The SPEAKER ( Hon. Tony Smith ) took the chair at 09:30, made an acknowledgement of country and read prayers.
Report relating to the consideration of committee and delegation business and of private Members ' business
1. The committee met in private session on Tuesday, 28 February 2017.
2. The committee determined the order of precedence and times to be allotted for consideration of committee and delegation business and private Members' business on Monday, 20 March 2017 as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
PRIVATE MEMBERS ' BUSINESS
Notices
1 MR SHORTEN: To present a Bill for an Act to amend the Fair Work Act 2009 , and for related purposes. (Fair Work Amendment (Protecting Take Home Pay) Bill 2017 )
( Notice given 27 February 2017. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
2 MR BANDT: To present a Bill for an Act to amend the Fair Work Act 2009 , and for related purposes. (Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017 )
( Notice given 27 February 2017. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
3 MR WILKIE: To present a Bill for an Act to restrict the export of live animals for slaughter pending its prohibition, and for related purposes. ( Live Animal Export Prohibition (Ending Cruelty) Bill 2017 )
( Notice given 28 February 2017. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
4 MS MCGOWAN: To present a Bill for an Act to amend the National Land Transport Act 2014 , and for related purposes. (National Land Transport Amendment (Best Practice Rail Investment) Bill 2017 )
( Notice given 28 February 2017. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
5 MS O ' TOOLE: To move:
That this House:
(1) notes that:
(a) families in regional and rural Australia rely on penalty rates to survive;
(b) the Fair Work Commission's (FWC's) decision to cut penalty rates will hurt retail and hospitality workers and their families in regional and rural Australia;
(c) the take home pay of families in regional and rural Australia will be severely impacted as a result of the FWC's decision to cut Sunday and public holiday penalty rates for retail and hospitality workers;
(d) cutting penalty rates in regional and rural areas would also have a devastating flow-on impact for regional economies; and
(e) the McKell institute estimates that disposable income in regional areas will fall by between $174.6 and $748.3 million if penalty rates are cut in hospitality and retail awards;
(2) condemns Government Members and Senators who called for cuts to penalty rates and their continuous pressuring of the FWC to reduce penalty rates; and
(3) calls on:
(a) Government Members and Senators to stand with Labor to protect low paid workers take home pay; and
(b) the House to support Labor's Fair Work Amendment (Protecting Take Home Pay) Bill 2017, to amend the Fair Work Act 2009 .
( Notice given 28 February 2017. )
Time allotted—30 minutes.
Speech time limits—
Ms O ' Toole—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
6 MR HASTIE: To move:
That this House:
(1) recognises the strong historic relationship that exists between Australia and the United States of America;
(2) acknowledges the Australia, New Zealand, United States Security Treaty, which for the past 65 years has provided for our mutual defence, anchored regional stability, and spurred economic growth;
(3) notes the many ties that bind our nations together, in areas including:
(a) intelligence and law enforcement, where information sharing and coordination are at all-time highs, which has led to the prevention of far more terrorist attacks than have occurred;
(b) security cooperation, in which Australia has made valuable contributions in the past 15 years to the United States-led campaigns against terror in Afghanistan, Iraq and across the Middle East, noting as well that the United States Force Posture Initiatives in Australia, launched in 2012, have and will continue to enhance the readiness and interoperability of our militaries;
(c) trade, with the Australia-United States Free Trade Agreement in particular having expanded the flow of fair, free, and high-standard trade between our countries for 12 years;
(d) investment, recognising that the United States is Australia's largest foreign investor, and the top destination for Australian investment, with mutual investment by the United States and Australia in each other's economies having grown to nearly AUD$2 trillion; and
(e) political engagement, including the frequent exchange of politicians, officials and dignitaries between our nations, recognising in particular that over the last three years alone, the President, Vice President, and half of the President's cabinet has visited Australia, as well as more than 100 congressional delegations and prominent United States governors; and
(4) affirms that our nations' mutual and long-standing commitment to freedom, democracy and the pursuit of happiness will continue to guide and shape our relationship into the future, through both challenging and prosperous times ahead.
( Notice given 27 February 2017. )
Time allotted—remaining private Members ' business time prior to 12 noon
Speech time limits—
Mr Hastie—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS ' BUSINESS
Notices
1 MS CLAYDON: To move:
That this House:
(1) notes that International Women's Day:
(a) was celebrated on Thursday 8 March, with this year's theme being Be Bold for Change; and
(b) is an important time to reflect on Australia's achievements in advancing gender equality, but also recommit to action to break through remaining barriers, including:
(i) gender pay inequity, which has remained unbalanced for two decades and currently sits at 17 per cent;
(ii) representation of women in leadership, with gender equality in the Federal Parliament not likely to be achieved until 2046 on the current trajectory; and
(iii) violence against women, which results in one Australian woman being killed by a partner or former partner on average every week;
(2) calls on the Government to:
(a) stand up for female workers and oppose cuts to penalty rates that will exacerbate the existing gender pay gap;
(b) abandon plans to cut Paid Parental Leave which will see 70,000 new mothers worse off each year;
(c) rule out cuts to women's refuges currently funded through the National Affordable Housing Agreement; and
(d) abandon cuts to community legal centres that assist women and children escaping family violence.
( Notice given 28 February 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms Claydon—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
2 MS M. L. LANDRY: To move:
That this House notes that:
(1) the Australian coal industry plays a vital role in the creation of jobs and investment in this country, particularly in central Queensland;
(2) coal-fired power stations have an ongoing role in Australia in ensuring consistent, affordable and safe supply of electricity for all Australians;
(3) while acknowledging the current and future growth of renewable energy sources in Australia, energy sourced from coal will continue to be a major contributor to our national energy output for the foreseeable future; and
(4) major resource company directors in Australia have flagged concerns that a lack of 'energy security' in Australia would make major minerals and resources projects unviable, deterring future international investment and harming jobs and growth.
( Notice given 27 February 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms M. L. Landry—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3 MS T. M. BUTLER: To move:
That this House:
(1) commends the work funded by the Australian Development Assistance program through bilateral, multilateral and non-government organisation partners like Save the Children, to strengthen governance, democracy and vulnerable communities across Myanmar;
(2) is cognisant of and concurs with international concern about the marginalisation and displacement of Muslims in Rakhine State in Myanmar, particularly since 2012;
(3) expresses its grave concern about the coordinated attacks on Border Guard Police posts of 9 October 2016, at three locations in northern Rakhine State, and:
(a) offers its condolences to the families of the nine police officers who were killed and to the Myanmar people;
(b) abhors the violence and the theft of guns and ammunition; and
(c) asserts that those responsible for such a heinous crime should be brought to justice;
(4) observes also that in the interests of democracy, peace, security and human rights, the rule of law should be upheld in Rakhine State, and calls on security forces to conduct security operations in a manner that does not marginalise or displace people in Rakhine State;
(5) notes:
(a) the very real risk that excessive use of force may have on the effect of radicalising and further marginalising the Muslim community in Rakhine State, increasing conflict and hampering efforts to achieve peaceful outcomes; and
(b) with deep concern, the report on 3 February 2017 from the Office of the United Nations High Commissioner for Human Rights on reported human rights violations occurring in northern Rakhine State;
(6) acknowledges:
(a) the national-level bodies established to investigate reports of human rights abuses in northern Rakhine State and urges them to undertake credible, thorough and impartial investigations;
(b) the work of the Special Rapporteur on the situation of human rights in Myanmar, and commends the Myanmar State Counsellor (MSC) for meeting with the Special Rapporteur; and
(c) also the Advisory Commission on Rakhine State, and commends the MSC for having established that Commission; and
(7) calls upon the civilian government, military, and parliament of Myanmar to redouble their efforts to end the marginalisation and displacement of Muslims in Rakhine State, and to seek to create conditions in which all residents of Rakhine State can live peacefully, can have access to education and healthcare, and can have freedom of movement.
( Notice given 28 February 2017. )
Time allotted—30 minutes.
Speech time limits—
Ms T. M. Butler—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
4 MR L. S. O ' BRIEN: To move:
That this House:
(1) acknowledges the findings of the Royal Commission into Trade Union Governance and Corruption, which found 'widespread and deep-seated' misconduct by union officials;
(2) recognises the outstanding work of the Trade Union Joint Police Taskforce (Taskforce) in New South Wales, Queensland, Victoria and the Australian Capital Territory, which are investigating 34 referrals of alleged criminal breaches from the Royal Commission;
(3) calls on the Queensland Government to overturn the decision to withdraw from participating in the Taskforce; and
(4) condemns the Queensland Government and Australian Labor Party for putting their union mates before Queensland's lowest paid and most vulnerable workers.
( Notice given 27 February 2017. )
Time allotted—remaining private Members ' business time prior to 1.30 pm
Speech time limits—
Mr L. S. O ' Brien—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS ' BUSINESS
Notices—continued
5 MR B. K. MITCHELL: To move:
That this House:
(1) notes that:
(a) the retail trades industry is the second largest employment category in Australia;
(b) one third of workers in the retail trade industry are between 15 to 24 years of age;
(c) the Fair Work Commission's (FWC's) decision to cut penalty rates in the retail trade will disproportionately affect young people;
(d) the take home pay of young retail workers will be severely hit as a result of the FWC's decision to cut Sunday and public holiday penalty rates for young retail workers;
(e) cutting penalty rates for young retail workers increases cost of living pressures as many are studying during the week; and
(f) young retail workers will have to work longer hours for the same pay, with less time to study;
(2) condemns Government Members and Senators who called for cuts to penalty rates and their continuous pressuring of the FWC to reduce penalty rates; and
(3) calls on:
(a) Government Members and Senators to stand with Labor to protect low paid workers take home pay; and
(b) the House to support Labor's Fair Work Amendment (Protecting Take Home Pay) Bill 2017, to amend the Fair Work Act 2009 .
( Notice given 28 February 2017. )
Time allotted—40 minutes.
Speech time limits—
Mr B. K. Mitchell—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
6 MS FLINT: To move:
That this House:
(1) notes that:
(a) there are 2.1 million small businesses in Australia, accounting for 97 per cent of businesses in Australia;
(b) the small business sector employs almost five million Australians;
(c) Australia's small businesses are at their best when Australians shop locally;
(d) the Government has:
(i) a plan to cut taxes for Australia's small businesses;
(ii) backed small business with access to the $20,000 instant asset write-off programme;
(iii) a plan to increase by 90,000, the number of small businesses to which this programme applies; and
(iv) levelled the playing field for small businesses online through changes to GST on purchases from overseas; and
(e) small business confidence was at a six-year high in January 2017; and
(2) calls on all Australians to:
(a) continue to support Australia's small business sector by shopping locally;
(b) use local providers of goods and services—including those online—to drive future job creation, higher wages and better opportunities for Australians;
(c) take advantage of changes to Australia's Country of Origin labelling system to buy Australian products; and
(d) think local first with every dollar they spend.
( Notice given 27 February 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms Flint—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
7 MR HILL: To move:
That this House:
(1) notes:
(a) that Australian citizenship is precious and the community must have confidence that the Australian Citizenship Act 2007 is administered fairly, impartially and with integrity;
(b) that the law provides that Australian citizenship by conferral is available to everyone who meets the legislated criteria, regardless of visa class; and
(c) the enormous, inexplicable and unconscionable delays by the Department of Immigration and Border Protection in processing thousands of citizenship applications;
(2) acknowledges the devastating impact of delays and uncertainty on affected people, whose lives are in limbo, whose mental health is suffering, who are often unable to travel and who have been separated from their family for many years;
(3) notes the Federal Court of Australia in BMF v Minister for Immigration and Border Protection [2016] case which:
(a) found that there had been unreasonable delays in the department's processing of citizenship applications of two men on protection visas who had been waiting 18 months and 23 months, respectively;
(b) received evidence from the Minister for Immigration and Border Protection that more than 10,000 applications requiring 'further assessment' were outstanding as of July 2016, yet only 12 officers in the department were even trained to assess these applications; and
(c) noted that the evidence provided suggested that something beyond resourcing of the citizenship program had caused very significant delays, and that the possibility of applications being ordered by reference to an 'unreasonable rationale' could not be excluded; and
(4) calls on the Government to:
(a) admit to and apologise for these delays;
(b) take immediate action to process the full backlog of citizenship applications this year; and
(c) publicly assure affected people and the wider community that the citizenship function will be administered fairly, impartially and expeditiously in the future.
( Notice given 27 February 2017. )
Time allotted—40 minutes.
Speech time limits—
Mr Hill—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
8 MR VAN MANEN: To move:
That this House:
(1) denounces the Queensland Government's underinvestment in infrastructure throughout the state;
(2) notes that:
(a) the Queensland Government:
(i) has savagely cut infrastructure spending in Queensland, sapping confidence and costing jobs; and
(ii) slashed infrastructure spending by more than $2 billion in its first year in office;
(b) over the next four years, infrastructure spending has been cut by almost $3 billion; and
(c) the Queensland Government:
(i) has not funded one new major infrastructure project in two years in office; and
(ii) is more interested in political point scoring than working collaboratively with the Australian Government on new infrastructure projects; and
(3) calls on the Queensland Government to reverse this concerning trend and deliver infrastructure that the people of Queensland require and the Queensland economy desperately needs.
( Notice given 27 February 2017. )
Time allotted—remaining private Members ' business time prior to 7.30 pm
Speech time limits—
Mr van Manen—10 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 1 x 10 mins + 7 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017
That this bill be now read a second time.
Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017
That this bill be now read a second time.
That so much of the standing orders be suspended as would prevent the debate on the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017 proceeding immediately, the bill being given priority over all other business for passage through all stages without interruption, and if consideration of the bill has not concluded by 12 pm on Wednesday, 1 March 2017, any detailed amendments that have been circulated prior to 12 pm being deemed to have been moved and any necessary questions to complete consideration of the bill being put without delay.
That so much of the standing orders be suspended as would prevent the debate on the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017 proceeding immediately, the bill being given priority over all other business for passage through all stages without interruption, and if consideration of the bill has not concluded by 12 pm on Wednesday, 1 March 2017, any detailed amendments that have been circulated prior to 12 pm being deemed to have been moved and any necessary questions to complete consideration of the bill being put without delay.
That the member be no longer heard.
The House divided. [09:51]
(The Speaker—Hon. Tony Smith)
That the Member be no longer heard.
The House divided. [09:58]
(The Speaker—Hon. Tony Smith)
The House divided. [10:01]
(The Speaker—Hon. Tony Smith)
Personal Property Securities Amendment (PPS Leases) Bill 2017
That this bill be now read a second time.
Social Services Legislation Amendment (Omnibus Savings and Child Care Reform) Bill 2017
The House divided. [10:34]
(The Speaker—Hon. Tony Smith)
The House divided. [10:40]
(The Speaker—Hon. Tony Smith)
(1) Schedule 4, page 233 (after line 10), after item 235, insert:
235A After section 232
Insert:
232A Community Child Care Fund—guidelines for funding
(1) The Secretary must, no later than 1 July 2017, publish on the Department's website guidelines outlining the criteria that will be used in determining how funding will be allocated from the Community Child Care Fund.
(2) The Minister must table before each House of the Parliament, on the next sitting day of the House after the guidelines are published under subsection (1), a copy of the guidelines.
232B Community Child Care Fund—assessment of likely impact on rural and regional areas
(1) The Secretary must, no later than 1 July 2017:
(a) conduct an assessment of the impact that the replacement of the Budget Based Funded Program with the Community Child Care Fund will have on communities in rural and regional Australia (the rural and regional impact assessment ); and
(b) publish a report of the rural and regional impact assessment on the Department's website.
(2) The rural and regional impact assessment must include, for each rural or regional area of each State and Territory of Australia:
(a) a statement of the number of child care places that will be available in the area under the Budget Based Funded Program on 1 July 2017, as compared with the number of child care places that will be available under the Community Child Care Fund on 1 July 2018; and
(b) an estimate of the number of child care services in the area that will cease to operate during the financial year beginning on 1 July 2017 (if any); and
(c) an estimate of the number of child care services that will begin to operate in the area during the financial year beginning on 1 July 2017 (if any); and
(d) an assessment of any other impacts that the replacement of the Budget Based Funded Program with the Community Child Care Fund will have on communities in the area.
(3) The Minister must, by legislative instrument, determine the way in which rural and regional areas in the States and Territories are to be identified for the purposes of carrying out the rural and regional impact assessment.
(4) In conducting the rural and regional impact assessment, the Secretary must consult with community groups representing communities in each rural or regional area of each State or Territory of Australia in relation to which the assessment is conducted.
(5) The Minister must table before each House of the Parliament, on the next sitting day of the House after a report of the rural and regional impact assessment is published under paragraph (1) (b), a copy of the report.
232C 2017 child care reforms—continuing assessment of impact
(1) The Secretary must assess the impact of the 2017 child care reforms on communities in rural and regional Australia on an ongoing basis, and publish those assessments, in accordance with this section.
(2) The assessments must relate to each financial year beginning on and after 1 July 2018.
(3) The assessments must include, for each rural or regional area of each State and Territory of Australia:
(a) a statement of the number of child care places that were available in the area during the relevant financial year; and
(b) an assessment of whether any more child care places were needed in the area during the relevant financial year and, if so, how many and where; and
(c) an estimate of the number of child care services in the area that ceased to operate during the relevant financial year (if any); and
(d) an estimate of the number of child care services that began operating in the area during the relevant financial year (if any); and
(e) an assessment of any other impacts that the 2017 child care reforms have had on communities in the area during the relevant financial year.
(4) The Minister must, by legislative instrument, determine the way in which rural and regional areas in the States and Territories are to be identified for the purposes of carrying out the assessment.
(5) In conducting the assessment, the Secretary must consult with community groups representing communities in each rural or regional area of each State or Territory of Australia in relation to which the assessment is conducted.
(6) The assessment for a financial year must be published on the Department's website within 2 months after the end of the year.
(7) The Minister must table a copy of the assessment for a financial year before each House of the Parliament, on the next sitting day of the House after the assessment is published on the Department's website.
(8) In this section:
2017 child care reforms means:
(a) the child care subsidy; and
(b) the additional child care subsidy; and
(c) the Community Child Care Fund; and
(d) the Inclusion Support Programme.
[greater transparency in 2017 child care reforms]
The funding reform proposal will no doubt ensure the closure of up to 90% of the current BBF mobile children's services across rural and remote communities in Australia.
What is going to happen to our services? In 2018 they will have to close their doors.
The House divided. [11:28]
(The Speaker—Hon. Tony Smith)
The House divided. [11:34]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
The House divided. [11:41]
(The Speaker—Hon. Tony Smith)
Farm Household Support Amendment Bill 2017
On the basis of the evidence before us, we have concluded that reducing penalty rates may have a modest positive effect on employment.
Well, this is Australia and if you come to our country you abide by our laws and one of the things that sets us apart from many other nations is our respect of women.
We all want our daughters to succeed, to be in loving relationships, get a good education, get a good job and be the equal of any man in this country and it is unacceptable and I'm sure it is unacceptable frankly for the vast majority of the Islamic community as well.
… the overall decision of this commission, which I have got to say I support being a small business operator.
I … caution the Greens from their sideshow position that they need to be careful, they're playing with fire by proposing that a government should be able to legislate on specific penalty rate outcomes. They are loading the gun for a future conservative government to pull the trigger because what the Government has the power to put in, a future government has the power dismantle.
The independent umpire, the system of conciliation and arbitration has served this nation well for 120 years.
'The Government’s failure to deliver on its health promises'.
... Labor has made it crystal clear that we are committed to retaining all of the existing Private Health Insurance rebates …
How did I pay for it? I paid for it by targeting private health insurance.
… I commend the government for its sensible decision to delay implementation until all necessary systems are fully in place.
… the decision this week to delay implementation of the program was a positive indication of the Federal Government's commitment to safe, high quality health care for Australian patients.
… Diabetes Australia fully supports the current timing and approach being taken for the safe, reliable and effective delivery of the new CGM program to maximise the benefits to children and young people with type 1 diabetes.
It is far from certain that the Gillard promises would ever have been fulfilled. They were looking far into the future and their increases were never budgeted for. History shows budgets change dramatically from year to year, and something cannot be taken away if it was never given in the first place.
This problem is just going to get dramatically worse and very quickly.
You are going to end up in a public emergency department or you will be calling an ambulance out.
That is even worse because we know an ambulance call-out costs the taxpayer at least $800 and a presentation to a public hospital emergency department costs the taxpayer at least $200.
Farm Household Support Amendment Bill 2017
… about unsatisfactory service from Department of Human Services and Centrelink with staff unable to provide accurate or consistent information about farm household assistance resulting in excessive waiting times for benefits …
I acknowledge the FHA—
assessments are detailed and can take some time before they are approved, resulting in a delay in the period from first applying to when funds are made available …
I appreciate that waiting for applications to be assessed can be stressful …
I think there's some streamlining that can be done to ensure we have a system that is fit for purpose.
I am writing to advise you that I no longer have confidence in my capacity to resolve matters relating to integrity with you.
That this bill be now read a third time.
Treasury Laws Amendment (Bourke Street Fund) Bill 2017
Tax and Superannuation Laws Amendment (2016 Measures No. 2) Bill 2016
National Disability Insurance Scheme Savings Fund Special Account Bill 2016
I'm worried the Government are increasingly divesting themselves from the original plan for NDIS that Julia Gillard and Labor Government laid out.
It is not obvious why this new fund is needed. Its purpose, apart from the generic one of funding the NDIS, is not clear and we don't believe it should be supported in its present form.
The Alliance does not support the Savings Fund as constructed in the bill … the notion of a funding shortfall portrayed in the bill and Ministers speech—
is actually concerning and—
perplexing.
It is believed that the creation of this Special Account … places essential disability services and supports as non-core business of the Australian Government, with their full funding being dependent on other budget savings measures identified by the Government of the day.
… it is not obvious why this new fund is needed. Its purpose, apart from the generic one of funding the NDIS, is not clear, and we do not believe it should be supported in its present form.
It is believed that the creation of this special account … places essential disability services and support as non-core business of the Australian government, with their full funding being dependent on other budget-saving measures identified by the government of the day.
This has rightly caused concern amongst the disability sector, as a core part of the NDIS is the independent management of Commonwealth and State government funds by the NDIA. In addition, the funding cap sends a message that funding for the NDIS could be restricted, and consequently services and supports made available under the scheme would be limited.
There have been many, many inaccurate news reports about cost blowouts in the NDIS, and they are all inaccurate ... I can say on the record that the NDIS is tracking to budget.
… it is not obvious why this new fund is needed. Its purpose, apart from the generic one of funding the NDIS, is not clear and we do not believe it should be supported in its present form.
It is believed that the creation of this special account … places essential disability services and support as non-core business of the Australian government, with their full funding being dependent on other budget-saving measures identified by the government of the day.
… the alliance does not support the savings fund as constructed in the bill.
… … …
… the notion of a funding shortfall, portrayed in the bill and the minister's speech is, actually, concerning and perplexing.
The Minister for Social Services will be solely responsible for policy and management of the fund, which gives greater control to the Commonwealth and removes independence from the management of part of the Scheme's funding base. This has rightly caused concern amongst the disability sector, as a core part of the NDIS is the independent management of Commonwealth and State government funds by the NDIA.
There is nobody in this country who got rich on their own. Nobody. You built a factory out there—good for you. But I want to be clear. You moved your goods to market on roads the rest of us paid for. You hired workers the rest of us paid to educate. You were safe in your factory because of police forces and fire forces that the rest of us paid for. You didn't have to worry that marauding bands would come and seize everything at your factory … Now look. You built a factory and it turned into something terrific or a great idea—God bless! Keep a hunk of it. But part of the underlying social contract is you take a hunk of that and pay forward for the next kid who comes along.
The DEPUTY SPEAKER ( Ms Bird ) took the chair at 10:11.
They know that the great majority of Sunday workers are already on low rates. They know, as the largest union in Australia, the SDA, negotiated the agreements in the first place
Particularly for Aboriginal people since the 1967 referendum right through to the Racial Discrimination Act, there have been some protections around the call out of racism. We have felt very much that section 18C should not be changed or tampered with, because it is very much speech and beliefs and opinions that are quite hateful and unfounded, and it does hurt very deeply. It can scar people for the rest of their lives, and sometimes Aboriginal people just wear it as a second skin because we are so used to it—so used to the call out and what we are being subjected to. Unfortunately, it is just one of those things we live with, like chronic diseases and dying 10 years earlier than other Australians et cetera. But, for a very small minority group, we still believe that we are here and we have survived, and we just live every day with racism.
There are thousands of incidents every day that could become a case but are not being reported because people are marginalised, disempowered or voiceless.
I think you are absolutely right in endorsing a stronger process and looking at the complaint-handling mechanism …
… I believe the Australian Human Rights Commission Act should be amended so that the complaint-handling process could be streamlined.
When you analyse all the impediments that they—
are putting in the way of someone making an unjustified complaint, the reality is they are putting an end to the industry. The recommendations are not what some of us who oppose 18C wanted, but I suspect they will do the job.
Mr Morris said that if the recommendations were introduced, a complaint similar to those against the QUT students would go nowhere. "The best part is the combined effect of all the protections they are proposing to put in for respondents to complaints," he said.
"If the report’s recommendations are adopted, it will lead to a level playing field so that respondents enjoy rights similar to complainants."
… any time you change a judicially well understood set of terms, you will create an incentive … to then relitigate …
… in a democratic and pluralist society freedom of expression is of special importance which may necessitate tolerance of obnoxious and hateful views which do not incite violence.'
… the Racial Hatred Bill 1994 is in some aspects completely contrary to the recommendations of these three reports.
The bill places no new limits on genuine public debate. Australians must be free to speak their minds, to criticise actions and policies of others and to share a joke. The bill does not prohibit people from expressing ideas or having beliefs, no matter how unpopular the views may be to many other people.
… the skinhead on the street yelling racist names and other insults at an Asian man, or a woman in traditional Islamic dress, not newspaper articles or anti-immigration pamphlets.
… create a crime of words. This will take the legislation across a certain threshold into the realm of thought police …
No man is an island, entire of itself; every man is a piece of the continent, a part of the main.
Recognising the profound impacts of serious forms of racism, the committee recommends that leaders of the Australian community and politicians exercise their freedom of speech to identify and condemn racially hateful and discriminatory speech where it occurs in public.
Just got kicked out of the unsigned Indigenous computer room. QUT stopping segregation with segregation…?
Just got kicked out of the unsigned Indigenous computer room. QUT stopping segregation with segregation…?
People do have a right to be bigots, you know.
I think that that hypothetical person working for some magazine that might be online—goodness knows—or whatever but does not have the backing of an organisation like News Corp is going to look at what happened to me and say: 'That bloke really got into a lot of trouble for telling the truth. I better not tell it myself.' If that is not a dampener on freedom of expression and freedom of speech, I do not know what is. To me, I think it is extremely sinister.
Freedom of political communication was burdened … [His] conduct involved the expression of political opinion …
We believe in the most basic freedoms of parliamentary democracy—the freedom of thought, worship, speech and association.
The time, it is to be hoped, is gone by, when any defence would be necessary of the "liberty of the press" … No argument, we may suppose, can now be needed, against permitting a legislature or an executive, not identified in interest with the people, to prescribe opinions to them, and determine what doctrines or what arguments they shall be allowed to hear. This aspect of the question, besides, has been so often and so triumphantly enforced by preceding writers, that it needs not be specially insisted on in this place … But the peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.
Just got kicked out of the unsigned indigenous computer room. QUT stopping segregation with segregation
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest;
People do have a right to be bigots, you know.
If a non-Aboriginal attempts to address any of these issues—
and an Aboriginal person is offended by this they can simply call ‘racist’ and the debate is shut down.
Democracy is not a tea party where people sit around making polite conversation. In democracies people get extremely upset with each other. They argue vehemently against each other's positions. (But they don't shoot.)
We do have very clear jurisprudence on what they mean taken together as a package—
People need to think about the impact on Aboriginal and Torres Strait Islander communities. Racism comes in many forms and should never be acceptable. We need to ensure that we are not creating environments where racism is acceptable.
The people on Palm Island need jobs, economic sustainability; health care programs that make a difference to the lives of the residents and opportunities for our children to access a TAFE or University education.
… when we create inclusive workplaces, so when workplaces tap into and value the differences between people—and that could be differences based on race and culture but also other areas of diversity such as disability, LGBTI identity, Indigenous identity or gender … individuals feel more engaged in their workplace. They are more likely to be productive, and they are more likely to be present. There is less absenteeism. And then, if you follow the money on that one, it leads to greater profitability and productivity.
Importantly, those surveyed exhibited poorer mental health and higher levels of psychological stress compared with those who had not experienced racism; and the levels of distress increased for those who had repeatedly been subjected to racist behaviour … levels of psychological distress were associated with the volume of racist experiences and not necessarily the type … experiences of everyday racism may be just as harmful to mental health as other more severe episodes.
2.32 Mr Bill Leak, an editorial cartoonist at The Australian newspaper who was subject to an 18C complaint, shared his concerns about the impact of his case on other cartoonists:
I think that that hypothetical person working for some magazine that might be online—goodness knows—or whatever but does not have the backing of an organisation like News Corp is going to look at what happened to me and say: 'That bloke really got into a lot of trouble for telling the truth. I better not tell it myself.' If that is not a dampener on freedom of expression and freedom of speech, I do not know what is. To me, I think it is extremely sinister.
2.33 Mr Paul Zanetti, also a cartoonist subject to an 18C complaint, shared this concern:
I am more exposed than Bill because I am an independent syndicator. It is a concern because it is designed to stifle freedom of thought, freedom of speech, freedom of expression. It is a form of thought police, where if you dare to step outside certain boundaries we have this law where anybody is entitled to come after you and drag you in front of a government institution. It could send you broke. You could lose your house—the ramifications of the rest of it where you are held personally liable. There is no protection for anybody who wants to exercise real freedom of speech or expression.
A number of submitters, particularly journalists and lawyers employed to represent them, argued that section 18C had a 'chilling effect' in relation to freedom of speech.26 For example, Dr Augusto Zimmerman identified that, as an academic, he has come across people 'who are intimidated and afraid of expressing their opinions', and further:
… even on radio interviews that I have given I have asked the person conducting the interview if he feels comfortable to say certain things. People are getting really worried these days about making comments.
I know this issue doesn't create one job, doesn't open one business, doesn't give anyone one extra hour. It doesn't make housing more affordable or energy more affordable.
We do not believe that any case has been made to alter sections 18C and 18D of the RDA …
Sections 18C and 18D of the RDA have been key components in the array of legislative and educative tools used by each of our communities in our efforts to counter-act racism. We are deeply concerned that a change to the substantive terms of sections 18C or 18D … would weaken those efforts …
The best part is the combined effect of all the protections they are proposing to put in for respondents to complaints … If the report's recommendations are adopted, it will lead to a level playing field so that respondents enjoy rights similar to complainants.
… the reality is that groups such as Aboriginal people do not have the same level of freedom of speech as the groups that we seem to be advocating for by talking about amending this provision.
We do not believe that any case has been made to alter sections 18C and 18D of the RDA.
Sections 18C and 18D of the RDA have been key components in the array of legislative and educative tools used by each of our communities in our efforts to counter-act racism. We are deeply concerned that a change to the substantive terms of section 18C of the Racial Discrimination Act would weaken those efforts.
The recommendations are not what some of us who oppose 18C wanted, but I suspect they will do the job. The best part is the combined effect of all the protections they are proposing to put in for respondents to complaints. If the report's recommendations are adopted, it will lead to a level playing field so that respondents enjoy rights similar to complainants.
We support the ‘filtering’ of complaints that can easily be identified as frivolous, vexatious or clearly having no reasonable chance of success through the application of a standard that should be met before proceeding further with the complaint.
If you did a ranking of the top 10 … it wouldn't be in the top 100.
The law of this country is the most important thing for me - through the law it allows us to practice privately our beliefs and to live peacefully and contribute and that’s what it’s all about, contributing.
Recognising the profound impacts of serious forms of racism, the committee recommends that leaders of the Australian community and politicians exercise their freedom of speech to identify and condemn racially hateful and discriminatory speech where it occurs in public.
Ms Swanson, please ask your Labor colleagues to block the changes to 18C. Freedom of speech blanketed across the board has its responsibilities, just like any other kind of freedom. The changes are being called for to give licence to anyone who feels like exercising their right to vilify anyone they like. Haven't Aborigines, Muslims, people with a disability and women of this country had enough of that already? Can our laws give some protection to 'underdogs', or do the intellectuals who have never been discriminated against get away with their nastiness because it is legal? Why would a decent country legalise the right to exercise hatred against minorities? We are not allowed to exercise the 'freedom' to hit people with a baseball bat because we don't like them, so we must also not be allowed to damage people psychologically by demeaning them with words. The Labor Party is better than this.
The current well established and well supported provisions strike the appropriate balance between freedom of speech and freedom from racial abuse and should be retained and strongly supported by all Australians.
Everyday Australians take their cues from the laws set by their Parliament.
… the debate around section 18C over the past few years is so highly charged and politicised that any perceived weakening … of the law will also be seen by those who are against 18C as enabling the kind of racial vilification that we try to prohibit through this law.
The complainant who is Hindu, of Indian ethnic origin and over 50 years of age was employed by the respondent mining company as an engineer. He claimed managers and supervisors:
- referred to him as an 'Indian bastard' and told him ‘Indians are fools and useless’, ‘you’re the next curry muncher on the list’ and ‘Indian c**ts can’t work for sh*t’;
- called him a ‘bloody Hindu’, asked him why Hindus 'pray to cows instead of eating them', said Hindus are ‘idiots’ and ‘rogues’ and told him to ‘go and eat beef’;
- told him ‘culturally we are a young organisation of an average age of 28 years old, except you old man’, called him a ‘bloody old fellow’;
- did not issue him with required work-related equipment such as a computer, a mobile phone and a licence to drive
Recognising the profound impacts of serious forms of racism, the committee recommends that leaders of the Australian community and politicians exercise their freedom of speech to identify and condemn racially hateful and discriminatory speech where it occurs in public.