The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
Family Law Amendment Bill 2023
Family Law Amendment (Information Sharing) Bill 2023
The child shall … have … as far as possible, the right to know and be cared for by his or her parents.
… respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
… use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child.
I'm satisfied that a number of people who have appeared before me have known that it is one of the ways of completely shutting husbands out of the child's life.
(e) the benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so.
As it has been the product of considerable jurisprudence—
over the last two decades which is available to guide the Court's consideration of the child's relationship with their parents and other people significant to them, it would be undesirable for the Bill to abandon this concept—
… the Law Council's Family Law Section and the majority of its Constituent Bodies—
have expressed concerns that to remove consideration of a meaningful relationship may lead the court to possibly consider thatany relationship may be acceptable, with a consequent reduction in time and communication arrangements as being sufficient to meet that lower threshold.
should be amended to provide a definition of member of the family that is inclusive of any Aboriginal and Torres Strait Islander concept of family that is relevant in the particular circumstances of the case.
States Parties—
shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
State parties recognize—
the important function performed by the mass media—
and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:
… … …
(c) Encourage the production and dissemination of children's books;
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
… … …
(xxii) divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;
(2) The primary considerations are:
(a) the benefit to the child of having a meaningful relationship with both of the child's parents; and
(b) the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
I'm not doing this to be remembered; I am doing this to remind people to act now for nature, for our wildlife, for our forests—and as a reminder to act now for our whole flipping planet.
… I would be very surprised if anyone in the Commonwealth public sector receives more than is received by our Defence Forces.
The Australian Government understands that the work performed by members of the Australian Defence Force is unique and crucial to our nation and our security.
That the Senate take note of the answers given by the Minister for Foreign Affairs (Senator Wong), to a question without notice asked by Senator Colbeck today relating to fuel.
That the Senate take note of the answer given by the Minister for Agriculture, Fisheries and Forestry (Senator Watt) to a question without notice I asked today relating to poverty.
… security agencies are best placed to complete threat assessments in relation to the security of politicians and their families;
That the Senate take note of the statement.
The review focused only on security considerations surrounding the special purpose aircraft guidelines, and did not address accountability and transparency considerations.
These are recommended to be addressed by other government mechanisms before the special purpose aircraft guidelines are formalised and publicly released.
That leave of absence be granted to Senator Dodson from 16 to 19 October 2023, for personal reasons.
That the Senate take note of the explanation.
That—
(a) the Senate notes that:
(i) freedom of information request no. 3331 (the request) sought correspondence, emails and communications between CBUS Super Fund and the Treasurer and his office since 21 May 2022,
(ii) certain documents were not released, or were heavily redacted, under section 45 and subsection 47G(1)(b) of the Freedom of Information Act 1982 , in response to the request on the basis that the documents contain material obtained in confidence or disclosure of the information could reasonably be expected to prejudice the future supply of information to the Commonwealth, and
(iii) documents obtained in confidence or where the disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth is not a sufficient public interest immunity ground to withhold the documents from the Senate;
(b) there be laid on the table by the Minister representing the Treasurer, by no later than midday on Thursday, 19 October 2023:
(i) the email from CBUS Super Fund dated 2:12:59 PM on Monday, 6 February 2023 (document no. 1), without the redactions referred to in paragraph (a)(ii),
(ii) the email from CBUS Super Fund, dated 3:02 PM on Thursday, 24 November 2022, and the response, dated 3:55:00 PM on Thursday, 24 November 2022 (document no. 7), without the redactions referred to in paragraph (a)(ii), and
(iii) two further documents (nos 2 and 8), that were not released in response to the request, due to the operation of section 45 and subsection 47G(1)(b) of the Freedom of Information Act 1982 .
Omit "19 October 2023" and substitute "6 November 2023".
That the Senate—
(a) notes that the Minister representing the Attorney-General has not complied with order for the production of documents no. 324 agreed by the Senate on 11 September 2023;
(b) notes that the response to the order, that 'there are no documents that contain all of the information specified in the order', is not a valid reason to deny information of concern to the Senate;
(c) notes that Odgers' Australian Senate Practice states that 'orders for the production of documents may require the production of documents in the possession of a person or body, or the creation and production of documents by the person or body having the information to compile the documents'; and
(d) requires that the Minister representing the Attorney-General comply fully with the order by 3 November 2023.
The Senate divided. [16:27]
(The President—Senator Lines)
The Senate divided. [16:34]
(The President—Senator Lines)
The Senate divided. [16:37]
(The President—Senator Lines)
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:
In the face of heightened bushfire risk and with firefighters at capacity, there is an urgent need for substantial and new federal government investment in technologies such as water gliders and drones for early detection of bushfires."
That, in the opinion of the Senate, the following is a matter of urgency:
In the face of heightened bushfire risk and with firefighters at capacity, there is an urgent need for substantial and new federal government investment in technologies such as water gliders and drones for early detection of bushfires.
Last year my community and school experienced a catastrophic disaster that saw devastation throughout the district. After three days of being trapped on our property due to a landslide, I was able to help my family clear out my grandparents' home. This was physically productive; however, I was left feeling frustrated and disconnected from helping my broader community. However, programs of Young Change Agents offered me important opportunities to reconnect, activate my resilience and find purpose in my learning. As a class, our opinion was valued. We instigated change and our impact was far-reaching.
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 need for Prime Minister Albanese to support the Opposition's call for a Royal Commission into child sexual abuse in Indigenous communities, audit spending on Indigenous programs, and support practical policy ideas to improve the lives of Indigenous Australians to help Close the Gap."
That, in the opinion of the Senate, the following is a matter of urgency:
The need for Prime Minister Albanese to support the Opposition's call for a Royal Commission into child sexual abuse in Indigenous communities, audit spending on Indigenous programs, and support practical policy ideas to improve the lives of Indigenous Australians to help Close the Gap.
Sexual abuse of children is not restricted to those of Aboriginal descent, nor committed only by those of Aboriginal descent, nor to just the Northern Territory. The phenomenon knows no racial, age or gender borders. It is a national and international problem.
The classic indicia of children likely to suffer neglect, abuse and/or sexual abuse are, unfortunately, particularly apparent in Aboriginal communities. Family dysfunctionality, as a catch-all phrase, reflects and encompasses problems of alcohol and drug abuse, poverty, housing shortages, unemployment and the like. All of these issues exist in many Aboriginal communities.
The Senate divided. [17:50]
(The President—Senator Lines)
That the Senate take note of the document.
That the Senate take note of the report.
We don't support a continuation of that review, because the findings were not significant.
That the Senate take note of the document.
That, noting that a fully empowered Royal Commission with appropriate terms of reference is necessary to learn from the unprecedented government response to COVID-19, the following matter be referred to the Legal and Constitutional Affairs References committee for inquiry and report by 31 March 2024:
The appropriate terms of reference for a COVID-19 Royal Commission that would allow all affected stakeholders to be heard.
The Australian Health Management Plan for Pandemic Influenza (AHMPPI), the national government health sector pandemic influenza plan, outlines the agreed arrangements between the Australian Government and State and Territory Governments for the management of an influenza pandemic. To support an integrated and coordinated response …
The key factors in this plan's approach include:
… to support evidence-based decision making …
In the past all pandemic planning was aimed at responding to a worst case scenario, similar to the influenza pandemic of 1918-19. The 2009 pandemic showed clearly the need for the flexibility to scale the response to be proportionate to the risk associated with the current disease.
This is a painful time for the Jewish and Palestinian communities in Australia, who must be able to grieve the loss of loved ones and publicly express solidarity for those trying to stay safe back home, and antisemitic and Islamophobic attacks on Australia's Jewish and Palestinian communities must stop.
The state of Israel continues to deny the right of self-determination to Palestinians and continues to dispossess them of their land. We aim to rectify this injustice in ways that will allow both Palestinians and Israelis to live in peace, security and equality, exercising self-determination as described by the United Nations Charter.
Call on all parties to comply with international law, relevant United Nations (UN) resolutions, the Universal Declaration of Human Rights and the Geneva Conventions, the International Convention on Civil and Political Rights, and the International Convention on Economic, Social and Cultural Rights and the Convention on the Suppression and Punishment of the Crime of Apartheid.
Reject and condemn all forms of violence, especially against civilians, whether perpetrated by a state, organisations or individuals, while recognising the right of the Palestinian people to resist Israeli occupation in accordance with international law.
… support the tactics of boycotts, divestments and targeted sanctions that are strategic and human rights aligned on:
a) Government representatives, institutions and state-affiliated entities of the state of Israel and the Israeli military and/or;
b) Corporations, entities and organisations that profit from or are complicit in the violation of Palestinian human rights.
Affirm that criticism of Israeli government policies and actions is not antisemitic, and therefore oppose the adoption and enforcement of the International Holocaust Remembrance Alliance definition of antisemitism which conflates criticism of the state of Israel with antisemitism.
Recognise the rise of hateful and violent racism and bigotry including antisemitism and Islamophobia in Australia and commit to the development of thorough anti-racism policies.
Recognise the Right of Return of Palestinian refugees and their descendants to their place of origin through a just and acceptable solution based on UN Resolution 194, or compensation for those who choose not to return. Additionally, support the establishment of international mechanisms guided by international law to facilitate this outcome.
Given the continuing disregard by the state of Israel of calls to halt settlement expansion in the Occupied Palestinian Territories, the Australian Greens:
Call upon the Australian and State governments to halt military and security trade and cooperation with the state of Israel.
Reiterate our call for the immediate freezing of all Israeli settlement activity in the Occupied Palestinian Territories.
Call for the removal of existing Israeli settlers and Israeli security and military forces from the Occupied Palestinian Territories.
We are in different countries and in completely different conditions. But the threat is the same: for both us and you—the total destruction of the people, state, culture. And even of the names: Ukraine, Israel.
I want us to support the people who call for calming down and for peace, and for saving lives, not the people who call for more hate and more violence, that's my request to everyone and I know that's exactly what my brother would want to do.
I'm smiling and I'm happy … I'm elated, it's a day of courage, it's a day of resistance, it's a day of pride, it's a day of victory. This is the day we've been waiting for. Seventy-five years of occupation. Fifteen years of blockade. What happened yesterday was the first time our brothers and sisters broke through the largest prison on Earth. This brings pride to the heart …
We as nations, Australia and Israel, are more inclusive, compassionate and successful societies than any governed by Hamas or its supporters such as Iran. That is why, at this historical turning point of Hamas's evil acts of war against Israel, we stand with our Israeli and Jewish friends, together and resolute in defence of Israel.
Last Shabbat, October 7, 2023—another date that will live in infamy—Israel was suddenly and deliberately attacked by Hamas terrorists, by land, sea and air.
The butchery and savagery that has unfolded in Israel beggars description. Jews were hunted down and murdered in their homes and on the streets. Infants were beheaded in their beds. . Women were raped. The dead were desecrated. Hostages were degraded in public. Whole communities were decimated and buildings burnt to the ground
Not since the Holocaust have so many Jewish lives been taken in a single day.
We are totally shattered as we stand together this evening, mourning the 900 or more innocent lives lost, and praying for the speedy recovery of the injured and the safe release of all of the hostages.
If we had thought that the barbarity of the Holocaust would not happen again, the events of the weekend have demonstrated to the whole world that when Hamas proclaims that it intends to obliterate Israel and its Jewish population, it means what it says.
Hamas, and its backers in Tehran, like ISIS, have once again proved that they are utterly lacking in any concept of the sanctity of human life. There can be no compromise or accommodation with these psychopaths. They must be crushed, and we must brace ourselves for further tragedy.
But we are also filled with a new resolve and a hardened determination. We are fortified by the outpouring of sympathy and support for Israel and our Jewish community from our political leaders, other ethnic and faith communities and hundreds and hundreds of good people from all across Australia, unprecedented since the Six Day War in 1967. Thank you all from the bottom of our hearts.
… unequivocally condemns the attacks on Israel by Hamas, which are the heinous acts of terrorists, and have encompassed the targeting and murder of civilians, including women and children, the taking of hostages and indiscriminate rocket fire;
… stands with Israel and recognises its inherent right to defend itself;
It is only a matter of weeks, or days, or even hours until articles will appear in major publications depicting the Israeli government as indiscriminately targeting innocent Palestinians. Human Rights Watch will yet again vilify Israel as an international outlaw, and the United Nations will pass resolutions demanding that we cease our war of self-defense.
I was a member of Israel's security cabinet when we made crucial decisions about how to fight terror during the second intifada in the early 2000s, at a time when hundreds of Israeli civilians were targeted and killed simply for living in the Jewish state. At that time, I also had regular conversations with my colleagues in the U.S. government about how they handled such asymmetric warfare.
In light of these experiences, I know with certainty that Israel expends more effort than any other country during wartime in trying to minimize harm to innocent civilians on the enemy side. These tools include special warning missiles and even text messages and phone calls, in addition to thorough pilot training and other measures, designed to warn Palestinian civilians of pending attacks and to give them time to get to safety.
Hamas terrorists, by contrast, position themselves and their weaponry in heavily populated areas, including in mosques, hospitals and schools, confident that every innocent person killed is another propaganda victory.
The only way to help neutralize this despicable unconventional weapon in the coming days would be for leaders of Western democracies and responsible Arab rulers to make this message absolutely clear: Every innocent Palestinian killed in this conflagration is the victim of Hamas.
The horrific events of this past Saturday can have no silver lining, but the world would benefit immeasurably if the attack were to prompt free nations, together with leading human rights organizations, to finally unite completely in the fight against terrorism—and in the belief that every state, Jewish or not, has the right to defend itself against the indiscriminate murder of its citizens.
Our traditional home is in Puke. My father owned a general store with food provisions … One day a German transport rolled by with nineteen Albanian prisoners on their way to hard labor, and one Jew who was to be shot.
My father spoke excellent German and invited the Nazis into his store and offered them food and wine. He plied them with wine until they became drunk.
Meanwhile he hid a note in a piece of melon and gave it to the young Jew. It instructed him to jump out and flee into the woods to a designated place. The Nazis were furious over the escape, but my father claimed innocence. They brought my father into the village and lined him up against a wall to extract information about where the Jew was hiding.
Four times they put a gun to his head. They came back and threatened to burn down the village if my father didn't confess. My father held out, and finally they left. My father retrieved the man from the forest and hid him for two years in his home until the war was over. His name was Yeoshua Baruchowic. There were thirty families in the village, but no one knew that my father was sheltering a Jew. Yeoshua is still alive. He is a dentist and lives in Mexico.
Why did my father save a stranger at the risk of his life and the entire village? My father was a devout Muslim. He believed that to save one life is to enter paradise.