The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
… maximum freedom to determine its course of action and express its view in relation to a proposed law.
Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023
The Senate divided. [12:07]
(The President—Senator Lines)
… the government was investing in the regulation and administration of carbon capture, utilisation and storage (CCUS), which would help operators earn carbon credits under the safeguard mechanism.
"While the safeguard mechanism provides an incentive for new CCUS projects to meet abatement goals, it also opens the possibility for the earning of Safeguard Mechanism Credits if CCUS projects are successful in lowering emissions below baselines," …
"Proximity lowers emissions from transportation, while the upcoming large-scale implementation of [carbon capture, utilisation and storage] will lower well-to-ship emissions," …
Mr Bowen also said Labor supported special legislation that would allow Santos to send carbon dioxide from its $5.8 billion Barossa project across an international border to the Timor Sea. He acknowledged the project, which Japan wants to be exempted from the new rules, was reliant on carbon capture utilisation and storage.
Mr Bowen also said Labor supported special legislation that would allow Santos to send carbon dioxide from its $5.8 billion Barossa project across an international border to the Timor Sea.
However, he said Labor supported passing special legislation that would allow Santos to send carbon dioxide from Australia to the Bayu-Undan oil and gas field in the Timor Sea.
"We have introduced the legislation to enable that to occur …
We think that is fair. If we are requiring companies to meet ambitious emissions reduction targets, and they have a way to do it, we can help them achieve it. That legislation is making its way through parliament."
There are corporate interests that are willing to sacrifice our planetary life-support system to keep the fossil fuel industry alive for as long as humanly possible, using unproven technology. Carbon capture and storage, known as CCS, is based on the idea that you can extract carbon dioxide from the smokestacks of coal plants or steel factories, compress it, transport it and then inject it back underground, where, in theory, it will remain forever. And that's assuming you can find the right geologic conditions that are stable enough over millennia so that carbon doesn't leak out and back into the atmosphere.
The problem is not only that the technology is enormously expensive, but that despite over twenty years of research, it is still unproven to work at the scale required to substantially reduce emissions.
Relying on technology that is not ready to be deployed on the scale needed to immediately and drastically address the emergency we face is at best reckless, and at worst an intergenerational crime. It also delays facing the reality that we must stop burning fossil fuels—we need to take serious action and not rely on unproven technology to save the day. As people in climate justice circles like to say, "delay is the new denial." We need to turn the tap off new carbon emissions and start mopping up the damage.
Four lessons politics has taught me about the world.
Firstly, the environment around us is everchanging. Therefore, it is imperative that we are guided by our core values. Our own personal ethical code must underscore every decision we make as individuals. Nowhere is this more apparent than in this senate chamber, where I have observed hours of deliberation over a single word in a proposed bill.
Secondly, as once encapsulated by Albert Einstein, possessing passionate curiosity is paramount. Curiosity is a stepping stone for all political progress, and without curiosity, it is impossible to learn, collaborate and enact change. My own personal curiosity over the past 4 days has allowed me to expand my understanding of the democratic process.
Thirdly, we must seek and encourage diversity of opinion. As a young person living in 2023, I find it distressing that my identity is often placed on a higher pedestal than my ideas. We must not live in an echo chamber. In order for growth and change, we must surround ourselves with unlike-minded people.
Finally, I have learnt that it is extremely difficult to write a 2-minute speech when I have so much more to say.
Importantly, the plan being proposed by the Murray-Darling Basin Authority stipulates that additional water … only be acquired through methods that deliver additional water for the environment without negative social and economic consequences such as infrastructure.
… without more decisive action across all levels of government, working with investors, industry and communities, the energy transition could fall short of what the country needs.
… the pay increase that is recommended, on the advice I have, is above the RBA's estimates for inflation over the next three years.
This … funding … puts patients first.
It will help to stem the bleeding, relieve pressure on our entire healthcare system including our hospitals, and ease pressures on people struggling to afford the care that they need.
That the Senate take note of the answers given by the Minister for Trade and Tourism (Senator Farrell) to questions without notice asked by Senator Scarr and Senator Hume today relating to interest rates.
The former government had an excuse for everything and a plan for nothing. They want to talk about international comparisons. Australians couldn't give a stuff what inflation is in the United States.
That the Senate take note of the answer given by the Minister representing the Minister for Defence to a question without notice I asked today relating to weapons exports.
Australia's role in exporting arms material to Israel must be exposed. If Australian-made weapons are being used against Palestinian civilians, our clients and the public deserve to know.
That the Senate take note of the answer given by the Minister representing the Minister for Defence to a question without notice I asked today relating to ADF pay cuts.
Australia's military is now less capable and ready for potential threats than when Labor first came to office.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Federal Courts Legislation Amendment (Judicial Immunity) Bill 2023, allowing it to be considered during this period of sittings.
Federal Courts Legislation Amendment (Judicial Immunity) Bill 2023
That the following bill be introduced: A Bill for an Act to amend the law relating to federal courts, and for related purposes. Federal Courts Legislation Amendment (Judicial Immunity) Bill 2023 .
That this bill may proceed without formalities and be now read first time.
That this bill be now read a second time.
This Bill would confirm that the same form of judicial immunity that applies to judges of the Federal Circuit and Family Court of Australia (Division 1) also applies to judges of the Federal Circuit and Family Court of Australia (Division 2).
Background
The Federal Circuit and Family Court of Australia (FCFCOA) (Division 2) is Australia's largest federal court. It has jurisdiction to hear a broad range of family law, migration and general federal matters. It is the single point of entry for all federal family law disputes.
The Federal Circuit and Family Court of Australia (Division 2) is also the only inferior court at federal level. The Federal Circuit and Family Court of Australia (Division 1), and each of the other federal courts, are superior courts.
The expression "inferior court", it is important to note, is not a pejorative. It is a legal term of art. The common law has long recognised distinctions between the jurisdiction and powers of superior courts and inferior courts. In the recent decision of Stradford (a pseudonym) v Judge Vasta , a justice of the Federal Court of Australia drew on centuries of common law to conclude that judges of the Federal Circuit and Family Court (Division 2) have more narrow protection under the doctrine of judicial immunity than do their counterparts in superior courts, including the Federal Circuit and Family Court (Division 1).
Judicial immunity protects judges from personal liability for actions done as part of their judicial functions. This ensures judicial independence and, in turn, supports each person coming before the court receiving an impartial and fair decision. Judges must be able to decide matters before them in accordance with their assessment of the facts and their understanding of the law, without the threat of being personally sued.
Following the decision of the Federal Court, there is uncertainty as to the scope of judicial immunity that applies to judges of the Federal Circuit and Family Court (Division 2). The common law concerning what judicial immunity is enjoyed by inferior court judges is highly complex, spanning centuries of case law.
This uncertainty is undesirable, and it arises because the Parliament has not previously clarified the scope of immunity that applies to Federal Circuit and Family Court (Division 2) judges.
This Bill would resolve that uncertainty.
It is important to note that this Bill does not condone misbehaviour or inappropriate conduct by any judge.
Judges can be held accountable in a number of ways.
Most obviously and most commonly, judicial errors can be corrected through appeal.
Complaints about judges can be made to the chief judicial officer of the relevant court.
In extraordinary cases, under section 72 of the Constitution, a judge can be removed by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity.
A Parliamentary Commission under the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 can be established to investigate a specified allegation of misbehaviour or incapacity in relation to a judge.
Effect of legislative amendments
The approach in the Bill is simple. It would extend the more settled and broader common law immunity that applies to a judge of a federal superior court to judges of the Federal Circuit and Family Court of Australia (Division 2). This achieves the aim of providing clarity, without unduly attempting to codify the scope of judicial immunity for federal judges. It will also allow for the doctrine to be refined over time by future decisions of the courts.
The consequential amendments in the Bill will also ensure there is no confusion about the immunity afforded to arbitrators, mediators, registrars and the Federal Circuit and Family Court of Australia Chief Executive Officer after the change to Division 2 judges' immunity. There is no change to the existing policy that certain officers undertaking particular quasi-judicial functions receive the same immunity as would a judicial officer exercising the same function.
The Bill would operate prospectively, meaning it would not affect any matters currently before the Courts or any causes of action that may have already accrued.
Conclusion
Judicial immunity plays an important role in upholding the integrity and independence of the judiciary. By providing judges of the Federal Circuit and Family Court of Australia (Division 2) with legislative clarity about what protections are available to them when they exercise their judicial functions, this Bill will uphold the independence of the judiciary, encourage the finality of legal proceedings and support the timely and effective administration of justice.
That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than midday on Monday, 13 November 2023, a copy of the main briefing document pack (possibly titled 'Consultation on National Environmental Laws Canberra, 30-31 October 2023') that was seen by stakeholders at the consultation sessions on national environmental laws and standards on 30 and 31 October 2023 in Canberra.
That there be laid on the table by the Minister representing the Minister for the National Disability Insurance Scheme, by no later than midday on Friday, 10 November 2023, the final report of the independent review of the National Disability Insurance Scheme.
Omit "Friday, 10 November 2023", substitute "the first sitting day in 2024".
The Senate divided. [15:45]
(The President—Senator Lines)
The Senate divided. [15:53]
(The President—Senator Lines)
That the Senate:
1. Notes that:
a. The Senate Economics Legislation Committee resolved that questions taken on notice during Budget Estimates in May 2023 be provided to the Committee by 14 July 2023.
b. There were 12 responses to questions on notice from Budget Estimates in May 2023 tabled the day before or the day of the commencement of Treasury portfolio Additional Budget Estimates on 25 October 2023;
c. There were a further four responses to questions taken on notice that had not been provided to the Committee at the commencement of Treasury portfolio additional Budget Estimates; and
d. Evidence provided to the Senate Economics Legislation Committee during Additional Budget Estimates shows that responses to all these questions were provided to the approving Minister's office by no later than 17 July 2023, and the majority by 29 June 2023.
2. Requires the Minister representing the Treasurer to attend the Chamber at following the conclusion of motions to take note of answers on Wednesday, 8 November 2023, to provide an explanation, of no more than 10 minutes, of the failure to comply with the resolution of the Senate Economics Legislation Committee;
3. Any senator may move to take note of the explanation required by paragraph 2; and
4. Any motion under paragraph 3 may be debated for no longer than 30 minutes, shall have precedence over all business until resolved, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:01]
(The President—Senator Lines)
GENERAL BUSINESS NOTICE OF MOTION NO. 371
That there be laid on the table by the Minister representing the Minister for Education, by no later than 5 pm on Monday,
13 November 2023, a copy of the final report for the:
(a) national competitive grants program process review;
(b) assessment of the impact of ARC funded research; and
(c) financial sustainability review of the ARC.
GENERAL BUSINESS NOTICE OF MOTION NO. 372
That there be laid on the table by the Minister representing the Minister for Education, by no later than 5 pm on Monday,
13 November 2023, a copy of the final report on the Review to Inform a Better and Fairer Education System, provided to the Minister for Education.
GENERAL BUSINESS NOTICE OF MOTION NO. 373
That there be laid on the table by the Minister representing the Minister for Education, by no later than 5 pm on Monday,
27 November 2023, copies of all advice, briefings, submissions and reports provided by the Tertiary Education Quality and Standards Agency to the Minister for Education since 1 July 2022 related to cost recovery arrangements.
Notice of motion altered on 6 November 2023 pursuant to standing order 77.
The Senate divided. [16:06]
(The President—Senator Lines)
The Senate divided. [16:13]
(The President—Senator Lines)
(1) That the Senate notes that:
(a) at the estimates hearing of the Education and Employment Legislation Committee on 2 June 2023:
(i) the Assistant Minister representing the Minister for Education was asked to provide any correspondence, directions, notes or other details, including communications with the Department of Education concerning the minister's review of the Higher Education Loan Program (HELP) Australian Taxation Office (ATO) payments system (question no. SQ23-000817),
(ii) the Secretary of the department was asked to provide all communications, emails between the Minister for Education's office, the department and any other relevant stakeholder, including the ATO, concerning the work that is being undertaken to review the HELP ATO payments system (question no. SQ23-000383); (collectively, the documents); and
(b) neither the Minister for Education or the department have provided the documents in answers to questions on notice; and
(2) That there be laid on the table by the Minister representing the Minister for Education, by no later than 4 pm on Friday, 10 November 2023, all correspondence, directions, notes, briefs and other communications received by or sent to the Minister for Education or the department concerning the Minister for Education's review of the HELP
Pursuant to standing order 75, I give notice that today the Australian Greens propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
"To support peace for Palestinians and Israelis, and due to the approximately 10,000 Palestinian deaths and over 1400 Israeli deaths, the Australian Government call for an immediate ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and for an urgent end to the siege on Gaza."
That, in the opinion of the Senate, the following is a matter of urgency:
"To support peace for Palestinians and Israelis, and due to the approximately 10,000 Palestinian deaths and over 1400 Israeli deaths, the Australian Government call for an immediate ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and for an urgent end to the siege on Gaza.
Today is my daughter's 12th birthday, and to be honest I was glad that she felt excited, she had been counting down to it since the beginning of this month.
But last night she was like, "you know what I wish for my birthday? I just wish that it won't be my death day. I wish I won't be targeted by a rocket and the people won't have to say 'wow, she was killed the same day that she was born.'"
This is a moment in history in which we will all feel shame for not doing as much as we can to prevent avoidable suffering. I urge you to agitate forcefully for a ceasefire and peace.
We are sounding the alarm: There is an ongoing campaign by Israel resulting in crimes against humanity in Gaza. Considering statements made by Israeli political leaders and their allies, accompanied by military action in Gaza and escalation of arrests and killing in the West Bank, there is also a risk of genocide against the Palestinian People.
The need for a humanitarian ceasefire in Gaza is getting more urgent with every passing hour. The parties to the conflict and the international community face an immediate and fundamental responsibility: Stop this inhuman collective suffering and dramatically expand humanitarian aid.
The Senate divided. [16:50]
(The Acting Deputy President—Senator Dean Smith)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
With core inflation higher in Australia than United States Germany, France, Italy, Japan, and Canada, and the RBA forecasting inflation will remain above the band for almost a year longer than they had in December, and months longer than what they predicted immediately prior to Labor's Budget in May, Labor has no plan to bring down inflation and reduce the cost of living for all Australians.
Real household disposable incomes had declined by 3 per cent over the preceding year, as strong growth in nominal aggregate labour income had been more than offset by high inflation and rising tax and net interest payments. This had resulted in a period of weak growth in household consumption, including a decline in per capita terms.
… if high inflation were to become entrenched in people's expectations, it would be much more costly to reduce later, involving even higher interest rates and a larger rise in unemployment.
That, noting that as the national electricity grid is rapidly transitioning to more dispersed methods of generation, transmission and storage, and acknowledging that such transitions will transgress on agricultural, Indigenous, national or marine parks, and protected environmental land, the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 11 June 2024:
The compulsory acquisition of land, including interests in land, for purposes related to electricity generation, transmission, distribution and storage with particular reference to:
the interaction and efficacy of compulsory access and acquisition powers and responsibilities of Commonwealth, state and territory governments;
the adequacy of Commonwealth, state and territory legislation, policies, programs, schemes and funding relating to compulsory access and acquisition of land (including an interest in land) from landholders;
the provision, and disbursement, of compensation under Commonwealth, state and territory governments’ compulsory access and acquisition legislation and policy;
identifying best practice approaches to the development and implementation of a fair national approach to compulsory access and acquisition consultation and compensation;
measures required to secure the rights of landowners, farmers and fishers to maintain and safeguard the continued productivity of agriculture and fisheries, including emergency management;
the efficacy of consultation processes between Indigenous landholders, farmers and fishers, and Commonwealth, state and territory governments and energy companies seeking to compulsorily access or acquire agricultural, Indigenous, National and marine parks, and protected environmental lands; and
any related matters.
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:
… … …
(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws;
That the question be put.
That the Senate take note of the report.
That the Australian Education Amendment (2023 Capital Funding) Regulations 2023, made under the Australian Education Act 2013 , be disallowed [F2023L01064].
Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023
We've golden soil and wealth for toil,
Our home is girt by sea.
(5) In performing its functions and exercising its powers, the Board must –
(a) act honestly in all matters concerning the Fund; and—
(b) ensure that its functions and powers are performed and exercised in the best interests of the Tasmanian community.
This action was lodged with Planning and Environment Court on 23 October as an Originating Application and is in addition to the current appeal NuGrow has lodged against Council for refusing its minor change development application.
The application alleges that NuGrow has committed planning offences relating to landfill activity, expanded composting activity, unenclosed composting and unapproved building work at their Swanbank facility.
The Andrew Forrest-led Fortescue terminated approval applications for the Uaroo Renewable Energy Hub last month.
"Green" investing has hit a crisis. Mounting questions over standards and effectiveness have been building for years. This year, investors voted with their feet and rushed for the exits.
… … …
Whatever way you cut it ESG is a thematic – in creating exclusions it means investors will have more volatile returns than a fund that simply invests for the best return.