The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Universities Accord (Opening the Doors of Opportunity) Bill 2026
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The amendment broadens the purposes for which higher education providers may spend the equity component of their needs-based funding grants. It does not change the provisions determining the amount of those grants or the total proposed expenditure under the standing appropriation. The fact that the grants may be used to support a larger class of persons does not itself increase the amount payable by the Commonwealth.
(1) Schedule 1, item 2, page 9 (line 27), at the end of subsection 30-45(1), add:
; (d) student demand.
(1) Schedule 1, item 59, page 41 (line 23), omit "at the time the person enrols in the unit,".
(1) Schedule 1, item 2, page 6 (line 18) to page 7 (line 28), omit subsection 30-20, substitute:
30-20 Requirements for allocations to Table A providers
Number of places that must be allocated
(1) A *Table A provider's *domestic student profile for a year must be equal to:
(a) if at any time during the year, a mission based compact under Division 2 of Part 3 of the *ATEC Act was in force between the *ATEC and the provider—the sum of:
(i) the *core student load for the provider for the year; and
(ii) the *additional growth allocation (if any) for the provider for the year; or
(b) otherwise—the core student load for the provider for the year.
Places for particular higher education courses
(2) The allocation must not specify that a number of the Commonwealth supported places in the provider's *domestic student profile are for a particular *higher education course or kind of higher education course.
(2) Schedule 1, item 2, page 8 (lines 27 to 32), section 30-30 to be opposed.
(3) Schedule 1, item 5, page 12 (lines 24 and 25), omit "other than *designated higher education courses (see subsection (2))".
(4) Schedule 1, item 5, page 12 (lines 26 and 27), omit paragraph 33-5(1)(b).
(5) Schedule 1, item 5, page 13 (lines 2 and 3), omit " other than designated higher education courses ".
(6) Schedule 1, item 5, page 13 (line 5), omit "other than *designated higher education courses".
(7) Schedule 1, item 5, page 14 (line 13) to page 16 (line 29), omit subsections 33-5(3) to (7), substitute:
(3) If the *number of Commonwealth supported places provided by the provider in *higher education courses during the year exceeds the provider's *domestic student profile for the year, then the amount for those courses is the amount worked out by multiplying:
(a) the provider's *domestic student profile for the year; by
(b) the provider's *average cluster rate for those courses for the year.
(8) Schedule 1, item 6, page 25 (lines 15 and 16), omit "other than *designated higher education courses".
(9) Schedule 1, item 6, page 25 (line 17), omit paragraph 33-15(2)(b).
(10) Schedule 1, item 10, page 26 (lines 1 to 3), to be opposed.
(11) Schedule 1, item 12, page 26 (lines 7 and 8), to be opposed.
(12) Schedule 1, item 31, page 35 (lines 1 and 2), omit the definition of " designated courses profile ".
(1) Schedule 1, item 16, page 29 (lines 20 to 29), omit section 33-39, substitute:
33-39 Default deemed allocation
A higher education provider's default deemed allocation for a year is 105% of the provider's *domestic student profile for the year (rounded up to the nearest whole number).
(1) Schedule 1, item 24, page 33 (line 8), omit "2031", substitute "2030".
(2) Schedule 1, item 59, page 48 (line 24), omit "2031", substitute "2030".
(3) Schedule 1, item 59, page 48 (line 25), omit " review ", substitute "evaluation ".
(1) Schedule 1, item 16, page 29 (line 14), after "consecutive years", insert "ending immediately".
(1) Schedule 1, item 2, page 4 (line 14), omit "1 July", substitute "1 June".
(1) Schedule 1, item 59, page 43 (line 8), after "that class", insert ", which must not be less than 1".
(2) Schedule 1, item 59, page 45 (line 24), after "Grants Guidelines", insert ", which must not be less than 0.5".
(1) Schedule 1, item 59, page 47 (lines 2 to 17), omit section 39-65, substitute:
39-65 Conditions on grants
A higher education provider receives a grant under this Part on the following conditions:
(a) that the provider complies with section 39-70 (providers to use amounts for certain purposes);
(b) that the provider meets the [ *] quality and accountability requirements;
(c) the conditions (if any) specified in the Needs-based Funding Grants Guidelines.
(1) Schedule 1, item 22, page 31 (line 24), omit "Providers", substitute "Medical course providers".
(2) Schedule 1, item 22, page 31 (lines 25 to 27), omit subsection 36-65(1), substitute:
(1) This section applies in relation to a higher education provider that has a *medical courses profile for a year.
(1A) The Minister may, in writing, determine conditions that a specified higher education provider must comply with in relation to *medical courses provided by the provider, for the purposes of this Division.
(3) Schedule 1, item 22, page 32 (line 2), omit "subsection (1)", substitute "subsection (1A)".
(4) Schedule 1, item 22, page 32 (line 18), omit "subsection (1)", substitute "subsection (1A)".
(5) Schedule 1, item 22, page 32 (line 20), omit "subsection (1)", substitute "subsection (1A)".
(6) Schedule 1, item 37, page 35 (before line 22), before the definition of medical courses profile , insert:
medical courses has the meaning given by section 30-70.
(1) Schedule 1, item 2, page 9 (line 16), after "account", insert "and publish".
(2) Schedule 1, item 2, page 9 (line 29), at the end of section 30-45, add:
Statement to be published
(3) The *ATEC must, as soon as practicable after the ATEC has allocated the total number of Commonwealth supported places specified in a *total allocation pool determination for a year, publish on the ATEC's website a summary of the matters the ATEC took into account when allocating those places for the year.
(1) Schedule 2, item 15, page 56 (line 27), omit "a course", substitute "courses".
(1) Schedule 1, item 2, page 4 (after line 10), after subsection 30-5(1), insert:
(1A) The total number of Commonwealth supported places specified for a year must be equal to or greater than the total number specified in the most recent total allocation pool determination.
(2) Schedule 1, item 2, page 4 (lines 24 to 29), omit paragraph 30-5(4)(b), substitute:
(b) if the year is 2028 or a later year—the number of Commonwealth supported places specified in the most recent total allocation pool determination.
(3) Schedule 1, item 59, page 47 (lines 21 to 26), omit subsection 39-70(2), substitute:
Total equity component
(2) The higher education provider must spend an amount of the grant that is equal to or greater than the *total equity component for the provider for the year on the following activities:
(a) activities that are primarily for the purposes of supporting *eligible equity students to access, participate in and complete *eligible equity courses;
(b) activities that are primarily for the purposes of supporting persons mentioned in paragraph 39-25(1)(b) to access eligible equity courses.
(4) Schedule 1, item 67, page 51 (after line 12), at the end of subsection 41-45(2), add:
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5) Schedule 1, item 67, page 51 (lines 13 to 14), omit subsection 41-45(3), substitute:
(3) A determination under subsection (2) for a year:
(a) must be made before the start of that year; and
(b) may only be varied before the end of that year.
(6) Schedule 1, item 67, page 51 (lines 15 to 16), omit subsection 41-45(4).
PARLIAMENTARY COUNSEL
Universities Accord (Opening the Doors of Opportunity) Bill 2026 HG147
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (3)
The effect of this amendment is to allow for higher education providers who will receive a certain grant under the Higher Education Support Act 2003 to spend part of the grant in relation to a larger class of persons. This will change the destination of money appropriated, which will increase a burden in relation to an appropriation.
Universities Accord (Opening the Doors of Opportunity) Bill 2026 . SHEET HG147
Statement by the Clerk of the Senate pursuant .to the order of the Senate of 26 June 2000
Amendment (3)
According to the statement of reasons for the government amendments on sheet HG147, amendment (3) is covered by section 53 of the Constitution because it "will change the destination of money appropriated, which will increase a burden in relation to an appropriation". This does not accord with the precedents of the Senate.
The third paragraph of section 53 provides that:
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
This has relevantly been taken to mean that the Senate may not amend a bill to increase the proposed expenditure under a standing appropriation. The amendment in question does not have that effect.
The amendment broadens the purposes for which higher education providers may spend the equity component of their needs-based funding grants. It does not change the provisions determining the amount of those grants or the total proposed expenditure under the standing appropriation. The fact that the grants may be used to support a larger class of persons does not itself increase the amount payable by the Commonwealth.
It is therefore in accordance with the precedents of the Senate for the amendment to be treated as an amendment, rather than a request. This is the same approach that the Senate took in relation to the Northern Australia Infrastructure Facility Bill 2016 and the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024.
In the 2024-25 Budget, there was sufficient funding for 2025 and 2026 to fully fund more CSPs than delivered in 2024. Since that time, funding for the 2025 and 2026 years has been reduced by more than $1 billion (around $550m less for 2025 and $470m less for 2026).
Most of the downward variation in estimated CGS expenditure for CSPs appears to have occurred as estimates variations, rather than as 'measures' identified in Budget documentation.
(1) Schedule 1, item 16, page 28 (lines 19 to 22), omit the definition of over-enrolled places , substitute:
over-enrolled places means:
(a) the number of places worked out under subsection (3); or
(b) if the provider is a *transitioning Table A provider—the number of places worked out under subsection (4);
reduced by the adjustment determined under subsection (6).
(2) Schedule 1, item 16, page 29 (after line 19), at the end of section 33-38, add:
(6) For the purposes of the definition of over-enrolled places , the ATEC must:
(a) consider the provider's student retention rate; and
(b) inform the provider, in writing, of the adjustment that the ATEC proposes to determine for the provider under this subsection; and
(c) invite the provider to make a submission, in writing, to the ATEC in relation to the proposed adjustment within 30 days after the giving of the invitation; and
(d) after the earlier of the following:
(i) receiving the provider's submission (if any);
(ii) the end of the period of 30 days after the giving of the invitation;
determine, in writing, an adjustment for the provider for the reference year.
(7) The ATEC must consider any submissions made by the provider in accordance with an invitation given under subsection (6).
(8) An adjustment under subsection (6) may be zero.
(3) Schedule 1, item 16, page 29 (line 22), omit "lesser of", substitute "greater of".
The committee divided. [10:49]
(The Chair—Senator Brockman)
(1) Schedule 1, item 59, page 41 (after line 24), after subparagraph (1)(b)(ii), insert:
(iia) immediately before the person enrolled in the *eligible equity course, the person's usual place of residence was in a *high priority area;
When performing functions and exercising powers, the ATEC and the ATEC Commissioners must have regard to the National Tertiary Education Objective …
The committee divided. [11:19]
(The Chair—Senator Brockman)
SHEET 4029
(1) Schedule 1, item 22, page 31 (line 22) to page 32 (line 21), omit the item, substitute:
22 Section 36-65
Repeal the section.
_____
SHEET 4032
(1) Schedule 2, item 15, page 56 (line 16), omit "that are Table A or Table B providers".
(2) Schedule 2, item 15, page 57 (line 25), omit "must consult certain providers", substitute "must consult providers".
(3) Schedule 2, item 15, page 58 (line 19), omit "that is a Table A or Table B provider".
_____
SHEET 4033
(1) Page 63 (after line 13), after Schedule 3, insert:
Schedule 3A — Amendment relating to National Tertiary Education Objective
Universities Accord (Australian Tertiary Education Commission) Consequential and Transitional Provisions) Act 2026.
1 Subsection 13(1)
Omit the subsection, substitute:
(1) The National Tertiary Education Objective is the objective for tertiary education in Australia to:
(a) develop a world-class tertiary education sector that drives excellence in teaching and learning; and
(b) deliver world-leading research and scholarship, particularly in strategic areas of national significance; and
(c) improve productivity by developing a highly skilled, adaptable and productive workforce; and
(d) establish close links between tertiary education providers, industry and business to strengthen student outcomes and support innovation across the economy; and
(e) deliver positive student experiences across the tertiary education sector; and
(f) promote competition and innovation across the tertiary education sector; and
(g) support Australian values, including equality of opportunity, the rule of law, and Western liberal democratic traditions; and
(h) drive efficiency across the sector to provide value for money for students and the Australian taxpayer; and
(i) reduce regulatory burdens on the tertiary education sector where practicable.
_____
SHEET 4036
(1) Schedule 1, item 2, page 10 (line 5), at the end of section 30-50, add:
; and (c) the criteria used by the *ATEC in determining each allocation made under subsection 30-15(1) or (1A) for a year.
_____
SHEET 4107
(1) Schedule 1, item 59, page 42 (line 4), after "undergraduate course of study", insert "or a postgraduate course of study".
The committee divided. [11:28]
(The Chair—Senator Brockman)
(1) Clause 2, page 2 (table item 5), omit "Schedules 2 to 4", substitute "Schedules 2 to 5".
(2) Page 68 (after line 17), at the end of the Bill, add:
Schedule 5 — Amendments relating to antisemitism in higher education
Australian Research Council Act 2001
1 Section 4
Insert
antisemitism : see section 4A.
2 At the end of Part 1
Add:
4A Meaning of antisemitism
antisemitism means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
Note 1: Manifestations of antisemitism might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic. Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for "why things go wrong." It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits.
Examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to the following:
(a) calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;
(b) making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective—such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;
(c) accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;
(d) denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);
(e) accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;
(f) accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;
(g) denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavour;
(h) applying double standards by requiring of it a behaviour not expected or demanded of any other democratic nation;
(i) using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis;
(j) Drawing comparisons of contemporary Israeli policy to that of the Nazis;
(k) holding Jews collectively responsible for actions of the state of Israel.
Note 2: The definition in this section, and the material in Note 1, is taken from the International Holocaust Remembrance Alliance's working definition of antisemitism, as published as at 14 December 2025 on the Alliance's website (http://holocaustremembrance.com).
3 After paragraph 49( 2)( eb )
Insert:
(ec) require that the organisation, and each researcher involved in the research project concerned, must not promote, enable or amplify antisemitism; and
4 At the end of section 58
Add:
(3) Without limiting subparagraph (1)(a)(i) or subsection (2), the eligibility criteria must include that an application must not relate to an organisation, research program or research project that promotes, enables or amplifies antisemitism.
(4) Without limiting subparagraph (1)(a)(iv), the rules must deal with any other matters that the Board considers appropriate to ensure that financial assistance to an organisation under a funding agreement is not used to promote, enable or amplify antisemitism.
5 Transitional provision — variation of funding approvals
A funding approval made under section 48 of the Australian Research Council Act 2001 that is in force when this item commencesis revoked, by force of this item, at the end of the 6-month period beginning at that time unless the approval is varied, before the end of that period, to require that the relevant organisation, and each researcher involved in the research project concerned, must not promote, enable or amplify antisemitism.
Tertiary Education Quality and Standards Agency Act 2011
6 Section 5
Insert
antisemitic means the conduct of expressing antisemitism.
antisemitism : see section 5A.
7 After section 5
Insert:
5A Meaning of antisemitism
antisemitism means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
Note 1: Manifestations of antisemitism might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic. Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for "why things go wrong." It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits.
Examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to the following:
(a) calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;
(b) making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective—such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;
(c) accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;
(d) denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);
(e) accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;
(f) accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;
(g) denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavour;
(h) applying double standards by requiring of it a behaviour not expected or demanded of any other democratic nation;
(i) using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis;
(j) Drawing comparisons of contemporary Israeli policy to that of the Nazis;
(k) holding Jews collectively responsible for actions of the state of Israel.
Note 2: The definition in this section, and the material in Note 1, is taken from the International Holocaust Remembrance Alliance's working definition of antisemitism, as published as at 14 December 2025 on the Alliance's website (http://holocaustremembrance.com).
8 Paragraph 24(a)
Omit "31", substitute "31A".
9 After section 31
Insert:
31A Condition — preventing, combatting and responding to antisemitism
(1) A registered higher education provider must adopt and implement for all purposes the definition of antisemitism in this Act.
(2) A registered higher education provider must ensure the provider prevents, combats and responds to antisemitism.
(3) Without limiting subsection (2), a registered higher education provider must take appropriate steps to:
(a) recognise the specific and unique nature of antisemitism; and
(b) understand how antisemitism manifests in modern times; and
(c) publicly reject antisemitism in all its forms; and
(d) put in place adequate arrangements to deal with antisemitism on campus, after appropriate consideration of:
(i) the adequacy of their policies and rules, and the nature and extent of their enforcement of these policies and rules; and
(ii) their disciplinary procedures and complaints handling processes; and
(iii) any differences between their approach to antisemitism and other forms of discrimination; and
(e) put in place adequate arrangements for the security and safety of Jewish students, academics, staff and visitors, including for:
(i) physical safety; and
(ii) the display of cultural and religious symbols; and
(iii) barring or expelling people from campus for antisemitic activity; and
(f) adopt and implement policies and procedures to prevent academics, staff and students from engaging in:
(i) de facto boycotts against collaborations with Jewish or Israeli academics, institutions, students or staff; or
(ii) any other antisemitic discrimination or vilification; and
(g) take steps to ensure that antisemitic content is not included in course and teaching materials, or delivered during lectures, tutorials and other classes; and
(h) provide adequate support arrangements for academics, staff and students experiencing antisemitism on or off campus.
10 After subsection 58(1)
Insert:
(1A) Without limiting subsection (1), the Threshold Standards must include standards against which the compliance of a registered higher education provider with the condition of registration in section 31A can be assessed.
11 Application provision — registered higher education providers
Section 31A of the Tertiary Education Quality and Standards Agency Act 2011 , as inserted by this Schedule, applies in relation to registered higher education providers whether registered before or after the commencement of this item.
The committee divided. [11:36]
(The Chair—Senator Brockman)
SHEET 4096
(1) Clause 2, page 2 (after table item 4), insert:
(2) Page 52 (after line 11), after Schedule 1, insert:
Schedule 1A — Amendments relating to Table B providers
Higher Education Support Act 2003
1 Subsection 16-20(1) (table)
Before:
insert:
2 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Schedule.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
_____
SHEET 4106
(1) Schedule 1, item 59, page 44 (line 21), omit "administered or delivered", substitute "delivered (by any mode)".
(2) Schedule 1, item 59, page 44 (after line 27), at the end of subsection (1), add:
Note: For example, the mode of delivery of a unit may be online or face-to-face, or both.
(3) Schedule 1, item 59, page 45 (lines 1 to 6), omit subsection (4), substitute:
(4) An area is a high priority area if it is a Remoteness Area categorised under the *ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 68 (after line 17), at the end of the Bill, add:
Schedule 5 — Amendments relating to the publication of the average income of graduates
Higher Education Support Act 2003
1 After section 36-65
Insert:
36-67 Providers to comply with regulations under section 238-1B
A higher education provider must comply with requirements prescribed by regulations made for the purposes of section 238-1B (publication of average income of relevant graduates) to the extent (if any) to which the requirements are applicable to the higher education provider.
2 After section 238-1A
Insert:
238-1B Publication of average income of relevant graduates
(1) The regulations must establish a scheme to facilitate the publication of information about the average taxable income, for an income year, of relevant graduates:
(a) 2 income years after graduating; and
(b) 5 income years after graduating; and
(c) 10 income years after graduating.
(2) Without limiting subsection (1), the regulations may provide for and in relation to the following:
(a) the publication of information about the average taxable income, for an income year, of relevant graduates who have completed a specified *course of study at a specified higher education provider;
(b) the publication of information about the average taxable income, for an income year, of relevant graduates who have received a specified class of *higher education award from a specified higher education provider.
(3) The regulations may require, in prescribed circumstances, a higher education provider to publish, on the higher education provider's website, information about the average taxable income, for an income year, of relevant graduates who have undertaken a *course of study with that higher education provider.
(4) The regulations may require a higher education provider to give to the *Commissioner information (including *personal information) that is in its possession relating to students that the *Commissioner reasonably requires for the purposes of a scheme established for the purposes of subsection (1).
(5) In this section:
graduate meansobtain a *higher education award.
relevant graduate has the meaning prescribed by the regulations.
The committee divided. [11:46]
(The Chair—Senator Brockman)
SHEET 4064
(1) Schedule 1, item 22, page 31 (line 22) to page 32 (line 21), omit the item, substitute:
22 Section 36-65
Repeal the section.
_____
SHEET 4065
(1) Schedule 2, item 15, page 57 (lines 5 to 10), omit subsection 46B(3), substitute:
Determinations must not specify particular matters
(3) The matters specified in an international allocation pool determination:
(a) must not apply to a particular ESOS registered higher education provider; and
(b) must be limited to system-wide considerations that apply to all ESOS registered higher education providers.
(3A) To avoid doubt, in making an international allocation pool determination, the Minister must not:
(a) direct the ATEC to allocate a number of international student places to a particular ESOS registered higher education provider; or
(b) specify a number of overseas students that may commence a particular higher education course or kind of higher education course; or
(c) otherwise determine an allocation by the ATEC for a particular ESOS registered higher education provider.
(2) Schedule 2, item 15, page 57 (lines 15 to 19), omit subsection 46B(5).
_____
SHEET 4066
(1) Schedule 2, item 15, page 57 (after line 10), after subsection 46B(3), insert:
(3A) However, if the Minister varies an international allocation pool determination:
(a) the varied determination must not specify matters that apply to a particular ESOS registered higher education provider; and
(b) the matters specified in the varied determination must be limited to system-wide considerations that apply to all ESOS registered higher education providers.
(2) Schedule 2, item 15, page 59 (after line 18), after subsection 46E(1), insert:
(1A) However, the Minister must not direct the ATEC to vary the allocation.
(3) Schedule 2, item 15, page 59 (before line 19), before subsection 46E(2), insert:
(1B) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1).
(4) Schedule 2, item 15, page 59 (lines 19 to 23), omit subsection 46E(2), substitute:
(2) The direction may specify:
(a) matters that the ATEC may take into account when considering whether to vary the allocation; and
(b) matters that the ATEC may comply with if the ATEC varies the allocation as a result of the direction.
(3) However:
(a) the direction must not specify matters that apply to a particular ESOS registered higher education provider; and
(b) the matters specified in the direction must be limited to system-wide considerations that apply to all ESOS registered higher education providers.
(4) To avoid doubt, the ATEC is not required to vary an allocation as a result of the direction.
(5) Schedule 2, page 60 (after line 27), after item 15, insert:
15A Subsection 71(1) (note)
Repeal the note.
15B After subsection 71(1)
Insert:
(1A) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (1).
_____
SHEET 4068
(1) Schedule 1, item 2, page 10 (line 10), omit "in writing", substitute "by legislative instrument".
(2) Schedule 1, item 2, page 10 (after line 15), after subsection 30-55(2), insert:
Allocation must not cap places for Indigenous students
(2A) The Minister, in making an allocation under subsection (1), must not impose a limit on the number of the Commonwealth supported places in a provider's *demand driven courses profile that can be provided by the provider in respect of *Indigenous persons.
(3) Schedule 1, item 2, page 10 (lines 27 and 28), omit subsection 30-55(4).
(4) Schedule 1, item 2, page 11 (after line 5), after paragraph 30-60(1)(a), insert:
(aa) a course of study that:
(i) is undertaken by an Indigenous person; and
(ii) is a *postgraduate course of study; and
(iii) is not a course of study in medicine;
(5) Schedule 1, item 2, page 11 (line 22), omit "in writing", substitute "by legislative instrument".
(6) Schedule 1, page 12 (after line 3), after subsection 30-65(4), insert:
Allocation must not cap places for Indigenous students
(4A) The Minister, in making an allocation under subsection (1), must not impose a limit on the number of the Commonwealth supported places in a provider's *medical courses profile that can be provided by the provider in respect of *Indigenous persons.
(7) Schedule 1, item 2, page 12 (lines 4 and 5), omit subsection 30-65(5).
_____
SHEET 4069
(1) Schedule 1, item 2, page 4 (after line 10), after subsection 30-5(1), insert:
Total number of places must not decrease
(1A) However, the Minister must not make a *total allocation pool determination that specifies a total number of Commonwealth supported places for a specified year that is lower than the total number of Commonwealth supported places specified in the total allocation pool determination for the previous year (a negative determination ).
(1B) Despite subsection (1A), the Minister may make a negative determination if the Minister is satisfied, on reasonable grounds, that exceptional circumstances exist.
(1C) If the Minister makes a negative determination, the explanatory statement (within the meaning of the Legislation Act 2003 ) for the determination must include:
(a) a description of:
(i) the exceptional circumstances giving rise to the negative determination; and
(ii) the anticipated duration of the exceptional circumstances; and
(b) evidence for the exceptional circumstances.
(2) Schedule 1, item 2, page 5 (lines 24 and 25), omit paragraphs 30-5(9)(a) and (b), substitute:
(a) a *total allocation pool determination that is not a negative determination; or
(b) a variation of a total allocation pool determination that is not a variation of a negative determination.
Note: To avoid doubt, section 42 (disallowance) of the Legislation Act 2003 applies to a negative determination and a variation of a negative determination.
_____
SHEET 4070
(1) Schedule 1, item 2, page 7 (line 30) to page 8 (line 14), omit subsections 30-25(1) and (2), substitute:
Core student load
(1) The core student load for a *Table A provider for a year (thereference year ) is the number of Commonwealth supported places that is:
(a) if the reference year is 2027—the *number of Commonwealth supported places (rounded up to the nearest whole number) provided by the provider in *higher education courses during the most recent year for which, as at immediately before the reference year, there was *verified student data for any higher education provider; or
(b) if the reference year is 2028 or a later year—the greater of the following:
(i) the provider's *domestic student profile for the immediately preceding year;
(ii) the *number of Commonwealth supported places (rounded up to the nearest whole number) provided by the provider in *higher education courses during the most recent year for which, as at the time the *ATEC first made an allocation under subsection 30-15(1) for the reference year, there was *verified student data for any higher education provider.
_____
SHEET 4072
(1) Schedule 1, item 2, page 11 (lines 28 to 33), omit subsections 30-65(2) and (3), substitute:
(2) The Minister may make the allocation by specifying a whole number of places.
(2) Schedule 1, item 2, page 12 (after lines 3), after subsection 30-65(4), insert:
Minimum number of places that may be allocated
(4A) The *medical courses profile for a year (the reference year ) for a provider mentioned in subsection (1) must be no less than:
(a) if no allocation has previously been made to the provider under subsection (1)—the *number of Commonwealth supported places provided by the provider in *medical courses during the most recent year for which, as at immediately before the reference year, there was *verified student data for the provider; or
(b) otherwise—the higher of:
(i) the provider's medical courses profile for the most recent year for which such an allocation was made; and
(ii) the *number of Commonwealth supported places provided by the provider in *medical courses during the most recent year for which, as at immediately before the reference year, there was *verified student data for the provider.
_____
SHEET 4073
(1) Schedule 1, item 59, page 41 (lines 23 and 24), omit subparagraph 39-25(1)(b)(ii), substitute:
(ii) at the time the person enrolled with the provider, or in the unit, the person was from a *low socioeconomic background;
_____
SHEET 4075
(1) Schedule 1, item 59, page 41 (line 14), omit "all", substitute "both".
(2) Schedule 1, item 59, page 41 (line 18), omit subparagraph 39-25(1)(a)(ii).
(3) Schedule 1, item 59, page 41 (line 31) to page 42 (line 8), omit subsection 39-25(3).
(4) Schedule 1, item 59, page 42 (lines 15 and 16) omit "an *eligible equity course", substitute "a *course of study".
(5) Schedule 1, item 59, page 47 (lines 21 to 26), omit subsection 39-70(2), substitute:
Total equity component
(2) The higher education provider must spend an amount of the grant that is equal to or greater than the *total equity component for the provider for the year on activities that are primarily for either or both of the following purposes:
(a) supporting *eligible equity students to access, participate in and complete *courses of study;
(b) supporting under-represented students to access, participate in and complete courses of study.
(6) Schedule 1, item 59, page 48 (line 4), omit "either or both", substitute "any".
(7) Schedule 1, item 59, page 48 (line 9), at the end of subsection 39-70(4), add:
; (c) supporting under-represented students to access, participate in and complete courses of study.
(8) Schedule 1, item 59, page 48 (after line 17), at the end of section 39-70, add:
Under represented students
(7) For the purposes of paragraph (2)(b) and (4)(c), the ATEC may determine, in writing, that a student, or a student in a class of students, is an under-represented student .
(8) In making a determination under subsection (7), the ATEC must:
(a) consult with higher education providers; and
(b) consider the need to improve the following:
(i) student outreach;
(ii) aspiration-building;
(iii) access to higher education;
(iv) participation and retention of existing students.
(9) Schedule 1, item 66, page 49 (lines 23 and 24), omit the definition of eligible equity course in subclause 1(1) of Schedule 1.
(10) Schedule 3, page 62 (after line 21), after item 3, insert:
3A At the end of subsection 29(4)
Add:
; (c) include terms that require publication of the following:
(i) total expenditure under a grant under Part 2-2B of the Higher Education Support Act 2003 for a year for the purposes of paragraph 39-70(2)(b) and (4)(c) of that Act;
(ii) outcomes as a result of that expenditure.
_____
SHEET 4076
(1) Schedule 1, item 59, page 47 (line 24), omit "for the year".
(2) Schedule 1, item 59, page 47 (after line 26), insert:
Note: The amount may be spent in the year the grant is received or a later year: see subsections (6) to (10).
(3) Schedule 1, item 59, page 48 (line 4), omit "for the year".
(4) Schedule 1, item 59, page 48 (after line 9), insert:
Note: The amount may be spent in the year the grant is received or a later year: see subsections (6) to (10).
(5) Schedule 1, item 59, page 48 (lines 14 to 17), omit subsection 39-70(6), substitute:
Rollover of grant amounts
(6) If a higher education provider does not spend either or both of the amounts referred to in subsections (2) and (4) (the unspent amount ) before the end of the year, then the unspent amount is taken to be granted to the body under this section in respect of
(a) the next following year; or
(b) a period determined by the Secretary under subsection (9).
(7) The amount taken to be granted under subsection (6) is taken to be granted for the same purpose as the original grant.
(8) The grant taken to be made under subsection (6) is taken to be made under the same conditions as the conditions of the original grant—except the grant is taken to be made in respect of the next following year or the period (if any) determined by the Secretary under subsection (9).
(9) For the purpose of paragraph (6)(b) the Secretary may, in writing, determine a period in respect of which an unspent amount is taken to have been granted to the body.
(10) The Secretary may, in writing, determine reporting requirements for the purposes of this section.
_____
SHEET 4077
(1) Schedule 2, item 15, page 56 (line 4), omit "a period", substitute "a calendar year".
(2) Schedule 2, item 15, page 56 (line 6), omit "the period", substitute "the year".
(3) Schedule 2, item 15, page 56 (line 9), omit "the period", substitute "the year".
(4) Schedule 2, item 15, page 56 (lines 25 to 33), omit subsection 46B(1), substitute:
(1) The Minister may, by legislative instrument, make a determination (an international allocation pool determination ) specifying:
(a) the number of overseas students that may commence a course of education with ESOS registered higher education providers during a specified calendar year; and
(b) matters that the ATEC must comply with in relation to making an allocation for the year.
Note: The Minister may vary an international allocation pool determination (see subsection 33(3) of the Acts Interpretation Act 1901 ).
When determinations must be made
(1A) The Minister must make an international allocation pool determination:
(a) for 2027—before 1 January 2027; and
(b) for 2028 or a later year—before 30 June in the immediately preceding year.
(1B) To avoid doubt, if an international allocation pool determination has not been made for a calendar year (the current year ), the international allocation pool determination for the previous calendar year applies for the current year until a new international allocation pool determination has been made.
(5) Schedule 2, item 15, page 57 (line 4), omit "the period", substitute "the year".
(6) Schedule 2, item 15, page 57 (line 22), omit "a period", substitute "a calendar year".
(7) Schedule 2, item 15, page 57 (line 24), omit "the period", substitute "the year".
(8) Schedule 2, item 15, page 57 (line 32), omit "a period", substitute "a calendar year".
(9) Schedule 2, item 15, page 57 (line 33), omit "the period", substitute "the year".
(10) Schedule 2, item 15, page 58 (lines 3 and 4), omit "the period", substitute "the year".
(11) Schedule 2, item 15, page 58 (line 7), omit "a period", substitute "a calendar year".
(12) Schedule 2, item 15, page 58 (line 9), omit "that period", substitute "that year".
(13) Schedule 2, item 15, page 58 (line 26), omit "a period", substitute "a calendar year".
(14) Schedule 2, item 15, page 58 (line 28), omit "that period", substitute "that year".
(15) Schedule 2, item 15, page 59 (line 14), omit "the period", substitute "the year".
(16) Schedule 2, item 15, page 59 (line 26), omit "the period", substitute "the year".
(17) Schedule 2, item 15, page 59 (line 31), omit "a period", substitute "a calendar year".
(18) Schedule 2, item 15, page 59 (line 32), omit "that period", substitute "that year".
_____
SHEET 4078
(1) Schedule 2, item 15, page 60 (after line 27), at the end of Part 4A, add:
46G Independent evaluation
(1) The Minister must cause an independent evaluation to be conducted of the operation of the amendments made to this Act by Schedule 2 to the Universities Accord (Opening the Doors of Opportunity) Act 2026 .
(2) Without limiting subsection (1), the evaluation must consider the impact of the amendments on the following:
(a) autonomy;
(b) transparency;
(c) regional impacts;
(d) visa processing;
(e) sustainability;
(f) student choice;
(g) administrative burdens.
Timing of evaluation
(3) The persons conducting the evaluation must commence the evaluation within two years of the commencement of this section.
Consultation requirement
(4) The persons conducting the evaluation must undertake appropriate consultation
Minister to be given report of review
(5) The persons conducting the evaluation must give the Minister a written report of the evaluation within six months of commencing the evaluation.
Tabling
(6) The Minister must cause a copy of the report of the evaluation to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
Government response to recommendations
(7) If the report sets out one or more recommendations to the Commonwealth Government:
(a) the Minister must cause a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and
(b) within 30 days of tabling the report of the review in a House of the Parliament, the Minister must table a copy of the statement in each House of the Parliament.
_____
SHEET 4079
(1) Schedule 1, item 16, page 30 (after line 27), after subsection 33-39A(4), insert:
(4A) The *ATEC may amend a determination under subsection (4) to specify a higher whole number of Commonwealth supported places in relation to a specified *transitioning Table A provider and a specified year if *verified student data shows an excess in the *number of Commonwealth supported places provided by the provider during the year was caused by unanticipated demand, changed enrolment patterns, improved retention or progression, data correction or circumstances beyond the provider's control.
(4B) Subsection (4A) limits the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a determination under subsection (4).
(4C) A *transitioning Table A provider may, in writing, request the *ATEC to amend a determination under subsection (4) in accordance with subsection (4A).
(4D) If a provider makes a request under subsection (4C), the *ATEC must consider the request and decide:
(a) to accept the request; or
(b) refuse the request.
(4E) If the *ATEC refuses a request under paragraph (4D)(b), the ATEC must give the provider written reasons for the refusal.
(2) Schedule 1, page 33 (after line17), after item 26, insert:
26A Section 206-1 (after table item 1ABA)
Insert:
_____
SHEET 4080
(1) Schedule 1, item 2, page 9 (line 31), before "The *ATEC", insert "(1)".
(2) Schedule 1, item 2, page 10 (after line 2), after paragraph 30-50(a), insert:
(aa) the criteria, reasons, relative weightings, data, methodology, material assumptions or constraints proposed to be used by the ATEC in determining allocations under subsection 30-15(1) or (1A) for a year; and
(ab) the criteria, reasons, relative weightings, data, methodology, material assumptions or constraints used by the ATEC in determining each allocation made under subsection 30-15(1) or (1A) for a year; and
(3) Schedule 1, item 2, page 10 (after line 5), at the end of section 30-50, add:
(2) The *ATEC must redact the following information from the website:
(a) *personal information;
(b) information that is commercial-in-confidence.
(3) However, if the *ATEC redacts information under subsection (2), the ATEC must ensure that a meaningful summary is available on the website.
_____
SHEET 4081
(1) Schedule 1, item 2, page 9 (line 27), at the end of subsection 30-45(1), add:
; (d) the provider's mission;
(e) the provider's financial sustainability;
(f) the provider's continuing-student capacity;
(g) each Remoteness Area categorised under the *ABS Remoteness Structure from which the provider administers or delivers units of study;
(h) the quality and outcomes of the provider's services;
(i) student demand in relation to the provider;
(j) the total *equity component for the provider for the year;
(k) the provider's contribution to supporting *eligible equity students and other under-represented students to access, participate in and complete *courses of study;
(l) the provider's contribution to Australia's skills needs;
(m) alternative local provision (if any);
(n) overall system diversity and sustainability.
_____
SHEET 4083
(1) Schedule 1, item 2, page 8 (after line 26), at the end of section 30-25, add:
Publication of determinations and statement of reasons
(6) The *ATEC must publish each determination made under subsection (2) and (4) on the ATEC's website as soon as practicable after it is made.
(7) A determination published under subsection (6) must be accompanied by a written statement of reasons, including the following information:
(a) an explanation of the purpose and operation of the determination;
(b) the power under which the determination was made;
(c) the factors taken into account by the *ATEC in making the determination, including any relevant statutory criteria;
(d) whether the determination is reviewable and the avenues for review (if any);
(e) whether the determination was made by a delegate of the *ATEC;
(f) any other information the *ATEC considers relevant.
(2) Schedule 1, item 2, page 12 (line 10), before "The Minister", insert "(1)".
(3) Schedule 1, item 2, page 12 (after line 14), at the end of section 30-75, add:
(2) An allocation published under subsection (1) must be accompanied by a written statement of reasons, including the following information:
(a) an explanation of the purpose and operation of the allocation;
(b) the power under which the allocation was made;
(c) the factors taken into account by the Minister in making the allocation, including any relevant statutory criteria;
(d) whether the allocation is reviewable and the avenues for review (if any);
(e) whether the allocation was made by a delegate of the Minister;
(f) any other information the Minister considers relevant.
(4) Schedule 1, item 16, page 30 (after line 29), at the end of section 33-39A, add:
Publication of determinations and statement of reasons
(6) The *ATEC must publish each determination made under subsection (4) on the ATEC's website as soon as practicable after it is made.
(7) A determination published under subsection (6) must be accompanied by a written statement of reasons, including the following information:
(a) an explanation of the purpose and operation of the determination;
(b) the power under which the determination was made;
(c) the factors taken into account by the *ATEC in making the determination, including any relevant statutory criteria;
(d) whether the determination is reviewable and the avenues for review (if any);
(e) whether the determination was made by a delegate of the *ATEC;
(f) any other information the *ATEC considers relevant.
(5) Schedule 1, page 33 (after line 20), after item 27, insert:
27A At the end of section 238-5
Add:
(3) For the purposes of paragraph (1)(b), the Minister must not delegate their powers under subsections 30-55(1) and 30-65(1) to an APS employee other than an SES Employee or acting SES employee.
_____
SHEET 4084
(1) Schedule 1, item 2, page 5 (lines 21 to 25), omit subsection 30-5(9), substitute:
Explanatory statement
(9) If an instrument made under subsection (1) specifies a different *total allocation pool determination for a specified year than for the previous year, the explanatory statement (within the meaning of the Legislation Act 2003 ) for the instrument must include a description of:
(a) the basis for the different total allocation pool determination; and
(b) in plain English, the anticipated impact of the different total allocation pool determination on Commonwealth supported places.
(2) Schedule 2, item 15, page 57 (lines 15 to 19), omit subsection 46B(5), substitute:
Explanatory statement
(5) If an instrument made under subsection (1) specifies a different international allocation pool determination for a specified period than for the previous period, the explanatory statement (within the meaning of the Legislation Act 2003 ) for the instrument must include a description of:
(a) the basis for the different international allocation pool determination; and
(b) in plain English, the anticipated impact of the different international allocation pool determination on the number of international student places.
_____
SHEET 4085
(1) Schedule 1, item 59, page 47 (line 13), omit "in writing", substitute "by legislative instrument".
(2) Schedule 1, item 59, page 47 (lines 16 and 17), omit subsection 39-65(3).
_____
SHEET 4099
(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".
(2) Page 2 (after line 11), after clause 3, insert:
4 Review of Job-ready Graduates Package and student contribution settings
(1) The Minister must cause a review to be conducted into the operation of student contribution amount requirements in the Higher Education Support Act 2003 and the amendments made to that Act by Schedules 1 and 2 of theHigher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 .
Content of review
(2) Without limiting the matters in subsection (1), the review must consider the following:
(a) the adequacy, equity and simplicity of the Job-ready Graduates Package funding and the student contribution settings and effects on student choice and participation;
(b) the effect of the Job-ready Graduates Package and student contribution settings on student choice and participation in higher education;
(c) alternative schemes for student contributions.
Consultation with higher education providers
(3) The persons who conduct the review must consult with higher education providers (within the meaning of the Higher Education Support Act 2003 ).
Advice from the Australian Tertiary Education Commission
(4) For the purposes of subsection (1), the persons conducting the review must obtain advice from the Australian Tertiary Education Commission by 30 June 2027.
(5) The persons conducting the review must provide the advice to the Minister as soon as practicable after it is received.
(6) The Minister must cause a copy of the advice to be published on the Department's website.
(7) The Minister must cause a statement setting out the Commonwealth Government's response to the advice to be tabled in each House of the Parliament within 15 sitting daysof that House after Minister receives the advice.
Timing of review
(8) The review must commence as soon as practicable after the end of the period of 6 monthsstarting on the day this section commences.
Minister to be given report of review
(9) The persons conducting the review must give the Minister a written report of the review before the end of the period of 12 months starting on the day the review commences.
Tabling
(10) The Minister must table a copy of the report in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
Labor should have dumped Morrison's Job-Ready Graduates scheme the second they came to power.
Students starting university next year shouldn't have to cop these ridiculous fees.
That this bill be now read a third time.
Health Insurance Amendment (Incentive Payments and Other Measures) Bill 2026
Allowing health services to access practice incentive programs will support their sustainability and … provide high-quality consumer care and create opportunities for consumers to obtain accessible, equitable—
care, particularly in rural and remote communities where access to general practices can be challenging or even impossible.
Decisions relating to eligibility, compliance and participation often involve complex clinical and operational circumstances that require professional judgement and cannot be adequately reduced to a set of automated rules. Eligibility determinations may involve nuanced clinical and practice-level considerations that automated processes are unlikely to fully capture, increasing the risk of inaccurate or unfair outcomes.
The Senate divided. [12:36]
(The Deputy President—Senator Brockman)
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) telehealth is an increasingly important part of Australia's health care system, and many people rely on telehealth to access healthcare when they are unable to attend appointments in person,
(ii) to access a Medicare benefit for a telehealth consultation with a GP, a person needs to have had an in-person consultation with that practitioner within the previous 12 months, subject to very limited exceptions,
(iii) for many disabled and chronically ill people, this in-person attendance requirement is prohibitive and can be a significant barrier to accessing affordable and ongoing healthcare, and
(iv) for people living in rural and remote areas, the requirement can mean hours of travel, substantial costs and significant time away from work, family and other responsibilities to attend an in-person appointment; and
(b) calls on the Government to update the telehealth rules for accessing Medicare benefits for GP appointments with a view to ensuring that disabled people, chronically ill people, and other people who cannot attend in-person appointments can access affordable and appropriate care".
The Senate divided. [12:39]
(The Deputy President—Senator Slade Brockman)
(1) Schedule 1, item 4, page 10 (line 13), at the end of subsection 54(2), add:
and; (c) in the case of the Secretary—the Secretary has had regard to any instrument in force under subsection (5); and
(d) in the case of the Chief Executive Medicare—the Chief Executive Medicare has had regard to any instrument in force under subsection (7).
(2) Schedule 1, item 4, page 10 (after line 18), at the end of section 54, add:
(5) The Secretary must, by legislative instrument, determine guidelines in relation to the exercise of the power under subsection (1) by the Secretary.
(6) Without limiting subsection (5), the guidelines must set out the matters that the Secretary may have regard to in determining whether to exercise the power under subsection (1) in relation to an eligible provider.
(7) The Chief Executive Medicare must, by legislative instrument, determine guidelines in relation to the exercise of the power under subsection (1) by the Chief Executive Medicare.
(8) Without limiting subsection (7), the guidelines must set out the matters that the Chief Executive Medicare may have regard to in determining whether to exercise the power under subsection (1) in relation to an eligible provider.
The committee divided. [12:50]
(The Chair—Senator Brockman)
(1) Schedule 1, item 4, page 24 (after line 10), after subsection 66(1), insert:
(1A) Rules for the purposes of paragraph (1)(a) or (b) must only specify a provision that is a section, subsection, paragraph or subparagraph.
Note: Rules for the purposes of paragraph (1)(a) and (b) specify provisions under which computer programs may take incentive payment programs administrative action for the Secretary or the Chief Executive Medicare. Specifying such provisions at the section level or lower makes easier to identify which kinds of actions are to be taken by a computer program.
The committee divided. [13:08]
(The Temporary Chair—Senator Sharma)
(1) Schedule 1, item 4, page 30 (after line 32), after Subdivision A, insert:
Subdivision AA — Expert advisory committee
68A Expert advisory committee
(1) The Minister must, within 6 months of the commencement of this section, establish an expert advisory committee to provide advice, and make recommendations, to the Minister about matters relating to incentive payment programs.
(2) A committee under subsection (1) must be established in writing.
(3) The committee may provide advice, or make recommendations, to the Minister on its own initiative or at the request of the Minister.
(4) The committee consists of the members appointed by the Minister.
(5) The Minister must, in appointing members to the committee:
(a) ensure that the composition of the committee reflects the diversity of the interests in the matter or matters that the committee will be dealing with; and
(b) ensure that the members of the committee have suitable qualifications or experience.
(6) The Minister must, in writing, determine:
(a) the committee's terms of reference; and
(b) the terms and conditions of appointment of the members of the committee; and
(c) the procedures to be followed by the committee.
(7) An instrument under subsection (1) or (6) is not a legislative instrument.
The committee divided. [13:28]
(The Temporary Chair—Senator Sharma)
What if the apps we use every day were designed not to help us live better but to keep us online for as long as possible? For my generation, social media is not something that exists outside our lives; it's where we communicate, learn, create and express ourselves. But it can also expose young people to harmful content, unrealistic expectations and systems deliberately designed to keep us scrolling.
We should not have to choose between being connected and being protected. I am asking parliament to strengthen protections for young Australians by requiring social media companies to take greater responsibility for the content and design of their platforms. This should include stronger safeguards against harmful content, and greater transparency around features designed to maximise screen time.
Young people should have a voice in shaping these protections, because we are the generation growing up with this technology. Social media is not going away, and I don't believe it needs to, but innovation should never come at the expense of young people's wellbeing. Parliament has the power to make sure technology serves our generation rather than our generation being shaped by technology. Our future deserves better than an algorithm deciding what we see, what we think and what we become.
Hello Australia,
As a kid, it sometimes feels impossible for adults to change their mind. You give your best explanation, over 1,000 of you can skip school and take a stand for something you believe in. At best: nothing.
At worst adults accuse other adults of 'manipulating the youth into their politics'. Because I am a child, my feelings don't matter, my observations are useless. I "don't have life experience" or I'm "being indoctrinated"—actual quotes from the comments section on a 7News report on students' rallies.
It's confusing. I know every single adult has been a kid just like me, feeling like sometimes the adults just don't listen. So why don't they now? Just because we haven't lived as long as you doesn't mean we haven't lived at all. We feel, think, observe, see, we're not stupid.
This speech isn't just about parents and teachers, it's about you. This competition is a step forward, but it's annual.
Kids have many thoughts and opinions that deserve to be expressed beyond this, including speeches not being read today.
Start a call-line, an Email, host this bi-annually. I'm not asking for much, I'm just asking for us, all of us, to be heard and taken seriously. What's shaping our future? Well I want it to be me. I want it to be us: kids. We can only do that if you listen.
Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026
… we don't support military aid to the Ukraine.
With respect, Senator Babet , your support for President Putin's regime is a disgrace.
This is no longer about temporary belt-tightening—it is becoming dangerously entrenched …
That the Senate take note of answers given to questions without notice asked by Senator Cash and Senator Hume today.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice I asked today relating to climate change.
That the Senate take note of the answer given by Senator Watts to my question on multiculturalism.
That the Senate take note of the answer to the question asked by me to Minister Wong today regarding fuel.
That—
(a) the Defence Amendment (Sexual Assault Prevention, Intervention and Response Commission) Bill 2025 be considered on Wednesday, 14 October 2026 at the time for private senators' bills; and
(b) on Thursday, 15 October 2026:
(i) the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026 and the Crimes Amendment (Prohibiting the Strip Searching of Children) Bill 2026 be considered at the time for private senators' bills,
(ii) the bills may be considered together for the second reading debate, and
(iii) at the conclusion of the second reading debate, the questions on each bill be put separately.
The Joint Select Committee on Artificial Intelligence be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today from 6.15 pm.
That leave of absence be granted to Senator Waters from 12 October to 15 October for personal reasons.
That leave of absence be granted to the following senators, for personal reasons:
(a) Senator McKenzie for 12 and 13 October 2026;
(b) Senator Bragg for today; and
(c) Senator McLachlan for 14 and 15 October 2026.
Census and Statistics Amendment (Parliamentary Oversight of the Census) Bill 2026
That the following bill be introduced:
A Bill for an Act to amend the Census and Statistics Act 1905 and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Introduction
I rise to commend this Bill to the Senate.
This Bill introduces a parliamentary review of the Australian Census.
The Census of Population and Housing (the Census) is conducted every five years by the Australian Bureau of Statistics (ABS), under the authority of the Census and Statistics Act 1905, and is one of Australia's most important statistical collections.
Census data is used to inform decisions about transport, schools, health care, infrastructure and business. The data also helps plan local services for individuals, families and communities, in addition to providing accurate population estimates for Australian Electoral Commission redistributions and for GST distribution calculations.
The operations of the Census are complex, as it attempts to count every single person and household residing in Australia on a single designated night.
The Census must capture an incredibly detailed, granular profile of every single person physically present in Australia on a single night. This includes children, infants, international students, and tourists.
It requires tracking down and obtaining the details of transient populations, people on long-haul transport, and those in rural, regional and remote communities. In terms of sheer volume, the Census involves collecting detailed data from approximately 28 million people and roughly 10.5 million households. It also requires the development and rollout of a digital platform to process online submissions and a massive surge workforce of over 30,000 field staff to execute.
The Census is also an expensive exercise, with the 2026 Census costing over $700 million.
Given the nature of such an exercise, it is necessary for the conduct, operations and administration of the Census to be subject to scrutiny and review.
The ANAO provides a report into Cyber Security Readiness for the Census, and the Australian Bureau of Statistics (ABS) undertakes and manages several reviews into the operations and outcomes of the Census.
However, there is no fully independent, comprehensive review that examines in detail all aspects of the operations and outputs of the Census.
The Australian Parliament conducts a review after every federal election to ensure the integrity, safety and transparency of our nation's democratic processes. This review is currently managed by the multi-party Joint Standing Committee on Electoral Matters.
This Bill will introduce a similar Parliamentary review process for the Australian Census. A parliamentary review into the Australian Census will serve several important functions.
Despite the complexity and cost of the Census, parliamentary review of the Census outside of the Senate estimates process has been limited to three inquiries:
This Bill will provide for the establishment of a permanent parliamentary review mechanism into the conduct of the Australian Census, modelled broadly on the Joint Standing Committee on Electoral Matters' inquiries into the conduct of federal elections.
What the Bill does
The Amendments made by this Bill will:
Conclusion
The amendments contained in this Bill are designed to provide a practical mechanism for comprehensive and independent parliamentary review of the operations and conduct of the Census.
This Bill is a sensible and timely initiative that adds to the various other reviews into a highly complex and important statistical exercise.
I commend this Bill to the Senate.
That the Senate—
(a) notes that:
(i) on 30 June 2026, the Senate agreed to order for the production of documents no. 546, relating to first home guarantees issued by Housing Australia for the 2025-26 financial year, requiring the Minister representing the Minister for Housing to comply by midday on Thursday, 2 July 2026,
(ii) on 2 July 2026, the minister provided an interim response from the Minister for Housing stating that additional time was required to respond to the order,
(iii) on 17 August 2026, the Senate agreed to a further order noting that the original order had not been complied with and requiring the Minister representing the Minister for Housing to comply by midday on 19 August 2026, and
(iv) the order has still not been complied with; and
(b) requires the Minister representing the Minister for Housing to attend the Senate at the start of proceedings on Thursday, 15 October 2026 to provide an explanation, of no more than 5 minutes, of the failure to comply with the order, and that:
(i) any senator may move to take note of the explanation, and
(ii) any such motion may be debated for no longer than 30 minutes and shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [15:46]
(The Deputy President—Senator Brockman)
That the Senate—
(a) notes that:
(i) on Wednesday, 12 August 2026, the Senate agreed to order for the production of documents no. 569, relating to the Future Fit Program, requiring the Minister representing the Minister for Aged Care and Seniors to comply by midday on Tuesday, 8 September 2026, and
(ii) the order has not been complied with; and
(b) requires the Minister representing the Minister for Aged Care and Seniors to comply with the order by no later than 9 am on 14 October 2026.
That there be laid on the table by the Minister for the Environment and Water, by no later than midday on 15 October 2026, the following documents covering the time period of 27 March to 18 September 2026:
(a) all correspondence between the office of the Prime Minister and the office of the Minister for the Environment and Water relating to an extended producer responsibility scheme; and
(b) all briefs, speaking notes, memoranda, correspondence and other documents relating to an extended producer responsibility scheme prepared for or provided to the Minister for the Environment and Water by:
(i) the Department of Climate Change, Energy, the Environment and Water,
(ii) the office of the Minister for the Environment and Water, or
(iii) the office of the Prime Minister;
in preparation for the joint meeting of environment ministers to be held on 18 September 2026.
That there be laid on the table, by the Minister representing the Minister for Aged Care and Seniors, by no later than 5 pm on Thursday, 15 October 2026, all documents released by the Department of Health, Disability and Ageing in response to freedom of information request FOI 26-3159 relating to the Single Assessment System, in full and without redaction.
That—
(a) the Senate notes the inadequate responses provided by the Department of Defence to questions on notice lodged through the Foreign Affairs, Defence and Trade References Committee inquiry into the management of Defence estate assets and Defence's ongoing failure to provide revised answers to questions on notice; and
(b) there be laid on the table by the Minister representing the Minister for Defence, by no later than 9 am on Tuesday, 13 October 2026, documents or information that provide the details of the proposed scope of work, the estimated cost breakdown of the work, the total cost of the work and any site and environmental impact for the following Department of Defence medium public works projects:
(i) PDS Project EST09153—Enhanced Sensitive Compartmented Information Facility Capability at RAAF Glenbrook, NSW, 13 February 2024,
(ii) PDS Project EST08770—RAAF Glenbrook Falcon Building 48 refurbishment, 2 February 2022,
(iii) PDS Project EST08215—Officers Mess refurbishment, Victoria Barracks, NSW, 31 January 2022,
(iv) New Service Residences, East Middlesex Way, Victoria Barracks, Paddington, NSW, 7 February 2022,
(v) PDS Project EST07005—HMAS Penguin Building 6 refurbishment, NSW, 31 January 2022,
(vi) PDS Project EST08141—Building refurbishments, HMAS Penguin, NSW, 21 March 2022,
(vii) PDS Project EST08250—Building 16 refurbishment, HMAS Penguin, NSW, 29 August 2022,
(viii) PDS Project EST08214—Combined Mess refurbishment, HMAS Penguin, NSW, 29 August 2022,
(ix) PDS Project EST08282—Building 20 refurbishment, HMAS Penguin, NSW, 29 August 2022,
(x) PDS Project EST07737—Building EP2 refurbishment, Edinburgh Parks, SA, 21 November 2022, and
(xi) PDS Project EST05853—Wharf works, Spectacle Island, NSW, 21 March 2022.
The Senate divided. [15:51]
(The Deputy President—Senator Brockman)
That the Senate—
(a) notes that:
(i) on 2 July 2026, the Senate agreed to order for the production of documents no. 564, Defence reform study, with a compliance date of no later than 28 July 2026,
(ii) on 30 July 2026, the Minister representing the Minister for Defence provided a letter from the Minister for Defence which stated that additional time was required,
(iii) on 16 September 2026, the Minister for the National Disability Insurance Scheme provided a letter of response from the Minister for Defence raising public interest immunity claims on the grounds that publication of the document would prejudice Australia's national security, disclose Cabinet deliberations, prejudice the effectiveness of future procurement and tender processes and prejudice Australia's international relations, and
(iv) the order has still not been complied with;
(b) rejects the public interest immunity claims raised by the Minister for Defence, noting that the Minister does not acknowledge the benefit to the public interest of having this document disclosed; and
(c) requires the Minister representing the Minister for Defence to comply with the order by 5 pm on Thursday, 22 October 2026.
The Senate divided. [15:57]
(The Deputy President—Senator Brockman)
That there be laid on the table by the Minister representing the Minister for Veterans' Affairs, by no later than midday on Wednesday, 21 October 2026, the final version of each question time brief, however described and regardless of authorship, prepared for, provided to, held by or used by any minister representing the Minister for Veterans' Affairs in the Senate between 1 May 2026 and the date of this order, relating to the proposed $5,000 annual monetary limit or review threshold for allied health services for veterans.
The Senate divided. [16:04]
(The Deputy President—Senator Brockman)
That the Senate—
(a) notes that:
(i) on Wednesday, 9 September 2026, the Senate agreed to orders for the production of documents nos 679 and 680, relating to projects as part of the Major and Local Community Infrastructure Program, requiring the Minister representing the Minister for Regional Development, Local Government and Territories and the Minister for Infrastructure, Transport, Regional Development and Local Government to comply by midday on Wednesday, 16 September 2026, and
(ii) the orders have not been complied with; and
(b) requires the Minister representing the Minister for Regional Development, Local Government and Territories and the Minister for Infrastructure, Transport, Regional Development and Local Government to attend the Senate on Wednesday 14 October 2026, immediately before government business is called on, to provide an explanation, of no more than
5 minutes, of the failure to comply with the orders, and that:
(i) any senator may move to take note of the explanation, and
(ii) any such motion may be debated for no longer than 30 minutes and shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [16:08]
(The Deputy President—Senator Brockman)
That the Senate—
(a) notes that:
(i) on Wednesday, 9 September 2026, the Senate agreed to orders for the production of documents nos 676 and 677, relating to the Housing Australia Future Fund (HAFF) funding round 3 and housing delivery, requiring the Minister representing the Minister for Housing to comply by midday on Tuesday, 15 September 2026,
(ii) on Thursday, 10 September 2026, the Senate agreed to orders for the production of documents nos 688 and 690, relating to Treasury modelling and analysis on housing matters and first home buyers, housing investors and borrowers who have fallen into negative equity, requiring the Ministers representing the Treasurer and the Minister for Housing to comply by midday on Tuesday, 15 September 2026, and
(iii) the orders have not been complied with; and
(b) requires the Ministers representing the Treasurer and the Minister for Housing to comply with the following orders by no later than midday on Thursday, 15 October 2026:
(i) no. 676 (HAFF funding round 3 market industry briefing),
(ii) no. 677 (HAFF funding round 3 funding and housing delivery),
(iii) no. 688 (private credit, debt and insolvencies in the housing construction sector), and
(iv) no. 690 (first home buyers, housing investors and borrowers in negative equity).
The Senate divided. [16:12]
(The Deputy President—Senator Brockman)
That—
(a) the Senate notes that:
(i) on Wednesday, 9 September 2026, the Senate agreed to order for the production of documents no. 678, relating to projects as part of the Major and Local Community Infrastructure Program, requiring the Minister representing the Prime Minister to comply by midday on Wednesday, 16 September 2026, and
(ii) the order has not been complied with; and
(b) the Senate requires the Minister representing the Prime Minister to attend the Senate on Wednesday 14 October 2026, immediately before government business is called on, to provide an explanation, of no more than 5 minutes, of the failure to comply with the order, and that:
(i) any senator may move to take note of the explanation, and
(ii) any such motion may be debated for no longer than 30 minutes and shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [16:15]
(The Deputy President—Senator Brockman)
That, in the opinion of the Senate, the following is a matter of urgency:
The need for the Government to step in to break up the Coles and Woolworths duopoly and provide cost-of-living relief for Australians by rolling out publicly owned supermarkets.
That, in the opinion of the Senate, the following is a matter of urgency:
The need for the Government to step in to break up the Coles and Woolworths duopoly and provide cost-of-living relief for Australians by rolling out publicly owned supermarkets.
The Senate divided. [16:53]
(The Acting Deputy President—Senator Ghosh)
That, in the opinion of the Senate, the following is a matter of urgency:
The Albanese Government's staggering incompetence in pretending that banning credit card surcharges eliminates transaction costs, when those costs are merely hidden from consumers or passed on through higher prices, while the Australian Taxation Office refuses to absorb those same costs and instead plans to stop accepting credit cards, exposing how utterly clueless Anthony Albanese and Jim Chalmers are about running a small business.
That, in the opinion of the Senate, the following is a matter of urgency:
The Albanese Government's staggering incompetence in pretending that banning credit card surcharges eliminates transaction costs, when those costs are merely hidden from consumers or passed on through higher prices, while the Australian Taxation Office refuses to absorb those same costs and instead plans to stop accepting credit cards, exposing how utterly clueless Anthony Albanese and Jim Chalmers are about running a small business.
We will introduce a ban by the beginning of 2026 on debit card surcharges.
We delivered on our promise to ban surcharges on credit and debit cards.
These small surcharges add up fast, and this will save you money every single time you tap.
The Senate divided. [17:31]
(The President—Senator Lines)
Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2026
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Transnational, serious and organised crime actors continue to adapt and develop new ways to exploit the Australian community and target our economic systems to generate illicit profits and launder the proceeds of crime.
Money laundering is not a victimless crime. Each year, billions of dollars of illicit funds are generated from criminal activity such as drug trafficking, cybercrime, child exploitation, tax evasion, and other illegal and corrupt practices. It is also used by authoritarian regimes to fuel corruption and undermine the rule of law across the world.
AUSTRAC has observed that Crypto ATMs are one of these new mechanisms, linked from everything from money laundering to scams and fraud, to illicit substances and to child exploitation. When AUSTRAC looked at the top 90 most prolific users of these ATMs in 2024, 85% of these users were either scam victims or money mules who had been tricked or coerced into moving money.
While not everyone who uses these ATMs is linked to illicit activity, the observations of our law enforcement agencies is that unfortunately, a substantive amount of their use contributes to criminal gain.
The Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2026 responds to Crypto ATMs and the broader modern financial crime environment which facilitates serious crimes and harms both Australia's financial system and the community.
Schedule 1 of the bill will introduce a new framework in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to empower the AUSTRAC CEO to restrict or prohibit businesses regulated under the Anti-Money Laundering and Counter-Terrorism Financing regime from using a high-risk product, service, delivery channel or thing to protect the Australian community.
This implements commitments I made at the National Press Club on 16 October 2025 to combat the significant harms being caused by organised crime and scams across the country. The Australian Institute of Criminology estimates that serious and organised crime cost Australia up to $82.3 billion in 2023-24, causing misery and financial hardship for victims. The illicit profits are also reinvested in further serious crimes that cause untold harm to the Australian community and our region.
The emergence of new technologies in recent years have presented great opportunities for the economy and the community. However, these same opportunities can also be exploited by criminal actors. We have seen criminal groups exploiting high-risk mechanisms coerce everyday people to move and launder money from scams and illicit drug sales. For example, cryptocurrency ATMs are often exploited by criminals coercing individuals to exchange money for virtual assets. These high-risk mechanisms are used because they make it harder for our law enforcement and intelligence agencies, like AUSTRAC, to trace the movement of money.
To ensure the new power is appropriately targeted, the AUSTRAC CEO must be satisfied of the significant harm of the high-risk mechanism before exercising the power, and that a restriction or prohibition is necessary in the public interest. The new power is intended to support AUSTRAC's flexible, risk-based response to emerging and evolving money laundering and terrorism financing risks, while still allowing reporting entities to use innovative technologies and business models.
Schedule 2 of the bill will make technical amendments to the meaning of financing of terrorism in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to reference new offences introduced in theCriminal Code Act 1995 for financing a state sponsor of terrorism. This definition will also be updated to reflect developments in Australian sanctions laws on terrorism financing, including by allowing new sanctions offences to be prescribed in the future. These amendments will also ensure Australia unequivocally meets its commitments as a member of the Financial Action Task Force, the global ant-money laundering and terrorism financing watchdog.
Schedule 3 of the bill contains technical amendments to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 that were identified through the implementation of the significant reforms enacted by this Government through theAnti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 . The 2024 reforms were a critical and long overdue step in Australia's compliance with international standards and ensuring we do not become an international 'back door' for illicit funds. The technical amendments will make compliance easier for Australian businesses who have obligations under these laws, while still delivering strong anti-money laundering outcomes.
The Australian Government will always act to prevent the criminal abuse of our economy and the harm and suffering this causes to our entire community. For those who think crypto ATMs provide a new loophole to turn cash into crypto and evade law enforcement—know this—we will close the loopholes, we will track you down, you are in our sights.
I commend this bill.
Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Every older Australian deserves care that sees them, knows them, and treats them with respect.
That looks different for everyone.
For older Aboriginal and Torres Strait Islander Australians, that means care that understands their culture, their history, and—in many cases—the adversity they have faced.
This Bill delivers something that will give older First Nations Australians a clear voice to Government: Australia's first permanent, independent Aboriginal and Torres Strait Islander Aged Care Commissioner.
It's a key recommendation of the Royal Commission into Aged Care Quality and Safety, and today this Government delivers it.
The case for this role is clear. Older Aboriginal and Torres Strait Islander people are more likely to need aged care, and more likely to need it earlier in life. Yet they use it at lower rates than other Australians.
We can't continue to shy away from away from why that is. For so many older First Nations people, aged care has felt like a system built by others, for others.
A system that asked them to leave their Country or Island Home, to move far from family, to explain themselves in a language that wasn't their first.
For some, reaching out for care means trusting institutions that have given their families little reason to. That history shapes the choices people make today.
When a care system doesn't understand someone, they don't work around it—they go without it. They wait longer. They get sicker. And too often they miss out on the dignity that every older person has earned.
While there is much work to do to build back the trust of Aboriginal and Torres Strait Islander Australians that care institutions have eroded over decades and centuries, this Commissioner is a profound step forward.
The Commissioner will be a strong and independent advocate. They'll work to make sure that, in every corner of our nation—in the cities, out bush and on the islands—aged care is culturally safe, is sensitive to trauma, and is responsive to the people it serves.
The Commissioner will advise on how Government should move to improve and expand access to care, and support co-design of policies and programs for First Nations people. They'll promote cultural capability across the sector, so that the people delivering care understand the people receiving it.
They'll help more Aboriginal and Torres Strait Islander organisations become registered providers—because care delivered by community, in community, is often the care that works best.
And they'll help us lift the number of First Nations people working in aged care, so older people can see themselves in the people who look after them.
The Commissioner will sit within the Aged Care Quality and Safety Commission, with an independent statutory role. This is a similar model to how the Aged Care Complaints Commissioner has been established.
That placement is deliberate, and it is a strength. It connects an independent First Nations voice directly to the levers that regulate aged care, and build capability across the sector.
It means their advocacy doesn't stop at advice; it will have teeth. This includes powers to collect information and report publicly on what they hear from the community.
It reaches into how providers are registered, how quality is measured and held accountable, and how care is delivered on the ground.
An independent voice, with a direct line to the parts of the system that can act on what it says, including the Minister and the System Governor.
This role has been shaped by the people it's for. The outgoing Interim First Nations Aged Care Commissioner, Ms Andrea Kelly, travelled the country and listened deeply.
She held 135 forums and met with more than 1,000 older Aboriginal and Torres Strait Islander people, their families, communities, and providers. She heard what was working, what wasn't, and what people wanted this role to be.
As I have visited Aboriginal and Torres Strait Islander communities and services around the country, I have heard of the power of that Commissioner role—to bring a First Nations voice to where change can be made.
We'll run a robust, competitive process to make sure that the very best Commissioner is appointed—someone who has a track record as a respected and trusted leader from the community.
But we know that appointing a Commissioner doesn't get us all the way.
There is so much more work for Government to do to make Aboriginal and Torres Strait Islander aged care as culturally safe in practice, in every instance, as it is written in the Aged Care Act.
That work has commenced—with the enshrining of those rights, with the exemption of redress payments, with the work of the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
But we will continue that work until every Aboriginal and Torres Strait Islander community in Australia knows that aged care is a system they can trust and rely on—and the Commissioner will play a central role in support of our work to do that.
This Bill does more than establish the Commissioner. It features technical, but important, components to strengthen the system older Australians rely on every day.
It makes permanent a set of measures, enacted through rules, that have kept the new Aged Care Act running smoothly since it commenced on 1 November 2025, giving older people and providers the continuity and certainty they need through this transition.
It strengthens protections for older people—making clear the obligation on providers to refund contributions and fees that have been overcharged or overpaid.
It makes a practical fix so elected local councillors are no longer captured as responsible persons under the Act. This brings local government in line with state & territory governments, and it keeps councils delivering aged care in the communities that depend on them.
And it makes a range of further technical amendments to keep the Act operating as intended as the sector continues its transition.
Examples include a small but important change to ensure individuals have flexibility to choose how they pay for their residential aged care while they await the outcome of the means testing process.
These are sensible improvements. They keep faith with the reforms this Parliament has already passed, and they keep the system working for the people it serves.
But at the heart of this Bill is a simple idea. Older Aboriginal and Torres Strait Islander people deserve a louder voice in their own care, and now they will have one.
I commend the bill to the Senate.
Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026
Regulatory Reform Omnibus Bill 2026
Wage Justice for Early Childhood Education and Care Workers (Special Account) (Extending Support and Strengthening Safety) Bill 2026
Major Sporting Events (Indicia and Images) Protection Amendment Bill 2026
Health Legislation Amendment (Improving Choice and Transparency for Private Health Consumers) Bill 2026
Knox Class Action (Facilitation) Bill 2026
Customs Amendment (Safeguard Inquiries) Bill 2026
Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026
Defence Legislation Amendment (RCDVS Implementation and Related Measures No. 2) Bill 2026
Health Insurance Amendment (Incentive Payments and Other Measures) Bill 2026
That this bill be now read a third time.
Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026
… in every case there needs to be human oversight of any use of AI. We don't just hand over decision-making to abstract computer programs …
At the end of the motion, add ", but the Senate:
(a) notes that the Government’s commitment to the Integrated Assessment Tool and the unfair co-payments system has hurt older people; and
(b) calls on the Government to:
(i) abolish the Integrated Assessment Tool,
(ii) end the regime of excessive co-payments, and
(iii) fully fund aged care, including in-home support".
Social Security and Other Legislation Amendment (Technical Changes No. 2) Bill 2026
At the end of the motion, add ", but the Senate calls on the Government to:
(a) release any reports arising from the Department of Social Services consultation on the future of income management; and
(b) respond to the recommendations made by the Parliamentary Joint Committee on Human Rights in the report of its inquiry into compulsory income management tabled in September 2024; and
(c) introduce legislation to:
(i) abolish the partner income test for all social security payments, ensuring that a partner's income will no longer be required to be considered for a social security payment for an individual in recognition that the test forces people to be financially dependent on their partners,
(ii) abolish the parental income test for Youth Allowance for those 18 years and over or not living at home, and
(iii) reinstate a six-year limitation period on debt recovery proceedings as recommended by the Royal Commission into the Robodebt Scheme".