The SPEAKER ( Ms Anna Burke ) took the chair at 09:00, made an acknowledgement of country and read prayers.
That the time for the presentation of the report of the Joint Select Committee on Gambling Reform on the Anti-Money Laundering Amendment (Gaming Machine Venues) Bill 2012 be extended to 28 June 2013.
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013
That this bill be now read a second time.
Broadcasting Legislation Amendment (Convergence Review and Other Measures) Bill 2013
That this bill be now read a second time.
Television Licence Fees Amendment Bill 2013
That this bill be now read a second time.
Broadcasting Legislation Amendment (News Media Diversity) Bill 2013
That this bill be now read a second time.
News Media (Self-regulation) Bill 2013
That this bill be now read a second time.
News Media (Self-regulation) (Consequential Amendments) Bill 2013
That this bill be now read a second time.
Public Interest Media Advocate Bill 2013
That this bill be now read a second time.
That so much of the standing and sessional orders be suspended as would prevent Mr Robert speaking in reply to the ministerial statement for a period not exceeding 12 minutes.
Insurance Contracts Amendment Bill 2013
That this bill be now read a second time.
International Monetary Agreements Amendment Bill 2013
That this bill now be read a second time.
National Disability Insurance Scheme Bill 2012
(1) Clause 3, page 4 (lines 4 to 25), omit subclause (1), substitute:
(1) The objects of this Act are to:
(a) give effect to certain obligations that Australia has as a party to the Convention on the Rights of Persons with Disabilities; and
(b) provide for the National Disability Insurance Scheme in Australia; and
(c) support the independence and social and economic participation of people with disability; and
(d) provide reasonable and necessary supports, including early intervention supports, for participants in the National Disability Insurance Scheme launch; and
(e) enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and
(f) facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, supports for people with disability; and
(g) promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the mainstream community; and
(h) raise community awareness of the issues that affect the social and economic participation of people with disability, and facilitate greater community inclusion of people with disability.
(2) Clause 3, page 5 (line 2), at the end of subclause (3), add:
; and (c) the broad context of disability reform provided for in:
(i) the National Disability Strategy 2010‑2020 as endorsed by COAG on 13 February 2011; and
(ii) the Carer Recognition Act 2010 .
(3) Clause 4, page 5 (lines 12 and 13), omit "and control", substitute ", including in relation to taking reasonable risks,".
(4) Clause 4, page 5 (line 24), omit "informed choice and", substitute "choice and control, and to".
(5) Clause 4, page 6 (lines 5 to 7), omit paragraph (11)(b), substitute:
(b) support people with disability to live independently and to be included in the community as fully participating citizens; and
(c) develop and support the capacity of people with disability to undertake activities that enable them to participate in the mainstream community and in employment.
(6) Clause 4, page 6 (after line 16), after subclause (14), insert:
(14A) Positive personal and social development of people with disability, including children and young people, is to be promoted.
(7) Clause 5, page 7 (line 9), at the end of the clause, add:
; (f) if the person with disability is a child—the best interests of the child are paramount, and full consideration should be given to the need to:
(i) protect the child from harm; and
(ii) promote the child's development; and
(iii) strengthen, preserve and promote positive relationships between the child and the child's parents, family members and other people who are significant in the life of the child.
(8) Clause 6, page 7 (line 11), omit "(1) The", substitute "To support people with disability to exercise choice and control in the pursuit of their goals, the".
(9) Clause 6, page 7 (lines 18 to 20), omit subclause (2).
(10) Clause 9, page 10 (after line 9), after the definition of Agency , insert:
annual financial sustainability report means a report prepared under subsection 180B(1).
(11) Clause 9, page 11 (after line 14), after the definition of correspondence nominee, insert:
cover , in relation to an enterprise agreement, has the same meaning as in theFair Work Act 2009 .
(12) Clause 9, page 11 (after line 31), after the definition of early intervention supports, insert:
enterprise agreement has the same meaning as in theFair Work Act 2009 .
(13) Clause 9, page 12 (after line 9), after the definition of entry, insert:
FaHCSIA agreement means the enterprise agreement known as the Department of Families, Housing, Community Services and Indigenous Affairs Enterprise Agreement 2012‑2014 approved on 24 April 2012 in decision [2012] FWAA 3549.
(14) Clause 9, page 15 (after line 25), after the definition of reviewer, insert:
reviewing actuary means the actuary who is nominated under section 180D.
scheme actuary means the actuary who is nominated under section 180A.
(15) Page 21 (before line 2), before Part 1, insert:
Part 1A—Principles
17A Principles relating to the participation of people with disability
(1) People with disability are assumed, so far as is reasonable in the circumstances, to have capacity to determine their own best interests and make decisions that affect their own lives.
(2) People with disability will be supported in their dealings and communications with the Agency so that their capacity to exercise choice and control is maximised.
(3) The National Disability Insurance Scheme is to:
(a) respect the interests of people with disability in exercising choice and control about matters that affect them; and
(b) enable people with disability to make decisions that will affect their lives, to the extent of their capacity; and
(c) support people with disability to participate in, and contribute to, social and economic life, to the extent of their ability.
(16) Clause 24, page 25 (lines 20 to 22), omit paragraph (1)(e), substitute:
(e) the person is likely to require support under the National Disability Insurance Scheme for the person's lifetime.
(17) Clause 24, page 25 (lines 24 to 26), omit all the words from and including "person's support" to and including "lifetime", substitute "person is likely to require support under the National Disability Insurance Scheme for the person's lifetime".
(18) Clause 25, page 25 (line 27) to page 26 (line 12), omit the clause, substitute:
25 Early intervention requirements
(1) A person meets the early intervention requirements if:
(a) the person:
(i) has one or more identified intellectual, cognitive, neurological, sensory or physical impairments that are, or are likely to be, permanent; or
(ii) has one or more identified impairments that are attributable to a psychiatric condition and are, or are likely to be, permanent; or
(iii) is a child who has developmental delay; and
(b) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person's future needs for supports in relation to disability; and
(c) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by:
(i) mitigating or alleviating the impact of the person's impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, self‑care or self‑management; or
(ii) preventing the deterioration of such functional capacity; or
(iii) improving such functional capacity; or
(iv) strengthening the sustainability of informal supports available to the person, including through building the capacity of the person's carer.
Note: In certain circumstances, a person with a degenerative condition could meet the early intervention requirements and therefore become a participant.
(2) The CEO is taken to be satisfied as mentioned in paragraphs (1)(b) and (c) if one or more of the person's impairments are prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection.
(3) Despite subsections (1) and (2), the person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is not most appropriately funded or provided through the National Disability Insurance Scheme, and is more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or through systems of service delivery or support services offered:
(a) as part of a universal service obligation; or
(b) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.
(19) Clause 27, page 27 (line 20), after "paragraph 24(1)(b)", insert "or subparagraph 25(a)(i) or (ii)".
(20) Clause 27, page 27 (line 28) to page 28 (line 3), omit paragraphs (1)(d) to (f), substitute:
(d) the provision of early intervention supports is likely to benefit a person by reducing the person's future needs for supports in relation to disability for the purposes of paragraph 25(1)(b); or
(e) the provision of early intervention supports is likely to benefit a person by mitigating, alleviating or preventing the deterioration of the person's functional capacity to undertake one or more of the activities for the purposes of subparagraph 25(1)(c)(i) or (ii), or improving such functional capacity for the purposes of subparagraph 25(1)(c)(iii); or
(f) the provision of early intervention supports is likely to benefit a person by strengthening the sustainability of the informal supports available to the person, including through building the capacity of the person's carer for the purposes of subparagraph 25(1)(c)(iv).
(21) Clause 29, page 28 (lines 22 to 24), omit paragraph (1)(b), substitute:
(b) the person enters a residential care service on a permanent basis, or starts being provided with community care on a permanent basis, and this first occurs only after the person turns 65 years of age; or
(22) Clause 31, page 30 (after line 13), after paragraph (d), insert:
(da) if the participant and the participant's carers agree—strengthen and build the capacity of families and carers to support the participant in adult life; and
(23) Clause 32, page 31 (lines 5 and 6), omit subclause (2), substitute:
(2) The CEO must commence facilitating the preparation of the participant's plan in accordance with the National Disability Insurance Scheme rules.
(3) If National Disability Insurance Scheme rules made for the purposes of subsection (2) do not require the CEO to commence facilitating the preparation of a participant's plan within a prescribed period or in prescribed circumstances, the CEO must commence facilitating the preparation of the plan as soon as reasonably practicable, having regard to the obligations of the CEO under the rules to commence facilitating the preparation of other participants' plans.
(24) Page 31 (after line 6), after clause 32, insert:
32A Rules about preparation of plans
(1) Without limiting subsection 32(2), National Disability Insurance Scheme rules made for the purposes of that subsection may require the CEO to commence facilitating the preparation of the plan of a participant included in a class prescribed by the rules:
(a) within a period prescribed by the rules; or
(b) in circumstances prescribed by the rules.
(2) Without limiting the classes that may be prescribed as mentioned in subsection (1), a class may be prescribed by reference to one or more of the following:
(a) whether the participant's name is included on a prescribed waiting list;
(b) whether the participant is receiving support from a prescribed service provider or under a prescribed program;
(c) whether, when the participant first made an access request, he or she was not receiving supports other than informal supports in relation to his or her disability;
(d) the place of residence of the participant on a prescribed date or throughout a prescribed period;
(e) whether, when the participant first made an access request, he or she had left, or was reasonably likely to leave, school at a prescribed time or during a prescribed period;
(f) the participant's age;
(g) other matters.
(3) Despite subsection 32(2) and subsection (1) of this section, if the CEO is satisfied that, because of the urgency of the circumstances, it is appropriate to commence facilitating the preparation of a participant's plan at a particular time:
(a) the CEO may do so; and
(b) if doing so means that it is necessary not to commence facilitating the preparation of the plans of one or more other participants—the CEO may delay commencing such facilitation, so far as is reasonably necessary.
(4) The National Disability Insurance Scheme rules may prescribe matters to which the CEO is to have regard in deciding for the purposes of subsection (3) whether or not he or she is satisfied that, because of the urgency of the circumstances, it is appropriate to commence facilitating the preparation of a participant's plan.
(5) If the CEO commences or delays facilitating the preparation of a participant's plan in accordance with subsection (3), the CEO does not breach subsection 32(2), or National Disability Insurance Scheme rules made for the purposes of that subsection, in relation to the participants concerned.
(6) Without limiting subsection 32(2) of this section, National Disability Insurance Scheme rules made for the purposes of that subsection (including as mentioned in subsection (1) of this section) may do one or more of the following:
(a) prescribe a class by reference to a decision of the CEO about a matter prescribed by the rules;
(b) prescribe a period or circumstances by reference to a decision of the CEO;
(c) prescribe matters by reference to a decision of the CEO.
(7) The CEO does not have a duty to consider whether to exercise a discretion conferred upon the CEO by:
(a) subsection (3); or
(b) National Disability Insurance Scheme rules made for the purposes of subsection 32(2) (including as mentioned in subsection (1) of this section).
(25) Clause 33, page 32 (lines 18 and 19), omit "the reasonable and necessary supports that will be funded and the manner in which they", substitute "the manner in which the reasonable and necessary supports".
(26) Clause 57, page 48 (after line 31), at the end of the clause, add:
(3) It is a reasonable excuse for an individual to refuse or fail to give information or produce a document on the ground that to do so might tend to incriminate the individual or expose the individual to a penalty.
(27) Clause 72, page 56 (line 17), omit "must", substitute "may".
(28) Clause 72, page 56 (line 24), at the end of subclause (1), add:
; or (c) a circumstance exists that:
(i) is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph; and
(ii) presents an unreasonable risk to one or more participants.
(29) Clause 72, page 56 (after line 24), after subclause (1), insert:
(1A) Without limiting the circumstances that may be prescribed by National Disability Insurance Scheme rules made for the purposes of paragraph (1)(c), such circumstances may relate to:
(a) a contravention by a person or entity that is a registered provider of supports, or an employee or contractor of such a person or entity, of a law or other requirement; or
(b) a complaint made, or action taken, in relation to such a person or entity, or an employee or contractor of such a person or entity; or
(c) such a person or entity being an insolvent under administration.
(30) Clause 74, page 59 (after line 9), after subclause (1), insert:
(1A) If a State or Territory Minister has parental responsibility for the child, the CEO must not make a determination under paragraph (1)(b) in relation to the child unless the State or Territory Minister has agreed in writing to the making of the determination.
(31) Clause 75, page 61 (after line 9), after subclause (3), insert:
(3A) If a State or Territory Minister has guardianship of the child, the CEO must not make a determination under subsection (2) or (3) in relation to the child unless the State or Territory Minister has agreed in writing to the making of the determination.
(32) Clause 76, page 61 (lines 18 to 20), omit all the words after "act", substitute "in the best interests of the child".
(33) Clause 76, page 61 (lines 26 and 27), omit all the words after "thing", substitute "is in the best interests of the child".
(34) Clause 76, page 62 (lines 1 and 2), omit all the words after "thing", substitute "is in the best interests of the child".
(35) Clause 84, page 68 (after line 25), after subclause (7), insert:
(7A) It is a reasonable excuse for an individual to refuse or fail to comply with a notice under subsection (1) on the ground that to do so might tend to incriminate the individual or expose the individual to a penalty.
(36) Clause 86, page 70 (after line 11), at the end of the clause, add:
(4) An appointment may provide that it has effect for a specified term.
(5) Without limiting the manner of specifying a term for the purposes of subsection (4), it may be specified by reference to the expiry of a specified period or the occurrence of a specified event.
(37) Clause 87, page 70 (after line 19), at the end of the clause, add:
(3) An appointment may provide that it has effect for a specified term.
(4) Without limiting the manner of specifying a term for the purposes of subsection (3), it may be specified by reference to the expiry of a specified period or the occurrence of a specified event.
(38) Clause 88, page 71 (lines 5 to 7), omit all the words after "whether", substitute "there is a person who, under a law of the Commonwealth, a State or a Territory:
(a) has guardianship of the participant; or
(b) is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee".
(39) Heading to clause 91, page 73 (line 16), omit "severe".
(40) Clause 91, page 73 (line 22), omit "severe".
(41) Clause 105, page 82 (lines 15 to 34), omit the clause, substitute:
105 Consequences of failure to comply with a requirement to take action to obtain compensation
(1) A participant or prospective participant who is given a notice under subsection 104(2) requiring him or her to take action (the required action ) to claim or obtain compensation within a specified period must take the required action within the period.
(2) If a participant does not take the required action within the period, and the action is to enable the participant or prospective participant to claim or obtain compensation under a scheme of compensation under a Commonwealth, State or Territory law:
(a) if a plan is in effect for the participant—the plan is suspended from the end of the specified period until the participant takes the required action; or
(b) if a plan is not yet in effect for the participant—the CEO must still comply with section 32 in relation to commencing the facilitation of the preparation of the participant's plan, but the plan does not come into effect until the participant takes the required action.
(3) If a prospective participant does not take the required action within the period, the CEO is not prevented from deciding whether or not the prospective participant meets the access criteria and commencing the facilitation of the preparation of the participant's plan, but the plan does not, despite section 37, come into effect until the participant takes the required action.
(4) If a participant or prospective participant does not take the required action within the period, and the action is to enable the person to claim or obtain compensation otherwise than under a scheme of compensation under a Commonwealth, State or Territory law, the CEO may:
(a) take action to claim or obtain compensation in the name of the participant or prospective participant; or
(b) take over the conduct of any existing claim.
105A Matters relating to claims etc. by CEO
(1) If the CEO takes action to claim or obtain compensation, or takes over the conduct of an existing claim, the Agency becomes liable to pay all costs of and incidental to that claim that would otherwise be payable by the person who originally made the claim, or the person in whose name the claim was made, other than costs unreasonably incurred by that person.
(2) The CEO may:
(a) take whatever steps are appropriate to bring the claim to a conclusion; and
(b) if the claim is before a court—settle the proceedings either with or without obtaining judgement; and
(c) if the claim is before a court and judgement has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgement.
(3) The participant or prospective participant must sign any document relevant to a claim made or taken over by the CEO under section 105 (including the settlement of the claim or of any proceedings arising out of the claim), being a document that CEO requires the participant or prospective participant to sign.
(4) If the participant or prospective participant does not sign a document in accordance with a requirement under subsection (3):
(a) if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia may, on the application of the CEO, direct that the document be signed on behalf of the participant or prospective participant by a person appointed by CEO; and
(b) otherwise—the court or tribunal in which proceedings relating to the claim are being heard may, on the application of CEO, so direct.
(5) If the CEO proposes to make an application under subsection (4):
(a) the CEO must notify the participant or prospective participant of that fact; and
(b) the participant or prospective participant has a right of representation in the hearing of that application.
105B Recovery of amounts relating to claims etc. by CEO
Any amount obtained as a result of a claim made or taken over by the CEO under section 105 (including amounts payable as a result of the settlement of such a claim) must be paid to the Agency. The Agency must deduct from the amount of those damages:
(a) an amount equal to the total of all NDIS amounts paid to, or for the benefit of, the participant before the amount is paid to the Agency; and
(b) the amount of any costs incidental to the claim paid by the Agency.
The Agency must pay the balance to the participant or prospective participant.
(42) Clause 118, page 93 (line 22), omit paragraph (1)(a), substitute:
(a) to deliver the National Disability Insurance Scheme so as to:
(i) support the independence, and social and economic participation, of people with disability; and
(ii) enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; and
(iii) ensure that the decisions and preferences of people with disability are respected and given appropriate priority; and
(iv) promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and inclusion in the mainstream community; and
(v) ensure that a reasonable balance is achieved between safety and the right of people with disability to choose to participate in activities involving risk;
(43) Clause 118, page 93 (line 31), at the end of paragraph (1)(b), add:
and (iii) considering actuarial advice, including advice from the scheme actuary and the reviewing actuary;
(44) Page 98 (after line 11), at the end of Division 1, add:
125A Functions to be performed having regard to actuarial analysis and advice
In performing its functions, the Board must have regard to relevant actuarial analysis and advice.
(45) Clause 127, page 99 (line 16), omit "host jurisdictions", substitute "States and Territories".
(46) Clause 127, page 99 (line 20), omit "host jurisdictions", substitute "States and Territories".
(47) Clause 127, page 99 (lines 22 to 25), omit paragraph (4)(b), substitute:
(b) be satisfied that the appointment is supported by the Commonwealth, States and Territories.
(48) Clause 127, page 99 (after line 25), after subclause (4), insert:
(4A) Despite subsection (4), the Minister may appoint a person as a Board member other than the Chair if:
(a) the Minister sought under that subsection the support of the States and Territories for an appointment (the proposed appointment ) of the person as a Board member; and
(b) 90 days have passed since the Minister sought that support; and
(c) the Minister is satisfied that it is not possible to make the proposed appointment in accordance with that subsection or it is not known whether the proposed appointment can be made in accordance with that subsection.
(49) Clause 129, page 100 (line 25) to page 101 (line 9), omit subclause (2), substitute:
(2) The Minister may, by written instrument, appoint a person to act as a Board member other than the Chair, for a specified period of not more than 150 days, during a vacancy in the office of a Board member other than the Chair, whether or not an appointment has previously been made to the office.
(2A) The Minister must consult the States and Territories about an appointment under subsection (2).
(50) Clause 134, page 103 (line 13), at the end of subclause 134(1), add:
; or (c) if the Minister does not have confidence in the member.
(51) Clause 147, page 110 (line 10), omit "host jurisdictions", substitute "States and Territories".
(52) Clause 147, page 110 (line 14), omit "host jurisdictions", substitute "States and Territories".
(53) Clause 147, page 110 (lines 16 to 19), omit paragraph (3)(b), substitute:
(b) be satisfied that the appointment is supported by the Commonwealth, States and Territories.
(54) Clause 147, page 110 (after line 19), after subclause (3), insert:
(3A) Despite subsection (3), the Minister may appoint a person as a member of the Advisory Council other than the Principal Member if:
(a) the Minister sought under that subsection the support of the States and Territories for an appointment (the proposed appointment ) of the person as a member of the Advisory Council; and
(b) 90 days have passed since the Minister sought that support; and
(c) the Minister is satisfied that it is not possible to make the proposed appointment in accordance with that subsection or it is not known whether the proposed appointment can be made in accordance with that subsection.
(55) Clause 149, page 111 (line 30) to page 112 (line 13), omit subclause (2), substitute:
(2) The Minister may, by written instrument, appoint a person to act as a member of the Advisory Council other than the Principal Member, for a specified period of not more than 150 days, during a vacancy in the office of a member of the Advisory Council other than the Principal Member, whether or not an appointment has previously been made to the office.
(2A) The Minister must consult the States and Territories about an appointment under subsection (2).
(56) Clause 159, page 117 (after line 15), at the end of the clause, add:
(7) The CEO must give the Board a copy of any significant actuarial report or advice he or she receives, as soon as reasonably practicable after receiving it.
(57) Page 121 (after line 27), at the end of Division 2, add:
171A Transitional provisions for staff of the Agency
Schedule 1 has effect.
(58) Clause 172, page 122 (line 7), omit ", (4) and (5)", substitute "and (4)".
(59) Clause 172, page 122 (line 21) to page 123 (line 5), omit subclauses (4) and (5), substitute:
(4) The annual report must include:
(a) the summary, that was prepared under section 180B when the annual report was being prepared, of the annual financial sustainability report prepared then; and
(b) the report of the reviewing actuary's review under subsection 180E(2) of the summary mentioned in paragraph (a).
(60) Page 129 (after line 5), after Part 6, insert:
Part 6A—Actuarial assessment of financial sustainability
Division 1—Scheme actuary and annual financial sustainability report
180A Nomination of scheme actuary
(1) The Board must, in writing, nominate as scheme actuary an actuary:
(a) who is a Fellow of The Institute of Actuaries of Australia; and
(b) who the Board considers is a fit and proper person, and has appropriate skills, experience or knowledge, to be the scheme actuary; and
(c) who is not the reviewing actuary.
(2) The Board must, in writing, revoke the nomination if the nominee ceases to be a Fellow of The Institute of Actuaries of Australia.
(3) Subsection (2) does not limit subsection 33(3) of the Acts Interpretation Act 1901 (which deals with revocation and variation of instruments).
180B Duties of scheme actuary
Duties relating to annual financial sustainability report
(1) The scheme actuary must do all of the following each time an annual report on the Agency under section 9 of the CAC Act is being prepared:
(a) assess:
(i) the financial sustainability of the National Disability Insurance Scheme; and
(ii) risks to that sustainability; and
(iii) any trends in provision of supports to people with disability otherwise than through the National Disability Insurance Scheme (for example, trends in the provision of informal supports and supports provided through support services generally available to any person in the community);
(b) consider the causes of those risks and trends;
(c) make estimates of future expenditure of the National Disability Insurance Scheme;
(d) prepare a report of that assessment, consideration and estimation;
(e) prepare a summary of that report that includes the estimates described in paragraph (c).
Duty to make quarterly estimates of future expenditure
(2) At least once each quarter, the scheme actuary must make estimates of the future expenditure of the National Disability Insurance Scheme and advise the CEO of the estimates. For this purpose, quarter means a period of 3 months starting on 1 July, 1 October, 1 January or 1 April.
Note: The CEO must give the Board a copy of the advice under subsection 159(7).
Duty to provide information and advice on request
(3) The scheme actuary must, on request from the Board or the CEO, provide actuarial information or advice.
Duty to report concerns to Board
(4) If the scheme actuary has significant concerns about the financial sustainability of the National Disability Insurance Scheme, or the risk management processes of the Agency, he or she must report those concerns to the Board as soon as reasonably practicable.
180C Rules for performance of scheme actuary ' s duties
The Minister administering the Insurance Act 1973 may, by legislative instrument, determine rules that the scheme actuary must comply with in performing his or her duties under section 180B.
Division 2—Reviewing actuary
180D Nomination of reviewing actuary
(1) The Board must, in writing, nominate as reviewing actuary an actuary:
(a) who is a Fellow of The Institute of Actuaries of Australia; and
(b) who the Board considers is a fit and proper person, and has appropriate skills, experience or knowledge, to be the reviewing actuary; and
(c) who is not the scheme actuary; and
(d) who is not a member of the staff of the Agency under section 169.
(2) The nomination has effect for 3 years or a shorter period specified in the nomination.
(3) The Board must, in writing, revoke the nomination if the nominee:
(a) ceases to be a Fellow of The Institute of Actuaries of Australia; or
(b) becomes a member of the staff of the Agency under section 169.
(4) Subsections (2) and (3) do not limit subsection 33(3) of the Acts Interpretation Act 1901 (which deals with revocation and variation of instruments).
Reviewing actuary for first 3 years
(5) The Board must nominate the Australian Government Actuary under subsection (1) as the first reviewing actuary, as soon as reasonably practicable after the commencement of this section. The nomination has effect for 3 years, despite subsection (2) of this section and subsection 33(3) of the Acts Interpretation Act 1901 , but subject to subsection (3) of this section.
Nominations and revocations are not legislative instruments
(6) Neither a nomination made under subsection (1) nor a revocation made under subsection (3) is a legislative instrument.
180E Duties of reviewing actuary
(1) The reviewing actuary must, on request by the Board, review and report to the Board on actuarial reports and advice received by the Board.
(2) The reviewing actuary must review and report to the Board on each annual financial sustainability report and summary prepared under section 180B.
(3) The reviewing actuary must include in each of his or her reports under subsection (2) a statement whether he or she is satisfied that the Agency made all arrangements necessary for him or her to conduct the review to which the report relates.
(4) If the reviewing actuary has significant concerns about the financial sustainability of the National Disability Insurance Scheme, or the risk management processes of the Agency, he or she must report those concerns to the Board as soon as reasonably practicable.
Division 3—Assistance of scheme actuary and reviewing actuary
180F Agency to assist scheme actuary and reviewing actuary
The Agency must make arrangements to enable:
(a) the scheme actuary to perform his or her duties under section 180B; and
(b) the reviewing actuary to perform his or her duties under section 180E.
(61) Clause 189, page 136 (after line 21), at the end of the clause, add:
(3) It is a reasonable excuse for an individual to refuse or fail to give information or produce a document on the ground that to do so might tend to incriminate the individual or expose the individual to a penalty.
(62) Page 142 (after line 16), after clause 200, insert:
200A Legal assistance for review not funded
Nothing in this Act permits or requires the Agency to fund legal assistance for prospective participants or participants in relation to review of decisions made under this Act.
(63) Clause 206, page 145 (lines 20 to 25), omit subclause (3).
(64) Clause 206, page 146 (lines 4 to 7), omit subclause (6).
(65) Clause 207, page 146 (line 14), before "It", insert "(1)".
(66) Clause 207, page 146 (after line 16), at the end of the clause, add:
(2) The regulations may prescribe kinds of laws of States and Territories as examples of laws to which subsection (1) applies.
Note: Before the regulations can be made, the Minister must be satisfied that the Commonwealth and all the host jurisdictions agree: see paragraph 210(2)(b).
(67) Clause 209, page 148 (after line 14), after subclause (2), insert:
(2A) The National Disability Insurance Scheme rules may provide for the CEO to issue a written assessment tool that the CEO is to use for the purposes of assessing a person for the purposes of this Act or the rules.
(68) Clause 209, page 148 (lines 21 to 24), omit subclause (5), substitute:
(5) The Minister must not make Category B National Disability Insurance Scheme rules relating to:
(a) an area, law or program of a host jurisdiction; or
(b) the commencement of the facilitation of the preparation of plans of participants who are identified (wholly or partly, and directly or indirectly) by reference to a host jurisdiction;
unless the host jurisdiction has agreed to the making of the rules.
(69) Clause 209, page 149 (cell at table item 1, column headed "Description"), after paragraph (b), insert:
(ba) section 25;
(70) Clause 209, page 149 (cell at table item 1, column headed "Description"), after paragraph (e), insert:
(ea) section 44;
(eb) section 48;
(71) Clause 209, page 149 (cell at table item 1, column headed "Description"), after paragraph (g), insert:
(ga) section 70;
(gb) subparagraph 72(1)(c)(i);
(gc) section 73;
(72) Clause 209, page 149 (cell at table item 2, column headed "Description"), after paragraph (c), insert:
(ca) section 32;
(73) Clause 209, page 149 (cell at table item 3, column headed "Description"), omit paragraphs (a) and (b), substitute:
(a) subsection 32A(4);
(b) section 45;
(c) section 204.
(74) Clause 209, page 150 (cell at table item 4, column headed "Description"), omit paragraphs (b) and (c).
(75) Clause 209, page 150 (cell at table item 4, column headed "Description"), omit paragraph (e).
(76) Clause 209, page 150 (cell at table item 4, column headed "Description"), omit paragraphs (i) and (j), substitute:
(i) section 194.
(77) Page 150 (after line 15), at the end of the Bill, add:
Schedule 1—Transitional provisions for staff of the Agency
Note: See section 171A.
1 FaHCSIA agreement covers staff of the Agency
(1) The FaHCSIA agreement covers the Commonwealth, APS employees (except SES employees), the Community and Public Sector Union and the Media, Entertainment and Arts Alliance in relation to the APS employees' employment in the Statutory Agency established by subsection 169(2).
Note: For APS employee andSES employee , see section 2B of theActs Interpretation Act 1901 .
(2) The FaHCSIA agreement has effect under subclause (1) as if:
(a) it had been made by the CEO on behalf of the Commonwealth; and
(b) references in the agreement to the Secretary were references to the CEO; and
(c) references in the agreement to the Department or FaHCSIA were references to the Statutory Agency established by subsection 169(2).
(3) For the purposes of the Fair Work Act 2009 , the FaHCSIA agreement as it has effect under this clause is taken to be an enterprise agreement separate from the FaHCSIA agreement as it has effect apart from this clause.
(4) Guidelines and policies relating to employment conditions, administrative process and other employment‑related matters that had effect for the purposes of the FaHCSIA agreement immediately before the commencement of this clause also have effect for the purposes of that agreement as it has effect under this clause.
(5) Guidelines and policies have effect under subclause (4) as if:
(a) references in them to the Secretary were references to the CEO; and
(b) references in them to the Department or FaHCSIA were references to the Statutory Agency established by subsection 169(2).
(6) Subclause (4) does not prevent the alteration or revocation of the guidelines and policies, as they have effect under that subclause, by the CEO or a delegate of the CEO.
End of coverage by FaHCSIA agreement
(7) The FaHCSIA agreement ceases to cover the Commonwealth, APS employees, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance under subclause (1) on the coming into operation of another enterprise agreement that:
(a) is made by the CEO on behalf of the Commonwealth; and
(b) covers the Commonwealth and the APS employees (or the APS employees except SES employees) employed in the Statutory Agency established by subsection 169(2).
(8) Subclause (7) has effect subject to section 58 of the Fair Work Act 2009 .
2 Instruments about transitional staffing matters
The Minister may, by legislative instrument, provide for matters of a transitional nature in relation to the staff of the Agency.
(1) Clause 4, page 5 (after line 16), after subclause (5), insert:
(5A) People with disability have a right to access independent disability advocacy support to promote, protect and ensure their full and equal enjoyment of all human rights enabling full community participation.
(2) Page 19 (after line 26), after clause 14, insert:
14A Agency may provide funding for advocacy services
The Agency may provide funding to other government agencies, for the purpose of ensuring that people with disability have access to independent disability advocacy services.
(3) Page 19, after proposed clause 14A, insert:
14B Agency may provide funding for a complaints handling mechanism
The Agency may provide funding for the establishment and ongoing operation of a national complaints handling mechanism that would have the purpose of resolving complaints made in relation to services and support provided for under this Act.
(1) Page 80 (after line 17), at the end of Part 6, add:
Part 7—Joint Select Committee on the National Disability Insurance Scheme
103A Parliamentary Joint Committee on the National Disability Insurance Scheme
(1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on the National Disability Insurance Scheme, is to be appointed according to the practice of the Parliament.
(2) The Committee is to consist of 10 members, made up of the following:
(a) 2 members of the House of Representatives who are Government members;
(b) 2 members of the Senate who are Government members;
(c) 2 members of the House of Representatives who are Opposition members;
(d) 2 members of the Senate who are Opposition members;
(e) 1 member of the House or Representatives or the Senate who is a member of the Australian Greens;
(f) 1 member of the House of Representatives or the Senate who is an independent member.
(3) A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives.
(4) A member ceases to hold office:
(a) when the House of Representatives expires by effluxion of time or is dissolved; or
(b) if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or
(c) if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or
(d) if he or she resigns his or her office as provided by subsection (5) or (6).
(5) A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.
(6) A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.
(7) Subject to the requirements of subsection (2), either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.
103B Powers and proceedings of the Committee
All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.
103C Functions of the Committee
(1) The functions of the Committee are:
(a) to review the implementation of the National Disability Insurance Scheme; and
(b) to review the administration and expenditure of the National Disability Insurance Scheme; and
(c) to review any matter in relation to the National Disability Insurance Scheme referred to the Committee by:
(i) the responsible Minister; or
(ii) a resolution of either House of the Parliament; and
(e) to report the Committee's comments and recommendations to each House of the Parliament and to the responsible Minister;
(f) such functions as agreed to by resolutions of the House of Representatives and the Senate.
103D Annual report
As soon as practicable after each year ending on 30 June, the Committee must give to the Parliament a report on the activities of the Committee during the year.
The House divided. [10:56]
(The Speaker—Ms Anna Burke)
That this bill be now read a third time.
Report concerning an application from Mr Michael Smith for the publication of a response to a reference made in the House of Representatives
House of Representatives
Committee of Privileges and Members’ Interests
March 2013
Canberra
1.1 Mr Michael Smith has made an application, under the procedure adopted by the House on 27 August 1997, for the publication of a response to references made about him in the House by Hon Julia Gillard MP on 28 November 2012. The Committee considers Mr Smith should be given a response and the terms of the response have been agreed by him and the Committee. A copy of the response is at Appendix 1.
1.2 In agreeing to the response, the Committee notes, as required by the resolution of the House for Rights of Reply, that it has not considered or judged the truth of any statements made by Members in the House or by the person seeking a response.
1.3 The Committee recommends that a response by Mr Smith (at Appendix 1) to references made about him in the House on 28 November 2012 be incorporated in Hansard.
Hon Nicola Roxon MP
Chair
March 2013
Appendix 1
Response by Michael Smith to remarks of the Prime Minister
On the 28 November 2012, the Prime Minister, Ms Julia Gillard MP, made a number of remarks about me which I wish to refute.
The Prime Minister asserted “He [Michael Smith] is the man who was sacked for wanting to defame me, basing that defamation on an affidavit drawn up by John Pasquarelli of One Nation fame.”
It is untrue that I was sacked. I resigned from Fairfax Media (radio 2UE). It also is false that I wanted to defame the Prime Minister. Finally, I have never read an affidavit drawn up by John Pasquarelli.
That the report be agreed to.
That Mr Turnbull be appointed a supplementary member of the Standing Committee on Infrastructure and Communications for the purpose of the committee's inquiry into the Broadcasting Legislation Amendment (Digital Dividend) Bill 2013.
Courts and Tribunals Legislation Amendment (Administration) Bill 2012
Export Market Development Grants Amendment Bill 2013
The proposed amendment will have significant impact resulting in fewer international delegates for Australia and therefore reduced export revenue, and a reduction in all of the indirect benefits brought to the economy by business events. At a time when current global economic conditions and a high AUD make Australia a less attractive long haul destination, now is not the time to be reducing support for delegate boosting activities.
There was not a considered view by all applicants, and I would say that we did not consult applicants directly; we consulted with industry associations.
What you will find from the next Coalition government is a ready set of ears and an enthusiasm to act in partnership with you. You will never find, from the next Coalition government, changes being sprung on you that we haven't talked through because that's not how adult governments operate. Adult governments understand that actions have consequences and they talk about the consequences with the people who will be affected by those actions.
Small is still beautiful … when it comes to exporting, that is. That's the word from the Australian Bureau of Statistics (ABS), whose survey of the Australian exporter community shows that around 90 per cent of Australian exporters are either small or medium sized enterprises (SMEs).
This confirms previous research by the Bureau which showed SMEs to be the 'engine room' of the Australian exporter community in terms of growth potential.
As well as employing around 500,000 Australians, the industry generates A$94 billion a year in spending which, as a sector, translates into A$71.7 billion direct and indirect contribution to GDP and makes tourism Australia's largest services export.
For every dollar spent on Australian tourism a further 91 cents is generated in other parts of the economy, a multiplier effect which surpasses mining, agriculture and financial services.
This Bill aligns the Export Market Development Grants (EMDG) scheme rules to the revised level of scheme funding. It concentrates the scheme more heavily on East Asian, emerging and frontier markets, in line with Austrade's greater emphasis on these markets, and helps achieve savings of $25 million per year.
… the EMDG scheme aims to encourage businesses to promote their products and services overseas, and to become established exporters whose exporting persists as a sustained activity after assistance under the scheme ceases.
… have [a] significant impact resulting in fewer international delegates for Australia and therefore reduced export revenue, and a reduction in all of the indirect benefits brought to the economy by business events. At a time when current global economic conditions and a high Australian dollar make Australia a less attractive long-haul destination, now is not the time to be reducing support for delegate boosting activities.
The age of unlimited and unfunded entitlement to government services and income support is over.
… we need to keep our pencil sharpened when it comes to entitlements.
The House divided [12:14]
(The Speaker—Ms Anna Burke)
That this bill be now read a third time.
That so much of the standing and sessional orders be suspended as would prevent the following item s of private m embers' business being called on, and considered immediately:
Centenary of the Murrumbidgee Irrigation Area;
Skin Cancer
Primary Language Disorder; and
Attack on Ms Malala Yousafzai,
That consideration of government business order of the day No. 3, Tax Laws Amendment (2012 Measures No. 6) Bill 2012, be postponed until a later hour this day.
Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013
The proposed provisions seek to give effect to a policy that such measures ought to strike down blatant, artificial or contrived arrangements, but not cast unnecessary inhibitions on normal commercial transactions by which taxpayers legitimately take advantage of opportunities available for the arrangement of their affairs.
The reality is that business and individuals operate in an after-tax world, and from a practical and corporate governance perspective, it would be highly problematical to ask board members to put their minds to what the company would have done in the highly artificial world where tax is assumed not to matter.
… we have consistently maintained that the proposed changes represent an over-reaction to the Taxation Office losing a number of court decisions that have quite limited application.
… we believe that the proposed amendments to Part IVA contained in Schedule 1 of the Bill are confusing and deficient and do not result in an anti-avoidance regime which is comprehensible to tax practitioners let alone the broader community.
The Courts have applied the current rules appropriately to find that a tax benefit exists in only those cases where the taxpayer's actions have resulted in a loss to revenue. Recent cases have not resulted in the effectiveness of Part IVA being compromised and as such the amendments in the Bill are an unnecessary overreaction.
The consequence of legislating this Bill will be to create significant difficulties, for ordinary taxpayers, small businesses and large corporations (both Australian and foreign) in understanding their tax obligations.
The question about what needs to be established arises in the context of the legal burden of proof falling upon the taxpayer to disprove what would have happened or might reasonably have been expected if the scheme had not been entered into or carried out. …
The ability of the Commissioner to rely upon something which did not happen, would not have happened, but which nonetheless might reasonably be expected to happen, may be difficult for taxpayers to disprove.
In our view, in a proper balancing of compliance costs against revenue risks, it is essential that some taxpayers are completely carved out of the transfer pricing rules. This is on the basis that below a certain point it is just not cost effective or practical to impose transfer pricing guidelines. The UK has recognised this in its transfer pricing rules which provide that SMEs are exempt from the transfer pricing rules. An SME under this definition is one that has less than 250 employees and either:
We note that this approach of completely carving SME taxpayers out of the transfer pricing rules need not however, prevent the ATO from still being able to gather information—
to address any concerns it has around related party dealings by SMEs.
… the Institute believes that penalties should not be imposed for any adjustment made under Subdivisions 815-B to 815-E on a SME taxpayer that has made reasonable efforts to comply with the legislation—
This is a big issue relating to the erosion of the Australian tax base. Over time, the erosion of the tax base will become material. You’ve got X billion dollars of revenue . . . being earned—
paying very little tax in Australia.
To the Honourable The Speaker and Members of the House of Representatives
This Petition to Recognise Deaths in the Transport Industry
Draws to the attention of the House that Too many professional Truckies die on our roads, at rates of up to 30:1 compared to any other job in Australia !
Decreasing the Road Toll and providing incentives for safer roads is in every human beings interest.
We therefore ask the House to act now to include Danger Money as part of our award, paid as a Tax Free amount of $100 dollars per day.
All three nominated projects validate the strength of the ACT property industry.
That further statements on indulgence on Pope Francis I be permitted in the Federation Chamber.
… the GST revenue should be distributed on what is closer to a per capita arrangement.
“This is the unified position of the Coalition premiers. I think it makes a lot of sense.”
That the House take note of the documents.
Report relating to the consideration of bills introduced 12 to 14 March 2013.
1. The committee met in private session on 13 and 14 March 2013.
2. The committee determined that the following referrals of bills to committees be made—
Standing Committee on Climate Change, Environment and the Arts:
REASONS FOR REFERRAL/PRINCIPAL ISSUES FOR CONSIDERATION:
This is a major change to the EPBC Act and requires very close scrutiny.
Standing Committee on Infrastructure and Communications:
REASONS FOR REFERRAL/PRINCIPAL ISSUES FOR CONSIDERATION:
Referral is proposed because of the extremely short timeframe the Government has proposed for consideration of these laws. The Government's so-called 'media reforms' are the largest shakeup of media regulation since 2006. Some of the most important elements of these measures, such as the precise criteria defining the 'public interest' which the legislation will apply to changes of media ownership, have not been publicly disclosed prior to introduction of these bills. As a result there has been no opportunity to consider any unintended consequences or conflicts with existing laws and regulations. The laws also propose the first direct government controls over material published in newspapers in peace time in Australian history. To expect the Parliament to debate and vote on such far-reaching bills without the opportunity to call witnesses, to hear evidence and to undertake the detailed objective scrutiny only a committee process provides would be an abuse of the democratic process.
That Mr McClelland be discharged from the Joint Standing Committee on Treaties and that, in his place, Mr L. D. T. Ferguson be appointed a member of the committee.
The threat posed to free speech by the Government s proposed media reforms.
The public interest advocate when it comes to the Press Council functions is simply a registration function, that the Press Council itself is upholding its own positions.
What Australians want to see is the media be accountable through the Australian Press Council. The Government or the advocate are not changing a single standard that the Press Council currently has.
Freedom is at stake, liberty is at stake, democracy is at stake …
The media in Australia have a unique and important role in keeping the Australian public informed.
In developing the Bill the Government—
has sought to achieve a balance between the public interest in allowing a free flow of information to the public through the media and the individual's right to privacy.
In order to achieve this balance, the Bill does not apply to acts and practices of media organisations in the course of journalism—
where the media organisation has publicly committed itself to observing published standards that deal with privacy in a media context.
A free press is the unsleeping guardian of every other right that free men prize; it is the most dangerous foe of tyranny … Under dictatorship the press is bound to languish, and the loudspeaker and the film to become more important. But where free institutions are indigenous to the soil and men have the habit of liberty, the press will continue to be the Fourth Estate, the vigilant guardian of the rights of the ordinary citizen.
Why should any man be allowed to buy a printing press and disseminate pernicious opinions calculated to embarrass the government?
The self-righteous bloviating from press interests, and the shrill coverage from News Limited papers in particular, leads to the suspicion that Senator Conroy can't be far wrong with his tiny package of media reforms.
The Daily Telegraph, without a glimmer of irony, thinks it is an ''aggressive attempt to silence your media''.
Kim Williams, Rupert Murdoch's provincial governor, said this is the first government outside of wartime to ''attack freedom of speech''.
The ever-reliable ''professor'' David Flint thinks the media plan is an assault on the very foundations of our federation.
Opposition spokesman Malcolm Turnbull declared—
''Freedom is at stake, liberty is at stake, democracy is at stake.''
And this from a Liberal Party spokesman whose leader has growled at the ABC about its ''bias'' and about whom the public broadcaster lives in fear of retribution.
What is really at stake is how far these special pleaders can get away with their over-egged rhetoric.
Maybe forgotten in the excitement is the realisation that under the Conroy plan, Murdoch's News Limited will now have its Foxtel pay TV operations subject to a public interest test for mergers and acquisitions. It can't get more shocking than that.
The main components of the Minister for Communications' announcement on Tuesday, about which the details, expected to be revealed on Thursday, are: self-regulating press standards with oversight by a public interest media advocate; and a public interest test for media mergers and acquisitions.
Some TV ''reach'' provisions are to be referred to a parliamentary committee that is expected to solve something that the free-to-air moguls can't agree on themselves. So one point at a time.
The main print standards body will still be the industry-run Australian Press Council, although the plan envisages the possibility of competing self-regulatory bodies that are approved or ''declared'' by the public interest media advocate.
The standards or codes of journalistic conduct are the ones that presently exist. The industry will remain self-regulating and no government funding is to be provided.
The PIMA would have oversight of the media councils, seeing that they were doing their jobs properly and responding to complaints appropriately.
Where's the threat to free speech, liberty and democracy in that tiddlywinks scheme?
The complaints are a bit rum when you consider that historically the press barons fought tooth and nail against the implementation of even an industry-run council. They turned on and off the funding faucet whenever it suited and generally regarded the whole process with disdain.
Now the Australian Press Council is being embraced as the rock on which our freedoms are built.
Instead of fines and torture as penalties for disobedience proposed by the Finkelstein review, it is now a carrots and sticks approach.
Journalist exemptions under the Privacy Act would apply only to those media organisations who signed up to a self-regulating press standards body. How wicked is that?
A free press is the unsleeping guardian of every other right that free men prize; it is the most dangerous foe of tyranny … where free institutions are indigenous to the soil and men have the habit of liberty, the press will continue to be the Fourth Estate, the vigilant guardian of the rights of the ordinary citizen.
This government will go down in history as the first Australian government outside of war time to attack freedom of speech by seeking to introduce a regime which effectively institutes government-sanctioned journalism.
This is an unprecedented restriction that is wholly inconsistent with the notion of a free press.
… there's no evidence that there is a problem to solve in Australia. We can't see the purpose of further regulation of news publications.
I never dreamed—never feared—Australia would have a government plotting to control journalists it did not like.
It's a disaster for us all. It's profoundly disappointing. The voice of industry was ignored.
… the committee emphasises that, as required by the right of reply resolution, it has not considered or judged the truth of any statements made by the member in the House or by the person seeking a response.
That Mr Murphy, Mr Neville, Mr Oakeshott, Mr Turnbull and Mr Zappia be appointed members of the Joint Select Committee on Broadcasting Legislation.
Customs Amendment (Anti-Dumping Commission) Bill 2013
Customs Amendment (Miscellaneous Measures) Bill 2012
Completion of Kakadu National Park (Koongarra Project Area Repeal) Bill 2013
Message received from the Senate returning the bills without amendment or request.
That the member for Mitchell be permitted to address the parliament until 4.30 pm on the issue that was raised in the Matter of Public Importance.
A 20m stretch of road made from big jarrah discs was found under bitumen near Belmont Avenue.
Thought to have been built by convicts in 1867, the road gives an insight into WA's convict history and early infrastructure.
Governor John Hampton ordered construction of the road. Convicts had to lay the wood discs, known as Hampton's cheeses, and fill the spaces with limestone or soil.
State Heritage Office executive director Graeme Gammie said this type of road was Mr Hampton's solution to the problem settlers faced in getting carts to Guildford.
One of the five goals of the national cultural policy is to recognise, respect and celebrate the centrality of Aboriginal and Torres Strait Islander cultures to the uniqueness of Australian identity. Through Creative Australia we will work to preserve the hundreds of languages used in Aboriginal and Torres Strait Islander communities and provide support for traditional and contemporary forms of cultural expression.
The DEPUTY SPEAKER ( Mr BC Scott ) took the chair at 09:30.
That order of the day No. 1, committee and delegation reports, be postponed until a later hour this day.
The majority of panel members support a referendum in 2013 subject to two conditions: first, that the Commonwealth negotiate with the States to achieve their support for the financial recognition option; and second, that the Commonwealth adopt steps suggested by ALGA necessary to achieve informed and positive public engagement with the issue, as set out in the section of this report on the concerns about a failed referendum (see page 16). Steps include allocating substantial resources to a major public awareness campaign and making changes to the referendum process.
Coalition members noted that the Chair’s Preliminary Report recommended action be taken immediately to put in place the necessary steps to hold the referendum in conjunction with the 2013 Federal election.
We held concerns that the time was insufficient but remained open to the prospect that such immediate action may address those concerns. However, it is clear that such urgent and immediate action has not occurred and seven weeks has passed with little if any progress.
Coalition members are now of the opinion that the time remaining between now and the nominated election date of 14 September 2013 is insufficient to put in place all the necessary mechanics, formal, informal and partisan education campaigns and to otherwise ensure an informed outcome for the referendum question.
We acknowledge concerns regarding the impact of further High Court cases that may impact on the constitutionality of direct payments to local governments by the Commonwealth and that delays in granting constitutional financial recognition may come at a cost to the many valuable services provided at a local government level.
As noted, the Committee received constitutional evidence that clearly demonstrates that avenues exist for funding currently provided directly to local government, to still be provided in full, even in the face of (potential) judicial findings that direct payments are not constitutional.
The most obvious avenue is through grants through the states, tied on the basis that they must be both passed on in full and subject to use for the programs currently funded (or as directed under future Commonwealth-local government programs).
Coalition members acknowledge that this is a less clean avenue than direct payment, but accept the evidence that options such as this are available and that, accordingly, there is likely to be no potential risk of loss of funding to local government, eventuating from further developments following the Pape andWilliams cases.
As such, we consider there to be little financial risk to local government in delaying the holding of a referendum on financial recognition of local government in the Constitution, until such time as the conditions previously discussed have been met.
As such, Coalition members of the Committee recommend that a referendum on the issue of financial recognition of local government only be held after the pre-conditions posed by the Expert Panel and those previously promoted by ALGA, have been met.
The majority of panel members support a referendum in 2013 subject to two conditions: first, that the Commonwealth negotiate with the States to achieve their support for the financial recognition option; and second, that the Commonwealth adopt steps suggested by ALGA—
necessary to achieve informed and positive public engagement with the issue, as set out in the section of this report on the concerns about a failed referendum … Steps include allocating substantial resources to a major public awareness campaign and making changes to the referendum process.
… this is a mechanism for local government to get a larger agreed share of the total financial pie. That is what local government is legitimately looking for and that is what it should be looking for. State governments are incrementally allowing local government a larger share of responsibility and resources in the federal system as a whole, as is the federal government. When anything major happens, the first thing that both federal and state governments agree on, once they have agreed that they need to do something, is who is going to do it, and more often than not local government plays a huge role.
So we really need to recognise that this is about increasing, in a planned, sustainable way, the financial flows of resources to local government—growing them, even though that should occur necessarily as a result of both federal government and state government being prepared to share those resources with the third tier of government more effectively. That is what this is about.
Although this is an issue of status, it is clearly of great significance to local councils throughout Australia.
… local government and its advocates raised concerns that Commonwealth funding via State governments is inefficient, ineffective, and may result in a reduction of the money flowing to local government by reason of deductions for administrative expenses.
For crying out loud, surely we have a right to be able to make a bloody mobile phone call without having to climb a tree or sit on a silo!
… businesses are unable to capitalise on advances in technology to improve productivity—for example, agricultural applications that use mobile technology to record and process data in the field.
Business in general has become more cost efficient through the use of technology, there is a definite productivity contrast between those farmers who enjoy mobile coverage, and those that don't. This impacts not only on profitability and competition, but will also have a negative impact on land values.
I think it’d be better off not belonging to the Government,” he said. “But I just think it’s going to be very hard practically, and I used to sell businesses and assets for a living, it’d be very hard to sell for quite a long time.
Fibre-to-the-node, around the world, costs between one quarter and one third of fibre-to-the-premises.
That is the experience in North America and Europe.
Reliability is much higher on fibre. There are lots of different types of copper in the network, a whole range: paper filled, jelly filled, some aluminium, some direct buried, some in conduits, some in ducts. It is hard to generalise other than to say that, in general, copper maintenance costs are rising, particularly in those places where you have damp conditions and you are subject to wet weather.
Residents … voiced their disappointment in the Government for cancelling the Howard Government’s contract with the OPEL consortium to deliver a broadband network in outer suburban and rural and remote Australia by 2009.
"It is something that we see in our work every day—the affect of violence and women who are affected by violence—and we thought this was a positive way to bring this issue to life."
… … …
Miss Handley said the event was not just for women. "There are great men who stand up against violence so we really encourage men to come down and rise up and join us. We need men and women to stop violence against women."