The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021
The current legal and regulatory system is simply no longer fit for purpose.
… the current system for addressing workplace sexual harassment in Australia is complex and confusing for victims and employers to understand and navigate. It also places a heavy burden on individuals to make a complaint.
At the end of the motion, add ", but the Senate:
(a) notes:
(i) it took tens of thousands of Australian women taking to the street in the March4Justice before the Government responded to the Sex Discrimination Commissioner's groundbreaking Respect@Work Report, and even then the Government would not commit to implementing the 55 recommendations in full,
(ii) genuine action on sexual harassment in the workplace includes fully implementing all 55 recommendations of the Respect@Work Report to help keep Australians safe from sexual harassment at work,
(iii) this bill as drafted does not fully implement all legislative recommendations of the Respect@Work Report,
(iv) Australian women are looking at the Prime Minister's record and assuming this bill is just another political fix,
(v) the Sex Discrimination Commissioner herself has described the Federal Government's weak response to her report as a "missed opportunity", and
(vi) if the Government refuses to amend the shortcomings of this bill, an Albanese Labor Government will work with the Workplace Sexual Harassment Council, employers, workers, unions and legal experts to finalise and implement stronger laws as a matter of priority; and
(b) calls on the Government to support amendments to this bill to ensure it fully implements all 55 recommendations of the Respect@Work Report".
MCA agrees with the government and others that a positive duty already exists in workplace health and safety law … However, the positive duty that already exists works for traditional physical health and safety risks; it is clearly not working for sexual harassment. Therefore, given the significant issue, we support there being a positive duty in the Sex Discrimination Act.
Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.
For a woman in insecure and casual work who is unable to access sick leave, annual leave or domestic violence leave, the ability to safely leave an abusive situation is reduced significantly … I have seen multiple occasions where women have lodged private applications for protection orders and then are forced to withdraw because they are at risk of losing their job.
Tragically, I have then seen their names turn up on court lists again several months later … which tells us that they … have been victims of further violence.
Workers who may be more likely to experience sexual harassment in the workplace include:
… … …
We conducted an extensive survey of more than 400 young women working in hospitality in … 2017, and we found nine out of 10 of those workers had been sexually harassed at work.
They were sexually harassed by their direct boss and that had a huge impact on their ability to finish their apprenticeship and it had a huge impact on their mental health … Then, when the physical altercation—
occurred, the boss told the worker not to tell anybody or they would be fired and they wouldn't be able to complete their apprenticeship.
Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.
Do parents know that their child, their daughter, is more likely to be sexually harassed at work than not? What environment are we sending our kids into? It's their first job, and this is what happens. Both retail and fast food industries also employ large numbers of children under the age of 18, yet there is no requirement to have a working with children check. A volunteer coach at the netball club or the football club and, indeed, a parent coach is required to have one, but a manager at a McDonald's or a supermarket isn't, yet, they too, are working with children.
Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.
… … …
Sexual harassment is not a women's issue: it is a societal issue, which every Australian, and every Australian workplace, can contribute to addressing.
In addition to gender, other factors may increase the likelihood that a person may experience workplace sexual harassment. Workers who may be more likely to experience sexual harassment in the workplace include:
… the Fair Work Act 2009 does not protect trans, gender diverse and intersex people against workplace discrimination.
While this legislation prohibits adverse treatment on the basis of sexual orientation—thereby protecting lesbians, gay men and bisexuals (at least to some extent …)—it does not include equivalent protections for trans, gender diverse and intersex people.
In short, the Fair Work Act 2009 does not protect trans, gender diverse and intersex Australians from mistreatment or unfair dismissal based on who they are. This is either a gross oversight, or a deliberate choice to treat transphobic and intersexphobic workplace discrimination less seriously than other forms of mistreatment.
Just had another rejection for a teaching job. I have now applied for over 45 teaching positions in government and non government schools in Victoria. It feels that in 2021 when you disclose that you have a mobility disability and are a transgender woman you are not seen as a suitable candidate for a teaching position.
I completed my Bachelor of Education specialising in English and qualified to teach primary and secondary schooling at Victorian University, a Graduate Certificate in Religious Education at Australian Catholic University and a Masters of Education specialising in Diversity at the University of Melbourne.
Yet I feel that our gender becomes an issue and schools are still heteronormative in thinking and presenting.
How can we ever address the issues confronting our students who are struggling with gender identity in school settings if they won't allow teachers like myself to be role models in schools?
Why am I so unwanted?
…the recent Private Lives 3 Report found that respondents were far more likely to experience unfair treatment on the basis of gender identity than sexual orientation:
While 4.5% of respondents reported being unfairly treated 'always' or 'a lot' in the pa st 12 months because of their sexual orientation, 19.8% of respondents reported the same with respect to their gender identity.
In a separate question, 9.9% of LGBT respondents combined reported being 'refused employment/promotion' in the previous 12 months, which is a disturbingly high figure.
Meanwhile, although intersex status was not included in the above questions, when asked whether they currently felt accepted 'a lot' or 'always' at work, only 50% of intersex respondents answered yes.
It is clear to us that trans, gender diverse and intersex employees need at least the same level of workplace protections as their lesbian, gay and bisexual counterparts, as well as women, people with disability and others.
… a feminist approach to foreign policy … challenges the modus operandi of current political processes. It means ensuring equal participation across all hierarchies in all institutions shaping and implementing foreign policy, from ministries to embassies and implementing partners. It constantly evaluates whether political processes allow for equal influence of the politically marginalised, and actively seeks the cooperation of civil society actors promoting gender equality and the rights of political minorities. A feminist foreign policy also acknowledges the continuing colonial legacies within foreign affairs and actively works to overcome them. Most importantly, a feminist foreign policy always champions co-operation over domination. It fosters partnerships and inclusion over of domination and exclusion. It emphasises the shared communalities of human beings across the globe instead of reinforcing divisions and distinguishing between "us" and "them".
Imagine if during last year's bushfires, brigade captains were not informed where fires were moving and what resources might be required. This is exactly what is happening now. Spot fires have turned into roaring blazes of the virus.
With the coming deluge of cases, it is possible ambulances will not reach people suffering heart attacks or strokes as quickly as they should.
We know that the federal government's vaccination program at the start of the year identified the Indigenous communities as part of the 1A rollout, and it hadn't occurred, and that's something that they lost attention of ... we know earlier in the year the rollout wasn't anywhere where it needed to be.
Should they have been vaccinated earlier? Yes. It was all part of the federal government's rollout of the vaccination program at the start of the year and it didn't occur.
Somebody, anybody, get this out there. This is what's going on in Wilcannia. And I'm crying, I'm tired, and nobody's helping us.
The targets suggested of 70 or 80% vaccination are totally fraudulent if applied to remote Australia … they would totally fail our people.
… they don't have a Covid plan here, they don't have ventilators. They don't have anything. I think they've just got body bags.
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 Sheldon, O’Neill, McCarthy and Keneally today relating to the COVID-19 vaccination program.
We have been ready for additional ICU patients for a long time … We have always had those contingency plans, but what is confronting for us is when you have a network that has great staff, is seeing more patients, it does stretch things and it does mean things are done differently.
We are exhausted. Last night was brutal. We literally hit capacity … Just holding on. The patients are air-hungry, starving for breath …We simply don't have enough of us. We are on the edge now …We have been trying to warn the government for a year.
We know that the federal government's vaccination program at the start of the year identified the Indigenous communities in part of the 1A rollout, and it hasn't occurred … and that's something that they lost attention on, and we know earlier in the year the rollout wasn't anywhere near where it needed to be.
That the Senate take note of the answer given by the Minister for Finance (Senator Birmingham) to a question without notice asked by Senator Thorpe today relating to COVID-19 vaccination rates for First Nations people.
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:
National Health Amendment (COVID-19) Bill 2021;
National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2021;
Paid Parental Leave Amendment (COVID-19 Work Test) Bill 2021; and
Treasury Laws Amendment (2021 Measures No. 6) Bill 2021.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2021 SPRING SITTINGS
National Health Amendment (COVID-19) Bill 2021
Purpose of the Bill
This Bill confers a time-limited spending power on the Minister for Health for the purpose of purchasing additional COVID-19 vaccines, inclusive of boosters, and necessary consumables, and COVID-19 treatments.
The Cabinet would retain its role in consideration and decision of vaccines and related purchases, and following Cabinet decision, the Minister for Health would exercise the spending power under the new provision to enable payments to be made upon execution of Advance Purchase Agreements with vaccine manufacturers.
Reasons for Urgency
If the Bill is not passed before the end of the 2021 Spring sittings, there is a risk that necessary payments for shipments of life-saving COVID‑19 vaccines, particularly for the 2022 booster program, may not be able to be made in a timely manner, threatening supply schedules.
The latest scientific evidence for vaccines and treatments for COVID-19, including the need for boosters, is always evolving and decisions on the need to purchase products do not align with the regular cycle of Appropriation Bills. This spending power would provide a mechanism for the Department of Health to meet these payments as they fall due, regardless of whether funding for specific products was included in the most recent Appropriation Bill.
While broad provisions of funding can be provided for future expenditure through Appropriation Bills, due to the unpredictable nature of the efficacy of products coming to market throughout this pandemic, it is important to have a flexible mechanism for the short-term while longer term approaches for vaccines are considered.
Effect if the Bill is not dealt with in one sitting period
The need to be ready to rapidly invest in vaccines will continue as scientific evidence about future needs becomes clearer. At the same time, the international market for the purchase of vaccine is highly competitive. Without an adequate and certain pool of funds, the ability for Australia to negotiate the future purchase of COVID-19 vaccines, boosters, consumables and treatments may be hindered.
Why the need for the Bill was not foreseen
First doses of COVID-19 vaccines were delivered internationally in December 2020, while first doses were administered in Australia in late February 2021. The scientific evidence regarding COVID-19 vaccines continues to emerge at a rapid pace. The Australian Government already had in place Advance Purchase Agreements for sufficient vaccine doses for the entire population; however the need to purchase additional booster doses has only emerged in recent months.
(Circulated by authority of the Minister for Health and Aged Care, the Hon Greg Hunt MP)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2021 SPRING SITTINGS
NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE AMENDMENT BILL
Purpose of the Bill
The bill will make improvements to the National Redress Scheme for Institutional Child Sexual Abuse (the Scheme) following the Final Report of the Second Year Review of the National Redress Scheme (the Review).
Reasons for Urgency
Stakeholders and survivors are expecting the Government to respond quickly and meaningfully to the Review and this bill enables the Government to immediately implement a number of Scheme improvements. This includes a number of measures to improve the survivor focus of the Scheme going forward
In particular, the bill introduces an advance payment of $10,000 for elderly and terminally ill applicants while they are waiting for their final redress outcome. Given the nature of institutional child sexual abuse, the Government is aware that survivors may not come forward to seek redress for some time and may be elderly or ill when they apply to the Scheme. There is a risk that survivors may pass away before receiving their redress outcome and any acknowledgement of the abuse they experienced as children.
(Circulated by authority of the Minister for Families and Social Services)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2021 SPRING SITTING PERIOD
PAID PARENTAL LEAVE (COVID-19 DISASTER PAYMENT) AMENDMENT BILL
Purpose of the Bill
To enable people to continue to meet the Paid Parental Leave work test where their ability to perform paid work has been impacted by the COVID-19 lockdowns and restrictions. This will be achieved by introducing a provision into the Paid Parental Leave Act 2010, which will enable the Paid Parental Leave Rules 2021 to prescribe that a period in receipt of specified Government COVID-19 payments can be taken to be qualifying work for the purpose of the Paid Parental Leave work test. After passage of the Bill, the Paid Parental Leave Rules 2021 will be amended to prescribe that a period in receipt of the COVID-19 Disaster Payment will be taken to be qualifying work for the purpose of the work test for Paid Parental Leave.
Reasons for urgency
People are currently experiencing the impacts of the COVID-19 lockdowns and restrictions which may impact access to PPL under the current work test.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2021 SPRING SITTINGS
TREASURY LAWS AMENDMENT (2021 MEASURES NO. 6) BILL 2021
Purpose of the Bill
The purpose of the Bill is to:
Reasons for Urgency
Introduction and passage of the Bill in the 2021 Spring sittings is required to:
(Circulated by authority of the Treasurer)
That leave of absence be granted to the following senators from 30 August to 2 September 2021:
(a) Senators Antic, Birmingham, Fawcett, Griff, McLachlan, McMahon, Paterson and Patrick, for personal reasons;
(b) Senators Abetz, Duniam, Fierravanti-Wells, Hanson, Henderson, Lambie, McDonald, McGrath and Roberts, because of COVID-19 travel restrictions; and
(c) Senator Molan, for medical reasons.
That leave of absence be granted to Senators Wong, Gallagher, Ciccone, Kitching, Bilyk, Sheldon, Ayres, Dodson, McCarthy, Marielle Smith, Chisholm, Sterle, Walsh, Farrell and Green from 30 August to 2 September 2021, for personal reasons.
That leave of absence be granted to Senators Waters, Rice, Thorpe, Whish-Wilson, McKim, Steele-John and Faruqi from 30 August to 2 September 2021, for COVID-19 related reasons.
That the continuing order of the Senate of 18 March 2021 relating to COVID-19 vaccination certificates be amended to read:
(1) That there be laid on the table, by the Minister for Government Services, by no later than the third business day of each month, a report setting out the total number to date:
(a) of updates to the Australian Immunisation Register identifying that a person has received their second COVID-19 vaccination (which then allows a customer to produce their COVID-19 digital vaccination certificate), and
(b) of individual COVID-19 digital vaccination certificates produced:
(i) using a Medicare online account via the myGov app,
(ii) using the Medicare Express app, and
(iii) by contacting Services Australia (either on the telephone or in person).
(2) The first report is due on the third business day of September 2021.
(3) If the Senate is not sitting when an update is ready for presentation, the report is to be presented to the President under standing order 166.
(4) This order is of continuing effect until 31 December 2022.
That there be laid on the table by the Minister representing the Minister for Health and Aged Care, by no later than 3 pm on 1 September 2021, the geographic vaccination rates for First Nations Australians by state/territory, Statistical Area Level 4 and local government area, showing the number and rate of first and second vaccinations.
Federal Environment Watchdog Bill 2021
That the following bill be introduced: A Bill for an Act to amend the law relating to the environment, and for related purposes.
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 today in favour of the Federal Environment Watchdog Bill 2021, the Australian Greens' Bill which will establish a Commonwealth Environment Protection Authority.
Australia is a global leader in wildlife extinction. Our natural environment and iconic places are in an overall state of decline and are under increasing threat. The current environmental trajectory is unsustainable. Our environment laws are failing to protect our wildlife and the Morrison Government not only has no intention of strengthening those laws, right now they want to weaken them.
It is shameful that Australia experiences some of the worst land clearing rates in the world and has been identified as a global deforestation hotspot by WWF International. And yet, the Morrison Government wants to make it even easier for mining companies and big developers to get approval for projects that will destroy the environment and harm our native animals.
Before the catastrophic climate fires over the 2019/20 summer, which saw 3 billion native animals killed or displaced, Australia already held the dishonour of worst mammalian extinction rate in the world, our wildlife was in crisis and needed urgent protection. But rather than do something to improve this dire situation for our wildlife and the environment, the Morrison Government ignored the recommendations of the once-in-ten-year statutory review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which reported later in 2020.
The reviewer, Professor Graeme Samuel AC was scathing in his findings and firm in his recommendations that the EPBC Act needed an overhaul to reverse the unsustainable trajectory our environment is on. He outlined a reform process that included strong environmental standards and an independent cop on the beat to enforce them.
This bill would deliver the latter. Professor Samuel stated in his interim report that:
'The current collaborative approach to monitoring, compliance, enforcement and assurance is too weak. Serious enforcement actions are rarely used, indicating a limited regard for the benefits of using the full force of the law where it is warranted. When they are issued, penalties are not commensurate with the harm of damaging a public good of national interest. They do not provide an adequate deterrent.
A strong, independent cop on the beat is required. An independent compliance and enforcement regulator, that is not subject to actual or implied political direction from the Commonwealth Minister, should be established. The regulator should be responsible for monitoring compliance, enforcement and assurance. It should be properly resourced and have available to it a full toolkit of powers.'
The establishment of an independent Commonwealth Environment Protection Authority that operates at arm's-length from Government to conduct transparent environmental assessments and inquiries as well as undertake monitoring, compliance and enforcement actions, has the backing of environmental stakeholders like the Places You Love Alliance and many of the 30,000 submitters to the Samuel Review.
Professor Samuel's recommendation followed a scathing assessment by the Auditor-General which found the environment department was failing to properly administer the EPBC Act including an absence of effective monitoring, reporting and evaluation arrangements for controlled actions. The Auditor-General's assessment of the government's management of the environment and our wildlife was scathing. The report shows the Environment Minister and the department have failed to protect the environment and are, simply put, incompetent.
Heads should have rolled over this ineptitude and failure of duty. If this was the Health Minister who had overseen the botched implementation and enforcement of health and safety regulations, they and the head of their department would get the sack. The environment should be no different. The report shows, it's not just incompetency, it's a lack of care and duty that has allowed the trashing of the environment.
The Morrison Government is intent on putting the interests of miners and developers ahead of clean water, critical habitat and the survival of our native animals. The government cannot guarantee that not one more hectare of critical koala habitat will be lost under their plan. They cannot guarantee that not one more sacred Aboriginal site will be blown up.
Enough is enough. There must be accountability, and it must be at the top. Not only do our environmental laws need an overhaul but clearly so does those who are in charge of administering them.
While countries around the world are pledging zero extinction targets and to protect 30 per cent land and 30 per cent sea to achieve it, the Australian Government is watching extinction after extinction occur on its watch. We need a zero extinction target, we need to protect at least 30 per cent of our land and 30 per cent of our sea and we need strong environmental protections and an independent watchdog to hold governments, miners and developers to account if we are going to achieve those targets.
If we our natural places are not protected, the result will be more dead koalas, more pollution, more logging and more wanton destruction of environment and heritage.
If environment protection agencies are good enough for our states, why do we still not have a federal agency when it is the Commonwealth that is responsible for assessing matters of national environmental significance. It defies logic that 20 years after the establishment of the EPBC Act there would be no independent enforcement of those laws.
Without independence from the Minister and the political party they belong to, which is beholden to their political donors in the mining, development and logging industries our laws will never be upheld in the way they should.
To fail to enforce the laws is a death sentence for Australia's koalas and wildlife. The rest of the world is working out how to save the planet. Australia needs to join them with urgent action and this bill would be an enormous step. As Professor Samuel said, 'To shy away from the fundamental reforms recommended by this Review is to accept the continued decline of our iconic places and the extinction of our most threatened plants, animals and ecosystems'. There's no time to waste, the parliament should do what the government will not and implement this bill and the very sensible and important recommendation of the Samuel Review.
That there be laid on the table by the Minister representing the Minister for Health and Aged Care, by no later than 9.30 am on Wednesday, 1 September 2021:
(a) first and second dose vaccination rates by postcode or statistical area level 1 (SA1);
(b) first and second dose vaccination rates by age cohort and SA1 or statistical area level 2 (SA2);
(c) first and second dose vaccination rates for age care workers and residents by SA2; and
(d) first and second dose vaccination rates for disability care workers and residents by SA2.
That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction, by no later than 9.30 am on 2 September 2021, any advice provided by Baringa Partners to the Energy Security Board in relation to the post-2025 electricity market design.
That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction, by no later than 9.30 am on 2 September 2021, any documents, including emails and correspondence, in relation to the appointment or secondment of employees of Energy Australia, Delta Electricity or Origin Australia to any group or process of the Energy Security Board.
The Senate divided. [15:46]
(The President—Senator Ryan)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The reported views of members of the NSW Liberal Government, including that they consider Mr Morrison to be "the Prime Minister for Morrison and no one else".
Usually he briefs against her for doing her job with some measure of competence.
He doesn't like the contrast – he makes himself look big by trying to make others look small.
Berejiklian is a Liberal team player who keeps her grievances about Morrison private. But, in private, she is scathing. The NSW Premier has told Liberal colleagues she'd have preferred Peter Dutton had won the last federal leadership ballot—
because Morrison is so unpleasant. She's described the PM as a "bully". Berejiklian went so far as to tell a colleague—
Berejiklian—
went so far as to tell a colleague that Morrison's behaviour was "evil".
Among Berejiklian's inner circle, it's considered a joke to call Morrison "the Prime Minister for NSW". They consider Morrison to be the Prime Minister for Morrison and no one else.
… Morrison refused to supply the essential information even though the program would not cost Canberra a cent.
The politics seemed pretty plain – Morrison didn't want to be seen to be abandoning the states. The two governments reverted to a fall-back plan, sharing the cost of increased supplementary payments instead. This confirmed the suspicion in the Berejiklian government that Morrison was more interested in the politics of appearance than the substance of outcomes.
The reported views of members of the NSW Liberal Government, including that they consider Mr Morrison to be "the Prime Minister for Morrison and no one else".
I was passed out for 14 hours a day. Time moves so strangely when you're in that state. Morning and night were barely distinguishable.
If I tried to breathe, I would cough and gag.
When you're in that state, with no clear trajectory of getting better, you lose the joy in everything.
Parliamentary Joint Committee on Law Enforcement—
Examination of the Australian Federal Police annual report 2019-20—Report
Vaccine related fraud and security risks—Interim report
Parliamentary Standing Committee on Public Works—7th report of 2021—Referrals made in June 2021
Joint Standing Committee on Treaties—193rd report—Strengthening the Trade Agreement and Treaty-Making Process in Australia
Australian Government response to the Joint Select Committee on Road Safety report: Improving Road Safety in Australia
AUGUST 2021
Introduction
This is the Australian Government (the Government) Response to the Joint Select Committee's (the Committee) report on Road Safety — Improving Road Safety in Australia.
On 31 July 2020 the Committee released its interim report, noting that due to the COVID-19 pandemic, further time was required to consider evidence gathered during hearings and from submissions. The Final Report was published on 30 October 2020 and contains 22 recommendations to improve road safety.
The Government has a responsibility, collectively with state and territory governments, for the strategic direction and implementation of national road safety policy and actions. The Government has a guiding and influencing role in road safety and established the Office of Road Safety (ORS) in July 2019, with the aim of improving coordination and leadership across all levels of government. While many of the levers for road safety are controlled by the states and territories, the Government is responsible for developing the National Road Safety Strategy with all states and territories and supporting its implementation; funding infrastructure investment aimed at delivering road safety outcomes; and regulating first imports of vehicles into the country. The National Road Safety Strategy 2021-30 (Strategy) and its Action Plan for 2021-2025 are expected to be released in the coming months, subject to jurisdictional approval processes.
State and territory Ministers agreed in August 2019, through the former Transport and Infrastructure Council (Council), that the new Strategy would position Australia towards a 'Vision Zero' Target, with no person being killed or seriously injured from a road crash, by 2050.
Council also agreed in order to be successful in reducing road trauma over the decade, the Strategy must reach beyond traditional transport solutions and that road safety can no longer be viewed solely as a transport issue. To achieve this, Council agreed to adopt a social model approach to extend road safety opportunities into other sectors such as health and social services, law enforcement, education, justice, planning and industry, all of which will underpin the Action Plans supporting the new Strategy. A social model approach will allow the Strategy to reach beyond the areas that have traditionally coordinated road safety outcomes and foster a shift in road safety culture across Australian society to promote road safety as everyone's responsibility.
Many of the Committee's recommendations relate to areas where implementation and delivery is primarily the responsibility of state and territory governments. Where the Government has a national coordination role in delivering road safety outcomes, these are outlined in this response.
This Government response addresses the Committee's 22 recommendations in the Final Report.
List of Recommendations
Recommendation 1
The committee supports the findings of the NRSS Inquiry Report which recommended that the Australian government commit more funding to road safety.
The Australian Government supports an increase of funding by all governments towards improving road safety, as recommended by the Inquiry into the National Road Safety Strategy 2011-20
(NRSS Inquiry). This was agreed in principle by Council in November 2019. In response the Government has since made significant funding commitments that will deliver road safety outcomes in major cities and regional and remote areas.
Improving road safety to help Australia move towards zero fatalities and serious injuries on our roads by 2050 is a top priority of the Government and a key objective of the 10-year $110 billion land transport infrastructure program. The program is providing life-saving upgrades to roads and highways, including key freight routes, and safer and more efficient heavy vehicle operations. Investment in land transport infrastructure as well as targeted road safety packages are supporting the delivery of the Government's commitment to road safety.
As part of the 2020-21 Budget the Government committed significant additional funding to improve road safety, including:
An additional $1 billion to continue road safety upgrades through the Road Safety Program in 20222023 was announced in the 2021-22 Budget. In addition to the Road Safety Program and Data Hub initiative, the Government funds a total of $77.7 million over four years of non-infrastructure road safety projects/programs. In June 2020, announced the $500 million Targeted Road Safety Works Program to deliver smaller but critical projects to improve road safety and bolster the resilience of local road networks in every state and territory.
Recommendation 2
The committee recommends the Australian Government work with the states and territories to develop a plan and timeline for the harmonisation of data, including definitions, relating to casualty crashes, road safety ratings, and speeding across the ne twork. Such data should be published regularly.
The Australian Government supports the harmonisation of road safety data, including developing consistent definitions and the regular publishing of data.
While consistent national data is available for road crash deaths, there is currently no national data source to report on the agreed national measure of serious injury. The Government and jurisdictions are pursuing a national project linking hospital and crash data to develop a consistent national source of serious injury data to allow measurement of progress against agreed serious injury targets in the new Strategy. To further support consistent data, the Government is investing $5.5 million over four years to establish a National Road Safety Data Hub, providing transparent monitoring and evaluation of road safety policies and investments.
Further, state and territory governments have also agreed, as part of the new National Partnership Agreement on Land Transport Infrastructure Projects (NPA), on a greater focus on data sharing between jurisdictions for project data including on-road safety. State and territory governments when seeking Commonwealth funding are expected to outline safety benefits in their project proposal reporting templates, including the average annual number of avoided crashes, number of avoided serious injuries, and number of avoided fatalities.
State and territory governments are also required to report key data to the Government as a condition of receiving funding through the $3 billion Road Safety Program.
Recommendation 3
The committee recommends that the Australian Government review its Black Spot Program funding conditions and site eligibility, with a view to making it more effective in proactively detecting and treating deficiencies i n road infrastructure.
The Australian Government notes this recommendation.
The Black Spot Program is already able to fund projects that treat road lengths in addition to 'spot' locations, and up to 30 per cent of program funds are available for investment in proactive projects where there is an assessed risk that fatal and serious crashes are likely to occur. Additionally, the Black Spot Program allows the Minister to consider proactive/Road Safety Audit proposals above the 30 per cent threshold if recommended by the Black Spot Consultative Panel in the relevant state or territory. These panels are established in each jurisdiction to review project proposals.
The Notes on Administration for Land Transport Infrastructure Projects — which guide the administration of the Infrastructure Investment Program — were amended in August 2019 to expand the types of risk assessments accepted for proactive nominations, including the Australian Road Assessment Program (AusRAP) and the Australian National Risk Assessment Model (ANRAM).
ORS will work with all governments to better communicate the proactive aspect built into the Black Spot Program to ensure a better understanding of the opportunities provided for within the Program.
In addition, the $3 billion Road Safety Program will make a significant contribution to proactively detecting and treating deficiencies in road infrastructure. State and territory governments are required to report key data to the Government as a condition of funding through the Program, which will assist in assessing road safety outcomes of the investment and identifying further areas for improvement.
Recommendation 4
The committee recommends that the Australian Government increase funding to the Black Spot Program and increase the percentage allocated to regional and remote areas.
The Australian Government supports this recommendation, and highlights the additional funding recently announced with provisions in place to increase the percentage allocated to regional and remote areas where necessary.
The Government has committed $110 billion for land transport infrastructure investment over the next ten years. In the 2019-20 Budget the Government committed $2.2 billion for the Local and State Government Road Safety Package, which provided additional funding for roads programs. This funding included an additional $50 million per year for the Black Spot Program, bringing the funding for the Program to $110 million per year. The Government's total commitment for the Black Spot Program from 2013-14 to 2024-25 is $1.2 billion.
A greater proportion of funding for regional and remote areas may be approved should such funding levels be recommended by the Black Spot Consultative Panels.
Recommendation 5
The committee recommends that the Australian Government works with states and territories and local government to ensure that all existing road safety programs are designed to implement Safe System principles across al l government policy areas, including health and education.
The Australian Government supports implementing Safe System principles through existing road safety programs in coordination with state and territory governments. This was agreed upon by Council in November 2019 in response to the NRSS Inquiry (2018) recommendations.
Council agreed to adopt a social model approach underpinning the Action Plans that will support the Strategy.
The NPA supports delivery of infrastructure projects and sets out how the different levels of government will work together to deliver infrastructure projects for the benefit and wellbeing of Australians. Well-designed land transport infrastructure, including improved transport safety, is essential for Australia's productivity and economic development to support prosperous and liveable communities. The NPA enshrines road safety as a key, shared objective of the Government and state governments. The NPA ensures new road infrastructure projects give regard to the Safe System principles, which also underpin the Strategy.
ORS was established to improve leadership and coordination across all levels of government to reduce deaths and serious injuries on the roads. Using a social model approach, ORS is engaging Australian Government portfolios beyond the areas that have traditionally coordinated road safety outcomes to become key enablers of change and advocates for road safety, facilitated through the Commonwealth Inter-Departmental Committee on Road Safety. The Committee includes representatives from the Department of the Prime Minister and Cabinet, Treasury, Department of Finance, National Indigenous Australians Agency, Department of Social Services, Australian Federal Police, Attorney General's Department, Department of Health, and the Department of Education, Skills and Employment.
The Department of Health and ORS are also working closely together in the preparation of the National Road Safety Strategy, the National Injury Prevention Strategy and other initiatives to further align targets and cross-Government work on road safety issues.
Recommendation 6
The committee recommends that the commonwealth works with states and territories to ensure that funding avenues are identified that specifically support local councils to attract and reta in the relevant skills and expertise required for development of all aspects of road safety policy, infrastructure and maintenance.
The Australian Government supports in-principle this recommendation noting there are constitutional limitations for direct funding by the Commonwealth.
As owners of an extensive road network, local governments are responsible for the road safety performance of roads under their control and authority.
The responsibility for development of all aspects of road safety policy, infrastructure and maintenance is shared by state, territory and Federal governments. State and territory governments are responsible for implementation of the Local Government Acts as well as supporting - through Austroads and other mechanisms - the delivery of training to assist in the development of road safety risk assessments and local government road safety network plans. As local governments have no status within the Australian Constitution, funding from the Government is often provided through grants such as the Local Roads and Community Infrastructure Program (LRCI) or directed through state and territory governments who often provide assistance through their road safety manager responsibilities.
Currently over 600 major Government funded road infrastructure projects are in planning, underway, or under construction, many of which will deliver road safety benefits. Work is being undertaken by all levels of government to deliver these projects.
The $500 million Targeted Road Safety Works package, announced in June 2020, is delivering smaller but critical projects to improve road safety and is bolstering the resilience of local road networks in every state and territory.
In addition, in May 2020 the Government announced the LRCI Program providing $500 million to support local councils to deliver priority local road and community infrastructure projects in the 2020-21 financial year. Through the 2020-21 Budget, the Government committed an additional $1 billion to this program for works to continue in 2021-22, and a further $1 billion to continue road safety upgrades through the Road Safety Program in 2022-2023 was announced in the 2021-22 Budget.
In 2018, the Government committed $2.55 million to the Australian Road Research Board (ARRB) to assist local governments to better understand, and deliver on, their road asset and maintenance requirements. Completed in June 2020, the funding delivered updates to three operational manuals for sealed and unsealed roads and bridge structures and a new manual focused on road base materials. The program also delivered specialised optics devices which is enabling local road managers to assess the condition of road infrastructure to enable better performance assessment and optimise maintenance activities.
In the 2019-20 budget, the Australian Government allocated $8 million over two years to the Strategic Local Government Asset Assessment Project (SLGAAP), which is administered by the National Heavy Vehicle Regulator (NVHR) on behalf of the Australian Government.
The SLGAAP assists local government road managers across Australia to undertake capacity assessments of bridges and culverts on key heavy vehicle routes to help them better understand the safe operating limits of road infrastructure.
The NHVR has so far delivered more than 230 asset assessments across twelve local governments.
Due to the successes of the pilot program, the Australian Government announced in the 2021-22 budget an additional $12.1 million over three years for SLGAAP. Strong participant interest has seen more than 90 local governments register approximately 900 assets across the nation to be assessed over the next three years.
Recommendation 7
The committee recommends the establishment of a Parliamentary Standing Committee on Road Safety.
The Australian Government supports the recommendation for the establishment of a Standing Committee by the Federal Parliament.
Recommendation 8
The committee recommends the Australian Government ensure all Commonwealth
funded road projects incorporate Network Design for Road Safety principles.
The Australian Government supports in-principle this recommendation in coordination with state and territory governments.
The NPA supports delivery of infrastructure projects and sets out how governments will work together to deliver infrastructure projects for the benefit and wellbeing of Australians. Well-designed land transport infrastructure, including improved safety across the network, is essential for Australia's productivity and economic development to support prosperous and liveable communities.
The NPA promotes road safety as a key, shared objective of the Commonwealth and state governments. The Government is committed to reducing the number of deaths and serious injuries on our roads and has put forward strengthened safety arrangements for all road funding projects in the NPA. This ensures new road infrastructure projects give regard to the Safe System principles, which also underpin the new Strategy.
Austroads guidelines provide practical advice and tools for road authorities, with the Network Design for Road Safety User Guide outlining a simple process for assessing the level of risk and forecasting the number of casualty crashes. The guidance assists road managers, planners and designers to achieve improved safety outcomes by applying consistent standards along a road corridor. This simple approach is based on the most advanced knowledge of safety metrics using the ANRAM and iRAP in the Australian context.
Recommendation 9
The committee recommends that the Australian Govern ment work with state, territory and local governments to collect accurate data on the current condition and rate of change of Australian roads.
The Australian Government supports this recommendation.
Typically, state and territory road managers collect data to track the condition of Australian roads over time as part of their asset management systems. However due to inconsistencies in data collection requirements and interpretations across the states and territories, data is far from complete or fully accurate.
The Road Safety Program announced in the 2020-21 Federal Budget requires states and territories to provide their current analysis of road safety risk and the expected change in risk rating with the application of their proposed road safety treatments.
The National Road Safety Data Hub, along with the National Freight Data Hub, will work with state and territory governments to improve the quality of data and develop a national status report of the Australian road network.
Recommendation 10
The committee recommends that the Australian Government identify priority roads for dedicated and targeted road funding partnerships with the relevant jurisdictions to improve the star rating performance of road infrastructure for all road users. The Australian Government supports this recommendation.
In response to the NRSS Inquiry, in November 2019 Council agreed to invest in road safety infrastructure, safe system and mobility partnerships across all governments that accelerate the elimination of high risk roads. The Government has commenced the $3 billion Road Safety Program as part of its ongoing commitment to improving road safety for all Australians and reducing the number of deaths and serious injuries our on roads. The Road Safety Program will see safety improvements on state highways, arterial roads and urban and pen-urban roads, through the application of various safety treatments to raise the standard of the road.
States and territories are required to submit their proposals under the program in priority order, demonstrating the safety benefits of each proposal in order to lift road safety performance.
In addition, the $500 million Targeted Road Safety Works Program is providing upgrades across states and territories to improve road safety for all road users. Projects include the rollout of rumble strips, shoulder widening and installation of safety barriers on high speed undivided roads.
Recommendation 11
The committee recommends that the Australian Government support and fund research into the effectiveness of varying road treatments in a wide range of circumstances, with a view to improving the road safety outcomes of infrastructure investment.
The Australian Government supports this recommendation, noting other levels of government also play a key role in establishing an evidence-base for road investments.
ORS will continue to collaborate with state and territory governments to prioritise research on a range of road safety topics, particularly through implementation of the new Strategy and Action Plan. Further, state and territory governments are required to report key data to the Government as a condition of funding through the $3 billion Road Safety Program, which will assist in assessing road safety outcomes of the investment.
It is also anticipated over time as the Road Safety Data Hub matures it will become a widely used resource of data sets and series for the purposes of furthering research into the effectiveness of various road safety treatments.
The Government also funds a number of road safety programs as part of its commitment to reducing the number of deaths and serious injuries on our roads. Programs such as the $12 million Road Safety Innovation Fund are designed to contribute to the reduction of road trauma in Australia by funding research into road safety issues and emerging trends.
The Government also currently supports road safety research through our participation in Austroads' taskforces, including on-road safety, road design, registration and licensing, bridges, assets, tunnels, pavements, project delivery and design and barrier safety assessment.
Recommendation 12
The committee recommends that the Australian Government establish a national consultative committee on motorcycle safety.
The Australian Government does not support this recommendation.
Robust stakeholder consultation mechanisms are in place allowing direct liaison with key stakeholders (such as the Australian Motorcycle Council) or collectively with associations representing vulnerable road users. As part of its role in improving coordination and leadership, ORS adopts a flexible and efficient approach to stakeholder engagement, allowing the Government and the transport portfolio to engage with road user groups including motorcycling groups. Avenues such as the Ministerial Roundtable for vulnerable road users held in October 2020, and attended by the Australian Motorcycle Council, allow for efficient engagement and opportunity to raise issues directly with Government.
ORS will work with key motorcycle stakeholders to establish a regular consultation process to ensure the concerns of the motorcycling community are factored into the Strategy and its accompanying Action Plans. The consultation process will cover trends in fatal and serious injuries related to motorcycle use, evidence based treatments and the countermeasures needed.
Recommendation 13
The committee recommends that the Australian Government, state and territory, and local governments review their procurement practices to ensure that the safety of vehicles is a key criterion in purchasing decisions.
The Australian Government supports the recommendation.
It is already a requirement of the Whole of Australian Government Vehicle Leasing and Fleet Management arrangement Fleet Vehicle Selection Policy that entities must select vehicles with a five star Australasian New Car Assessment Program (ANCAP) safety rating.
Local, state and territory government procurements are governed by their own policy frameworks. In August 2019, Council agreed that road safety will become a genuine part of business-as-usual across all levels of government, outlining it will be a key feature of the next Strategy. ORS will work with all government jurisdictions to review their procurement practices for their vehicle fleet to ensure safety is in-built to their processes.
Promoting the market uptake and knowledge of vehicle technologies and other safety equipment with high safety benefits, and reducing workplace trauma, is currently being considered through the Strategy and Action Plan. The Government provides $1.4 million in funding to ANCAP Safety per annum to ensure updated research is undertaken and consumer safety ratings for new vehicles are publicly available.
Recommendation 14
The committee recommends the Australian Government review current t imeframes for the mandatory introduction of safety features likely to have the greatest impact on reducing road trauma in Australia.
The Australian Government supports the recommendation to review timeframes for the mandatory introduction of safety features in vehicles.
In November 2019, Council supported the NRSS Inquiry recommendation to implement rapid deployment and accelerated uptake of proven vehicle safety technologies and innovation. It was noted that work in this area is currently underway with the Government investigating options to streamline regulatory process and embed them into the next Strategy.
The Government is committed to harmonising road vehicle standards in Australia with regulations adopted by the United Nations World Forum for the Harmonization of Vehicle Regulations (WP29). As sales of new vehicles in Australia represents less than 1% of the global vehicle market, harmonising with UN regulations provides more Australians with access to the safest vehicles at the lowest prices.
The Government supports the introduction of new regulation where the potential benefits of the regulation exceeds the associated costs. Implementing standards in Australia in advance of international standards setting is less likely to be supported by a cost/benefit analysis, as the new technology will be expensive because of its innovative nature and smaller market share.
Implementing Australian standards in harmony with international standards is the best way to reduce the cost of these features. It will also ensure Australian standards are developed with regard to world leading design and testing.
The Government commits to ensuring the adoption of international standards at the earliest possible opportunity through:
Recommendation 15
The committee recommends that the Office of Road Safety assist in the facilitation of research to identify the incidence, frequency and type of driver distraction in crash data.
The Australian Government supports this recommendation, noting that the collection of crash data is inconsistent across jurisdictions and reporting on driver distraction is challenging in practice. Council has discussed the broader issues in relation to driver distraction, including improving data collection and developing nationally consistent messaging and guidelines.
Driver distraction is nationally recognised as a critical road safety risk that needs to be addressed effectively. Distractions maybe be internal or external to the vehicle and come from a variety of sources, including passengers. Road safety authorities and researchers face difficulties in data collection and reporting on driver distraction due to the challenges of accurately measuring the source of driver distractedness and applying consistent interpretations when reporting on driver distraction in crash data.
The Government's $12 million Road Safety Innovation Fund will support road safety research and the development of new, innovative road safety technologies and products to support the Safe System approach and make road safety 'business as usual' for all road users. The outcome areas for the fund include reducing driver distraction.
The Government supports further road safety research on driver distraction through our support of and participation in road safety enabling bodies. The Government has worked with the Queensland Government to undertake key research on driver distraction, producing a National Roadmap for Driver Distraction (the Roadmap). The Roadmap outlines a range of solutions to reduce road trauma resulting from mobile phone and other forms of distraction. Council has endorsed the Roadmap and agreed a working party structure would determine and manage the activities under the Roadmap.
Through the Roadmap the National Transport Commission (NTC) has developed a proposal to amend the road rules to regulate driver interactions with technology through a technology-neutral approach. Ministers have considered the NTC proposal and agreed to work towards amending the road rules.
VicRoads and the Australian Automobile Association are also leading work to develop an ongoing driver distraction rating system in new vehicles as they come into market with the goal of incorporating this system into the Australasian New Car Assessment Program. This would further support the adoption of safety systems that prevent crashes.
Enforcement of driver distraction is a responsibility of the states and territories with some states already utilising roadside camera technology able to detect mobile phone use by drivers. As data becomes available it is anticipated it will be shared for further research and to allow for the development of new policy responses to distraction.
Recommendation 16
The committee recommends that the Office of Road Safety work with states and territories to expand crash data collection and reporting on the incidence, frequency and type of driver distraction.
The Australian Government supports this recommendation.
The National Road Safety Data Hub will identify opportunities to improve the collection of data on crashes, as well as work towards an increased understanding of the presence of and type of driver distraction when a fatal or serious injury crash occurs. ORS will work with jurisdictions to establish consistent national definitions for crash data collection and ensure timely data collection. However as previously identified, currently the source or type of distraction is not always identifiable by crash investigators.
Recommendation 17
The committee recommends the Office of Road Safety works with states and territories to fund community awareness campaigns on the impact of driver distractions on road safety.
The Australian Government supports this recommendation.
As outlined in recommendations 15 and 16, in June 2020 Council endorsed the Driver Distraction Roadmap. The Government will continue to work closely with state and territory governments and road safety organisations to address the impact of driver distraction.
ORS administers the $4 million Road Safety Awareness and Enablers Fund that provides funding for 20 projects aiming to improve road user awareness of a range of road safety issues, including driver distraction.
Recommendation 18
The committee recommends that the Australian Government continue to work with state and territory governments and police agencies to increase the number of point-to-point speed cameras and mobile phone detection cameras.
The Australian Government notes this recommendation, noting state and territory governments have direct responsibility for traffic regulation and enforcement.
State and territory governments have direct responsibility for traffic regulation and the setting and enforcement of speed limits, including decisions about the use of speed cameras and mobile phone detection.
Recommendation 19
The committee recommends the Office of Road Safety liaise with the Transport and Infrastructure Council with a view to conducting further research into the potential benefits to be gained from various emerging driver assistance technologies.
The Australian Government supports further research into the potential benefits of various driver assistance technologies.
To overcome human fallibility, the Government is committed to supporting road safety research and the development of new road safety technologies and products.
The Road Safety Innovation Fund is a $12 million Government initiative to decrease harm and trauma related road crashes on Australian roads and create a safe and sustainable road transport system with zero deaths and serious injuries.
The fund supports road safety research and the development of new, innovative road safety technologies and products to support the Safe System approach and make road safety 'business as usual' for all road users. The outcome areas for the fund are:
In line with the general principles set out in the response to recommendation 14, the Government believes the quickest way to implement standards for emerging driver assistance technologies is by:
Recommendation 20
The committee recommends that the Australian Government support future driver education campaigns with an emphasis on the development and demonstration of safe driving attitudes that address the following topics:
The Australian Government supports this recommendation on road safety education campaigns.
The $4 million Road Safety Awareness and Enablers Fund is designed to contribute to the reduction of road trauma in Australia by increasing awareness, education and collaboration in the Australian community. Projects include:
The Heavy Vehicle Safety Initiative program funds initiatives that will deliver tangible improvements in road user, road and heavy vehicle safety. It is administered by the NHVR on behalf of the Government and has provided $22.8 million for 89 grants over the past five years with a total of $33 million in grant funding to 2022-23.
Further emphasis on education campaigns will be considered through the new Strategy and Action Plan.
Recommendation 21
The Committee recommends that Australian Government review funding for programs that reduce barriers to disadvantaged groups obtaining and retaining driver licences.
The Australian Government supports in-principle this recommendation, noting that state and territory governments have direct responsibility for driver licensing arrangements.
Options for improving access and reducing barriers to driver licensing in remote communities is currently being considered through the Strategy and Action Plan.
Recommendation 22
The committee recommends that the Australian Government work with state and territory governments to introduce compulsory first aid training as a condition of receiving a learner's permit or renewing a driver's licence.
The Australian Government notes this recommendation.
The Government considers this to be a matter for state and territory governments, which have responsibility for driver licensing arrangements. Most have given consideration to the inclusion of a first aid training requirement at some stage but none have done so to date. The Government notes this recommendation may result in an additional requirement for learners and significantly increase the cost of licensing, becoming a further barrier to those already disadvantaged in obtaining a licence.
That the Senate take note of the report.
That the Senate take note of the document.
… heavy trucks were involved in 14.7 per cent of fatalities in 2016, despite making up just 3.13 per cent of registered vehicles …
… that, when something's contracted down two, three or four times and everyone takes their clip, the person down the bottom of that chain, whether it be a transport company or an owner operator, is paid a fair rate for the job that they're doing.
… I am unfortunately missing my grandson's first birthday for a job I would have otherwise turned down. Sacrificing our rest days and family life now is necessary to help keep the wheels turning in an attempt to ensure our business survives in a few months' time … We can't afford for rates to be lowered anywhere in the industry.
All that will happen if we undersell our work is that we all end up going bust.
That the Senate take note of the document.
That the Senate take note of the document.
That the Senate take note of the response.
That Senator Dodson replace Senator Kitching on the Finance and Public Administration Legislation Committee for the committee's inquiry into the provisions of the Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021, and Senator Kitching be appointed as a participating member.
Charter of the United Nations Amendment Bill 2021
Dental Benefits Amendment Bill 2021
Export Finance and Insurance Corporation Amendment (Equity Investments and Other Measures) Bill 2021
Treasury Laws Amendment (2021 Measures No. 6) Bill 2021
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
CHARTER OF THE UNITED NATIONS AMENDMENT BILL 2021
Australia has an obligation under the United Nations Security Council Resolution 1373 of 2001 to freeze the assets of individual terrorists and terrorist entities and prevent the provision of assets to those persons and entities.
To give effect to this obligation, the Charter of the United Nations Act 1945 provides for the listing of persons and entities associated with the commission of terrorist acts for the purpose of applying financial sanctions in respect of those listed.
The Charter of the United Nat ions Amendment Bill 2021 clarifies that counter-terrorism financial sanction listings are to be made as legislative instruments. The Bill puts beyond doubt any question of the enforceability of validly made listings to ensure that Australia's counter-terrorism legislative framework is able to operate as intended by Parliament to prevent and respond to the financing of terrorism. The proposed amendments do not alter the existing regulatory framework under theCharter of the United Nations Act 1945 which gives effect to our international obligations as a United Nations Member State.
The proposed amendments mean that counter-terrorism listings, once made, will be registered on the Federal Register of Legislation as legislative instruments in accordance with requirements under the Legislation Act 2003. Historically, counter-terrorism listings have been treated as being administrative in character and not registered on the Federal Register of Legislation. Instead, they have been published in the Commonwealth Gazette in accordance with the requirements of the Act as it currently exists. Counter-terrorism listings will continue to be set out in a Consolidated List which sets out all persons and entities who are subject to targeted financial sanctions under Australian sanctions law. This list is maintained by the Department of Foreign Affairs and Trade and published on the Department's website. The Bill contains provisions to preserve the enforceability of listings validly made under theCharter of the United Nations A ct 1945 prior to their registration on the Federal Register of Legislation.
The Australian Government is committed to preventing and suppressing terrorist acts to support international peace and security. One of the most effective ways to combat terrorism is to deny terrorists and terrorist entities the ability to access funds necessary for the commission of terrorist acts. The amendments in this Bill further promote public awareness of counter-terrorism sanctions listings while ensuring Australia continues to fully implement its international counter-terrorism sanctions obligations.
DENTAL BENEFITS AMENDMENT BILL 2021
The Dental Benefits Amendment Bill 2021 removes the lower age eligibility restriction from theDental Benefits Act 2008 to allow eligible children under 18 years of age, and newly including eligible children under two years of age, to access the Child Dental Benefits Schedule (CDBS).
Removing the lower age eligibility restriction of 2 years is based on the recommendations of the Report on Fourt h Review of the Dental Benefits Act 2008 (the Review) and follows consultation with stakeholders. The Review found that it was important to establish a positive initial dental experience and instil important oral hygiene practices at an early age to curb the negative stigma around dental practitioners and oral hygiene, which is reinforced if the initial dental experience requires serious treatment. If parents promote and practice good oral health hygiene with their children from a young age this will help prevent more serious dental decay as they grow up. This change will increase access to prevention and treatment services for younger children.
This amendment will expand the number of children who are eligible for the CDBS by around 300,000 per year and cost $5.4 million over four years. The CDBS has been in operation since 2014 and over that time has provided over $2.3 billion in benefits and delivered more than 38 million services to over 3 million Australian children.
The CDBS plays an important role in promoting the oral health of Australian children by providing access to basic dental services up to a cap of $1,013 in benefits over two calendar years. The CDBS helps children build good oral health and habits through to adulthood.
The CDBS is available in both the private and public sectors to allow the broadest range of service provision, choice and access to services in a range of settings and locations. The Government will continue to work with private and public providers to improve the delivery of dental services to Australia's children.
EXPORT FINANCE AND INSURANCE CORPORATION AMENDMENT (EQUITY INVESTMENT AND OTHER MEASURES) BILL 2021
The Export Finance and Insurance Corporation Amendment (Equity Investment and Other Measures) Bill will give Australia's export credit agency, Export Finance Australia, a new equity investment power and the ability to provide stand-alone overseas infrastructure guarantees. These initiatives will support infrastructure development in the Indo-Pacific and export-linked projects in Australia, as well as provide enhanced support for the financing activities of the Australian Infrastructure Financing Facility for the Pacific.
The amendments will bolster Export Finance Australia's ability to support Australia's national interests and priorities.They will enhance Export Finance Australia's capabilities, and will complement its existing suite of financing powers comprised of loans, guarantees, bonds and insurance.
This Bill enables Export Finance Australia to support the development of export-linked sectors of economic significance in Australia when other financing tools, both public and private, are either unavailable or inadequate.
This could include the development of critical minerals projects with an export focus. The ability to consider equity investments in critical minerals projects would better position Export Finance Australia to offer financially appropriate support. This will help position the Government to better support the development of this crucial sector.
This Bill gives Export Finance Australia more flexibility to support important infrastructure investments in the Indo-Pacific.
As outlined in the Government's 2017 Foreign Policy White Paper, Australia is committed to working with regional partners to build an Indo-Pacific that is safe, secure, and prosperous.
This bill enhances Export Finance Australia's ability to finance regional infrastructure. In 2019, the Government provided Export Finance Australia with the power to support overseas infrastructure projects in our region that benefit Australia and Australians. In broadening its financing powers to include equity, Export Finance Australia will be able to make investments in a greater range of infrastructure projects, and at an earlier stage of development.
Importantly, the equity power will also be made available to the Australian Infrastructure Financing Facility for the Pacific, further supporting Australia's Pacific Step-up.
Export Finance Australia will only make equity investments in certain circumstances.
When projects have strong commercial prospects, they should be funded commercially. Equity investments will be reserved for exceptional circumstances.
Following the passage of this bill, the Government will instruct Export Finance Australia to ensure equity investments are only considered for significant transactions that support Australia's national interests. This will ensure Export Finance Australia is not crowding out private market finance, but instead filling a gap in the market.
Debt solutions like loans, guarantees, and bonds will continue to be the mainstay of Export Finance Australia's support to Australian exporters and for infrastructure development in the region.
This Bill aligns Export Finance Australia with its international and domestic peers.
The ability to make equity investments will bring Export Finance Australia's capabilities in line with those of export credit agencies in other major economies, including the United States, China, Japan, Canada, and South Korea. These countries are already making equity investments in our region to support their development and commercial objectives.
In addition, other Australian Government financing agencies, like the Northern Australia Infrastructure Facility and Clean Energy Finance Corporation, are already able to make equity investments.
This Bill enables Export Finance Australia to provide stand-alone guarantees.
The ability to provide a guaranteeto an overseas infrastructure projectwithout also needing to provide a loan to that project will better support the lending activities of both Export Finance Australia and the Australian Infrastructure Financing Facility for the Pacific. It will allow greater efficiency and flexibility to support overseas infrastructure development, particularly in the Pacific, where transactions in local currencies delivered by local lenders - and guaranteed by Export Finance Australia - may be most appropriate.
The bill maintains Export Finance Australia's risk controls and commercially appropriate risk appetite.
Export Finance Australia will continue to conduct rigorous due diligence for equity investments in the same manner as other transactions. This includes robust environmental and social risk assessments.
Export Finance Australia has strong governance arrangements and financial management capabilities, as well as a proven track record of successfully implementing new mandates and functions. Export Finance Australia will establish new mechanisms and internal guidelines to ensure its new equity investment power is effectively implemented.
Export Finance Australia has an excellent track record of providing finance and sound commercial judgement, as evidenced by its historical write-off rate on its Commercial Account of less than one per cent. In 2019-20 Export Finance Australia supported 136 Australian businesses with $1.1 billion in support, enabling $2.45 billion of export contracts which supported 9,669 jobs in Australia.
I welcome the Senate Foreign Affairs, Defence and Trade Legislation Committee's examination of the Bill, and its support for providing Export Finance Australia with a new overseas equity investment power and a stand-alone guarantee power, and its recommendation that the Bill be passed.
On behalf of the Government, I would like to acknowledge and thank all those who made submissions. These are important matters for Australia and our regional neighbours.
Conclusion
This Bill will boost Export Finance Australia's important role in supporting Australia's economic growth and facilitating stronger links between Australian businesses and the Indo-Pacific region.
TREASURY LAWS AMENDMENT (2021 MEASURES NO. 6) BILL 2021
This Bill implements a number of streamlining and integrity measures and improves the visibility of superannuation assets during family law proceedings.
Schedule 1 to the Bill will amend the income tax law to ensure that no tax is payable on refunds of large-scale generation certificate shortfall charges.
This measure will apply to refunds paid since 1 January 2019.
Under the Renewabl e Energy (Electricity) Act 2000 , energy retailers and other liable entities must surrender large-scale generation certificates or pay a shortfall charge. This shortfall charge can be refunded where the outstanding certificates are surrendered within the allowable refund period.
This measure will clarify the operation of the income tax law for energy providers and will ensure that the market for large-scale generation certificates works as intended, meeting targets for clean energy while minimising costs for consumers.
Schedule 2 to the Bill will enable the Government to establish a more effective enforcement regime to encourage greater compliance with the industry codes of conduct by increasing the maximum civil pecuniary penalty amount from 300 to 600 penalty units ($133,200). For a breach of the Franchising Code by a corporation, the maximum civil penalty available will be the greater of $10 million, three times the benefit obtained from the contravention of the code, or 10 percent of annual turnover. For non-corporations, the maximum civil penalty available will be $500,000.
Appropriate penalties in the Franchising Code are necessary to provide a strong deterrent against breaches of the Code across the franchising sector, particularly by large multinational franchisors.
Schedule 3 to the Bill will reduce red tape and costs for self-managed superannuation funds and small Australian Prudential Regulation Authority funds by removing a redundant requirement for superannuation trustees to obtain an actuarial certificate when calculating exempt current pension income, where all members of the fund are fully in the retirement phase for the entire income year.
This measure delivers on a 2019-20 Budget commitment to reduce costs and simplify reporting for superannuation funds by streamlining some administrative requirements for the calculation of exempt current pension income. This is achieved by permitting affected funds to use the segregated method to calculate exempt current pension income.
Schedule 4 to the Bill will amend to the Competition and Consumer Act 2010 (CCA) to strengthen the industry codes framework and provide legal certainty that industry codes of conduct can confer powers and functions on third parties to the commercial relationship between industry participants.
Currently, the regulation making power does not explicitly extend to regulating third parties that assist in administrating or regulating functions those codes.
These amendments will remove unintended ambiguity by clarifying that these third-party roles are recognised and valid under industry codes. This will legal certainty for industry participants across the various codes and avoid risks of legal dispute in the future.
Schedule 5 to the Bill improves the visibility of superannuation assets during family law property proceedings.
Where one party is not forthcoming with their superannuation assets during these proceedings, it can be complex, costly and time consuming for the other party to access this information.
This Schedule amends the Family Law Act 1975 and theTaxation Administration Act 1953 to allow parties to family law proceedings in the Federal Circuit and Family Court, and the Family Court of Western Australia, to apply to the family court registries to request information from the Australian Taxation Office (ATO) that will assist them to identify their former partner's superannuation interests.
The amendments also allow for the development of a secure information sharing mechanism between the Courts and the ATO, as well as setting out the specific rules regarding the disclosure of this information. These amendments ensure this protected information cannot be accessed by unauthorised parties or shared outside of the specific context of permitted family law proceedings.
By supporting more just and equitable division of property, the amendments will help alleviate the financial hardship and negative impact on retirement incomes from separation.
Full details of the measures are contained in the Explanatory Memorandum.
Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020
Industry Research and Development Amendment (Industry Innovation and Science Australia) Bill 2021
Royal Commissions Amendment (Protection of Information) Bill 2021
Work Health and Safety Amendment (Norfolk Island) Bill 2021
Education Services for Overseas Students Amendment (Cost Recovery and Other Measures) Bill 2021
Education Services for Overseas Students (Registration Charges) Amendment Bill 2021
Education Services for Overseas Students (TPS Levies) Amendment Bill 2021
Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2021
Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021
Temporary migrant workers face significant barriers in pursuing complaints about exploitative treatment at work which emanate from strong power differentials between an employer and visa holder.
We strongly support this key recommendation. The Bill should be amended as recommended by Respect@Work to include a new positive duty on employers. Unlawful discrimination provisions only arise once a complaint has been made, which places too much burden on individual complainants. A new positive duty would complement (not duplicate) existing duties under WHS laws.
This would be a powerful tool to promote broad systemic and cultural change that sits outside of the current adversarial framework of discrimination law.
... the positive duty that already exists works for traditional physical health and safety risks; it is clearly not working for sexual harassment. Therefore, given the significant issue, we support there being a positive duty in the Sex Discrimination Act.
This would not impose an undue regulatory burden and would have a greater chance of reducing the cost of sexual harassment to business.
… given the significant issue—
we support there being a positive duty in the Sex Discrimination Act.
all the times I have been inappropriately touched or commented on, it has been by customers. I feel as if I can't tell them to stop because I don 't want to be rude to a customer.
Working in retail and fast food, our members are also exposed to an increased risk of sexual harassment due to their customer-facing roles, with one in five members sexually harassed by a customer. The impact that sexual harassment on workers is profound. A quarter of our members who experienced sexual harassment said that it negatively impacted their employment, career opportunities, and work. Almost half of those who have been sexually harassed reported experiencing mental health issues as a result, with six per cent reporting they'd experienced suicidal thoughts and four per cent with PTSD. Employers need to recognise the health and safety impacts of sexual harassment in the workplace and take steps to ensure the workplace is safe.
The government's response to Respect@Work falls well short of what the Respect@Work Report says is necessary to prevent sexual harassment and other forms of gendered violence at work. The government's decision to refuse to take the actions recommended by Respect@Work—an Inquiry commenced by them—to end sexual harassment and other forms of gendered violence in Australian workplaces is unforgivable. Workers at Parliament House and countless other workplaces around the country who have had the courage to speak up about these injustices deserve much better.
I call on all employers to join me in creating safe, gender-equal and inclusive workplaces, no matter their industry or size. This will require transparency, accountability and leadership.
Australian governments provide increased and recurrent funding to working women's centres to provide information, advice and assistance to vulnerable workers who experience sexual harassment, taking into account particular needs of workers facing intersectional discrimination. Australian governments should consider establishing or re-establishing working women's centres in jurisdictions where they do not currently exist.
The number of airport workers stood down due to flight cancellations across Tasmania has climbed from 30 to 100 as border closures continue to hurt the tourism sector.
We've seen a massive drop in revenue. There's just no tourists coming in. Three weeks ago I woke up and cried looking at my bank statement because I didn't know how I was going to pay staff.
AFCA did not feel it was right to ask consumers to invest considerable time and energy in pursuing such matters until it was clear there was a prospect that they may be paid compensation if awarded.
The focus is shifting away from destroying concentrations of al-Qaeda and Taliban forces in Afghanistan – a job now almost complete – to tracking down any remnants and preventing them from regrouping.
… ensuring that a tyrannical regime which provides safe haven for terrorists cannot take hold in Afghanistan again.
… the challenge is to ensure we see the Afghan national security forces able to take responsibility, full responsibility for security and stability in the province. That's when the job is done.
In the past few years we have had a huge increase in intimate partner rape … The biggest common denominator is consumption of porn by the offender. With offenders not able to differentiate between fantasy and reality … oblivious to injuries caused and never ever considering consent. We have seen a huge increase in deprivation of liberty, physical injuries, torture, drugging, filming and sharing footage without consent. …