The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to allow a motion concerning the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 to be moved and determined immediately.
That the question be now put.
The Senate divided. [09:14]
(The President—Senator Lines)
The Senate divided. [09:17]
(The President—Senator Lines)
That a motion relating to the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 may be moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [09:20]
(The President—Senator Lines)
The Senate divided. [09:23]
(The President—Senator Lines)
That—
(1) The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 be divided into two bills and amended, in accordance with the amendments on sheet PU108.
(2) The bills be printed.
(3) Further consideration of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 be an order of the day for a later hour and further consideration of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 be an order of the day for 6 February 2024.
(4) The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 be called on immediately and, until the bill is finally determined, the routine of business shall be consideration of the bill, only.
(5) The questions on all remaining stages of the bill be put at midday.
(6) Paragraph (5) operate as a limitation of debate under standing order 142.
(7) After consideration of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 has concluded, the routine of business till 1.30 pm be:
(a) consideration of private senators' bills, for up to 1 hour and 10 minutes; and
(b) government business only.
(8) The hours of meeting for Thursday, 7 December 2023 be from 9 am to adjournment and the routine of business after motions to take note of answers be as follows:
(a) notices;
(b) a report of the Selection of Bills Committee;
(c) postponement and rearrangement of business;
(d) formal motions;
(e) condolence motion relating to the Honourable Gerard Leslie (Gerry) Hand;
(f) tabling and consideration of reports and documents for up to 60 minutes; and
(g) consideration of general business notice of motion no. 441, for not more than 30 minutes.
(9) Divisions may take place between 1.30 pm and 2 pm and after 4.30 pm, until the Senate has concluded the consideration of formal motions.
(10) The Senate shall adjourn without debate on the motion of a minister.
(11) Future proceedings of the inquiry of the Employment and Education Legislation Committee into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 be confined to consideration of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023.
(1) That:
(a) the Bill be divided; and
(b) the following provisions of Schedule 1 to the Bill be incorporated in an amending Schedule to a separate bill under the heading "Schedule 1—Main amendments":
(i) Part 1 (casual employment);
(ii) Part 3 (enabling multiple franchisees to access the single-enterprise stream);
(iii) Part 4 (transitioning from multi-enterprise agreements);
(iv) Part 5 (model terms);
(v) Part 5A (intractable bargaining workplace determinations);
(vi) Division 2 of Part 7 (workplace delegates' rights—amendments commencing 1 July 2024);
(vii) Part 9 (sham arrangements);
(viii) Part 10 (exemption certificates for suspected underpayment);
(ix) Part 11 (penalties for civil remedy provisions);
(x) Part 12 (compliance notice measures);
(xi) Part 13 (withdrawal from amalgamations);
(xii) Part 15 (definition of employment);
(xiii) Part 16 (provisions relating to regulated workers);
(xiv) Part 17 (technical amendment);
(xv) Part 18 (application and transitional provisions); and
(c) Schedule 5 (amendment of the Coal Mining Industry (Long Service Leave) Administration Act 1992 ) also be included in the separate bill.
(2) That the following be inserted at the beginning of the separate bill:
A Bill for an Act to amend the law relating to workplace relations, certain independent contractors, unfair contracts, the road transport industry and registered organisations, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(3) That Part 18 of Schedule 1 to the separate bill be omitted and substituted with the following:
Part 18 — Application and transitional provisions
Fair Work Act 2009
308 In the appropriate position in Schedule 1
Insert:
Part 16 — Main amendments made by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023
Division 1 — Definitions
100 Definitions
In this Part:
amended Act means this Act as amended by theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
amending Act means theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
Division 2 — Amendments made by Part 1 of Schedule 1 to the amending Act
101 Resolving uncertainties and difficulties about interaction between fair work instruments and the definition of casual employee and employee choice
(1) The FWC may make a determination varying a fair work instrument that is a modern award, enterprise agreement or workplace determination that was made before the commencement of this clause:
(a) for an enterprise agreement or workplace determination—on application by an employer, employee or employee organisation covered by the enterprise agreement or workplace determination; or
(b) for a modern award:
(i) by the FWC on its own initiative; or
(ii) on application by an employer organisation or employee organisation entitled to represent the industrial interests of an employer or employee covered by the award.
(2) The FWC may make a determination varying the instrument:
(a) to resolve an uncertainty or difficulty relating to the interaction between the instrument and any of the following:
(i) the definition of casual employee in section 15A of the amended Act (including to deal with uncertainty or difficulty arising from the circumstances in which employees are to be employed as casual employees under the agreement);
(ii) the provisions of Division 4A of Part 2-2 of the amended Act; or
(b) to make the instrument operate effectively with that section or those provisions.
(3) A variation of a fair work instrument under this clause operates from the day specified in the determination, which may be a day before the determination is made.
(4) If the determination relates to a modern award, the FWC must publish the award as varied as soon as practicable on the FWC's website or by any other means the FWC considers appropriate.
102 Application of amendments
Application of definition of casual employee
(1) Section 15A of the amended Act applies on and after commencement in relation to employment relationships entered into before, on or after commencement.
(2) Despite subclause (1), for the purposes of applying section 15A of the amended Act on and after commencement in relation to employment relationships entered into before commencement:
(a) conduct of an employer and employee that occurred before commencement is to be disregarded for the purposes of applying subsections 15A(2) and (3) in relation to that employee; and
(b) if an employee's contract of employment immediately before commencement included a term of a kind referred to in subsection 15A(4)—that subsection is taken not to apply in relation to the employee for the remainder of the term of that contract.
Continuing casual employees
(3) For the purposes of subclause (1), an employee who was, immediately before commencement, a casual employee of an employer within the meaning of section 15A as in force at that time, is taken to be a casual employee of the employer within the meaning of section 15A of the amended Act on and after commencement.
(4) An employer of an employee referred to in subclause (3) must, despite subsection 125B(2), give the employee a Casual Employment Information Statement within 3 months after commencement.
Application of employee choice and casual conversion provisions
(5) The amendments of Division 4A of Part 2-2 made by the amending Act apply on and after commencement in relation to employment relationships entered into before, on or after commencement.
(6) For the purposes of applying subclause (5) in relation to employment relationships entered into before commencement:
(a) any period of employment as a casual employee that occurred before commencement is to be disregarded for the purposes of paragraphs 66AAB(c) and (d) of the amended Act; and
(b) paragraph 66AAB(d) of the amended Act is taken to include a requirement that in the period referred to in that paragraph the employee has not:
(i) been given a response before commencement by the employer under section 66G refusing a request made by the employee under section 66F; or
(ii) been given a response after commencement by the employer under section 66G refusing a request made by the employee under section 66F (as those sections continue to apply because of subclauses (6A) and (6B)).
(6A) Despite subclause (5), section 66F as in force immediately before commencement continues to apply after commencement in relation to employment relationships entered into before commencement for a period of:
(a) for an employer that is a small business employer—12 months from commencement; or
(b) for an employer that is not a small business employer—6 months from commencement.
(6B) Despite subclause (5), sections 66G to 66J as in force immediately before commencement continue to apply after commencement in relation to:
(a) a request made before commencement by an employee under section 66F for which, immediately before commencement, a response under section 66G or a notice under section 66J had not been given; or
(b) a request made after commencement by an employee under section 66F (as that section continues to apply because of subclause (6A)).
(7) Despite subclause (5), sections 66M and 739 as in force immediately before commencement continue to apply after commencement to:
(a) disputes that arose before commencement relating to the operation of Division 4A of Part 2-2; and
(b) disputes that arise after commencement relating to the operation of sections 66F to 66J (as those sections continue to apply because of subclauses (6A) and (6B)).
Definitions
(8) In this clause:
commencement means the commencement of Part 1 of Schedule 1 to the amending Act.
103 Transitional provision
For the purposes of applying section 66L of this Act during the period beginning when this clause commences and ending when Part 1 of Schedule 1 to the amending Act commences, the reference to "this Division" in that provision is taken to include a reference to that Division as amended by that Part.
Division 3 — Amendments made by Part 4 of Schedule 1 to the amending Act
104 Replacement agreements
(1) Subsections 58(4) and (5), as inserted by the amending Act, apply in relation to single-enterprise agreements made after the commencement of Part 4 of Schedule 1 to that Act, whether the single interest employer agreement or supported bargaining agreement was made before or after that commencement.
(2) Section 180B and subsection 240A(4), as inserted by the amending Act, apply in relation to single interest employer agreements and supported bargaining agreements whether made before or after the commencement of Part 4 of Schedule 1 to that Act.
(3) Subsections 236(1B) and 238(2), as inserted by the amending Act, apply in relation to applications made after the commencement of Part 4 of Schedule 1 to that Act, whether the single interest employer agreement or supported bargaining agreement was made before or after that commencement.
105 Variation of supported bargaining authorisations
Subsection 245(2), as inserted by the amending Act, applies in relation to enterprise agreements and workplace determinations that come into operation before or after the commencement of Part 4 of Schedule 1 to that Act.
106 Application of better off overall test to replacement agreements
Sections 193 and 193A, as amended by the amending Act, apply in relation to single-enterprise agreements made on or after the commencement of Part 4 of Schedule 1 to that Act, whether the supported bargaining agreement or single interest employer agreement was made before or after that commencement.
Division 4 — Amendments made by Part 5 of Schedule 1 to the amending Act
107 Model terms and enterprise agreements
(1) Despite the amendments made by Part 5 of Schedule 1 to the amending Act, sections 202, 205 and 737, as in force immediately before the commencement of that Part, continue to apply in relation to an enterprise agreement if:
(a) before that commencement, the employer concerned asks the employees to approve the agreement by voting for it; and
(b) by that vote, the employees approve the agreement; and
(c) the FWC approves the agreement.
(2) In deciding, after the commencement of that Part, whether to approve the agreement mentioned in subclause (1) (in that form), the FWC must disregard the amendments made by that Part.
108 Model terms and copied State instruments
Despite the amendments made by Part 5 of Schedule 1 to the amending Act, section 768BK, as in force immediately before the commencement of that Part, continues to apply in relation to a model term that is taken, before that commencement, to be a term of a copied State instrument.
109 Disallowance — model terms made before commencement
Section 42 (disallowance) of the Legislation Act 2003 does not apply to a determination made in the exercise of a power under subsection 202(5), 205(3), 737(1) or 768BK(1A) of the amended Act, before the commencement of Part 5 of Schedule 1 to the amending Act, relying on subsection 4(1) of theActs Interpretation Act 1901 .
Note: Subsection 4(1) of the Acts Interpretation Act 1901 provides for the exercise of powers between the passing and commencement of an Act.
Division 5 — Amendments made by Part 5A of Schedule 1 to the amending Act
110 Application of amendments — intractable bargaining workplace determinations
(1) This clause applies to the following provisions:
(a) section 270A of the amended Act;
(b) subsection 274(3) of the amended Act.
(2) The provisions apply in relation to determinations made on or after the commencement of Part 5A of Schedule 1 to the amending Act (including determinations in relation to which the declaration concerned, or the application for the declaration concerned, was made before that commencement).
(3) The provisions also apply in relation to determinations made before that commencement, in the circumstances specified in clause 111.
111 Application of amendments to intractable bargaining workplace determinations made before commencement
(1) This clause applies in relation to an intractable bargaining workplace determination made before the commencement of Part 5A of Schedule 1 to the amending Act (the original determination ).
(2) On application by an employer, employee or employee organisation covered by the original determination, the FWC must make a determination (a variation ) varying the original determination where required so as to give effect to the provisions to which clause 110 applies.
(3) An application under subclause (2) must be made before the end of the period of 12 months commencing on the day Part 5A of Schedule 1 to the amending Act commences.
(4) The FWC may make a variation despite paragraph 603(3)(c).
(5) Any variation must be made by a Full Bench.
(6) A variation operates from the day specified by the FWC in the variation, which must not be a day before the variation is made.
Division 6 — Amendments made by Part 9 of Schedule 1 to the amending Act
112 Application of amendments
Section 357, as amended by Part 9 of Schedule 1 to the amending Act, applies in relation to representations made on or after the commencement of that Part.
Division 7 — Amendments made by Part 10 of Schedule 1 to the amending Act
113 Application of amendments — right of entry
The amendments of subsection 510(1) made by Part 10 of Schedule 1 to the amending Act apply in relation to each entry permit held by a permit holder whether issued before, on or after the commencement of that Part.
Division 8 — Amendments made by Part 11 of Schedule 1 to the amending Act
114 Penalties for contravention of civil remedy provisions
Changes to amounts of pecuniary penalties and serious contraventions
(1) The amendments of Part 4-1 made by Division 1 of Part 11 of Schedule 1 to the amending Act apply in relation to conduct engaged in after the commencement of that Division.
(2) For the purposes of section 557, conduct engaged in before that commencement cannot constitute the same course of conduct as conduct engaged in after that commencement.
Changes relating to underpayments
(3) The amendments of Part 4-1 made by Division 3 of Part 11 of Schedule 1 to the amending Act apply in relation to conduct engaged in after the commencement of that Division.
(4) For the purposes of section 557, conduct engaged in before that commencement cannot constitute the same course of conduct as conduct engaged in after that commencement.
Part 17 — Amendments made by Part 15 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023
Division 1 — Definitions
115 Definitions
In this Part:
amended Act means this Act as amended by theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
amending Act means theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
commencement means the commencement of item 237 of Part 15 of Schedule 1 to the amending Act.
old Act means this Act as in force immediately before commencement.
Division 2 — Transitional provisions
116 Relationships in existence as at commencement or entered into on or after commencement
(1) Subject to this Schedule, section 15AA of the amended Act applies on and after commencement to the following:
(a) a relationship between an individual and a person entered into before commencement that is in existence as at commencement;
(b) a relationship between an individual and a person entered into on or after commencement.
(2) Despite section 40A, section 7 of the Acts Interpretation Act 1901 , as in force from time to time, applies in relation to the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
Note: Section 7 of the Acts Interpretation Act 1901 provides for the effect of amendment and repeal of provisions of Acts, including in relation to rights, liabilities, penalties and forfeitures etc. accrued or incurred before the repeal.
117 References to employees etc. in fair work instruments made before commencement
(1) This clause applies to a fair work instrument that:
(a) was made before commencement; and
(b) is in operation on or after commencement.
(2) A reference in the fair work instrument to an employee or an employer is taken, on and after commencement, to include a reference to an employee or an employer, as the case requires, within the meaning of section 15AA of the amended Act.
118 Entitlements determined by reference to length of a period of employment etc.
(1) This clause applies if:
(a) immediately before commencement, an individual was not an employee of a person within the ordinary meaning of that expression; and
(b) because of the operation of section 15AA of the amended Act, on commencement, the individual becomes an employee of the person, within the ordinary meaning of that expression, in respect of that relationship.
(2) For the purposes of determining whether the individual has a right or entitlement under the amended Act or under a fair work instrument in respect of the employment of the individual, being a right or entitlement calculated by reference to:
(a) the individual's length of service (however described) as an employee; or
(b) a minimum period of employment (however described) of the individual;
the nature of the relationship between the individual and the person in respect of a period or periods before commencement is to be ascertained in accordance with the old Act.
119 Old Act applies to proceedings on foot as at commencement
(1) Despite the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act, the old Act continues to apply, on and after commencement, as if that amendment had not been made, in relation to the following:
(a) an application made, or proceedings on foot, as at commencement, other than an application or proceedings prescribed by the regulations;
(b) an application for review of, or an appeal relating to, an application or proceedings referred to in paragraph (a) (whether the application for review was made, or the appeal proceedings were brought, before, on or after commencement).
(2) For the purposes of paragraph (1)(a), an application or proceedings are on foot until all rights of review and appeal in relation to the application or proceedings have expired or have been exhausted.
120 FWC power to deal with uncertainties or difficulties arising from the operation of section 15AA of the amended Act
(1) The FWC may make a determination varying a fair work instrument in order to resolve an uncertainty or difficulty relating to the operation or effect of the fair work instrument, being an uncertainty or difficulty arising as a result of, or in connection with, the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
(2) The FWC may make a determination under subclause (1) varying a modern award:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees covered by the modern award; or
(d) if the modern award includes outworker terms—on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker terms relate.
(3) The FWC may make a determination under subclause (1) varying an enterprise agreement or a workplace determination:
(a) on its own initiative; or
(b) on application by any of the following:
(i) one or more of the employers covered by the enterprise agreement or workplace determination;
(ii) an employee covered by the enterprise agreement or workplace determination;
(iii) an employee organisation covered by the enterprise agreement or workplace determination.
(4) The FWC may make a determination under subclause (1) varying an FWC order:
(a) on its own initiative; or
(b) on application:
(i) by a person affected by the order; or
(ii) if the FWC order is of a kind prescribed by the regulations—by a person prescribed by the regulations in relation to that kind of order.
(5) A variation of a fair work instrument under this clause operates from the day specified in the determination, which may be a day before the determination was made.
(6) The regulations may provide as follows:
(a) that this clause applies, or does not apply, to a specified fair work instrument or a specified class of fair work instrument;
(b) that this clause applies, or does not apply, to a specified uncertainty or difficulty, or a specified class of uncertainty or difficulty.
Division 3 — Regulations about transitional matters
121 General power for regulations to deal with transitional etc. matters
(1) The regulations may make provisions of a transitional, application or saving nature in relation to the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
(2) The regulations may make provisions of a transitional, application or saving nature in relation to the following:
(a) a person becoming an employer because of the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act;
(b) an individual becoming an employee because of the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act.
122 Other general provisions about regulations
(1) This clause applies to regulations made for the purposes of this Part.
(2) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the regulations.
(3) If:
(a) regulations are expressed to commence from a date (the registration date ) before the regulations are registered under theLegislation Act 2003 ; and
(b) a person engaged in conduct before the registration date; and
(c) but for the retrospective effect of the regulations, the conduct would not have contravened a provision of this Act;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act.
Part 18 — Amendments made by Part 16 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023
Division 1 — Definitions
123 Definitions
In this Part:
amended Act means this Act as amended by theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
amending Act means theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 .
commencement means the commencement of item 238 of Part 16 of Schedule 1 to the amending Act.
old Act means this Act as in force immediately before commencement.
Division 2 — Transitional provisions
124 Unfair deactivation and unfair termination
(1) Part 3A-3 (unfair deactivation or unfair termination of regulated workers) applies to a deactivation or termination that occurs after commencement.
(2) For the purposes of determining under paragraph 536LD(c) whether an employee-like worker has been performing work for a period of at least 6 months, a period or periods before commencement are not to be counted.
(3) For the purposes of determining under paragraph 536LE(c) whether a regulated road transport contractor has been performing work for a period of at least 12 months, a period or periods before commencement are not to be counted.
125 New applications relating to unfair contracts
An application in relation to a services contract may be made under section 536ND only if the contract was entered into on or after the commencement of this item.
126 Services contracts entered into before commencement
(1) This section applies to a services contract entered into before commencement.
(2) Despite the amendments of the Independent Contractors Act 2006 made by theFair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023 , theIndependent Contractors Act 2006 continues to apply to the services contract after commencement of this item as if those amendments had not been made.
(4) That the title of the Bill be omitted and substituted with the following:
A Bill for an Act to amend the law relating to workplace relations, work health and safety, workers' compensation and rehabilitation, certain independent contractors, the Asbestos Safety and Eradication Agency and registered organisations, and for related purposes
(5) That clause 2 of the Bill be omitted and substituted with the following:
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(6) That the following be added at the end of Schedule 1 to the Bill:
Part 18 — Application and transitional provisions
Fair Work Act 2009
308 In the appropriate position in Schedule 1
Insert:
Part 15 — Amendments made by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023
Division 1 — Definitions
91 Definitions
In this Part:
amended Act means this Act as amended by theFair Work Legislation Amendment (Closing Loopholes) Act 2023 .
amending Act means theFair Work Legislation Amendment (Closing Loopholes) Act 2023 .
Division 2 — Amendments made by Part 2 of Schedule 1 to the amending Act
92 Application — section 121
Despite the amendment made by item 28 of Part 2 of Schedule 1 to the amending Act, section 121, as in force immediately before the commencement of that item, continues to apply in relation to the termination of an employee's employment if any of the following occurred before that commencement:
(a) the termination of the employee;
(b) any other termination covered by that section as amended that caused the employer to become a small business employer.
Division 3 — Amendments made by Part 6 of Schedule 1 to the amending Act
93 Application of amendments — regulated labour hire arrangement orders
Application of requirement to pay protected rate of pay
(1) Section 306F of the amended Act (protected rate of pay payable to employees if a regulated labour hire arrangement order is in force) applies on and after 1 November 2024 regardless of whether any agreement resulting in the performance of work by a regulated employee is entered into before, on or after that day.
Anti-avoidance provisions apply retrospectively in relation to certain conduct and schemes
(2) Division 4 of Part 2-7A of the amended Act (anti-avoidance) applies, on and after the introduction day, in relation to:
(a) conduct engaged in; or
(b) a scheme that is entered into, begun to be carried out or carried out;
on or after the introduction day.
(3) In this section:
introduction day means the day on which theFair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced into the Parliament.
Division 4 — Amendments made by Part 7 of Schedule 1 to the amending Act
94 Application of section 149E of amended Act
(1) Section 149E (delegates' rights terms) of the amended Act applies in relation to a modern award that is in operation on or after 1 July 2024, whether or not the award was made before that day.
(2) However, a modern award is not invalid on or after 1 July 2024 only because it does not include a delegates' rights term.
95 FWC to vary certain modern awards
(1) This clause applies in relation to a modern award if the award:
(a) is made before 1 July 2024; and
(b) is to be in operation on that day.
(2) The FWC must, by 30 June 2024, make a determination varying the modern award to include a delegates' rights term.
(3) A determination made under subclause (2) comes into operation on (and takes effect from) 1 July 2024.
(4) Section 168 applies to a determination made under subclause (2) as if it were a determination made under Part 2-3.
96 Application of section 205A of amended Act
(1) Section 205A (enterprise agreements to include delegates' rights terms etc.) of the amended Act does not apply in relation to an enterprise agreement if:
(a) before 1 July 2024, the employer concerned asks the employees to approve the agreement by voting for it; and
(b) by that vote, the employees approve the agreement; and
(c) the FWC approves the agreement.
(2) In deciding, after 1 July 2024, whether to approve the agreement mentioned in subclause (1) (in that form), the FWC must disregard section 205A.
97 Application of subsections 273(6) and (7) of amended Act
(1) Subsections 273(6) and (7) (delegates' rights terms) of the amended Act apply in relation to a workplace determination made on or after 1 July 2024.
(2) However, a workplace determination is not invalid on or after 1 July 2024 only because it does not include a delegates' rights term.
Division 5 — Amendments made by Part 14 of Schedule 1 to the amending Act
98 Offence relating to failure to pay certain amounts as required
Subsection 327A(1) of the amended Act applies in relation to conduct that occurs after the commencement of Part 14 of Schedule 1 to the amending Act, including conduct that occurs after that commencement that is part of a course of conduct that began before that commencement.
Division 6 — Amendments made by Part 14A of Schedule 1 to the amending Act
99 Application of amendments
(1) The amendment of subsection 409(6A) of this Act made by Part 14A of Schedule 1 to the amending Act applies in relation to industrial action to the extent that the industrial action occurs, or is to occur, on or after the commencement of that Part.
(2) However, the amendment does not apply in relation to doing any of the following before that commencement in relation to industrial action, even if the industrial action occurs, or was to occur, on or after that commencement:
(a) organising the industrial action;
(b) threatening to engage in the industrial action;
(c) threatening to organise the industrial action;
(d) engaging in any other conduct in relation to the industrial action.
(3) For the purposes of subsection 409(6A) of this Act, as amended by Part 14A of Schedule 1 to the amending Act, it does not matter whether a contravention of an order made under section 448A of this Act occurred before, on or after the commencement of that Part.
The Senate divided. [09:26]
(The President—Senator Lines)
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
Instead it—
is choosing a path that will drive up the costs to engage employees and create a system people will walk away from.
… … …
We've consistently called out this Bill for being fraught with issues that will make it harder and more expensive to create employment opportunities in farming.
… … …
Put simply, as it stands, it will create layers of complexity for small farming businesses.
… … …
We call on the Senate to have the common sense to make sure this Bill as it stands does not go through.
At the end of the motion, add ", and:
(a) the Senate notes that:
(i) this is a devastating day for Australian businesses, with members of the crossbench siding with the Albanese Labor Government to pass through highly contentious labour market regulation before it receives proper parliamentary scrutiny through the Senate inquiry process,
(ii) the Government's new labour hire laws will substantially increase the burden and costs imposed on businesses using legitimate labour hire arrangements to meet demand surges or remedy staff shortages, and that these costs will be ultimately passed on to consumers in a cost of living crisis,
(iii) the Government's new labour hire laws are incompatible with a modern labour market that must be flexible, dynamic, and rewarding for workers, and
(iv) the Coalition support amendments which address small business redundancy exemptions, industrial manslaughter, protections against discrimination, wage theft, the Asbestos Safety and Eradication Agency and first responders PTSD changes; and
(b) Part 6 of Schedule 1 (which abolishes modern and flexible workplace arrangements) and Part 7 of Schedule 1 (which gives unions unprecedented access to Australian workplaces) be referred to the Education and Employment Legislation Committee for inquiry and report by 1 February 2024".
… I ask you to withdraw those accusations because I am not on a unity ticket with Qantas and Alan Joyce when it comes to ripping off Qantas workers through labour hire. I am not. I never have been.
It's quite disheartening, quite confusing, a little bit demoralising, knowing that you're there on the cart doing the same thing. When the fire alarm went off in the bathroom, you were there bringing the emergency equipment and so were they. You are cleaning up the vomit on the floor alongside somebody else. You were doing 19-hour duty and keeping your eyes open and keeping each other awake the same as everyone else, wearing the exact same uniform … I was a little bit blindsided … on my payslip there's a kangaroo and it says 'Qantas' … You can imagine what it would do for unity and morale in the workplace.
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.
We are actually living a casualisation pandemic …
… … …
labour hire, or a form of casualisation, … should never have been allowed … to be a model of full replacement. We are actually living and breathing this, to the detriment of the viability and the resilience of our community.
It is proposing a policy to reverse union court defeats & effectively saying to the economy that "unless you employ someone part time or full time, all methods of engagement are invalid or unwanted" …
… … …
I fear for the outcome of Australia if this bill is passed.
The Albanese government has never been honest on its true agenda on 'same job, same pay'.
Its election policy was to deal with what it said were the "limited circumstances" in which 'labour hire' is misused.
… does nothing of the sort. It has nothing to do with labour hire and is not about 'closing loopholes'.
Instead, it allows unions to impose 'same job, same pay' not just on labour hire but on every business that employs its own staff and contracts to another business.
That so much of standing order 142 be suspended as would prevent further consideration of the bill without limitation of time.
That the question be now put.
The Senate divided. [12:09]
(The President—Senator Lines)
The Senate divided. [12:13]
(The President—Senator Lines)
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
The Senate divided. [12:17]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate notes that:
(a) in the Government's 2023 policy paper it stated that the intent of 'Same Job, Same Pay' was 'the Government's Same Job, Same Pay measure seeks to address the limited circumstances in which host employers use labour hire to deliberately undercut the bargained wages and conditions set out in enterprise agreements made with their employees', and the bill does not do this and never has;
(b) the bill does not define 'labour hire', unlike existing legislation governing labour hire, such as the 4 state and territory licensing regimes;
(c) without a definition, labour hire businesses (who provide workers) are treated no differently to service contractors (who deliver a specified service), this is contrary to the Government's policy intent, and instead of 'limited circumstances' it casts the net over almost any form of contractor arrangement, and this is not about 'closing a loophole';
(d) the definition of 'labour hire' in the Victorian Labour Hire Licensing Act 2018 should be reproduced in section 306E of the bill, to provide a 'regulated labour hire arrangement order' can only apply to 'labour hire', consistent with the Government's policy;
(e) all business groups agree that service contractors are not 'labour hire' and should be excluded from 'Same Job, Same Pay'; and
(f) 'labour hire' must be defined and the legislation should expressly state that service contractors are excluded from the definition and it is not sufficient to rely only on a definition of 'labour hire' to protect service contractors".
The Senate divided. [12:20]
(The President—Senator Lines)
The Senate divided. [12:24]
(The President—Senator Lines)
(6) Schedule 3, item 2, proposed subsection 7(12), to be opposed.
SHEET ZE249
(1) Clause 2 (commencement), subclause (1), omit table item 26, substitute:
(2) Schedule 3 (heading), omit the heading, substitute:
Schedule 3 — Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 — Post-traumatic stress disorder
(3) Schedule 3, item 2, heading to proposed subsection 7(11), omit " first responders ", substitute "certain employees ".
(4) Schedule 3, item 2, omit proposed paragraphs 7(11)(a) and (b), substitute:
(a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:
(i) the Diagnostic and Statistical Manual of Mental Disorders , fifth edition text revision (DSM-5-TR), published by the American Psychiatric Association in 2022; or
(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and
(b) at any time before symptoms of post-traumatic stress disorder became apparent, the employee:
(i) was employed as a first responder in accordance with subsection (13); or
(ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;
(5) Schedule 3, item 2, proposed subsection 7(11), after "responder", insert "or as a member of the class of employees declared under subsection (13A)".
(7) Schedule 3, item 2, proposed subsection 7(13), omit "paragraph (11)(b)", substitute "subparagraph (11)(b)(i)".
(8) Schedule 3, item 2, at the end of proposed subsection 7(13), add:
; or (f) was the Australian Border Force Commissioner; or
(g) was an APS employee in the Australian Border Force.
(9) Schedule 3, item 2, after proposed subsection 7(13), insert:
(13A) If the Minister is satisfied that the incidence of post-traumatic stress disorder among a class of employees is significantly greater than the incidence of post-traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.
(10) Schedule 3, item 3, omit "Schedule" (first occurring), substitute "Part".
(11) Schedule 3, item 3, omit "Schedule" (second occurring), substitute "Part".
(12) At the end of the Schedule 3, add:
Part 2 — Rehabilitation assessments and examinations
Safety, Rehabilitation and Compensation Act 1988
4 Subsection 4(1)
Insert:
approved Rehabilitation Assessments and Examinations Guide means:
(a) the document prepared by Comcare in accordance with section 57A, titled "Guide for Arranging Rehabilitation Assessments and Requiring Examinations", that has been approved by the Minister and is for the time being in force; or
(b) if an instrument varying that document has been approved by the Minister—that document as so varied.
5 After subsection 36(3)
Insert:
(3A) In deciding whether to arrange for an assessment under subsection (1) or to require an examination under subsection (3), the rehabilitation authority must comply with the approved Rehabilitation Assessments and Examinations Guide.
Note: The Guide is prepared by Comcare under section 57A.
6 After subsection 57(1)
Insert:
(1A) In deciding whether to require an examination under subsection (1), the relevant authority must comply with the approved Rehabilitation Assessments and Examinations Guide.
Note: The Guide is prepared by Comcare under section 57A.
7 Subsection 57(6)
Repeal the subsection.
8 After section 57
Insert:
57A Guide for Arranging Rehabilitation Assessments and Requiring Examinations
(1) Comcare must, in consultation with the Commission, prepare a written document to be called the "Guide for Arranging Rehabilitation Assessments and Requiring Examinations" (the Guide ).
(2) The object of the Guide is to support ethical, transparent and accountable decision-making in relation to arranging a rehabilitation assessment of an employee under subsection 36(1), or requiring an employee to undergo an examination under subsection 36(3) or 57(1), including appropriate consideration of the employee's personal circumstances.
(3) The Guide must:
(a) provide that, for the purposes of a rehabilitation assessment or examination of an employee:
(i) information in relation to the employee should be sought from the employee's treating practitioner; and
(ii) the employee's treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and
(b) specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and
(c) specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and
(d) specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and
(e) require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and
(f) require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee's rights relating to the rehabilitation assessment or examination.
Note 1: For the purposes of paragraph (a), an employee's treating medical practitioner may be nominated to conduct a rehabilitation assessment or examination of the employee.
Note 2: For the purposes of paragraphs (d) and (e), if a relevant authority requires an employee to undergo an examination under subsection 57(1), the examination must be conducted by one legally qualified medical practitioner nominated by the relevant authority.
(4) The Guide may provide for any other relevant matter.
(5) Comcare may, in consultation with the Commission, prepare a written document varying or revoking the approved Guide.
(6) A Guide prepared under subsection (1), and a document prepared under subsection (5), must be approved by the Minister.
(7) A Guide prepared under subsection (1) is a legislative instrument made by the Minister on the day on which the Guide is approved by the Minister.
(8) A document prepared under subsection (5) is a legislative instrument made by the Minister on the day on which the document is approved by the Minister.
9 Subsection 60(1) (definition of determination )
Omit "37 or 39", substitute "37, 39 or 57".
10 Application of amendments
The amendments made by this Part apply in relation to:
(a) a rehabilitation assessment of an employee that is arranged under subsection 36(1) of the Safety, Rehabilitation and Compensation Act 1988 , if the assessment is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the assessment was arranged); and
(b) an examination that an employee is required to undergo under subsection 36(3) or 57(1) of the Safety, Rehabilitation and Compensation Act 1988 , if the examination is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the requirement to undergo the examination was made).
_____
SHEET ZC255
(1) Clause 2 (commencement), subclause (1), omit table item 18, substitute:
_____
SHEET ZB276
(1) Clause 2 (commencement), subclause (1), after table item 20A, insert:
(2) After clause 4 (review of operation of amendments), insert:
4A Review of operation of Part 16A of Schedule 1
(1) The Minister must cause a review to be conducted of the operation of the amendments made by Part 16A of Schedule 1 to this Act.
(2) Without limiting the matters that may be considered when conducting the review, the review must:
(a) consider whether the operation of the amendments made by that Part is appropriate and effective; and
(b) identify any unintended consequences of the amendments made by that Part; and
(c) consider whether amendments of the Fair Work Act 2009 , or any other legislation, are necessary to:
(i) improve the operation of the amendments made by that Part; or
(ii) rectify any unintended consequences identified under paragraph (b).
(3) The review must start no later than 9 months after that Part commences.
(4) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.
(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(3) Schedule 1, after Part 14A, insert:
Part 16A — Right of entry — assisting health and safety representatives
Fair Work Act 2009
306A At the end of section 494
Add:
Assisting health and safety representatives
(4) Subsection (1), and sections 495 to 498, do not apply to an official of an organisation assisting a health and safety representative on request under a provision of a State or Territory OHS law equivalent to paragraph 68(2)(g) of the Work Health and Safety Act 2011 .
(5) However, sections 499 to 504 do apply in relation to the official:
(a) whether or not the official is a permit holder; and
(b) for the purposes of sections 499 to 502—if the official is not a permit holder, as if the official were a permit holder; and
(c) as if giving the assistance to the health and safety representative were authorised by this Part, or were the exercise of rights under this Part (as the case requires); and
(d) for the purposes of section 504—as if that section prohibited the use of information or a document obtained in giving the assistance other than for a purpose related to the exercise or performance of the powers or functions of the health and safety representative (subject to the exceptions set out in that section).
(1) Clause 2, page 2 (table item 7), omit the table item.
(2) Clause 2, page 2 (table item 8), omit the table item.
(3) Clause 2, page 2 (table item 20A), omit the table item.
(4) Schedule 1, Part 6, page 8 (line 1) to page 45 (line 3), to be opposed.
(5) Schedule 1, Part 7, page 46 (line 1) to page 50 (line 2), to be opposed.
(6) Schedule 1, Part 14A, page 72 (lines 1 to 13), to be opposed.
(7) Schedule 1, item 308, page 74 (lines 1 to 22), Division 3 to be opposed.
(8) Schedule 1, item 308, page 74 (line 23) to page 75 (line 30), Division 4 to be opposed.
(9) Schedule 1, item 308, page 76 (lines 9 to 29), Division 6 to be opposed.
The Senate divided. [12:28]
(The President—Senator Name)
The Senate divided. [12:32]
(The President—Senator Lines)
Defence Capability Assurance and Oversight Bill 2023
This Bill creates an independent statutory body responsible for assessing the complex risks associated with materiel procurement and sustainment, including but not limited to technical risks pertaining to performance and certification.
a. expedite the procurement of defence capability by providing capability managers and the Australian Government a high degree of confidence in the veracity and completeness of the information they use to make timely, risk informed decisions,
b. provide assurance to capability managers, the Australian Government and the Parliament that weapons systems will be available for use when required and effective against extant and emerging threats, and
c. make existing defence procurement processes and requirements more effective and efficient by ensuring:
i. that risk assessment throughout the capability life cycle is consistently conducted by people who have appropriate qualifications and relevant experience,
ii. the assessment and reporting of risk is independent, free from overt or unintended bias or influence,
iii. identified risk is transparent to decision makers, and
iv. proposed risk mitigations are effective.
… in maintaining, developing and regulating workforce and infrastructure standards as mentioned in subsection 11(2), does not inhibit effective competition for the defence industry sector to deliver services required by the agency in the performance of its functions.
Independence. The risk identification function must be independent so that assessment is made without bias or influence (intended or unintended). Independence also ensures that the assessor of risk has a voice (NB not a veto) that is heard at each decision-making level of the capability life cycle.
Task-specific competence. Government must ensure staff with the right skills are employed to identify and manage risk. Competence is a matrix of qualifications and experience that are directly relevant to the task at hand.
Transparency. Previous inquiries highlight that risk assessors working within Defence face various barriers (individual or organisational) that influence whether decision-makers actually consider their assessments. Given the costs and national security implications, the taxpayer deserves to know that decisions are being made on the basis of accurate understanding of risk.
Accountability. The DCAA will be underpinned by an audited and enforceable requirement that Defence engages the Agency to evaluate risk across the capability life cycle. DCAA reports are to be specifically included in briefs provided to project managers, assurance bodies, Defence Investment Committee and the National Security Committee of Cabinet.
… I'll give one quick example. AIR 9000, I think, was the Navy's helicopter project. We were buying, or we had selected, a helicopter that was used to ferry people out to oil rigs. So that was marinised, used and certified to oversee a city. The Police Force were flown around in it. On that basis, they said, 'We don't need to do preview testing on that helicopter.' I started at the project director level and then went to a one-star who was a Navy commodore and flight-test qualified, who was not interested in letting testers go and fly that before we signed the contract. The two-star also wasn't interested. The then head of the DMO, Warren King, was not interested. They feared that we would find something that would delay signing that contract and the funding would go to somebody else.
In the end we came to a compromise with Admiral Jones in a separate group. We paid the $43,000 for 10 flying hours for three staff from AMAFTU—
to go and fly that helicopter. That taught me a lot about the cultural issues. You don't always get that sort of level of serious interference, but it is about risk management. There is something wrong in the culture of Defence when people consistently want to hit milestones for fear of losing their reputation and promotion, I guess, as opposed to what we ultimately found, which was a bunch of things that the contract negotiators were able to get into the price. If you know anything about that project, it's 26 years worth of maintenance and support out of Nowra, so every little thing that you find before you go into contract and have as part of the baseline price pays huge dividends over 26 years.
The Australian government's rushed deal with the Greens to expand the water trigger creates unnecessary duplication and another barrier to unlocking new gas supply.
My dad always told me there were more petitions than the ones people knew about … In 1963, four Bark Petitions were sent from Yirrkala for Canberra. Sixty years later, the fourth petition is coming home to us.
Our industry is in a desperate race to the bottom. … This legislation will play a vital role in establishing minimum standards for all and allowing the industry to become safe, viable and sustainable.
I work 40 to 60 hours every week, and sometimes even 80 hours, to make the basic survival payments to pay my bills.
I haven't slept more than four hours in two years.
… protecting Palestinian civilians in Gaza is both a moral responsibility and a strategic imperative.
If you drive [the civilian population] into the arms of the enemy, you replace a tactical victory with a strategic defeat.
Amid constant bombardment by the Israel Defense Forces … I expect public order to completely break down soon … rendering even limited humanitarian assistance impossible.
That the Senate take note of all answers to questions without notice asked today.
Right now, under Anthony Albanese and Labor, we have an economy with high inflation, rapidly rising interest rates and skyrocketing costs of living.
You are asking a cabinet minister, three ministers of the Crown, to apologise for upholding the law of Australia, for acting in accordance with the law of Australia, for following the instructions of the High Court of Australia.
I will not be apologising for upholding the law. I will not be apologising for pursuing the rule of law and I will not be apologising for acting …
Do not interrupt … I will not be apologising for acting in accordance with a High Court decision.
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 the conflict in Gaza.
The situation is fast deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region.
I urge the members of the Security Council to press to avert a humanitarian catastrophe. I reiterate my appeal for a humanitarian ceasefire to be declared.
We are facing a severe risk of collapse of the humanitarian system.
Amid constant bombardment by the Israel Defense Forces, and without shelter or the essentials to survive, I expect public order to completely break down soon due to the desperate conditions, rendering even limited humanitarian assistance impossible.'
That leave of absence be granted to Senator O'Neill for today, for personal reasons.
That leave of absence be granted to Senator Dean Smith for today, on account of parliamentary business.
That leave of absence be granted to Senator Rice for 5 December 2023, for personal reasons.
SELECTION OF BILLS COMMITTEE
REPORT NO. 16 OF 2023
7 December 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. 16 OF 2023
1. The committee met in private session on Wednesday, 6 December 2023 at 7.08 pm
2. The committee recommends that—
(a) the provisions of the Australian Research Council Amendment (Review Response) Bill 2023 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report by 5 February 2024 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 21 February 2024 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 and the Superannuation (Better Targeted Superannuation Concessions) Imposition Bill 2023 bereferred immediately to the Economics Legislation Committee for inquiry and report by 19 April 2024 (see appendix 3 for a statement of reasons for referral); and
(d) the provisions of the Treasury Laws Amendment (Reserve Bank Reforms) Bill 2023 bereferred immediately to the Economics Legislation Committee for inquiry and report by 21 March 2024 (see appendix 4 for a statement of reasons for referral).
3. The committee recommends that the following bill not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
(Anne Urquhart)
Chair
7 December 2023
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Australian Research Council Amendment (Review Response) Bill 2023
Reasons for referral/principal issues for consideration:
To carefully investigate this legislation and hear from important stakeholders.
Possible submissions or evidence from:
A range of interested parties and stakeholders.
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
January 2024
Possible reporting date:
5 February 2024
(signed)
Wendy Askew
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill: Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
In addition to submissions from members of the public including those impacted by recent data breaches, submission might come from a range of stakeholders:
Be Slavery Free
Business Council of Australia Human Rights Law Centre Acrath
Anti Slavery Australia
Australian Human Rights Commission Walk Free
Attorney General's Department Australian Red Cross
Australian Human Rights Institute AFP
Churches and faith based organisations
Committee to which bill is to be referred: Legal and Constitutional Affairs
Possible hearing date(s): 9 February
Possible reporting date: 21 February
(signed)
Nick McKim
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
Reasons for referral/principal issues for consideration:
To carefully investigate this legislation and provide interested stakeholders the opportunity to comment on the legislation.
Possible submissions or evidence from:
A range of stakeholders and interested parties.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
January 2024
Possible reporting date:
21 February 2024
(signed)
Wendy Askew
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023
Superannuation (Better Targeted Superannuation Concessions) Imposition Bill 2023
Reasons for referral/principal issues for consideration:
To carefully investigate this legislation and provide interested stakeholders the opportunity to comment on the legislation.
Possible submissions or evidence from:
A range of stakeholders and interested parties including from the banking and financial services sectors.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
January to March 2024
Possible reporting date:
19 April 2024
(signed)
Wendy Askew
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill: Treasury Laws Amendment (Reserve Bank Reforms) Bill 2023
Reasons for referra1/principal issues for consideration:
To examine the Bill in more detail and hear from stakeholders
Possible submissions or evidence from:
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
9 February 2024
Possible reporting date:
19 April 2024
(signed)
Nick McKim
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill: Treasury Laws Amendment (Reserve Bank Reforms) Bill 2023
Reasons for referra1/principal issues for consideration:
To examine the Bill in more detail and hear from stakeholders
Possible submissions or evidence from:
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Possible reporting date:
(signed)
Nick McKim
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Reserve Bank Reforms) Bill 2023
Reasons for referral/principal issues for consideration:
To carefully investigate this legislation and ensure the legislation has appropriate time for thorough scrutiny.
Possible submissions or evidence from:
A range of stakeholders from the banking, financial services and other interested parties.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
January—March 2024
Possible reporting date:
21 March 2024
(signed)
Wendy Askew
That the report be adopted.
That the following matter be referred to the Education and Employment References Committee for inquiry and report by 2 July 2024:
The issue of stagnant and declining academic standards in Australian schools, with specific reference to:
(a) students' proficiency in literacy and numeracy, as tested through the National Assessment Program—Literacy and Numeracy test and other authoritative tests, such as the Program for International Student Assessment;
(b) how countries with high or markedly improving academic standards are achieving these results, the extent to which the experience of these countries can inform Australian schools, and how funding for students in Australia and other countries correlates with student performance and academic standards;
(c) evidence-based teaching practices and pedagogy (proven teaching methods), the extent to which proven teaching methods have been adopted in Australian schools, and how this has impacted on academic standards, particularly foundational skills in literacy and numeracy;
(d) the training, resources, funding and assistance available to teachers, including continuing professional development, to support the delivery of proven teaching methods;
(e) the effectiveness of current diagnostic tests and screening for skills in literacy and numeracy, including phonics and foundational maths, including the screening of students at school-entry;
(f) how relevant Australian state, territory and federal departments and agencies are working to address this growing challenge;
(g) the experience of principals, teachers and parents in meeting the challenge of raising academic standards in Australian schools particularly for socio-economically disadvantaged students and students in regional, rural and remote Australia;
(h) improvements that could be made to the Australian Curriculum to raise academic standards in Australian schools;
(i) the economic cost of stagnant and declining academic standards in Australian schools; and
(j) any other related matters.
The Senate divided. [15:48]
(The President—Senator Lines)
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 December 2024:
Right wing extremist movements in Australia, with particular reference to:
(a) the nature and extent of movements and persons holding extremist right wing views in Australia, with a particular focus on:
(i) the threat posed by extremist movements, including right wing extremism,
(ii) the motivations, objectives and capacity for violence of extremist groups and individuals holding such views,
(iii) links between individuals and groups with international movements,
(iv) how individuals progress to committing acts of violence, and
(v) the role of the online environment in promoting extremism;
(b) the terms and operation of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023;
(c) measures to counter violent extremism in Australia, with particular focus on young people; and
(d) any other related matters.
Omit "Right wing extremist movements in Australia", substitute "Ideologically motivated and religiously motived violent extremism".
Paragraph (a), omit "extremist right wing views", substitute "violently extremist views".
Omit paragraph (a)(i), substitute:
(i) the threat posed by ideologically motivated violent extremism and religiously motivated violent extremism,
That so much of the standing orders be suspended as would prevent me making a statement.
The Senate divided. [15:58]
(The President—Senator Lines)
The Senate divided. [16:02]
(The President—Senator Lines)
That the Parliamentary Joint Committee on Intelligence and Security, in undertaking any inquiry into the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023, also consider any amendments to the bill which have been circulated in the Senate.
The Senate divided. [16:06]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Minister for Defence Industry, by 6 February 2024, all documents and correspondence sent or received by the Department of Defence or the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to or from the University of Tasmania and the Tasmanian Government, between 1 March 2017 and 6 December 2023, pertaining to the following Launceston City Deal projects:
(a) the Defence and maritime innovation and design precinct project;
(b) the new Department of Defence cadet facility in Launceston's northern suburbs;
(c) the upgrade of facilities for the Australian Defence Force Reserves, including projected and actual expenses for the acquisition of land, reasons for project delays, and current project progress; and
(d) divestment of the Paterson Barracks, including plans for public access to the site.
That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on 6 February 2024:
(a) all documents and correspondence relating to the location of the Federal Circuit and Family Court of Australia (FCFCOA) in Burnie, Tasmania generated from 1 January 2021 to 6 December 2023 between the following:
(i) the Commonwealth Attorney-General and the Tasmanian Attorney-General,
(ii) the Commonwealth Attorney-General's Department and the Tasmanian Attorney-General's Department,
(iii) the Commonwealth Attorney-General's Department and the FCFCOA,
and any related documents held within the office of the Commonwealth Attorney-General, the Commonwealth Attorney-General's Department and the FCFCOA;
(b) all documents and correspondence relating to the proposed Burnie Court Complex generated from 1 August 2020 to 6 December 2023 between the following:
(i) the Commonwealth Attorney-General and the Tasmanian Attorney-General,
(ii) the Commonwealth Attorney-General's Department and the Tasmanian Attorney-General's Department, and
(iii) the Commonwealth Attorney-General's Department and the FCFCOA,
and any related documents held within the office of the Commonwealth Attorney-General, the Commonwealth Attorney-General's Department and the FCFCOA; and
(c) all documents or correspondence relating to payments to the Burnie Arts and Function Centre while hosting the FCFCOA in Burnie, Tasmania generated from 1 September 2021 to 30 June 2023 held within the Commonwealth Attorney-General's Department; and
(d) all documents or correspondence relating to the Launceston Family Court building generated from 1 January 2019 to the official opening of the new court facilities on 3 April 2023 held within the Commonwealth Attorney-General's Department.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on 6 February 2024, all documents or correspondence relating to payments to the Burnie Arts and Function Centre while hosting the Federal Circuit and Family Court of Australia in Burnie, Tasmania generated from 1 September 2021 to 30 June 2023 held within the Department of the Treasury.
That so much of the standing orders be suspended as would prevent me making a statement.
That the Senate records its sorrow at the death, on 15 November 2023, of the Honourable Gerard (Gerry) Leslie Hand, former Minister for Aboriginal Affairs, Minister for Immigration, Local Government and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs, and former member for Melbourne, places on record its gratitude for his service to the Parliament and the nation and tenders its sympathy to his family in their bereavement.
Nobody who has spent more than a few minutes with Hand doubts the sincerity of what he is up to—working through the party to improve the lot of the poor and disadvantaged.
Nobody who has spent more than a few minutes with Hand doubts the sincerity of what he is up to—working through the party to improve the lot of the poor and disadvantaged.
It is a great privilege to come here and to try to help people. You only get one shot at it. I have had my shot. I am very proud to have been here.
Rural and Regional Affairs and Transport Legislation Committee—
Budget estimates 2022-23 (Supplementary)—Hansard record of proceedings, documents presented to the committee and additional information.
Budget estimates 2023-24—Additional information received—
Agriculture, Fisheries and Forestry portfolio.
Infrastructure, Transport, Regional Development, Communications and the Arts (excluding Communications and the Arts) portfolio.
Environment Protection and Biodiversity Conservation Amendment (Save the Koala) Bill 2021
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
There's inequality and unfairness in our current rental system, and it favours our landlords. The system is failing us. Asking for the leaky gas stove to be repaired or for the hole in the back deck to be repaired so we don't step through it in the dark is a risk. Asking not to have to set rat traps under your bed at night so that you can sleep is not good enough. But it's okay because the rent's cheap. Every conversation with my landlord is a mental calculation about how much this is going to cost me. I've just waited two weeks for a new washing machine. There are eight people in our flats using one washing machine. I looked on Google, and $600 is all that costs, but that's a mental calculation in my mind: where's the next rent increase coming from? The list goes on with the repairs, and I wish that the rat trap under the bed was a joke. But it's not.
That the Senate take note of the report.
… it's important to recognise that our position in the top 10 is largely due to the performance of other countries dropping below ours …
Australian Government response to the Senate Environment and Communications References Committee report:
Shark mitigation and deterrent measures
November 2023
Introduction
The Australian Government welcomes the opportunity to respond to the 2017 Senate Environment and Communications References Committee Report: Shark mitigation and deterrent measures . The Australian Government thanks the Committee and those individuals and organisations which have contributed to the Inquiry.
Public safety is of paramount importance. It is the responsibility of state and territory governments to focus on public safety in their waters and managing the risks to humans from sharks. The Australian Government supports the states and territories through funding shark behavioural science and other research to implement measures that reduce risk of interactions between sharks and humans and minimise impacts to sharks and other marine life.
State and territory governments have initiated considerable investment in emerging technologies, integrated strategies, and public information campaigns to reduce the risk of interactions between humans and sharks and to minimise impacts on protected species. Both the Queensland and New South Wales governments have released updated Shark Management Plans, in 2021 and 2022 respectively, which seek to further research into improved shark mitigation measures and to undertake community education.
The Australian Government is concerned about human lives lost to shark attack and is also actively engaged in shark conservation and continues to be committed to the protection of threatened and migratory species listed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and international agreements, such as the Convention on the Conservation of Migratory Species of Wild Animals.
The Australian Government recognises that state and territory governments remain committed to addressing issues of public safety and conservation of protected species. State and territory governments need to consider whether shark mitigation activities may have a significant impact on matters protected under national environmental law, and to refer activities to the Australian Government accordingly.
Response to the recommendations
Recommendation 1
The committee recommends that the New South Wales and Queensland Governments:
immediately replace lethal drum lines with SMART drumlines
phase out shark meshing programs and increase funding and support for the development and implementation of a wide range of non-lethal shark mitigation and deterrent measures.
The committee further recommends that the Australian Government pursue this recommendation at a future Meeting of Environment Ministers.
Response: Noted
State and territory governments are primarily responsible for the implementation of customised shark control programs. A number of Australian Government agencies including the Department of Climate Change, Energy, the Environment and Water, and the Department of Agriculture, Fisheries and Forestry, work with state and territory governments in undertaking research and delivering programs.
The New South Wales Government has committed $85.6 million to the 2022-2026 Shark Management Strategy which aims to continue to deploy SMART (Shark Management Alert in Real Time) drumlines, while continuing to fund drone surveillance programs and research into shark and human behaviour, including increasing community education programs.
The Queensland Government introduced a four-year Shark Management Plan in 2021, which includes ongoing research and trialling of new shark mitigation technologies and has committed to implement a new shark management plan after 2025. $5 million was provided to the Queensland Government to assist a transition to a non-lethal shark management program, and trial SMART drumlines within the Great Barrier Reef Marine Park.
The committee recommends that, while state government lethal shark control programs remain in place, management arrangements for these programs should include more effective and transparent catch monitoring with the objective of improving understanding of the efficacy of lethal measures for public safety and the effects of the measures on the populations of marine species.
Response: Noted
State and territory governments are responsible for managing the risks to humans from sharks, including implementing, managing and monitoring shark mitigation and deterrent measures.
The committee recommends that the Australian Government:
establish a publicly accessible national database of target and non-target species interactions with shark control measures
require the Department of the Environment and Energy to use this information to prepare and publish an annual assessment of the impacts of lethal shark control measures on target and non-target marine species.
Response: Not agreed
State and territory governments are best placed to report on their shark control measures. New South Wales and Queensland governments collect and maintain public records of target and non-target species interactions with shark control measures in their jurisdictions, which are available on their websites.
The New South Wales Government publishes results from their SMART drumline trials and reports annually on their Shark Meshing Program. The Western Australian Government completed a two-year SMART drumline trial in February 2021, with the catch data publicly available on the Western Australia SharkSmart webpage. The Queensland Government publishes all catch data on the QFish webpage. The Queensland Department of Agriculture and Fisheries is also required to report all data of animals captured on shark control equipment within the Great Barrier Reef, and their fate, to the Great Barrier Reef Marine Park Authority (GBRMPA) in September each year.
The Australian Government uses information supplied by the states and territories and other relevant bodies to generate national reporting, for example, to fulfil international obligations under the Convention on the Conservation of Migratory Species in the Wild. The
Australian Government also receives quarterly reports on threatened species interactions from the states, which includes the nature and quantity of interactions with EPBC Act listed shark species.
The committee recommends that state governments review and regularly audit the quality of the data collected on target and non-target species interactions with shark control measures.
Response: Noted
This recommendation is for state and territory governments.
The committee recommends that the Australian Government establish a review into the effectiveness of shark research and, following the review, commit to providing funding on a long-term basis for research areas that are considered likely to significantly contribute to improved knowledge about effective shark mitigation and deterrent measures.
Response: Noted
The Australian Government acknowledges that the safety of human life is of paramount importance and recognises that the states and territory governments have a responsibility to implement policies to protect the health and safety of people using their beaches and coastal waters. States and territories are already implementing a broad suite of measures to reduce the likelihood and occurrence of human-shark interactions. State and territory Governments invest in this area, with recent record investment for shark mitigation programs, including $85.6 million for the New South Wales Shark Management Program from 2022 to 2026.
State and territory Governments currently implement research programs to understand the efficacy of non-lethal mitigation measures. Measures include non-invasive surveillance, increasing community engagement and funding surf lifesaving programs. The Australian Government acknowledges that over the past 10 years, there has been a noticeable shift away from relying solely on shark nets to using new technology such as Shark Management Alert in Real Time (SMART) drumlines and drones to detect, and safely move target shark species away from people.
States undertake trials to determine the efficacy of mitigation measures, with research showing certain mitigation measures may be highly effective in one state and not suitable in another. For example, the trial of SMART drumlines widely used and effective in New South Wales, was found not suitable for Western Australian conditions. States and territories tend to apply different strategies to suit their needs, based on the different environments.
Relevantly to this recommendation, in 2016, research under the National Environmental Science Program (NESP) found that states and territories were adequately funding and implementing shark mitigation research programs, and no further Australian Government funding was required at that time.
The committee recommends that the Australian Government review the funding provided to CSIRO to enable CSIRO to:
undertake ongoing data collection and monitoring to support the determination of white shark population trends
develop a predictive model of shark abundance and location
undertake a social survey to determine how the behaviour of water users has changed in response to the recent human-shark interactions.
The committee further recommends that the Australian Government seek advice from CSIRO as to whether research can be undertaken to address anecdotal evidence presented to the committee on the potential risk that certain ocean-based activities, such as the use of teaser baits in cage diving, crayfish pots and trophy hunting, might increase the risk of human-shark interactions. The Australian Government should review the funding provided for marine science research to enable CSIRO (or another research institution) to conduct the research CSIRO advises could be undertaken.
Response: Noted
The National Environmental Science Program (NESP) Marine and Coastal Hub (the Hub) is a partnership between the Australian Government and Australia's premier research organisations, including CSIRO (Commonwealth Scientific and Industrial Research Organisation). The Hub considers the scientific merit and priority of proposed research activities to help inform any funding decisions by governments, and research agencies on future shark research.
The NESP has funded projects including identifying juvenile white shark habitat, completing a white shark population assessment, research into human-shark interactions, and delivering the Action Plan for Australian Sharks and Rays (the Action Plan). The Action Plan was released in September 2021 and assessed requirements for improved management of all Australian shark and ray species. It included a summary of current population status, guidelines for reducing impacts and improving management, and identification of key knowledge gaps impeding conservation and management. The final report is available at: nespmarine.edu.au/project/project-a11-shark-action-plan.
A list of the approved NESP projects is available at: nespmarine.edu.au/projects-page
Specific research recommended by the Committee would be best addressed by the Hub through their processes.
The committee recommends that the Australian Government initiate discussions with state and Northern Territory Governments regarding the clinical information collected about shark bite incidents to enable subsequent expert analysis of shark behaviour.
Response: Not agreed
State and territory governments have established procedures for incident response and investigation. Information about shark interactions is documented in the Australian Shark- Incident Database (ASID), managed by the Taronga Conservation Society Australia. The ASID is available to inform governments and the public, and shares data with the International Shark Attack File, with an express aim of providing source material for research.
The committee recommends that the Australian Government match funding provided by state governments in support of the development of new and emerging shark mitigation and deterrent measures.
The committee recommends that the Australian Government develop a process to ensure products marketed as personal shark deterrent devices are independently verified as being fit-for-purpose.
The committee recommends that the Minister for the Environment and Energy and relevant state governments work with key stakeholder groups, such as national surfing organisations, to encourage water users to take all reasonable steps to reduce the probability of being involved in a shark bite incident, including by endorsing the use of independently verified personal deterrent devices.
Response: Noted
It is the responsibility of state and territory governments to manage the risk to humans from sharks and engage with stakeholder groups, including research bodies and surf lifesaving organisations to implement research, development, and testing of shark mitigation and deterrent measures.
In 2022, the NESP Marine and Coastal Hub's research priorities include targeted biodiversity and taxonomy products, including protecting listed migratory species and reducing impacts of human interactions with marine systems, the NESP is due for completion in 2027.
Product safety for personal shark deterrent devices is regulated under the Australian Consumer Law. It is the responsibility of the supplier to ensure that the products they supply meet claims made about them. The Australian Competition & Consumer Commission has a role in identifying current and emerging risks to consumers. The Commission regularly reviews its priorities for compliance and enforcement.
The committee recommends that the Western Australian Government's trial rebate program for independently verified personal deterrent devices be made ongoing in Western Australia and adopted by other relevant state governments.
The committee further recommends that relevant state governments consider developing programs for subsidising independently verified personal deterrent devices for occasional surfers at beaches associated with the risk of dangerous shark encounters.
Response: Noted
This recommendation is for state and territory governments.
The committee recommends that the Australian Government hold a National Shark Summit of shark experts.
The committee recommends that the Australian Government establish a National Shark Stakeholder Working Group comprising key stakeholders in shark management policies. The principal function of the Working Group would be to further the objective of ending lethal shark control programs by developing strategies and facilitating information sharing about the effective use of non-lethal measures.
The committee recommends that the National Shark Stakeholder Working Group review the adequacy of information available to beachgoers regarding the risk presented by sharks, such as signage at beaches and how real-time information provided through shark alert applications can be made available at beaches.
Response: Noted
The Department of Agriculture, Fisheries and Forestry provides secretarial support to the Shark-Plan Representative Group (SRG), tasked with monitoring and reporting on the implementation of the Operational Strategy for Australia's National Plan of Action for the Conservation and Management of Sharks 2012 (the Shark Plan). The Shark Plan details specific actions jurisdictions will implement, progress, and report on, over the life of the Shark Plan. During annual meetings, progress towards meeting Australia's international commitments through specific actions is reported on by each jurisdiction.
Where changes to bather protection policies and actions impact on the conservation and management of sharks, these changes are reported to the SRG for consideration and review. These reports are publicly available on the website of the Department of Agriculture, Fisheries and Forestry.
The SRG includes representatives from state, Northern Territory and Commonwealth government fisheries agencies, commercial and recreational fishing sectors, environmental non-government organisations, a First Nations representative, and independent scientists. Australian Government agencies include the Australian Fisheries Management Authority, the Department of Agriculture, Fisheries and Forestry, the Department of Climate Change, Energy, the Environment and Water, the Great Barrier Reef Marine Park Authority and the Fisheries Research and Development Corporation.
Bather protection programs are the responsibility of state, territory and relevant local governments.
The committee recommends that the Australian Government, working with relevant state governments, develop a program to provide grants for specialised trauma kits at venues near beaches associated with the risk of human-shark encounters.
Response: Noted
State and territory governments are responsible for managing the risks to humans from sharks.
The committee recommends that relevant state governments review the water safety education programs and education about sharks generally that is provided in schools (particularly schools in coastal areas), with a view to enhancing the education provided on reducing the risk of shark interactions and improving knowledge about shark behaviour and the ecological value of sharks.
As part of these reviews, the committee recommends that state governments consider the role that relevant community and scientific organisations with expertise in human-shark encounters could have in supporting the delivery of such programs.
Response: Noted
This is a recommendation for state and territory governments.
The committee recommends that the National Shark Stakeholder Working Group review the various social media accounts and apps that distribute real-time information about shark sightings and warnings about the risk of shark activity to consider whether an integrated national database and app should be established.
Response: Noted
See responses to Recommendations 12, 13, and 14.
The committee recommends that the New South Wales Department of Primary Industries improve its consultation and communication with animal rescue groups regarding marine wildlife caught in or injured by lethal shark control measures.
Response: Noted
This is a recommendation for the New South Wales Government.
In light of the repeated use of section 158 exemptions for lethal shark control programs, the committee recommends that the next independent review of the Environment Protection and Biodiversity Conservation Act 1999 carefully consider whether section 158 is operating as intended.
In particular, the committee recommends that the independent review consider:
whether the matters the Minister may consider in determining the national interest should be limited
whether section 158 should be amended to prohibit the repeated granting of exemptions for the same controlled action or any other controlled action of a similar nature.
Response: Noted
The most recent independent statutory review of the EPBC Act, completed in 2020, did not consider the application of section 158 of the EPBC Act. The next review is due by 2030.
The committee recommends that the Minister for the Environment and Energy refrain from granting exemptions under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 for matters relating to shark control programs until after the operation of section 158 has been reviewed in accordance with Recommendation 19.
Response: Not agreed
The EPBC Act makes provisions for any person proposing to take an action that may trigger the EPBC Act to apply for a 'national interest' exemption under section 158 of the EPBC Act. There are no limitations on the number of times a person may apply for an exemption.
Under section 158 of the EPBC Act, the Australian Government Minister for the Environment and Water may exempt a person proposing to take an action from the requirement to conduct an environmental assessment and/or obtain approval in relation to the action to which the exemption relates if the Minister is satisfied that it is in the national interest to do so. In determining the national interest, the Minister may consider Australia's defence or security or a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates.
The Minister for the Environment and Water must consider any applications submitted to her in accordance with the EPBC Act.
That the Senate take note of the document.
Australian Government response to the Senate Legal and Constitutional Affairs References Committee report:
Practice of dowry and the incidence of dowry abuse in Australia
October 2023
Introduction
The Australian Government is grateful to the Senate Legal and Constitutional Affairs References Committee for their inquiry into the practice of dowry and the incidence of dowry abuse in Australia. The Government is committed to acting to prevent family and domestic violence and abuse, and to improve the legal protections and assistance available to those affected by violence and abuse in the family law, criminal justice, and immigration systems.
The Government thanks the committee for identifying several areas where improvements to the family law, criminal justice and immigration systems would help to ensure that people experiencing dowry abuse are supported and protected, and perpetrators held accountable. The report identifies 12 recommendations to address these key issues.
The Government has carefully considered these recommendations and agrees to five recommendations, agrees to two recommendations in part, and agrees to five recommendations in principle.
The Government's response to the committee's report reflects the importance of a coordinated and considered approach to meeting the complex needs of families experiencing violence, including dowry abuse. The response also addresses ways in which existing Government initiatives and work agendas could be enhanced by considering and incorporating the committee's recommendations.
The Government notes that some of the committee's recommendations have been considered alongside the Government's ongoing response to the Australian Law Reform Commission's (ALRC) recommendations in the Family Law for the Future — An Inquiry into the Family Law System Final Report (ALRC Report 135) . The committee's report will also be considered by the Government in progressing its ongoing response to the recommendations of earlier inquiries.
The Government response is complemented with its $589.3 million investment as part of the 2023-24 Budget in measures to drive change under the National Plan to End Violence against Women and Children 2022-2032 (National Plan) which provides a renewed national approach to addressing and preventing family, domestic and sexual violence, with an enhanced focus on the intersectional impacts of violence and diverse lived experiences of victim-survivors. This builds on the Government's record investment of $1.7 billion in the 2022-23 Budget in measures supporting the National Plan.
Response to the recommendations
Recommendation 1
The committee recommends that the term 'economic abuse' is included as a form of family violence in subsection 4AB(2) of the Family Law Act 1975, and the subsection provide a non-exhaustive list of examples of economic abuse, including dowry abuse
Response: Agreed in principle
The Government has committed to progressing a national definition of family and domestic violence that includes coercive control. Consideration of a national definition would likely include consideration of whether dowry abuse should be included. Consideration of a national definition would likely include consideration of the definition in section 4AB of the Family Law Act 1975 (FLA) and if developed, influence future amendments to this definition.
The Government notes that the definition of family violence in section 4AB of the FLA is broad and currently covers family violence that may be related to economic and financial abuse, including dowry abuse.
The National Domestic and Family Violence Bench Book which is co-funded by the Commonwealth, and the States and Territories includes dowry related abuse as an example of economic abuse and as an example of cultural and spiritual abuse in the chapter 'Understanding domestic and family violence'.
Recommendation 2
The committee recommends that the Australian Government work with the States and Territories to harmonise existing legislation providing for intervention/violence orders to explicitly recognise dowry abuse as an example of family violence or economic abuse.
Response: Agreed in principle
The Government agrees to this recommendation in principle. In the 2022-23 Budget, the former government provided funding of $0.8 million over four years to conduct a review of Domestic and Family Violence Order frameworks, including:
penalties for breaches
relevant definitions, and
the scope of the National Domestic Violence Order Scheme (NDVOS)
Recommendation 3
The committee recommends that the Australian Government give further consideration to legal and decision making frameworks to ensure that victims of dowry abuse are not disadvantaged in family law property settlements, given the community concerns about inconsistent approaches under the current family law framework.
Response: Agreed
This recommendation is being considered alongside Recommendation 23 of the Joint Select Committee on Australia's Family Law System Second Interim Report and recommendations of ALRC Report 135 that proposed legislative amendments to improve and strengthen the family law system in relation to family law property settlements.
Recommendation 4
The committee recommends that the Australian Government:
give further consideration to the recommendation of the Victorian Royal Commission into Family Violence to broaden the definition of family violence in the Migration Regulations 1994 ; and
ensure that those who are forced to marry their partner or experience family violence from their partner and/or their partner's family members are protected through the family violence provisions in the Migration Regulations 1994 , such that the regulatory framework is consistent with the policy intention to protect victims of domestic or family violence within the migration context.
Response: Agreed in principle
The Government agrees to this recommendation in principle. The definition of family violence in the Migration Regulations 1994 (the Migration Regulations) is broad and takes into consideration other federal legislation, including the FLA, as well as the laws of States and Territories. It includes conduct towards an alleged victim, a member of their or the perpetrator's family, or towards property, actual or threatened, that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. This definition includes non-physical forms of abuse such as psychological and financial abuse, and would capture a range of dowry-related abuse.
The Family Violence Provisions in migration legislation allow certain visa applicants to be granted a permanent visa if their relationship has broken down and they have suffered domestic and family violence perpetrated by the sponsoring partner or primary applicant. In 2022, the Department of Home Affairs' Procedural Instructions were updated to clarify that when determining whether an act of family violence has been committed by the applicant's sponsoring partner, consideration should be given not only to conduct directly committed by the sponsoring partner, but also whether the sponsoring partner has engaged in any act (or omission) which could reasonably be regarded as relevant family violence perpetrated by the sponsoring partner (via a third party).
The Government has reaffirmed its commitment to combat forced marriage in the National Action Plan to Combat Modern Slavery 2020-2025 . Under this National Action Plan the Government will implement a range of initiatives that will strengthen responses to forced marriage, guided by five National Strategic Priorities: prevent; disrupt, investigate and prosecute; support and protect; partner; and research. This includes a commitment to develop a model for enhanced civil protection and remedies for individuals in or at risk of forced marriage. The Government has also committed to undertake a targeted review of Australia's visa framework, including to identify and reduce vulnerabilities to modern slavery. The Government also provides support for non-citizen victims of human trafficking, slavery and slavery-like practices, under the Human Trafficking Visa Framework (HTVF).
Recommendation 5
The committee recommends that the Australian Government act to address the injustice whereby family violence protection is not available to victims on many temporary visas and consider:
extending the family violence provisions in the Migration Regulations 1994 beyond temporary Partner visa holders, Prospective Marriage visa holders who have married their sponsor and dependent applicants for a Distinguished Talent visa, to apply to other family visa subclasses; and
the creation of a temporary visa—for example a 'Woman at Risk in Australia' visa—to be available for non-family temporary visa holders who have suffered serious and proven family violence including dowry abuse.
Response: Agreed in part
The Government agrees to this recommendation. It has allocated $10 million in the 2023-24 Budget to expand the family violence provisions in the Migration Regulations to more visa subclasses and extend the funding for the Department of Home Affairs' specialised visa support service for temporary visa holders experiencing domestic and family violence. The family violence provisions will be expanded to secondary applicants for most permanent visa subclasses in addition to the inclusion of additional cohorts of prospective marriage visa holders and partner visa applicants.
Where the Family Violence Provisions do not apply, for example if a temporary visa holder does not have an application for a permanent visa, the Department's policy is not to cancel a person's temporary visa solely because their relationship with the primary applicant broke down due to family and domestic violence, noting that a visa can be cancelled on other grounds.
The specialised visa support service within the Department of Home Affairs provides a centralised point of contact for domestic and family violence victim support services. It also assists temporary visa holders who are family and domestic violence victim-survivors to regularise their visa status under the migration law framework, including through provision of tailored case management support.
The Department of Home Affairs is continuing to consider other measures to further improve the supports available to temporary visa holders who experience family and domestic violence, including the option of creating a new visa.
Recommendation 6
The committee recommends that the Australian Government ensure decision makers consider the nature of alleged family violence when making an assessment on whether the relationship was genuine prior to it ending.
Response: Agreed in principle
The Government agrees to this recommendation in principle. Decision makers in the Department of Home Affairs are aware of the requirement to consider all aspects of the relationship and determine whether the claimed family violence may prevent an applicant from providing adequate evidence of the genuineness of the relationship. Additional resources are being prepared to provide further guidance to decision makers assessing the genuineness of a relationship in the context of family violence.
Recommendation 7
The committee recommends that the Australian Government consider innovative use of the sponsorship mechanism and the new family sponsorship framework to prevent previous perpetrators from sponsoring multiple spouses, and by requiring sponsors to provide disclosures and give undertakings in relation to their circumstances and to dowry.
The committee also recommends that the Australian Government look explicitly at ensuring that the work of the Department of Home Affairs is included in National Family Violence Prevention Strategies, not just from the point of view of access to visas, but also visa processing and assessment.
Response: Agreed in part
The Government agrees to this recommendation in part. The current Migration Regulations 1994 provide:
Limitations on repeat sponsorships for Partner and Prospective Marriage visas, whether family violence has occurred or not
The ability for the Department to disclose a sponsoring partner's convictions for certain offences, including family violence related offences, to the visa applicant
The ability for the Department to refuse a sponsorship application if the sponsor has a significant criminal record for certain offences, including family violence related offences.
The family sponsorship framework, set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 was applied to the Sponsored Parent (Temporary) visa in April 2019. In 2021, the Department of Home Affairs held public consultations on applying the new family sponsorship framework to Partner visas. During this process, many stakeholders raised concerns that the application of some aspects of the framework to the Partner program could increase the vulnerability of victim-survivors of family and domestic violence. The Government continues to review the appropriateness of existing visa settings and consider measures to further support domestic and family violence victim-survivors.
The Government agrees that the Department of Home Affairs should be included in National Family Violence Prevention Strategies. The Department of Home Affairs has actively engaged with the development of the National Plan. Measures brought forward as part of the First Action Plan to implement the National Plan include the decisions to expand the family violence provisions and extend funding for the Department of Home Affairs' specialised visa support service for temporary visa holders experiencing family and domestic violence.
Recommendation 8
The committee recommends that the Australian Government, together with State and Territory governments, work with culturally and linguistically diverse communities and service providers in order to determine ways in which to establish a firm evidence base on the incidence of dowry abuse.
Response: Agreed
The Government agrees to this recommendation. The Government will engage with the States and Territories as per Recommendation 9, to investigate opportunities for further methods of data collection and research. The Government has prioritised the importance of strengthening the evidence base through better data, reporting and evaluation, as well as the lived experiences of diverse groups, to improve our understanding of how to address and prevent family and domestic violence, through the release of the National Plan.
Recommendation 9
The committee recommends that the Australian Government work with the States and Territories to improve and strengthen the governance of data collection practices and standards by implementing a system to capture and measure the extent and incidence of all forms of family violence in Australia, including dowry abuse as a form of economic abuse.
Response: Agreed
The Government agrees to this recommendation. As noted in Recommendation 8, the Government will engage with State and Territory Governments to explore further methods of data collection and research to strengthen our understanding of family, domestic and sexual violence as part of the National Plan's implementation.
Recommendation 10
The committee recommends the Department of Social Services Family Safety Pack is provided individually to all visa applicants in their first language, such as during the health examination required as a condition of their visa application.
Response: Agreed in principle
The Government agrees to this recommendation in principle. The Family Safety Pack has been developed for both men and women coming to Australia and includes information on Australia's laws regarding family and domestic violence, sexual assault and forced marriage, and a women's right to be safe. The fact sheets in the Family Safety Pack have been translated into 46 languages and were last updated on 20 February 2019.
The Government provides access to the Family Safety Pack and other family violence resources through several mechanisms, including on the Department of Home Affairs' website and in visa grant letters.
Recommendation 11
The committee recommends that the Australian, State and Territory governments engage with stakeholders in order to develop ongoing education and awareness raising campaigns about family violence, including dowry abuse, in conjunction with the development of further training of frontline professionals including social workers, police, doctors, judges and decision makers in the Department of Home Affairs.
Response: Agreed
The Government agrees to this recommendation. The National Plan:
has a focus on raising awareness and training for frontline workers,
includes an objective to ensure frontline services provided by States and Territories are coordinated, integrated and appropriately resourced, and includes actions to encourage awareness raising activities and campaigns.
The National Plan is also supported by funding in the 2022-23 Budget relevant to Recommendation 11 including:
$39.7 million for Lifeline Australia to continue developing DV alert accredited training.
Up to $12.6 million in education and training on family, domestic and sexual violence for community frontline workers, health professionals and the justice sector.
500 frontline service and community workers to support women and children experiencing family, domestic and sexual violence, including with targeted support to the culturally and linguistically diverse community.
$48.7 million to expand the Family and Domestic Violence Primary Health Network Pilot.
The Government also provides education about family violence and dowry abuse to humanitarian entrants settling in Australia through the Australian Cultural Orientation (AUSCO) program and the Humanitarian Settlement Program (HSP).
Other initiatives supported by Government include:
additional phases of the Stop it at the Start
campaign,
a campaign to promote the importance of consensual and respectful relationships, and continuation of the Social Policy Group (previously Migration Council) grant to develop a national framework for the prevention of dowry abuse.
The Government is also reviewing divisions 270 and 271 of the Criminal Code Act 1995 (Cth) which criminalise forced marriage.
Recommendation 12
The committee recommends that the Australian Government include dowry abuse as a possible indicator of exploitation for the purposes of divisions 270 and 271 of the Criminal Code Act 1995 and ensure that this is included in any training programs.
Response: Agreed
To ensure ongoing investigative skills and capacity are maintained in the investigation of human trafficking, slavery and slavery-like practices (such as forced marriage), the Australian Federal Police (AFP) conducts regular specialised training called the Human Trafficking Investigations Course. Dowry abuse is included in the AFP's list of indicators of human trafficking, slavery and slavery-like practices, which is used during the Human Trafficking Investigations Course and is publicly available on the AFP's website. The AFP will continue to ensure that dowry abuse is identified as an indicator as part of the course.
That the Senate take note of the report.
While I still believe … in the original OAIC concept, I accept that it may be time to rethink …
At any rate, it seems hard any more to justify a three commissioner model for the OAIC, particularly when that office does not herald its separate information policy function.
Mr Hardiman told the committee that several staff members within the FOI branch displayed 'symptoms of unhealthy work stress and traumatisation'.
The OAIC results saw a 5pp increase in the number of employees reporting they strongly agree or agree with feeling burned out by their work.
That the Senate take note of the report.
That the Senate calls on the Government to expand the remit of the Aboriginal and Torres Strait Islander Social Justice Commissioner to include the monitoring and reviewing of the implementation of the recommendations of the 1992 Royal Commission into Aboriginal Deaths in Custody in all jurisdictions.
This stone stands witness to the courage of the Aboriginal peoples in their fight for human rights in Australia.
… … …
In memory of all Aboriginal people who have died in custody … Their families and communities had the courage to speak out for justice.
This led to the establishment of the Royal Commission into Aboriginal Deaths in Custody.
The commissioners investigated the deaths of 99 Aboriginal people and reported in May 1991, making 339 recommendations to right the wrongs which led to their deaths.
This memorial signifies a commitment by the people of Western Australia to ensure the effective implementation of the recommendations for the benefit of all.
Given that many of the recommendations focus on issues which relate to the exercise and enjoyment of human rights by Aboriginal and Torres Strait Islander peoples, there is an obvious and most important relationship between the work of my Commission and the implementation of the Royal Commission's recommendations.
It would be wasteful and inappropriate for my Commission to attempt to duplicate the work of the Aboriginal and Torres Strait Islander Commission's unit.
For Aboriginal people, every death, every injury, every grieving mother, is remembered. They are not just numbers. We remember and we watch and we protest in the face of this national silence.
There is nothing shocking about racist violence perpetrated by police, … it is normalised. It is seen as legitimate violence … that was not only used to steal the country and assert white dominance, but also maintain it through the oppression of Aboriginal people.
That senators be discharged from and appointed to committees as follows:
Finance and Public Administration References Committee —
Appointed—
Substitute members—
Senator Waters to replace Senator Barbara Pocock for the committee's inquiry into access to Australian Parliament House by lobbyists
Senator Shoebridge to replace Senator Barbara Pocock for the committee's inquiry into sovereign capability in the Australian tech sector
Participating member: Senator Barbara Pocock
Legal and Constitutional Affairs References Committee —
Appointed—
Substitute member: Senator Faruqi to replace Senator Shoebridge for the committee's inquiry into right wing extremist movements
Participating member: Senator Shoebridge
Supermarket Prices — Select Committee —
Appointed—
Senators Cadell, Grogan, McKim, Dean Smith, Sterle and Tyrrell
Participating members: Senators Allman-Payne, Antic, Askew, Bilyk, Birmingham, Bragg, Brockman, Canavan, Cash, Chandler, Ciccone, Colbeck, Cox, Davey, Dodson, Duniam, Faruqi, Fawcett, Green, Hanson-Young, Henderson, Hughes, Hume, Kovacic, Liddle, McDonald, McGrath, McKenzie, McLachlan, Nampijinpa Price, O'Neill, O'Sullivan, Paterson, Payman, Barbara Pocock, Polley, Pratt, Rennick, Reynolds, Rice, Ruston, Scarr, Sharma, Sheldon, Shoebridge, Marielle Smith, Steele-John, Stewart, Urquhart, Walsh, Waters, Whish-Wilson and White
Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Bill 2023
Economic Inclusion Advisory Committee Bill 2023
Infrastructure Australia Amendment (Independent Review) Bill 2023
Public Health (Tobacco and Other Products) Bill 2023
Nature Repair Bill 2023
Nature Repair (Consequential Amendments) Bill 2023
Identity Verification Services Bill 2023
Identity Verification Services (Consequential Amendments) Bill 2023
That the Senate take note of the documents.
That—
(a) the Senate, at its rising, adjourn till Tuesday, 6 February 2024, at midday, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator; and
(b) leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.