The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
That the Senate take note of the explanation.
Our role is to … support a better life for hundreds of thousands of Australians with a significant and permanent disability and their families and carers.
This ground, however, has appeared frequently in recent times in the following form: the information concerned belongs to the states as well as to the Commonwealth, and therefore cannot be disclosed without the approval of the states. The obvious response to this is that the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Government is pleased to be introducing legislation into the Senate today aimed at securing the future of the National Disability Insurance Scheme.
I'd like to commence my remarks by putting some context for this bill.
Before the National Disability Insurance Scheme was rolled out over a decade ago, Australians with disability were too often unseen and unheard—living in the shadows.
Australians with disability suffered what was called by some 'the misery lottery'—that is, the disability support was patchy across the country.
Depending on your postcode, you might be lucky enough to get some funding to help you and your family, or otherwise you might live a life of uncertainty and, quite often, disadvantage and poverty.
It was in 2009, the then Labor Government, under Prime Minister Kevin Rudd and Minister for Social Services Jenny Macklin, commissioned a report to help move the analysis and debate about people with disability in this country.
That report was titled Shut out .
What was uncovered through the consultation phase was 'intensely moving and profoundly shocking'.
It painted a picture then of people with disability isolated and alone, their lives a constant struggle for resources and support.
An article written about this groundbreaking report at the time said:
"Where once they were shut in, now people with a disability find themselves shut out. Shut out of housing, employment, education, health care, recreation and sport. Shut out of kindergartens, schools, shopping centres and community groups. Shut out of our way of life. This segregation is a national disgrace."
It was clear then that Australia needed a whole system of disability support, and a scheme like the NDIS for people with the most complex support needs.
The nation and the Parliament at that time made a decision that we would no longer let a person's postcode or financial situation dictate whether they won the disability support lottery.
The National Disability Insurance Scheme has fundamentally changed Australia. The NDIS represents the best about our country.
It fulfills a sense of collective responsibility—the essence of the fair go. It's integral to our national identity.
Its value is measured in human terms, not just economic.
People with disability should have the support they need to participate in the community and have an ordinary life.
Every Australian deserves the peace of mind of knowing that if they or someone they love acquires a significant and permanent disability the NDIS will be there for them.
And all of us benefit from building a more inclusive and accessible society.
This is a 21st century story of successful political change driven by Australians with disability who demanded more control over their destiny, and equality within their own society. After all, Australia was once referred to as having an "egalitarian society"
We can never—must never—return to the days before the NDIS. Through the NDIS, Australians have changed the way we view ourselves. It reflects the nation that we want to see in the mirror.
Australians do not see people with a disability as 'the other'.
They're family, friends, work mates, school mates, our neighbours—any one of us, to be honest, or someone we love.
Treating our fellow Australians who have disabilities as second-class citizens—too hard, too costly, someone else's responsibility—reflects an image of ourselves that I don't believe that we should recognise or like.
However, despite its life-changing impact, the NDIS has been of losing its way. It has not fully delivered on the original vision.
While the NDIS has absolutely changed hundreds of thousands of lives for the better, it is not working well for everyone. Participants have spoken about how every interaction with the NDIS can become a battle.
They've voiced their frustration at having to prove, year after year, that they still are blind or they still have Down syndrome or motor neurone disease.
This was a Scheme that, along with thousands of passionate champions for the cause, that we've worked tirelessly to help establish.
Before our NDIS people with disability were treated as second-class citizens—out of sight, out of mind.
We said, 'Never again'—never again would Australians with disability be forgotten.
We have worked every day with the disability sector to do everything we can to make life on the NDIS and life for people with disability in Australia better.
We promised to make the NDIS a priority and not penalise people with disability for wanting to live fulfilled lives.
We promised to put more people with disability on the NDIS board and conduct a root-and-branch Review of the Scheme. This is an election commitment we met.
We promised to make the Scheme sustainable so that future generations of Australians with disability would have an NDIS to access.
We made a promise to ensure that the Scheme is sustainable.
And we promised to restore trust in the Scheme.
The work began in earnest within days of the election.
We now have more people with lived experience on the NDIS board than in the entire history of the Scheme. We have our first Aboriginal and Torres Strait Islander board member.
We're getting more people with disability who are eligible for the NDIS and fit for discharge, discharged from hospital rather than waiting in beds when they are medically fit to go home.
We've slashed the 4½ thousand legacy appeal cases that were languishing in long queues at the Administrative Appeals Tribunal.
We've established a partnership between the National Disability Insurance Agency and the First Peoples Disability Network to collaborate on the new First Nations NDIS strategy and action plan.
We've established the Inklings pilot with the Telethon Kids Institute in Western Australia to help families of children who are showing early signs of autism with evidence based interventions.
Early intervention is one of the key principles of the NDIS, and the world-leading Inklings program takes us from a 'wait and see' approach to an 'identify and act' approach.
Early intervention is crucial for a life with less reliance on supports later on and the chance for a child to flourish.
We also promised to make the Scheme safer for people with disability, and to tackle fraud, waste and overcharging so that every dollar goes towards a better outcome for the participant, not someone trying to make a quick, dirty buck.
In its first year, the Fraud Fusion Taskforce that we established has investigated more than a hundred cases involving more than $1 billion of NDIS funding.
Mr Michael Phelan, a former director of the Australian Institute of Criminology, and decorated former police officer, is now the Acting Commissioner of the NDIS Quality and Safeguards Commission.
The Commission is part of the taskforce alongside the Australian Competition and Consumer Commission and the NDIA to weed out those charging more for equipment and services simply because you have an NDIS funding package.
This is wrong and it's a breach of federal law and we've upgraded the NDIS rules to make it clear that an NDIS 'wedding tax' is not on. That is when people approach a service provider and say, 'I'm on the NDIS,' and the price inexplicably goes up for an identical service.
I do say to service providers who are complaining about our campaign on price gouging: putting unfair treatment—by, admittedly, a small minority of service providers—in the too-hard basket undermines the reputation of the many very good, dedicated service providers, and ignoring price gouging and unethical conduct is a betrayal of NDIS participants and Aussie taxpayers and jeopardises the credibility and social license of the Scheme.
Further legal changes are coming, to more strongly prohibit and punish such unethical practices.
But while an enormous amount has been achieved in a short period of time, there is much more to do.
The independent NDIS Review panel undertook some of the most extensive consultation with the Australian community in the history of the Commonwealth, to set a new course for the NDIS.
The Review's final report, released publicly on 7 December 2023, made 26 recommendations and 139 supporting actions to Government, all based on what the panel heard from more than 10,000 people, disability organisations, and what they read in almost 4,000 submissions.
National Cabinet considered the final report and, as part of the initial response, agreed that the Commonwealth would work with State and Territory Governments to implement legislative and other changes in the first half of 2024.
I do acknowledge the remarkable goodwill of State Premiers and Territory Chief Ministers in agreeing to work as one for Australians with disability.
I certainly applaud their commitment last December to fund additional disability services outside the NDIS program—the 'foundational supports' that we speak of—and I also acknowledge that they have agreed to contribute more directly to the NDIS from 1 July 2028.
Since the report was handed down, Minister Shorten has held no less than 10 town hall meetings around Australia where thousands of people attended in person and online.
The town halls were held to provide transparency, to listen and to reassure. This is the cornerstone of this Government's commitment to people with disability. We have been on the frontline with people with disability and the sector always—the NDIS is testament to this—and we will not waiver from this loyalty and responsibility.
We've had almost 10 years of delay on NDIS progress working for Australians with disability and the Review Panel also tells us that any changes we make to the Scheme will take years to properly implement. The process of reform will take years.
Australians with a disability shouldn't wait a day longer than they have to for Governments at all levels to work together with people with disability to improve the Scheme.
The Albanese Government is committed to engaging and consulting with people with disability, their families, carers, representative organisations, service providers, unions, and the broader community.
We have made the promise to co-design with people with disability and the sector and we will make good on this promise.
The Bill provides the framework for broader reform to the Scheme and the Government is committed to ensuring the design and implementation of these changes will include extensive consultation and co-design with the disability community.
This will be achieved through working together with the disability community to design and implement legislative instruments to ensure people with disability remain at the centre of the Scheme.
In Australia, we have an extensive network of excellent and engaged peak bodies that are recognised as representing people with disability and carers, have members who are people with disability or family members and hold valued roles on many advisory groups.
Disability Representative Organisations will play a key role in consultation and co-design activities which will include:
We want people to know they have a seat at the table and they will be listened to. We are committed to working WITH people, not doing things TO people. It's always been the sector's humble yet powerful mantra: "Nothing about us without us".
This bill will enable new and expanded rule- and instrument-making powers. This is why we have committed to co-design.
The legislative approach taken is that we seek to establish an enabling architecture for rules and future reforms to restore the original intent, integrity, consistency and transparency of the Scheme.
These rules, together with all legislative instruments provided for in the bill, will be developed with all states and territories following the consultation with the disability community. I have just outlined.
Deep and considered collaboration with the disability sector on design is essential. This was the clarion call from the NDIS Review panel.
It will be complemented by design and development of foundational supports to assist people with a disability, including those outside the NDIS.
This principle has also been agreed by all Governments.
This bill is only the first step in this process of reform outlined by the Review. There remains an enormous amount of work to do together to implement the reforms.
The Government will work with state and territory partners, and across the political divide with The Opposition, to deliver a common vision for the NDIS.
I note the Opposition has told Australians they will support this bill and work with Minister Shorten on improving the sustainability of the NDIS.
The Shadow NDIS Minister indicated in his second reading speech that the Opposition would not oppose the Bill in the House. The Government welcomes this support,
Simply put, we wish to put the NDIS above the day-to-day political debate between levels of Government and between political parties, because Australians with disability and their families deserve nothing less.
We will absolutely continue to engage with participants, their families, carers and disability representative organisations to ensure that this blueprint for the future reflects their experience and contributions.
The bill is the next part of our journey towards an improved NDIS. It is about securing the NDIS for future generations of Australians and making sure it working for participants now and into the future.
It's also a first step in responding to the NDIS Review findings, and to the disability community who so generously shared their experiences and insights.
But I'd like to talk directly to the 660,000 Australians who are NDIS participants, to the 400,000 people who work in NDIS related occupations, to families, carers and guardians.
I know that much needed—and indeed much wanted—change can produce anxiety. I want to reassure people with disability, advocates and the sector, we have listened to your feedback and made changes to the bill to align with your advice and experience. There are four main amendments that this government is introducing into the Senate today. These are on the back of the 12 week Senate inquiry into the Bill, which recommended the Bill be passed subject to the amendments.
Talk of any change to a family battling to make ends meet can sound like a problem, not an opportunity, and I can respect nervousness which might be caused by this discussion. I just want to reassure these people who've battled hard to create an NDIS and to get their packages of support: we will work with you to make sure that people are getting the right support in the right way.
Under this Government this Scheme will continue to grow. Changes will be for the best interests of the participant.
A critical element of design and development following passage of the bill will be a person-centered model for needs assessment.
This will deliver consistency and equity for planning decisions.
In addition, access to the NDIS should not depend on how rich you are or who you know or the expert medical reports that you are able to procure.
This change that we're talking about will not take effect until design is done and new rules are made—transition will take time, and we don't seek to rush that.
Importantly, agreement by all state and federal Governments means the NDIS will become one part of a larger ecosystem of supports rather than being in danger of being the only lifeboat in the ocean.
Before I talk about some of the technical parts of the bill, I do want to flag that some of the following part of this presentation will have some technical discussion.
I'm here to explain its intent in plain language so that people with disability and their families, and disability organisations understand what is changing and when it will be changing.
What we have to do is reform the National Disability Insurance Scheme Act of 2013 (the NDIS Act) and we have four goals:
1) that the NDIS provide a better experience for participants
2) that the Scheme be restored to its original intent to support people with significant and permanent disability
3) that the Scheme be equitable, and
4) that the Scheme be sustainable.
The bill has two parts.
One section lays the foundations for implementing key Review recommendations, particularly those around planning and budget setting.
I want to go through some of that with you.
Once you're in the Scheme, you will get a plan based on your support needs.
What we all want is a more dignified, person-centered process that assesses needs to determine a consistent, accurate and fair budget.
And that that budget can be spent flexibly.
This starts with a needs assessment that we'll work on with the disability sector to make sure we get it right.
I want to be clear. 'Reasonable and necessary' remains the core basis on which your support needs are met through the Scheme.
This bill proposes no changes to the 'reasonable and necessary' core operating principle of the NDIS.
But your needs assessment will look at your support needs as a whole—and we won't distinguish between primary and secondary disabilities any longer. This government is moving an amendment to clarify this.
If over time your support needs change, because of a significant change in your function, your information can be updated with a new support needs assessment.
The result will be a budget for disability supports that are fit for you; that reflect the support needs for your disability.
You can spend this budget flexibly in line with your own support needs—because you know them best. But everyone will need to manage their NDIS budget, just as we do with our household budgets.
We will be clear about what supports can and can't be funded by the NDIS to help you make informed choices and have confidence that you're using your NDIS funds within what is allowed.
The changes to be implemented will be developed with people with disability and the disability sector. This will take time to get right. The legislation is starting to deliver our vision for a future NDIS.
This legislation is not an end in itself. Until the rules and subsequent legislative instruments are made, the current planning rules will continue to apply once the rules are in place. Flexible budgets and a whole-of-person approach will increase the ability of participants to exercise real, true choice and control and to best realise their full social and economic participation in Australian society.
The changes to budget setting aim to provide participants with greater clarity and transparency and with fairer and more consistent decision-making, and will improve participant satisfaction. Creating this budget framework aligns with the original intent of the NDIS to support people with a permanent, significant disability as part of a larger landscape of supports outside the NDIS.
Before we can introduce these things a lot of work needs to be done collaboratively with people with disability, their families, represented organisations, and state and territory Governments.
There are also some operational changes that need to be made. This is the second part of the bill. I know that some people feel anxious when we talk about Scheme sustainability—what they hear instead is, 'Do I lose something?'
There is still some media commentary that unfairly targets people with disability in a way that is stigmatising and deeply unfair, and, of course, we live in the age of social media.
To meet some of the rumors head on, I say, (1) psychosocial disability is still included in the NDIS—full stop; (2) autism is still recognised as a disability—full stop; and (3) there are many good service providers in the Scheme, but at the same time we need to have an honest conversation about the Scheme. It cannot keep growing at the same rate that it is now. It can keep growing, but it just can't keep growing at 16 per cent annually, as it has in the past few years. The Disability Reform Ministerial Council is on record as saying:
Without timely action to improve outcomes for people with disability, the NDIS is projected to grow to more than 1 million participants and cost up to $100 billion a year by 2032.
Costs continue to grow without fairness, rigor and control over this critical investment by the Australian people. We simply have to take steps to get it back on track, and that's what we're doing with this bill.
Some operational changes to improve things can happen soon after the legislation if it's passed by the parliament and signed by the Governor-General. One is the definition of 'NDIS supports'.
The legislation will, for the first time, link the definition of 'NDIS supports' to the rights of people with disability under the UN Convention on the Rights of Persons with Disabilities. This is the first time that parts of the UN convention have been incorporated into NDIS laws. We moved amendments to ensure this did not pick only parts of the convention.
Another change relates to the provision of information-gathering for eligibility reassessment.
It is important to have the ability to request and receive information on whether participants meet the access criteria.. But let me be very clear—this will not result in people having to reprove their disability, but it will allow the CEO to determine if a participant is receiving the most appropriate support.
The process will take into account difficulties of participants in accessing information, but participants or their nominee will need to communicate with the NDIA in a way that works best for the person on the Scheme. Not communicating is not an option.
Another change that will be able to happen pretty quickly is with plan management arrangements where there is a risk for that participant, including financial risk. I want to make clear that the Agency has responsibilities here too, and will be required to be consistent in its operations with the legislation and the rules.
These are just a few of the things that you may see happen early on. Because this is such an important Scheme for so many of our fellow Australians, I want to stress that those directly impacted by key decisions about the Scheme continue to play a central role in developing the detail and the implementation of the reforms.
The biggest ideas from the Review, will take time, and we respect that process timeline There are two reasons for this.
One is that these things have to be done in collaboration with people with disability.
And the second is that the Review was very clear about the sequence of events, particularly about building the ecosystem of supports outside the NDIS. These changes will align with foundational supports in 2025
The NDIS was designed to help the people with the most complex support needs, but it was never designed to be the total Scheme for all Australians with disability. We now need to finish the job of building a more inclusive Australia.
It is why we, need to begin the work of foundational supports with our colleagues at the State and Territory level.
The States and Territories will play an important role here, consistent with the two National Cabinet agreements from last year.
This bill also includes amendments to quality and safeguarding for the Scheme Watchdog. Providing greater flexibility for the NDIS Quality and Safeguards Commissioner in exercising compliance powers and building on our comprehensive fraud reforms.
These changes will boost the commission's ability to undertake compliance action.
I want to say again that, when we talk about improving the quality of outcomes for people with disability, some providers feel criticised. I put on the record that the vast majority of providers are good, decent, hardworking people. I wish to record my gratitude for the quality services they supply with care, compassion and professionalism.
But we owe Australians the truth. Some providers are literally having a lend of the system. This Scheme was not designed to put a second-story verandah on a beach house of a provider seeking to make a quick buck. We cannot ignore this and the poor outcomes that delivers for participants.
With the measures we're talking about, this is not the end of the journey or the end of the story.
We will consider more work in the future on quality and safety once we have the report of the NDIS Provider and Worker Registration Taskforce, led by trusted lawyer and disability advocate Natalie Wade.
What has been outlined above requires a national coordinated effort across all Governments and from each and every one of us as members of the community.
These reforms will not happen overnight—there will be a significant piece of work to design this pathway and we again ask for the support and the contributions of the disability sector.
This reform process has been in the making since the NDIS Review was commissioned more than 18 months ago. I want the best for Australians with disability, as I know this Parliament does across political divides.
I acknowledge there are questions and concerns from colleagues in the States and Territories, and we will genuinely work to resolve issues and allay fears. There is no arrogance or hubris with the introduction of this bill. This is, , the time to start this stage of our reform journey. It is in line with the National Cabinet agreement to introduce legislation in the first part of this year, and we're delivering on that promise.
As I say, I can only imagine that there will be some anxiety about any talk of changes within the disability sector, but the NDIS, as we all know, is not working the way it should and is not working consistently for many people.
This is our chance to make it right. This is our chance as a parliament to help finish the job. If you have a significant and permanent disability, you will be covered by the NDIS. If you have a developmental delay which can be supported by a means of support other than an individual package, you will get what you need. There is nothing to be afraid of during this transition about your future on the Scheme. We are simply seeking to put the best interests of the participants foremost in the decisions of the Scheme.
This is all about what people need. We are tremendously committed to improving the lives of people with disability and working with people with disability to do this.
The NDIS is a marvelous, world-leading Australian experiment. It is changing lives.
We cannot allow people to be excluded from the great life of Australian opportunity because of their impairment. We should be proud of the NDIS.
The NDIS enables Australians regardless of their level of ability to lead the most fulfilling life possible.
I talk of a life of independence and dignity, a life of contribution to the community, a life of improved health and personal safety, a life of connection to others.
The NDIS unlocks the great potential of Australians with disability and their families. It enables them to participate in the life of our country on their own terms.
We should never change in fear, but we should never fear to change. The NDIS is not perfect, but it's not broken.
We should never have a catastrophe mindset about the NDIS; we should just be truthful.
We can, together, make it fairer, more transparent, more compassionate and more accountable to those it supports. It's still young—growing and learning.
But it is most certainly here to stay.
The NDIS is, daily, changing the lives of hundreds of thousands of Australians with disability, and their families and the people who work with them.
I want it to keep changing hundreds of thousands of lives, long after we've left this place.
I hope that the Parliament can rise to the occasion to help secure the future of the Scheme—not just for Australians with disability but for all Australians.
I will leave you as I began—with a quote from the Shut Out report. This was an anonymous submission:
Disability is characterised by desire for positive change and striving for emancipation and flourishing. It is seen every day amongst people living with disability. It is active hope. We desire a place within the community! This place is not just somewhere to lay down our heads, but a place which brings comfort and support with daily living, friendship, meaningful work, exciting recreation, spiritual renewal, relationships in which we can be ourselves freely with others. And out of this great things may flourish.
At the end of the motion, add "and the bill be referred to the Community Affairs Legislation Committee for further inquiry and report by 5 August 2024".
The current disability support system is underfunded, unfair, fragmented, and inefficient, and gives people with a disability little choice and no certainty …
The recommendations in the report of the Senate Community Affairs Legislation Committee into the National Disability Insurance Scheme (NDIS) Amendment Bill 2024 are profoundly disappointing and disrespectful … Our organisations are deeply disappointed that the Senate Committee—
did not listen to the evidence and expertise of people with disability, our families, supporters and organisations, who made extensive, and detailed submissions about the flaws in the proposed legislation.
We have engaged with the Committee over three hearings and provided substantial evidence and lived experience.
People with disability feel a loss of trust in the Parliamentary process that promises to listen to us, as we contemplate significant reform to the services and supports provided through the scheme.
… this will do nothing in achieving good outcomes. This will do nothing in protecting human rights. This will kill thousands upon thousands upon thousands of people.
This bill is the most dangerous piece of legislation since the changes to the DSP and robodebt.
… this bill enables the NDIA to force me out of my home if I need eight hours of support or more. I will be forced to choose between living with my wife and my vital support needs.
… varies so greatly that you cannot possibly put a black-and-white mechanism, a computer algorithm, in place, much less one that is beyond being able to be challenged by a participant.
Fundamentally, this bill ceases to be fit for purpose because it does not understand what it seeks to achieve, unless all it seeks to achieve is to save a bunch of money at the cost of very many lives.
When we presented rorts, fraud, and unreasonable pricing as posing an existential threat to the NDIS, we were able to create an environment in which respondents were amenable to reforms designed to counter these things.
My sister is 32 and has a great life. She rides horses competitively, works doing accessibility audits and training, and has her own small business. She cried from happiness at the Taylor Swift concert. She loves living independently with support in her own house.
However, her current life and prospects for a normal and happy future are at risk of disappearing before our eyes, due to the proposed changes in the NDIS Amendment Bill and the delegated legislation that will be made under it.
My sister has a severe physical disability and is in a wheelchair, her speech is impaired, and she's almost blind, as she has a rare metabolic disorder that is degenerative. She has 24/7 support, with one support worker with her at all times. Her support workers are all from the local community, and mostly people she knows organically—almost none of them have ever worked in disability before working with her.
The Government has said that under the Bill, housing and living supports for participants with 24/7 care will be required to be shared supports, with one support worker to three participants. This would be devastating for—
because:
My sister will be living in a mini-institution, a life chosen for her and controlled by others. But she is a real person, and not that different from you. You, your partner, your child, or your sister may one day find themselves in a situation where they need full-time support. Is this a life that you would want for them?
The Bill has been pushed through quickly and quietly, with limited consultation and clarity on how it will impact people with disabilities. What is clear, though, is that the Minister will have huge powers to make rules down the road, without proper scrutiny or protections in place, for life-altering decisions like what needs assessment tools are used, and what funding can be spent on. These rules can be made by the Minister without proper co-design, transparency, or protections in place. These types of powers are typically found in things like customs regulations—not rules that impact the minute details of the everyday lives of people with disabilities.
Giving the Minister these unbridled powers mean living with the fear that everything can be taken away, a constant pit in your stomach. Having a sister with a disability is not a burden, but living in limbo, waiting for the next rule to be made that upends her life is.
We must legislate co-design, transparency, and constraints on the Minister's power, which this Bill does not. The Bill cannot be passed.
We know that this Bill is being introduced to reduce costs, and I'm all about making the NDIS sustainable. However, we also know that there's a huge price gouging for services and fraud committed by suppliers to the NDIS. Instead of focusing on these areas, the Bill looks to recoup money by taking it from the participants—it's easy to take from the most vulnerable Australians. However, by doing so, we're attacking the fundamental principles of choice and control that the NDIS was meant to enshrine. We can do better than this.
To pass this Bill is to put into law that people with disabilities are second-class citizens. They don't deserve the same life, rights, or decency we would want for any other Australians.
… is now a testament to the success and promise of the NDIS, and it should be a model for others, not a casualty of cost-cutting measures. It's not too late to get the NDIS back on track with what it was set out to do—to provide people with disabilities choice and control over their lives.
The Coalition is unable to provide fully-informed commentary on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 … due to the government's unwillingness to grant an extension to the committee for further scrutiny on sensible and necessary measures for the sustainability of the NDIS.
We note insufficient time has been provided for proper consultation with the sector and the community—
who have expressed widespread misgivings about the current legislation.
The opportunity to properly engage with this bill is important in bringing the NDIS back onto sustainable footing in a manner that does not disadvantage or impact negatively on participants most in need.
It was also concerning that the committee was not given the opportunity to consult the sector on government amendments tabled on the day of the public hearing.
The Coalition notes legislative instruments and rules are still under development and the committee has not been provided with substantial detail on this to date.
and the method for calculating the total amount of the participant's flexible funding and funding for stated supports for new framework plans to be specified in legislative instruments and NDIS rules.
Proposed new paragraph 10(b) provides that a support is an NDIS support—
for a person who is a participant or prospective participant if the support is declared by NDIS rules to be a support …
Proposed new paragraph 10(c) provides that a support is not an NDIS support for a person if the support is declared by NDIS rules to be a support that is not appropriately funded or provided through the NDIS for participants …
This amendment provides the statutory foundation for the future early intervention pathway—
Operationalising this pathway will require the establishment of Category A NDIS rules.
A second note alerts the reader—
that NDIS rules may be made under section 27 that are relevant to the consideration of the early intervention requirements.
This item repeals and substitutes section 27 which allows for NDIS rules relating to the determination of any matter for the purposes of the disability requirements and early intervention requirements.
Similar to the existing section 27, proposed new section 27 will allow NDIS rules to prescribe methods and criteria to be applied, or matters that may, must or must not be taken into account—
Kym applies to the NDIS based on an impairment which results in psychosocial disability.
Kym's disability is highly episodic in nature, in that its impacts on her life fluctuate from time to time.
There is currently a great deal of ambiguity about how some access criteria should be applied to Kym's circumstances.
This new power enables a rule to be made, clarifying how certain NDIS access criteria should be applied to Kym's unique circumstances.
As a result, Kym and her health professionals have a clearer idea about whether Kym is likely to be eligible to access the NDIS, what information is required to make an access request, and Kym's access decision is able to be clearly explained to her—
The subsection does, however, allow for Category A NDIS rules to specify the circumstances where payments can still be made for supports provided or acquired before a participant ceases to be a participant …
I am so concerned about the effect of the NDIS Amendment Bill on my adult daughter with a disability. My daughter is severely physically disabled and blind as the result of a very rare and complex metabolic disorder which is degenerative.
Her speech is hard to understand and she uses a Seeing Eye Dog. She also has complex health issues.
She currently lives independently with 24/7 support in her own house that is owned by her sister. It is not accessible and it is difficult for her and her support staff to manage. We are just about to start building a house for her that will support her high physical support needs so that she can live, work and have a normal life.
If passed in its current form, the NDIS Amendment Bill will have massive impact on her life:
The Bill has been pushed through quickly and quietly, with limited consultation and clarity on how it will impact people with disabilities.
What is clear, though, is that the Minister will have huge powers to make rules down the road, without proper scrutiny or protections in place, for life-altering decisions like what needs assessment tools are used, and what funding can be spent on. These rules can be made by the Minister without proper co-design, transparency, or protections in place.
Giving the Minister these unbridled powers mean living with fear that everything can be taken away, a constant pit in your stomach. Having a sister with a disability is not a burden, but living in limbo, waiting for the next rule to be made that upends her life, is.
We must legislate co-design, transparency, and constraints on the Minister's power, which this Bill does not. The Bill cannot be passed.
These proposed changes threaten to set the disability rights movement back twenty years, limiting the lives of disability and in many cases presenting serious dangers to lives.
The amendments to the NDIS threaten to narrow the scope of supports, destabilise access and impose undue burdens on participants.
I encourage decision makers to reject this Bill and the premise that the lives of people with disability are narrowed or compromised. I encourage you to prevent its passage through the Senate.
I'm writing this email on behalf of two very different friends with very different needs. I have seen up close how difficult their lives are and how every day is a matter of negotiating significant challenges. I have also seen how NDIS has made it possible for them, thanks to their own determination and that of loved ones, to find systems that make life not only bearable, but meaningful.
The proposed changes to the NDIS are terrifying for my friends. They are looking at the end of a world where they get to control their own destinies. They are afraid of dramatic cuts to the services that make their ongoing lives possible, particularly where they get to select and train their own support workers. This makes a huge difference to their quality of life. They need support workers who share their values and understand who they are as people.
Support workers who are provided by for-profit companies, who are neither well-trained nor well-paid … Both my friends have horror stories to impart, and both of them live in fear of the day when they will no longer have a say in who gets to have that most crucial and intimate relationship with them. Trust and empowerment are absolutely crucial.
The Coalition is unable to provide fully-informed commentary on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 [Provisions] legislation, due to the government's unwillingness to grant an extension to the committee for further scrutiny on sensible and necessary measures for the sustainability of the NDIS.
We note insufficient time has been provided for proper consultation with the sector and the community on the bill who have expressed widespread misgivings about the current legislation.
The opportunity to properly engage with this bill is important in bringing the NDIS back onto sustainable footing in a manner that does not disadvantage or impact negatively on participants most in need.
It was also concerning that the committee was not given the opportunity to consult the sector on government amendments tabled on the day of the public hearing.
I fear for our local communities. I'm a shearing contractor in a small town of 500 people. I employ 30 staff. I provide housing and meals, so I also employ a cook. I have a payroll of over $2 million … I spend over $100,000 a year in my local IGA. I spend $50,000 on fuel to run my buses and cars ... 30 staff spend their money in Lake Grace. They live in the town, with some buying houses … They volunteer and contribute to the community. I'm the largest employer in Lake Grace …
… there is the potential for gas supply shortfalls due to the depletion of southern storage inventories …
… the supply of gas in all or part of the east coast gas system may be inadequate to meet demand.
If forced divestiture resulted in a supermarket selling some of its stores to another large incumbent supermarket chain, the result could easily be greater market concentration.
Australia's strong global reputation for non-proliferation and its world-class uranium industry, which includes almost a third of global uranium reserves and supplies around 10 per cent of global uranium used for zero-emissions electricity, positions it well to lead in nuclear energy development.
… … …
It is time to move beyond outdated anti-nuclear sentiments.
That the Senate take note of all answers given to all coalition questions today.
… I have one very, very simple goal, which is, to get prices down in the short to medium term—
Nuclear's not going to help me in that process. As you know, it's a long way off. I know that sector pretty well. I've worked in it in the past and it's a long way off actually solving the real problem we've got to face up to …
That the Senate take note of the answer given by the Minister for Finance (Senator Gallagher) to a question without notice I asked today relating to digital ID.
That the Senate take note of the answer given by the Minister for Finance (Senator Gallagher) to a question without notice I asked today relating to grocery prices.
That the Senate records its sorrow at the death, on 1 June 2024, of the Hon. Gary Roy Nairn AO, former Special Minister of State and former member for Eden-Monaro, places on record its gratitude for his service to the parliament and the nation, and tenders its sympathy to his family in their bereavement.
… Gary … was a wonderful citizen of our nation who gave so freely and willingly to enhance it.
… as a true statesman in our industry and to the wider community. He was renowned for his dignity and composure …
That leave of absence be granted to Senator Thorpe for 14 and 15 May 2024, for personal reasons.
That leave of absence be granted to Senator Hanson from 24 to 27 June 2024, for personal reasons.
That there be laid on the table by the Minister representing the Minister for Defence, by no later than 5 pm on 3 July 2024, the following documents:
(a) Houston Review into Army Aviation (2016); and
(b) Yates Review into MRH-90 (2020).
The Native Title system in Australia is critically flawed and perpetuates discrimination. A new claim has been lodged by the Woppaburra people for exclusive use over an additional 2,249 acres of Great Keppel Island, despite a prior Federal Court ruling extinguishing Native Title over significant portions of the island, with the effect of potentially closing Great Keppel Island to non-Aboriginal Australians. This situation exemplifies why there is urgent need for a thorough overhaul of Native Title laws to prevent misuse and ensure equal treatment for all Australians regardless of race
That, in the opinion of the Senate, the following is a matter of urgency:
The Native Title system in Australia is critically flawed and perpetuates discrimination. A new claim has been lodged by the Woppaburra people for exclusive use over an additional 2,249 acres of Great Keppel Island, despite a prior Federal Court ruling extinguishing Native Title over significant portions of the island, with the effect of potentially closing Great Keppel Island to non-Aboriginal Australians. This situation exemplifies why there is urgent need for a thorough overhaul of Native Title laws to prevent misuse and ensure equal treatment for all Australians regardless of race
We are protective of our sacred areas and will maintain our cultural responsibilities, but the Woppaburra people are not about restriction, anti-development and locking up lands.
The Senate divided. [16:40]
(The President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Albanese Labor Government's policies are failing to meet emissions reductions targets, driving up electricity bills, making Labor's cost of living crisis even worse and set Australia up for environmental and economic failure; compared with the bold vision and plan of the Coalition to develop next generation, zero emissions nuclear technologies to provide cheaper, cleaner and consistent electricity for the decades ahead.
More than the number of senators required by the standing orders having risen in their places—
That the Senate take note of the document.
From 1 July 2023 to 31 January 2024—
there was a turnover of KMP—
in 85 per cent of entities. The average rate of turnover at these entities was 21 per cent.
Seventy-seven per cent of entities had undertaken a recent review of the effectiveness of their audit committee.
These reviews—
mainly relied on self-assessments of committee performance by audit committee members …
That senators be discharged from and appointed to committees as follows:
Adopting Artificial Intelligence — Select Committee —
Appointed—Participating member: Senator Darmanin
Australia's Disaster Resilience — Select Committee —
Appointed—Participating member: Senator Darmanin
Community Affairs Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Cost of Living — Select Committee —
Appointed—Participating member: Senator Darmanin
Economics Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Education and Employment Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Environment and Communications Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Finance and Public Administration Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Foreign Affairs, Defence and Trade — Joint Standing Committee —
Discharged—Senator Payman
Appointed—Senator Darmanin
Foreign Affairs, Defence and Trade Legislation Committee —
Discharged—Senator Payman
Appointed—Senator Darmanin
Foreign Affairs, Defence and Trade References Committee —
Appointed—Participating member: Senator Darmanin
Human Rights — Joint Statutory Committee —
Discharged—Senator Grogan
Appointed—Senator Darmanin
Impact of Climate Risk on Insurance — Select Committee —
Appointed—Participating members: Senators Antic, Askew, Birmingham, Bragg, Brockman, Cadell, Canavan, Cash, Chandler, Colbeck, Darmanin, Davey, Duniam, Fawcett, Henderson, Hughes, Hume, Kovacic, Liddle, McDonald, McGrath, McKenzie, Nampijinpa Price, O'Sullivan, Paterson, David Pocock, Rennick, Reynolds, Ruston, Scarr and Dean Smith
Implementation of the National Redress Scheme — Joint Standing Committee —
Appointed—Participating member: Senator Darmanin
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating member: Senator Darmanin
Perth Mint — Select Committee —
Appointed—Participating member: Senator Darmanin
Public Accounts and Audit — Joint Statutory Committee —
Discharged—Senator Grogan
Appointed—Senator Darmanin
Rural and Regional Affairs and Transport Legislation and References Committees —
Discharged—Senator Walsh
Appointed—
Senator Darmanin
Participating member: Senator Walsh.
Appropriation Bill (No. 5) 2023-2024
Appropriation Bill (No. 6) 2023-2024
Appropriation Bill (No. 1) 2024-2025
Appropriation Bill (No. 2) 2024-2025
Appropriation (Parliamentary Departments) Bill (No. 1) 2024-2025
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
APPROPRIATION BILL (NO. 5) 2023-2024
Today, the Government introduces 2023-24 Supplementary Additional Estimates Appropriation Bills. They are Appropriation Bills 5 and 6. These Bills underpin the Government's expenditure decisions made since the Mid-Year Economic and Fiscal Outlook that relate to the 2023-24 financial year.
Appropriation Bill 5 seeks approval for appropriations from the Consolidated Revenue Fund of $2.1 billion. This would ensure there is sufficient appropriation to cover estimate variations related to existing programs, for instance, changes in costs for demand driven programs. These Bills also pay for the first-year costs of measures announced in the 2024-25 Budget.
The Bill provides funding to support the following significant items.
The Department of Social Services will receive over $1 billion, with the majority of funding for the National Disability Insurance Agency to provide reasonable and necessary supports for National Disability Insurance Scheme participants. Services Australia will also receive over $93 million to support the delivery of government payments to Australians.
The Department of the Treasury will receive $525 million to facilitate the increase in the grants composition of the $1 billion provided for social housing under the National Housing Infrastructure Facility in 2023-24, with the funding to be targeted towards crisis and transitional accommodation for women and children fleeing domestic violence, and youth.
The Department of Defence will receive over $92 million. This primarily reflects the funding required to support Defence capabilities prioritised in the 2024 National Defence Strategy and major Defence operations undertaken in 2023-24.
The Department of Health and Aged Care will receive over $77 million, including over $37 million to support access to opioid dependence treatment and $20 million to support older Australians in receiving appropriate care.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Supplementary Additional Estimates Statements.
I commend this Bill to the chamber.
APPROPRIATION BILL (NO. 6) 2023-2024
This bill seeks approval for appropriations from the Consolidated Revenue Fund of $453.5 million for the 2023-24 financial year. These appropriations will support the following significant items. The Department of Defence will receive close to $453 million, reflecting a reclassification from operating to capital, to support the delivery of capabilities prioritised in the 2024 National Defence Strategy. Full details of the proposed expenditure are set out in the schedule to the bill, the explanatory memorandum and the portfolio supplementary additional estimates. I commend this bill to the chamber.
APPROPRIATION BILL (NO. 1) 2024-2025
This Bill, Appropriation Bill 1, along with Appropriation Bill 2 and Parliamentary Departments Appropriation Bill 1, are the principal Bills underpinning the Government's Budget. Together, they provide annual appropriations for 2024-25.
Appropriation Bill 1 seeks approval for appropriations from the Consolidated Revenue Fund of $162.6 billion. Funding provided through this Bill will support the following significant items.
The Social Services portfolio will receive over $45 billion, with most of the funding provided for the National Disability Insurance Agency to provide reasonable and necessary supports for National Disability Insurance Scheme participants. Services Australia will receive close to $5.5 billion to ensure the delivery of government payments to Australians, extend its emergency response capability, enhance safety and security for staff and customers, sustain the myGov platform and support other government agencies to deliver Government priorities.
The Defence portfolio will receive close to $44.8 billion, including just under $42 billion for the Department of Defence to implement the 2024 National Defence Strategy and Integrated Investment Program, including for nuclear-powered submarines and prioritising partnerships in the Indo-Pacific. The Australian Signals Directorate will receive close to $1.7 billion to continue to deliver on the Government's foreign signals intelligence and cyber security objectives.
The Department of Health and Aged Care will receive over $16.7 billion to implement various programs to ensure the current and future health needs of all Australians are met through the delivery of evidence-based health policy, improved access to comprehensive and coordinated health care, and protection of the health and safety of the Australian community. Funding includes over $5.7 billion to provide support for older Australians with everyday living and other needs; $1.9 billion for the health workforce; $1.5 billion for mental health; over $1.2 billion for First Nations people health and $1.0 billion to support access to medicines and vaccines.
The Department of Foreign Affairs and Trade will receive over $7.2 billion to advance Australia's international strategic and security interests, provide development assistance overseas and consular assistance to Australians abroad. Funding will support enhanced engagement across Southeast Asia and the Pacific, with the aim of increasing trade and investment opportunities, protecting international rules, and keeping our region safe.
The Treasury portfolio will receive over $6.5 billion, with over $4.3 billion provided for the Australian Taxation Office to administer the taxation and superannuation systems, including major tax compliance taskforces. This includes new funding for the Counter Fraud Strategy, and to implement the Government's policy for Digital ID.
The Department of Home Affairs will receive over $5.7 billion to implement various programs to ensure Australia's security, prosperity and unity by safeguarding national security interests and improving cyber security and security of critical infrastructure assets, enabling economic growth and maintaining Australia's cohesive multicultural society. The funding will also enable the Department to continue to reform the migration framework and maintain the integrity of the migration system, sustain visa processing capability, provide settlement services to refugees and migrants and protect the Australian border.
The Department of Employment and Workplace Relations will receive just under $4.8 billion, including approximately $2.4 billion to support employment services and $2.2 billion to support vocational education and training.
Consistent with 2023-24, Appropriation Bill 1 also contains an Advance to the Finance Minister (AFM) provision of $400 million to provide the Government with the capacity to allocate additional appropriations for urgent and unforeseen expenditure.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements.
I commend this Bill to the chamber.
APPROPRIATION BILL (NO. 2) 2024-2025
This Bill, Appropriation Bill 2, along with Appropriation Bill 1 and Parliamentary Departments Appropriation Bill 1, are the Budget Appropriation Bills for 2024-25.
Appropriation Bill 2 seeks approval for appropriations from the Consolidated Revenue Fund of $24.6 billion, incorporating decisions from the 2024-25 Budget. I now outline the most significant items provided for in this Bill.
The Department of Defence will receive close to $10.6 billion to support the implementation of the 2024 National Defence Strategy, including through major investments in military capabilities, as well as enabling ICT capabilities and infrastructure.
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts will receive approximately $4.6 billion, including funding for Government Business Enterprises to continue to deliver projects, including the Australian Rail Track Corporation for the Inland Rail Program, WSA Co for Western Sydney International Airport, the NBN Co for the election commitment to Boost Fibre and Fast-Track the NBN Repair Job and funding for the Roads to Recovery program.
The Department of Climate Change, Energy, the Environment and Water will receive over $2.5 billion, including $1.6 billion to Snowy Hydro Limited to support continued construction of Snowy 2.0. Close to $650 million for Rewiring the Nation will be provided to continue expanding and modernising Australia's electricity grids at lowest cost, unlocking new renewables and storage capacity and driving down power prices.
The Department of Finance will receive over $1.5 billion, including additional equity for Comcover and Australian Naval Infrastructure and a Snowy Hydro Limited construction loan.
The Department of the Treasury will receive over $1.5 billion to provide funding for concessional loans to support social and affordable housing.
The Australian Signals Directorate will receive over $1 billion to deliver major capital investments in foreign signals intelligence and cyber capabilities.
Consistent with 2023-24, Appropriation Bill 2 also contains an Advance to the Finance Minister (AFM) provision of $600 million to provide the Government with the capacity to allocate additional appropriations for urgent and unforeseen expenditure.
This Bill also sets debit limits for payments under the Federal Financial Relations Actthat will apply in 2024-25 and they are:
Full details of the proposed expenditure are set out in the Schedules to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements. I commend this Bill to the chamber.
APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2024-2025
Parliamentary Departments Appropriation Bill 1 provides appropriations for decisions taken by Government in the 2024-25 Budget for the operations of Parliamentary Departments.
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of $326.7 million. Funding provided through this Bill will support the following significant items of Parliamentary Departments.
The Department of Parliamentary Services will receive over $257 million to support the work of the Australian Parliament, through services to parliamentarians and as custodians of Parliament House. This includes additional funding to modernise ICT systems, including broadcasting, and undertake building upgrades at Parliament House.
This Bill also includes an Advance to the responsible Presiding Officer of $1.9 million.
Full details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements.
I commend this Bill to the chamber.
Net Zero Economy Authority Bill 2024
Net Zero Economy Authority (Transitional Provisions) Bill 2024
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
NET ZERO ECONOMY AUTHORITY BILL 2024
Introduction
One of Australia's first coal fired power stations started in Yallourn in Victoria in the 1920s.
It was powered by the vast brown coal deposits of the Latrobe Valley.
Over the coming decade, Australia's first offshore wind turbines will also start to run in the waters off the Latrobe Valley.
Harnessing the power of the Bass Strait Winds.
Generations of Australians have powered this nation safely, reliably and with dignity.
This Bill helps ensure they will continue to for generations to come.
Australian workers.
Australian industry.
Australian communities.
Working together to power every part of our nation and every one of us.
The way we power Australia will change.
But those who do it will not.
The target is clear—achieve net zero emissions by 2050 to avoid the most dangerous impacts of climate change.
The pathway is clear—power our industries, light our homes, our businesses and fuel our transport with clean energy.
The Government is determined that Australian workers and Australian ingenuity will get us there.
As the Prime Minister has said, we can be a renewable energy superpower.
We can not only power our transformation but that of the rest of the world as well.
But it may not happen automatically.
The opportunities will not seize themselves.
As the race to net zero accelerates—and it is a race—we must ensure Australian workers and communities are supported to play their part.
We know there are communities in which the experience of the transition will be most concentrated.
This Government knows that we must support these communities and those that live in them.
This Government also knows the critical role it can play.
To better coordinate programs and policies, to attract investors and help communities make the most of the transformation opportunities.
We will engage major stakeholders in the decision making and support structures.
We will help deliver Australia's future as a renewable energy superpower.
We will leave no one behind.
In the net zero global economy of the future, it is hard to imagine where else you would rather be.
Where else than Australia.
Home to abundant renewable energy sources.
To every metal and critical mineral essential to net zero technologies.
Our geography has gifted us much.
But only by working together will we be able to grab the opportunities of the future.
Previous government
Less than two years ago, the approach of the Australian Government was very different.
The Australia Government had:
Back then, the Australian Government could not even agree to a long term energy policy.
One former Liberal Premier went so far as to describe it as a:
'slow-moving train wreck.'
In the time since, Australia has changed significantly.
Albanese government
Last month the Prime Minister described the history of the Liddell Power Station.
He explained:
'It's a snapshot of the economic and energy transformation underway in Australia, particularly in regional Australia.'
'A journey that every advanced economy has embarked on.'
'And a race that Australia can win.'
Since the 2022 election, the Albanese Government has acted to address climate change.
We have also put Australia on the path to becoming a renewable energy superpower.
With over $40 billion invested in Australia.
This includes:
We have also supported Australian industries, workers and communities to participate in the shift to net zero.
First with the establishment of the Net Zero Economy Agency.
And now with the introduction of this Bill, to establish the Net Zero Economy Authority.
Net Zero Economy Authority
The Net Zero Economy Authority will be a new statutory agency.
Its functions will be to:
The Net Zero Economy Authority's mission will be to promote orderly and positive economic transformation for Australia.
For regions and workers, as the world decarbonises.
This recognises that the way in which we navigate economic transformation is as important as reaching the destination of a net zero economy.
As emissions-intensive industries and technologies decarbonise, the Authority will help ensure Australians can access the opportunities new net zero industries bring.
Communities
It is critical that we support workers and communities throughout the transition.
The Authority will be a partner, on behalf of Government, with industry and investors.
It will help to get the big transformational projects happening.
For example:
The Authority will work with project proponents, state governments and others to get projects to investment decision.
It will mobilise public and private financing support, address enabling infrastructure needs and navigate regulatory processes.
The Authority will be the Government shop-front for industry and investors.
Helping as they seize the opportunities of Australia's transformation to a net zero economy.
This will assist our regions to become the economic powerhouses of our future net zero economy.
Industrial regions like Gladstone, the Hunter Valley, Latrobe Valley, Upper Spencer Gulf and the Pilbara, have powered Australia's economy for generations.
This can and should continue the transition to net zero.
The Authority will help place these regions in a position to continue to play the vital role they always have.
The Authority will also play an important role in supporting community understanding of the transformation to a net zero emissions economy.
Ensuring Australians are engaged in the process and confident in its outcomes.
The Government wants to be a partner with communities in navigating the change.
Especially in regions where the changes will be more significant.
And with First Nations Australians, providing opportunities for economic advancement.
By partnering with workers and communities.
By building understanding and relationships.
We can ensure that no one is left behind as we build the industries and jobs that underpin our future prosperity.
Workers
The Authority will ensure workers receive the support they need.
The Authority will work with employers, unions and others to assist workers to engage in new opportunities.
As part of this, the Bill will establish the legislative framework for an Energy Industry Jobs Plan.
Administered by the Authority, the Plan will enable the use of pooled redeployment arrangements.
These will support workers in closing coal-fired power stations and closing gas-fired generators, and their dependent suppliers to transition directly to a new job.
Workers in a closing facility will have opportunities to be redeployed into a new job with another employer in the same or a similar industry.
Closing and dependent employers will be encouraged to participate voluntarily.
Our largest coal fired power stations are run by mature corporations.
They often have strong plans in place to support their workforce as they prepare for closures.
We expect many of them will put their hand up to participate in the Energy Industry Jobs Plan.
The Bill provides the Fair Work Commission with powers to require their participation as a failsafe to make sure the transition is orderly.
It enlivens enforceable obligations for those closing employers to provide transitional support to their employees, subject to operational requirements.
The Authority would encourage receiving employers to participate voluntarily.
This Bill does not include compulsory participation of receiving employers.
Those receiving employers that put their hand up will be in pole position to grab highly skilled and experienced workers.
This community of interested employers will give workers the greatest opportunity to secure alternative employment.
The proposed model for the plan reflects the outcomes of detailed consultations with employee and employer groups.
This is about supporting workers on the frontline of the energy transition.
And supporting businesses to access the skills and experience they value.
Helping workers and their families stay in place helps communities stay whole.
Helping some businesses with challenging closures and others to deliver ambitious growth targets means making regional economies more robust and resilient.
Stakeholder support
The global economy is experiencing the biggest transformation since the industrial revolution.
The spectrum of stakeholders for the transition to net zero is wide.
This is why it is so pleasing that the Government's approach has such broad support.
Jennifer Westacott, the former Business Council Chief Executive, described it:
… as an opportunity for better jobs and better living standards.
Innes Willox, Chief Executive of the national employer association Ai Group, said it:
… can play an essential and positive role in helping regions like the Hunter, the Latrobe Valley and Gladstone to reach new phases of success.
And Steve Murphy, National Secretary of the Australian Manufacturing Workers' Union, explained:
It delivers on the promise.
That is what this Government has done and what this Bill will do.
It will ensure across Australia, local communities are able to enjoy the opportunities of our future.
I would like to especially thank Greg Combet, the Chair of the Net Zero Economy Agency.
Along with the many dedicated public servants that have been part of the Agency.
Their work has helped to ensure the Government's approach has broad support.
The Bill builds on this support and enshrines it within the operation of the Authority.
It will be led by an expertise-based board.
With a stakeholder panel as a dedicated forum for information and insights from different stakeholder groups.
Conclusion
Australian workers and communities have long played a central role in the energy industry.
Under this Government, they will continue to.
As we transition to net zero, opportunities will emerge.
With this Bill, Australians will be positioned to grab these opportunities.
We will support workers and industry.
Communities and regions.
The transition to net zero will push us through the doors of opportunity.
We must not let them close behind us along the way.
But keep them wide open so all Australians can get through.
I commend the Bill to the House.
NET ZERO ECONOMY AUTHORITY (TRANSITIONAL PROVISIONS) BILL 2024
The Net Zero Economy Authority (Transitional Provisions) Bill 2024 enables the Net Zero Economy Agency, currently an Executive Agency within the Department of the Prime Minister and Cabinet to transition to a standalone statutory authority.
The Bill:
Australian Postal Corporation and Other Legislation Amendment Bill 2024
Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Bill 2024
Excise and Customs Legislation Amendment (Streamlining Administration) Bill 2024
Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Bill 2024
Social Services and Other Legislation Amendment (More Support in the Safety Net) Bill 2024
Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Bill 2024
Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
AUSTRALIAN POSTAL CORPORATION AND OTHER LEGISLATION AMENDMENT BILL 2024
The Australian Postal Corporation and Other Legislation Amendment Bill 2024 will strengthen regulatory regimes for international mail screening, inspection, and where warranted, intervention.
The postal sector is in rapid transformation and responding to changes in technology, consumer preferences and markets, including eCommerce driving substantial growth of international parcels.
Australia's international mail gateways, where incoming and outgoing mail is screened and processed, are being placed under increasing pressure due to rising volumes and growing threats to Australia's biosecurity and national security.
It is essential that Australia is well equipped to mitigate and respond to any risks that arise in the mail stream. This is why the Government is ensuring the legislation that governs the security of postal articles continues to be fit for purpose, and provides operational flexibility so our border agencies can adapt and lawfully respond to the changing threat environment.
In response to these issues and challenges, the Bill will make amendments to the Australian Postal Corporation Act 1989 , to improve the operation of the information sharing arrangements between Australia Post and border agencies, and the rules for opening and examination of postal articles.
The Bill contains measures that will enhance the disclosure of information and documents in relation to postal articles between Australia Post and government agencies. A new exception will be introduced to the disclosure regime to better facilitate information sharing with Commonwealth, State and Territory bodies to assist in the performance of their functions or duties. This will provide greater clarity on the agencies and purposes for which Australia Post is able to share information and documents. Existing exceptions will continue to apply.
Information sharing arrangements will be further enhanced by new provisions that will permit secondary disclosures of information and documents between government agencies, under strict parameters. This will support border protection and law enforcement outcomes and ensure alignment across levels of government.
The measures for enhanced information sharing arrangements have been designed with appropriate privacy safeguards and are reasonable, appropriate and justified.
Australia Post and border agencies have consistently raised concerns about ambiguities in the current law due to changes in the way technology has been employed to support processing and screening of articles, and evolving risks in the mail stream.
The Bill therefore contains a number of amendments to simplify terminology and legislative processes to provide greater certainty to Australia Post employees, and customs and biosecurity officers, when exercising their legislative powers and functions for the inspection and examination of mail, and ease the burden of compliance.
Another key element of the Bill is a new measure to ensure that as the threat environment changes, postal articles suspected of containing explosive, dangerous and injurious goods are able to be handled appropriately and safely. The amendments will incorporate these provisions currently contained in Australia Post's terms and conditions into legislation.
The Bill will also make minor and technical amendments to clarify the operation of certain provisions of the Australian Postal Corporation Act 1989, and minor consequential amendments to theCriminal Code Act 1995 for consistency with amendments to the Act.
It is proposed Schedule 1 to the Bill would commence on proclamation, but not later than 6 months after the Royal Assent. This will allow sufficient time for Australia Post and border agencies to prepare for any necessary operational changes.
In summary, the proposed amendments will contribute to immediate enhancements to Australia's border protection, biosecurity and national security, and provide greater flexibility for Australia Post and border agencies to lawfully deal with current and emerging security risks in the mail stream.
CRIMINAL CODE AMENDMENT (PROTECTING COMMONWEALTH FRONTLINE WORKERS) BILL 2024
The Australian Government is introducing the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Bill 2024 to strengthen protections for Commonwealth frontline workers, who are increasingly subjected to acts of violence or aggression from members of the public. This violence and aggression can have devastating impacts on frontline workers and their families as well as on the broader safety and operation of Commonwealth workplaces.
The Services Australia Security Risk Management Review was commissioned after a serious assault on a staff member at a Services Australia Service Centre in 2023 and conducted by Mr Graham Ashton. Mr Ashton made 44 recommendations to increase staff safety and deter acts of aggression. The Government has committed to implementing all 44 of those recommendations.
This Bill will implement recommendation 18 of the Ashton Review by amending the Commonwealth Criminal Code to increase the penalties available for causing harm, or threatening to cause serious harm, to a Commonwealth public official where the official is also a Commonwealth frontline worker.
These amendments will align the penalties for causing harm, or threatening to cause serious harm to a Commonwealth frontline worker with the penalties applicable for the same conduct against a Commonwealth judicial officer or Commonwealth law enforcement officer.
Specifically, the penalty for conduct that causes harm to a Commonwealth frontline worker under section 147.1(1) of the Criminal Code will increase from a maximum of 10 years to 13 years' imprisonment. Similarly, the penalty for conduct that threatens to cause serious harm to a Commonwealth frontline worker under section 147.2(1) of the Criminal Code will increase from a maximum of 7 years to 9 years' imprisonment.
The Bill defines 'Commonwealth frontline worker' as a Commonwealth public official who performs work requiring the person to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role. This reflects the diversity of Commonwealth frontline worker roles, from service delivery to regulatory functions.
Commonwealth frontline workers are in service centres and call centres across Australia. Commonwealth frontline workers are also out in the community performing essential outreach in our communities, providing access to government payments following emergencies or natural disasters, and safeguarding the integrity of government programs through monitoring and enforcement activities.
These amendments send a strong message that the Albanese Government values the contributions made by our frontline workers and that violence and aggression towards those workers is unacceptable.
This Bill is an important step towards creating safer Commonwealth workplaces.
I acknowledge the strong support of the Minister for Government Services for the measures in this Bill and I commend the Bill.
EXCISE AND CUSTOMS LEGISLATION AMENDMENT (STREAMLINING ADMINISTRATION) BILL 2024
The Australian government has a strong commitment to reduce excessive and unnecessary regulation and administrative costs for businesses.
This Bill will deliver significant deregulation benefits for businesses who engage in the manufacture, importation and distribution of fuel and alcohol.
The measures in this Bill, together with amendments to subordinate legislation, implement the remaining elements of the 'Streamlining the administration of fuel and alcohol excise package '.
A first tranche of measures from this package were legislated as part of Treasury Laws Amendment (Refining and Improving our Tax System) Act 2023 and took effect on 1 July 2023.
Those measures have improved reporting arrangements for small businesses by aligning the excise and customs reporting with other indirect taxes, and support innovation in the beer industry by allowing the small-scale sale of 'growlers' from licenced hospitality venues without attracting excise duty and licence obligations.
This Bill implements the remaining measures of the deregulation package.
This Bill will remove unnecessary regulatory touch points by ensuring that businesses dealing with dutiable alcohol or fuel will no longer need to renew their excise or customs warehouse licences which permit the storage of excise equivalent goods (customs EEG warehouse).
In addition, the Bill will provide an immediate and ongoing cash saving for those businesses by removing fees and charges associated with excise and customs EEG warehouse licences.
The licencing process will also be simplified. Business with multiple manufacturing or warehousing sites around Australia, will now be able to apply to consolidate each of their excise and customs EEG warehouse licences into corresponding single 'entity-level' licences. This will allow business to easily apply to add or remove sites from their licence without the need of going through the full onerous licence application process.
A new arrangement that allows freer movement of dutiable goods between licenced sites will be provided. Approved businesses will no longer need to seek regulator permission each time they wish to move or supply their excisable goods to and from other excise licenced businesses or excise-equivalent goods to and from other customs EEG warehouses.
This Bill will also make it easier and timelier for businesses to access information they need, allowing businesses to readily identify licensed entities without having to contact regulators and wait for a reply. This will be achieved by the creation of a new on-line public register of all excise and customs licencees that manufacture, store and warehouse fuel or alcohol products.
Finally, this Bill will remove unnecessary administrative burdens for onshore oil producers by removing the requirement that they hold excise licences, unless the relevant production threshold is exceeded.
The Government is committed to removing unnecessary administrative and compliance burdens for businesses, reducing costs and helping keep prices lower.
This Bill complements the continued support the government currently provides to local brewers and distillers who receive an automatic full remission of any excise duty they would otherwise have paid on the alcohol they produce up to a cap of $350,000 each financial year.
Full details of the measures are contained in the Explanatory Memorandum.
HEALTH INSURANCE LEGISLATION AMENDMENT (ASSIGNMENT OF MEDICARE BENEFITS) BILL 2024
The Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Bill 2024 represents more progress on the Government's commitment to strengthen Medicare for the needs of modern Australia.
This Bill will make critically needed improvements to make it easier for GPs and health professionals to bulk bill their patients, by updating the assignment of benefit process, which underpins bulk billed Medicare services and 'simplified billing'.
This will modernise the assignment of benefits process, bring it into the 21st century and help to further safeguard Medicare from fraud. This upgrade has been sorely needed for many years now. GPs have long complained of an overly complex and onerous paperwork process that is inefficient and holds back productivity.
Since coming into Government, we've invested in measures to help GPs and health professionals deliver the care Australians need. Stopping the slide in the bulk billing rate has been front of mind—and our record investment into bulk billing in last year's Budget has succeeded in that effort—leading to increase bulk billing in every state and territory across the country.
We want to do everything we can to make it easier for patients to be bulk billed and support Australians' access to timely and affordable healthcare.
This Bill will also address simplified billing, which relates to assignments by patients who are privately insured, for hospital or hospital-substitute treatment that is covered by their policy.
In both cases the assignment of benefit enables the right to payment of a Medicare benefit, which is payable for eligible patients, to be transferred to healthcare providers in exchange for zero or low out-of-pocket expenses for the patient.
These amendments are required to protect the integrity of Medicare payments and to reduce the administrative burden of regulatory compliance. The Australian National Audit Office (ANAO), in its 2022-23 Expansion of Telehealth report, also identified the potential incompatibility of 'verbal assignment' for bulk billed telehealth services with current legislation.
The Bill will support the Government's ongoing commitment to bulk billing, complementing the $3.5 billion measure to triple bulk billing incentives in the 2023-24 Budget, and maintain simplified billing to reduce or eliminate out-of-pocket costs for privately insured patients.
Modernising and making assignment of benefit easier for patients and providers will preserve goodwill toward and trust of the Medicare program in its fortieth year and beyond.
In response to industry feedback, amendments under this Bill streamline bulk billing and simplified billing processes. The Bill goes further than telehealth, as the amendments reform assignment of benefit broadly.
One aspect of the Bill is to support more efficient and effective claiming processes (including use of digital technologies) and provide for appropriate protections to ensure the integrity of Medicare for future generations.
The current requirement for an 'approved form' would be replaced with requirements prescribed in regulations, enabling digital solutions that give Government and stakeholders the flexibility to leverage existing interactions with patients, such as appointment booking, patient registration, hospital admission processes and informed financial consent discussions.
For simplified billing, where health insurers and approved billing agents manage claims for patients receiving hospital and hospital-substitute treatment, the bill will make use of health insurance coverage including insurer agreements with hospitals and 'no gap' or 'known gap' arrangements with practitioners.
Specifying requirements in regulations proposed to be made under the bill, subject to consideration by the Governor-General in Council, will have the benefit of future proofing the processes and ensuring they are adaptable as technology advances.
This Bill will enable a patient to assign a Medicare benefit before or after a professional service is rendered. This is a change advocated by key stakeholders, along with capability for enduring assignment agreements in some scenarios.
Amendments are also required to protect and reinforce the integrity of Medicare without introducing unnecessary administrative burden for stakeholders.
Medicare payment integrity will be supported through improving the provision of information relevant to patients' understanding of their treatment and the associated costs including notifying the patient of claims for benefits.
The Bill will also improve record keeping requirements, supporting auditability. The focus will be on flexibly using information already collected by the sector.
Medical industry, hospital and private health insurance stakeholders have voiced support for legislative changes to simplify and modernise the Health Insurance Act 1973 ; to improve transparency for patients while ensuring minimal administrative burden for healthcare providers and insurers.
To conclude, this Bill supports the Medicare Benefits Schedule and modernises and simplifies the assignment of benefits process to provide patients' continued access to timely and subsidised care. Amendments will improve Medicare payment integrity and benefits both patients and providers, ultimately resulting in better healthcare outcomes for Australians. .The Albanese Government is determined to make it easier and cheaper for people to access high quality care where and when they need it.
This Bill will help to deliver this and further strengthen Medicare for the needs of modern Australia.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (MORE SUPPORT IN THE SAFETY NET) BILL 2024
The Social Services and Other Legislation Amendment (More Support in the Safety Net) Bill 2024 delivers targeted assistance to further strengthen Australia's social security safety net.
It builds on the Government's safety net measures in the last Budget, which increased working age and student payments by $40 a fortnight, expanded eligibility for the higher rate of JobSeeker, expanded Parenting Payment Single to parents until their youngest child turns 14, and increased maximum rates of Commonwealth Rent Assistance by 15 per cent.
Together with last year's investments, the measures in this Bill represent an additional $11.5 billion investment in the social security system, providing more assistance to Australians on some of the lowest incomes.
In 2024-25 alone, it is estimated over $143 billion will be spent on social security and family payments.
The Government knows that access to secure and affordable housing has significant social, economic and personal benefits. And in the current context, we recognise many people are still struggling with high rental costs.
That is why, as part of this Bill, the Government will increase Commonwealth Rent Assistance maximum rates by a further 10 per cent, providing recipients with more support to manage rental pressures.
This builds on our increase in the previous Budget, providing the first back-to-back increases to rent assistance in over 30 years.
This further increase means that, combined with indexation, by .20 September 2024, when this measure is due to commence, maximum rates of Rent Assistance will have increased by over 40 per cent since the Albanese Government was elected in May 2022.
And regular indexation will be applied on top, on the same day.
Commonwealth Rent Assistance is the most effective policy lever the Government has to provide immediate, targeted assistance for low income households in private rentals. This latest measure will help address the pressure associated with housing costs for close to a million households.
The second measure delivered by this Bill will extend eligibility for the higher rate of JobSeeker Payment to single recipients who have been assessed as only being able to work less than 15 hours per week due to a physical, intellectual or psychiatric impairment. This higher rate is currently $816.90 per fortnight and goes to single recipients with dependent children and single recipients aged 55 and over who are on payment for 9 or more continuous months.
Through this measure, additional assistance will be targeted to recipients with a significantly reduced capacity to work, recognising the barriers they face to supplement their income support with earnings from work and the financial strain this can create.
This measure will bring around 4,700 additional existing recipients onto the higher rate of JobSeeker Payment, better reflecting their needs and circumstances and supporting them with their daily living costs.
On average, recipients with a partial capacity to work of less than 15 hours remain on payment for almost twice as long as those without a partial capacity to work and are less likely to experience the benefit of work, with only 9 per cent reporting earnings on average each fortnight.
Of those who will benefit from this measure, 36 per cent are women, 34 per cent live in regional and remote Australia and 14 per cent are First Nations people.
Combined with a higher rate of Energy Supplement, these recipients will receive at least an additional $54.90 per fortnight before indexation.
Subject to the passage of this Bill, this measure will commence from 20 September 2024. This is the same day as regular indexation of JobSeeker Payment, which means the actual increase will be higher.
This measure builds on our changes to payments in the last Budget, including the $40 per fortnight base rate increase for working age and student payments and extending the higher rate of JobSeeker Payment to single Australians aged 55 and over who have been on payment long term, down from 60.
Expanding eligibility for the higher JobSeeker rate to these cohorts is designed to strengthen the system, by better targeting support to people based on their age, stage and circumstances.
Since the Government was elected in May 2022, the base single rate of JobSeeker Payment has increased by $120 per fortnight, or 18.7 per cent, providing over $3,100 in additional support each year. This is the largest nominal increase in a two-year period ever and the largest two-year increase in real terms—7.4 per cent, in more than 40 years.
And for those cohorts moving from the base rate to the higher rate, they are over $4,500 a year better off since May 2022.
Alongside this targeted increase in income support, the Government remains committed to our workforce participation agenda.
The third measure of this Bill—to introduce more flexibility for Carer Payment recipients to manage their work commitments and caring responsibilities, aligns with the Government's roadmap in the Employment White Paper to remove barriers to employment and improve workforce participation.
This includes provisions to change the 25 hour per week participation limit for Carer Payment recipients to instead allow up to 100 hours over a 4-week settlement period, effective from 20 March 2025.
Changes will also be made to ensure education and volunteering activities will no longer be counted in the participation limit. Travel time will also be removed through related policy changes.
Currently, Carer Payment can be cancelled if the 25 hour limit per week is exceeded. As well as greater flexibility, this measure also introduces a 6-month suspension period for recipients who work over the new 100 hour limit, meaning if their circumstances change they won't need to reapply to access the Carer Payment. They will also retain their Pensioner Concession Card during this period.
Policy changes will also provide for the use of single Temporary Cessation of Care days for one-off or occasional instances of exceeding the participation hours limit. Currently, carers receive 63 respite days annually—which they can use for any purpose in 7-day blocks. This change means that they can opt to use one day of their 63 day annual allocation, in instances where they only require a single respite day.
Combined, these changes are designed to give carers—who are predominantly women—greater flexibility and choice to structure their work, study or volunteering commitments around their caring responsibilities. This is expected to particularly benefit people who care for those with episodic or fluctuating conditions.
The removal of travel time from the participation limit will particularly assist carers who live in regional and remote areas and are more likely to need to travel further for work.
Around 31,000 Carer Payment recipients currently report employment earnings and may benefit from these changes.
This measure responds to recommendations in the Economic Inclusion Advisory Committee's 2024 Report and the 2020 Productivity Commission Inquiry into Mental Health. The changes have also been called for by stakeholders, advocacy groups and recipients of Carer Payment.
As a result of this Bill:
These measures provide responsible relief, including to some of the most vulnerable in our community, and help to remove barriers to work for carers.
I commend this Bill.
TREASURY LAWS AMENDMENT (DELIVERING BETTER FINANCIAL OUTCOMES AND OTHER MEASURES) BILL 2024
Schedule 1 to the Bill delivers the first tranche of the Delivering Better Financial Outcomes package, the Government's response to the Quality of Advice review.
It amends the Corporations Act 2001 to streamline ongoing fee renewal and consent requirements into a single form, provide more flexibility for advice providers in how financial services guide requirements can be met, simplify the rules banning conflicted remuneration and introduce new consumer consent requirements for certain insurance commissions. This schedule also amends theSuperannuation Industry (Supervision) 1993 andIncome Tax Assessment Act 1997 to provide a clear legal basis for the payment of advice fees from superannuation and associated tax consequences.
These amendments support improved access to affordable financial advice for millions of Australians by cutting onerous red tape that adds to the cost of advice with no benefit to consumers.
The Explanatory Memorandum clarifies that trustees will be able to continue using robust risk-based assurance processes when complying with section 99FA of Superannuation Industry (Supervision) 1993 . Trustees with assurance frameworks that are consistent with existing guidance from the Regulators on paying advice fees from superannuation will be able to continue with their existing practices.
Schedule 2 to the Bill updates the petroleum resource rent tax general anti-avoidance rules so that they align with the more robust approach of the general anti-avoidance provisions contained in Part IVA of the Income Tax Assessment Act 1936 .
Schedule 3 to the Bill amends the Petroleum Resource Rent Tax Assessment Act 1987 to clarify the meaning of the phrase 'exploration for petroleum'. It also clarifies that mining, quarrying or prospecting rights cannot be depreciated for income tax purposes until they are used, not merely held and the circumstances in which the issue of new rights over areas covered by existing rights lead to income tax adjustments.
Schedule 4 to the Bill amends domestic legislation governing Australia's agreements with international financial institutions to automatically incorporate amendments made to the treaties between Australia and these institutions. This reflects modern drafting practises and will avoid administratively burdensome processes, helping Australia honour its commitments to the international financial institutions that we are a member of.
Schedule 5 to the Bill amends various laws in the Treasury portfolio to ensure those laws operate in accordance with policy intent, make minor changes to improve administrative outcomes and remedy unintended consequences, as well as correcting technical and drafting defects.
Schedule 6 to the Bill amends the Income Tax Assessment Act 1997 to make changes to the Location Tax Offset to attract international investment in the Australian screen industry and provide domestic employment and training opportunities.
The Location Tax Offset is a refundable tax offset designed to encourage large-scale film and television productions to film in Australia. These changes increase rate of the Location Tax Offset from 16.5% to 30%.
The minimum qualifying Australian production thresholds will also increase to $20 million and $1.5 million per hour for television series.
To maximise the domestic employment and training opportunities these productions provide in the Australian screen industry, the changes introduce new eligibility criteria, requiring productions to meet the minimum training obligations or contribute to the broader workforce and infrastructure capacity of the sector, as well engage one or more Australian post, digital and visual effects provider to work on the production.
Schedule 6 also introduces an alternative minimum expenditure threshold to the producer tax offset for drama series of $35 million per season in qualifying Australian production expenditure.
This change will allow iconic long-form Australian drama series that film significant numbers of hours over a season to be eligible to access the producer tax offset, where they have not been able to meet the existing per hour expenditure threshold.
Finally, the Legislative and Governance Forum on Corporations and the GST Policy and Administration Sub-group were notified of relevant amendments in this Bill.
Full details of the measure are contained in the Explanatory Memorandum.
TREASURY LAWS AMENDMENT (FINANCIAL MARKET INFRASTRUCTURE AND OTHER MEASURES) BILL 2024
Today I introduce legislation that implements two important reforms.
New mandatory climate reporting requirements for large businesses;
And a new regime to protect our financial market infrastructure in the event of a crisis.
Collectively, these two reforms will help modernise our economy, maximise the economic opportunities in the decades ahead, and build a stronger financial system.
We know we need significant and well-targeted investment to grasp the benefits of the net zero transformation and manage the challenges of climate change.
Australian businesses and investors see the potential to harness demand for renewable energy to broaden and deepen our industrial base;
While at the same time maximising our traditional economic strengths.
But to enable this, and to give investors more clarity we need a robust way to measure progress and manage risk and opportunity.
To make the big, economy-defining improvements we want to see, we need to help investors make the right calls.
And to make the right calls, we need the right information.
That's why today we're introducing legislation mandating corporate climate reporting in Australia.
Our new climate reporting requirements will help Australia maximise the economic opportunities of cleaner, cheaper and more reliable energy;
And better manage climate change risks.
These changes introduce standardised reporting requirements for businesses, to ensure they are making high quality climate-related financial disclosures.
This will support Australia's reputation as an attractive destination for international capital especially when it comes to investment in our energy transformation;
And bring us in line with international standards.
The new climate reporting requirements will commence from 1 January 2025 for Australia's largest listed and unlisted companies and financial institutions.
Other large businesses will be phased in over time.
We know that for some, making climate disclosures for the first time will be challenging.
These lead times and this staggered approach gives companies time to build internal capability and expertise to make high quality climate risk disclosures.
The Government will also provide limited relief from private litigation for a three-year transitional period.
But ASIC can still take action for breaches of the reporting requirements during this period.
These changes will establish Australia's climate risk disclosure framework;
Give investors and companies the transparency, clarity and certainty they need to invest in new opportunities as part of the net zero transformation;
And ensure our economy is working to attract and deploy capital where it's needed.
We have consulted extensively with industry, investors, academics and regulators to ensure we take a balanced approach to mandatory climate disclosure requirements;
And there is broad industry support.
This legislation is part of our broader sustainable finance agenda;
And shows the Albanese Government is responding to the challenge of climate change by maximising the economic opportunities from cleaner, cheaper, more reliable energy.
Today, I also introduce legislation to strengthen regulatory arrangements for Australia's financial market infrastructure.
This legislation gives the RBA the power to step in and quickly resolve crises impacting critical financial market infrastructure and strengthens the RBA and ASIC's regulatory powers.
These powers were first recommended by the Council of Financial Regulators in 2015.
The gap in emergency powers should have been addressed years ago to ensure continuity of clearing and settlement services in the face of a crisis.
It took the previous Government six years to agree to the recommendations—and they never got around to delivering it.
As is the case in so many areas—the Albanese Government is delivering where the former Government failed.
We are acting to implement these important and longstanding recommendations.
The crisis regime has three key elements:
One, giving the RBA the power to ensure stability of clearing and settlement services when a crisis occurs, as well as giving them the regulatory powers to help prevent a crisis in the first place.
This will help maintain critical market functions and protect Australia's financial stability.
While our financial system is resilient, the failure of a clearing and settlement facility would cause significant disruption to Australia's financial markets.
That's why it's important that the RBA has appropriate powers to act quickly and decisively to resolve a crisis.
The Bill contains a range of supporting powers to ensure that the RBA can exercise its crisis powers as effectively as possible;
But only when one or more conditions for resolution are met.
These conditions clearly define the triggers for intervention and draw a distinction between the RBA's crisis powers and its day-to-day regulatory oversight and risk mitigation function.
The Bill also gives the RBA the power to provide up to $5 billion in support to ensure continuity of critical clearing and settlement services if a facility faces a crisis event.
The funds are only intended to be used as a last resort option, where a financial failure threatens the stability of the financial system.
The funds allow the RBA to step in to resolve the business of the clearing and settlement service, they would be recovered after the event;
And can only be used with the approval of the Treasurer and Minister for Finance.
Two, providing greater licencing and supervision powers to ASIC and the RBA to strengthen clearing and settlement facility standards.
Our reforms enhance the regulatory powers of ASIC and the RBA, giving them the tools they need to take decisive action to monitor, mitigate, and reduce risks in our financial markets.
The new powers include notification requirements, the power to issue directions and rule-making powers for clearing and settlement facilities.
It also gives them the power to ban individuals when they are not fit, proper, and competent;
And ensures that changes in control of any financial market infrastructure must be approved by either the Minister or ASIC.
And three, transferring existing ministerial powers for licencing and supervision to ASIC and the RBA.
The majority of these powers are already delegated to ASIC and the RBA.
These changes ensure that day-to-day supervisory powers sit with the regulators, while the Minister will retain broader strategic and governance powers.
This will create a coherent, complete suite of regulatory powers that support strong financial markets.
We urge this chamber to support the climate disclosure and financial market infrastructure reforms we are introducing today.
These reforms will make it easier for businesses to make decisions about investing in the energy economy;
And will modernise and strengthen Australia's financial system.
If we don't act, we risk missing out on capturing the investment opportunities of the energy transition;
And leaving our financial system exposed to potential crises with no way of responding.
We ask that you support these sensible measures which come after a long period of collaboration and consultation.
Full details of the measure are contained in the Explanatory Memorandum.
Payment Times Reporting Amendment Bill 2024
That this bill may proceed without formalities and be read a first time.
That this bill be now read a second time.
At the 2022 election, Labor committed to improving payment times to small businesses, emphasising that payments to small businesses should be made within 30 days.
As part of delivering on that commitment, the Government commissioned Dr Craig Emerson to undertake a review of the Payment Times Reporting Act 2020 .
The Review by Dr Craig Emerson found that in its current form, the Payment Times Reporting Scheme is ineffective.
Which is why this Bill overhauls the Payment Times Reporting Act 2020 to level the playing field and encourages large businesses to treat their small business suppliers fairly.
This is yet another action the Albanese Government is taking to deliver a better deal for small businesses.
Small businesses are the backbone of the Australian economy, employing more than 5 million people and contributing more than $500 billion to the national economy.
Our Government knows how important cash flow and payment times are to small businesses.
For small businesses who supply goods and services to large companies, it's simply unfair for those big corporations to delay paying the invoice.
Imagine walking into your local café, getting a coffee and saying, "I'll pay for that in 90 days."
It's simply unthinkable.
Just as it should be unthinkable for big businesses to create long delays when paying their small business suppliers.
This is a matter of fairness.
Fairness for Australia's small businesses.
And our Government will always back a fair go.
Dr Emerson's Review found that, while the Payment Times Reporting Scheme had merit, certain requirements in the Act impose unnecessary regulatory burdens on reporting entities, compromise the effectiveness of the Regulator, and limit the accuracy and accessibility of the data.
The reforms I introduce today will reduce regulatory burdens for reporting entities with obligations under the Act, incentivise large businesses to improve their payment times and streamline processes and remove inefficiencies in the Act.
These reforms include:
These new reforms will be a shot in the arm for small businesses with faster payment times improving cash flow, alleviating administrative burdens and reducing financing costs.
Better payment times benefit everyone with resulting gains to productivity, supporting higher wages and profits, and expanding employment opportunities.
These reforms are an important part of the Albanese Labor Government's better deal for small business.
We are delivering for small business, helping them to bounce back from challenges and improve their long-term resilience.
Our Budget is helping to ease the pressure on Australia's small businesses by providing more than $640 million in practical and targeted support.
We are extending the $20,000 instant asset write-off, making it easier for small businesses to invest in their business.
We will provide further targeted energy bill relief of $325 to around 1 million eligible small businesses through the Energy Bill Relief Fund, which builds on the up to $650 rebate that is being provided in this financial year.
The Government is investing $18.3 million in two new programs, the cyber health check program and the Small Business Cyber Resilience Service, to help small businesses build their resilience to and bounce back from cyber attacks.
This is in addition to the existing $23.4 million our Government is committing to the Cyber Wardens program delivered by the Council of Small Business Organisations Australia.
We have delivered $18.6 million to help support small businesses adapt and build resilience through digital technology through the latest round of Digital Solutions.
We are strengthening this vital sector by investing an additional $10.8 million to extend access to free mental health and financial counselling support for small business owners.
This new funding builds on the $15.1 million we have already invested in these programs.
We have updated the Commonwealth Procurement Rules, and small businesses are getting a big slice of the $75 billion in contracts the Australian Government spends every year, with a 20% target.
Unfair contract terms are now illegal thanks to our action, so small businesses can negotiate fairer agreements with large partners.
We have responded to Dr Michael Schaper's review of the Franchising Code of Conduct.
Our Government's response will help to ensure a fairer franchising sector by requiring all franchise agreements to provide a reasonable opportunity for franchisees to make a return on their investment and provide greater access to low-cost legal advice if disputes occur.
The Minister has also held three meetings of Small Business Ministers, with a fourth scheduled in June, to ensure all levels of government are working together to support the sector.
These measures sit alongside the Albanese Government's wider agenda that benefit small businesses.
Fee-free TAFE, cheaper childcare, expanded paid parental leave and small business grants for energy efficiency.
The Albanese Government knows small businesses are vital to Australia.
They are at the heart of communities across the country, and they will always be at the heart of this Government's decision making.
The introduction of this legislation today demonstrates this commitment again.
Full details of the measure are contained in the Explanatory Memorandum.
Administrative Review Tribunal Bill 2024
Attorney-General's Portfolio Miscellaneous Measures Bill 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024
Public Service Amendment Bill 2023
Digital ID Bill 2024
Digital ID (Transitional and Consequential Provisions) Bill 2023
Financial Framework (Supplementary Powers) Amendment Bill 2024
Agriculture Legislation Amendment (Modernising Administrative Processes) Bill 2024
National Cancer Screening Register Amendment Bill 2024
Social Services and Other Legislation Amendment (Military Invalidity Payments Means Testing) Bill 2024
Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Bill 2024
Fair Work Amendment Bill 2024
Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Bill 2024
New Vehicle Efficiency Standard Bill 2024
New Vehicle Efficiency Standard (Consequential Amendments) Bill 2024
Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Bill 2023
Treasury Laws Amendment (Tax Accountability and Fairness) Bill 2023
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2024
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024
Administrative Review Tribunal Bill 2024
Attorney-General's Portfolio Miscellaneous Measures Bill 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024
Public Service Amendment Bill 2023
National Health Amendment (Supporting Patient Access to Cheaper Medicines and Other Measures) Bill 2024
… the importance of ensuring that the National Electricity Grid has the capacity to provide a reliable and secure supply of energy to Australians as the economy transitions to new and more dispersed—
methods of generations and storage, and acknowledging that transition will necessarily transgress on agricultural, Indigenous and environmental lands and marine environments …
We will ensure the long-term security of the sector, extending the lifetime of existing plants, and we will get Hinkley Point C over the line. New nuclear power stations, such as Sizewell C, and Small Modular Reactors, will play an important role in helping the UK achieve energy security and clean power while securing thousands of good, skilled jobs.
That the question be now put.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024
You can't move around the corridors of parliament in Canberra without tripping over a coalition minister whispering the scheme is unsustainable. I'm here to tell you today that is a lie.
When we presented rorts, fraud, and unreasonable pricing as posing an existential threat to the NDIS, we were able to create an environment in which respondents were amenable to reforms designed to counter these things—
Our organisations are deeply disappointed that the Senate Committee did not listen to the evidence and expertise of people with disability, our families, supporters and organisations, who made extensive, and detailed submissions about the flaws in the proposed legislation.
We have engaged with the Committee over three hearings and provided substantial evidence and lived experience. People with disability feel a loss of trust in the Parliamentary process that promises to listen to us, as we contemplate significant reform to the services and supports provided through the scheme.
The legislation as it stands will restrict support to some parts of a person's disability, instead of their whole person. People with disability told the Senate Committee about how we do not fit into neat little boxes that can be assessed separately. This is unfair, difficult to implement and will result in significant hardship and harm for people with disability.
…You can't move around the corridors of Parliament in Canberra without tripping over a Coalition Minister whispering the Scheme is unsustainable.
I'm here to tell you today that is a lie.
… when we presented rorts, fraud, and unreasonable pricing as posing an existential threat to the NDIS, we were able to create an environment in which respondents were amenable to reforms designed to counter these things.
In a cost-of-living crisis, the Labor government is choosing to remove $14.4 billion in funding from the NDIS that will lead to disabled people not getting the support they need when they need it.
You can't move around the corridors of Parliament in Canberra without tripping over a Coalition Minister whispering the Scheme is unsustainable.
I'm here to tell you today that is a lie.
Removal of individualised reasonable and necessary supports …
… is a blatant attempt to control the choices that participants make. Choice and control is one of the central pillars of the NDIS and removing it in this way makes it clear that the Government prioritises their bottom line over the wellbeing of the disability community.
… I didn't want to bankrupt the state and I didn't want to put those huge costs onto families. That's why we introduced the Electricity Infrastructure Roadmap, which planned the transition to renewables, backed up by firming and storage, because we know that was the cheapest option for New South Wales. It could be rolled out the quickest and deliver the future that we wanted.
This is not about ideology, this is about outcomes. And the experts tell us, and I agree with them, that if we get this transition right, we can not only put downward pressure on electricity bills for families and businesses right across the country, but we can protect our environment and make our economy even stronger and more prosperous for everyone forever.
What type of national discourse do we want? Are we really willing to make migration and migrants the focus of how we talk about Australia's problems? Have we considered who will suffer if we do?
There is no evidence the approach will work—and significant evidence that it will fail.