The PRESIDENT (Senator the Hon. Slade Brockman) took the chair at 09:30, read prayers and made an acknowledgement of country.
National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Bill 2021
That this bill be now read a third time.
Electoral Legislation Amendment (Annual Disclosure Equality) 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.
Today I introduce the Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021 .
The Bill amends the Commonwealth Electoral Act 1918 (Electoral Act) and builds upon the significant reforms to the funding and disclosure regime to improve the consistency of the regulatory treatment of all political actors.
Reform is necessary to support the integrity of Australia's electoral system, by ensuring that Australia's world-class electoral funding and disclosure regime is consistent, and continues to provide transparency for Australian voters.
Annual Donation Disclosure
This Bill will provide consistency in the regulatory treatment for political donations received by parliamentarians. It is important that all parliamentarians, once elected, are subject to the same level of public accountability through disclosure of political donations to ensure ongoing transparency between election cycles.
The Bill will require parliamentarians who raise political donations directly to lodge an annual return to the Australian Electoral Commission (AEC) relating to gifts they received during the financial year. While political parties submit annual returns each and every year, in the absence of such structures elected independents have no annual disclosure obligations to the AEC at all. This reform removes the double standard currently in place.
The returns will apply to gifts given to members of the House of Representatives and Senators for a federal purpose - that is, for the purpose of incurring electoral expenditure, or creating or communicating electoral matter. The Bill will not require a parliamentarian to submit an annual return if they have not received such gifts during the relevant financial year, or if a gift has previously been reported in a candidate or Senate group return, or in a registered political party annual return.
Additionally, the disclosure obligations for donors will also be amended to require gifts for a federal purpose to a Parliamentarian that are, in total, equal to or above the disclosure threshold, to be reported in the donor's annual return.
Foreign Donations
This Bill will also ensure the consistent application of the foreign donations framework to members of the House of Representatives and Senators.
Under the measures in this Bill, Parliamentarians will be prohibited from receiving a gift for an amount equal to or greater than $1,000 from a foreign donor, or receiving a gift of more than $100 from a foreign donor for the purposes of electoral expenditure or creating or communicating electoral matter.
This means that Parliamentarians will be subject to the same foreign donations regime as when they are candidates for election, which is the same as other political actors such as political parties, Senate groups and political campaigners.
This amendment is necessary to support the integrity of Australia's electoral system by ensuring that foreign money is kept out of Australian elections.
Extending the disclosure period for candidate and Senate group election returns
The Electoral Act has long recognised that a range of political actors participate in Australian elections. This Bill makes several changes to the regulation of political actors, which are necessary to keep pace with modern campaigning practices and to ensure foreign donations are appropriately restricted.
The relevant disclosure obligations applicable to candidates and members of Senate groups will be extended to the period which is six months prior to the person or group announcing their candidacy or nomination in an election. This amendment increases transparency of the funding of election campaigns, removing the incentive for candidates to deliberately delay their announcement of candidacy in order to avoid financial disclosure obligations.
The extension of the disclosure period for candidates and Senate groups will also apply to the foreign donations framework. Under these provisions, a candidate or member of a Senate group must take "acceptable action" in relation to foreign donations within 6 weeks of the date of the gift, or the announcement of candidacy or nomination.
"Acceptable action" is a defined term under the Electoral Act and means that the candidate or Senate group that has received a gift from a foreign donor must return, repay or divest themselves of the value of that gift.
Conclusion
This Bill demonstrates the Government's commitment to improving the transparency and accountability of those involved in political finance and election campaigns.
These amendments strengthen the safeguards against foreign influence in the Australian political system and helps to ensure that political campaigning that targets Australians cannot be paid for by foreign donors.
… in the shadows, in the darkness, where no-one can see them, where no-one knows what they're up to, where no-one knows, really, who's backing them.
Donations of over $14,300 are subject to disclosure under the Commonwealth Electoral Act 1918.
This is the reason we require your personal details when making a donation. However, the Australian Labor Party has a policy of disclosing all donations over $1,000.
(1) Schedule 1, page 19 (after line 26), at the end of the Schedule, add:
Part 4 — Disclosure threshold
53 Subsection 287(1) (definition of disclosure threshold )
Omit "$13,800", substitute "$1,000".
54 Subsection 287(1) (note to the definition of disclosure threshold )
Repeal the note.
55 Subsection 287(1) (paragraph (a) of the definition of third party )
Omit "the disclosure threshold", substitute "$10,000".
56 Section 321A
Repeal the section.
The Senate divided. [11:08]
(The Acting Deputy President—Senator Askew)
(1) Schedule 1, item 24, page 6 (line 10), omit the item, substitute:
24 Section 302V
Before "Returns provided under this Division", insert "Gifts totalling more than the disclosure threshold that are made by a single person to the same member of the House of Representatives or the same Senator during a financial year for federal purposes must also be disclosed in a return provided to the Electoral Commission.".
(2) Schedule 1, page 19 (after line 26), at the end of the Schedule, add:
Part 5 — Proceeds of events
57 Subsection 287(1) (definition of regulated entity )
Omit "section 314B", substitute "sections 314AED and 314B".
58 Subsection 287(1)
Insert:
cost of an eventmeans the sum of amounts incurred for or in connection with the event by the person or entity who held the event.
proceeds of an event means the sum of amounts:
(a) received by the person or entity who held the event; and
(b) derived directly or indirectly from the event.
shared event cost: see section 287ABA.
59 After section 287AB
Insert:
287ABA Meaning of shared event cost
(1) The shared event cost of an event is the cost of the event, divided by the number of persons who attended the event.
(2) For the purposes of subsection (1), the number of persons who attended an event does not include a person who was present at the event only for the purpose of providing services, including but not limited to catering, entertainment or security services.
Example: The cost of an event was $10,000. 110 persons were present at the event. 10 persons were present only for the purpose of providing catering, entertainment and security services. 100 persons attended the event. The shared event cost is $100.
60 Section 302V
After:
Gifts totalling more than the disclosure threshold that are made by a single person to the same registered political party, State branch or significant third party during a financial year must also be disclosed in a return provided to the Electoral Commission.
insert:
If a gift of more than the disclosure threshold is made with the proceeds of an event meeting certain criteria, the return provided by the person who made the gift must include the details of persons who contributed (or on whose behalf a contribution was made) to such proceeds.
61 After subsection 305A(4)
Insert:
(4A) For the purposes of this section, if:
(a) a gift was made that was wholly or partly derived from the proceeds of an event; and
(b) the proceeds of the event were equal to or more than 115% of the cost of the event;
the required details of the gift are also:
(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and
(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.
62 After subsection 305B(3)
Insert:
(3AA) If:
(a) a gift was made that was wholly or partly derived from the proceeds of an event; and
(b) the proceeds of the event were equal to or more than 115% of the cost of the event;
the return must also set out:
(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and
(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.
63 S ection 314AAA
Before:
Returns provided under this Division are published by the Electoral Commissioner, on the Transparency Register, under section 320.
insert:
Regulated entities (including registered political parties and their State branches, candidates, members of groups, significant third parties, third parties and associated entities) provide returns each financial year to the Electoral Commissioner setting out details of certain events held by the regulated entity, including the proceeds of the event and the names and addresses of those who contributed (or on whose behalf a contribution was made) to such proceeds.
64 Before section 314AF
Insert:
314AEE Annual returns relating to proceeds of events
(1) This section applies if:
(a) a regulated entity holds an event during a financial year; and
(b) the proceeds of the event are equal to or more than 115% of the cost of the event; and
(c) the proceeds of the event exceed the cost of the event by an amount equal to or more than the disclosure threshold.
(2) A return for the financial year must be provided in accordance with this section by:
(a) if the regulated entity is a political entity, significant third party or associated entity—the agent or financial controller of the political entity, significant third party or associated entity; or
(b) if the regulated entity is a third party—the third party.
Civil penalty:
The higher of the following:
(a) 120 penalty units;
(b) if an amount is not disclosed under paragraph (4)(b) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed under that paragraph—3 times that amount.
(3) The return must be provided to the Electoral Commissioner within 16 weeks after the end of the financial year.
(4) The return must specify:
(a) the date of the event; and
(b) the proceeds of the event; and
(c) the cost of the event; and
(d) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and
(e) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.
(5) The return must be in the approved form.
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
SELECTION OF BILLS COMMITTEE
REPORT NO. 14 OF 2021
2 December 2021
MEMBERS OF THE CO MMITTEE
Senator Dean Smith (Government Whip, Chair)
Senator Perin Davey (The Nationals Whip)
Senator Stirling Griff (Centre Alliance Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Nick McKim (Australian Greens Whip)
Senator Anne Urquhart (Opposition Whip)
Senator Raff Ciccone
Senator Katy Gallagher
Senator Jacqui Lambie
Senator the Hon James McGrath
Senator Rex Patrick
Senator the Hon Anne Ruston
Secretary: Tim Bryant
Ph: 6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 14 OF 2021
1. The committee met in private session on Wednesday, 1 December 2021 at 8.10 pm.
2. The committee recommends that—
(a) the provisions of the Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021 bereferred immediately to the Economics Legislation Committee for inquiry and report by 3 February 2022 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Customs Amendment (Controlled Trials) Bill 2021 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 22 March 2022; and
(c) the provisions of the Health Legislation Amendment (Medicare Compliance and Other Measures) Bill 2021 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 21 April 2022.
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
5. The committee considered the following bills but was unable to reach agreement:
(Dean Smith)
Chair
2 December 2021
Appendix 1
Name of bill:
Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021
Reasons for referra1/principal issues for consideration:
Consideration of economy-wide impacts of Schedules 1-5, consideration of multinational tax evasion issues, consideration of the retirement income covenant, consideration of tax evasion issues arising from employee share schemes
Possible submissions or evidence from:
Tax Institute of Australia, accountant bodies, tax academics, finance industry bodies
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
16 January 2022, 18 January 2022
Possible reporting date:
3 February 2022
(signed)
A Urquhart
Whip/Selection of Bills Committee member
That the report be adopted.
At the end of the motion add "and, in respect of the Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021, the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 3 February 2022".
At the end of the motion, add "and the following bills not be referred to committees:
Religious Discrimination Bill 2021
Religious Discrimination (Consequential Amendments) Bill 2021; and
Human Rights Legislation Amendment Bill 2021".
That the bills be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 February 2022.
At the end of the motion, add:
"and, in respect of the COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021, the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 February 2022".
The Senate divided. [11:42]
(The President—Senator Brockman)
That—
(a) government business orders of the day as shown on the Order of Business be considered from 12.15 pm;
(b) government business then be called on and considered till not later than 1.30 pm; and
(c) general business notice of motion no. 1296 be considered during general business today.
That leave of absence be granted to Senator Sheldon for 2 December for personal reasons.
That the Senate—
(a) notes with concern reports of threats of violence towards health workers, health officials, premiers and elected officials in response to measures that have protected the lives and livelihoods of Australians throughout the COVID-19 pandemic;
(b) calls on all Australians to undertake protests peacefully, respectfully and not engage in conduct that threatens peaceful activity across our country;
(c) notes that extremism in all forms tears apart the social fabric of Australia, in particular across our multicultural communities;
(d) condemns without reservation or qualification all threats, acts and incitement of violence, including any expressed at recent protests and online;
(e) further condemns individuals and extremist groups which seek to promote or incite violence, disinformation, neo-Nazism, anti-Semitism, Islamophobia, fascism, communism, anarchism, racism and bigotry in our community;
(f) calls on all in public office to set an example by refraining from incitement of violence or threats of violence and the dissemination of disinformation;
(g) thanks all Australians who have accepted the health advice and worked together through the COVID-19 pandemic to keep each other safe, particularly the more than 19 million Australians who have already had at least one dose of a vaccination.
That, in accordance with subsection 10B(2) of the Health Insurance Act 1973 , the Senate approves the Health Insurance (Extended Medicare Safety Net) Amendment (Indexation) Determination 2021, made under subsection 10B(1) of the Act on 21 November 2021.
That so much of standing orders be suspended as would prevent the motion being moved immediately and determined without amendment or debate and ask that the question be put.
The Senate divided. [11:59]
(The President—Senator Brockman)
That the amendments to standing orders relating to the routine of business, formal motions and notices of motion agreed to as a temporary order on 24 June 2021 take effect as a permanent order, with the following changes:
(1) Standing order 66(5)(a), after "legislation", insert "by the Senate".
(2) Standing order 66(5)(c), after "the conduct of", insert "Senate or joint".
(3) Omit standing order 76(7A), substitute:
(7A) A general business notice of motion shall not exceed 200 words unless it is a motion for which a request for formality may be made in accordance with standing order 66(5).
The Senate divided. [12:01]
(The President—Senator Brockman)
That there be laid on the table by the Minister representing the Minister for the Environment, by no later than 8 February 2022, all submissions made in respect of the public consultation on the proposed changes to conservation planning decisions, as advertised on the Department of Agriculture, Water and Environment website, which was open from 17 September to 2 November 2021.
The Senate divided. [12:08]
(The President—Senator Brockman)
That—
(a) there be laid on the table by the Minister representing the Minister for Indigenous Australians, by no later than 3.30 pm on Thursday, 9 December 2021, the most recent Stronger Futures package evaluation, due to be completed in 2019-20 under the National Partnership Agreement on Stronger Futures in the Northern Territory; and
(b) if the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
The Senate divided. [12:17]
(The President—Senator Brockman)
Health Insurance Amendment (Enhancing the Bonded Medical Program and Other Measures) Bill 2021
That the bill be now read a third time.
Electoral Legislation Amendment (Assurance of Senate Counting) 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.
Today I introduce the Electoral Legislation Amendment (Assurance of Senate Counting) Bill 2021. This Bill responds to recommendations from the Joint Standing Committee on Electoral Matters Report on the conduct of the 2016 federal election and matters related thereto , and amends theCommonwealth Electoral Act 1918 to assure the security, accuracy and transparency of the computerised scrutiny of Senate votes.
The Bill also makes technical amendments to streamline the process for counting Senate ballots in computerised scrutiny, and to clarify the procedure for resolving ties between candidates.
Security assurance
This Bill requires the Electoral Commissioner to arrange for a security risk assessment of the systems used for the computerised scrutiny of votes in a Senate election. The assessment must be conducted by an independent provider who is accredited by the Australian Signals Directorate.
The assessment must be conducted before a Senate election, and following the assessment the Electoral Commissioner must publish a statement on the Australian Electoral Commission's website advising of its completion.
Ballot paper sampling
This Bill further requires the Electoral Commissioner to assure the accuracy of the computerised scrutiny of Senate votes by arranging a statistically significant sample of ballot papers to be checked during course of the scrutiny, at each counting centre. This will compare the electronic data captured by the computerised count with physical ballot papers.
The Electoral Commissioner must publish the methodology to be used for the ballot sampling process and the process used for reconciling preferences before the election, as well as the outcomes of the sampling process after the election.
This ballot sampling process is not part of the scrutiny for the election. However, for transparency, scrutineers may inspect this process.
Right of scrutineers to access ballot papers
Candidate scrutineers play an important role in the ensuring the transparency and integrity of Australia's electoral system. This Bill grants scrutineers the right to request a physical ballot paper to be recalled during the computerised scrutiny of Senate votes in cases where the scrutineer makes a challenge that is unable to be resolved on the scanned computer image of the ballot paper. This will allow the challenge to be resolved on the original, physical ballot paper.
Only an Australian Electoral Officer, a Commonwealth statutory office holder, may refuse a scrutineer's request. This request can be refused only if it would unreasonably delay the scrutiny of votes, due to multiple instances of frivolous or vexatious behaviour on account of the scrutineer, and where such behaviour could risk the return of the writs prior to the 1 July commencement of Senate terms.
Counting votes and publishing information
The Bill also makes a technical amendment to how ties between continuing candidates in a Senate election are resolved. This is to address any unintended results that may occur in the rare case of a tie between three or more candidates. It also ensures that in instances where two or more candidates are in an unbreakable tie during the count, that the exclusions are determined 'by lot', as occurs in the House of Representatives.
The Bill further amends the Act to clarify that the 'bulk exclusion' process is not required to be used in the computerised scrutiny process. The 'bulk exclusion' process simplifies the manual counting of Senate ballot papers, but is unnecessary in a computerised count.
To support transparency and public confidence in electoral outcomes, the Bill requires the Electoral Commissioner to publish detailed data on votes and preferences in a Senate election within seven days after the return of the writs.
Accuracy assurance
This Bill also requires, the Electoral Commissioner to arrange for an independent accuracy assessment of the counting software used in the computerised scrutiny of Senate votes.
This highly technical assessment is to provide the public with confidence that the software used distributes preferences and counts votes in accordance with the processes set out in the Electoral Act.
The Electoral Commissioner must publish a statement on the Australian Electoral Commission's website advising the software accuracy assessment has been completed, and to advise whether the accuracy of the software has been assured to the appropriate standard.
No more than seven days before the election, the Electoral Commissioner must publicly verify that the software to be used in the computerised Senate scrutiny is the assured version, and must further advise of any variations to the software within seven days of the return of the writ.
Conclusi on
This Bill demonstrates the Government's commitment to supporting voter confidence in election processes and the legitimacy of election results, which is essential to the integrity of Australia's democracy.
I commend the Bill to the House.
That the bill be now read a third time.
Electoral Legislation Amendment (Contingency Measures) Bill 2021
That this bill may proceed without formalities and be now read a first time.
That the bill be now read a second time.
ELECTORAL LEGISLATION AMENDMENT (CONTINGENCY MEASURES) BILL 2021
SECOND READING SPEECH
Today I introduce the Electoral Legislation Amendment (Contingency Measures) Bill 2021.
Elections are a critical part of Australia's system of representative government. It is vital to the continuing success of Australia's democracy that Australians are able to participate in the electoral process, and exercise their franchise safely, whatever the situation.
The Bill future-proofs the Commonwealth Electoral Act 1918, by enabling the Australian Electoral Commission (AEC) to duly conduct elections in situations where a Commonwealth emergency declaration is in place.
The measures in this Bill respond to recommendations of the Joint Standing Committee on Electoral Matters Report of the inquiry on the future conduct of elections operating during times of emergency situations.
Modification powers
The Bill introduces powers for the Electoral Commissioner to make limited operational modifications to the Electoral Act by legislative instrument where a Commonwealth emergency law is in force, to a region, or sub-region covered by the emergency law.
The modification powers granted to the Electoral Commissioner are limited to the following in the specified emergency area:
The Bill also enables the Electoral Commissioner to allow persons to travel, or be present for campaigning activities within 100 metres of a polling place, and actions under the Electoral Act, such as the ballot draw or attend the scrutiny.
These modification powers can only be exercised when a Commonwealth emergency law is in force and the emergency interferes with the safe conduct of an election. Modifications will also be limited to the specified geographical area affected by the emergency. The specified area can be a subset of the area affected by the emergency law.
Before making a modification, the Electoral Commissioner will be required to notify the Prime Minister and the Leader of the Opposition in writing, including the reasons why any modifications are considered necessary.
The Electoral Commissioner will also be required to publish the legislative instrument detailing these modifications on the AEC website as well as the Federal Register of Legislation.
This modification power can only be in effect for as long as the Commonwealth emergency law is in force or until the return of the writs for the election, whichever occurs first.
Temporary suspension and adjournment of the polling
The Bill amends the existing power to adjourn or temporarily suspend the polling by up-lifting the decision-making authority from the presiding officer of each polling place to the Electoral Commissioner.
This amendment aligns the power to temporarily suspend or adjourn polling with the decision making authority of the Electoral Commissioner, reflecting the significance of the decision to adjourn or suspend polling as a measure of last resort.
Where polling has been adjourned, the commencement of the scrutiny of House of Representatives votes for that Division will be delayed until the close of polls for the adjourned polling place.
While the scrutiny of Senate ballots can proceed, the release of any information about the Senate election in a Division where polling has been adjourned will also be prohibited. This prohibition is lifted following the close of polls at the adjourned polling.
This is to protect the integrity of the election result by ensuring electors can cast their vote free from the influence of any indicative results which may have otherwise been released.
Postal Voting
This Bill also provides additional flexibility for the AEC when printing postal vote certificates, to assist in managing the heightened demand for postal votes along with supply chain disruptions that can occur in emergency situations.
This amendment safeguard electors' ability to cast a postal vote in an emergency situation if they are unable to attend a polling place.
Conclusion
These amendments will assist the AEC to conduct safe, efficient and timely elections, and ensure continued public confidence in Australian elections.
That this bill be now read a third time.
Veterans' Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Bill 2021
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Government's commitment to improving support to veterans never stops. Today I introduce legislation to the Senate that will cut red-tape and streamline assistance to veterans and improve their wellbeing.
The Government's reforms address recommendations made by Mr David Tune AO PSM in his Independent Review into the TPI Payment and the Productivity Commission's reportA Better Way to Suppor t Veterans .
The Government has listened to the needs of the veteran community and announced through the 2021-22 Budget its intention to bring forward these important changes to 1 January 2022 − more than eight months earlier than first announced.
These reforms will simplify the administration of some payments for veterans and their dependents.
This will be done by exempting Disability Payments from Income Testing under the Social Security Act 1991 for 14,000 veterans and dependents.
The Government will also increase access to rent assistance for our most disabled veterans.
This will benefit approximately 6,900 veterans and their dependents.
Specifically, the first Schedule will implement the Government's commitment to exempt the Adjusted Disability Pension − defined in the Veterans' Entitlements Act 1986 − from the income test under theSocial Security Act .
This will remove the need for the Defence Force Income Support Allowance, known as DFISA.
Introduced in 2004, DFISA was paid as a top-up to ensure that veterans who received an age pension under the Social Security Act ,were not financially disadvantaged.
Changes in this schedule will ensure that veterans will receive the same payment as before, but the administrative process will be much simpler.
While an administrative change, this will make DFISA redundant and this Bill will remove all relevant references to DFISA from the Veterans' Entitlements Act .
The second Schedule will remove the 'disability income rent test' from the Veterans' Entitlements Act .
This will mean that disabled veterans will now have access to the same rent assistance as those who receive it from Centrelink.
This will increase rent assistance payable, or enable some disabled veterans to receive rent assistance for the first time.
The 'disability income rent test' results in severely disabled veterans receiving less rent assistance than those with a lower level of disability.
In particular, this measure will benefit Totally and Permanently Incapacitated (TPI) veterans who presently do not receive any rent assistance due to the amount of compensation they receive.
The third Schedule will remove references to the term 'Disability Pension' in the Veterans' Entitlements Act .
In future, this payment will be referred to as the 'Disability Compensation Payment'.
This change will clarify that these payments are compensation and will reduce the potential for the payment to be confused with Department of Social Services disability support pensions.
The measures contained in these first three Schedules will commence on 1 January 2022.
The Bill's fourth Schedule relates to the simplification of pension indexation.
Currently the Extreme Disablement Adjustment, Intermediate Rate and Special Rate pensions − colloquially known as the 'TPI payment' − are split into two components for indexation purposes.
Each is indexed separately.
The fourth Schedule will remove this anomaly, so that the whole amount is indexed as one.
This measure will commence on 20 September 2022.
This will simplify DVA's legislation, policy and procedures.
It will also help avoid confusion for veterans about the purpose and structure of the Extreme Disablement Adjustment, Intermediate and Special rates of disability pension.
The fifth Schedule in the Bill introduces a pilot program for earlier access to rehabilitation.
This non-liability rehabilitation pilot will enable individuals to commence DVA-funded rehabilitation before a liability decision has been made under the Milit ary Rehabilitation and Compensation Act 2004 or theSafety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.
The Government announced this measure in the 2021-22 Budget in response to Recommendation 6.3 from the Productivity Commission's Report A Better Way to Support Veterans .
This Report had noted that existing legislative requirements made it challenging to provide timely rehabilitation services.
Under these amendments, a two-year pilot will be established to bridge that gap to enable veterans to start their rehabilitation program sooner.
This measure aims to encourage, and enable access to, voluntary rehabilitation for 100 veterans for each of the two years of the pilot.
As the Australian Defence Veterans' Covenant states: 'For what they have done, this we will do'.
Australia owes a great debt of gratitude to all our veterans.
This Bill provides new measures to better support the wellbeing of them and their families.
We want our veterans to know that Australia is proud of them and that our country will always be there for them.
That this bill be now read a third time.
Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021
The committee divided. [12:55]
(The Temporary Chair—Senator Walsh)
That this bill be now read a third time.
That leave of absence be granted to Senator Thorpe for 2 December for personal reasons.
Territories Stolen Generations Redress Scheme (Consequential Amendments) Bill 2021
Territories Stolen Generations Redress Scheme (Facilitation) Bill 2021
When she was 15 and a half they took her to Hermannsburg and married her up to an Aranda man. That's a no-no.
… when Mum was 3, they ended up taking Mum from Hermannsburg, putting her in The Bungalow until she was 11. And then they sent her to Mulgoa mission in New South Wales. From there they sent her to Carlingford Girls' Home to be a maid.
One of them came back in 1992. He just has that many problems. The others – we don't know where they are. So it's like we've still got a broken family.
I was taken away in 1950 when I was 6 hours old from hospital and put into Retta Dixon until I was 2 months old and then sent to Garden Point. I lived in Garden Point until 1964.
… I always say that some of it was the happiest time of my life; others it was the saddest time of my life. The happiest time was, 'Yippee! all these other kids there'. You know, you got to play with them every day. The saddest times were the abuse. Not only the physical abuse, the sexual abuse by the priests over there. And they were the saddest because if you were to tell anyone, well, the priests threatened that they would actually come and get you.
… And just every day you used to get hidings with the stock-whip. Doesn't matter what you did wrong, you'd get a hiding with the stock-whip.
In 1977 I had three children. … All those kids were taken off me. The reason behind that was, well, I'd asked my girl-friend and so-called sister-in-law if she could look after my kids … while I was in hospital for three months …
I couldn't get my kids back when I came out of hospital. And I fought the welfare system for ten years and still couldn't get 'em. I gave up after ten years. …
And with my daughter, well she came back in '88 but things just aren't working out there. She blames me for everything that went wrong. She's got this hate about her – doesn't want to know. The two boys know where I am but turned around and said to us, 'You're not our mother – we know who our real mother is'.
So every day of your bloody life you just get hurt all the time …
There was no food, nothing. We was all huddled up in a room … like a little puppy-dog …on the floor … Sometimes at night time we'd cry with hunger, no food … We had to scrounge in the town dump, eating old bread, smashing tomato sauce bottles, licking them. Half of the time the food we got was from the rubbish dump.
I remember this woman saying to me, 'Your mother's dead, you've got no mother now. That's why you're here with us'. Then about two years after that my mother and my mother's sister all came to The Bungalow but they weren't allowed to visit us because they were black. They had to sneak around onto the hills. Each mother was picking out which they think was their children. And this other girl said, 'Your mother up there'. And because they told me that she was dead, I said, 'No, that's not my mother. I haven't got a black mother'.
That these bills be now read a third time.
Corporations Amendment (Meetings and Documents) 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 Corporations Amendment (Meetings and Documents) Bill 2021 (the Bill) makes permanent the ability for companies, registered schemes and their officers to use digital technologies to meet Corporations Act 2001 andCorporations Regulations 2001 requirements in respect of meetings, sending meeting-related materials and executing company documents.
These reforms follow the temporary relief initially provided on 5 May 2020 through the Treasurer's instrument-making power, and then renewed through the passing of the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 as part of the Government's response to the Coronavirus crisis. As this relief is to expire on 31 March 2022, permanent reforms are necessary so that companies know their obligations and can get on with business.
The reforms contain enhancements to the temporary relief measures, and reflect feedback received during consultation. These enhancements ensure that companies are required to meet the same substantive regulatory standards regardless of how a meeting is held. Specifically, it requires companies to give shareholders a reasonable opportunity to participate, including the ability to speak or ask questions orally and in writing. It also provides shareholders that own at least 5 per cent of voting power to request an independent report or observation of a poll taken at the meeting.
It also provides companies and registered schemes with the flexibility to notify and provide documents in hard or electronic copy, and ensures that members have the opportunity to elect to receive documents in their preferred form.
The reforms allow documents to be signed and executed in flexible and technology-neutral ways to ensure that, regardless of whether company officers execute documents electronically or physically, the execution will be valid. The reforms extend the ability of company agents to make contracts and execute documents - including deeds - flexibly.
The Government will continue to ensure that regulatory settings are fit-for-purpose as we deal with and emerge from the Coronavirus crisis, as part of Australia's Economic Recovery Plan to create jobs, rebuild our economy and secure Australia's future.
Finally, the Legislative and Governance Forum on Corporations was consulted in relation to the Bill and has approved them as required under the Corporations Agreement 2002 .
Full details of the measure are contained in the Explanatory Memorandum.
Electoral Legislation Amendment (Political Campaigners) Bill 2021
That the Senate take note of the statement.
The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence.
That the Senate take note of the minister's answer.
That the Senate take note of the answers given by the Minister for Finance (Senator Birmingham) and the Minister for Sport and Minister for Senior Australians and Aged Care Services (Senator Colbeck) to the questions without notice asked today by Senator Gallagher, Senator Ayres and Senator Ciccone.
That the Senate take note of the answers given by the Minister representing the Minister for Resources and Water (Senator Ruston) to questions without notice asked by Senator Cox today relating to climate change and the gas industry.
That the Senate take note of the report.
Budget estimates 2021-22—Community Affairs Legislation Committee—Hansard record of proceedings, documents presented to the committee and additional information.
That the Senate take note of the report.
That the Senate take note of the report.
Last February I went into the primary schools around Orbost, Bairnsdale, Mallacoota—that East Gippsland area—and the feel that I got from entering the school was quite eerie. The children were very repressed and depressed. There was no children's noise in the playground. There was no joy there. Even in the play, it wasn't play.
These children had such heightened levels of adrenaline that they didn't know if they were afraid, if they were angry, if they were just wanting to go away and hide or curl up in a ball, or all of those things.
We are sick and tired of re-identifying ourselves as ''Bushfire Impacted''. Every program across all of government loses us half a day of our time and induces further trauma in the re-identification processes.
I heard volunteers on the radio, because they were crying out for help. I decided to try and get help for them but I ran into a brick wall.
… I didn't realise that I needed counselling … it was because we lost two very good staff … and that really angered me and upset me … unfortunately, I couldn't arrange it for other people.
There was a young guy, who was about 17 and had not long ago joined the brigade. I don't know what's going to happen to him in the future—whether he's going to have some mental issues. Hopefully he won't. … hopefully he's okay, but we won't know.
Having to make grant applications, potentially missing out on those grant applications, having to change expectations and planning around what you get and what you don't get and then having to actually project manager … carries with it a significant degree of stress for a farming population who are already attempting to undertake three jobs.
That the Senate take note of the report.
Yes, it's cement and it is bitumen and it's all of these things, but what it is really about is how we are really committed to families, to ensure that people get home sooner and safer in this big city of ours, or in the big city of Melbourne or Brisbane or over in Perth or wherever it happens to be.
If you let one program slip, such as the constraints relaxation, it does create big deficiencies in the delivery of other outcomes …
Without that outcome—
the whole Basin Plan is jeopardised.
That the Senate take note of the report.
On behalf of the Joint Standing Committee on Foreign Affairs, Defence and Trade, I present the Committee's report, entitled:
Advocating for the elimination of child and forced marriage: Interim Report for the inquiry into certain aspects of the Department of Foreign Affairs and Trade Annual Report 2019-20.
The Committee recognises actions already being taken by the Australian Government and NGOs within the context of actions to prevent modern slavery. In the Report the Committee makes nine recommendations which would result in an increased focus on measures and funding to specifically combat Child and Forced Marriage including a repatriation protocol for Australians overseas who are in or at risk of forced marriage.
The tenet that marriage should only be entered into with the free and full consent of both parties has been reiterated across human rights treaties over time, including the 1948 Universal Declaration of Human Rights.
However, the world is not on track to eliminate child and forced marriage by 2030, as committed by nations as part of the United Nations Sustainable Development Goals.
Through this inquiry, the Committee learnt of the work undertaken by the Australian Government on child and forced marriage in recent years, situated as it is among broader human trafficking and modem slavery issues. This an issue that has been viewed from several perspectives, with a role for the Australian Government to:
Assistance to make progress on the issues that underlie child and forced marriage practices is also needed. The Committee has heard through contributions to its inquiry that open community dialogue, education and women's empowerment can shift social norms and create environments that discourage the practice.
The Committee was grateful for the informed advice that was provided to it in submissions and hearings from NGOs that are operating in this area. The Committee thanks Anti-Slavery Australia, ACRATH and Walk Free for their valuable contributions.
The Committee also thanks the Australian Government officials for their contribution to the Committee's work. While the Committee has focused on the international advocacy that Australia undertakes, child and forced marriage is an issue that involves a wide range of government departments, including the Department of Foreign Affairs and Trade, Australian Federal Police, Department of Home Affairs and Australian Border Force.
This work was conducted as part of the Committee's current inquiry into the Annual Report of the Department of Foreign Affairs and Trade 2019-2020. Details of the inquiry are available from the Committee's website.
I commend the report to the Senate.
Australian Government Response to the Senate Foreign Affairs, Defence and Trade References Committee:
Inquiry into the accuracy of information provided to Defence Force Retirement and Death Benefits (DFRDB) members.
Recommendation 1
The committee recommends that the Australian Government consider ways to improve members' understanding of DFRDB and other military superannuation schemes. This could include additional information and education for ADF recruits and officer cadets, and ongoing updates for ADF personnel. It could also comprise a dedicated website or webpage for members, including a summary of the scheme and information on a member's contributions history and any residual pension payable.
The Australian Government supports Recommendation 1 of the Senate Foreign Affairs, Defence and Trade Committee's findings. The Australian Government notes that the Department of Defence has implemented a continuous improvement approach to the education of Australian Defence Force (ADF) members on financial matters including their understanding of the DFRDB and other military superannuation arrangements. This is done through a variety of mediums including: Defence's Pay and Conditions website, and the information and education services provided by the ADF Financial Services Consumer Centre and the Commonwealth Superannuation Corporation (CSC).
In 2006 the Chief of the Defence Force established the ADF Financial Services Consumer Centre (ADF Consumer). ADF Consumer operates pursuant to a charter from the Chief of Defence Force in support of the Australian Government's National Financial Capability Strategy. They administer and deliver Defence's financial literacy education service for ADF members and their families. Their aim is to help ADF members and their families become more financially capable; This includes providing a range of information regarding the DFRDB, Military Superannuation and Benefits Scheme and ADF Super, in consultation with CSC.
ADF Consumer works closely with CSC and delivers seminars to ADF members in different stages of their service, such as at initial training and transition to civilian life. In an average year, ADF Consumer delivers around 150 seminars on various financial topics for approximately 15,000 members. In addition, CSC's member education team provides on- base presentations to ADF members which provide superannuation scheme overviews and free individual member consultation to all ADF members.
In 2020-21 CSC delivered 231 seminars throughout the year, 150 of which were live webinars (due to COVID travel restrictions) and 4,000 one-on-one consultations to individual members.
Recommendation 2
The committee recommends that the Australian Government consider more assistance for DFRDB members to make claims under the Compensation for Detriment caused by Defective Administration (CDDA) scheme and appeal any adverse decisions or a separate reparation payments scheme for DFRDB members who are unsuccessful under the CDDA scheme to recognise the government's moral obligation to address any confusion and distress caused by defective administration. Where a CDDA claim was successful, compensation could include any professional costs expended in preparation of the claim, and legal and other professional costs if a claimant successfully appealed an adverse finding. Further, where the claimant's CDDA appeal was unsuccessful, the Commonwealth should consider not applying for costs to be awarded against the claimant.
The Australian Government partially supports Recommendation 2 of the Senate Committee's findings.
With regards to the Committee's recommendation about a separate reparation payments scheme for DFRDB members who are unsuccessful under the CDDA scheme, the Australian Government suggests that any such scheme would create perverse outcomes to different groups of DFRDB members. The Commonwealth Ombudsman, Mr Michael Manthorpe, outlined this issue in his public hearing statement on 20 May 2021 to the Senate Committee:
"... I stopped short of recommending that the government pay compensation or some form of reparation as, in my view, to do so would have: cr eated new inequities between different groups; potentially produced an unjustified windfall for those who properly understood the scheme, at taxpayers' expense; and presumed to set aside what parliament had intended in the first place."
The Committee suggests a range of recommendations regarding the CDDA scheme.
The Australian Government supports this aspect of Recommendation 2. For members who believe they have sustained financial detriment as a result of their decision to commute, the Department of Defence has implemented an approach involving a tailored CDDA claim form intended to direct members' attention to the issues critical to the determination of their claim. Also, when claims are acknowledged, members receive a personalised email responding to the specific issues arising in their claim. Members are also given the name and contact details of a specific case manager who is available to discuss the claim with them, or correspond with them, depending on their preference.
It is noted that both the Commonwealth Ombudsman and the Committee report indicate that it is unlikely a member has suffered a financial detriment and therefore the likelihood of any member being successful appears to be limited.
The Committee report stated that:
"5.11 Despite the findin gs of the Commonwealth Ombudsman, some DFRDB members remain strongly of the view that they have suffered financial detriment based on their understanding at the time, which is actually a misunderstanding of how the scheme operates. In other words, the fina ncial detriment is perceived rather than actual as it compares their current financial situation to a scheme that does not exist in law, ie claiming an actual Joss as opposed to a financial disappointment."
There is a balance to be struck when dealing with claimants, between giving them the· assistance they need to put their best case forward, and also managing their expectations. This is necessary to ensure that claimants are not given unrealistic expectations about their prospects for success. The Department of Defence has found to date that some members have been misinformed about the Ombudsman's report and the Committee's conclusions, and have been encouraged to claim based on a false factual. foundation. As the Ombudsman put it in his report:
"It would do a disservice to falsely raise hopes of compensation among the members. Futile claims result merely in further inconvenience and frustration to the member, and an unnecessary use of public resources for assessment processes."
If claimants disagree with specific aspects of the decision or present new evidence, their decision will be reviewed internally by a different decision-maker.
Subject to the rules in the CDDA Guidelines published by the Department of Finance, payment of professional costs for successful claims is an issue that Defence could consider on a case by case basis. In fact, claimants generally do not need professional advice to make a claim. Their argument is generally straightforward so there is no legal or financial complexity which requires specialist assistance.
Australian Government response to the Joint Standing Committee on Electoral Matters' report:
Report of the inquiry on the future conduct of elections operating during times of emergency situations
Introduction
The Australian Government is committed to ensuring voters, political actors and Government officials are able to safely participate in the conduct of an election during times of emergency situations.
On 24 June 2021, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report entitled Report of the inquiry on the future conduct of elections operating during times of emergency situations (the Report).
On 28 October 2021, the Electoral Legislation Amendment (Contingency Measures) Bill 2021 (the Bill) was introduced into the House of Representatives.
The Bill:
a) amends the Electoral Act to enable the Electoral Commissioner to modify the operation of certain aspects of the conduct of elections when a Commonwealth emergency law is in force; and
b) addresses the recommendations in the Report.
The recommendations of the Report are addressed in detail below.
Government Response to the Joint Standing Committee on Electoral Matters report:
Report of the inquiry on the future conduct of elections operatin g during times of emergency situations
Biosecurity Amendment (Enhanced Risk Management) Bill 2021
Mitochondrial Donation Law Reform (Maeve's Law) 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.
Biosecurity Amendment (Enhanced Risk Management) Bill 2021
The COVID-19 pandemic has tested Australia's human biosecurity systems in an unprecedented way. It has highlighted the rate at which a biosecurity threat can spread between countries and around the world. The spread of exotic pests and diseases is putting unprecedented pressure on our border, and our biosecurity system must continue to evolve to keep pace with these new threats.
Through this pandemic, international maritime vessels have emerged as a significant risk pathway for biosecurity threats to enter Australia. This Bill will amend the Biosecurity Act to provide an improved framework to assess and manage incoming vessels and aircraft where infectious disease risks have been identified on board. These amendments are consistent with recommendations made by the Inspector-General of Biosecurity in his review of the Ruby Princess cruise ship incident, which I commissioned.
The Bill will expand pre-arrival reporting requirements, ensuring accurate and up-to-date information is available to assess the human health risk of arriving vessels and aircraft. It will also expand and strengthen penalties for operators and persons in charge of aircraft and vessels who do not comply with pratique requirements.
It will also provide a mechanism to manage groups of people, such as on board a cruise ship, where passengers or crew display signs or symptoms of a listed human disease, or have been exposed to such a disease. In these circumstances, human biosecurity officers will be able to effectively assess and manage the risks of that disease spreading or entering Australia.
We all look forward to the safe reopening of Australia's borders and this Bill will play an important part in supporting this by reducing the potential for the entry, emergence, establishment and spread of listed human diseases while facilitating a critical step towards a national economic recovery following the COVID-19 pandemic.
Currently, Australia is one of the few countries in the world that is free of serious pests and diseases. This means our current biosecurity system is serving our country well. It has been instrumental in successfully protecting our $51 billion agriculture export industries, our unique environment, our native flora and fauna, and our way of life.
However, Australia's biosecurity system is facing growing regional and global threats such as African Swine Fever and hitchhiker pests like khapra beetle and Brown Marmorated Stink Bug. Higher mail and cargo volumes and complex supply chains, together with the anticipated return to growing international passenger arrivals, increase the opportunities for pests and diseases to enter Australia. The constantly evolving biosecurity environment and risk profile has heightened the need for enhanced risk management to respond effectively to emerging biosecurity risks and future challenges.
This Bill will enhance the ability of the Biosecurity Act to meet these challenges. It will increase transparency and efficiency of administrative processes in the Biosecurity Act, such as those involved in conducting a risk assessment for the purposes of making certain determinations or granting an import permit. The Bill will also introduce into the Biosecurity Act a framework to provide legislative authority to the Agriculture and Health Ministers to make, vary and administer arrangements or grants for expenditure in relation to biosecurity-related programs and activities such as the National Citrus Canker Eradication Program that successfully eradicated the citrus canker outbreak in the Northern Territory and saved Australia's $800 million citrus industry.
The Bill will also amend the Biosecurity Act to increase certain key civil and criminal pecuniary penalty provisions to promote deterrence and enable a proportionate response, reflecting the seriousness of the contravention of these provisions and the consequences that may result from non-compliance. The increased civil penalties introduced by this Bill will serve as a significant deterrent to anybody considering undermining our biosecurity laws and the criminal penalties will allow a proportionate and appropriate punishment for contraventions of the Act.
This Government is committed to continuous improvement across our world leading biosecurity system. That is why this Government announced funding of over $400 million for biosecurity in the 2021/22 budget. The Biosecurity Act is the central pillar of our defence against current and emerging biosecurity threats, and this Bill will enhance our biosecurity framework by improving the efficiency and administration of the Biosecurity Act.
This Bill ensures continued protection for agriculture, tourism and other industries, plant and animal health, the environment, and our market access while providing a stronger biosecurity risk management framework and contributing to a safe reopening of Australia's international borders.
MITOCHONDRIAL DONATION LAW REFORM (MAEVE'S LAW) BILL 2021
SECOND READING SPEECH
This Bill amends the Prohibition of Human Cloning for Reproduction Act 2002 and theResearch Involving Human Embryos Act 2002 to make mitochondrial donation legal in Australia.
This Bill will allow women to have a biological child in a way that minimises the risk of transmission of the insidious effects of mitochondrial disease. A disease for which there is no cure - and that leaves children suffering from seizures, fatigue, multiple organ failure and heart problems. In severe cases, even premature death.
Here in Australia, each year around 56 children are born with a severe form of the disease. This equates to approximately one child per week. The tragic prognosis for these children, and their families, is that many will die within their first five years.
Maeve Hood is one of these children. Maeve's family is one of these families. This Bill has been named in honour of Maeve Hood and the tireless work of her family to raise awareness and build support for those people in our community suffering from mitochondrial disease. It has been named the Mitochondrial Donation Law Reform (Maeve's law) Bill 2021.
Maeve has a severe type of mitochondrial disease that was diagnosed at 18 months. She's a bright and bubbly young girl ¬but she suffers from serious medical issues. Maeve is thankfully still with us, but her future looks bleak.
The Australian Government is committed to helping parents, such as Sarah and Joel Hood, to avoid the heartache, pain and anguish of having a biological child with severe mitochondrial disease. Advances in reproductive technology now mean we can help, by providing those families at risk of passing on the disease with a pathway to having a healthy biological child. This Bill, Maeve's law, provides that pathway.
The science underlying this reproductive technology is complex and new, however it is not untested. Mitochondrial donation is an umbrella term for IVF-based reproductive technology which prevents mitochondrial disease being passed on from a mother to her child, with the assistance of a donor. Mitochondrial donation cannot, however, be used to cure people with existing mitochondrial disease nor can it prevent mitochondrial disease caused by an individual's nuclear DNA.
It has been legal in the United Kingdom since 2015 and so we have looked to the experiences of the UK in designing this Bill. However, we have also carefully considered how this technology can be delivered within the existing frameworks of the Australian health system. To help inform our approach, we have consulted widely in Australia over several years.
In 2018, the Senate Community Affairs References Committee undertook an inquiry into the science of mitochondrial donation. The Inquiry examined the impacts of mitochondrial disease, and the legal and ethical considerations associated with mitochondrial donation. The final report recommended further consultation with the community, relevant experts and the states and territories before the introduction of this technology into Australia. Over 2019-2020, the National Health and Medical Research Council (the NHMRC) undertook a series of consultation activities, engaging with a broad range of experts as well as the broader community.
Together with lessons learnt from the UK, the outcomes from these Inquiries have shaped this Bill. Both identified significant support for the legalisation of mitochondrial donation from clinicians, scientists and advocacy groups.
The Bill outlines a carefully staged pathway toward the legalisation of mitochondrial donation in clinical practice. This pathway balances the significant benefits of enabling impacted families access to this new technology and have healthy babies free from severe disease, with both caution and safety provided by an appropriate regulatory framework.
The first stage will initially allow for lab-based research and training. This will be followed by allowing some families to access the technique as part of a trial at one carefully selected, licenced and Commonwealth funded clinic. This trial will help determine the safety, efficacy and feasibility of the technology preventing serious mitochondrial disease being passed from mother to child.
The trial clinic will need to demonstrate significant experience and expertise in mitochondrial disease and reproductive health. It will also need to demonstrate an ability to provide an equity of access to families, have specialised research and clinical facilities and the expertise to provide appropriate support to all participants.
Should the trial find the procedure to be safe and effective, the Bill contains an option to move to Stage 2, where this new technology will be made available in a broader range of clinical settings. However, progression to Stage 2 will be subject to a separate decision by government. It will be informed by the outcomes from the trial, expert opinion and further community consultation. At this point, states and territories will also have the option of 'opting in' to a national regulatory framework governing the clinical provision of this technology.
The Bill has inbuilt safeguards and protections. It establishes a comprehensive licensing regime to ensure access to this technology is carefully controlled and that the procedure is conducted safely and ethically. Five different categories of licence are provided for in the Bill, corresponding to steps within Stage 1 and Stage 2. Through the process of applying for licences and complying with their conditions, organisations will be closely vetted and carefully overseen by the NHMRC.
The two-stage approach provided for in this Bill was outlined in a discussion paper released in February this year. Public consultations on this have just closed. Overwhelmingly, the Government heard strong support from experts and from those in the community who engaged in the process.
Some members of the community have raised concerns about issues such as privacy of parents and children, creation and destruction of embryos, ensuring informed consent, donor rights, and the newness of the science. I acknowledge that not all members of the community are comfortable with the use of this technology, and that is why a conscience vote will be called for this Bill.
This Bill has been developed in Maeve's honour. Maeve's law will ensure that other children and parents do not have to suffer the devastating consequences of mitochondrial disease - as Maeve, Sarah and Joel Hood have. It will provide parents with the option to have their own biological children free from the burden of this severe disease.
It is incumbent on this Government to give Australian parents the choice and opportunity to have children free from severe disease through the use of reproductive technology and to reduce the burden of disease for future generations. It is also essential that we remain at the forefront of advances in both medical science and reproductive technology. We cannot sit by complacently when the health and lives of Australian children are at stake.
Investment Funds 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.
Today, I introduce the Investment Funds Legislation Amendment Bill 2021. The Bill improves the operation of Australian Government investment funds and enhances the ability of the Future Fund Board of Guardians and the Future Fund Management Agency to continue investing for the benefit of future generations of Australians.
The Future Fund was established by the Liberal-National Government in 2006. Since then, the Future Fund Board of Guardians, with the support of the Future Fund Management Agency, has grown the Future Fund by over $136 billion. The Board has also become responsible for managing five other Australian Government investment funds since 2006, with total funds under management of more than $245 billion as of 30 June 2021.
The Future Fund Board of Guardians has a proven track record of managing investment portfolios on behalf of the Government and maximising returns over the long term, as at 30 June 2021 delivering for the Future Fund a return since inception of 8.4 per cent per annum versus a target of 6.6 per cent. As the size of the Australian Government investment funds portfolio continues to grow, and the investment environment becomes increasingly challenging, this Bill makes important changes to support the continued growth and responsible management of the Government's investment funds into the future.
Schedule 1 - Employment arrangements
Schedule 1 to this Bill amends the Future Fund Act 2006 to establish a new employment framework for the Future Fund Management Agency. The Agency is unique compared to other Commonwealth entities in the scale of funds under management, and that it operates within financial markets in a substantially commercial environment. It is appropriate that the Agency has a management and investment team of the highest skill and expertise. Key investment management staff are therefore recruited from around the globe, and staff structures and remuneration arrangements differ to the Australian Public Service norms. The new framework will provide more operational flexibility by being outside of thePublic Service Act 1999 , similar to other specialised Commonwealth agencies including ASIC, APRA and the RBA.
Under the new framework, Agency staff will be employed under the Future Fund Act 2006 by the Chair of the Future Fund Board of Guardians, as the Head of the Agency. Staff of the Agency will continue to be Commonwealth employees.
To ensure the Future Fund Management Agency continues to meet the expectations of the Australian public, the Chair will be required to determine a Code of Conduct and Values that are consistent with the Australian Public Service Code of Conduct and Values. The Agency will remain subject to the Government's policy on the Average Staffing Level cap.
To ensure a smooth transition, Agency staff will continue to be employed on the same terms and conditions as those that applied immediately before the transition, and will retain all of their existing leave entitlements. After commencement, the Chair will be able to determine new terms and conditions of employment as long as entitlements to staff of the Agency are no less favourable.
The new employment framework will enhance the Future Fund's independence from government, improve its recruitment and retention of specialised staff and allow it to continue maximising investment outcomes on behalf of the Government.
Schedule 2 - Freedom of Information
Schedule 2 to this Bill will provide a partial exemption under the Freedom of Information Act 1982 for the Future Fund Board of Guardians and the Future Fund Management Agency, in relation to investment documents. These entities regularly produce, negotiate and receive documents from third party fund managers that include confidential, competitive and commercially sensitive information. The risk of disclosing highly sensitive commercial and proprietary material has led to investment managers withholding information or reducing their engagement with the Board and the Agency. This presents an investment and governance risk. In particular, it can result in reduced access to investment opportunities and negatively affect investment outcomes.
This exemption is consistent with the treatment of other Commonwealth entities that deal regularly with commercial information, including NBN Co, Australia Post and Export Finance Australia. It will provide certainty to the Board and the Agency, and their investment partners, that sensitive investment information is automatically excluded from release under FOI laws.
The Freedom of Information Act 1982 will continue to apply to documents concerning the Future Fund Board and the Agency's non-investment activities.
Schedule 3 - Medical Research Future Fund
Schedule 3 to this Bill amends the Medical Research Future Fund Act 2015 to provide a new disbursements framework and to streamline the administration of Medical Research Future Fund grants programs.
Under the current framework, disbursements from the Medical Research Future Fund are determined annually by the Future Fund Board. The Board's calculation is largely based on the benchmark rate of return for the fund, which is linked to the RBA cash rate. This framework creates uncertain and volatile disbursements, which affects the orderly planning of grants programs from the fund. Further, the historically low RBA cash rate and requirement to preserve the fund corpus have put downward pressure on disbursements.
With the fund now exceeding its mature balance of $20 billion by over $2 billion, the Government is implementing a new disbursements framework that will provide a fixed maximum annual disbursement of $650 million from 2022-23. This will allow investment returns above this level to accrue to the fund corpus, which can be accessed in later years when investment markets are more challenging. This reduction in distribution volatility will provide greater certainty of funding for the health and medical research sector, and allow the important commitments under the Medical Research Future Fund 10-year investment plan to be met. The responsible Ministers will be required to review the maximum disbursement amount at least every five years and will be able to amend that amount via disallowable legislative instrument. This will provide flexibility into the future and could allow for higher disbursements in the future, if the fund is able to sustainably support them over the long term.
The amendments will also allow the Government to issue a new investment mandate for the Medical Research Future Fund with a higher and more suitable benchmark rate of return aligned to other risk-seeking funds managed by the Future Fund Board. This will increase expected earnings over the medium-term and protect the level of disbursements over the long-term, helping to fund vital medical research and medical innovation projects. It will also simplify and streamline the Medical Research Future Fund's operations.
The Bill will also make a number of improvements to the administration of grants programs. These amendments will expand the avenues available to provide funding to the states and territories, reduce the consultation burden on the health and medical sector and allow administrative functions to be carried out by departmental officials while ensuring Ministers remain appropriately informed.
Schedule 4 - Emergency Response Fund
Finally, schedule 4 to this Bill amends the Emergency Response Fund Act 2019 to transfer responsibility for expenditure from the Emergency Response Fund to the newly established National Recovery and Resilience Agency and to streamline administrative arrangements for transfers from the Emergency Response Fund Special Account.
The Government remains committed to providing support for local communities in responding to large-scale natural disasters and undertake new initiatives to manage the impact of future events and the changing climate. The establishment of the NRRA implements recommendation 3.5 of the Royal Commission into National Natural Disaster Arrangements by creating a standing entity with a clear mandate to enhance national preparedness for, and response to, natural disasters. To that end, policy responsibility and administration for expenditure from the Emergency Response Fund has been transferred from Emergency Management Australia in the Home Affairs portfolio to the NRRA, strengthening transparency and assurance over Commonwealth funding towards natural disaster recovery and resilience. The Bill also makes administrative improvements to the operation of the Emergency Response Fund for consistency with other investment funds.
Conclusion
In summary, this Bill makes important amendments to the employment framework for the Future Fund Management Agency, to reflect its unique operating environment within financial markets while still ensuring the Agency remains subject to appropriate controls in line with community expectations. The exemption under FOI laws will increase confidence in the operation of the law and allow important engagement with investment managers to successfully invest over $245 billion on behalf of the Government where returns benefit all Australians.
The new disbursements framework for the Medical Research Future Fund will provide certainty of funding to meet the Government's 10-year investment plan and support significant disbursements over the long term to fund vital medical research and medical innovation projects.
Finally, the administrative improvements to the Medical Research Future Fund and the Emergency Response Fund will streamline the operation of the funds to support the valuable funding streams they provide into the future.
Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021
Crimes Amendment (Remissions of Sentences) Bill 2021
Independent National Security Legislation Monitor Amendment Bill 2021
Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021
Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Bill 2019
Electoral Legislation Amendment (Political Campaigners) Bill 2021
Treasury Laws Amendment (2021 Measures No. 5) Bill 2021
That Senator Pratt replace Senator Carr on the Legal and Constitutional Affairs Legislation Committee for the committee's inquiry into the Religious Discrimination Bill 2021 and related bills.
That the Senate take note of the document.
That the Senate calls on the Morrison Government to legislate their technology-driven plan to deliver net zero emissions by 2050, such that every Australian will be $2,000 better off a year in 2050 compared to a business-as-usual scenario.
That—
(a) the Senate, at its rising, adjourn till Tuesday, 8 February 2022, at midday, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator; and
(b) leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.
I don't know half of you half as well as I should like; and I like less than half of you half as well as you deserve.
That senators be discharged from and appointed to committees as follows:
Community Affairs Legislation and References Committees
Appointed—Participating member: Senator Mirabella
Economics Legislation and References Committees
Appointed—Participating member: Senator Mirabella
Education and Employment Legislation and References Committees —
Appointed—Participating member: Senator Mirabella
Environment and Communications Legislation Committee —
Discharged—Senator Van
Appointed—
Senator Mirabella
Participating member: Senator Van
Environment and Communications References Committee —
Appointed— Participating member: Senator Mirabella
Finance and Public Administration Legislation and References Committees —
Appointed—Participating member: Senator Mirabella
Foreign A ffairs, Defence and Trade Legislation Committee —
Appointed—Participating member: Senator Mirabella
Foreign Affairs, Defence and Trade References Committee —
Discharged—Senator Antic
Appointed—
Senator Van
Participating members: Senators Antic and Mirabella
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating member: Senator Mirabella
Rural and Regional Affairs and Transport Legislation and References Committees —
Discharged—Senator Rennick
Appointed—
Senator Mirabella
Participating member: Senator Rennick