The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
That general business order of the day no. 61, Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023 and 3 related bills, be considered today at the time for private senators' bills.
That so much of the standing orders be suspended as would prevent me moving a motion to provide for consideration of a matter—namely, a motion relating to the consideration of private senators' bills to be moved and determined immediately.
The bill needs to get up in its entirety … this is a holistic approach in regard to keeping all Australians safe and also reducing the workload of police officers … It's critically important this legislation go through in its entirety and quite soon …
I think the option is to push it all through quickly, basically. It's there for everybody. It's hard but I think we really need to support everybody in this. I know there are people out there who are struggling, but they do know that if we don't look after everybody we will be worse off as emergency service workers because we are the ones who pick up the slack … Everybody has the right to come home from work every day and not be killed on their job just because they're racing to get food to someone's house.
That a motion relating to the consideration of private senators' bills may be moved immediately and have precedence over all other business and be determined without amendment or debate.
That the routine of business be as follows:
(a) consideration of the following bills only:
Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023,
Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023,
Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023, and
Fair Work Legislation Amendment (First Responders) Bill 2023; and
(b) if consideration of the bills has not concluded by 11.30 am, the question on all remaining stages of the bills be put,
(c) paragraph (b) operate as a limitation of debate under standing order 142; and
(d) after consideration of the bills has finally concluded, the Senate shall return to its routine of business.
Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023
Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023
Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023
Fair Work Legislation Amendment (First Responders) Bill 2023
The Government's radical workplace relations changes are a threat to jobs, they're bad for business and bad for workers and they shouldn't be rushed through the Senate,"
Those measures include provisions to close a loophole in the small business redundancy scheme, establish workplace protections for family and domestic violence survivors, expand workers’ compensation for employees experiencing PTSD, and reshape Australia’s asbestos safety regime to also cover silicosis and other silica-related diseases.
Taking away the flexibility that labour hire businesses and their clients need would reduce jobs and investment and threaten the jobs of hundreds of thousands of labour hire workers.
Restaurant and Catering Australia … has joined forces with the … Minerals Council of Australia (MCA) to reject the AHA-government deal.
Legal advice released by the MCA, prepared by Corrs Chambers Westgarth …
I work for BHP Operation Services. I've been coalmining and in the industry for seven years. I've been labour hire the entire time, so I go in and do the same job as everybody else, but I'm paid $40,000 less a year to do the exact same thing.
I've been an aged-care worker for 24 years … The bulk of our casual staff are working two to three jobs … We need to take away the casual role. We need more permanent staff. We're such a low-paying industry we can't entice anyone anymore into aged care. If you take away the permanency … there's nothing to make people work in … aged-care … There's nothing there, and it's not safe for us. It's not safe for our residents. We need more security.
It's … disheartening … confusing, a little bit demoralising, knowing that you're there on the cart doing the same thing … You are cleaning up the vomit on the floor alongside somebody else. You were doing 19-hour duty and … keeping each other awake the same as everyone else, wearing the exact same uniform … and then just to accidentally find out.
I do accept that today, potentially, there is no effect on the business.
… the major 'negative health and safety outcomes' associated with insecure work arrangements, compared with full-time permanent jobs, are:
(1) Higher incidence/frequency of injuries, including fatalities
(2) Poorer physical and mental health …
(3) Poor knowledge of and access to regulatory employment rights and less willingness to raise OHS concerns.
Amendments to the Asbestos Safety and Eradication Agency Act 2013 alter the functions of ASEA to include coordinating action on silica safety and silica-related diseases.
We support ASEA being handed this additional role. Master Builders considers that ASEA has made a significant and positive difference in discharging its existing remit to improve the level of asbestos-related awareness, coordination and safety outcomes.
SELECTION OF BILLS COMMITTEE
REPORT NO. 13 OF 2023
9 November 2023
MEMBERS OF THE COMMITTEE
Senator Anne Urquhart (Government Whip, Chair)
Senator Wendy Askew (Opposition Whip)
Senator Ross Cadell (The Nationals Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Nick McKim (Australian Greens Whip)
Senator Ralph Babet
Senator the Hon. Anthony Chisholm
Senator the Hon. Katy Gallagher
Senator Matt O'Sullivan
Senator David Pocock
Senator Paul Scarr
Senator Lidia Thorpe
Senator Tammy Tyrrell
Senator David Van
Secretary: Tim Bryant 02 6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 13 OF 2023
1. The committee met in private session on Wednesday, 8 November 2023 at 7.08 pm
2. The committee recommends that—
(a) the Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 30 March 2024 (see appendix 1 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023
(Anne Urquhart)
Chair
9 November 2023
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023
Reasons for referral/principal issues for consideration:
A complicated matter.
Possible submissions or evidence from:
Various stakeholders
Committee to which bill is to be referred:
Foreign Affairs, Defence and Trade
Possible hearing date(s):
November 2023- March 2024
Possible reporting date:
30 March 2024
(signed)
Wendy Askew
That the report be adopted.
(a) Government business orders of the day as shown on today's order of business be considered from 12.15 pm;
(b) Government business then be called on and considered till not later than 1.30 pm;
(c) Government Business Notice of Motion No. 379 be considered during general business today.
That leave of absence be granted to the following senators:
(a) Senator Brown for 10 November 2023, for personal reasons;
(b) Senator Gallagher for the 9th and 10th of November 2023, for personal reasons;
(c) Senator McCarthy for 10 November on account of ministerial business.
That Senator Van be granted leave of absence for 6 November to 8 November for parliamentary reasons.
That the following matters be referred to the Environment and Communications References Committee for inquiry and report by 9 December 2023:
The Optus network outage that occurred on 8 November 2023 and its impact on Australians and the services that they rely on, with particular reference to:
(a) the communication from Optus to affected customers;
(b) the steps that Optus is taking to ensure that this does not happen again;
(c) the compensation offered to affected customers;
(d) the role of government in ensuring Australians have reliable access to telecommunications technology; and
(e) any other related matters.
That the motion be amended to read as follows:
That the following matters be referred to the Environment and Communications References Committee for inquiry and report by 9 December 2023:
The Optus network outage that occurred on 8 November 2023 and its impact on Australians and the services that they rely on, with particular reference to:
(a) the communication from Optus to affected customers;
(b) the steps that Optus is taking to ensure that this does not happen again;
(c) the compensation offered to affected customers, including:
(i) compensation offered by Optus,
(ii) the role of the Telecommunications Industry Ombudsman and its compensation scheme, and
(iii) actions taken by the Federal Government to support affected customers to receive fair compensation;
(d) the role of government in ensuring Australians have reliable access to telecommunications technology;
(e) steps taken by the Federal Government to ensure the access to essential service in response to the outage, including:
(i) identification of affected government services,
(ii) the establishment of alternative contact arrangements for affected government services, and
(iii) communication with Australians on those alternative arrangements; and
(f) actions taken by the Federal Government and the Australian Communications and Media Authority on the day of the outage; and
(g) any other related matters.
The Senate divided. [11:40]
(The President—Senator Lines)
That the Senate—
(a) notes that the Albanese Labor Government's Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 is complex and requires intense scrutiny;
(b) requires the Education and Employment Legislation Committee to hold a public hearing on Monday, 22 January 2024 from 9.30 am to 5 pm for the purposes of its inquiry into the bill:
(i) to hear from representatives of the Department of Employment and Workplace Relations for no less than four hours, from 9.30 am,
(ii) to hear from any additional witnesses, as resolved by the Education and Employment Legislation Committee, and
(iii) the Education and Employment Legislation Committee can resolve to conclude the hearing earlier only after paragraph (b)(i) is satisfied; and
(c) requires that the Education and Employment Legislation Committee must not report earlier than its current reporting date of 1 February 2024.
The Senate divided. [11:48]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) order for the production of documents no. 350, agreed to by the Senate on 17 October 2023, relating to communications between CBUS Super Fund and the Treasurer and his office, has not been complied with,
(ii) the Treasurer, in his response to the order, dated 6 November 2023, made a claim of public interest immunity on the basis that the documents sought are commercial in confidence, and
(iii) the Senate has made it clear in its resolution of 30 October 2003 that a claim on this ground must be based on specified potential harm to commercial interests and any claim of commercial confidentiality must be accompanied by an explanation of the ensuing harm from disclosure; and
(b) rejects the public interest immunity claim made by the Treasurer, noting that:
(i) the claim that disclosure would provide an 'unfair insight into CBUS' private opinions and business affairs' is not a sufficient explanation of any ensuing harm from disclosure,
(ii) the claim that disclosure of commercial in confidence information has the potential to 'damage the frankness and candour of future consultation processes' is not a sufficient explanation of any ensuing harm from disclosure, and
(iii) the public interest in disclosing the documents outweighs any potential effect on the commercial affairs of CBUS; and
(c) requires the Minister representing the Treasurer to comply with the order by no later than midday on Monday, 13 November 2023.
The Senate divided. [11:55]
(The President—Senator Lines)
GENERAL BUSINESS NOTICE OF MOTION NO. 381
That there be laid on the table by the Minister representing the Minister for Resources, by no later than 4 pm on 17 November 2023, any emails, file notes or briefing documents from, or received by, the Department of Industry, Science and Resources between 1 March 2023 and 30 September 2023 that mention Santos or their lobbyist, Ms Tracey Winters, and communications they made with JERA, Tokyo Gas or members of the Japanese Government in relation to the Barossa gas project and the Safeguard Mechanism.
GENERAL BUSINESS NOTICE OF MOTION NO. 382
That there be laid on the table by the Minister representing the Minister for Climate Change and Energy, by no later than 4 pm on 17 November 2023, any emails, file notes or briefing documents from, or received by, the Department of Climate Change, Energy, the Environment and Water, between 1 March 2023 and 30 September 2023, that mention Santos or their lobbyist, Ms Tracey Winters, and communications they made with JERA, Tokyo Gas or members of the Japanese Government in relation to the Barossa gas project and the Safeguard Mechanism.
Intellectual Property Laws Amendment (Regulator Performance) Bill 2023
That this bill be now read a third time.
Statutory Declarations Amendment Bill 2023
That this bill be now read a third time.
Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023
(1) Schedule 1, page 4 (before line 4), before item 1, insert:
1A Subsection 4(1)
Insert:
applicable risk framework and guidelines means the following:
(a) the Risk assessment and management framework for CO2 sequestration in sub-seabed geological structures , in Annex 3 to Resolution LC/SG-CO2 1/7 adopted on 3 November 2006 by the Contracting Parties to the Protocol;
(b) the Specific guidelines for the assessment of carbon dioxide for disposal into sub-seabed geological formations , in Annex 8 to Resolution LC 34/15 adopted on 2 November 2012 by the Contracting Parties to the Protocol.
Note: These documents could in 2023 be viewed on the International Maritime Organization's website (https:// www.imo.org/en/).
(2) Schedule 1, item 3, page 5 (after line 15), after paragraph 19(7B)(d), insert:
(da) that there is an agreement or arrangement in force:
(i) between the Commonwealth and each entity that is proposing to export the controlled material; and
(ii) under which each of those entities agrees to comply with the applicable risk framework and guidelines; and
(db) that the other country to which the export relates has equal or better standards of environmental management, regulation and enforcement as compared to Australia;
(3) Schedule 1, page 5 (after line 16), after item 3, insert:
3A After section 21
Insert:
22 Conditions imposed by this section in respect of permits for the export of controlled material
(1) This section applies for each permit for the export of controlled material from Australia to another country for dumping.
(2) A condition imposed in respect of the permit is that the holder of the permit must:
(a) monitor whether the export of controlled material for dumping, or any act or omission relating to the export, is likely to cause or result in any condition or damage of the kind set out in paragraph 16(1)(a), (b) or (c); and
(b) ensure that such a condition or such damage does not arise; and
(c) repair or remedy any such condition, or mitigate any such damage, as does arise.
(3) A condition imposed in respect of the permit is that the holder of the permit must, at all times after the permit has been granted, maintain financial assurance sufficient to give the holder the capacity to meet costs, expenses and liabilities arising in connection with, or as a result of complying (or failing to comply) with:
(a) the condition imposed by subsection (2); or
(b) any other requirement under this Act or a legislative instrument under this Act, in relation to the export.
(4) Without limiting subsection (3), the forms of financial assurance that may be maintained include one or more of the following:
(a) insurance;
(b) a bond;
(c) the deposit of an amount as security with a financial institution;
(d) an indemnity or other surety;
(e) a letter of credit from a financial institution;
(f) a mortgage.
(5) This section does not limit the conditions that may be imposed on the permit by the Minister under section 21. However, sections 21, 23 and 25 do not apply to a condition imposed by this section.
Note: Failure to comply with a condition imposed by this section, or by the Minister under section 21, is an offence (see section 36).
(6) The conditions imposed under this section in respect of the permit continue to apply in relation to the holder of the permit if the permit ceases to be in force.
(4) Schedule 1, item 4, page 5 (after line 28), at the end of the item, add:
(4) Section 22 of the Environment Protection (Sea Dumping) Act 1981 , as inserted by this Part, applies in relation to permits granted on or after the commencement of this item.
However, there are large uncertainties in the technical, economic, and institutional feasibility of developing and deploying novel CDR and fossil-CCS technologies at the extensive scale envisioned in these scenarios. Around 80% of pilot CCS projects over the last 30 years have failed, with annual capacity from operational projects resulting in dedicated CO2 storage currently amounting to less than 0.01 GtCO2/yr …
There are also widespread concerns around the potential negative impacts arising from extensive land-use for conventional or novel CDR, which could affect biodiversity, food security, and the rights of Indigenous peoples and traditional land users.
Finally, carbon capture and storage (CCS) technologies — which can be coupled to fossil fuel combustion to reduce CO2 emissions, or coupled to bioenergy or direct air capture to remove CO2 from the atmosphere — could play a role in addressing residual emissions for hard-to-transition sectors.
However, they are not a free pass to carry on with business as usual. Even if all CCS facilities planned and under development worldwide become operational, only around 0.25 GtCO2 would be captured in 2030 (IEA, 2023a), less than 1% of 2022 global CO2 emissions (Liu et cetera al., 2023). The track record for CCS deployment has been poor to date, with around 80% of pilot projects ending in failure over the past 30 years (Wang et al., 2021). Counting on these largely unproven and relatively costly technologies being rolled out at scale is thus a potentially risky and dangerous strategy.
As described in the previous section, under the median 1.5°C-consistent pathway, around 2.1 GtCO2/yr of fossil fuel-combustion emissions are captured and stored by 2050.
However, the track record for CCS deployment has been very poor to date, with around 80% of pilot projects over the last 30 years ending in failure (Wang et al., 2021). The annual capacity from operational CCS projects that result in dedicated CO2 storage currently sum up to less than 0.01 GtCO2/yr (IEA, 2023a). There is concern that a range of institutional, technical, and financial barriers will constrain CCS deployment (Grant et al., 2022; Lane et cetera al., 2021), and rates of CCS deployment continue to fall below expectations and remain far below those modelled …
Many of the scenarios modelling higher gas levels in the long-term … that do not impose sufficient constraints on CO2 storage potential and injection rates (Achakulwisut et al., 2023). If fossil-CCS fails to scale to the levels envisaged by these scenarios, reductions in fossil fuel production and use need to be even faster.
That the question be now put.
The committee divided. [13:06]
(The Chair—Senator McLachlan)
The Pacific Islands Forum next week will bring together nations who share what we call the Blue Pacific Continent, stretching from the hundreds of islands and atolls of Micronesia in the North all the way down to the Alpine like conditions of New Zealand's Southern tip.
Together, we are custodians of almost a fifth of the earth's surface, and at the great crossroads of strategic interest for many nations. We are also some of the most vulnerable countries to the impacts of climate change and have contributed the least.
One issue looms large and demands our attention. Our neighbour Australia is bidding to preside over Cop31, a crucial meeting of the world's climate negotiators in 2026 in partnership with the Pacific.
As part of the United Nations group known as Western Europe and Others, it will be primarily European countries that decide whether that bid goes ahead. I urge that these countries consider not just Australia's words, but its actions as it plans some of the largest fossil gas expansion in the world in the run up to 2050.
This year's 'global stock take' of decades of climate action will tell us what none of us wants to hear. That we have not, collectively, brought emissions under control—indeed the world's CO2 emissions are set to rise by about 1% to new record in 2023—when they need to fall very rapidly. It is beyond time that we did the one thing that we've not yet tried—keeping fossil fuels in the ground.
Australia has claimed it is "back in the tent" in international climate circles. Indeed, Pacific nations welcomed Australia's renewed commitment to climate action after the 2022 election, where the government won on a platform of greater environmental responsibility. Yet after a year, Australia's commitment to reduce emissions still falls short of what they promised by signing the Paris Agreement.
Pacific Island nations, including my home country, Vanuatu, sit on the front lines of the climate crisis. We face rising sea levels that threaten to swallow our homes and increasingly frequent and increasingly destructive weather events.
Our ability to adapt will be made impossible by Australia's hypocritical gas expansion plans. Vanuatu has been at the forefront of climate action—we led a coalition of countries to secure an advisory opinion on climate change from the United Nations International Court of Justice, and we are working towards a fossil fuel free Pacific.
At great cost, we are decarbonising our shipping register. We understand that climate action may require short term adjustments and we are willing to do that. I'm not confident that all countries share our resolve.
The Pacific Island nations are in desperate need of genuine allies who will stand with us in our fight for survival. Australia, with its financial resources and international influence, should be such an ally. However, for Australia to be seen as a credible leader of climate talks, it must first resolve glaring inconsistencies in its climate policies.
The fact is that Australia remains the world’s third-largest fossil fuel exporter, with 116 new coal and gas projects in the pipeline, some of which are slated to operate until at least 2070. This persistence in fossil fuel expansion is fundamentally at odds with the spirit of the Paris Agreement and poses a direct threat to the climate goals set by the international community.
Australia's bid to lead Cop31 is a momentous opportunity for the nation to prove its dedication to addressing the global climate crisis. The world is watching, and the Pacific Island nations are looking for unwavering support, not empty promises.
And part of that must be conditionality attached to approving its Cop bid. We cannot afford another climate summit brought to you by the fossil fuel industry. The time has come to demonstrate that commitment to climate action is more than just rhetoric. It's time to do the right thing, securing a climate safe future for all our countries.
Minister Plibersek is playing political games with the lives of people in our community, and it's a bloody disgrace.
We, the undersigned Holocaust survivors are the last witnesses to the unspeakable horrors of the Nazi regime. We are witnesses to the antisemitic propaganda that turned our friends, neighbours and the general public against us in Europe. We remember the six million Jewish lives lost because of this hatred.… … …
We write this letter now because today marks 85 years since Kristallnacht (The Night of Broken Glass). On 9 November 1938, the Nazi regime murdered Jews and attacked Jewish life, wreaking terror and burning synagogues.
Rather than condemn these atrocities, the world stood by and watched.
Never have we, the survivors of the Holocaust felt the need to make a collective statement such as this until now. Never did we think that we would witness a re-enactment of the senseless and virulent hatred of Jews that we faced in Europe. The actions of Hamas are so familiar, so barbaric, yet instead of condemning this, the response across the globe is a shameful spike in antisemitism.
… … …
We cannot allow history to repeat itself.
… … …
Antisemitism is one of the world's oldest and most contagious viruses. We ask all Australians to denounce the antisemitism and hatred that we see today in our beautiful country and across the globe.
We ask you to stand with us.
… easy and efficient engagement with options of online, in person and telephone communication which is sensitive to the particular circumstances of the customer cohort.
… it's essential to recognise that the vast majority of the population will not directly benefit from this.
That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter—namely, a motion relating to a call for a ceasefire in Gaza to be moved immediately.
That the question be put.
The Senate divided. [15:22]
(The Deputy President—Senator McLachlan)
The Senate divided. [15:29]
(The Deputy President—Senator McLachlan)
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
I do think we're going to need to make some difficult decisions about the infrastructure pipeline, which factors in those $33 billion of blowouts from …
That the Senate take note of the answer given by the Minister representing the Minister for Immigration, Citizenship and Multicultural Affairs (Senator Watt) to a question without notice I asked today relating to immigration detention.
Australian Government response to the Joint Standing Committee on Electoral Matters report:
Conduct of the 2022 federal election and other matters — Interim Report
Introduction
On 19 June 2023, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Conduct of the 2022 federal election and other matters — Interim Report .(Interim Report).
The Government's formal response to the recommendations of the Interim Report follows below.
Government Response to the Joint Standing Committee on Electoral Matters report:
Conduct of the 2022 federal election and other matters — Interim Report
Majority:
Recommendation 1
The Committee recommends that the Australian Government lower the donation disclosure threshold to $1,000.
Response:
The Government notes this recommendation.
The Government notes the recommendation and welcomes the JSCEM Interim Report into the 2022 Federal Election.
Chair Kate Thwaites, together with all members of the committee, have worked diligently to provide a list of recommendations aimed at strengthening our democracy.
The Government has clear commitments to improved transparency and accountability across our electoral system and believes electoral reform should be undertaken in a consultative and bipartisan manner.
The Government looks forward to engaging with colleagues across the parliament on these vital reforms, pending the committee's final report in 2023.
Recommendation 2
The Committee recommends that the Australian Government introduce 'real time' disclosure requirements for donations to political parties and candidates.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 3
The Committee recommends that the Australian Government gives consideration to amending the definition of 'gift' in the Electoral Act to ensure it meets community expectations of transparency in political donations.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 4
The Committee recommends that the Australian Government introduce donation caps for federal election donations.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 5
The Committee recommends that the Australian Government introduce expenditure (also known as spending) caps for federal elections.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 6
The Committee recommends that donation caps and expenditure caps apply to third parties and associated entities.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 7
The Committee recommends the Australian Government introduce a requirement that all political parties, members of Parliament, candidates, associated entities and third parties be required to establish a Commonwealth Campaign Account for the purpose of federal elections, to better allow for disclosure and monitoring.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 8
The Committee recommends the Australian Government introduces a new system of administrative funding to recognise the increased compliance burden associated with a reformed system.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 9
The Committee recommends the Australian Government introduce a new system of increased public funding for parties and candidates, recognising the impact changes a reformed system will have on private funding in elections.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 10
The Committee recommends the Australian Government provide the Australian Electoral Commission with additional resources to support, implement and enforce these reforms.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 11
The Committee recommends that the Australian Government develop legislation, or seek to amend the Commonwealth Electoral Act 1918, to provide for the introduction of measures to govern truth in political advertising, giving consideration to provisions in the Electoral Act 1985 (SA).
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 12
The Committee recommends that the Australian Government consider the establishment of a division within the Australian Electoral Commission, based on the principles currently in place in South Australia, to administer truth in political advertising legislation, with regard to ensuring proper resourcing and the need to preserve the Commission's independence as the electoral administrator.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 13
The Committee recommends that, providing the Committee receives a reference to conduct a review of the next federal election, consideration of the new framework be included in terms of reference to the Committee. Such consideration could include the effectiveness of the revised arrangements, and identification of any further improvements.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 14
Consistent with the recommendation made in this Committee's Advisory report on the Referendum (Machinery Provisions) Amendment Bill 2022, the Committee recommends that the Australian Government strengthen the opportunities for electoral enfranchisement and participation to allow the Australian Electoral Commission to support increased enrolment and participation, particularly of Aboriginal and Torres Strait Islander people, including in remote communities.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Recommendation 15
The Committee recommends the Government resource the Australian Electoral Commission to work directly with Aboriginal and Torres Strait Islander community organisations to increase Indigenous enrolment and participation, particularly in remote communities.
Response:
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Minority report by Kate Chaney MP
Recommendation 1
I propose a further recommendation in terms that—the Australian Government introduces a system of more meaningful funding disclosure that will be readily available on the AEC Transparency Register by:
removing the opaque 'other receipts' category and replacing it with categories to separately identify event income, investment income, membership fees, political party transfers and public funding reimbursement;
requiring the disclosure of the terms of the loans; and
making the AEC Transparency Register easy to use and searchable.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 2
In relation to transparency reforms, I propose a further recommendation in terms that—the Australian Government develops legislation, or seeks to amend the Electoral Act 1918, to regulate lobbying including expanding the lobbyist register and requiring the publishing of ministerial diaries.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 3
In relation to reducing financial influence reforms, I propose a further recommendation in terms that—the Australian Government implements any donation or spending caps informed by the principle of creating a level playing field for new entrants.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 4
In addition to donation reforms, I propose a further recommendation in terms that—the Australian Government seeks to amend the Electoral Act 1918 to:
prohibit political donations from government contractors;
prohibit political donations from social harm industries; and
require corporate entities and unions to obtain member approval before making political donations.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 5
I propose a further recommendation in terms that—the Australian Government seeks to amend the Electoral Act 1918 to enable an independent candidate to register an Independent Candidate Entity, to be treated the same way as a political party.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 6
I propose a further recommendation in terms that—the Australian Government develops legislation, or seeks to amend the Electoral Act 1918, to prohibit government advertising from 2 years after an election until the next election except in the case of a national emergency or other compelling reason as determined by an independently constituted body.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 7
I propose a further recommendation in terms that—the Australian Government seeks to amend the Electoral Act 1918 to ensure the independence of the postal vote process by preventing parties or candidates from achieving an advantage through the process (e.g. by restricting the use and delivery of the AEC postal vote application form).
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 8
I propose a further recommendation in terms that—the Australian Government amends the Privacy Act 1988 (Cth) to remove the exemption of a registered political party from the operation of the Privacy Act.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 9
I propose a further recommendation in terms that—the Australian Government amends the Spam Act 2003 (Cth) to remove the exemption from the Spam Act of registered political parties to send unsolicited electronic messages.
The Government notes this recommendation.
See response to Recommendation 1 of the Majority report.
Minority Report by Senator David Pocock:
Recommendation 1
Increase the baseline level of representation for the ACT and NT in the Senate to as close to half the representation of States as possible. Given the current number of Senators in each State, this would see the ACT and the NT each have 6 Senators. Terms should increase to six years and commence on 1 July following the election in line with the states.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 2
The government should commission an independent body, such as the Australian Law Reform Commission, to develop recommendations to require full disclosure of all receipts above the threshold. Consideration should be given to removing the 'other receipts' category, disclosure of loans and the creation of an AEC Transparency Register, in accordance with Recommendation 1 made by the Member for Curtin, Kate Chaney MP in her Additional Comments.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 3
I support Recommendation 2 made by the Member for Curtin, Kate Chaney MP in her Additional Comments that the government should expand the lobbyist register to include in-house lobbyists. I further recommend that, if a lobbyist holds a sponsored pass that gives access to the Australian Parliament House, the details of the pass including the sponsoring MP or Senator are captured on the lobbyist register. Details of sponsored passes should also be listed on Parliamentarians profiles on the Australian Parliament House website.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 4
The government should establish an independent body to manage and rule on truth in political advertising complaints. This body should be completely separate from the AEC, whose neutrality is a critical feature of our electoral architecture and must be maintained.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 5
Any system developed to regulate political donations and election spending must be developed by a non-partisan, independent body. The introduction of donation and spending caps has the potential to have a significant impact on the ability of independent candidates and micro parties to be elected to Parliament and as such the development of any system must be free of the undue political influence of incumbents.
Response:
See response to Recommendation 1 of the Majority report.
Dissenting report by Coalition members of the Committee:
Recommendation 1
The Coalition members of the Committee recommend that the Electoral Act be amended to allow for the obligations of Registered Political Parties to be applied to independent candidates where the Australian Electoral Commissioner believes those candidates are conducting their activities in a manner consistent with a Registered Political Party.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 2
The Coalition members of the Committee recommend that the Government give consideration to the adequacy of the current electoral regulatory framework to nominate as a candidate at a Commonwealth election, and in particular any measures that could be implemented to strengthen the integrity of the system.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 3
The Coalition members of the Committee recommend the pre-poll period be statutorily limited to be a maximum of one week prior to election day and that the Australian Electoral Commission provide parties and candidates with the earliest possible advice about prepoll locations.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 4
The Coalition members of the Committee recommend that a new offence of 'electoral violence or intimidation' be added to the Electoral Act. This amendment is fundamental to address behaviour arising in an election such as violent, obscene, or discriminatory abuse, property damage, and stalking candidates or their supporters to intimidate them or make them feel unsafe.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 5
The Coalition members of the Committee recommend that the AEC return all electoral practises to pre-COVID standards.
Response:
See response to Recommendation 1 of the Majority report.
Recommendation 6
The Coalition members of the Committee recommend that vote counts after polling day for each electorate should be carried out in the electorate itself, not transported considerable distances.
Response:
See response to Recommendation 1 of the Majority report.
That the Senate take note of the document.
The Committee recommends that the Australian Government lower the donation disclosure threshold to $1,000.
That the Senate take note of the report.
We will take this action to protect an irreplaceable part of Australia's natural heritage. We are determined to safeguard the reef and ensure its survival. We will preserve it both for its intrinsic value and its importance to the tourist industry of Queensland.
Climate change remains the greatest threat to the Reef. It influences weather patterns, ocean temperatures, pH levels and currents, and intensifies the effects of other threats. Climate change is escalating, and the Reef is already experiencing the consequences. Our plan for managing the Reef under a changing climate … will reaffirm our commitment to addressing these impacts.
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.
That the Senate—
(a) commends the Australian Capital Territory Government's commitment to raising the age of criminal responsibility to 14;
(b) notes with concern the ongoing abuse of the rights of children in juvenile detention centres across the country; and
(c) calls on the Federal Attorney-General to coordinate a binding national justice reform strategy that includes raising the age of criminal responsibility across all states and territories to 14, justice reinvestment and diversion.
In the extremely rare instances when a child does something seriously wrong, it's because they've been let down and need our help.
… … …
… by failing to raise the age to 14 … the [Australian] Government is failing Aboriginal children.
Aboriginal kids are over-represented at every stage of the system, from police to court to prison. The ACT imprisons Aboriginal children at 12 times the rate of non-Indigenous children.
It's Aboriginal kids—
It has the capacity to cause immeasurable and lasting damage to an already psychologically vulnerable group.
… handed it to a body that has powers to mastermind collusion and price fixing as part of dramatic changes proposed for the transport industry, …