The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Digital Assets (Market Regulation) Bill 2023
The coins in the pockets of the passengers on the First Fleet were a mixture of currencies from all around the world and included English guineas, shillings and pence, Spanish dollars, Indian rupees and Dutch guilders. It was confusing to try and use these coins to trade because no one knew how much they were worth when compared to each other.
This coin confusion meant that other ways of trading were used. People bartered for goods and services with anything they had—food and rum became popular items to trade.
Treasury Laws Amendment (2023 Measures No. 1) Bill 2023
The Senate divided. [10:16]
(The Acting Deputy President—Senator Sterle)
At the end of the motion, add ", but the Senate notes that:
(a) concerns have been raised by small and medium-sized businesses, especially family businesses, regarding the potential impact of measures contained in this Bill on the ability of private companies to undertake capital raisings and franked dividend distributions to facilitate the departure of one or more shareholders from a company; and
(b) the measures are not intended to affect these ordinary family or commercial dealings of private companies; and
(c) this includes dealings undertaken for the purpose of succession planning and in other scenarios where shareholders exiting a company are paid a franked dividend funded by a capital raising from those shareholders who remain as shareholders in the company".
(1) Clause 2, page 2 (table item 5), omit the table item, substitute:
(2) Clause 2, page 2 (table item 6), omit the table item, substitute:
(3) Schedule 4, item 21, page 40 (lines 7 to 9), omit "after 7:30 pm, by legal time in the Australian Capital Territory, on 25 October 2022", substitute "on or after 18 November 2022".
(4) Schedule 4, item 21, page 40 (lines 14 and 15), omit "after 7:30 pm, by legal time in the Australian Capital Territory, on 25 October 2022", substitute "on or after 18 November 2022".
(5) Schedule 5, item 1, page 41 (line 7), after "a distribution", insert "or a part of a distribution".
(6) Schedule 5, item 2, page 41 (line 13), after "of a kind", insert ", or a part (the relevant part ) of a distribution (also arelevant distribution ) of a kind,".
(7) Schedule 5, item 2, page 41 (line 27), after "funding of", insert "a substantial part of".
(8) Schedule 5, item 2, page 41 (line 28), omit "part of the relevant distribution", substitute "the relevant part".
(9) Schedule 5, item 2, page 41 (line 32), after "funding", insert "a substantial part of".
(10) Schedule 5, item 2, page 41 (line 33), omit "part of the relevant distribution", substitute "the relevant part".
(11) Schedule 5, item 2, page 41 (line 33), at the end of subsection (1), add:
; (d) the issue of the equity interests was not a direct response in order to meet a requirement, direction or recommendation from *APRA or *ASIC.
(12) Schedule 5, item 2, page 42 (line 23), after "apply to", insert "all or any part of".
(13) Schedule 5, item 2, page 42 (line 25), after " funding ", insert "all or part of ".
(14) Schedule 5, item 2, page 42 (line 35), at the end of paragraph 207-159(4)(b), add "or the relevant part (as the case may be)".
(15) Schedule 5, item 3, page 44 (line 8), omit "15 September 2022", substitute "the commencement of this Schedule".
(16) Schedule 5, item 3, page 44 (line 12), omit "15 September 2022", substitute "the commencement of this Schedule".
The committee divided. [10:28]
(The Temporary Chair—Senator Sterle)
(3) Schedule 2, page 14 (line 1) to page 20 (line 6), to be opposed.
The committee divided. [10:32]
(The Temporary Chair—Senator O'Neill)
(1) Clause 2, page 2 (after table item 5), insert:
(2) Schedule 3, page 33 (after line 25), at the end of the Schedule, add:
Part 4 — Appointments to the Tax Practitioners Board
Tax Agent Services Act 2009
16 Paragraph 30-25(4)(a)
Repeal the paragraph, substitute:
(aa) Part 2 (Registration); and
(ab) Subdivision 30-C (Notifying a change of circumstances); and
(ac) Part 4 (Termination of registration); and
(ad) section 60-25 (Appointment of Tax Practitioner Board members); and
17 Section 60-1
Omit:
Comprising at least 7 Board members, the Board has functions and powers relating to the operation of this Act, including investigating your application for registration and conduct that may breach this Act. For the purposes of an investigation, the Board may oblige you to give it information.
substitute:
Comprising at least 7 Board members, the Board has functions and powers relating to the operation of this Act. Board members must be individuals who are representatives of the community rather than representatives of larger registered tax agents or BAS agents.
One of the Board's functions is to investigate your application for registration and conduct that may breach this Act. For the purposes of an investigation, the Board may oblige you to give it information.
18 At the end of subsection 60-10(1)
Add:
Note: Board members must be community representatives (see subsection 60-25(4)).
19 At the end of section 60-25
Add:
Community representatives
(4) In appointing an individual as a *Board member, the Minister must be satisfied that the individual is a *community representative.
(5) An individual is a community representative if the individual is not any of the following:
(a) a partner in a partnership that is a *prescribed tax agent;
(b) an *executive officer of a company that is a prescribed tax agent;
(c) a former partner in a partnership that is currently a prescribed tax agent, if the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the partnership;
(d) a former executive officer of a company that is currently a prescribed tax agent if either of the following apply:
(i) the individual is receiving regular and ongoing benefits, or has within the last 6 months received a material benefit, from the company;
(ii) the individual holds *shares in the company.
(6) A prescribed tax agent means a company or partnership that:
(a) is a *registered tax agent or BAS agent; and
(b) has more than 100 employees.
Note: A company or partnership whose registration as a registered tax agent or registered BAS agent is suspended remains a registered tax agent or BAS agent for the purposes of this section (see subsection 30-25(4)).
(7) An executive officer of a company means a director, secretary or senior manager (within the meaning of theCorporations Act 2001 ) of the company.
20 Subsection 90-1(1)
Insert:
community representative has the meaning given by section 60-25.
executive officer has the meaning given by section 60-25.
prescribed tax agent has the meaning given by section 60-25.
21 Application of Board member appointment amendments
The amendments of the Tax Agent Services Act 2009 made by this Part apply in relation to any appointment of a Board member made after the commencement of this Part.
Part 5 — The Code of Professional Conduct
Tax Agent Services Act 2009
22 At the end of subsection 30-20(1)
Add:
; (d) requiring you to notify, in writing, all of your current clientsabout the findings of the Board's investigation specified in the order.
23 Subdivision 30-C (heading)
Omit "Notifying a change of circumstances", substitute "Other obligations".
24 After paragraphs 30-35(1)(b), (2)(b) and (3)(b)
Insert:
(ba) you have reasonable grounds to believe that:
(i) you have breached the *Code of Professional Conduct; and
(ii) the breach is a *significant breach of the Code; or
25 Subsection 30-35(4)
Repeal the subsection, substitute:
When notice must be given
(4) You must give the notice within 30 days of the day on which:
(a) you become, or ought to have become, aware that the event occurred (unless paragraph (1)(ba), (2)(ba) or (3)(ba) applies); or
(b) if paragraph (1)(ba), (2)(ba) or (3)(ba) applies—you first have, or ought to have, reasonable grounds to believe that you have breached the *Code of Professional Conduct, and that the breach is a *significant breach of the Code.
Note: A breach of this subsection is a breach of section 8C of the Taxation Administration Act 1953 and of subsection 30-10(2) of this Act.
26 At the end of Subdivision 30-C
Add:
30-40 Obligation to notify of significant breaches of the Code of Professional Conduct
(1) If you are a *registered tax agent or BAS agent, you must notify the Board, in writing, if you have reasonable grounds to believe that:
(a) another registered tax agent or BAS agent has breached the *Code of Professional Conduct; and
(b) the breach is a *significant breach of the Code.
(2) In addition, if at the time you have reasonable grounds to believe that other agent has breached the Code, and that the breach is a *significant breach of the Code:
(a) the other agent is a member of a professional association accredited by the Board under the regulations; and
(b) you are aware of that other agent's membership;
you must notify the association, in writing, of the breach.
When you must notify
(3) You must notify under subsection (1) or (2) within 30 days of the day on which you first have, or ought to have, reasonable grounds to believe that the other agent breached the Code, and that the breach is a *significant breach of the Code.
27 Subsection 90-1(1)
Insert:
significant breach of the Code means a breach of the *Code of Professional Conduct by a *registered tax agent or BAS agent if the breach:
(a) constitutes an indictable offence, or an offence involving dishonesty, under an *Australian law; or
(b) results, or is likely to result, in material loss or damage to another entity (including the Commonwealth); or
(c) is otherwise significant, including taking into account any one or more of the following:
(i) the number or frequency of similar breaches by the agent;
(ii) the impact of the breach on the agent's ability to provide *tax agent services;
(iii) the extent to which the breach indicates that the agent's arrangements to ensure compliance with the Code are inadequate; or
(d) is a breach of a kind prescribed by the regulations for the purposes of this paragraph.
28 Application of obligation amendments
(1) The amendments of section 30-35 of the Tax Agent Services Act 2009 made by this Part apply in relation to breaches that occur on or after the commencement of this Part.
(2) Section 30-40 of the Tax Agent Services Act 2009 , as added by this Part, applies in relation to breaches that occur on or after the commencement of this Part.
The committee divided. [11:14]
(The Temporary Chair—Senator Hughes)
(1) Schedule 4, page 34 (line 1) to page 40 (line 21), to be opposed.
It appears the legislation as it is currently drafted will unintentionally catch many situations of legitimate company operation and could accordingly delay or discourage the normal processes of capital raising, investment, and economic growth within Australia.
We believe the drafting in Schedule 5 is unnecessarily broad, making it difficult for companies to practically apply proposed section 207-159 of the Income Tax Assessment Act 1997 (ITAA 1997). The lack of specificity in the provisions and insufficient guidance in the Explanatory Memorandum (EM) means that companies will be heavily relying on the Australian Taxation Office (ATO) to provide sufficient certainty to enable companies to progress with their capital management strategies.
Schedule 5 creates unwarranted uncertainty and lacks simplicity, imposing a significant compliance burden on shareholders. Moreover, the level of evidence demanded by Schedule 5 may be well beyond the reasonable reach of the majority of shareholders. These factors combine to make Schedule 5 an unworkable provision…
If the definition for the established practice in relation to dividend payments remain loose, we see the risk of an administrative and financial burden for shareholders whose companies inadvertently fall foul of the legislation. Taxpayers will be required to amend their tax returns and super funds amend their allocations to beneficial holders dating back to however long it takes for the transaction to be classified.
We're not talking about repatriation we're doing it. Senior Men are working hand in hand with younger generations to teach our Tjukurpa. We've opened the doors to create a stronger pathway for us to transfer knowledge to our younger Warlpiri. The Warlpiri Project is about learning and sharing culture on the job, younger people are learning when they are sitting next to Elders, singing along with us and walking with us. Hopefully we inspire other tribes—its significant.
My most immediate debt is to the Warlpiri themselves. They were my friends and patient teachers, and knowing them has immeasurably enriched my own experience.
AIATSIS is very happy to support the return of these sacred objects. Reuniting custodians with their sacred material is a vital part of AIATSIS's global mission to support Aboriginal and Torres Strait Islander Custodians to make decisions about their cultural heritage. This repatriation further demonstrates how AIATSIS's collaborative approach to returning material builds trusting relationships between partners, supports cultural informed decision making and achieves fantastic outcomes.
The bill takes a radical approach in reforming the Australian workforce …
… … …
If the government seeks to proceed with regulating digital platform work, I'm of the view that it should be confined to the care sector …
I've been in this place for 10 years. Do you know how many people have come into my office who are casual workers, gig workers or subcontractors and said: 'Oh, we need to make all these changes'? Zero, none.
The consequences in our region of labour hire in particular are far reaching. They affect not just the workers but the entire community. Unfair labour practices have become a dark stain on our landscape. They put people in a vulnerable position. They can't put their roots down in our region. They can't borrow money to purchase their own homes. Really, their future decisions are removed from them because they don't have confidence in a permanent shift.
ASIC agreed to a $7.2 million fine with Dixon Advisory. Did they pay that fine?
No. As I understand it, that fine was not paid. Dixon is in voluntary administration. There was a penalty imposed by the Federal Court of $7.2 million plus $800,000 in costs, but, given that Dixon is in voluntary administration, those amounts are unlikely to be paid.
Former clients of Dixon Advisory and Superannuation Services Pty Limited (in administration, 'Dixon Advisory') may be eligible for compensation under a potential future Compensation Scheme of Last Resort (CSLR) but they will need to take action as soon as possible.
Now that legislation has passed to establish a CSLR, we have commenced early work to investigate these complaints and assess if they may be eligible to raise a CSLR claim.
To ensure our case workers can efficiently deal with your complaint, you can start gathering relevant information in preparation for our contact.
The value of the Australian Government's liabilities under the CSLR is unquantifiable.
The collapse of Dixon Advisory and Superannuation Services Pty Ltd may increase the liabilities for the Australian Government.
The Federal Labor Government has showered the Environmental Defender's Office—an activist legal organisation dedicated to undermining our to undermining our resources sector in the courts—with millions in funding.
Imagine this: gardens on the rooftops of every building, a fresh breeze blowing against your face while you move through the shadows cast by overhanging trees and a feeling of connection with yourself and with the planet—a clean, green society.
My name is Deena Clemson, I'm 14 years old and I live in the Lyne electorate, on the land of the Warrimay people. A sustainable lifestyle, living in harmony with both yourself and the planet, being able to understand and care for the magnificent potential that this planet holds—this is the future I'm fighting for. We have a colossal impact on the planet, which has detrimental repercussions on everyone. One change that Australia should make to become a better place for future generations is simply understanding and implementing a sustainable lifestyle—small changes made in everyone's lives, like composting, buying locally, recycling and changing to LED light bulbs. Vincent van Gogh said, 'Great things are done by a series of small things brought together.' If we all make small changes, we can make a huge difference.
But how does Australia get there? The Australian government needs to provide an education on how to properly recycle and live in harmony with the planet. They need to lead by example. So, if you take one thing away from this today, I ask you to remember this: let's learn—learn to implement, learn to share and learn to preserve.
A gambler is someone who relies on false hope to make a living. It's already 2023, and Australia has still found itself with the highest per capita gambling loss.
More than 30,000 citizens throughout Australia are becoming dependent on gambling, with countless others teetering on the edge. With slot machines on every corner, more than half the world's slot machines are located here in Australia.
The persistence of this gambling epidemic is due to the lack of education, support, and discouragement from the government.
It is crucial for the government to implement stricter regulations, provide more resources for addiction support, and educate the public about the dangers of gambling addiction.
Only through these measures can we hope to address the underlying causes of the problem and assist those affected by it.
The government should also consider implementing stricter advertising regulations to prevent the glamorization of gambling and reduce its accessibility.
Additionally, establishing a national helpline and support network for gambling addiction would offer much-needed assistance to those grappling with this issue.
By taking these steps, Australia can work towards reducing the prevalence of gambling addiction and promoting a healthier society.
I'm thirteen—Another notification on my phone.
I tried my hardest to ignore it, but being a phone-obsessed teenager, of course I checked it.
But thank goodness I did. It was one of my close friends.
She had sent me the longest paragraph I have ever seen over text message.
As I read through it, I was shocked.
She was telling me about how lost she felt in life and how she didn't know where to go.
It confused me for a while, because she always seemed so happy around me and my group.
But from what I had read in one conversation, it was clear to see she wasn't.
1 in 4 people under the age of 20 suffer from depression.
My idea to prevent this is for the government to set up free hubs around Australia. A hub for all teenagers to go to when they are feeling stressed or depressed.
Let's help our teenagers be happier, enhance their wellbeing, so Australia can be a safe place to all.
Since we found out about Santos's Barossa Gas Project and how it extends to Darwin's Middle Arm and Bayu Undan in Timor waters, it has been an absolute nightmare watching how traditional owners are treated by this system.
The scariest thing is that the people we vote to run this country are the ones condoning it.
Traditional owners don't find out about what's happening in their backyards until after the leases are sold off, the sea has been blasted by seismic testing, appraisal wells are drilled, environmental plans are already approved by NOPSEMA for fossil fuel companies like Santos and Woodside, banks and super funds have already signed off multibillion dollar loans and investments.
In our experience, the consultation process has been absolutely atrocious, negligent and disrespectful. And when we voice our concern to our own Chief Minister and other MPs we get bullied and told we are trolls and are puppets for the environmental movement. It's outright patronising.
Anthropologists are paid to lie and omit the truth about Indigenous Cultural Heritage. They completely ignore and contradict what we say and write reports to say "nothing to see here, no cultural heritage exists", even when we say we have burial grounds, sacred sites and a culture to protect.
I've witnessed firsthand all of the work getting dumped on traditional owners to keep Santos and others, like Woodside, accountable to the law and the regulations. Why are we responsible for doing the government's job?
We have human rights, and these rights are being ignored by the government, banks and super funds, international investors and fossil fuel companies destroying our homes and our rights to protect our ancient cultural practices, beliefs and songlines.
I just want to get this finalised and just get on with my life … it's been devastating.
My house is just about falling apart and I'm just waiting for this money.
I graduated high school with the ability to solve algebraic equations, craft poems and draw circles with a compass … while I acknowledge the value of these skills, they felt utterly useless when I stood stranded on the roadside with a flat tire.
The Australian education system, though commendable, falls short of its potential. Envision an Australia where graduating young adults are not only full of academic knowledge but also practical life skills. Envision young Australians leaving school knowing how to do a tax return or an invoice or having the ability to administer first aid.
Young Australians should be educated about their rights as young workers. The current education system assumes parents will fill the gaps… but this expectation does not hold as a reality for most.
Here's my proposal: a subject in high school were subjects and life skills, and where they encounter challenges the world may present. This course would ensure students leave school with not just knowledge but independence. This course will fill the gap for children who didn't have a parent to teach them the importance of a firm handshake. Because it's all well and good to be able to craft a poem but if you cannot change your tire or at least know who to call … you can't keep moving forward.
Some of the detainees released from immigration detention were sent into the community without visas, a revelation that appears to contradict what the federal government has said in recent days.
Those detained when they should have been released now have the vindication that their detention was unlawful and may be entitled to restitution.
… a range of strict mandatory visa conditions. Such conditions include restricting types of employment, requiring regular reporting to authorities, and requiring released detainees to report their personal detail including their social media profiles …
We will not stop trying, because we are committed to the delivery of the plan.
… the government stands resolute in its support … of the Murray-Darling Basin Plan … in full and on time.
That the Senate take note of the answers given by ministers to questions without notice asked by coalition senators today.
It is the case that the legislative framework that you—
operated under did not contemplate a constitutional view of detention that has been found by the High Court, so it is the case that the arrangements, the legislative or regulatory framework associated with such persons, will need to be amended. The government is working through that … the government intends to introduce legislation shortly to further respond to the decision of the High Court. We look forward to the opposition assisting with passage of that legislation as soon as is possible.
When the man who raped Sonya at her work was released on parole, she was told he would "never be free in Australia" as he would be held indefinitely in immigration detention.
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 foreign aid.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Birmingham today relating to immigration detention.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023; and
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023.
BANKRUPTY AMENDMENT BILL
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2023 SPRING SITTINGS
Purpose of the Bill
The bill will prospectively and retrospectively amend the Bankruptcy Act 1966 (Bankruptcy Act)to clarify that a statement of affairs filed with the Official Receiver between 1992 and present day will be taken as filed when it is accepted by the Official Receiver.
Pursuant to section 149 of the Bankruptcy Act, the automatic discharge of a bankruptcy is three years and one day after a statement of affairs is filed with the Official Receiver. The Australian Financial Securities Authority and its predecessors have been treating filed as the date that the statement of affairs is accepted and endorsed by the Official Receiver. However, an alternate interpretation is that discharge should occur three years after a statement of affairs is submitted to the Official Receiver, rather than when it is accepted. This has caused legal uncertainty for those engaging in the bankruptcy system over this period of time.
Reasons for Urgency
Passage of the bill in the 2023 Spring sittings is required to ensure legislative clarity for bankruptcies administered since 1992 when the automatic discharge date was amended to be calculated from three years from the filing of a statement of affairs.
To maintain the integrity of the personal insolvency system, it is imperative that action is taken to correct this issue and provide clarity and legal certainty by 7 December 2023.
(Circulated by authority of the Attorney-General)
CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS NO. 2) BILL 2023
STATEMENT OF REASONS FOR INTRODCUTION AND PASSAGE IN THE 2023 SPRING SITTING
Purpose of the Bill
The bill will retrospectively confirm the validity of all things done in reliance on, or in relation to, an authorisation given or a determination made by the Australian Criminal Intelligence Commission (ACIC) Board to authorise a special ACIC operation or special ACIC investigation on or after 4 September 2013.
The bill will also make a number of amendments to crime-related provisions in commonwealth legislation to update, improve and clarify the intended operation of these provisions and improve criminal justice legislation and processes.
Reasons for Urgency
The Australian Crime Commission Amendment (Special Operations and Special Investigations Act 2022 amended theAustralian Crime Commissions Act 2002 (ACC Act) to provide certainty with respect to the ACIC Board's powers to authorise special ACIC operations and special ACIC investigations. Amendments to the ACC Act are required to provide additional clarity by providing that any actions or things done in reliance on authorisations or determinations made by the Board on after 4 September 2013 are also valid.
(Circulated by authority of the Attorney-General)
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023; and
Social Security and Other Legislation Amendment (Supporting the Transition to Work) Bill 2023.
HEALTH INSURANCE AMENDMENT (PROFESSIONAL SERVICES REVIEW SCHEME NO. 2) BILL
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2023 SPRING SITTINGS
Purpose of the Bill
The purpose of the Bill is to amend the Health Insurance Act 1973 to enable the Professional Services Review (PSR) to more effectively review inappropriate practice, thus improving the operations of the PSR and, in turn, supporting the integrity and ongoing sustainability of the Medicare system.
Reasons for Urgency
The Bill contains measures to support the integrity and sustainability of the Medicare system by addressing issues and ambiguities in the legislation relation to the PSR.
This Bill will align requirements for qualifications of PSR Committee members with the legislative definition of inappropriate practice and clarify how these requirements should be applied. This will ensure that PSR Committees can be established for a practitioner with an unusual mix of specialties where there are few exact peers or where the practitioner is providing services in a different field from their formal specialist qualifications.
Passage is required by the end of the 2023 Spring sittings to ensure the PSR can validly refer practitioners to PSR Committees for investigation before cases reach the end of their statutory timeframe.
(Circulated by authority of the Minister for Health and Aged Care)
SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (SUPPORTING THE TRANSITION TO WORK) BILL 2023
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2023 SPRING SITTINGS
Purpose of the Bill
The Bill will amend the social security law to strengthen support for the transition to employment for income support recipients, including working age payments and the Age Pension. This is consistent with the Government's commitment to supporting people to move into employment, while continuing to provide a strong, sustainable and fair social safety net.
Reasons for Urgency
Passage of the bill in the 2023 Spring sittings is required because the Bill will extend the temporary enhancements to the Pension Work Bonus, which currently terminate on .31 December 2023. The Work Bonus provides financial incentives to pensioners over Age Pension age to participate in paid employment.
(Circulated by authority of the Minister for Social Services)
That leave of absence be granted to Senator Ayres from 15 to 17 November 2023, for personal reasons.
That leave of absence be granted to Senators Hume and Kovacic from 15 to 17 November 2023, for personal reasons.
That at the conclusion of formal motions today, the Senate observe a minute of silence in memory of the civilian lives lost in Gaza, the West Bank, and Israel.
That there be laid on the table by the Minister representing the Minister for Immigration, Citizenship and Multicultural Affairs, by no later than midday on Friday, 17 November 2023, any emails, file notes, briefing materials and other written correspondence detailing the risk levels of the 92 individuals affected by the High Court decision, NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor , as assessed under the Community Protection Assessment Tool.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Australian Nuclear Science and Technology Organisation—Nuclear medicine facility project.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—RAAF Base Darwin—Mid-term refresh.
That the time for the presentation of the report of the Select Committee on the Perth Mint and Commonwealth regulatory compliance be extended to 28 March 2024.
The Senate divided. [15:48]
(The President—Senator Lines)
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:
We are in a rental crisis with more people experiencing rental stress and unable to afford a home. The Labor government must take action by stopping unlimited rental increases."
That, in the opinion of the Senate, the following is a matter of urgency:
We are in a rental crisis with more people experiencing rental stress and unable to afford a home. The Labor government must take action by stopping unlimited rental increases.
The Senate divided. [16:25]
(The Acting Deputy President—Senator McGrath)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Albanese Labor Government's policies are driving up the cost of living while driving down confidence in the farming sector and failing to keep farmers farming.
The Albanese Labor Government's policies are driving up the cost of living while driving down confidence in the farming sector and failing to keep farmers farming.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the document.
Interactive Gambling Amendment (Credit 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 Interactive Gambling Amendment (Credit and Other Measures) Bill 2023 (the Bill) will amend the Interactive Gambling Act 2001 (the Act) to ban the use of credit cards and credit related products for online wagering—to create a safer environment for Australians at risk of gambling harm.
In April 2023, the Government committed to introduce legislation to ban the use of credit cards for online wagering by the end of this year. This Bill delivers on this promise.
Australia has the highest gambling losses per adult, with a total of $25 billion in losses per annum. Online gambling is growing in Australia due to easier and faster access through mobile devices and a proliferation of online gambling applications.
A ban on the use of credit cards and credit related products for online wagering will have the immediate and effective impact of stopping people from gambling with money they do not have.
There is clear support for a ban on the use of credit for online wagering. Research released by the banking peak body, the Australian Banking Association, has found that over 80 per cent of Australians believe gambling with credit cards should be restricted or banned. This Bill will mean you can't use credit for online wagering—which is consistent with land-based gambling regulations which ban the use of credit in TAB outlets, casinos and poker machine venues.
The Bill will prohibit the use of credit cards for Australian licensed interactive wagering services, and the use of credit cards linked to a digital wallet or e-wallet such as Apple Pay and Google Pay.
The Bill will also prohibit the use of digital currencies as a payment method for interactive wagering services. This mitigates the risk that individuals could purchase cryptocurrency using a credit card and then use these funds to bet online. As a way of 'future proofing' these protections, the Bill will allow the responsible Minister by legislative instrument to proscribe new credit payment products that might be used to circumvent the ban as they emerge.
The Bill will also expand the Australian Communications and Media Authority's compliance and enforcement powers by providing ACMA with the ability to receive enforceable undertakings and issue remedial directions in respect of the civil penalty provisions under the Act. This provides ACMA with the means to enforce undertakings—for example when an entity commits to appoint an independent auditor to review its systems and procedures and provide recommendations for improvement.
Penalties up to $234,750 [1] may apply for any breach of the new provisions.
There will be a 6 month transition period from the date of Royal Assent to give industry time to change business practices and for people to change their betting behaviour.
The Bill implements recommendations from the Parliamentary Joint Committee on Corporations and Financial Services from November 2021, which called on the Government to ban online gambling service providers from accepting payment by credit cards, including digital wallets.
Consistent with the Inquiry's recommendations, which found that lotteries present a lower risk of gambling harm, the Bill does not apply to lotteries, including the activities of not-for-profits, charities and newsagents.
The Bill requires a review after 2 years from commencement to assess the effectiveness of the new provisions. A report of the review must be tabled in both Houses of the Parliament.
Consultation on this Bill was undertaken with a wide range of stakeholders including harm reduction advocates, wagering and lottery providers, and banking and payment organisations. I would like to take the opportunity to thank these stakeholders for their contributions and support for this Bill.
This Bill aligns with the Government's broader commitment to minimising gambling harms.
The Government recently launched BetStop—the National Self-Exclusion Register for online wagering, which allows people to self-exclude from all telephone and online gambling for 3 months up to a lifetime. The Register is the final measure of the National Consumer Protection Framework for Online Wagering.
Other measures recently implemented include:
We are also working with state and territory governments to update the classification rules for online and video games to protect children from exposure to simulated gambling.
The Government is currently considering the comprehensive recommendations handed down by the House of Representatives Standing Committee on Social Policy and Legal Affairs' inquiry into online gambling and its impacts on those experiencing gambling harm.
We look forward to working with stakeholders to inform the Government response to these recommendations and implement further actions to reduce gambling harms in Australia.
[1] As at 1 September 2023.
I commend the Bill.
Disability Services and Inclusion Bill 2023
Disability Services and Inclusion (Consequential Amendments 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.
DISABILITY SERVICES AND INCLUSION BILL 2023
Introduction
I move that this Bill be now read a second time.
Today I am introducing the Disability Services and Inclusion Bill 2023 (the Bill) and immediately after this will introduce theDisability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 (Consequential and Transitional Bill), which together will repeal and replace theDisability Services Act 1986 (Disability Services Act).
This Bill, along with the Consequential and Transitional Bill will help deliver on the Albanese Labor Government's commitment to enable people with disability to fully participate in our community and exercise agency over their lives.
This gives me a good opportunity to remind the parliament, that supports and services for people with disability go beyond the NDIS—extending to the 4.4 million Australian's with disability in Australia. Many of these services complement those provided under the NDIS and others are stand alone, as the only services people with disability receive.
Disability supports and services have changed significantly since 1986. The Disability Services Act, now more than three decades old, is outdated and too restrictive to accommodate the changing landscape of disability policy. This includes a shift towards creating a more inclusive society and the nature of services and supports required to complement the NDIS.
The Disability Services Act predates many of the important milestones in the evolution of arrangements that support people with disability in Australia. This includes:
These evolutions have also seen the Australian Government move from solely providing direct block-funded service provision to embracing other models, including person-centred market models of service delivery and support, both within and outside the NDIS.
In response to this changed landscape, and taking into account comprehensive feedback from people with disability and the disability sector—the Bill and the Consequential Amendments and Transitional Provisions Bill -· establishes a contemporary, inclusive framework to fund Commonwealth programs targeted for the benefit of people with disability, their families and carers—because this should apply outside, not just within the NDIS.
The Bill has been designed and drafted in consultation with the disability community. It supports the inclusion of people with disability by broadening the supports and services that can be funded under the Bill, and seeks to avoid placing unnecessary restrictions on who can receive supports and services.
It is imperative that the outdated and restrictive Disability Services Act is repealed and replaced with legislation more aligned with this transformed service delivery landscape in order to affirm the rights of people with disability to full inclusion in Australian society.
The Bill is an enabling piece of legislation, providing a single-source statutory framework and a clear basis for the Commonwealth to fund certain disability supports and services outside of the NDIS that are not covered by State and Territory obligations under Australia's Disability Strategy 2021-2031. It contributes to reducing the significant administrative delays in implementing important programs that has resulted from disaggregated legislative frameworks for disability services and supports.
The Bill establishes clear authority to continue funding existing programs, and at the same time, provides a flexible basis from which to fund new non-NDIS supports and services to respond to emerging needs and changing circumstances both now and into the future.
The Bill improves quality and safeguarding arrangements by introducing a mandatory Code of Conduct, which will mirror the NDIS Code of Conduct. This Code will set a minimum standard for all service providers and workers, and will show people with disability, their families and carers what they should expect from providers funded under this legislation. This will support the provision of consistent, high-quality supports and services and ensure people with disability are safe when accessing them.
This Bill, and the Consequential and Transitional Bill, will also enable the Government's timely response to findings and recommendations arising from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and non-NDIS initiatives arising from the NDIS review.
The Bill represents significant legislative reform and demonstrates the Governments continued commitment to breaking down barriers for people with disability and enabling participation by providing a broad and flexible legislative basis for Government to fund services and supports.
Key Changes
More than 1 in 6 people in Australia live with disability. Australia's Disability Strategy 2021-2031 demonstrates national recognition that all levels of government are responsible for supporting people with disability to reach their full potential as equal members of the community—not only through providing support, but creating an inclusive society. It is therefore essential to establish a complementary, modem Act that facilitates funding for Commonwealth supports and services for people with disability.
It is also essential that such an Act be informed by people with lived and direct experience of disability. This is why the proposed Bill, including the objectives and principles, has been the subject of two rounds of public consultation with a focus on consultation within the disability community.
This process highlighted the importance of inclusive, accessible and safe supports and services to people with disability, their families and carers and the broader disability sector. The importance of inclusive, accessible and safe services and supports has also been extensively highlighted by the Disability Royal Commission over that last four and a half years.
To support an inclusive focus, the Bill uses modem language to establish a contemporary framework for disability supports and services that complies with a human rights approach. One of the objects of the Bill is to give effect to the CRPD, in conjunction with other key Commonwealth legislation such as the Disability Discrimination Act 1992, theNDIS Act 2013, theSocial Security Act 199 I and state and territory disability legislation.
Just this year in June, I led the Australian delegation, which included a group of Australians with diverse experience with disability, to attend the 16th Session of the United Nations Conference of States Parties to the Convention on the Rights of Persons with Disabilities.
At the Conference, the Australian Government reaffirmed its commitment to the rights of people with disability at the United Nations.
This Bill supports the realisation of the CRPD by focusing on capacity, experience, empowerment, potential and goals for people with disability.
Accordingly, the Bill has been drafted to promote consistency, coordination and accessibility of supports and services for people with disability and to provide a clear basis for the Commonwealth to continue funding disability supports and services alongside the NDIS and alongside state and territory services.
Furthermore, the Bill embeds its objects and guiding principles in primary legislation, whereas under the Disability Services Act the objects and guiding principles are prescribed via legislative instrument. This change fosters greater transparency, more certainty, clear articulation of aims and objectives, and provides clearer guidance for actions taken under the legislation.
The Bill's contemporary framework is intended to make clear that it is for the benefit and inclusion of all people with disability. In line with the majority of feedback received from the disability sector, the Bill does not provide a definition of disability. This ensures that access to support and services is not unnecessarily restricted, and allows the Bill to be adaptable and responsive.
Under the proposed legislation, individual programs will continue to define target groups, ensuring that they can be tailored to provide the specific supports and services needed.
In addition to expanding the population who can benefit from funding authorised by this Bill, it also broadens funding options.
While the current Act only allows for funding through grants, the proposed legislation will allow other forms of financial arrangements such as contracts and procurement.
Complementary to this, the Bill expands the types of supports and services that may be able to receive such funding. The new Bill expands service categories to cover accessibility, accommodation, advocacy, capacity building, carers, community inclusion, counselling, education, employment, independent living, information, recreation, research and evaluation, and respite care.
The Bill defines these service categories broadly to allow for flexibility in the future design of supports and services, allowing the government of the day to respond to emerging needs and changing circumstances for non-NDIS supports as required. It also provides for the Minister to define additional service categories, ensuring that the Bill can adapt to meet future needs.
The Government has followed closely the hearings and reporting from the Disability Royal Commission. The broad and flexible nature of this Bill is also intended to ensure that the Government has appropriate power to respond effectively and efficiently to findings and recommendations. Of course, this could also include further amendment to the Bill, if required.
The Government is committed to ensuring people with disability are safe from violence, abuse, neglect and exploitation. That is why this Bill will improve quality and safeguarding arrangements by enabling greater consistency and alignment between regulatory schemes.
Disability programs currently use a range of service delivery models that were not foreseen when the Disability Services Act was first established. These programs are delivered through alternative financial arrangements, with legislative authority generally provided by the Financial Framework (Supplementary Powers) Regulations 1997. This has caused administrative delays in program implementation and has meant some programs are not subject to any form of regulatory oversight beyond the requirements in funding agreements.
Quality and safeguarding under this Bill are addressed through two key mechanisms—a mandatory Code of Conduct for all providers, and certificates of compliance for providers of certain eligible activities.
The Code of Conduct will be provided for by legislative instrument. The Code of Conduct will mirror the NDIS Code of Conduct to create consistency, ensure ease of adoption by providers, and most importantly to allow people with disability, their families and carers to understand exactly what they should expect from service providers.
The Bill authorises the Secretary of the Department of Social Services to make a legislative instrument to prescribe the kinds of eligible activities to be regulated. This will be based on a risk-based assessment of service provision to ensure the rights and safety of people with disability are protected. A provider delivering regulated activities is required to obtain and hold a certificate of compliance. The standards under the current Act, the National Standards for Disability Services, will be remade under the Bill, providing minimal disruption to providers who hold current certificates of compliance. The key difference is that these standards can now be applied to activities that were previously not regulated, where it is appropriate to do so.
To improve consistency and reduce duplication across the sector, the Bill also includes a power to recognise alternative quality standards, at the determination of the Secretary. This will allow the regulatory burden to be reduced for providers who work across multiple sectors and are subject to multiple quality standards, provided that the standards are recognised as appropriate and comparable. For example, the NDIS Practice Standards.
To ensure people with disability, their families and carers can make complaints about the supports and services they receive, a complaints management instrument will also be made to establish consistent complaints management requirements for providers funded under the Bill.
Where it is established there are breaches of the code of conduct, standards or terms and conditions of funding arrangements, the Bill provides for the Department to make a decision to vary or revoke the arrangement with the Commonwealth. This consistent approach to all funding under the Bill is a key benefit of establishing a single source of authority for the funding of Commonwealth disability services and supports for people with disability outside of the NDIS.
The Bill also provides for information sharing and recognition of NDIS banning orders. This will ensure that awareness of wrongdoing in the NDIS can be considered in the context of other Commonwealth disability programs and services—contributing to our commitment to ensure safe and quality services for all people with disability.
Supports and services currently funded under the Financial Framework (Supplementary Powers) Regulations 1997 will have their funding authorisation transition to the Bill as current agreements expire, ensuring appropriate regulatory oversight. All new funding agreements will be made under the Bill. The Code of Conduct will apply to all existing programs and services following the passing of the Bill.
Conclusion
In summary, the Government is repealing the Disability Services Act and replacing it with a modern, inclusive Act, that in conjunction with other laws, gives effect to the Convention on the Rights of Persons with Disabilities and other international obligations and enables funding of a broader range of disability programs to benefit people with disability using services outside the NDIS.
By introducing a Code of Conduct, and including the power to recognise other standards, the Bill contributes to improving and aligning quality and safeguarding provisions for disability services. Supports and services will continue to be subject to quality and safeguard checks to make sure they are appropriately delivered and are person-centred. Consistent national standards will ensure the rights and safety of people with disability accessing supports and services.
The Disability Services and Inclusion Bill represents a significant step forward in providing inclusive supports and services to all people with disability.
Our focus and our objectives as a Government remains clear—to support people to participate in society, ensure safe and quality services and protect their rights.
DISABILITY SERVICES AND INCLUSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2023
The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 (the Consequential and Transitional Bill) makes consequential amendments and provides transitional arrangements to support the proposed Disability Services and Inclusion Bill 2023.
This is in line with this Government's commitment to enable people with disability to participate fully in society and exercise full choice and control over their lives.
The Bill provides for the repeal of the Disability Services Act 1986 (the Disability Services Act) (in Schedule 1) and facilitates the continued provision of disability supports and services funded under that Act in accordance with the proposed new enabling legislation, the Disability Services and Inclusion Bill 2023.
This will ensure the continuity of services and supports and prevent disruption of funding to disability providers.
Schedule 2 outlines the consequential amendments necessary to ensure the ongoing functioning of a range of current legislation as a result of the repeal of the Disability Services Act.
Schedule 3 of the Bill clarifies that the Disability Services and Inclusion Bill 2023 will apply to any new funding arrangements and grants of financial assistance made from the day of commencement of that Bill.
However, to ensure consistency and continuity in the provision of disability supports and services, Schedule 3 further clarifies that the repealed Disability Services Act will continue to apply to grants of financial assistance (including transitional grants) entered into under Part II of that Act prior to its repeal, for the duration of that agreement.
It clarifies that the same is true of grants of financial assistance made under the repealed Act—they can continue to be administered under that Act until the end of their agreement. This will also apply to any principles, objectives, guidelines and standards, accreditations, certificates of compliance and delegations that were made under the former Act.
In order to ensure the continued safety of people with disability, their families and carers who access the supports and services authorised under the former Act, the Consequential and Transitional Bill specifies that any Disability Standards Review Panel for a State or Territory established under the repealed Act before the proposed Bill commences will continue to exist for the term of its agreement.
Together with the Disability Services and Inclusion Bill 2023, the Consequential and Transitional Bill will deliver much needed support to Australia's disability services sector and contribute to creating a more inclusive society.
It ensures a seamless transition in funding arrangements to existing Commonwealth-funded disability supports and services outside of the NDIS, demonstrating this government's commitment to the inclusion of all people with disability in Australian society and complementing existing legislation to fulfil Australia's obligations under the United Nations Convention on the Rights of Persons with Disabilities.
Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023
Social Security and Other Legislation Amendment (Supporting the Transition to Work) 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.
BANKRUPTCY AMENDMENT (DISCHARGE FROM BANKRUPTCY) BILL 2023
The Bankruptcy Amendment (Discharge from Bankruptcy) Bill will amend the Bankruptcy Act 1966 to clarify when a person will be automatically discharged from bankruptcy.
The Bill amends the legislation to accurately reflect the way automatic bankruptcy discharge dates have been calculated by the Australian Financial Security Authority and its predecessors for over thirty years, and will apply both prospectively and retrospectively. This will provide certainty to individuals who apply for bankruptcy or have become bankrupt, creditors and trustees.
The Bill affirms long-standing practice and common understanding of the way the provisions of the legislation have been historically applied. Upon passage of this legislation, the government will take steps to notify all affected parties so they are aware of these measures.
Statement of Affairs and automatic discharge from bankruptcy
For a person to apply to enter into bankruptcy voluntarily, they must file a Statement of Affairs. This document outlines a person's financial circumstances and is used to determine eligibility for bankruptcy. Persons who become involuntarily bankrupt through a sequestration order made by the Court must also file a Statement of Affairs. The information provided enables the trustee to effectively administer the bankrupt person's estate during the period of their bankruptcy.
Under section 149 of the Bankruptcy Act, a person becomes discharged from bankruptcy three years and one day after their Statement of Affairs is filed. The filing of a Statement of Affairs essentially commences a person's period of bankruptcy. This provision was inserted in the Act in 1991 and was intended to encourage those subject to a sequestration order following a creditor's petition to file their Statement of Affairs.
Established practices of the Official Receiver
In practice, individuals often need assistance from the Australian Financial Security Authority, in its capacity as the Official Receiver, in order to provide a Statement of Affairs that is adequate for the purposes of administering the person's estate under bankruptcy.
It has been the long-standing practice of the Australian Financial Security Authority, and its predecessors, to record a bankruptcy applicant's Statement of Affairs as having been filed on the date it is accepted, rather than the date it was initially 'presented' or provided. This practice is designed to support vulnerable people by minimising the risk of an application for bankruptcy being rejected. The process allows bankruptcy applications to be assessed for completeness and, if required, applicants to be supported to identify and obtain missing information. Where a statement of affairs is adequate, it is accepted on the day it is provided, however where it is not, the acceptance date may be later. The same approach has been taken where someone becomes bankrupt involuntarily.
Amendments to align the Act with current practice
The Bill will amend the Act to enable the Australian Financial Security Authority to continue its practice of assessing bankruptcy applications for adequacy before the period of a person's bankruptcy commences.
New provisions will be inserted into the Act to require the Official Receiver to either accept, or refuse to accept, a Statement of Affairs within 14 days of receiving it. This will ensure that decisions are made within a reasonable time, and provide greater certainty to individuals who apply for bankruptcy or have become bankrupt involuntarily.
Validation of discharge dates and decisions
The Bill includes amendments to ensure that the bankruptcy period of those who are, or have been, bankrupt is consistent with the dates recorded by the Official Receiver prior to commencement in respect to the bankruptcy. This will validate decisions made before commencement of the Bill in reliance on those dates. This will allow bankrupted persons, the trustees of their estates, and other entities who rely on the dates within the National Personal Insolvency Index, to be assured that the discharge dates of existing bankruptcies are not being changed.
However, the validation of things done before commencement does not apply to criminal proceedings. This is to ensure that, if a person believes they were wrongfully convicted of a crime due to a mistaken understanding that they were bankrupt at a particular time, the Bill will not restrict their ability to challenge their conviction.
Conclusion
It is essential that there be certainty in the Bankruptcy system. The amendments in the Bill will provide certainty to individuals and industry by affirming a long-standing practice and common understanding of the application of the legislation.
CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS No. 2) BILL 2023
The Crimes and Other Legislation Amendment (Omnibus No.2) Bill 2023 will update, improve and clarify the intended operation of key provisions in the Crimes Act 1914, theCriminal Code and theAustralian Crime Commission Act 2002. These amendments are required to support the proper administration of justice and combat serious and organised crime.
Schedule 1 to the Bill amends the Crimes Act to confirm that the Attorney-General has unambiguous authority to make parole order decisions for federal offenders. The amendments put beyond doubt the Attorney-General's duty to make or refuse to make a parole order for a federal offender, even if their non-parole period has expired. This addresses circumstances where it is not possible for a decision to be made prior to the end of a non-parole period, such as where that period is reduced on appeal.
The amendments in Schedule 2 of the Bill will help agencies deal with the threat of serious and organised crime, which poses a grave and enduring threat to Australia's national security and prosperity. In 2020-21, the Australian Institute of Criminology estimated that serious and organised crime cost the Australian community up to $60.1 billion.
Existing import controls have proven insufficient in preventing criminal groups from importing chemicals that contribute to Australia's illicit drug market. Transnational, serious and organised crime actors are using increasingly sophisticated methods to import illicit drugs and precursor chemicals into Australia. Schedule 2 to the Bill makes amendments to the Criminal Code to enhance import controls on chemicals that are commonly used as illicit drugs and precursors but which are also used legitimately by industry—for example, in the manufacture of plastics, adhesives or ingredients in cosmetic products.
Currently, these chemicals can be legally imported into Australia for legitimate industrial use by importers that are registered with the Australian Industrial Chemical Introduction Scheme. However, entities not registered with the Australian Industrial Chemical Introduction Scheme that import the chemicals into Australia only face maximum financial penalties of up to 500 penalty units, and the Australian Border Force is not empowered to seize the chemicals from unregistered importers. These measures will ensure that where listed substances are imported by unregistered entities, the importation of these substances will be subject to appropriate criminal penalties under the Criminal Code and be subject
to seizure by the Australian Border Force. The amendments will also ensure the relevant regulation-making powers under the Criminal Code are capable of listing dual--use substances in a consistent manner.
To fully implement these enhanced import controls, consequential amendments to the Customs Act 1901 and theDefence Force Discipline Act 1982 are included in the Bill.
Organised crime syndicates are well-resourced, highly resilient to traditional investigative and intelligence-gathering techniques and readily adapt to advances in technologies in their attempts to evade detection and disruption.
As Australia's national criminal intelligence agency, the Australian Criminal Intelligence Commission, or ACIC, provides mission critical intelligence to combat the destructive and complex threats Australia faces from transnational, serious and organised crime. The ACIC's unique capabilities are critical to supporting law enforcement's understanding of, and response to, serious and organised crime.
The Australian Crime Commission (Special Operations and Special Investigations) Act 2022 streamlined provisions in the ACC Act to provide greater certainty with respect to the ACIC Board's powers to authorise special ACIC operations and special ACIC investigations, simplify the determination drafting process and make the determinations easier to understand.
The amendments in Schedule 3 to the Bill put beyond doubt the validity of things done in reliance on authorisations given, and special operation and special investigation determinations made.
The amendments are required to ensure that the ACIC can continue to undertake its vital statutory function to combat serious and organised crime in Australia and keep the Australian community safe.
The amendments do not expand or otherwise alter the powers available to the ACIC when undertaking special ACIC operations or special ACIC investigations.
Conclusion
The Crimes and Other Legislation Amendment (Omnibus No.2) Bill 2023 makes amendments that will support the proper administration of justice and help protect the Australian community from the pervasive and multifaceted threat of transnational, serious and organised crime.
I commend the Bill.
HEALTH INSURANCE AMENDMENT (PROFESSIONAL SERVICES REVIEW SCHEME NO. 2) BILL 2023
Australians are rightly proud of Medicare and of the committed group of doctors and other health professionals who deliver Medicare services.
Australians know that the overwhelming majority of our doctors and health professionals are honest, hardworking and comply with Medicare rules.
But they also understand that, at a time of great pressure on household and Government budgets, every dollar in Medicare is precious and must be spent directly on patient care.
The former government was given five separate reviews, including from the Australian National Audit Office, that told them billions of dollars in taxpayer money was being lost each year. They failed to act to protect Medicare.
Strengthening Medicare means safeguarding the taxpayer funds that underpin it and this Government is committed to improving the compliance framework that ensures the integrity of Medicare.
The Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023 builds on the Health Insurance Amendment (Professional Services Review Scheme) Act 2023, which implemented priority amendments in response to the Independent Review of Medicare Integrity and Compliance undertaken by Dr Pradeep Philip, known as the Philip Review. The Philip Review was commissioned by the Government in November 2022 to respond to concerns about the operation of the Medicare system.
While the Philip Review found that the majority of health professionals are well meaning and protective of the health system, it recommended a comprehensive review of legislation relating to Medicare to ensure it is fit for purpose, including amending legislation that hinders the effectiveness of compliance activities.
This Bill will strengthen the operation of the Professional Services Review, known as the PSR, by addressing ambiguities and issues in the legislation, which will protect the integrity of Medicare.
The PSR is an independent agency established under the Health Insurance Act 1973 and is responsible for protecting the integrity of Medicare by investigating whether a person has engaged in inappropriate practice. In doing so, the PSR protects patients and the community in general from the risks associated with inappropriate practice and protects the Commonwealth from having to meet the cost of services provided as a result of inappropriate practice.
The PSR investigates inappropriate practice through review undertaken by the Director of the PSR and in some cases by a PSR Committee made up of health professional peers of the person under review.
A key amendment in this Bill relates to the requirements for qualifications of Committee members. The legislation was intended to ensure that members of a Committee would be peers of the person under review and have the appropriate skills and experience to assess their provision of services. However, current requirements are too strict to account for a practitioner with an unusual combination of specialties, where there may be fewer than ten practitioners in Australia with the exact same qualifications. In such cases, it has been very challenging to establish a Committee with similarly-qualified members who do not have any conflicts of interest.
Further, the current requirement for Committee members to have the same qualifications as the practitioner has led to incongruous outcomes if the practitioner is providing services in a different field from their formal specialist qualifications. This is also inconsistent with the purpose of the definition of inappropriate practice, which requires consideration of whether a practitioner's conduct in providing services as one kind of practitioner would be considered unacceptable to the general body of that kind of practitioner.
To resolve both issues, the Bill will amend the requirements for Committees to better align with the definition of inappropriate practice, that is, if a practitioner was providing services as one kind of practitioner, the members of the Committee must also be that kind of practitioner. The Bill will also clarify that the requirements are met for a person providing services as more than one kind of practitioner if each Committee member is at least one of the relevant kinds of practitioner and the Committee members are, in combination, practitioners of each of the relevant kinds. For example, if a person was providing services as both a cardiologist and a paediatrician, one Committee member could be a cardiologist and the other a paediatrician, or both
Committee members could be dual-qualified as both cardiologists and paediatricians.
A related change will also clarify how to apply the definition of inappropriate practice, that is, if a practitioner was providing services as more than one kind of practitioner, the test for inappropriate practice is whether their conduct would be unacceptable to the general bodies of each kind of practitioner.
The Bill also makes several other amendments to clarify and improve administration of the PSR Scheme, including to:
Clarifying these matters will ensure that a person under review is clearly aware of how the PSR Scheme should apply to them, and enable the PSR to perform its role more effectively.
The PSR must be able to work efficiently to achieve its objective to protect patients, the community and the Commonwealth from the risks and costs of inappropriate practice. This is essential to ensure that Commonwealth resources are directed to necessary health services and to ensure that Medicare remains sustainable. By supporting the integrity of Medicare, this Bill will ultimately benefit all Australians.
A stronger Medicare means stronger safeguards that protect Medicare and the taxpayer funds that underpin it and the Albanese Government is committed to that task.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (SUPPORTING THE TRANSITION TO WORK) BILL 2023
Today, I am introducing a Bill to smooth the transition between income support and employment, and give people more support to get into work.
At the Jobs and Skills Summit last year, there was a clear message and focus on inclusion, promoting equal opportunities and reducing barriers to employment. We took steps to address this, including introducing the temporary Work Bonus boost, the Carer Inclusive Workplace Initiative, and partnering with the Business Council of Australia and the Australian Network on Disability to develop the Career Pathways Pilot for people with a disability.
The next stage in this process was to develop the Employment White Paper, which the Government released in September. This set out a road map to ensure more Australians can make the most of the big shifts underway in the economy and society.
It presented our vision for a dynamic and inclusive labour market in which everyone has the opportunity for secure, fairly paid work and where people, businesses and communities can be the primary beneficiaries of change to thrive.
The White Paper is a commitment to working together, to delivering sustained and inclusive full employment, promoting job security and strong, sustainable wage growth, reigniting productivity growth, filling skills needs, building our future workforce and overcoming barriers to employment and broaden opportunity.
The Bill before you today, the Social Services and Other Legislation Amendment (Supporting the Transition to Work) Bill 2023, represents one of the immediate actions we are taking to deliver on the objectives of the White Paper.
The changes in the Bill will permanently enhance the pension Work Bonus and extend the employment income nil rate period for those on income support.
The changes to the pension Work Bonus will enable older Australians who choose to work, if they are able to do so, to earn more income from working, before their pension is affected.
This builds on the temporary Work Bonus measure the Government announced at the Jobs and Skills summit, which gave all eligible pensioners a one-off$4,000 upfront credit into their Work Bonus balance, and increased their Work Bonus income bank balance from $7,800 to $11,800. This temporary measure is in place from 1 December 2022 to 31 December 2023.
This measure was warmly welcomed by pensioners, stakeholders and peak bodies representing senior Australians.
This Bill will permanently extend these changes from 1 January 2024, to all eligible new recipients over Age Pension age who will commence with a Work Bonus balance of $4,000 from day one, instead of starting with $0.
This will mean from the outset of commencing on the pension, new recipients will be able to earn $4,000 more before their pension rate is affected. Without this change, these new entrants would have to build up their Work Bonus balance over time.
As a result, the more than 195,000 senior Australians who commence on a pension each year will be given added incentive to maintain their connection to the workforce, and continue to add their skills, knowledge and expertise to the Australian labour market. This accords with the evident trend of Australians approaching or at retirement age looking to continue to seize more opportunities for work.
In addition, through this Bill we will also retain on a permanent basis, the maximum income bank balance of $11,800 for all eligible pensioners and veterans to accrue in their Work Bonus income bank.
This means pensioners who are not working regularly are able to accrue credits to this higher maximum balance, allowing them to earn more if they do take up some work, before their pension is affected. It also means that existing pensioners who haven't used their one-off $4,000 credit yet will be able to keep it in their income bank to use at a later date.
These changes to the Work Bonus complement existing arrangements in place that enable Age pensioners to earn an amount of income before their pension begins to be reduced. This includes the income free area and taper rate arrangements—which apply to all types of income—along with the Work Bonus, which is specifically designed to reward pensioners who are working. It provides incentives that mean pensioners with employment income can earn more before their pension is affected, and it is the best way to target additional support to pensioners who take on work.
Indeed, senior Australians have taken the time to write to me and others in the Government directly to explain how the temporary changes Work Bonus changes have supported them to work more and made a real difference in their lives.
Recently I heard from Dawn and Murray—working age pensioners from northern NSW, who do seasonal work. For them, continuing to do some work keeps them mentally and physically active, and their employer values them as mature workers because of their work ethic, commitment, life experience and availability. Dawn and Murray have told me how helpful the increase to the Work Bonus has been for them, particularly with cost of living pressures, enabling them to earn more before their pension is affected.
We want to continue to ensure that older Australians have the option, should they wish to do so, to take up work or work more. Together, the higher maximum income bank balance limit and the starting balance are targeted and effective changes that will deliver real benefits to those pensioners willing and able to take up work. These changes broaden their choices and increase flexibility, while also helping to break down the barriers faced by older Australians who wish to be in the workforce.
In addition to enhancing the Work Bonus, from 1 July 2024, this Bill will also double the length of the employment income nil rate period from 12 to 24 weeks and extend access to people who start full-time work.
This change is designed to provide more support for people to get back into work, without the fear that the social safety net won't be there if they need it again.
The employment income nil rate period is available to recipients of a range of payments, including the JobSeeker Payment, Youth Allowance, Austudy, ABSTUDY Living Allowance, Parenting Payment and pensions.
It enables income support recipients to be considered as still receiving their payment when their fortnightly rate is reduced to nil due to personal or partner income, for the purposes of qualifying for supplementary benefits, including:
Doubling the nil rate period will allow people to stay active in the system—and retain these benefits—when they first get back into work, for longer.
Our consultations during the White Paper process recommended changes to social security settings to ensure recipients are not discouraged from taking up paid work. It is commonly reported that losing access to concession cards and supplementary benefits or having to reapply and wait for income support if things don't work out discourages people taking-up work, particularly short-term or casual work.
We know that people who have some work are twice as likely to ultimately exit income support as those who don't. To improve employment outcomes and get more people off payment, it is critical that they are not dis-incentivised from taking on these short-term or ad hoc opportunities that could tum into longer term work. This measure is designed to address these concerns by doubling the period people are able to stay connected to the income support system and retain access to these benefits to almost 6 months.
The measures in this Bill will also extend access to the nil rate period to JobSeeker and Youth Allowance (other) recipients who commence in full-time work. Currently, these recipients are ineligible for the employment income nil rate period altogether, so their payment cancels as soon as they commence full-time employment.
For example, Hannah is receiving JobSeeker Payment and is offered a full-time, 3-month job working in a supermarket over Christmas. Under current arrangements, if Hannah took up this job, she would not have access the nil rate period. She would lose access to her health-care card, and supplementary payments, and possibly have to reapply for JobSeeker all over again when the job 1s over.
This may deter her from taking up this opportunity
Through the nil rate measure in this Bill, Hannah is supported to get back into work again, with the confidence that the social safety net is there if she needs it—as it is for all Australians in need.
These changes to income nil rate period are expected to benefit around 138,000 people each year, particularly those receiving JobSeeker Payment and Youth Allowance (other).
These measures complement our actions to improve the economic inclusion of people across Australia. With our measures to Strengthen the Safety Net announced in 2023-24 Budget, the Government is providing additional support to working-age and student payment recipients, as well as more support through Commonwealth Rent Assistance and expanded access to Parenting Payment (Single).
These measures commenced on 20 September 2023. They provide practical assistance and mean more money in the pockets of those doing it toughest. This makes a difference.
And now, with the measures in this Bill, the Government is doing more to help Australians of all ages get into work, consistent with our objective remove barriers to employment and broaden opportunity for all Australians.
I commend the Bill.
Federal Courts Legislation Amendment (Judicial Immunity) Bill 2023
Treasury Laws Amendment (2023 Measures No. 1) Bill 2023
Over the forward estimates, personal income tax receipts are expected to increase by $150 million as a result of this policy.
Over the forward estimates, superannuation fund tax receipts are expected to increase by $400 million as a result of this policy.
I can confirm that Labor has heard that message clearly and that we will not be taking any changes to franking credits to the next election …
The committee divided. [17:57]
(The Chair—Senator McLachlan)
(1) Schedule 5, page 41 (line 1) to page 44 (line 12), to be opposed.
The committee divided. [18:04]
(The Chair—Senator McLachlan)
That this bill be now read a third time.
The Senate divided. [18:08]
(The Deputy President—Senator McLachlan)
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023
At the end of the motion, add ", but the Senate:
(a) notes that this bill:
(i) barely expands the functions and remit of the existing Inspector-General of Live Animal Exports, and
(ii) is a wasted opportunity to provide transformative improvements in animal welfare; and
(b) calls on the Government to:
(i) recognise that animals are sentient beings that deserve our care and respect,
(ii) recognise that animals have intrinsic value, separate from the needs of humans,
(iii) in this term of Parliament, introduce legislation to specify the end date for the phase-out of live sheep exports within the shortest possible timeframe, and
(iv) establish an Independent Office for Animal Welfare which provides oversight of animal welfare standards to the full extent of the Commonwealth's power".
The founder of one of Australia's biggest animal rights charities—
has thrown his support behind the idea that people can have a sexual relationship with animals, insisting it's a better fate for them than being farmed and eaten.
An overwhelming majority of those people who attended our public meetings voiced their opposition to the government's decision to implement its election commitment and phase out live sheep exports by sea.
The industry is improving voyage-on-voyage and with Australia leading the way that flows across the globe to other live exported animals.
The result of pressure from activist groups is that the government is making a decision—
that's not based on the science and the evidence.
An equal Australia. I wish for an Australia where a woman can dream the same dreams as anyone else, where gender and racial equality isn't seen as a radical idea but rather the norm, where a woman can walk down the street and just walk, without thinking of all the things that could go wrong, an Australia where all our future generations are one and free.
I wish for an Australia where women are believed, where they are not asked about their clothes or why they did not speak up sooner. I wish for an Australia where women did not have stories to speak up about. I hope future generations do not have any stories like these to tell. I hope for an Australia where women, especially diverse women, have their talents recognised and valued.
I have seen the Matildas, a more diverse federal parliament and many strong women in my community inspire me and other women to break barriers. I hope that future generations of women can achieve all they want without needing to break barriers, and I hope that this growth and progress extends to women from all sorts of diverse backgrounds. An Australia that everyone can truly be part of is a better Australia for all of us.
My name is Jess. I'm 18 years old and I was raised on Gamaraygal land. Climate change has forced a generation of Australian children to grow up too soon. We are faced with an increasingly volatile and uncertain world, which cannot offer us the same stability and comfort it once offered our parents. Levels of climate change anxiety are increasing at an alarming rate, with 26 per cent of young people extremely anxious about the effect climate will have on their world.
I was 15 when I first truly felt and understood this anxiety. The Black Summer bushfires were burning and blistering the country I loved, killing 33 people and eliminating an estimated three billion of Australia's precious natural fauna. It was impossible to look away, to not feel the pain which rippled through the nation.
I am calling on this government to acknowledge its duty of care to young people. We deserve to be considered and protected in every decision made by this parliament. Gone are the times when politicians can make unilateral decisions without considering the health and wellbeing of current and future Australian children. To make Australia the best possible place for future generations, a duty of care needs to be legislated to ensure the interests and safety of all Australian young people are at the heart of this parliament's work.
My name is Tricia. I am a 16-year-old student from Fowler. I am in Year 11. I only have one more year of high school left. I should be optimistic about the future. I should be excited to attend university, pursue my dream career, and make the big bucks. But I'm anxious. How will I achieve these goals without certainty? Where will I go? Where will I live? Where will I stay? Should I pay rent to live in the city centre, or should I spend three hours commuting daily to university, or simply show up to work? That should absolutely not be a difficult choice to make, yet millions of young Australians eventually have to. They eventually make up their minds. They either pay exorbitant rent or sit in a mind numbing train for hours.
The power dynamic between landlord and tenant is clear for anyone to see. Like Ursula, tenants are bound with a contract with purposefully vague terms. There are no clear promises from landlords to make fixes. There are no clear promises they will not be unfairly evicted.
My vision for Australia is a flourishing society where everyone can pursue their dreams with no anxiety, no worries, and no fears of being homeless in an instant. I can see optimism on the horizon, taste the freedom on the other side and scent of sweetness, hear the vivacious cheers, and feel the pounding hearts of many who have received their university and interview acceptance emails. Yet, this vision is slipping away from me the longer the parliament refuses to take action. Parliament needs to immensely increase rental support and impose the rent freeze that we have all been asking for.
One third of Australians are renters, yet nothing sufficient is being done. There needs to be a rent freeze. There needs to be a rent cap which can be adjusted for inflation. Instead, there is no rent freeze. House rents are increasing three times as fast as wages.
I urgently implore the parliament to successfully pass legislation to establish a rent freeze, discussed by economists, politicians, and people alike. Start discussing more policies to assist renters today. Now. All of Australia is waiting.