect of beneficiaries; and
(ii) an arrangement to provide services to, or on behalf of, the director or corporate trustee in relation to the entity; and
(iii) an arrangement for the payment of amounts out of the assets of the entity to any other party.
(1) Clause 2, page 2 (table items 2 and 3), omit the table items, substitute:
2. Schedule 1 1 July 2022. 1 July 2022
3. Schedule 2,
Parts 1 and 2 1 July 2022. 1 July 2022
(2) Clause 2, page 2 (table item 6), omit the table item, substitute:
6. Schedule 3 1 July 2022. 1 July 2022
(3) Schedule 1, item 17, page 8 (line 14), omit "1 July 2021", substitute "1 July 2022".
(4) Schedule 1, item 17, page 8 (line 15), omit "1 July 2021", substitute "1 July 2022".
(5) Schedule 1, item 24, page 10 (line 26), omit "1 July 2021", substitute "1 July 2022".
(6) Schedule 2, item 10, page 27 (lines 3 to 9), omit subitem (1), substitute:
(1) Subject to subitem (2), the amendments made by this Schedule apply in relation to Part 6A products on and after 1 July 2022.
(7) Schedule 3, item 24, page 34 (line 15), omit "31 December 2021", substitute "31 December 2022".
The committee divided. [12:02]
(The Chair—Senator Lines)
(1) Schedule 1, item 18, page 8 (lines 19 to 22), omit section 32Q, substitute:
32Q What is the stapled fund for an employee
(1) A fund is the stapled fund for an employee at a particular time, if at that time:
(a) the employee is not employed in a dangerous occupation; and
(b) no fail assessments have been given in the previous 12 months in relation to any Part 6A products offered by the fund and held by the employee; and
(c) the requirements prescribed by the regulations for the purposes of this section are met.
(2) In this section:
dangerous occupation means an occupation:
(a) that the Australian Government Actuary has certified that:
(i) based on rates of death, or death and total and permanent disability; and
(ii) using information from the most recent 5 years in relation to Australian occupations;
is in the riskiest quintile of Australian occupations; or
(b) as an emergency services worker (as defined for the purposes of the Work Health and Safety Act 2011).
fail assessment , in relation to a Part 6A product offered by a fund, means a notification:
(a) given by the Australian Prudential Regulation Authority to the Commissioner under subsection 60C(3) of the Superannuation Industry (Supervision) Act 1993 ; and
(b) of a determination that the requirement in subsection 60D(1) of that Act has not been met for the Part 6A product offered by the fund.
Part 6A product has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
(2) Schedule 2, item 9, page 17 (line 12), after "APRA must give", insert "the Commissioner of Taxation and".
(3) Schedule 2, Part 1, page 26 (after line 33), at the end of the Part, add:
Taxation Administration Act 1953
9A Paragraph 390 ‑5(9) (b) of Schedule 1
After "the *value", insert "and class".
The committee divided. [12:09]
(The Chair—Senator Lines)
The Senate divided. [12:17]
(The President—Senator Ryan)
SELECTION OF BILLS COMMITTEE
REPORT NO. 6 OF 2021
1. The committee met in private session on Wednesday, 16 June 2021 at 7.20 pm.
2. The committee recommends that—
(a) the Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 December 2021 (see appendix 1 for a statement of reasons for referral); and
(b) the provisions of the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 22 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:
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021
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 bills but were unable to reach agreement:
Fuel Security (Consequential and Transitional Provisions) Bill 2021
(Dean Smith)
Chair
17 June 2021
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill: Constitutional Alteration (Freedom of Expression and Freedom of the Press) 2019
Reasons for referral/principal issues for consideration:
Renewed importance in the light of the judgement by Justice Steward regarding the freedom of expression in the High Court of Australia's decision in the matter of LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 of 16 June 2021 at 249.
Possible submissions or evidence from:
Media organisations, journalists, civil liberty groups, constitutional experts and legal organisations or bodies, persons concerned with the reduction of freedom of speech.
Committee to which bill is to be referred:
Senate Standing Committee on Legal and Constitutional Affairs
Possible hearing date(s):
As decided by Committee
Possible reporting date:
As decided by Committee, before 31 December 2021
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021
Reasons for referral/principal issues for consideration:
Need for consultation with the sector.
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Community Affairs Legislation Committee
Possible hearing date(s):
To be determined by the Committee
Possible reporting date:
22 July 2021
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
National Disability Insurance Scheme Amendment (improving Supports for At Risk Participants) Bill 2021
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Community Affairs
Possible hearing date(s):
July — August — September
Possible reporting date:
August — September
That the report be adopted.
At the end of the motion, add "and the Ministerial Suitability Commission of Inquiry Bill 2021 not be referred to a committee".
At the end of the motion, add:
"and, in respect of the Ministerial Suitability Commission of Inquiry Bill 2021, the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 August 2021."
The Senate divided. [12:36]
(The President—Senator Ryan)
The Senate divided. [12:39]
(The President—Senator Ryan)
At the end of the motion, add "and the following bills not be referred to committees:
(a) Fuel Security Bill 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021; and
(b) Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021".
At the end of the motion, add:
"but, in respect of the provisions of the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021, the Community Affairs Legislation Committee report by 12 August 2021."
That—
(a) government business orders of the day as shown on today's Order of Business be considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today;
(c) general business notice of motion no. 1144 be considered during general business today; and
(d) the following private senators' bills be considered on Monday, 21 June 2021:
Migration Amendment (New Maritime Crew Visas) Bill 2020
COAG Reform Fund Amendment (No Electric Vehicle Taxes) Bill 2020
Snowy Hydro Corporatisation Amendment (No New Fossil Fuels) Bill 2021 [No. 2].
That leave of absence be granted to Senator Askew for today for medical reasons.
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
That this bill be now read a third time.
Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Bill 2021
That this bill be now read a third time.
Higher Education Support Amendment (Extending the Student Loan Fee Exemption) Bill 2021
That this bill be now read a third time.
Medical and Midwife Indemnity Legislation Amendment 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 am pleased to introduce the Medical and Midwife Indemnity Legislation Amendment Bill 2021. This Bill amends the Medical Indemnity Act 2002 and theMidwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 to expand eligibility for claims against privately practising midwives under the Commonwealth's medical and midwife indemnity schemes.
Specifically, this Bill amends the Medical Indemnity Act 2002 to ensure that claims made against midwives in private practice whose registration is not endorsed by the Nursing and Midwifery Board of Australia to prescribe scheduled medicines (registered only midwives) and covered under their own insurance contract are now eligible under the Allied Health High Costs Claims Scheme and Allied Health Exceptional Claims Scheme, where the claim relates to incidents that occurred on or from 1 July 2020.
This change will ensure that the medical indemnity legislation reflects the Commonwealth's policy that all registered only midwives have coverage under the Allied Health Schemes since its commencement on 1 July 2020, ensuring parity of arrangements for all other registered allied health professionals eligible under the Allied Health Schemes.
This Bill also amends the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 to expand the Midwife Professional Indemnity Scheme and the Midwife Professional Indemnity Run-off Cover Scheme, otherwise known as the Midwife Schemes, to remove criteria relating to the employment arrangements of midwives that have resulted in certain privately practising midwives being excluded from the Midwife Schemes.
Importantly, this amendment will enable key Aboriginal Community Controlled Health Services to choose to access professional indemnity insurance for their employed midwives who have been endorsed by the Nursing and Midwifery Board of Australia to prescribe scheduled medicines.
This means that employed endorsed midwives, including those employed by Aboriginal and Community Controlled Health Services will be eligible for indemnity coverage under the Midwife Schemes if they enter into policies with the eligible insurer under these Schemes.
Without this change, these employed endorsed midwives would not have been eligible for the Midwife Schemes, which provide capped premiums (and have not been increased since the Scheme's inception 11 years ago) and access to the Midwife Professional Indemnity Run-off Cover Scheme, that provides free cover for midwives who permanently retire from private practice.
These changes support an employed endorsed midwife's choice about whether or not to participate in the Midwife Professional Indemnity Scheme or remain under the Allied Health Schemes. This flexibility in arrangements supports midwives to work in a variety of different engagements, without their indemnity insurance being a barrier.
This Bill also provides certainty to insurers of the Commonwealth's ongoing commitment to subsidise the costs associated with medical negligence claims against privately practising midwives, further incentivising insurers to provide professional indemnity insurance to midwives in private practice. The Bill has been developed in consultation with key medical indemnity insurers currently participating in the Commonwealth's medical and midwife indemnity schemes and the Australian College of Midwives.
Amendments made by this Bill will mean that all privately practising midwives can access one of the Commonwealth's medical or midwife indemnity schemes. This supports the principle that women are the centre of maternity care and that they should have access to a wide range of birthing choices. Importantly this Bill provides certainty to our midwives to continue their important roles of supporting women in their birthing journey with the knowledge that they will have access to Commonwealth subsidised indemnity schemes if needed.
That this bill be now read a third time.
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
That this bill be now read a third time.
Private Health Insurance Amendment (Income Thresholds) Bill 2021
That this bill be now read a third time.
Social Services Legislation Amendment (Portability Extensions) 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.
This Bill amends the Social Security Act 1991 to provide greater flexibility in the portability rules for pensions to assist Australian pensioners who travel to or from Australia and are affected by unforeseeable circumstances beyond their control.
Normally, pensioners can travel overseas for an indefinite period and continue to receive their pension. However, after 26 weeks overseas, their rate of pension is recalculated based on their Australian Working Life Residence (AWLR). Generally, 35 years AWLR is required to maintain the full basic rate of pension. After 26 weeks, those who have less than 35 years AWLR will receive a proportional rate based on their AWLR. Supplements, such as Rent Assistance, also cease after 26 weeks.
Currently there is no discretion in the legislation to extend this 26 week period if a pensioner goes overseas and is unable, due to reasons beyond their control, to return home as planned.
This Bill will provide a permanent discretionary power to grant pensioners a portability extension if they are temporarily overseas and affected by emergency circumstances, such as accident, illness, natural disaster or public health crisis. This extension ensures their rate is not reduced after 26 weeks.
The proposed changes will also allow pensioners grandfathered under previous portability changes in 2000 and 2014 to apply for a portability extension if they ordinarily live overseas but temporarily return to Australia and are unable to return home due unforeseen emergency circumstances. The extension ensures they can maintain their grandfathered portability entitlements.
Last year, the Government introduced temporary arrangements to enable pensioners stuck overseas or in Australia due to COVID-19 to be granted portability extensions. This Bill builds on these arrangements by maintaining the discretion to provide extensions and expanding the range of allowable circumstances in which an extension can be granted.
This Bill will also benefit those pensioners each year who travel overseas temporarily and subsequently are away from home due to unforeseen emergency circumstances beyond their control, such as accident, illness, natural disaster or a future pandemic.
That this bill be now read a third time.
Sydney Harbour Federation Trust Amendment Bill 2021
Labor supports the imperative to deliver greater emphasis and recognition of the very significant First Nations cultural heritage contained in the site.
Sydney Harbour is a national asset … a precious resource, not a plaything for corporate interests.
There is such a gentleness about Sydney Harbour, such a softness. There are important parts in the river systems that surround our Sydney that are still in near pristine state. It hurts you when you see the scars inflicted by insensitive developers. The harbour is more than a jewel—it is Sydney's heart.
That this bill be now read a third time.
Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
The objects of the Bill are "to improve online safety for Australians" and "to promote online safety for Australians." Censorship of consensual adult material does not improve online safety for Australians. The online content scheme in Part 9 of the Bill appears to be an attempt to implement a classification-based censorship scheme, which is incongruous with the Bill's objectives and entirely unrelated to protecting Australians from online abuse.… … …
We applaud the work of the eSafety Commissioner in providing online safety advice and support for the LGBTIQ+ community, including being out online and dealing with image-based abuse. In this regard, it should be noted that the United States Gay and Lesbian Alliance Against Defamation is developing a Social Media Safety Index to rate social media companies on how well they protect LGBTQ people from abuse. Whilst we strongly support reforms to improve and promote online safety, on the basis of the foregoing, we recommend that Part 9 of the Bill be deleted in its entirety. The issues raised herein should be addressed through the ongoing Review of Australian Classification Regulation.
The trouble is whether content is "likely to cause offence to a reasonable adult".
That's pretty subjective and you can see how it favours majority groups. When asked, Communications Minister Paul Fletcher singled out fetishes like bondage, fisting and watersports as offensive. Not everyone's cup of tea, sure, but two guesses which community he has in mind.
The commissioner's broad powers and the Bill's regressive definition of "adult content" put LGBTQ rights and visibility at enormous risk of coordinated attacks. In a country prone to moral panics about anti-bullying programs and trans kids, this is hardly speculative.
The current eSafety commissioner has said that she won't use these powers to persecute sex workers (and, one would hope, queer people). However, it doesn't really matter what she plans to do; the point is that they don't need these powers in the first place.
It's dangerous to make laws as if they'll only ever be used by people currently in office. A future administration could appoint an anti-sex work crusader or career homophobe who would use these powers with malicious intent at any time.
From competent lawmakers, we'd expect to see safeguards, sunset clauses and built-in appeals processes. Instead, we've seen a sweeping set of powers rushed into Parliament a week after consultation closed, ignoring many of the 370 public submissions.
The effect of these provisions is that any sexually explicit content will be subject to unilateral removal from Australian internet hosting service providers. This unfairly and unreasonably targets legal and consensual media for arbitrary removal. If taken to its logical conclusion, the Bill will attempt to censor any online media depicting any sexual activity between consenting adults.
We have significant concerns, however, with the way the Bill frames online harm and safety, and with the way it fails to consider the impact of action taken under the Bill on sex worker safety, both online and in real life. We urge consideration of the 'chilling effect' likely to result from the intersection of the Online Content Scheme and the Basic Online Safety Expectations, for which there is already significant precedent in similar legislation (FOSTA-SESTA) in the United States.
By positioning all sexual content as potentially damaging to and giving the eSafety Commissioner power to investigate at will and issue notices as they 'think fit', the Bill fails to differentiate between actual harm and a subjective, moralistic construction of harm. The Bill does not define harm itself, nor does it create a provable threshold of harm that can be used in the Commissioner's decision-making processes. In concentrating power in a single un-elected office, it silos power and control over perceiving and acting upon harm in a way that lacks transparency or accountability to the Australian public or connection to the intersectional Australian community.
For those aged 60 years and above, the individual benefits of receiving a COVID-19 vaccine are greater than in younger people.
That the Senate take note of the answer given by the Minister for Senior Australians and Aged Care Services (Senator Colbeck) to a question without notice asked by the Leader of the Opposition in the Senate (Senator Wong) today relating to the COVID-19 vaccination program.
… in terms of the vaccines that are available at this point, the Commonwealth has made AstraZeneca available on the medical advice for those that are over 50 …
… supply dictates the rollout, and we've provided advice on all of the confirmed supply that we have … So we obviously have very clear line of sight with regards to AstraZeneca. The states and territories have ample volumes of AstraZeneca.
That the Senate take note of the answer given by the Minister for Families and Social Services (Senator Ruston) to a question without notice asked by Senator Whish-Wilson today relating to climate change.
That the Senate adopt the recommendation in paragraph 1.2 of the report.
That the Senate take note of the report.
Inconsistent due diligence checks of suppliers impacted on procurement effectiveness and record keeping could have been improved.
In the absence of risk-based planning and systems that sufficiently considered the likely ways in which the NMS would be needed during a pandemic, Health adapted its processes during the COVID-19 emergency to deploy NMS supplies.
Large quantities of PPE were deployed to eligible recipients. Due to a lack of performance measures, targets and data, the effectiveness of COVID-19 NMS deployments cannot be established.
14. Record keeping for the procurements was partially fit for purpose, which impeded review and transparency. Public reporting of the procurements complied with requirements.
15. Health's deployment planning was partially effective … risks to effective deployment in a pandemic of any magnitude were not sufficiently considered in the years preceding the COVID-19 response. Pre-pandemic planning was based on a narrow definition of stockpile aims and eligibility. Because this did not align with the way in which the NMS was used during the pandemic, operational plans and systems were changed and additional plans developed during the course of the pandemic.
16. Health's deployment of NMS supplies to various health provider groups during the pandemic was consistent in principle with its responsibilities to these groups under national health emergency agreements. In practice, Health limited eligibility to prioritised sub-groups. Disaggregated and unanalysed data about eligibility outcomes impedes transparency about eligibility decisions.
That the Senate—
(a) notes that:
(i) in 2004 Australia, during 'good faith' sea boundary negotiations with Timor-Leste, one of the poorest countries in the world, spied on their negotiating team with an aim to forcing them to surrender most of the revenue from the Greater Sunrise resource project,
(ii) Mr Bernard Collaery and Witness K have been charged for blowing the whistle on the unlawful conduct,
(iii) the spying has blemished Australia's reputation in Timor and undone much of the good will that stemmed from assisting the nation gain independence,
(iv) the alienation of Timor has the potential to damage Australia's diplomatic and national security interests, and
(v) at the 27 May 2021 estimates hearing of the Legal and Constitutional Affairs Legislation Committee, the Commonwealth Director of Public Prosecutions advised that the impact these prosecutions could have on Australia's relationship with Timor was beyond the scope of the matters they included in their public interest considerations; and
(b) calls on:
(i) the Federal Government to recognise that the prosecution of Mr Collaery and Witness K is not in the public interest, and
(ii) the Attorney-General to decline to proceed further with the prosecutions as per section 71 of the Judiciary Act 1903 .
The people of Timor owe a massive debt to Witness K.
In 2004, then foreign minister Alexander Downer presided over an Australian Secret Intelligence Service (ASIS) operation to install listening devices in the offices of the government of the newly independent, and desperately poor, nation of East Timor.
The operation, which was carried out under the cover of an aid project, aimed to give Australia an advantage in negotiations over a new maritime border between the two countries.
Among the main stakeholders in these negotiations was Australian oil and gas giant Woodside Petroleum. Woodside leads a consortium of companies with rights to exploit gigantic reserves in the Greater Sunrise oil and gas fields, which lie in the Timor Sea around 150km from East Timor and 450km from Darwin.
At one point in the negotiations, Alexander Downer reportedly shouted across the table "Your claims go almost to Alice Springs. You can demand that forever for all I care. We are very tough … Let me give you a tutorial in politics—not a chance".
Perhaps part of the reason why Downer could be so "tough" was that, thanks to ASIS—
he knew exactly what the Timorese negotiating strategy would be.
The actions taken by the Australian Government are counterproductive and uncooperative. Raiding the premises of a legal representative of Timor-Leste and taking such aggressive action against a key witness is unconscionable and unacceptable conduct. It is behaviour that is not worthy of a close friend and neighbour or of a great nation like Australia.