The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
I know where this started.
I was told by one of your senators two weeks before about what you were intending to do with the story in my office. Two weeks before.
No-one had any knowledge.
I would like to say, in relation to the matters raised before the dinner break, Senators Wong, Gallagher and I had a very respectful discussion during the dinner break, and they've assured me they were not involved in that matter becoming public. I accept their assurance.
… they've assured me they were not involved in that matter becoming public. I accept their assurance.
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The moment the referendum is declared we will feel the shackles of the past fall from us.
We will all stand with a clean heart and a clean conscience and we will know our country is on the path to a better direction.
We the Australian people will make that decision on that day when we cast our vote.
Together we can make this happen.
… proposed section 129 is not just compatible with the system of representative and responsible government prescribed by the Constitution, but an enhancement of that system.
In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.
If proposed s 129 is interpreted by the High Court in a way that imposes on the Executive either a duty to consult the Voice or consider its representations, this will have profoundly disruptive effects on the operation of government. This is not a rhetorical flourish on our part. This was the undisputed evidence presented to the Committee, including from witnesses who were intimately involved in the government's design process.
Given the immense range of matters in which there might be an interaction between a proposed policy or practice and impacts on Indigenous people in one way or another, to imply a duty to consult across all of that range would really make government unworkable. I don't think the High Court is in that business.
It would be imprudent to underestimate the capacity of any future High Court for ingenuity or originality.
… … …
It is an irony that so many of the proponents of the Voice, well-intentioned and highly regarded as they are, should be echoing the language so often and infamously used by the late Sir Johannes Bjelke-Petersen to reporters seeking information about government, " don't you worry about that ".
The main aim of the festival is to bring people together, sharing and understanding each other's problems. This way we can get to know one another properly.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
We call for the establishment of a First Nations Voice enshrined in the Constitution.
Do we honestly believe that [the] voice will get one kid to school, get someone into a job, protect one domestic violence victim, one child out of care or another young person out of the judicial system?
… substantially increases the risks of bureaucratic complexity, legal uncertainty and judicial activism.
… inserts race into the Australian Constitution in a way that undermines the foundational human rights principles of equality and non-discrimination …
Under normal circumstances, on Thursday 8 June, the 31st birthday of my beautiful cousin Majid Kazemi should have been celebrated, but instead the regime had him murdered weeks before for simply pursuing the harmless act of a protesting peacefully.
On Majid's birthday, the security forces burnt Majid's grave to prevent his family from commemorating him. His family were not permitted to visit his grave for his birthday. It has been vandalised. Majid's brothers, Hossein and Mehdi, are still in prison after more than three weeks for no legitimate reason, and we haven't heard from them at all.
These are my family. They are my life. In the face of tyranny, we are victims.
Politicians only continue their words of condemnation towards the barbaric actions of the Iranian regime. Condemnation does not bring back my dear cousin to his family. Condemnation does not resurrect all the innocent children murdered by the regime. Condemnation does not undo the torture, forced confessions, rapes and killings of innocent people.
For months, I campaigned tirelessly, begged and pleaded for representation to be made on behalf of my dear cousin Majid to no avail. I cannot help but wonder if concrete action was taken sooner whether my dear cousin would be alive today.
We have pleaded, we have begged, and we have cried out for help time and time again. We reached out for your assistance, but our pleas fell on deaf ears.
Please do something before it is too late to take concrete actions, to ensure that these human rights violations are brought to an end.
Such deep sadness this morning in the wake of the Hunter tragedy. The heart ache of the great loss of life and so many injured is immediate.
I wasn't aware of the full allegations …
… I did nothing with that information—absolutely nothing.
… time is of the essence. This is a national crisis. Action cannot be deferred.
Katy is going to come to me with some questions you need to prepare for ... She's really invested now ha ha.
We strongly advocated to the Government for this funding in the lead up to last year's election and were thrilled when it was announced and later enshrined in legislation.
RACQ has long advocated for greater investments in household mitigation, and it is great to see the Federal Government recognise the importance of these resilience programs.
That the Senate take note of all answers given to the coalition's questions in questions without notice earlier today.
I want to be clear with this Senate … I was provided with information in the days before the allegations were first reported—
You are the person who, out of all of this, has avoided answering or providing information about your state of knowledge or any facts relating to this matter.
This is Parliament. It should set the standard for workplace culture, not the floor of what culture should be.
… 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.
The extent of what appears to be collusion between Ms Higgins and Mr Sharaz and political figures demands that a proper investigation be launched into a decision to award more than $2m in compensation to Ms Higgins with what could be considered a questionable regard for proper process.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice I asked today relating to inflation.
That leave of absence be granted to Senator Dodson from 13 to 22 June 2023, for personal reasons.
That the following general business orders of the day be considered this week at the time for private senators' bills:
No. 37 Productivity Commission Amendment (Electricity Reporting) Bill 2023—on Wednesday, 14 June 2023;
No. 36 Ending Native Forest Logging Bill 2023—on Thursday, 15 June 2023.
That the Senate records its sorrow at the death, on 4 May 2023, of Bruce Kenneth Childs, former senator for New South Wales, places on record its gratitude for his service to the Parliament and the nation and tenders its sympathy to his family in their bereavement.
He was defined by his thoughtfulness, kindness, strategic brain and inexhaustible patience.
… I looked at my first speech, and I must say that on the fundamentals, the ideological differences that we have, then I have not changed one iota from my first speech and the feelings of where I come from. Nevertheless, it is that contradiction between your basic fundamental beliefs and what you learn in the process that is so broadening and so marvellous, and makes you proud to be a parliamentarian. I have never identified with being a politician, but I really do identify with being a parliamentarian.
A high public profile does not necessarily mean that you are making the greatest contribution; sometimes to the contrary.
Murdoch Media Inquiry Bill 2023
That the following bill be introduced: A Bill for an Act to establish an inquiry into the Murdoch media and media diversity in Australia, 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.
It's time for a Royal Commission into the Murdoch media machine. Today I am introducing a bill for an inquiry that will have powers like those of a Royal Commission.
The Murdoch media machine is dangerous for Australian democracy and it is time politicians stop being afraid to question the control and influence that they have in this country. This bill will establish a parliamentary commission of inquiry into the Murdoch media and media diversity in Australia. This commission will have powers like those of a Royal Commission, including resources and the ability to compel witnesses. It will report to the parliament, rather than the government.
The pressure for a Royal Commission into the Murdoch media has been building for a long time. More than two years ago, half a million Australians signed the parliament's biggest ever petition calling for a Royal Commission. The people who signed this petition were sending a message to us here in parliament that they are worried about the state of our public interest journalism and our democracy and they were asking us for action. Two years down the track and after a change of government, we are yet to see any change.
Politicians have been afraid of the Murdoch media for far too long. We've heard from former prime ministers that there is a culture of fear across the country when it comes to the Murdoch media. How is it that we have got to a place that even our prime ministers, the most powerful leaders in the country, are afraid of the power wielded by a single media mogul?
What we've got in this country is a media sector that is overwhelmingly concentrated, more than in many other comparable countries in the world. We need media diversity as it is a public good and helps provide integrity in public interest journalism. In regional Australia in particular, local news should be delivered by local journalists.
I chaired the Senate inquiry into Media Diversity, a long running inquiry that heard extensive evidence of the poor behaviour, culture and ethics of the Murdoch media machine. We heard appalling stories about the sexist treatment of women that were photographed for their papers, the full blown climate denialism that has held us back from meaningful action in this country for over a decade and the character assassinations of individuals and so much more. It's time that they are held to account.
The terms of reference for this inquiry specifically direct this commission to look into the "Foxification" of media outlets operating in Australia and the potential that this has to undermine trust in public institutions and public interest journalism. We have seen from recent overseas examples just how easily these types of 'news' outlets can be weaponised. The January 6th attacks on the US Capitol should be a warning to all leaders around the world, our democracy is only as stable as the information sources that it is built on. The United States is now firmly in a post-truth world and if we are not careful, we could face the same fate here.
We've known for a long time that the Murdoch machine has not been trustworthy. But now we see, through the court filings released from the Dominion case, just how much power this corporation wields, how much power the Murdoch empire is willing to use against its political opponents and just how much they are willing to lie to their audiences to maintain their viewership and profitability. Filings have shown that Fox News executives and presenters and even Rupert Murdoch himself knew that the election was not stolen from Donald Trump, yet they continued to peddle these lies to hold on to their viewership. If that wasn't bad enough, there was also confirmation in court documents that Fox News was acting as part of Trump's campaign when confidential information about the Biden campaign's ads was handed directly to Trump's people.
What is going on at Fox News and inside the Murdoch machine is not journalism. It is political propaganda. It is the promotion of lies. It is the promotion of conspiracy theories. And it is all in the pursuit of power. Australians in this country have known for a long time that the collection of Murdoch rags, the rubbish that is spewed out on Fox News and on Sky News, is false. That's why we need a Royal Commission.
Only an inquiry with the powers of a Royal Commission can uncover the extent of the Murdoch media's influence and control over our democracy and fully examine media concentration in Australia.
Australia's media regulations are not fit for purpose in the modern world. This Commission will also examine the regulatory regime for media ownership and operation in Australia and make recommendations to the parliament for how to update these laws. This is long overdue and essential work to make sure that we can limit the misinformation and disinformation that is spread through our media, whether that's through traditional print and broadcast or online.
This inquiry is not about politicians being able to control what newspapers write about us. Far from it. Journalists should be able to question governments, hold governments to account and know that when they have a good story, when they are onto something, that they can have that published and believed. But right now, we have a broken media landscape in this country. The Murdoch media controls two thirds of the newspapers and these outlets platform hysteria, lies, mistruths and opinion over journalism and prioritise opinion over fact. They set the agenda that other media outlets follow and our democracy is weaker for it.
We need to fix the media landscape in this country; we need laws and regulations that are fit for purpose. And it shouldn't be up to the politicians to pick and choose. This needs to be at arms' length and that is why we need a Royal Commission, and we need one today.
I ask all of my colleagues who entered this place because they believed in service to their country and to their community to join me in standing up to the Murdoch bullies for the sake of our communities and our democracy.
I commend this bill to the Senate.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 28 November 2023:
The Middle Arm Industrial Precinct, with particular reference to:
(a) the development of Darwin's Middle Arm Industrial Precinct, the role and funding intentions of the Northern Territory and Commonwealth governments;
(b) the likely and intended future uses on the site as well as the industries and supply chains that would benefit from those plans;
(c) any climate, environmental or health impacts as a result of developing the harbour and the industries seeking to establish themselves at Middle Arm;
(d) the conduct, process and implications of the proposed strategic environmental assessment for Middle Arm;
(e) engagement and advocacy by industries and their representatives throughout the Middle Arm proposal, including with First Nations groups and communities and adherence to the principles of free, prior and informed consent; and
(f) any other related matters.
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
'The government progresses the unfinished business of Treaty now and without delay, being a key mechanism to address systemic injustices towards First Nations people in this country and allowing us all to unite and heal as a nation.'"
That, in the opinion of the Senate, the following is a matter of urgency:
The government progresses the unfinished business of Treaty now and without delay, being a key mechanism to address systemic injustices towards First Nations people in this country and allowing us all to unite and heal as a nation.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
Can you imagine a section of workers, who have no union, trying to negotiate an agreement with a huge company?
& 1 worker demands: We must have an agreement b4 we form a collective voice?
Yeah, this is the same as demanding: Treaty before a First Nations Voice to Parliament.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish.
The Senate divided. [16:45]
(The Acting Deputy President—Senator Bilyk)
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
Labor's budget does nothing to fight inflation or deal with the cost of living crisis and instead has given no reason for the RBA to freeze interest rates, costing Australian families and businesses."
That, in the opinion of the Senate, the following is a matter of urgency:
Labor's budget does nothing to fight inflation or deal with the cost of living crisis and instead has given no reason for the RBA to freeze interest rates, costing Australian families and businesses.
I don't think that the budget is adding to inflation; it's actually reducing inflation in the next financial year.
the fact that, through one specific policy, the government is able to take three-quarters of a per cent off an annual inflation rate is really important. Not only does it help people with their own finances, but it lowers the headline rate of inflation—
I don't think the budget is adding to inflation. It is reducing inflation by the next financial year.
This new OECD research is fully consistent with our earlier research on profit-price inflation, in terms of both its methodology and its conclusions.
That the Senate take note of the document.
The Senate divided. [17:26]
(The President—Senator Lines)
That the Senate take note of the document.
… undermined by deliberate breaches of the Commonwealth Grants Rules and Guidelines and failure to advise government where there was no legislative authority for grant expenditure … Executive oversight, risk and fraud management were deficient.
That the Senate take note of the report.
This bill is the culmination of a 16-year national discussion of constitutional recognition … The bill is the culmination of over a decade's work: 10 reports, seven processes and 10 years.
You have different levels of access and engagement from a local, regional, state and national level. That is not good if you're looking at trying to close the gap for our people. When we have multiple levels of government not even talking to one another and expect that's going to happen on the ground, it's doomed to failure.
The intention was that it address the urgent need for First Nations people to have a greater say in decisions affecting their daily lives, while focusing on Australia's existing processes of parliamentary government rather than the courts.
… the use of extrinsic materials in relation to constitutional interpretation that a court interpreting the new provision could have regard to its context and purpose as disclosed by the Explanatory Memorandum and Second Reading Speech in interpreting it.
It just seems to me that this notion that there is an implication threatened in the proposed subsection (ii), whereby the validity of executive action—multifarious decisions great, small and middling, by officials great, small and middling—will be somehow jamming the courts from here to kingdom come as a result of this enactment, is really too silly for words.
That the Senate take note of the report.
That the Senate take note of the government's response.
That the Senate take note of the document.
That the Senate take note of the document.
That senators be discharged from and appointed to committees as follows:
Australia's Disaster Resilience — Select Committee —
Appointed—Participating member: Senator Kovacic
Community Affairs Legislation and References Committees —
Discharged—Senators Brockman and Nampijinpa Price
Appointed—
Senators Kovacic and Liddle
Participating members: Senators Brockman and Nampijinpa Price
Cost of Living — Select Committee —
Appointed—Participating member: Senator Kovacic
Dental Services in Australia — Select Committee —
Appointed—Participating member: Senator Kovacic
Economics Legislation and References Committees —
Appointed—Participating member: Senator Kovacic
Education and Employment Legisl ation Committee —
Discharged—Senator Liddle
Appointed—
Senator Brockman
Participating members: Senators Kovacic and Liddle
Education and Employment References Committee —
Discharged—Senators Liddle and Nampijinpa Price
Appointed—
Senators Brockman and Senator Kovacic
Participating members: Senators Liddle and Nampijinpa Price
Environment and Communications Legislation Committee —
Appointed—Participating member: Senator Kovacic
Environment and Communications References Committee —
Discharged—Senator Brockman
Appointed—
Senator Reynolds
Participating members: Senators Brockman and Kovacic
Finance and Public Administration Legislation Committee —
Appointed—Participating member: Senator Kovacic
Finance and Public Administration Referenc es Committee —
Appointed—
Substitute member: Senator O'Neill to replace Senator Stewart for the committee's inquiry into consulting services
Participating members: Senators Kovacic and Stewart
Foreign Affairs, Defence and Trade — Joint Standing Committee —
Appointed—Senator Chandler
Foreign Affairs, Defence and Trade Legislation and References Committees —
Appointed—Participating member: Senator Kovacic
Foreign Interference through Social Media — Select Committee —
Appointed—Participating member: Senator Kovacic
Hu man Rights — Joint Statutory Committee —
Discharged—Senator Nampijinpa Price
Appointed—Senator Rennick
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating member: Senator Kovacic
National Disability Insurance Scheme — Joint Standing Committee —
Discharged—Senator Liddle
Appointed—Senator Reynolds
Northern Australia — Joint Select Committee —
Discharged—Senator Dodson
Appointed—Senator Sterle
Parliamentary Library — Joint Standing Committee —
Discharged—Senator Nampijinpa Price
Appointed—Senator Kovacic
Public Works — Joint Statutory Committee —
Discharged—Senator Reynolds
Appointed—Senator Colbeck
Publications — Standing Committee —
Discharged—Senator Nampijinpa Price
Appointed—Senator Brockman
Rural and Regional Affairs and Transport Legislation and References Committees —
Appointed—Participating member: Senator Kovacic
Appropriation Bill (No. 3) 2022-2023
Appropriation Bill (No. 4) 2022-2023
Appropriation (Parliamentary Departments) Bill (No. 2) 2022-2023
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.
APPROPRIATION BILL (NO. 3) 2022-2023
Today, the Government introduces 2022-23 Additional Estimates Appropriation Bills. These Bills are:
These Bills underpin the Government's expenditure decisions made since the October 2022 Budget that relate to the 2022-23 financial year.
Appropriation Bill 3 seeks approval for appropriations from the Consolidated Revenue Fund of $5.5 billion. This would ensure there is sufficient appropriation to cover estimate variations related to existing programs, for instance, changes in costs for demand driven programs. These Bills also pay for the first year costs for measures announced since the October 2022 Budget.
The Bill provides funding to support the following significant items.
The Department of Defence will receive $1.8 billion. This primarily reflects reclassification of $1.3 billion from capital to operating funding reflecting updated expenditure requirements and supplementation of $172.3 million for foreign exchange losses incurred in 2021-22.
The Social Services portfolio will receive over $1 billion, with the majority of funding provided for the National Disability Insurance Agency to provide reasonable and necessary supports for National Disability Insurance Scheme participants.
The Department of Employment and Workplace Relations will receive just under $1 billion, primarily to support apprentices and employers through the Boosting Apprenticeship Commencements wage subsidy.
The Department of Health and Aged Care will receive close to $900 million, including $207 million for vaccines and logistics, $182 million to reimburse aged care providers for direct costs related to managing COVID-19 outbreaks and $166 million for administration of the COVID-19 vaccine.
The Department of Foreign Affairs and Trade will receive over $235 million to meet the surge in demand for passports following the reopening of international borders and for the design and construction of the Australian Pavilion at the OSAKA World Expo.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Additional Estimates Statements tabled in the Parliament today.
I commend this Bill to the chamber.
APPROPRIATION BILL (NO. 4) 2022-2023
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of approximately $164 million for the 2022-23 financial year. These appropriations will support the following significant items.
The Department of Defence will receive close to $140 million to reflect updated estimates for foreign exchange exposure.
The Attorney-General's portfolio will receive over $10 million, with approximately $7 million for the Administrative Appeals Tribunal to support the development of a new case management system for a new federal administrative review body.
The Department of Health and Aged Care will receive approximately $10 million, including $7 million to manage COVID-19 vaccine data.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Additional Estimates Statements tabled in the Parliament today.
I commend this Bill to the chamber.
APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 2) 2022-2023
Appropriation (Parliamentary Departments) Bill 2 provides additional appropriations for the operations of Parliamentary Departments, specifically the Department of the House of Representatives, for the remainder of 2022-23.
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of $560,000 for the Department of the House of Representatives to support the transition of IT systems to cloud-based solutions.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Additional Estimates Statements tabled in the Parliament today.
I commend this Bill to the chamber.
Creative Australia (Consequential and Transitional Provisions) Bill 2023
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.
CREATIVE AUSTRALIA BILL 2023
Context
The Creative Australia Bill 2023 delivers on the Government's commitment to expand and modernise the Australia Council for the Arts and establish Creative Australia. This is the second tranche of legislation that implements the government's National Cultural Policy, Revive: A place for every story, a story for every place. This Bill will establish two of the four new bodies announced inRevive ; Music Australia and Creative Workplaces, and the Government will be bringing forward further legislation to establish the First Nations body in July next year and Writers Australia the following year.
The creation of the Australia Council in 1975 was a pivotal moment for Australia's arts and culture sector. It embodied the Whitlam Government's unwavering belief in the value of the arts, and its ongoing commitment to delivering decisions on arts investment at arm's length from government.
Creative Australia
The formation of Creative Australia through this Bill builds on this strong foundation. It transforms Australia's principal arts funding body into a modernised entity that is able to harness the current opportunities available to the arts and entertainment sector, while bringing together public, private and commercial support for the arts. This is a strategic shift that will greater leverage opportunities in the arts.
Creative Australia will provide more support to our valued arts and culture sector through restoring the Brandis cuts and increasing funding and services for artists, arts workers and businesses.
Australia Council Board
This Bill establishes the governing and accountable Board for Creative Australia which will remain the Australia Council Board—retaining its name and connection to the creation of the Australia Council by the Whitlam Government in 1975. It will continue to be the accountable authority with full oversight of Creative Australia and will give directions to the Music Australia and Creative Workplaces Councils.
The Board will be refreshed with increased membership of up to fourteen members. This increase reflects the expanded functions of Creative Australia and will ensure that the appropriate skills and expertise are represented across its broad remit. The new Australia Council Board established under this legislation will be critical in providing leadership and direction as Creative Australia delivers on the first stages of the measures set out in Revive —Music Australia and Creative Workplaces—as well as those measures that are still to be rolled out, including the First Nations body, works of scale fund, and Writers Australia.
Music Australia
By introducing this legislation and expanding Creative Australia's functions and services, this Government is responding directly to calls for change from the sector. During the consultation for the national cultural policy, submissions from the contemporary music industry called for a body to be established that would develop a framework for long term investment and strategic focus.
This Bill establishes Music Australia within Creative Australia, which will empower the Australian contemporary music industry to rebuild and realise its local and global potential. With over $69 million in funding over four years from 2023-24, Music Australia will allow for greater strategic delivery, leadership and support for Australia's contemporary music industry.
To oversee the programs and services delivered under Music Australia, this Bill establishes a Music Australia Council to provide strategic advice and guidance to the Australia Council Board and the initiatives for contemporary music to be delivered by Music Australia. Funding under Music Australia will also support the important work already established by Sounds Australia, an export music market development initiative, with annual funding secured for Sounds Australia to expand its global work. The Bill will ensure that the Chief Executive Officer of Creative Australia appoints a director responsible for the work of Music Australia. This role will be crucial in ensuring that the investments to be delivered as part of Music Australia are achieved.
Creative Workplaces
Creative Australia recognises that artists and creatives throughout our great landscape, from metropolitan cities to the red desert, are workers. In exchange for what they give us, they should have safe workplaces and be remunerated fairly.
That is why this Bill sets up Creative Workplaces within Creative Australia to provide advice and support to the sector. Creative Workplaces will provide a central and safe point of call for people working in the arts and entertainment sector to seek confidential advice. It will provide advice on the appropriate channels to help resolve situations, including referrals to Safe Work Australia, Fair Work Commission and Australian Human Rights Commission. Creative Workplaces will deliver safer places of work and will raise and set safety standards across all art forms. Organisations seeking federal Government funding will need to adhere to these standards.
To oversee the important work of Creative Workplaces, this Bill establishes a Creative Workplaces Council. The Council will be responsible for providing advice and guidance to the Australia Council Board on the programs and services to be delivered by Creative Workplaces. Funding delivered by the Council will also include $1 million annually to Support Act to make sure that this crucial service of specialised counselling and mental health support services to the music sector will continue. The Bill will ensure the Chief Executive Officer of Creative Australia appoints a director of Creative Workplaces to oversee this critical and important work.
Cultural policy context
Australia's first cultural policy came from Paul Keating with Arts Minister Michael Lee in the form of Creative Nation. In 2013, Julia Gillard and Arts Minister Simon Crean gave us Creative Australia. Now 10 years on, the Albanese Government has delivered a cultural policy for the next five years: Revive — a place for every story; a story for every place .
The Bill introduced today lays the foundation for the ambitious agenda set out in Revive , by establishing essential governance structures within Creative Australia to enable it to deliver to the sector.
The success of Revive doesn't rest with government. When you see someone who has mastered their craft, expressing their culture, it reaches you. Great artists take you on a journey; a musician can do it from the first bar, an actor from their first lines, an author from the first page, a painter from that first glimpse.
This is who we are entrusting with the success of Revive.
What these Australians do with the cultural policy will determine the look, feel and soundtrack to life in our nation. This legislation is the foundation for artists and arts workers, enabling them to create our next national treasures, supported by government.
Conclusion
In Australia, we have not always valued the connection between the artist and their audience enough. But as we all experienced in the pandemic, we know how much we miss it when it's not there. How many of us longed to see a performance, go to a cinema, visit a gallery or be in the mosh again.
A robust creative sector involves a rich ecosystem of cultural organisations and supporting artists, art workers and businesses. Creative Australia will be able to advocate for the sector, provide crucial services for arts workers, increase philanthropic and private giving for the arts and increase commercial avenues for Australian arts. This new legislation and the Government's increased funding acknowledges the importance of creativity and how it spans communities, industries and borders. Australia's cultural output will grow because of this targeted investment in arts and the establishment of these Councils which will guide the strategic delivery of funding to the sector.
The next important step will be to embed a First Nations led body within Creative Australia. This is a critical measure which requires extensive consultation with First Nations artists and arts workers, First Nations arts organisations, First Nation leaders and First Nations communities, on what this should look like.
A creative Australia is an innovative and inclusive nation where creative workers, communities and businesses thrive. We play a role in fostering the creative forces of our nation and strengthening our identity through the generous voices of our creative workers. As audiences and makers of art, music, theatre and culture, it is our responsibility to cultivate and nurture the stories yet to be shared—the opportunity for Australians to deliver their own masterpieces , their own written story, their own album, that will be revered and cherished.
Our creative nation is finally being given the chance to flourish. The creative workers behind it—workers like any other, who have bills to pay and families to feed—have the opportunity to be part of a sustainable and secure profession. Through this new Bill and the establishment of Creative Australia, Australia's arts and cultural sector will take centre stage right across the globe.
CREATIVE AUSTRALIA (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2023
The Creative Australia (Consequential and Transitional Provisions) Bill 2023 makes consequential amendments and provides transitional arrangements to Commonwealth laws to support the proposed establishment of Creative Australia. This is in line with this government's National Cultural Policy— Revive , and celebrates Australian arts practice that is recognised nationally and internationally for its excellence.
The key element of the Bill is to provide for the repeal of the Australia Council Act 2013 , and to facilitate the continued operations of the entity during its transition from the Australia Council to Creative Australia in accordance with the proposed new enabling legislation, the Creative Australia Bill 2023. This will ensure business continuity and prevent disruption of funding or services to artists, arts workers and organisations.
To avoid any doubt, the Bill clarifies that staff currently employed at the Australia Council will continue as employees of Creative Australia on their existing employment terms and conditions. Similarly, consultants currently engaged by Australia Council will continue to be engaged by Creative Australia on the same terms and conditions. Mr Adrian Collette will continue in the role of Chief Executive Officer under Creative Australia, further ensuring the smooth transition.
The new Australia Council Board established under the Creative Australia Bill 2023 will be critical in providing leadership and direction as Creative Australia delivers on the first stages of measures under Revive . Therefore, the Board will be refreshed with increased membership to reflect the expanded functions of Creative Australia and to make sure that the appropriate skills and expertise are represented across the broad remit of the entity. This Bill provides the mechanism for that refresh, with all existing Board members, other than the Chief Executive Officer, ceasing to hold office after the repeal of theAustralia Council Act 2013 . Committees established under theAustralia Council Act 2013 will also cease at the transition time.
To ensure there is no delay in the appointment of the new Board, this Bill dispenses with the requirement for the Minister to consult the Chair in making initial appointments to the Board at the transition time. Similarly, the Minister will not be required to consult the Chair of the Music Australia Council or the Chair of Creative Workplaces Council on its initial appointments.
Safeguards have been included to avoid any doubt and prevent any disruption in Creative Australia receiving its allocation of Government funds under the relevant Appropriation Acts. This Bill also specifies transitional reporting requirements to ensure Creative Australia continues to remain accountable for its expenditure and operations.
Together with the Creative Australia Bill 2023, this Bill will deliver much needed support to Australia's creative sector. It demonstrates this Government's commitment to the arts and delivers on the National Cultural Policy.
This Bill ensures a seamless transition in operational and governance arrangements to Creative Australia—a restored and modernised Australia Council and the centrepiece of Revive.
Excise Tariff Amendment (Product Stewardship for Oil) Bill 2023
Customs Tariff Amendment (Product Stewardship for Oil) Bill 2023
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.
EXCISE TARIFF AMENDMENT (PRODUCT STEWARDSHIP FOR OIL) BILL 2023
This bill is one of two bills to bring the Product Stewardship for Oil scheme out of deficit and return it to fiscal neutrality as intended.
This bill would amend the Excise Tariff Act 1921 to increase the rate of excise duty payable on the import of relevant products from 8.5 cents per litre or kilogram to 14.2 cents per litre or kilogram.
This is an important scheme which ensures our waste oil is recycled into new products, such as base oil that can be used to make car engine oil.
Over its operational life waste oil can pick up hazardous by-products including lead, cadmium, chromium and arsenic. Waste oil can damage our environment and health if it is not properly managed.
Used oil, burnt at low temperatures, releases hazardous particles that can get into people's lungs and harm their health.
Under the Product Stewardship for Oil scheme, 5.5 billion litres of recycled oil have been produced from waste oil. This is enough to fill Parliament House more than seven times over.
It is a levy-benefit scheme where levies are paid on the importation or production of oils and their synthetic substitutes. Levies fund benefits paid to oil re-refiners ensuring the financial responsibility to manage waste oil is borne by those who benefit from its use.
By encouraging the recycling of waste oil we see the circular economy in action. Waste engine oil is collected and recycled, meaning it has a second life serving as engine oil again.
Since 2016 the scheme has fallen into deficit, levy collections have not been sufficient to cover the cost of benefit payments. This has meant taxpayers have covered the difference.
In 2020, the need to raise the levy to address the deficit was highlighted in an independent review of the scheme.
The passage of this bill will see this long-running deficit remedied. No longer will taxpayers pay for the scheme's shortfall.
This is not only fair but will only have a small impact on oil users, with the cost of an oil change for a passenger car increasing in price by approximately 28.5 cents for an average car.
CUSTOMS TARIFF AMENDMENT (PRODUCT STEWARDSHIP FOR OIL) BILL 2023
This bill is one of two bills to bring the Product Stewardship for Oil scheme out of deficit and return it to fiscal neutrality as intended.
This bill would amend the Customs Tariff Act 1995 to increase the rate of customs duty payable on the import of relevant products from 8.5 cents per litre or kilogram to 14.2 cents per litre or kilogram.
This is an important scheme which ensures our waste oil is recycled into new products, such as base oil that can be used to make car engine oil.
Over its operational life waste oil can pick up hazardous by-products including lead, cadmium, chromium and arsenic. Waste oil can damage our environment and health if it is not properly managed.
Used oil, burnt at low temperatures, releases hazardous particles that can get into people's lungs and harm their health.
Under the Product Stewardship for Oil scheme, 5.5 billion litres of recycled oil have been produced from waste oil. This is enough to fill Parliament House more than seven times over.
It is a levy-benefit scheme where levies are paid on the importation or production of oils and their synthetic substitutes. Levies fund benefits paid to oil re-refiners ensuring the financial responsibility to manage waste oil is borne by those who benefit from its use.
By encouraging the recycling of waste oil we see the circular economy in action. Waste engine oil is collected and recycled, meaning it has a second life serving as engine oil again.
Since 2016 the scheme has fallen into deficit, levy collections have not been sufficient to cover the cost of benefit payments. This has meant taxpayers have covered the difference.
In 2020, the need to raise the levy to address the deficit was highlighted in an independent review of the scheme.
The passage of this bill will see this long-running deficit remedied. No longer will taxpayers pay for the scheme's shortfall.
This is not only fair but will only have a small impact on oil users, with the cost of an oil change for a passenger car increasing in price by approximately 28.5 cents for an average car.
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
Family Law Amendment (Information Sharing) Bill 2023
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.
CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS) BILL 2023
The Crimes and Other Legislation Amendment (Omnibus) Bill 2023 will update, improve and clarify the intended operation of certain provisions in the Crimes Act 1914 and other Commonwealth legislation, to support the proper administration of government, law enforcement, oversight and judicial processes.
This Bill will make a number of minor and technical amendments. These include correcting errors in naming and referencing, and clarifying and improving a range of government, judicial, regulatory and oversight processes.
The amendments do not expand or otherwise alter existing powers for law enforcement and regulatory agencies. Similarly, the amendments do not limit or in any way reduce existing scrutiny and oversight mechanisms for the exercise of those powers.
Amendments to the Crimes Act 1914 will correct drafting errors and clarify and improve judicial processes, including ensuring that persons arrested for a Commonwealth offence can be bailed or remanded in the timeliest manner.
Amendments to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 will strengthen and modernise aspects of Australia's AML/CTF regime, and assist AUSTRAC in fulfilling its important functions as Australia's money laundering and terrorism financing regulator in an efficient and practical manner. The amendments will achieve this by strengthening and clarifying the civil penalty provision for a person failing to enrol with AUSTRAC. The amendments will also clarify the existing secrecy and access framework to ensure that sensitive AUSTRAC information, which is subject to extensive safeguards, cannot be inappropriately disclosed for the purposes of, or in connection with, court or tribunal proceedings, protecting the integrity of this information.
Further, the amendments will explicitly authorise the AUSTRAC CEO to use a computer program to automate 'positive' administrative actions under relevant provisions of the AML/CTF Act, the AML/CTF Rules, or other instruments made under that Act. Automated actions will only relate to 'positive' decision making responsibilities regarding registration and enrolment of entities which do not result in an adverse outcome for a person or impact the application of procedural fairness principles. These will include decisions to renew the registration of a remittance service provider or a digital currency exchange provider. In practice, the computer program would consider an application for renewal alongside objective criteria such as whether the reporting entity has complied with all requirements specified in the AML/CTF Act and Rules, whether there have been changes to registration details or key personnel, and whether there have been disclosable civil or criminal proceedings, actions or convictions against any key personnel in the period since the entity was last registered. If no issues are identified, the person's application for renewal of their registration is accepted. If potential issues are identified, the application is forwarded to an AUSTRAC officer to manually process the application and make a decision.
Amendments to the Witness Protection Act 1994 will improve outcomes for participants of the National Witness Protection Program, and assist the Australian Federal Police in its management of the program. The amendments will achieve this by correcting a drafting oversight to ensure that past participants of witness protection programs, which preceded the existing National Witness Protection Program, are covered by theWitness Protection Act 1994 . The amendments will allow participants to be temporarily suspended from receiving protection and assistance under the witness protection program in appropriate circumstances, rather than needing to exit and re-enter the program. The amendments will also modernise certain processes and terminology throughout the Act which will also assist with reducing the administrative burden on the AFP.
The amendments to the Mutual Assistance in Criminal Matters Act 1987 will expand the existing mandatory ground of refusal regarding torture. Currently, requests for assistance must only be refused if the person who is the subject of the request may be subjected to torture. This amendment expands the scope of the ground of refusal so that the Attorney-General must refuse requests where there are substantial grounds to believe that any person would be in danger of being subjected to torture if the request were granted. This may include witnesses, persons who consent to be transferred to a foreign country to give evidence, or other persons that may be impacted.
Amendments to the Foreign Evidence Act 1994 will streamline legal processes by expanding the categories of persons who can sign or certify foreign testimony, and simplifying the process of obtaining testimony from foreign countries for use in Australian proceedings. An additional update to terminology in the Act will reflect, and further enable, the current international practices of providing material by electronic means. These amendments will ensure our legislation reflects current international and Australian domestic practices, and will minimise difficulties in obtaining and admitting evidence.
Amendments to the International Transfer of Prisoners Act 1997 will allow the Attorney-General to refuse consent to applications for transfers to or from Australia at an earlier stage, instead of at the very end of the process. This will make the process more efficient and reduce administrative burdens by ensuring that state and territory governments, foreign countries and prisoners are not unnecessarily consulted where the Attorney-General would be minded to ultimately refuse consent but is unable to do so before seeking consent from all other parties.
A minor amendment to the Criminology Research A ct 1971 will update the process for appointing the Commonwealth representative to the Criminology Research Advisory Council. The amendment will clarify that the appointment applies to the holder of a particular senior executive position, not the individual officer. This will remove the need for the Minister to revoke and remake the appointment each time there is a change in the relevant senior executive officer.
Minor amendments to the Telecommunications (Interception and Access) Act 1979 will address referencing inconsistencies. The amendments will ensure that state and territory-based Public Interest Monitors can provide effective oversight on applications for interception activities made by the relevant agency in their jurisdiction.
Minor amendments to the Telecommunications (Interception and Access) Act 1979 ,Surveillance Devices Act 2004 ,Crimes Act 1914 ,Criminal Code Act 1995 andPrivacy Act 1988 will correct references relating to the South Australia Independent Commission Against Corruption.
Amendments to the Australian Crime Commission Act 2002 will correct a minor drafting error so that the penalty for non-compliance with a notice to produce is in the correct location in this Act.
Conclusion
The Crimes Omnibus Bill 2023 makes minor and technical amendments which will support the proper administration of regulatory, law enforcement, oversight and judicial processes. These changes will improve the everyday operation of government agencies by creating efficiencies and removing doubt and inconsistencies in certain provisions.
These amendments will also improve outcomes for non-Commonwealth government stakeholders, including members of the public who come into contact with the judicial system, state and territory governments, and our international partners.
I commend the Bill to the House.
FAMILY LAW AMENDMENT (INFORMATION SHARING) BILL 2023
The Family Law Amendment (Information Sharing) Bill 2023 is a significant step to ensure that children and families do not fall between the gaps of the federal family law system, and the State and Territory family violence and child protection systems.
The Albanese Government is firm in its view that ensuring the safety and wellbeing of children and their families is a priority. This includes their safety within the family law system.
This Government has made its intentions on the family law system clear. This system must be safe, simpler to use, accessible, and deliver justice and fairness for all families accessing it. The Government is delivering on this commitment through significant reform to the family law system, including through this Bill.
Measures included in this Bill are complementary to the reforms proposed in the Family Law Amendment Bill 2023. Both Bills will work together to create a family law system which meets the needs of its users, centring the voices and best interests of children, and ensuring their safety and wellbeing is the paramount consideration.
Family safety risk in family law matters
The disappointing reality is that family violence, child abuse and neglect continue to permeate our community. Court data from last financial year offers a sobering glimpse into the prevalence of violence and abuse in family law matters:
However, it must be acknowledged the true figures are likely higher.
The significant numbers of matters referred to State and Territory child welfare agencies, and the prevalence of family violence and child abuse risk within family law matters, demonstrates a need to ensure these federal, state and territory systems are joined-up when supporting and responding to the children and families accessing them.
The importance of a joined-up approach between systems has been examined and highlighted by the many reviews and inquiries into the family law system over the last decade. These inquiries, including the Australian Law Reform Commission's (ALRC's) 2019 report Family Law for the Future: An Inquiry into the Family Law System (Report 135) , have been integral to developing this Bill and theNational Strategic Framework for Infor mation Sharing between the Family Law and Family Violence and Child Protection Systems (National Framework) it implements.
A new framework for court-initiated orders for information sharing
This Bill will operationalise key aspects of the National Framework, enhancing the sharing of family violence, child abuse and neglect risk information between the family law courts and state and territory child protection, police and firearms authorities.
The family law courts do not have powers to investigate family violence, child abuse or neglect. They rely on the investigations conducted, and information provided, by state and territory agencies with those responsibilities.
The current legislative framework facilitating information sharing is limited in the information that can be sought by the courts and provided by these agencies. Expanding the information sharing framework within the Act will ensure the family law courts are able to access all relevant family violence, child abuse and neglect information, providing a holistic picture of the risks to both the children and parties to proceedings.
This framework will provide powers for the courts to receive critical information earlier, quicker and throughout proceedings.
The new order for particulars introduced by this Bill will support early information being provided to the courts about the types of documents or information held by agencies. This will assist not only in the making of early or urgent interim orders, but will inform the safe and appropriate case management and triaging of matters. The new order will also increase the efficiency of seeking production of full documents or information, by allowing the court to target the specific documents considered relevant.
The new order for production of documents or information will broaden the scope of information able to be sought. It will ensure the court has access to the full range of information it considers necessary to make orders in the best interests of the children, while considering the safety of all those involved.
Admission of information into evidence
A core tenet of the Bill is balancing the principles of natural justice and procedural fairness against the potential risks associated with the disclosure of sensitive personal information.
The Bill requires that the courts admit into evidence particulars, documents or information shared through the enhanced information sharing framework on which they intend to rely. In doing so, the court must have regard to specific advice provided by information sharing agencies about any risks associated with disclosure of information.
Safeguardin g sensitive information — Exclusions
This Bill recognises the inherently sensitive nature of family violence, child abuse and neglect information. The broader scope of this new information sharing framework necessitated considerations of protected material, and the inclusion of safeguards on the sharing of all family safety information.
Developed in consultation with frontline agencies and peak family violence and family law organisations, this Bill includes protections where the disclosure of documents or information to be shared would:
In providing for the exclusion of these protected materials, the Bill recognises there may be circumstances where the risk of disclosure is outweighed by the risk of non-disclosure.
In these circumstances, the Bill provides avenues for information sharing agencies to provide this information to the courts in a restricted manner, and to communicate the additional risk they see as being associated with the disclosure of information.
The Bill additionally recognises the importance of protecting confidential notifications made by mandatory reporters and everyday Australians concerning suspected family violence or child abuse. The court must protect the identity of notifiers, unless a limited exemption applies.
The limited circumstances in which the identity of these individuals can be disclosed ensures that this critical protection is only infringed in rare instances, where the information is crucial to the decision-making process in the parenting proceedings.
Safeguarding sensitive information — Information S haring Safeguards
In addition to excluding protected materials, the Bill includes a requirement for information sharing agencies, and the courts, to have regard to safeguards when sharing, using, accessing, storing and disclosing information.
The information sharing safeguards will be prescribed in amendments to the Family Law Regulations 1984, ensuring they can continue to evolve to reflect the best practice for the sharing of sensitive information.
These safeguards have been informed by a Privacy Impact Assessment commissioned by the Attorney-General's Department, and through consultation with relevant family law, family violence and child protection stakeholders.
It is envisaged that the information sharing safeguards will include items to ensure:
Information sharing agencies
Amendments to the Regulations will additionally prescribe a broader set of information sharing agencies ahead of commencement of measures in this Bill.
These agencies will include those State and Territory agencies responsible for child protection and welfare, police, and firearms authorities.
The new prescription of agencies will also be clearer about the role of Commonwealth agencies, where they are performing functions for States and Territories. Relevantly, that includes the Australian Federal Police when performing the policing function in the Australian Capital Territory.
The express inclusion of firearms authorities is the single biggest change to these agencies. This change is to support the court in understanding the holistic picture of family violence risk facing families and children.
We know that acrimonious family law proceedings can escalate family violence risk, including the risk of homicide for women and children.
Any death resulting from family violence is unacceptable.
The Government is committed to ensuring that the family law system is safe for families, including those experiencing family violence. Achieving this commitment means learning from and understanding failings in the past, to create hope for the future.
Conclusion
In proposing these measures, the Government thanks all those who contributed to the various reviews and inquiries which have influenced this Bill.
In particular, the Government recognises the contributions of individuals and families with lived experiences of family and domestic violence, the family law system, and its intersection with State and Territory police and child protection systems. Your strength in sharing these experiences, and calling for reform, have been central to developing this Bill.
Keeping children and families safe is at the heart of the family law system. This Bill is one part of ensuring the family law system can deliver on this responsibility.
Family Law Amendment Bill 2023
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The family law system has a fundamental impact on the lives of many Australians. The Government has committed to ensuring it is safer, more accessible, simpler to use, and delivers justice and fairness for all Australian families.
For too long the Family Law Act 1975 (Family Law Act) has been a source of confusion. It has inhibited separated families' ability to put into practice post-separation parenting arrangements that align with this most important principle: the best interests of children must come first.
There is ample evidence demonstrating that key provisions in the Family Law Act have themselves become a barrier to achieving safe and fair outcomes. This Bill takes some critically important steps to address this by:
The Bill addresses other issues important to the safety and wellbeing of children, including:
The Bill also amends the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) to support a timely review of the structural changes made to the court in the last term of government to ensure the courts are operating in a manner which protects the safety of families and provides an efficient resolution of family law matters.
The proposed reforms have not been developed in isolation. Of the many reviews of the family law system conducted in the last decade, we have the benefit of insightful and informed recommendations made by the Australian Law Reform Commission's (ALRC's) 2019 report Family Law for the Future: An Inquiry into the Family Law System (Report 135). We have also considered the recommendations of the Joint Select Committee on Australia's Family Law System which delivered its final report in November 2021.
Changing the framework for making parenting orders
The Bill makes significant changes to Part VII of the Family Law Act, which relates to children.
Parenting arrangements after a separation are often negotiated as parents struggle with loss, grief and financial stress at the end of a relationship.
Despite these challenges, most separated Australian couples are able to settle their own arrangements outside of the family law system, and co-parent successfully. Research by the Australian Institute of Family Studies has found that only 3% of separating families have their parenting arrangements determined by a court. [ ] The parenting provisions in the Family Law Act must therefore serve as a guide to those negotiating their own arrangements, as well as judicial decision-makers.
The complex interaction between Part VII's multiple objects, principles and factors is confusing. Convoluted and complex decision-making pathways, that must be navigated through an understanding of legislation and case law, add significantly to the time and cost of any parenting matter.
The Bill makes a number of amendments to make it easier to understand the issues to be considered when determining parenting arrangements in the best interests of the child.
The existing objects and principles of Part VII, in section 60B, are often misunderstood to be legally binding, and contain significant overlap with the best interests factors. The Bill replaces these with a much shorter objects clause to make clear that children's best interests are the most important consideration in making decisions about parenting arrangements, including their safety. Australia's obligations under the United Nations Convention on the Rights of the Child are also reflected in the new objects clause.
The Bill streamlines the complex list of factors to be considered when determining the best interests of a child. The changes mean the court will now simply consider six 'best interests' factors to decide what the best parenting arrangements for each child are. The factors include the child's safety, the benefit of having relationships with both parents, any views expressed by the child and their developmental, psychological, emotional and cultural needs.
These six factors are complemented by additional specific consideration of opportunities for Aboriginal and Torres Strait Islander children to maintain a connection with family, community, culture, country and language.
The Bill removes the presumption of equal shared parental responsibility and the associated provision that requires a court to consider certain time arrangements for children to spend with each parent.
It also codifies existing case law about the reconsideration of parenting orders, making it clear that it must be in the best interests of the child, and a significant change in circumstances must have occurred, for an existing parenting order to be reconsidered.
These changes are essential if the very complicated existing framework is to be made more workable.
Repealing the presumption of equal shared parental responsibility
The Government recognises that for most children, it is strongly in their best interests to have a loving and nurturing relationship with both parents after separation. The simplified list of best interest factors includes consideration of the benefits to children of having a relationship with each of their parents, where it is safe to do so.
However, it is necessary to amend the law so it is clear that there is not, nor has there ever been, an entitlement for parents to spend equal time with their child after separation. Multiple inquiries into the family law system have recognised that the equal shared parental responsibility provisions, in combination with the associated requirement for the court to consider certain care time arrangements, have been widely misunderstood as creating this right.
As Justice O'Brien observed in 2010: A law that cannot be understood by the people affected by it—or worse still lends itself to being misunderstood—is a bad law. That is particularly so when we are talking about a law which affects families and children. [ ]
Removal of these provisions will ensure that the law more clearly identifies that children's needs and interests should be the focus. It is a sad reality that concerns about family violence, health issues or substance abuse are present in a very large number of family law cases. As the Family Law Council's submission to the consultation process on the exposure draft of the Bill observed, a 'legislative framework that attempts to influence decision making towards a particular outcome is inappropriate, especially having regard to the high levels of concerns about child safety, family violence and other issues that can negatively influence child and adult wellbeing among the families that turn to the family law system for assistance with parenting arrangements.'
In relation to parenting arrangements agreed out of court or by consent, these provisions have been found to cause parties to agree to unsafe arrangements, because they believe the law requires them to do so. Many stakeholders consulted on the Bill have also expressed concern that continuing requirements for parents to share decision-making for their children have provided avenues for high levels of conflict and coercive control.
Where parents can safely consult on major long-term issues for their children, the legislation will encourage parents to do so and to focus on outcomes that will be in the best interests of the children. The legislation will make clear the orders that can be formulated in relation to parental decision making on major long-term issues.
While these changes are significant, it is important to note that the proposed amendments will not limit the court's power to make orders about parental responsibility or shared time. They will, however, implement a safer and simpler framework for making parenting orders.
Enforcement of child-related orders
Non-compliance with parenting orders is a common issue, causing distress for many families. The ALRC and Joint Select Committee both identified challenges with the current law.
The Bill simplifies the operation of the existing provisions for enforcing parenting orders, helping parents understand the importance of complying with parenting orders unless there is a reasonable excuse not to. It will restructure the current Division 13A of Part VII of the Family Law Act into four clearer parts.
The Bill will make the consequences of non-compliance with parenting orders clearer and easier for court users to understand and for the courts to apply.
The proposed provisions have been informed by Professor Richard Chisholm AM's suggestions, which were endorsed by the ALRC in its 2019 report.
The redraft of the existing Division 13A, while making it simpler to navigate, does not significantly change the underlying principles of any existing compliance and enforcement provisions. Where there is no reasonable excuse for failing to allow contact between a child and a parent, the courts will still have a range of options for addressing issues of non-compliance with parenting orders.
In instances of non-compliance courts will still be able to vary a parenting order, provide for make-up time for missed visits, compensate parties for expenses related to missed visitations, and in more serious circumstances, impose a fine or imprisonment. The Bill removes a rarely used option to impose a Community Service Order in cases of contravention.
The Bill also amends the FCFCOA Act to allow for registrars of both Divisions of the court to be delegated the power to make a further parenting order for make-up time where there has been non-compliance with a parenting order.
Definition of a member of the family and relative
The Albanese Government recognises the significance of family and kinship within this country's proud Aboriginal and Torres Strait Islander cultures. To be more inclusive of these concepts, the Bill will amend the Family Law Act's existing definitions to use language to reflect the diversity of meanings for family and relatives which Aboriginal and Torres Strait Islander peoples may have.
Independent Children's Lawyers
The Bill takes important steps to improve the ability for a child's view to be considered in family law proceedings.
The Family Law Act currently provides for Independent Children's Lawyers, or ICLs, to be appointed by the court to represent a child's best interests, particularly in cases which involve abuse, high levels of conflict and complexity.
ICLs must form an independent view, based on the evidence available, of what is in the best interests of the child. ICLs are obliged to consider the views of the child, if they are expressed, and put these fully before the court with their own, independent, perspective about what arrangements or decisions are in the child's best interests. While many ICLs will meet with the child to determine their views, there is currently no legal obligation to do so unless ordered by a Judge.
The Bill introduces amendments to require the ICL to meet with the child and provide the child with the opportunity to express any view about the matters to which the proceedings relate. This requirement will apply in all cases where an ICL is appointed, including parenting matters, welfare matters or where ICLs are appointed for children in Hague matters.
It is important to recognise that there will be circumstances where it would be inappropriate for a child to meet with an ICL or express a view. An ICL is not required to meet with the child if the child is under 5 years of age, or the child does not wish to meet with an ICL or express their views.
Further, to ensure the safety or wellbeing of the child, the Bill provides that there may be exceptional circumstances when an ICL is not required to meet with the child or seek their views. These circumstances include, but are not limited to, if the meeting with the ICL would expose the child to the risk of physical or psychological harm that cannot be safely managed, or would have a significant adverse effect on the wellbeing of the child.
These amendments support children's rights under Article 12 of the United Nations Convention on the Rights of the Child, while safeguarding their safety and wellbeing.
The Bill amends the Family Law Act to expressly permit the appointment of ICLs in matters under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention) and remove the requirement that there be 'exceptional circumstances' for the court to appoint an ICL in these matters. This change will bring judicial discretion to appoint ICLs in Hague Convention matters in line with other family law matters, so that ICLs can be appointed by the court to represent the child's best interests where appropriate, rather than only in exceptional circumstances.
By enhancing the ability for a child's view to be considered in Hague Convention cases, this Bill will contribute to improved safety of the implementation of the Hague Convention.
Harmful proceedings orders
Many victim-survivors of family violence, and their children, suffer the effects of continued abuse from their perpetrators through misuse of legal processes.
To address a gap in the current law, the Bill introduces the capacity for the court to restrain a party from repeated litigation by making a harmful proceedings order. The focus of the measure is on the protection of the other party and any children from harm, including the detrimental effect on the other party's capacity to care for a child.
Once this order is in place, any further proposed proceedings would first be assessed by the court to ensure that matters that are vexatious, frivolous or unlikely to be successful are not being heard. There will be no erosion of the principles of procedural fairness—applicants will have the opportunity to make the case for the particular matter they wish to bring before the court.
Overarching purpose of family law practice and procedure
The ALRC found that prolonged family law proceedings have negative consequences for parents and children.
This Bill will improve case management and procedure by broadening the overarching purpose of family law practice and procedure that exists in theFCFCOA Act. This overarching purpose provision is aimed at encouraging parties to actively cooperate and negotiate with each other to resolve disputes, with the best interests of children in mind.
The Bill creates a duty on parties and their legal representatives to resolve disputes in a way that ensures the safety of families and children, promotes the best interests of the child, and is as inexpensive and efficient as possible.
There will be cost consequences for parties or their lawyers if they have been found to not be acting in compliance with the overarching purpose. Lawyers will not be able to pass these costs onto their clients.
Protecting family law information
The Bill will also update the Family Law Act to clarify restrictions on communicating identifiable information arising in family law proceedings. Consistent with the ALRC report, this measure will assist those within the family law system, including service providers, government agencies, professionals and parties, by providing greater certainty about the circumstances in which identifiable information can be shared. This measure also ensures that the privacy of those involved in family law matters continues to be protected.
Standards and requirements for family report writers
It is important that courts have the best possible evidence before them when considering what parenting orders to make. A family report is often the only independent evidence available to assist the court. It is crucial that families, the court and all those involved in the family law system can have confidence that every family report has been prepared by a professional with the skills and knowledge required to undertake this important task.
The Bill will introduce the ability to establish standards and requirements to be met by family report writers. Establishing a power for Government to prescribe standards and requirements for these professionals is the first step in addressing concerns expressed by stakeholders across successive reports and public inquiries into the family law system about the competency and accountability of family report writers. Any standards or requirements will be outlined in regulations to be developed following further consultation with stakeholders.
Amendments to the Federal Circuit and Family Court of Australia Act
The Government is committed to the ongoing improvement of Australia's federal courts, and believes that a well-functioning court system is essential to the effective implementation of these reforms.
The Bill amends the FCFCOA Act to bring forward the review of the structural change that merged the Family Court of Australia with the Federal Circuit Court. It is important that such a monumental change to the family law system is reviewed in a timely manner to ensure the new court structure is providing families with a safe, accessible and efficient resolution of their family law disputes.
The Bill expressly clarifies that the appointment of a judge of the Family Court of a State to Division 1 of the Court is permitted under the Federal Circuit and Family Court of Australia.
Conclusion
In closing, the Government is making these changes to the Family Law Act to make it safer and simpler to use, and to provide clarity to the community; guided by recommendations of detailed, insightful and researched reviews into the family law system.
In proposing these measures, the Government thanks all who have contributed to relevant inquiries and the consultation process on this Bill.
This Bill will return the best interests of the child as the central focus of the family law system and will simplify what has become an overly complex and confusing framework for making parenting arrangements.
Migration Amendment (Giving Documents and Other Measures) Bill 2023
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The amendments proposed in this Bill support improved and fairer processes under the Migration Act. They improve the effectiveness of the notification of decisions and actions under the Act, and reduce inefficient processes relating to the making of valid protection visa applications for dual citizens.
Schedule 1 to the Bill comprises a number of common-sense technical amendments to strengthen the notification framework for visa-related decisions. For cancellation-related decisions and actions, the amendments will make it clear that the person affected must be notified in writing, and in the ways specified in the regulations. These amendments will effectively reinforce existing mechanisms which ensure the affected person has the best chance of actually receiving the relevant documents. This enables them to seek independent advice on their options and to avail themselves of natural justice or review rights.
Schedule 1 also introduces a substantial compliance framework in relation to notifications into the Migration Act. This is in response to a number of Court decisions over time that have found notifications invalid for failing to comply strictly with prescribed requirements, despite clearly achieving their purpose, and where there was no prejudice to the recipient's legal rights. The measures proposed in this Bill will ensure that, where a minor or technical error exists in the content of the notification which has not resulted in any substantial prejudice to the person's legal rights, then the notification requirements are taken to have been met. This common sense approach, which already exists in other legislative frameworks, will provide greater certainty in relation to the notification of visa related decisions and actions for both the Minister and the recipient of such notices.
These amendments will reduce uncertainty about highly technical notification issues, and will not diminish the person's ability to fully exercise all available legal rights. Importantly, this Bill does not purport to fix errors of substance in notifications, or errors that substantially prejudice a person's legal rights.
Importantly, these changes ensure that people who receive visa notifications, including relevant information about any natural justice or review rights, will not be disadvantaged. These changes provide greater certainty that notifications relied upon are valid, and a person's legal rights are upheld.
The amendments in Schedule 2 to the Bill will remove the prohibition on nationals of two or more countries from lodging a valid application for a protection visa. Subdivision AK of Division 3 of Part 2 of the Migration Act currently prevents any person who is a national of two or more countries from lodging a valid application for a protection visa, but allows the Minister to lift the bar if it is in the public interest to do so. The removal of this subdivision from the Migration Act will improve administrative efficiencies across the onshore protection visa program and streamline the application process for dual nationals seeking protection in Australia.
From 1 July 2019 to 24 March 2023, 401 prospective protection visa applicants were assessed as being impacted by the application bar. However, in the same period in excess of 55,000 protection visa applicants had to be assessed against this provision before their application could be progressed for further processing.
Of the 401 prospective protection visa applicants impacted by the application bar 196- almost half- were minors.
Currently, dual or multi-national minors included on a valid protection visa application lodged by a parent or other family member are barred from making a valid application without the intervention of the Minister. The removal of this subdivision will ensure that family units can make a valid application for a protection visa together, and minimise the risk of family separation.
This ensures that dual citizens are afforded the same benefits as those with single nationality, by having protection claims to be considered comprehensively under the relevant statutory criteria, without requiring the Minister to consider lifting the bar.
The Government's position remains unchanged- those who can avail themselves of protection from a third country because of nationality or some other right to re-enter and reside in the third country, should seek protection from the third country instead of applying for a protection visa in Australia.
The amendments in this Bill do not make substantive changes to the notification framework, nor do they change the eligibility requirements for the grant of a protection visa. They provide for greater effectiveness and streamlining of processes and create a fairer and more accountable framework.
I commend this Bill to the Chamber.
Australian Organ and Tissue Donation and Transplantation Authority Amendment (Disclosure of Information) Bill 2023
Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023
Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023
Jobs and Skills Australia Amendment Bill 2023
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023
Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023
Treasury Laws Amendment (2023 Measures No. 2) Bill 2023
Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2023
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.
AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY AMENDMENT (DISCLOSURE OF INFORMATION) BILL 2023
Transplantation through organ and tissue donation gives people a second chance at life, allowing them to resume the roles they love among their family, friends, and communities. One organ and tissue donor can transform the lives of many people, and transplants are a well-researched and highly effective treatment. The benefits of organ and tissue transplantation to our society are undeniable.
Australia has implemented a best practice donation system. In 2009, under the then Rudd Labor Government, Australia commenced our national program to increase organ and tissue donation for transplantation. Since then, there has been a significant growth in donation rates, with more than 16,000 Australians receiving a life-changing transplant.
Few people have the opportunity to become an organ donor. An individual needs to die in a hospital, with organs functioning well, to be a donor.
Only around two per cent of people who die in a hospital are able to be considered for organ donation. That's only around 1,400 people a year.
The Australian Organ and Tissue Donation and Transplantation Authority, also known as the Organ and Tissue Authority, has led the national effort to increase organ and tissue donations, in partnership with:
Critical to this work of the Organ and Tissue Authority and DonateLife agencies are promotional and educational activities to increase community awareness of organ and tissue donation. The key aim is to encourage people to register on the Australian Organ Donor Register and talk to their family about donation and what they would like at the end of their life. These activities include commemorative services, educational and community awareness materials such as posters and flyers, and social media content, which often include the sharing of experiences by individuals and families involved in organ and tissue donation and transplantation.
Currently, there are provisions in both state and territory legislation, and the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 that prohibit the sharing of some information related to deceased donors and recipients for the purposes of community awareness and other educational activities by the Organ and Tissue Authority and DonateLife agencies. As a result, the Organ and Tissue Authority, and Commonwealth-funded state and territory DonateLife agencies are limited in the ways they can deliver the national organ and tissue donation and transplantation program, and in particular, community awareness, educational activities, and commemorative events for donor families.
This Bill will amend the Australian Organ and Tissue Donation a nd Transplantation Authority Act 2008 to allow the Organ and Tissue Authority, DonateLife agencies, grant recipients and authorised family members to publish, disseminate or disclose information about deceased donors for the purposes of the Organ and Tissue Authority's community awareness, educational or commemorative activities.
Currently, the OTA Act has restrictive provisions on who can provide that consent being limited to partners of the deceased donor, or by parental guardians if the donor was less than 18 years. These changes will allow the Organ and Tissue Authority and DonateLife agencies to obtain consent for this information from an extended list of family members of donors and recipients that includes a partner, parent, child, sibling, grandparent, grandchild.
With this consent from the family, this information about the respective deceased donor or recipient can then be included in community awareness and educational activities, and in remembrance services for families to commemorate their family member. The sharing of these experiences is invaluable, as it:
The disclosure of this information is restricted to the functions of the Organ and Tissue Authority and DonateLife staff and purposes of the activities as defined in the Bill.
It is important to note that these amendments are not intended to facilitate direct contact between donor families and organ and tissue recipients. Governments intend to protect the right of both donor families and transplant recipients to remain anonymous.
These legislative amendments align with the sentiment that many donor families wish to commemorate their family member in remembrance services, and some also want to help raise community awareness about donation and transplantation.
I would like to acknowledge the valuable work of the Organ and Tissue Authority and DonateLife agencies undertake valuable work in leading the national program to increase organ and tissue donation. And of course, none of this would be possible without donors and their families. I cannot express the extent of my admiration of the families who, during such difficult circumstances, have made the incredible decision to give the ultimate gift of life to another by saying 'yes' to donation are truly admirable. Not only do these families make these decisions, but often these families will then be generous enough toy then share their experience to encourage others to do the same. This is remarkable. This is truly remarkable.
This is demonstrated in I would like to finish by sharing the incredibly moving story told by Mr Rob Clemmens. I met Rob and his two adult daughters, Emily and Isabella attended last month at the announcement event for the 2022 donation and transplantation outcomes at the Royal Melbourne Hospital. Rob was there to share his story and raise awareness about donation. Rob lost his beloved wife Katie last year. Rob and his daughters, made the decision to say yes to organ donation because Katie was always giving to others. Together, they believed it was the right thing to do and something Katie would have wanted. Rob and his family are immensely proud of Katie's legacy as an organ and tissue donor, giving the ultimate gift of life to people through the donation of her liver and kidneys, as well as skin, eyes, and bone. As Rob says, "Katie gave herself in life and in death." I pay tribute to Katie and her family today.
I acknowledge and sincerely thank every donor for the ultimate gift—giving a chance at a full and long life for those needing a transplant. The sharing of donor family stories, such the story of Katie Clemmens, is very powerful in showing what a true gift organ donation is, and in raising community awareness of the importance of organ donation.
This important legislative amendment will enable more families, who would not have otherwise been able, to share their extraordinary stories with the Australian community. This is crucial to improving donation outcomes in Australia.
It is vitally important for all Australians to have a conversation with their families about what they want at the end of their life and if they want to be a donor, to register. I encourage you all to do this as soon as possible.
The ability to communicate the stories of those who have given the gift of life, and of those who have received this gift, is vital to saving lives, and improving the quality of life for more Australians. These changes will support the Organ and Tissue Authority and DonateLife agencies in more effectively achieving these goals.
I commend the Bill to the House.
DEFENCE LEGISLATION AMENDMENT (NAVAL NUCLEAR PROPULSION) BILL 2023
I am pleased to present the Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023.
This Bill is the first legislative step in support of Australia's acquisition of conventionally-armed, nuclear-powered submarines.
As our National Defence Statement published late last month recognises: Australia's region, the Indo-Pacific, faces increasing competition that operates on multiple levels—economic, military, strategic and diplomatic—all interwoven and all framed by an intense contest of values and narratives.
A large-scale conventional and non-conventional military build-up without strategic reassurance is contributing to the most challenging circumstances in our region for decades.
Combined with rising tensions and reduced warning time for conflict, the risks of military escalation or miscalculation are rising.
These interests demand we deploy all elements of our national power in statecraft seeking to shape a region that is open, stable and prosperous: a predictable region, operating by agreed rules, standards and laws, where sovereignty is respected.
Acquiring conventionally-armed, nuclear-powered submarines will unquestionably strengthen our defence capabilities. Indeed, this capability transition represents the single biggest leap in Australian military capability since the Second World War.
It will see Australia become one of only seven nations to operate nuclear-powered submarines.
It will strengthen our capacity to defend Australia and its national interests.
And it will significantly enhance our contribution to the security and stability of the region.
Earlier this year, the Parliament was assured that this Government is adopting a methodical, phased approach that will build our capacity as a nation to safely and securely build, maintain and operate conventionally-armed, nuclear-powered submarines.
This includes developing the full suite of skills, facilities and institutions along with an appropriate regulatory and legislative architecture to be nuclear stewards.
This Bill is the first legislative step to this aim.
This Bill amends provisions of the Australian Radiation Protection and Nuclear Safety Act 1998 and theEnvironment Protection and Biodiversity Conservation Act 1999 .
The amendments clarify that the moratorium on civil nuclear power, as evident in these Acts, does not limit the performance of regulatory functions that might be necessary in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
This means the relevant regulators—the CEO of the Australian Radiation Protection and Nuclear Safety Agency and the Minister for the Environment and Water—are in no way inhibited from performing their functions in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
These amendments will ensure the relevant regulators can perform their functions, if and when required, in the system of regulation that will apply to conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
Let me be clear about what this Bill does not do.
It does not abolish the moratorium on civil nuclear power in Australia, a feature of Australian law since the Howard Government enacted the ARPANS Act and EPBC Act in the late 1990s.
It is not necessary to modify the moratorium on civil nuclear power, other than to clarify that it does not prevent the performance of regulatory functions that might be necessary in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
This is a Defence legislative amendment, focused on the reform to Australian law required to strengthen our defence capability by acquiring conventionally-armed, nuclear-powered submarines.
As indicated at the beginning of my remarks, this Bill is only the first step in support of Australia's acquisition of conventionally-armed, nuclear-powered submarines.
Building the legal architecture to support this endeavour will involve multiple tranches of legislation.
This work will extend beyond the life of this Parliament, and likely beyond the tenure of this Government.
Recently, the Government announced our intention to establish a new independent statutory regulator: the Australian Nuclear-Powered Submarine Safety Regulator.
This new Regulator will have the functions and powers necessary to regulate the unique circumstances associated with nuclear safety and radiological protection across the lifecycle of Australia's nuclear-powered submarine enterprise. This includes associated infrastructure and facilities.
I anticipate legislation to establish the Australian Nuclear-Powered Submarine Safety Regulator and its functions and powers will brought before this Parliament, later this year.
This Bill is a modest and necessary first legislative step towards Australia acquiring conventionally armed, nuclear-powered submarines.
I commend the Bill.
FAIR WORK LEGISLATION AMENDMENT (PROTECTING WORKER ENTITLEMENTS0 BILL 2023
Last year, the Government passed the Fair Work Legislation A mendment (Secure Jobs, Better Pay) Act . Secure Jobs Better Pay delivered on the next step of the Government's plan to lift wages, improve job security and close the gender pay gap.
Secure Jobs Better Pay was about raising the bar—raising the bar on awards, raising the bar on enterprise agreements, raising the bar on bargaining and lifting the floor for workers. This year, it's about closing the loopholes that some businesses use to undercut those arrangements. This Bill is the first step.
This Bill is about protecting worker entitlements including by enshrining the right to superannuation as one of the National Employment Standards. The Bill will also promote gender equality—the amendments to the unpaid parental leave scheme will provide families with greater flexibility so that work and care responsibilities can more easily be shared. The Bill will also deliver reforms to improve fairness in the workplace relations system—by protecting all workers (regardless of visa status) and ensuring casuals in the coal mining industry are on par with their permanent colleagues with respect to long service leave.
The Government has engaged in close and constructive consultation with businesses and unions on these reforms.
I will now outline in detail the measures in the bill.
Coverage of all workers by the Fair Work Act
All workers working in this country are entitled to and deserve protection from exploitation.
It is the view of our Government that the Fair Work Act should be clear that it applies to migrant workers. Doubt has been raised about this and the Government is acting to fix this.
So, while this change might turn out to have been unnecessary, it is it an important protection to make sure that Australian workplace rights apply to everybody. That is why this Bill will make clear that all the protections of the Fair Work Act—including full pay for time worked—apply to all workers working in Australia, regardless of their migration status.
This amendment closes a loophole for employers whose business model relies upon the false assertion that workers on temporary or working visas have fewer rights than other workers.
This change gives effect to recommendation 3 of the Migrant Workers' Taskforce report—which this Government has committed to implementing. It also implements recommendation 3 of the Senate Education and Employment Legislation Committee's inquiry into the Government's Secure Jobs, Better Pay legislation.
Unpaid Parental Leave
The parental leave reforms from our Government are a significant step forward in both fairness and economic participation.
This Parliament has recently passed the largest expansion to government-funded Paid Parental Leave since the scheme was established in 2011. The changes in this Bill go hand in glove with changes which have been made by the Minister for Social Services. These changes provide the commensurate employment rights to ensure that the Government's changes to Paid Parental Leave have real meaning.
The Fair Work Act also has a key role to play in implementing our vision for women's full workforce participation—as well as ensuring families can jointly share work and care responsibilities.
The amendments proposed by this Bill will modernise unpaid parental leave to give parents more opportunity and more choice about how they balance and share their work and caring responsibilities.
Parental leave works best as an entitlement when it suits the circumstances of each family. Balancing work and care looks different for every family—our Government wants a flexible unpaid parental leave entitlement that reflects modern Australia.
This Bill also significantly increases the days of leave that can be taken flexibly, from 30 days to 100 days. This allows families to work out arrangements on their own terms.
This Bill also allows for pregnant employees to access some of their flexible unpaid parental leave entitlement before the birth of their child.
It also removes unnecessary restrictions on two working parents in a family taking more than 8 weeks of unpaid parental leave at the same time.
Notice periods will remain the same, providing certainty for business.
Our Government is serious about acting to close the gender pay gap—making it easier for families to balance work and care is critical. This Bill will deliver greater flexibility for working families.
Superannuation in the National Employment Standards
The Bill will also protect workers' superannuation entitlements by including superannuation in the National Employment Standards.
Australians are quite rightly very proud of our world class superannuation system—superannuation is a key part of workers being able to build a financially secure retirement.
Currently, the Fair Work Act does not have an explicit requirement for an employer to pay superannuation to their employees—this is a loophole which needs to be closed.
In almost every instance of wage theft, superannuation is part of how workers have been ripped off. This amendment is about making sure that a worker can recover both superannuation and wages in an underpayment claim under the Fair Work Act. Until now, many workers have had to claim the take home pay and superannuation through two separate processes.
It will still be possible (and preferable for some people) to recover superannuation via a complaint to the Australian Taxation Office. However, the red tape that requires workers to apply to two different systems for the same underpayment ends with this Bill.
Workers who do not have the protection of an award or an enterprise agreement can be left exposed as they do not have a statutory right to superannuation. Enshrining the requirement to pay superannuation in the National Employment Standards puts on notice those who seek to exploit this loophole that payment of superannuation is a non-negotiable minimum standard.
These changes will expand coverage to thousands of award-free employees, such as those on the National Minimum Wage, and employees in certain occupations such as accounting, human resources, marketing, public relations, and information technology specialists.
Deductions
For a long time, workers have signed deduction forms for union membership or health insurance in the knowledge that payments may vary from time to time. At any stage, workers can decide if they want the deduction to continue. There have been some legal questions have raised as to whether the initial deduction authority can continue if the fees change over time.
This change simply makes sure that the law is consistent with the intention of the individual worker when they sign a deduction form as deduction amounts change over time, without employers or workers having to go through endless red tape.
Technical amendments t o clarify the interaction between enterprise agreements and workplace determinations
One of the significant achievements of Secure Jobs Better Pay was to increase access to arbitration. This amendment clarifies that when there is an arbitrated outcome, it takes precedence over an agreement that covers the same workers.
Coal Long Service Leave Scheme changes
Until now, there has been a glitch in the scheme—casuals have always been ripped off when it comes to long service leave in the coal industry. If a casual coal industry worker works a significant number of hours one week, and then has a week when they don't work any hours, the system does not average the hours fairly. This means that casuals are accruing a lower entitlement than their permanent counterparts even though they could have worked the same—or more—total hours. This amendment means that whenever a casual coal industry worker is working a week-on week-off roster, it all counts towards their long service leave.
In December 2021, an independent review into the Coal Mining Industry (Long Service Leave Funding) Scheme (the Scheme) found that casual employees in the Scheme are treated less favourably than permanent employees. Measures in this Bill will amend legislation enabling the Scheme to address this inequity and implement a recommendation of the independent review.
The amendments will make clear that the levy imposed on a casual employee's wages within the Scheme and payment of an employee's entitlement include casual loading. This gives employers greater clarity and ensures that casual employees are not disadvantaged when accessing their long service leave entitlement. Currently, if you're a permanent employee who takes a week of annual leave, the time that you're on leave still counts to long service leave. Casual loading is meant to be in lieu of this certainty, but the loading hasn't been included. That unfair situation ends with this Bill.
Conclusion
Secure Jobs Better Pay was about raising the bar for workers and their entitlements. There is no point raising the bar for workers if loopholes that undermine these worker entitlements remain open. This Bill, Protecting Worker Entitlements is the beginning of our Government's reforms to close these loopholes. These reforms contribute to the fairer workplace relations system that our Government is delivering for Australian workers.
I commend this Bill to the Chamber.
FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHILD CARE SUBSIDY) BILL 2023
The Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2023 amends the A New Tax System (Family Assistance) (Administration) Act 1999 to align it with existing practice in relation to the Child Care Subsidy.
Recently, errors were identified in the existing legislation concerning the way some overpayments of Child Care Subsidy are recovered by the Commonwealth.
These errors date back to when the CCS was introduced by the former Government in 2018.
The consequences of those errors, which the Government believes were unintended by the former Government, are that in certain circumstances the Commonwealth's processes for recovery of overpaid subsidy have not been supported by the legislation.
This bill rectifies those errors and aligns the legislation to long-standing policy and practice. It confirms who is responsible for the repayment of overpaid amounts of CCS subsidy and provides further clarity for providers and families.
The Government has worked swiftly to bring the Bill to the Parliament after the Minister for Education and the Minister for Early Childhood Education were advised of the issue last month, and it is important that the measures be enacted promptly to allow for the proper recovery of overpayments in the future.
The Department has consulted with the Early Childhood Education and Care Reference Group on the amendments and will shortly establish a process for the repayment of any amounts which have been recovered in a manner inconsistent with the current legislation.
The Department will continue to work with Early Childhood Education and Care providers and any affected families to explain the process and answer any questions.
The measures in this Bill are important for the integrity of the Child Care Subsidy system and ensuring that recovery of overpayments is made appropriately.
I commend the Bill to the Chamber.
INFRASTRUCTURE AUSTRALIA AMENDMENT (INDEPENDENT REVIEW) BILL 2023
The Australian Government makes substantial investments in infrastructure across the nation including in transport infrastructure, through the Infrastructure Investment Program; in communications infrastructure, through the National Broadband Network and mobile connectivity; in energy infrastructure, by supporting rebuilding the electricity grid; and in water infrastructure, to build essential water supplies across Australia. Good investment in infrastructure creates significant opportunities by creating jobs, building communities and unlocking economic growth and productivity.
Infrastructure Australia was established by the current Prime Minister in the last Labor Government to provide independent, expert advice to the Australian Government on infrastructure investment that Australians need. Since then, Infrastructure Australia has been sidelined with a lack of genuine influence. It has been stretched too far and too thin without a proper focus. These amendments ensure that Infrastructure Australia is the adviser to the Australian Government and that it is evaluating proposals submitted by the Australian Government, States and Territories.
The infrastructure environment has also changed significantly since its establishment, which is why this Government commissioned an independent review to identify the changes needed to restore Infrastructure Australia and refocus its priorities.
This bill responds to the recommendations of the independent review of Infrastructure Australia, conducted by Nicole Lockwood and Mike Mrdak AO.
The Government's response to the review recommendations will position Infrastructure Australia to achieve its core purpose—to provide quality, independent advice to the Australian Government on infrastructure that supports the economy, builds the nation and addresses the challenges and opportunities of the future.
This bill makes important changes to the Infrastructure Australia Act to provide the framework for implementing the government's response to the review's recommendations.
The bill's amendments will provide for greater alignment between Infrastructure Australia's work program and the advice the government needs to make informed infrastructure investment decisions.
This Government intends to clearly set out its infrastructure policy objectives, which will inform Infrastructure Australia in carrying out its work.
Infrastructure Australia's focus will continue to be on transport, water, energy, and communications infrastructure, the nationally-significant infrastructure that connects our cities and our regions, and is an enabler of the economy.
Infrastructure Australia will be strengthened as an adviser on project merits and priorities, and will deliver a more refined and targeted infrastructure priority list linked to its audit, Government priorities and Australian needs. These changes will remove duplication and build on the strong relationships with the jurisdictions, harmonising processes and leading to better targeted advice to appropriately inform Australian Government decision-making.
Importantly, Infrastructure Australia will retain its statutory independence, which will ensure it continues to provide impartial advice to the Australian Government, particularly on infrastructure project selection and prioritisation, for investment in projects where it matters the most.
The new governance model put forward for Infrastructure Australia, will ensure it has the eminence, authority and standing to be a national leader and coordinator among infrastructure advisory bodies. The three commissioners will collectively have strong and relevant expertise and be responsible for the delivery of Infrastructure Australia's functions.
The Government expects the commissioners will be engaged in delivering the work of Infrastructure Australia, rather than being merely an oversight body. Persons appointed to the Commissioner roles will have been identified through a merit-based process and will be highly experienced members of the infrastructure sector.
Infrastructure Australia is now providing advice on infrastructure proposals through the Budget process and will support the slimmed-down governance structure with an advisory council consisting of infrastructure sector experts and Commonwealth agency senior officials.
The advisory council will provide strategic advice to the commissioners and help improve Infrastructure Australia's interactions with Government investment and decision-making processes.
Whilst the bill implements the recommendations of the independent review of Infrastructure Australia requiring legislative changes, a new Statement of Expectations will be issued to Infrastructure Australia to implement the remaining recommendations of the review.
Together, these changes will set Infrastructure Australia up to once again be the Commonwealth's expert adviser on infrastructure.
INSPECTOR-GENERAL OF LIVE ANIMAL EXPORTS AMENDMENT (ANIMAL WELFARE) BILL 2023
Animal welfare is important to the Australian community and they expect robust oversight, accountability and transparency of animal welfare in livestock exports. The Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 reinforces the government's commitment to strengthening animal welfare by expanding the current office of the Inspector-General of Live Animal Exports to provide enhanced focus on animal welfare. This Bill, together with the funding that we have already committed through the October 2022-23 Budget to expand this office, delivers on our 2022 election commitment. The additional objects and functions proposed in this Bill will help to increase oversight, accountability and transparency for animal welfare in exported livestock, and delivers on the government's commitment to strengthening animal welfare.
This Bill provides for an expanded and independent office of the Inspector-General of Animal Welfare and Live Animal Exports. It does this by building on the established Inspector-General of Live Animal Exports role with a focus on expanded animal welfare objectives and functions.
The government supports independent and transparent arrangements around the regulation of the livestock exports. Importantly, the central role of the Inspector-General of Animal Welfare and Live Animal Exports will continue to be reviewing the conduct of Commonwealth officials regulating livestock exports, as the current office of the Inspector-General of Live Animal Exports does.
This Bill expands on that role to provide a new level of focus and assurance that Commonwealth legislation and standards are achieving good outcomes for animal welfare, through the objectives put forward in this Bill. These objectives include to:
In addition, the Inspector-General's functions, as outlined in this Bill, are to review the effectiveness of:
A focus on these four pillars of our regulatory system—activities, systems, standards, and reporting—will help to improve and assure the systems in place to achieve export animal welfare outcomes.
For the first time, the Inspector-General will provide an independent layer of oversight over our animal welfare export standards, to assure that Australia's livestock exports continue to be underpinned by high standards and the best available science.
Many of the objectives and functions have been shaped through a public consultation process.
The consultations revealed broad concerns around how—and what—information is reported in relation to livestock exports. This includes whether current arrangements are appropriately considering and reporting on animal welfare outcomes, and whether the current reporting arrangements assure commercial information is appropriately managed.
For this reason, the government has taken steps to substantially expand the role of the Inspector-General around reviewing the reporting arrangements that are currently in place, with a view to ensuring they are fit for purpose—or to recommend improvements as necessary. This encompasses what is currently reported to the Parliament under the Export Control Act 2020 . Together, these new functions will help to inform the government on the best approach to public reporting of livestock export animal welfare outcomes.
The independence of the Inspector-General was another central theme raised through consultation. This Bill responds by clarifying certain processes around how the Inspector-General conducts its reviews and publishes information.
Through this Bill, the government is providing for transparent arrangements around how the Inspector-General can engage consultants for specialised advice, as well as how the Inspector-General publishes information.
The Inspector-General must also prepare an annual work plan for each financial year, in consultation with the Minister. Annual work plans (and variations) must be published on the Inspector-General's website. The Inspector-General will also prepare and publish their work plan for the financial year ahead, setting out key outcomes and priorities.
The Inspector-General will not be subject to interference. This Bill provides for the Inspector-General to have complete discretion in the performance its functions and powers. While the Minister may direct the Inspector-General to conduct a review, importantly, the Inspector-General will not be subject to direction in the conduct of a review or the content of any report.
Together, these enshrine the new Inspector-General's independence from the regulator of Australia's livestock exports.
In summary: the additional objects allow for the Inspector-General to monitor, investigate and report on implementation by the Australian Government of animal welfare and live animal export legislation and standards.
The additional functions include conducting reviews into the effectiveness of Commonwealth systems for the administration of livestock exports under animal welfare and live animal export legislation.
The Bill also provides for independence of the Inspector-General and provides a legislative basis for the Inspector-General to operate independently, impartially and transparently.
Together, the expanded role will increase accountability for—and transparency of—animal welfare in exported livestock.
The Bill delivers on a commitment of the government to strengthen animal welfare and underlines our commitment to holding ourselves accountable.
JOBS AND SKILLS AUSTRALIA AMENDMENT BILL 2023
NATIONAL SECURITY LEGISLATION AMENDMENT (COMPREHENSIVE REVIEW AND OTHER MEASURES NO. 2) BILL 2023
In Australia, as in many other similar democracies, the powers of intelligence and security agencies have changed dramatically in recent years—the product of an increasingly complex and unpredictable security landscape.
In the 1970s and 1980s, the Hope Royal Commissions developed a set of important principles to govern Australia's intelligence and security agencies. In his reports, Justice Robert Hope laid the foundations of a legal framework that ensures that agencies can operate effectively, in accordance with the rule of law and are appropriately oversighted and accountable. Those foundations remain just as relevant today as they did in the 1980s.
On 30 May 2018, the then Government commissioned the Comprehensive Review of the Legal Framework of the National Intelligence Community , which was led by Dennis Richardson AC, an eminent Australian.
The Review was delivered to the then Government in December 2019, and publicly released a year later in December 2020.
The Review affirmed the principles that Justice Hope delivered 40 years ago. This includes foundational principles that agencies must operate in accordance with the law, with propriety and political impartiality, in a manner that respects human rights and fundamental freedoms, and must be accountable for their conduct.
As Mr Richardson noted in his report:
Our laws are not constraints or barriers to operational effectiveness... Rather, they are the guardians of valuable principles and enablers assisting agencies to perform their functions.
Mr Richardson made 203 recommendations in his 2019 report. The former government implemented just 30 recommendations between December 2019 and May 2022.
The National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023 will implement a further 10 of the outstanding recommendations from the Review that fall within my portfolio responsibilities. This Parliament will see further legislation implementing other recommendations of the Comprehensive Review conducted by Mr Richardson in coming months.
Recommendations of the Comprehensive Review
The Bill will address the following recommendations from Mr Richardson's report:
Amendments to the Intelligence Services Act 2001
The Bill also contains amendments to the Intelligence Services Act 2001 . The first amendment would clarify the level of detail that the Minister for Foreign Affairs must describe in a direction under paragraph 6(1)(e) of that Act.
The Bill would also make amendments to the Parliamentary Joint Committee on Intelligence and Security.
The purpose of the Parliamentary Joint Committee on Intelligence and Security is to ensure parliamentary oversight of the intelligence and security agencies. It is the Parliament to which the agencies are accountable, and it is the Parliament's responsibility to oversight and ensure agencies meet the requirements and standards it sets.
Currently, the Intelligence Services Act provides that the Committee is to comprise of 11 members and mandates a composition of six members of the House of Representatives and five Senators.
The Bill would increase the number of members appointed to the Committee to 13 members and remove current constraints on the composition of the Committee. The Bill would provide that the Committee must comprise of at least two Government Members and Senators, and two Non-Government Members and Senators. The remaining 5 members can be drawn from either chamber.
The Bill does not amend the requirement for the Government to hold a majority.
Mr Speaker, the Government is committed to ensuring the legal framework of the National Intelligence Community remains fit for purpose. The principles developed by Justice Hope in the 1970s and 1980s—affirmed by Mr Richardson in 2019—are founded in history, practice and philosophy, and establish important delineations between, and limits on the roles and functions of, agencies. They are of enduring importance in their provision of safeguards, clarification of agency roles and responsibilities, and ensuring lines of accountability.
The Bill I have introduced today affirms the Government's commitment to those foundational principles. The Government sees no reason to abandon them, and many good reasons to retain them.
I commend the Bill to the House.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (STRENGTHENING THE SAFETY NET) BILL 2023
Through our $14.6 billion cost-of-living plan in the Budget, the Government is providing broad-based support, to help millions of Australians in different settings and circumstances. Historic investment in Medicare, cheaper medicines, and help with power bills.
But we know that cost-of-living pressures have a disproportionate impact for those on the lowest incomes, and that is why the Government is providing targeted support to strengthen Australia's social safety net.
The Social Services and Other Legislat ion Amendment—Strengthening the Safety Net—Bill 2023 will implement these measures—it includes amendments that will provide additional assistance to benefit around 2 million people.
These are responsible changes, which are carefully calibrated to balance providing additional support to those on the lowest income support payments, without adding to inflation.
The measures in the Bill deliver on our commitment to consider the rates of payments ahead of every Budget. They deliver on our commitment to provide additional assistance where we can, to those Australians doing it tough, particularly those on income support payments.
This Bill will increase the rate of working-age and student payments by $40 per fortnight. This includes the JobSeeker Payment, Youth Allowance, Parenting Payment (Partnered), Austudy, ABSTUDY, Youth Disability Support Pension and Special Benefit.
This will provide additional support to 1.1 million people.
While income support payments are regularly indexed to keep pace with changes in the cost of living, with this $40 increase, we are providing additional support that recognises the financial hardships and challenges faced by people on these payments.
As a result, the base rate of JobSeeker will increase to $733.10 per fortnight—and that's before regular indexation on 20 September is also applied.
This means that since the Albanese Labor Government came into power in May 2022, the base rate of JobSeeker will have increased by 14 per cent, up from $642.70. This is over $90 more in people's pockets each fortnight to help with cost of living pressures. It equates to over $2,300 in additional support each year.
This is a responsible increase. It bolsters our safety net, which is there for all Australians if they need support.
In addition, the Bill includes amendments to expand eligibility for the higher single rate of JobSeeker to those aged 55 and over, who have been on payment for 9 continuous months or more. This currently applies from age 60.
Over the past decade, the proportion of mature-aged recipients on JobSeeker has significantly increased. Older Australians find it harder to get back into work, often due to age discrimination or poorer health.
The evidence shows older Australians are more likely to be long-term JobSeeker Payment recipients, with 81 per cent of people aged 55 and over on the payment for more than a year.
Over half of this cohort will spend more than 5 years on payment, compared to less than one-third of the general JobSeeker Payment population.
We also know that women over 55 are at the highest risk of homelessness in Australia.
The Government remains committed to tackling age-based discrimination, but this change recognises there is still work to be done and older Australians need more support.
As result of this change, 52,000 older Australian aged 55 to 59 years—55 per cent of whom are women—will benefit from an increase of at least $92.10 per fortnight.
Of course, the Government's priority is always to support people into work—with the dignity of work and the economic security it brings. But even with the low unemployment rate, over 75 per cent of people on the JobSeeker Payment do not report any earnings.
This is often due to complex barriers to employment, such as age discrimination, caring responsibilities, a partial capacity to work due to a physical, intellectual or psychiatric impairment.
The Employment White Paper will look across employment policies at what levers we can use to increase participation and support people into work.
But this measure, this increase to working-age and student payments, is focused on easing financial pressures for Australians who rely on the safety net and who are doing it tough.
The Bill will also support single parents, who are overwhelmingly women, to balance caring responsibilities and paid work. This balancing act doesn't end when the child turns 8.
The Government is investing $1.9 billion to extend eligibility to Parenting Payment (Single) to single principal carers with a youngest child under 14 years of age. Currently when a recipient's youngest child turns 8 they are moved to a lower rate on JobSeeker Payment.
As the Prime Minister has said, single parents carry the world on their back. He has also said that this would make a big and immediate difference for tens of thousands of mums, dads and children right across Australia.
This means around 57,000 eligible single principal carers on JobSeeker Payment whose youngest child is under 14 years will be transferred to the higher Parenting Payment (Single) rate of $922.10 and receive an extra $176.90 per fortnight in their basic payment to help with the costs of raising children.
These recipients will also benefit from additional supplementary payments and the more generous Parenting Payment (Single) income test arrangements.
Single principal carers face many barriers to employment and financial security due to the costs associated with caring for young dependent children on their own.
The new age limit of 14 for the youngest child will deliver more support until children have settled into high school and require less direct supervision from their parents.
This measure ensures that from 20 September 2023, Parenting Payment (Single) recipients remain on payment until their youngest child turns 14. Recipients will continue to receive the same payment rate and retain the same supplementary payments and mutual obligation they currently have.
This measure will benefit many women and First Nations recipients. We know that 95.5 per cent of the Parenting Payment (Single) population are women and around 19 per cent are First Nation recipients.
This measure helps single parents to balance caring responsibilities along with looking for work, and supports those parents to do the most important job—and that is raising their children.
The Government understands access to secure and affordable housing has significant social, economic and personal benefits. We recognise many people are struggling with high rental costs, and renters on income support are at particular risk of rental stress and housing insecurity.
That is why, as part of this Bill, the Government is increasing Commonwealth Rent Assistance maximum rates by 15 per cent, in addition to the usual indexation of payments, effective from 20 September 2023.
This is the largest increase to Commonwealth Rent Assistance maximum rates in more than 30 years, equating to around $700 million a year extra, on top of the roughly $5 billion the Government spends on Rent Assistance each year.
Around 1.1 million households who are paying rent high enough to receive maximum rent assistance will be better off by up to $31 per fortnight, depending on their household type.
This includes recipients of JobSeeker Payment and other working age payments, student payments, the Age Pension, Disability Support Pension, Family Tax Benefit and veteran payments.
Since the Albanese Labor Government came into power in May 2022, the maximum amount of rent assistance for a single person on JobSeeker who is living on their own will have increased by 24 per cent. This is $35 more in their pocket each fortnight to help pay their rent.
Commonwealth Rent Assistance is the Government's most direct lever to quickly provide assistance to those payment recipients who are renting. Our Budget measure will help address the pressure associated with housing costs for a significant number of vulnerable households.
The income support measures reflected in this Bill will increase support to around 2 million Australians who are doing it tough.
As a result of this Bill:
This is responsible, targeted cost of living relief to those who need it most.
This Bill provides additional help to those who face significant barriers to work, even in an economy where the unemployment rate is very low.
It includes compassionate and evidence-based measures that strengthen Australia's safety net, providing the platform for single parents, people on income support and their families to get ahead and create a better future.
The Albanese Labor Government believes in a strong social security system, which doesn't demonise people for needing support. Australia's social safety net should be there for people when they need it. We will always do what we can to support people who are doing it tough and need assistance.
TREASURY LAWS AMENDMENT (2023 MEASURES NO. 2) BILL 2023
Schedules 1, 3 and 4 of this Bill will amend our tax laws to provide targeted support to low-income households, primary producers, and small and medium businesses.
In line with our commitment to provide targeted cost of living relief in this year's Budget, the Bill increases the Medicare levy low-income thresholds for singles, families, seniors and pensioners by 3.9 per cent.
This means that singles with a taxable income of up to $24,276 will not be liable for the Medicare levy—an increase of almost $1,000. Similarly, seniors and pensioners will now be able to earn up to $38,365 and families can earn up to $40,939 without being liable.
The change to thresholds to reflect CPI increases is consistent with increases introduced by previous governments, and will support 1.1 million individuals.
The Bill also assists our primary producers to reduce their carbon emissions, by providing concessional tax treatment for Australian Carbon Credit Unit income.
These changes will allow more primary producers to access income averaging schemes that help to distribute uneven income across multiple financial years, and reduce their tax liabilities. Doing so will support primary producers to diversify their business into carbon abatement activities.
They will also change the taxing point for eligible primary producers holding ACCUs. Instead of being taxed as the value changes each year, they will be taxed in the year of sale. Doing so will support primary producer's cash flow by ensuring they are only taxed in years where they have received income, further incentivising the use of ACCUs.
The final tax measure presented in the Bill reduces the GDP adjustment factor used to work out the amount of pay as you go and GST instalments payable for the 2023-24 income year from 12 per centto 6 per cent.
Small businesses are the backbone of our nation's economy. They're at the heart of local communities, employ millions of Australians, and contribute more than $430 billion to our nation's economy every year.
But the Albanese Government knows that deadly flooding, bushfires and the COVID-19 pandemic have hit our small businesses hard. That's why our Budget delivers for small business.
There will be more small business measures passed in this place in the months to come—but these amendments will provide much needed cash flow relief for small and medium businesses from as early as 1 July.
The reduced GDP adjustment factor of 6 per cent strikes a balance: it will minimise cash flow impacts, while helping businesses avoid tax debts through the contribution of reasonable tax instalments through the year.
Schedules 2 and 5 of the Bill amend access to government guarantees.
As part of the privatisation of the Commonwealth Bank, the Australian Government provided a guarantee to ensure that pre-privatisation members would not risk losing their superannuation following privatisation.
The Bill ensures that these members will continue to benefit from the existing guarantee following a planned merger involving CBA Group Super. This will enable the merger to go ahead, as a superannuation fund trustee can only transfer its members to another fund without their consent if it is satisfied that those members will enjoy 'equivalent rights' in the new fund.
The Government supports consolidation in the superannuation industry, where appropriate, as a driver of better member outcomes.
Finally, the Bill enables the National Housing Finance and Investment Corporation, soon to be renamed Housing Australia, to provide assistance to more Australians in need.
The previous government's failure to act seriously on housing has led to significant challenges across the country. It has meant home ownership is out of reach for many ordinary Australians.
The Bill will expand assistance to those who have not held a property interest in Australia in the preceding 10 years.
This will allow those who have fallen out of homeownership, often due to financial hardship or a relationship breakdown, to re-enter the property market with government assistance.
It also expands eligibility for single parents to include single legal guardians of children, such as aunts, uncles and grandparents.
This change recognises the important role guardians play, and the importance that access to housing has for this group. It will help ensure families of different sanctuaries will have a safe and secure place to call home.
The expansion in eligibility recognises the importance of stable and secure housing in providing a foundation for social and economic wellbeing.
Full details of the measures are contained in the Explanatory Memorandum.
VETERANS' AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES NO. 2) BILL 2023
Speaker
One thing that all members of this house will agree on, no matter our differences, is the obligation of this country to those who have served this nation, or continue to serve this nation in the uniform of our armed forces.
It is my privilege and duty as Minister for Veterans' Affairs and Defence Personnel to continue to uphold this obligation.
Support for veterans and their families is a serious responsibility: that those who have served and sacrificed for our nation should be supported following their service.
This nation, and this Parliament has a solemn responsibility to those who served.
The legislation that I am introducing today, the Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2023 will enhance the support and services available to veterans and their families.
The Australian Government recognises the unique challenges faced by defence personnel, veterans and their families.
Supporting them is one of our key priorities, and that's why the recent Budget had such a significant focus on rebuilding the Department of Veterans Affairs, in order to ensure the foundations are laid to improve access to services and supports for veterans and families.
This Bill enhances support for ADF firefighters who served prior to 2004.
This Bill also extends the treatment of certain income from specified employment programs as "exempt income" for income support means testing, and it extends the availability of rent assistance for veterans and their partners who are overseas but are unable to return to Australia due to exceptional circumstances.
Additionally, this Bill expands eligibility for access to services under the Defence, Veterans' and Families' Acute Support Package, available for families of veterans in crisis.
In December 2022, this Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 .
Among the many beneficial measures introduced by this Act was additional support for injured or ill federally employed civilian firefighters.
Australian Defence Force firefighters are subject to the same, or additional, threats and exposures as their civilian counterparts.
As a consequence, Schedule 1 of this Bill amends the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 to align with the relevant provisions for firefighters to those of their civilian counterparts as now contained in theSafety, Rehabilitation and Compensation Act 1988 .
This amendment will reduce the qualifying period of employment as an ADF firefighter required to be presumptively taken to have made a significant contribution to oesophageal cancers from 25 years to 15 years.
It will also change the wording in the Act to no longer require that firefighting form a 'substantial' part of a person's duties, rather, that it only be 'not insubstantial' part of their duties for the deeming provisions to be applicable.
These changes will provide a simpler basis for acceptance of these conditions for ADF firefighters than the current provisions.
It will also, separately, through Regulations under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (D RCA), introduce eight additional prescribed cancer conditions to be covered under these arrangements, after a 15 year period conditions like; malignant mesothelioma and primary site lung cancer, and after a 10 year period; primary site cervical cancer, primary site ovarian cancer and primary site pancreatic cancer.
When an individual or family member encounters illness, the last thing they want to be doing is jumping through bureaucratic hoops.
This legislative change seeks to take some of the stress out of the equation, streamlining the access services and supports a veteran or family member would be entitled to.
Now, we know that one of the best supports for a veteran transitioning from service is getting them into fulfilling work, something with a sense of purpose.
There's no doubt that following their service in the Australian Defence Force, veterans can go on to make a massive impact on the success of businesses in civilian life.
For many veterans, and indeed businesses, it's not always clear what skills from service apply to the civilian workplace, and veteran employment programs help bridge that gap.
Schedule 2 of this Bill aligns provisions under the Veterans' Entitlements Act 1986 with existing provisions under theSocial Security Act 1991 to allow amounts received from employment programs to not be considered as income for income support means testing purposes.
This will allow amounts received by veterans and their partners from specified employment programs under the Social Security Act to be considered as exempt from the income test under theVeterans' Entitlements Act.
Schedule 3 of this Bill aligns provisions under the Veterans' Entitlements Act with existing provisions under the Social Security legislation, which will allow payment of rent assistance beyond 26 weeks for veterans and their partners when temporarily overseas and unable to return to Australia due to unforeseen circumstances, such as what occurred recently due to COVID-19.
These changes will remove the current existing discrepancy that may impact on veterans and their families receiving income support and rent assistance compared to the entitlements their civilian counterparts are now currently able to receive.
Finally, Schedule 4 of this Bill delivers on our 2023-24 Budget measure to expand eligibility for the Defence, Veterans' and Families' Acute Support Package.
We know that families look different all over the country.
For many kids, grandparents are their primary carers, so we're expanding this Package to make sure that grandcarer veteran families are also supported if experiencing crisis.
The Acute Support Package, which commenced in October 2022, is available to working age veteran families, widowed partners and their children.
The Package is designed to support working age families who are experiencing new and challenging life circumstances that mean the family unit needs support to get back on track.
Services available include a range of wellbeing and skills-based support services for families in crisis, such as childcare, counselling for adults and children, household assistance, transport, and wellbeing, academic and extra-curricular support for children.
The changes will extend eligibility for these services to a small but vulnerable group: children of veterans who are under the fulltime care of their grandparent carers—grandcarers.
This recognises that some grandparent carers may also require assistance when providing full-time care to their grandchildren who are the children of veterans.
This will enable support and continuity of support in line with the intent of the Acute Support Package to support families in crisis.
The Albanese Labor government is committed to supporting veterans and their families.
We're committed to establishing the strongest foundations of support for our service personnel, veterans and their families; a strong foundation for a better future.
I commend the Bill to the House.
Acts Interpretation Amendment (Aboriginality) Bill 2023
That the Acts Interpretation Amendment (Aboriginality) Bill 2023 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 September 2023.
Membership of the Indigenous people depends on biological descent from the Indigenous people and on mutual recognition of a particular person's membership by that person and by the elders or other persons enjoying traditional authority among those people.
That the question be now put.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 1 December 2023:
The adequacy and fairness of process and compensation to acquire compulsory access to agricultural land, Indigenous land and marine environments for the development of major renewable infrastructure, including wind farms, solar farms and transmission lines, with particular reference to:
(a) power imbalances between Traditional Owners, farmers and fishers with governments and energy companies seeking to compulsorily acquire or access their land or fishing grounds, to:
(i) ensure community benefits are delivered with ongoing supports for communities, including First Peoples.
(ii) ensuring proponents and governments obtain Free, Prior and Informed Consent of First Peoples and the protection of cultural heritage.
(iii) protection of flora and fauna, with particular emphasis on threatened species and habitat corridors.
(b) terms and conditions for compulsory access and acquisition;
(c) fairness of compensation;
(d) options for the development of a fair national approach to access and acquisition;
(e) options to maintain and the ensure the rights of farmers and fishers to maintain and ensure productivity of agriculture and fisheries; and
(f) any other matter.
Think forests of wind farms carpeting hills and cliffs from sea to sky. Think endless arrays of solar panels disappearing like a mirage in the desert.
Migration Amendment (Australia's Engagement in the Pacific and Other Measures) Bill 2023
Migration (Visa Pre-application Process) Charge Bill 2023
Excise Tariff Amendment (Product Stewardship for Oil) Bill 2023
Customs Tariff Amendment (Product Stewardship for Oil) Bill 2023
In 1949, Labor Prime Minister, Ben Chifley, spoke of a "light on the hill." A glorious aspiration that he believed could be obtained through the "betterment of mankind."
Growing up, despite my life being dogged and plagued by increasingly diminishing mental health, due to no fault of my own, I was a big believer in this strong Labor principle. A concept that actually transcends political affiliation, which could be seen as something that all Australians could strive for. To me it represented hope, hope that no matter how bad things got, there was still a "light on the hill," a reason to persevere. That my poor mental health wouldn't be a hindrance forever. Things would get better.
I am honoured to have my testimony heard in our nation's Senate chamber. It is a unique privilege. But so many who have suffered from poor mental health have never had the chance to have had their voices heard. Instead, they were given only a failed and severely underfunded system that didn't have the capacity to provide what could have been a life-saving intervention.
One such person, who our underfunded and under-staffed system couldn't save, was the love of my life, Lily.
Lily was a pure light in my world, the most empathetic and talented person I have ever had the privilege of knowing.
She loved musical theatre and acting. She was brilliant at it, in fact. The two of us were expecting a child, she would have been a brilliant mother. Lily was also the victim of life-long abuse and suffered from crippling mental health. All her life, just like myself, she actively sought help from our mental health services, but they simply did not have the resources necessary to lead her onto a path of recovery. In February of 2022, her pain had become unbearable. To her, death seemed preferable than continuing to seek help from a system that couldn't save her and probably didn't care to either.
For a brief moment in 2021, I saw again that "light on the hill." The chance to start a young family, a way out of the black abyss I had been living in. But now, I have no child and I have no Lily.
Because when our politicians actively choose not to do this, people like Lily are denied a chance to live out their dreams of musical theatre or be a mother. People like Lily die.
I am an incredibly stubborn and persistent person. I don't want to lose this fight against my own poor mental health. But I am tired. I scream out for help, putting in applications to our public systems that exist supposedly to help us recover, but it's like I'm screaming into a void where the help never comes. Our bureaucracy seemingly has other priorities. The Albanese government in fact, has removed what could be lifesaving healthcare from its national party platform.
Mental health doesn't discriminate on the basis of political affiliation or identity. Our Labor Government, in the midst of a cost of living crisis, has a chance to unite our increasingly divided nation by lifting people out of destitution, and fixing our impoverished mental health care system …
… For me and many others that 'light on the hill' feels unobtainable and for people like Lily, that light has been permanently extinguished. But it doesn't have to continue being this way.
I know it's very difficult for people to accept the idea that wages don't rise with inflation … and people are experiencing a decline in real wages. That's tough. The alternative, though, is more difficult.
If we accept that premise, inflation at 7% and wage rises match that, what do you think inflation will be next year? It will be higher again and then we will have to have higher wage increases again.
The Commission will be a central pillar in the Government's broader federal integrity framework and will work closely with heads of other integrity agencies across the Commonwealth to strengthen the integrity of the Commonwealth public sector
During their term the Commissioner will be restricted from undertaking outside employment.
A conflict of interest exists when it appears likely that an employee could be influenced … by a personal interest in carrying out their duty.
Conflicts of interests may be real, apparent or potential …
… an actual or apparent conflict of interest is a form of bias and can therefore breach one of the requirements of procedural fairness, affecting the lawfulness of any decision made.
We are trying to influence the decision now. We're an organisation that believes in inclusivity, in diversity and in equality, so any decision made will need to be in line with our core values.
An individual player should be able to nominate their gender identity at the time of nomination for any upcoming competition, tournament or term of play.
By including trans identified males in female category, biological females lose a spot. It's that simple. Seems to me Craig Tilley doesn't understand that concept.
Yes23 has tens of millions of dollars in donations from the approximately 500 corporations and philanthropic organisations that support an Indigenous voice in the Constitution.
On Friday, Rio Tinto announced it would contribute $2m.
We are donating A$2 million in support of the "Yes23" campaign.
Of course, the corporate executive is also a person in his own right. As a person, he may have many other responsibilities that he recognizes or assumes voluntarily—to his family, his conscience, his feelings of charity, his church, his clubs, his city, his country. He may feel impelled by these responsibilities to devote part of his income …
We do not favour any political party, group or individual, or involve ourselves in party political matters. We prohibit the use of funds to support political candidates or parties.
New annual fee categories have now been calculated by ONSR and the Ettamogah Rail Hub was advised of the indicative changes to their regulatory costs on 22 March 2023.
… … …
I recognise that these fee increases will be impactful on some operators. I understand that ONSR is prepared to enter into an agreed instalment/payment plan with the Ettamogah Rail Hub so that the fee payments are spread over the financial year.