The PRESIDENT (Senator the Hon. John Hogg) took the chair at 12:30, read prayers and made an acknowledgement of country.
That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold an in camera hearing during the sitting of the Senate today, from 12.30 pm to 2 pm.
National Radioactive Waste Management Bill 2010
(8) Page 10 (after line 30), after Division 2, insert:
Division 2A—Requirements for ministerial decisions
8A Application of Division
(1) This Division applies to each decision to be made by the Minister in relation to the nomination, selection and approval of sites under this Act, including (but not limited to) each of the following:
(a) a decision to make a declaration under section 6;
(b) a decision to approve land, or a specified part of land, under section 9;
(c) a decision under subsection 14(2) to declare that a site, or a specified part of a site, is selected as the site for a facility;
(d) a decision under subsection 14(2) to declare all or some of the rights or interests in the selected site;
(e) a decision under subsection 14(4) to declare that all or specified rights or interests in land are required for providing all-weather road access to a site;
(f) a decision under section 17 to revoke a declaration made under subsection 14(2).
(2) A decision to which this Division applies is of no effect unless the requirements of this Division are met.
8B Requirements in relation to decisions
(1) A decision to which this Division applies must comply with the provisions of this section.
(2) Before the Minister makes a decision, the Secretary of the Department must:
(a) publish on the department's website a notice:
(i) setting out the nature of the decision; and
(ii) inviting persons to make submissions to the Minister about the decision within 42 days after the notice is published; and
(b) send to each stakeholder a notice:
(i) setting out the nature of the decision; and
(ii) inviting stakeholders to make submissions to the Minister about the decision within 42 days of the date of the notice; and
(c) publish on the department's website a copy of each submission received under this section.
(3) In making a decision, the Minister must:
(a) have regard to the submissions in relation to the decision received under subsection (2); and
(b) actively consult stakeholders.
(4) In making a decision, the Minister must have regard, but is not limited, to the following criteria:
(a) existing infrastructure;
(b) seismology;
(c) hydrology;
(d) community consent;
(e) international best practice;
(f) such additional criteria (if any) as are specified by the Minister under subsection (5).
(5) The Minister may, by legislative instrument, specify additional criteria in relation to a decision for the purposes of paragraph (4)(f), but must not apply those criteria in making a decision until either:
(a) the period for the disallowance of the instrument has expired in each House of the Parliament; or
(b) the instrument has been approved by resolution of each House.
(6) The Minister must cause a report to be prepared setting out the reasons for making a decision.
(7) The Minister must cause a copy of each report prepared under subsection (6) to be presented to each House of the Parliament at least 28 days before the decision to which the report relates takes effect.
(9) Clause 9, page 11 (lines 3 and 4), omit ", in his or her absolute discretion,".
(18) Clause 14, page 17 (lines 11 and 12), omit ", in his or her absolute discretion,".
(19) Clause 14, page 17 (lines 19 and 20), omit ", in his or her absolute discretion,".
(21) Clause 17, page 18 (line 25), omit ", in his or her absolute discretion,".
(28) Clause 27, page 29 (line 7), omit ", in his or her absolute discretion,".
(13) Clause 10, page 13 (lines 23 to 29), subclause (7) TO BE OPPOSED.
(23) Clause 18, page 20 (lines 3 to 7), subclause (5) TO BE OPPOSED.
(14) Clause 12, page 15 (lines 23 to 25), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 11", substitute "continues to have effect in relation to the activities authorised by section 11, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(15) Clause 12, page 15 (lines 28 to 30), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 11", substitute "continues to have effect in relation to the activities authorised by section 11, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(16) Clause 13, page 16 (lines 6 to 8), omit "have no effect to the extent that they would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 11", substitute "continue to have effect in relation to the activities authorised by section 11, except to the extent that they would operate to prohibit the facility or activities essential to the facility".
(17) Clause 13, page 16 (lines 15 to 17), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 11", substitute "continues to have effect in relation to the activities authorised by section 11, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(24) Clause 24, page 26 (lines 24 to 26), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 23", substitute "continues to have effect in relation to the activities authorised by section 23, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(25) Clause 24, page 26 (lines 29 to 31), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 23", substitute "continues to have effect in relation to the activities authorised by section 23, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(26) Clause 24, page 26 (line 34) to page 27 (line 2), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 23", substitute "continues to have effect in relation to the activities authorised by section 23, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(27) Clause 25, page 27 (lines 13 to 15), omit "has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of a thing authorised by section 23", substitute "continues to have effect in relation to the activities authorised by section 23, except to the extent that the law or provision would operate to prohibit the facility or activities essential to the facility".
(10) Clause 9, page 11 (line 9), omit subclause (3), substitute:
(3) The Minister must consider each nomination which is made in accordance with the rules for nominations in subsection 5(2) or section 7.
(1) Clause 17, page 18 (line 26), at the end of subclause (1), add “or (4)”.
(2) Clause 17, page 18 (line 29), after “14(2)” insert “or (4)”.
(3) Clause 17, page 19 (lines 2 and 3), omit “that was, immediately before the revocation, the selected site”, substitute “that was the subject of the revoked declaration”.
(29) Page 33 (after line 15), after Part 6, insert:
Part 6A—Independent Commission on the Long-term Safe Storage, Transport and Management of Australia's Radioactive Waste
Division 1—Appointment and functions of Commission
34A Establishment of Commission
(1) The Independent Commission on the Long-term Safe Storage, Transport and Management of Australia's Radioactive Waste (the Commission ) is established by this section.
(2) The Commission consists of:
(a) the Chair and other Commissioners appointed under section 34D; and
(b) staff engaged under the Public Service Act 1999 .
(3) For the purposes of the Public Service Act 1999 :
(a) the Commissioners and staff together constitute a Statutory Agency; and
(b) the Chair is the Head of that Statutory Agency.
Note: The Chair holds an office equivalent to that of a Secretary of a Department (see the definition of Agency Head in section 7 of the Public Service Act 1999 ).
34B Functions and powers of the Commission
(1) The principal function of the Commission is to establish a deliberative, public and inclusive process to:
(a) review international best practice in radioactive waste management; and
(b) review international best practice in community engagement on radioactive waste issues; and
(c) assemble an inventory of radioactive waste management procedures relating to waste currently stored in Australia under Commonwealth and State jurisdictions; and
(d) undertake an audit of the volumes, activity and contractual arrangements for Australian-obligated radioactive waste currently stored outside Australia; and
(e) publicly canvass community, independent expert and industry recommendations on how Australia should best manage radioactive waste; and
(f) review existing domestic and international literature and decision-making processes relating to radioactive waste management; and
(g) make recommendations on the establishment of a body to provide ongoing independent scrutiny of the implementation of the proposals, plans and programmes to ensure scientific, transparent, accountable and consensual radioactive waste management, and community access to judicial review processes.
(2) The Commission has the additional function of providing the Minister and the Parliament with independent, expert advice in relation to decisions to be made by the Minister under this Act.
(3) The Commission has power to do all things necessary or convenient to be done to perform its functions.
(4) In performing its functions, the Commission:
(a) is not required to act in a formal manner; and
(b) may inform itself on any matter in any way it thinks fit; and
(c) may consult with anyone it thinks fit; and
(d) may receive written or oral information or submissions; and
(e) may hold public seminars, conduct workshops and establish working groups and task forces; and
(f) must engage with the reference group convened under section 34G; and
(g) must reflect a variety of viewpoints and options representing alternative means of addressing the subjects of its inquiries, reports and recommendations.
(h) must act independently and in a way that advances a scientific, transparent, accountable and consensual strategy for the transport, management and long-term safe storage of radioactive waste ; and
(i) is not subject to the control or direction of the Minister.
34C Constitution of the Commission
(1) The Commission is constituted by a Chair and four other Commissioners.
(2) The performance of the Commission's functions and the exercise of its powers are not affected merely because of a vacancy in the office of Chair or in the membership of the Commission.
34D Appointment of Commissioners
(1) The Chair is to be appointed by the Governor-General, by written instrument, on a full-time basis.
(2) Commissioners, other than the Chair, are to be appointed by the Minister, in writing, after consultation with the Chair, and may be appointed on either a full-time or part-time basis.
Note: Commissioners are eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .
(3) Whenever a vacancy occurs in the membership of the Commission, an appointment must be made as soon as practicable.
(4) Until the Parliament provides otherwise:
(a) Commissioners hold office on the terms and conditions determined in their instrument of appointment;
(b) Commissioners are to be paid the remuneration and allowances determined in their instrument of appointment, subject to the Remuneration Tribunal Act 1973 .
34E Operation of the Commission
Until the Parliament provides otherwise, the Commission is to operate in accordance with procedures determined by the Commission, and a document setting out those procedures must be published on the Commission's website within 30 days of the commencement of this section.
34F Role of the Chair
(1) The Chair is to manage the Commission andtoensure the efficient performance of its functions.
(2) All acts and things done in the name of, or on behalf of, the Commission by the Chair are taken as having been done by the Commission.
(3) The Chair may, in writing, delegate all or any of his or her powers and functions under this Act to another Commissioner.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.
Division 2—Establishment and functions of reference group
34G Reference group
(1) The Commission must appoint a reference group to assist the Commission in gathering evidence and undertaking informed and representative community consultation in relation to the Commission's functions.
(2) The membership of that reference group must include, but is not limited to, representatives of the following:
(a) Commonwealth Departments with the functions of science, environment and health;
(b) State and Territory governments;
(c) local government;
(d) Aboriginal communities;
(e) non-government organisations and experts;
(f) radiation safety specialists;
(g) community engagement specialists.
Division 3—Reporting requirements
34H Reports of the Commission
(1) The Commission must, at the end of 15 months after its establishment, give to the Minister an initial report relating to the short-, medium- and long-term management of radioactive waste, including an assessment of the domestic application of best international practice, to promote public confidence and consent.
(2) The Commission may report to the Minister on any matter related to its functions.
(3) The Minister must cause a copy of each report received under this section to be tabled in each House of the Parliament within 9 sitting days of that House after the Minister receives the report.
… there is a need for public involvement in the decision-making process, adequate financial provisions, clear integrated plans on how spent fuel and radioactive waste will be managed to ensure continued safety into the future—
to avoid creating a legacy situation that would impose undue burden on future generations.
There is growing recognition that it is not ethically acceptable to impose a radioactive waste facility on an unwilling community.
(1) Page 33 (after line 15), after Part 6, insert:
Part 6A—National Repository Capital Contribution Fund
34A Application of Part
This Part applies if:
(a) the Minister has made a declaration under subsection 14(2) that a site in a State or Territory (the relevant State or Territory ) is selected as the site for a facility; and
(b) a facility has been constructed at the site.
34B National Repository Capital Contribution Fee
(1) An entity wishing to use the facility, other than the following entities:
(a) the Commonwealth;
(b) the relevant State or Territory;
(c) an authority of the Commonwealth or the relevant State or Territory;
must pay such fee (the Capital Contribution Fee ) as is prescribed by the regulations as a capital contribution towards the cost of the facility before being eligible to have radioactive waste accepted by the facility for storage, management or any other purpose.
(30) Page 35 (after line 28), after clause 37, insert:
37A Obligation to minimise production of waste
Despite any other law, any agreement between the Commonwealth and another party or parties involving the production of radioactive waste must be made subject to the condition that each contracting party must take appropriate steps to ensure that the generation of radioactive waste is kept to the minimum practicable.
(31) Schedule 2, item 1, page 39 (lines 14 to 19), omit subitems (3) and (4), substitute:
(3) To avoid doubt, section 10 of the new radioactive waste law, and the new ADJR Act, apply in relation to a nomination or an approval continued in force by this item.
(1) Clause 4, page 3 (line 1), after “1998”, insert “that is of domestic origin”.
(2) Clause 4, page 3 (line 2), at the end of the definition of controlled material, add “For this purpose, controlled material is of domestic origin if it has been used in Australia, generated by activities in Australia, or sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel (within the meaning of the Australian Nuclear Science and Technology Organisation Act 1987).
That the bill be now read a third time.
With key issues of ownership, traditional owner consent and affected community support for the radioactive waste facility currently before the Federal Court, the Gillard Government should defer debate on this controversial legislation.
As a signatory to the Declaration—
Australia has committed to obtaining the free, prior, and informed consent of Indigenous peoples before adopting laws and policies which may affect them.
Unions NT pledged to continue the campaign in solidarity with Traditional Owners and the community of Muckaty and Tennant Creek.
We strongly oppose the National Radioactive Waste Management Bill—
and reject any legislation which would continue to target Muckaty Station, or any site in the Northern Territory for a nuclear waste dump.
I am disappointed the Federal Government has decided to push ahead with legislation that will override Territory legislation … I was informed this week that—
legislation would be repealed and our environmental heritage and appeal rights would be restored. We have now had a chance to examine the new legislation and this is not the case.
Each box represents a portfolio. Cabinet Ministers are shown in bold type. As a general rule, there is one department in each portfolio. However, there is a Department of Veterans' Affairs in the Defence portfolio. The title of a department does not necessarily reflect the title of a minister in all cases.
* The Hon Bob Carr will be appointed as Minister for Foreign Affairs following his appointment as a Senator.
After 38 years as a soldier and as a commander, I'd learned to read people, quickly and accurately. Reflecting on Smith's visit, the abiding impression I was left with was that he merely tolerated people like me and the troops I commanded.
The President is not subject to direction by or on behalf of the Commonwealth.
I am aware of the allegations that there has been political interference in the investigations and take them very seriously. I have absolutely no reason to conclude that there has been any such interference in the investigation.
73 (1) The following rules shall apply to questions:
… … …
questions shall not ask:
(h) for an expression of opinion;
(i) for a statement of the government's policy …
That the Senate take note of the answer given by the Minister for Tertiary Education, Skills, Science and Research (Senator Evans) to a question without notice asked by Senator Johnston today relating to the Minister for Defence (Mr Smith).
First, Faulkner was genuinely concerned about the soldiers he met in Afghanistan. He spoke sincerely to them of his gratitude for the sacrifices they were making.
Second, he took the deaths of Australian soldiers very personally. When I briefed him on the circumstances of the deaths of two of our soldiers, killed by a roadside bomb, he was visibly pained …
I provided a frank assessment of the quality of Afghanistan security forces we were training. Throughout, Smith sat immobile, taking no notes, making no comment. At the conclusion of this briefing, to which the then chief of the Defence Force Angus Houston added his insights, I asked if he had any questions. There were none. It must have been a cracking brief.
… comments, questions, words of encouragement. His response? ''No, thank you'', followed by a glance at me with the question, ''What's next?''
… I escorted Smith to one of our forward patrol bases, which were established when we expanded our operations into an area previously covered by Dutch and French troops, who had recently departed. The CO of the mentoring taskforce had sensibly rebalanced his force to cover the new territory. But the Australian and Afghan troops there had been in constant and occasionally heavy contact with the enemy. They were under the pump.
We gathered the dirty, tired Diggers together at the end of Smith's tour. Media crews travelling with the minister turned on their cameras and he made a lacklustre speech clearly pitched at the audience back home. He talked ''at'' the soldiers, not to them. He then turned to walk back to the helicopter pad. ''Minister,'' I said, ''perhaps you might take a couple of questions from the soldiers before you go?'' The look I got in response was poisonous. ''Well, are there any questions?'' he asked the soldiers.
''Yes, sir,'' one said. ''We got moved out here earlier than we were supposed to and we're spread a bit thin on the ground. Can we get some additional troops sent out from Australia?'' It was a reasonable question, at least from the perspective of a soldier fighting in a scrubby valley in Afghanistan. Smith launched into a long spiel about supporting the coalition and fighting terrorism and building capacity in the Afghan security forces and making a contribution and all the phrases that work well in Canberra. It didn't work so well when delivered to blokes who would soon start another patrol along paths hiding improvised bombs designed to kill them. There were no other questions.
Walking towards the helicopter for the ride back to Tarin Kowt, Smith said to me, ''Don't set me up with unscheduled questions like that again''. He was not happy.
After 38 years as a soldier and as a commander, I'd learned to read people, quickly and accurately. Reflecting on Smith's visit, the abiding impression I was left with was that he merely tolerated people like me and the troops I commanded. I cast around in my mind for the element that seemed to be missing in his dealings with the men and women of the ADF who I led. Then I had it: respect. Smith had no respect for those who chose to serve in uniform for their country. It was an uncomfortable insight.
... in the circumstances it was reasonable for ADFA staff, including Commodore Kafer and the Deputy Commandant, to reach the conclusion that it was appropriate to proceed with and conclude the two disciplinary charges against the female Officer Cadet.
That the Senate take note of the answer given by the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) to a question without notice asked by Senator Milne today relating to the Trans-Pacific Partnership Agreement.
That the following general business orders of the day be considered on Thursday, 15 March 2012 under the temporary order relating to the consideration of private senators’ bills:
No. 84 Assisting Victims of Overseas Terrorism Bill 2012.
No. 51 Environment Protection and Biodiversity Conservation Amendment (Bioregional Plans) Bill 2011.
That Senator McLucas be granted leave of absence for today, on account of parliamentary business.
That Senators Boswell and Heffernan be granted leave of absence for 13 March 2012, for personal reasons.
That the time for the presentation of the report of the Community Affairs Legislation Committee on the provisions of the Personally Controlled Electronic Health Records Bill 2011 and a related bill be extended to 15 March 2012.
That the Joint Standing Committee on Treaties be authorised to meet during the sitting of the Senate today, from 8.15 pm, for a private briefing.
That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 14 March 2012, from 11 am to noon to take evidence for the committee's inquiry into Australia's trade and investment relationship with Japan and Korea.
That:
(a) the Community Affairs Legislation Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 14 March 2012, from 9.30 am; and
(b) the Community Affairs Legislation and References Committees be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 14 March 2012, from 3 pm.
That the time for the presentation of the report of the Parliamentary Joint Committee on Corporations and Financial Services on the Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Bill 2012 be extended to 19 March 2012.
That the Joint Standing Committee on Electoral Matters be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 14 March 2012.
That the Senate—
(a) notes:
(i) footage of animal cruelty at the Temur Petir and Cakung abattoirs in Jakarta that was aired on the Australian Broadcasting Corporation television program Lateline on 28 February 2012 shows serious and systematic breaches of the Government's new Export Supply Chain Assurance System,
(ii) the Royal Society for the Prevention of Cruelty to Animals [RSPCA] Chief Scientist has identified 61 observed incidents of non-compliance with the Government's own supply chain assurance elements at the Temur Petir and Cakung abattoirs,
(iii) the Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) has refused to publicly reveal whether Australian cattle are being exported to the Temur Petir and Cakung abattoirs,
(iv) that making this information public would not compromise any departmental investigation, and without it the public can have no confidence that the Government's new system to protect animal welfare is being monitored and enforced,
(v) a Perth-based cattle exporter, International Livestock Exports, announced on 29 February that it had suspended shipments to one of the Indonesian abattoirs in question, placing the industry response ahead of the Government's response to the situation, and
(vi) that animal rights activists such as Animals Australia and the Indonesian activists who filmed the Jakarta abattoirs are to be congratulated for exposing the continuing cruelty in the live export industry and the failure of Australia's new regulatory regime; and
(b) calls on the Government to:
(i) confirm whether Australian cattle are being exported to the Temur Petir and Cakung abattoirs,
(ii) publicly disclose the names of any companies involved in exporting live cattle to the Temur Petir and Cakung abattoirs in Jakarta,
(iii) immediately suspend the export licences of those companies involved in exporting live cattle to the Temur Petir and Cakung abattoirs in Jakarta until an investigation has been conducted,
(iv) urgently put more resources into monitoring and enforcement of the supply chain assurance system to ensure that animal welfare is prioritised in the Government's new regulatory regime, and
(v) move to introduce a ban on live animal exports.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Gillard Government's waste, mismanagement and profligacy which is undermining hope, reward and opportunity for Australians.
We are the people who share and stick together.
We follow it simply because we are us.
Based on what we know now we are doing all the costings. All our policies are costed …
Yes, we have found the savings we were looking for.
A senator shall not use offensive words against either House of Parliament—
or of a House of a state or territory parliament—
or any member of such House …
(a) Government response to parliamentary committee report
Community Affairs References Committee––Report––Professional Services Review Scheme (received 6 March 2012)
(b) Letters of advice relating to the Senate order on contracts:
Government response to the Senate Community Affairs References Committee Review of the Professional Services Review (PSR) Scheme
Recommendation 1
The committee emphasises the importance of communicating the methodology utilised by Medicare Australia to the wider medical community. The committee recommends that Medicare Australia publish its current auditing methodology and any subsequent improvements to the methodology as they come on stream.
Response
Accepted
The Department of Human Services (DHS) currently describes its risk based audit methodology in its annual publication of the Health and Aged Care Compliance Program (the Compliance Program). The Compliance Program provides information on DHS' compliance approach including:
Risk identification and assessment methods;
Education and support;
Audit and investigation activities;
Stakeholder engagement; and
Key areas of focus and priorities for compliance activities.
DHS will ensure that any changes or improvements to its audit methodology will be published in the annual Compliance Program and relevant stakeholders across the wider medical community will be informed through stakeholder engagement activities.
Recommendation 2
The committee recommends that agencies involved in health policy and regulation review their online information policies and procedures to ensure that changes in important information, regulations and policies affecting stakeholders are regularly updated on agency web pages.
Response
Accepted
Relevant Government agencies will review the information on their web pages and update accordingly.
Recommendation 3
The committee recommends that there be a simplification of the ways in which official lists of professions, specialties and sub-specialties are constructed. It recommends that, at a minimum, all bodies that use lists with a statutory basis be required to publish only the current version of such a list.
Response
Accepted
Relevant Government agencies will work together to explore ways of reducing the complexity of the lists of professional specialties and sub-specialties.
Recommendation 4
The committee recommends that the March 2011 changes be reviewed one year after their
implementation and this should be carried out in consultation with all relevant medical professional bodies, and other key stakeholders such as the MDOs and consumer representative organisations. The findings of the review should be publicly available.
Response
Accepted
The Professional Services Review Advisory Committee (PSRAC) will review the March 2011 Guidelines after one year of their implementation.
The Committee recommends that the government liaise further with stakeholders to ascertain the desirability for a legally qualified person to be involved in the PSR process.
Response
Accepted
The Department of Health and Ageing (DoHA) and PSR will commence liaison with external stakeholders regarding the need for a legally qualified person to be involved in the PSR processes.
Recommendation 6
The Committee recommends that the Commonwealth government review the legislation to allow the Determining Authority greater flexibility in its sanctions with regard to PBS items.
Response
Accepted
DoHA will undertake a review of the legislation following the PSRAC review of the Guidelines to examine the effectiveness of the sanctions available to the Determining Authority.
Recommendation 7
The committee recommends that the Commonwealth government review the PSR's enabling legislation, to ensure that the PSR can effectively pursue abuse of the MBS or PBS systems, regardless of the stricture of employment of the person under review.
Response
Accepted
DoHA will undertake a review of the legislation following the PSRAC review of the Guidelines to examine the capacity of the PSR to consider inappropriate practice as affected by different employment structures.
That consideration of the government response to a committee report just tabled be listed on the Notice Paper as a separate order of the day.
Government Response to the Senate Standing Committee on Finance and Public Administration
Annual reports (No. I of 2008)
Recommendation 1
The committee recommends that the government implement the committee's updated 2005 recommendations regarding the publication of an annual report on government advertising expenditure.
Responses to updated recommendations 10 to 12 of the Finance and Public Administration References Committee, Government Advertising and Accountability Report, December 2005
Updated Recommendation 10
The Committee recommends that the Department of Finance and Deregulation publish an annual report on government advertising, commencing in 2007-08. The annual report should be modelled on the Annual Report on the Government of Canada's Advertising Activities 2003-04. It should include:
Response
Agreed in principle. Following the introduction of new advertising guidelines in July 2008, and updated guidelines in March 2010, Finance has published five reports related to campaign advertising expenditure.
Three of these reports were Half Year Reports on Campaign Advertising by Australian Government Departments and Agencies, covering media expenditure costs for campaigns that ran during the first six months of a financial year (from 1 July to 31 December). The first report was tabled in March 2009.
The remaining two reports were Full Year Reports on Campaign Advertising by Australian Government Departments and Agencies, covering both direct campaign advertising expenditure and associated indirect expenditure such as campaign research, consultancy services and other costs. The Full Year reports provide a summary of individual campaigns in terms of target audiences and campaign objectives. Full Year Reports cover the period 1 July to 30 June in each financial year and the most recent was tabled in October 2010.
Updated Recommendation 11
The Committee recommends that from 2007-08, the annual reports of each government agency must include:
Response
Agreed in principle, but at a whole of government level. This recommendation will be delivered as Finance publishes whole of government biannual reports on Campaign Advertising by Australian Government Departments and Agencies.
Updated Recommendation 12
The Committee recommends that from 2007-08 the annual reports of each government agency must include:
Response
Agreed in part. The full year report on campaign advertising includes information on the campaign research costs, the research firms involved as well as other campaign related costs.
Recommendation 2
The committee recommends that the government comply with the Senate Order relating to agency advertising and public information projects of 29 October 2003.
Response
See response to Recommendation 1, in particular, the response to updated Recommendation 10 of the Committee's 2005 Report.
Recommendation 3
The committee recommends that Centrelink review its current outcome and output structure with a view to their modification to better reflect the comprehensive nature of Centrelink's operations and functions.
Response
The recommendation is superseded by the review of financial structures in the lead up to integration of the Department of Human Services.
Recommendation 4
The committee recommends that the Australian River Company Limited provide the committee (on a confidential basis if necessary) with a written explanation as to;
Response
The Australian River Co. Limited (ARCo) was created to hold the residual assets and liabilities of the Australian National Line group (ANL), formerly the Australian Shipping Commission, which were not able to be included in the Government's sale in 1998-99 of most of the ANL operations.
Since May 2002 ARCo has operated under a 'charter' from the Government (represented by the Minister responsible for the 'Finance' portfolio) to manage the remaining operations of the company with a view to winding it down at the earliest opportunity on a commercially supportable basis, including the pursuit of any sale opportunities.
In 2004-05 the then Board was able to complete the sale to Patrick Shipping Pty Ltd of two 'roll on / roll off' vessels operating across the Bass Strait. The net profit on the sale of approximately $2.3m was paid to the Commonwealth as a dividend. SeaRoad Holdings Pty Ltd continues to operate these vessels between Melbourne and Devonport.
A wind down of ARCo's remaining operations must deal with two separate and largely unrelated aspects of the residual assets and liabilities. In both cases characteristics which would have influenced the original exclusion from a commercial sale remain relevant.
The first aspect is the appropriate future management of insurance settlements for ARCo's ongoing legal liability to former employees of ANL for the period 1946 to 1997. The ARCo annual report for the year to 30 November 2010 shows a gross provision for these claims of $18.9m based on an annually updated actuarial review of the company's claims exposure going forward. When ARCo's insurance arrangements are taken into account, the net provision reported in November 2010 is an estimated $3.6m. The actuarial review notes that some claims may take up to 40 years to settle. The potential for asbestos related disease is a factor in this analysis.
This insurance liability for former employees is largely covered by long standing insurance agreements which could not be expected to be replaced on favourable terms. Continuation of this insurance policy cover is dependent on the workers' compensation liability remaining with ARCo. This effectively precludes alternative arrangements involving a liquidation of the company, such as a transfer of the liability to the Commonwealth insurer Comcare, from being commercially supportable at this time. The uncertainty and sensitivity surrounding the liability, with its exposure to asbestos disease, means that a disposal of ARCo shares by the Commonwealth that includes the necessary safeguards for former ANL employees would necessarily be on terms unattractive to the Commonwealth.
The second aspect is the future of the two remaining vessels owned by ARCo and operated between Weipa and Gladstone by Queensland Alumina Limited (QAL) on a yearly renewable charter basis. These bulk ore carriers, the River Boyne and the River Embley, were specifically designed for this task, including a shallow draught for operation within the Great Barrier Reef, and the use of coal fired turbine propulsion, now virtually unique in commercial maritime operations. Two similar ships, which together with the ARCo owned ships were dedicated to the Weipa I Gladstone operation, were recently retired and sold for scrap.
The ARCo Board was restructured in 2007, with two of the three positions being filled with senior executives of the Department of Finance and Deregulation, The Board continued to explore the divestment option for both the company's legal liabilities and the two remaining ships. As a result of this process, the Board has concluded that the retention of the net insurance liabilities within the legal entity of ARCo, and the retention and continued operation of the ships until the end of their economic lives with QAL (expected to be in 2012-13), is the appropriate commercial course for the company. The Board considers this optimises the Commonwealth's financial position and other risks in relation to its ARCo shareholding.
The Government has agreed to an ARCo wind down strategy that involves the sale of the two ore carriers in 2012-13, with the expectation that this will reflect scrap value. This has been the long-standing basis for valuation of the vessels, reflecting the realities of the ships' role and configuration. The administration of the workers' compensation liability will continue for the foreseeable future under the existing insurance arrangements and through the entity of ARCo under Commonwealth ownership.
Following the sale of the ships and the crystallisation of ARCo's financial position, the Government will determine in consultation with the Board, the dividends payable to the Commonwealth and the financial and governance arrangements appropriate for the administration of the insurance settlements process going forward. It is expected that the long standing practice of contracting this role to the private sector under broad ARCo Board supervision will continue. It is also anticipated that the use of the ARCo entity under Commonwealth ownership to manage the insurance settlements would be subject to periodic review having regard to changes in the claims portfolio, the insurance arrangements or the regulatory framework.
Recommendation 5
The committee recommends that the Australian River Company Limited provide a comprehensive description of its principal activities in all future annual reports.
Response
ARCo has taken the committee's recommendations into consideration in preparing its subsequent annual reports, including reporting on the progress made regarding divestment of assets and future management of residual liabilities. The 2010-11 report will include the strategy referred to in the response to Recommendation 4.
Recommendation 6
The committee recommends that the Australian River Company Limited provide the committee with an explanation as to:
what measures were taken to ensure that there was no real or perceived conflict of interest in the appointment of the Secretary; and on the basis upon which the Australian River Company Limited made the decision to pay for the services of a company in which an Australian River Company Limited Director is a shareholder and director.
Response
The ARCo Company Secretary was an employee of ANL Container Lines Pty Ltd (ANLCL). ANLCL was contracted by ARCo to provide management, secretariat and financial reporting services, including administration of the insurance settlements process. At the time the contract was signed, ARCo analysed the different industry sectors in which the two companies operated (bulk carrier transport for ARCo and container transport for ANLCL) and formed the view that the interests of ANLCL and ARCo were not in conflict. As a result, ARCo does not consider that there is any actual or perceived conflict of interest in this arrangement. If such a conflict had emerged the arrangement would have been reviewed.
For commercial reasons only, there has been a change in the contract allocation, with ASP Ship Management Pty Ltd currently providing these services. ARCo is satisfied there is no actual or perceived conflict of interest in this arrangement.
In relation to services purchased by ARCo from a company in which an ARCo Director is a shareholder and director, at the time the decision was made to purchase these services, they were expected to be minor in extent and cost and uncertain in relation to scope and nature. In these circumstances ARCo considered that the interests of the company would best be served by purchasing the services as and when required directly from Acton Corporate Partners Limited (Acton Partners). ARCo considered that this would most likely deliver best value for money for the company. The ARCo director that had an ownership interest in Acton Partners was excluded from all deliberations relating to the engagement.
Recommendation 7
The committee recommends that:
Response
Departmental annual reports must be prepared in accordance with guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit (JCPAA).
The 2009 Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Review) recommended that the requirements for section 516A reporting be amended to provide more detail to government agencies regarding the type of information that should be reported and to give the reporting requirements greater force. The government response to the Review agrees to amend the Act to allow the minister to specify the requirements for this reporting in regulations under the amended Act. This will provide further guidance in order to improve the quality of reporting and the community's understanding of Commonwealth actions to contribute to improved sustainability. Consistent with its election commitment, the government will introduce amendments to the Parliament in 2012.
Joint Committee on the National Broadband Network
Review of the Rollout of the National Broadband Network
First Report
Australian Government Response to the Committee's First Report of 31 August 2011
February 2012
INTRODUCTION
In March 2011 the Parliament established the Joint Committee on the National Broadband Network (the Committee) to enable the ongoing parliamentary scrutiny of all aspects relating to the rollout of the NBN. The Committee is required to report to the Parliament on the rollout of the NBN on a six monthly basis until the completion of the project.
The Committee has been asked to provide progress reports on:
The Committee's first report was informed by four public hearings held in a number of locations throughout Australia, and public consultation which attracted twenty one submissions and eleven exhibits. As part of the review the Committee also conducted two infrastructure inspections in Broken Hill and Melbourne on 27 and 28 July 2011. On
31 August 2011, the Committee tabled its first report, entitled Review of the Rollout of the National Broadband Network The report made five recommendations ranging across: future reporting arrangements; government readiness to take advantage of the NBN; the impact of the Definitive Agreement process on timing of the rollout; the expected productivity, jobs and competitive benefits of the NBN; and timeframes for regional and remote rollout and satellite service levels. The Committee has since released its second report on the rollout of the NBN to the Parliament on 24 November 2011, to which the government will provide a separate response.
BACKGROUND
The Australian Government believes that access to affordable, high-speed broadband is increasingly essential to the way Australians communicate and do business. It will help drive productivity, improve education and health service delivery and connect our cities and regional centres.
The Australian Government has established NBN Co to design, build and operate a new high-speed NBN. The NBN will be the single largest infrastructure investment made by an
Australian Government and will be accompanied by historic reforms to the telecommunications sector. The NBN is about more than having a faster internet connection. The productivity gains associated with this investment will mean that the full benefits will continue to flow for decades beyond the completion of the project.
NBN Co's central objectives, as set out by the government are to:
In implementing the government's policy initiative, NBN Co's specific objectives include:
The NBN will be Australia's first national, wholesale-only, open access broadband network offering equivalent terms and conditions to all access seekers. This means NBN Co will roll out the network and sell wholesale services to retail service providers, who will then provide services to end users. This represents a significant structural change in the
telecommunications industry and will support vibrant retail competition. The NBN will be built and operated on a commercial basis, at arm's-length from government, by NBN Co.
AUSTRALIAN GOVERNMENT RESPONSE
The Australian government has considered the Committee's first report and provides the following response to the recommendations.
Recommendation 1
The committee recommends that the NBN Co together with the Department of Broadband, Communications and the Digital Economy, commencing for the first quarter 2011-2012, provide a six-monthly report on the progress of the rollout of the National Broadband Network, using established Key Performance Indicators and performance measures, no later than three months before the committee is due to report to the Parliament.
The government supports this recommendation and submitted its first report to the Committee on 23 September 2011.
The government will submit six-monthly reports to the Committee and adopt this reporting pattern on an ongoing basis. The reports will provide quantitative and qualitative advice outlining NBN Co's key performance information across the following areas:
The information provided to the Committee will become more meaningful as the rollout progresses and more premises are connected and as NBN Co's operating and business systems come online during 2012.
Recommendation 2
The committee recommends that Government agencies take measures to ensure they are ready for the rollout of the National Broadband Network (NBN), prior to receiving and working with the NBN for service delivery.
The government supports this recommendation.
The government outlined its vision for the NBN-enabled digital economy in its release of the National Digital Economy Strategy, including the goal that by 2020, four out of five Australians will choose to engage with the government through the internet or other type of online service.
Significant progress is already being made in Australia to expand delivery of government services and programs online. Recently, the government released a draft Strategic Vision for Information and Communications Technology (ICT) that outlines a long term plan for the government's use of ICT to support increased public sector productivity.
The Strategic Vision for ICT and its implementation will include measures to ensure that government agencies are ready for the rollout of the NBN.
In addition to this the government has announced several new initiatives to advance the digital economy goals outlined in the National Digital Economy Strategy. A number of these initiatives relate to government services delivery including:
Recommendation 3
The committee recommends that NBN Co Limited publish a detailed account of impacts on timing and cost of the National Broadband Network as a result of the time taken and resources used to complete the Binding Definitive Agreements between NBN Co and Telstra and NBN Co and Optus, and the decision to increase the number of Points of Interconnect from 14 to 121.
The government notes this recommendation.
The Definitive Agreements between NBN Co and Telstra and NBN Co and Optus are currently being scrutinised by the ACCC and are therefore not yet finalised.
At the time that NBN Co's 2011-2013 Corporate Plan was finalised, there were a number of issues which — due to their complexity — had implications that could not fully be anticipated. These issues included the time needed to finalise the Definitive Agreements, the impact of the government's acceptance of the agreement between NBN Co and the ACCC to have 121 points of interconnect and the suspension of the construction tender process.
While the agreement with Telstra was extremely complex and took longer than first anticipated, the government is confident that these agreements will protect the interests of Australian taxpayers and support the NBN rollout by providing access to existing infrastructure, minimising overhead cabling and reducing the overall costs of the NBN. Further, NBN Co will proactively manage the construction timetable over the life of the project to minimise and overcome any delays.
In line with Commonwealth Government Business Enterprise Governance and Oversight Guidelines (October 20111, NBN Co is required to submit a corporate plan to Shareholder Ministers each year. NBN Co is currently developing its second Corporate Plan 2012-15 which will take into account any impact there may be on the timing and cost of the NBN as a result of agreements with Optus and Telstra and other factors.
Following the finalisation of the agreements the government will consider the
recommendation, but notes that any decision to publish details of the impacts would need to be taken following finalisation of the ACCC consideration and take into account the extent to which the legitimate commercial interests of parties, including Telstra and Optus would be compromised by publication.
Recommendation 4
The committee recommends that the Minister for Broadband, Communications and the
Digital Economy publish a detailed statement outlining the productivity, jobs and competitive benefits of:
The government supports this recommendation in principle and this Statement outlines those productivity, jobs and competitive benefits of the NBN. It also provides comments on how competitive markets will operate at the wholesale and retail levels, and summarises the impact on competition of the increase of Points of Interconnect from 14 to 121.
The NBN will give 100 per cent of Australian addressable premises access to high-speed* broadband and will provide the enabling infrastructure to support Australia becoming one of the world's leading digital economies by 2020. High-speed* broadband will be available to 93 per cent of Australian homes, school and business premises via fibre to the premises technology; the remaining 7 per cent of premises will be connected via a combination of leading edge fixed-wireless and satellite technologies. This represents a significant step change over broadband speeds currently experienced by users of this technology today.
The establishment of NBN Co to build and operate a National Broadband Network followed a decision by government to terminate the NBN Request for Proposals (RFP) process. The government conducted a robust open competitive process in accordance with the requirements of the RFP [and the Commonwealth Procurement Guidelines], which included rigorous analysis and evaluation of proposals, with the aim of selecting a preferred proponent to build and operate the NBN. The decision to terminate followed advice from the panel of experts that none of the national proposals submitted offered value for money for the Commonwealth against the criteria set out in the RFP. The government decided that as the private sector was unable to provide an acceptable solution for Australia's broadband needs, the government would establish NBN Co to build and operate the NBN and provide the infrastructure the economy was demanding.
With the release by NBN Co of its first 12-month construction timetable on 18 October 2011 the NBN is rapidly moving to realise tangible benefits for productivity, jobs and competition:
To remain competitive in our region as the world moves to a 21st century digital economy, Australia needs to maintain the momentum and make this investment.
The most recent OECD statistics (for June 2011) indicate that Australia is ranked 21st out of 34 countries in terms of its number of fixed broadband subscribers per 100 inhabitants.1
Other OECD statistics indicate that Australians pay more for broadband than most other OECD countries. Regarding average subscription prices (as at September 2010), Australia is:
These OECD statistics are further evidence that Australia cannot afford not to reform industry structure and infrastructure.
The demand for higher bandwidth will continue to grow. Cisco estimates that Australia's internet traffic will grow six-fold by 2015.5 This is a compound annual growth rate of 41 per cent. Cisco says that:
When coupled with the Government's National Digital Economy Strategy, the results reveal that Australia is on the verge of a substantial evolution in how new jobs, businesses and even new public services will be enabled by a broadband-enabled economy' (News Release - Cisco Visual Networking Index Forecast (2010-2015), 9 August 2011).
The latest Australian Bureau of Statistics figures indicate that fixed line networks carried 93 per cent of the data downloaded over the internet in Australia in June 2011 and fixed line downloads grew by 79.7 per cent over the 12 months between June 2010 and June 2011.6 Our telecommunications systems are increasingly relying on fixed networks to do the heavy lifting in a high growth operating environment.
The UN Broadband Commission Report released on 6 June 2011 states:
'Developing isolated projects or piecemeal, duplicated networks is not only inefficient, it delays provision of infrastructure that is becoming as crucial in the modern world as roads or electricity supplies'7
The Chief Executive of Singapore Telecommunications was reported in The Australian (10 June 2011) as supporting the competitive opportunities arising with the NBN:
'If you look at NBN in Australia, that presents an excellent opportunity for a fixed communications network ...with NBN, which will be an open access network, I think you will be able to see the entire fixed telecommunications industry reshaped and I think you'll see more competition and a lot more innovation, and with that, improved productivity for businesses and added convenience for consumers'.8
Productivity benefits
The NBN is a key nation-building project; it will help drive Australia's productivity in business, education, health, and government service delivery; and improve social inclusion through fast and reliable broadband services to our cities, regional centres and rural communities.
The NBN will play a significant role in enabling new ways of doing business, participating in work, gaining an education and access to services across regional Australia and in our economy as a whole.
In a recent paper 'Business Innovation and the Use of Information and Communications Technology', the Australian Bureau of Statistics has analysed the effects of sophisticated information and communications technology use — which is reliant on reliable high-speed broadband — on business growth and productivity. It has concluded:
'Business innovation is regarded as a key determinant of both individual business success and national economic growth. At the micro level, business innovation has the potential to increase consumer demand through improved product or service quality and simultaneously decrease production costs. At the macro level, strong business innovation can increase multifactor productivity, thus lifting international competitiveness, economic growth and real per capita incomes. It is thus of great interest to businesses and policy makers to identify those factors which stimulate innovation and to understand how these factors interact.
We expect that ICT plays an important role as a source of business innovation because it enables closer communication and collaboration between the business and other organisations, allowing businesses to more quickly exploit opportunities for innovation. It also provides a platform from which businesses can build innovations, and provides significant efficiency gains. We find strong evidence that businesses which use ICT more intensely are more likely to innovate and furthermore, develop more types of innovation and also more novel innovations'.9
The NBN will enable households to access a range of online services and participate in a range of activities simultaneously. Evidence shows that households are continuing to increase the amount of data that they consume, with the recent Australian Bureau of Statistics Internet Activity Survey as at 30 June 201110 showing there is strong and growing demand from Australians for broadband services. Evidence for this includes:
The NBN will also provide opportunities and incentives for businesses to innovate in the way they provide goods and services to consumers, advertise, collaborate with business partners, and interact with customers more broadly.
As noted in the NBN Implementation Study, for Australia's small businesses (SMEs) in particular, 'fibre connectivity is a productivity enabler'.19 On 8 November 2011 NBN Co announced that 'as Australia's two million small businesses look at alternative ways to reach new markets, boost their efficiency, and cut costs ... NBN Co intends to offer telcos and internet service providers new high-speed* wholesale broadband services which telcos and internet service providers can tailor to the specific needs of the Small Office/Home Office (SOHO) and small business market' (News Release — NBN Co to offer new services to ISPs tailored to small business, 8 November 2011).
SMEs will be particular beneficiaries of the NBN as they are currently unable to access the high-speed fibre connections available to large businesses located in Central Business Districts. SMEs will benefit from both themselves being connected to high-speed broadband as well as their Australian customers being connected to high-speed broadband.
A McKinsey Global Institute survey of SMEs in 12 countries20 found that:
The NBN will make it easier for some businesses to compete nationally, particularly in relation to projects that they would not normally compete for because it was previously geographically impractical. Increased competition is likely to deliver lower prices and other benefits to consumers.
High-speed broadband has the potential to remove barriers to online transactions and encourage more businesses and consumers to participate in online retail. A 2010 Access Economics report found that about 23 per cent of dissatisfied, and 18 per cent of dissuaded, online shoppers cite lack of speed as a factor in their dissatisfaction or failure to complete a transaction.21 Online retail can boost efficiencies for businesses and allow consumers to buy quality products at more affordable prices.
The NBN can also provide Australian businesses with opportunities to expand into new export markets. Businesses can set up high quality websites that act as a salesperson accepting orders and enquiries 24/7. Businesses that work with graphics, videos, animation and other digital media, which have large file sizes, can upload and send these products to their clients faster and more reliably, while businesses can also reduce IT costs by utilising emerging cloud computing technologies. These technologies will also encourage greater remote collaboration between businesses. The government has announced the following new initiative to support Australian businesses in maximising the benefits of the NBN:
The government has also set the digital economy goal that by 2020, Australia will rank in the top five OECD countries in the portion of households that connect to broadband at home. This will deliver positive benefits for Australian families and communities in the form of improved access to business and job opportunities, health, education and government services. To help reach this goal the government has announced the following new initiative:
Digital Hubs program — to help more Australian households get online and to narrow the gap between Australian households and businesses in capital cities and those in regional, rural and remote Australia. Through Digital Hubs being provided in communities which will first benefit from the NBN, local residents will be able to experience the NBN and receive training to develop the digital skills necessary to participate safely and securely and have trust and confidence in the digital economy.
Evidence confirms investment in high-speed broadband delivers productivity gains. For example, The Economic Journal provides an estimate of the effect of broadband infrastructure on economic growth in the panel of OECD countries in 1996-2007, suggesting '...that a 10 percentage point increase in broadband penetration raised annual per capita growth by 0.9-1.5 percentage points'.22
As superfast broadband penetration and use increases, and more innovative online services are developed by government agencies and the private sector, people in regional Australia will have more opportunities to access first class services delivered online to their own homes. In time, regional Australians will be accessing education, health and consumer services and employment opportunities that were previously only available to those in larger centres. The NBN will deliver economic benefits to rural and regional Australia through greater employment opportunities and better access to information and services. A 2010 Allen Consulting report found that on average a 10 per cent increase in internet connectivity increased regional output by 0.53 per cent. This is significantly greater than the 0.38 per cent increase for metropolitan areas. 23
The ubiquity of the NBN will allow addressable household and business premises in regional Australia to have access to high-speed* broadband services provided by retail service providers who can acquire wholesale services from NBN Co at a uniform national wholesale price. NBN Co proposes to deliver speeds on fibre of up to 1000 Mbps*.downstream and 400 Mbps* upstream.24 In a regional sense, NBN Co has brought forward the introduction of wireless and satellite services so that regional and rural Australia can get access to better broadband as soon as possible.
By establishing the NBN the government will transform the way Australians work. The NBN has the potential to widen the pool of skills and talent available to all employees by making teleworking a viable option. Proximity to a physical workplace will be less important. Access Economics has found that if 10 per cent of Australian employees were to telework 50 per cent of the time, the total annual gains from teleworking would be $1.4-$1.9 billion a year.25
The NBN fibre network will change the way our education system accesses information, collaborates and communicates, in addition to improving connections to the household for students to engage with learning institutions. Experts, academics and industry leaders are endorsing the NBN as a driver for improved learning which in turn will result in productivity benefits. For example, the Australian Information and Communications Technology in Education Committee views access to affordable high-speed broadband as essential to realising the transformative potential of ICT in education and training and hence to advancing Council of Australian Governments' wider productivity agenda.26
Overseas experience is showing that online education can produce better results than traditional learning. Carnegie Mellon University's Open Learning model, for example, is resulting in as much as a 50 per cent reduction in the time it takes to learn a subject, with course completion rates twice as high.27 Cornell University has established eCornell offering a wide ranging curriculum authored by an Ivy League faculty. This is just the start of an online global tertiary studies market.
A British schools study found students with broadband access in their classroom achieved better results in national tests than those without. Further to this 86 per cent of teachers believed pupils were more motivated and attentive when computers and the internet were used in class.28
This was confirmed anecdotally by Patrick Bakes, Principal of Tasmania's Circular Head Christian School in Sinithton, the first school connected to the NBN. He said, 'We are finding that students are engaged, they can move from one task to another much more quickly, and they can access a range of media when they are researching...' 29
These benefits also apply to work-based training. The greater bandwidth capacity offered by the NBN will allow businesses to up-skill workers through participating in webinars and online forums or by watching online videos or utilising interactive or immersive technologies. Workers can engage in online learning to access specialised courses being run in different locations without the need of the financial and time cost to businesses of travel.
Online training programs can also offer unemployed jobseekers the opportunity to develop the skills and knowledge that will help them get back into the workforce faster.
The NBN will support health reform and has the potential to raise productivity in the health sector through more timely diagnosis, treatment and monitoring of patients. Video conferencing technologies will mean that specialist doctors can assess patients in regional and rural locations without the need for time-consuming travel. Remote diagnosis and home-care may also reduce the need for people to travel to hospitals. Higher bandwidth will allow reliable, faster transfer of high definition images and videos, which will enable clinicians to collaborate and consult on diagnosis and care for their patients. Reliable and ubiquitous broadband will also facilitate better access to the personally controlled electronic health record system. eHealth and telehealth, supported by access to fast, reliable broadband, are key enablers of health reform, and essential in addressing the increasing burden of an ageing population and rising levels of chronic disease in the Australian health system.
The NBN rollout has already sparked the development of new applications in the delivery of health services. Trials are underway in a number of areas to first benefit from the NBN and include the monitoring and in-home treatment of various ailments. For example, an Australian-developed health solution that can be delivered over the NBN was showcased at the 29 July 2011 launch of the Kiama first release site. Developed by Neuroscience Research Australia (NeuRA), the application is delivered via broadband to the home and has the potential to help decrease the incidence of injury among the elderly caused by falls. The 1 September 2011 launch of the Townsville first release site also showcased ways that the NBN will provide the connectivity to allow telehealth to become part of the primary healthcare system between a patient at home and their GP in profiling an application to assist people living with diabetes.
The NBN also offers significant opportunities to increase productivity and reduce costs for the delivery of government services. PricewaterhouseCoopers has found the average cost of an online transaction in the UK was £0.08 (about $A0.12), compared to £10.53 (about $A16) for face-to-face transactions, £3.39 (about $A5.15) for telephone engagement and £12.10 ($A 18.40) for engagement by mail.30
Video conferencing and telepresence can be used in meetings and stakeholder consultation, reducing the need for travel. Shared platforms through cloud computing could enhance the quality, timeliness and variety of government services available, as well as reducing the time and cost of government agencies developing their own platforms. Faster, more reliable broadband will also help speed up the resolution of government enquiries and transactions.
Jobs benefits
The NBN is the national infrastructure project that will form the basis of Australia's prosperity in the information economy. The government established NBN Co Limited to design, build and operate the nation's new high-speed* National Broadband Network, a process that will create jobs in upstream industries as new applications are developed to utilise the network, as well as create new jobs in related sectors supplying to NBN Co and its subcontractors in the construction, manufacturing, 1T and telecommunications industries.
NBN Co projects that between 16 000 and 18 000 construction jobs alone will be created at the peak of the rollout. At 30 September 2011, NBN Co employed 1170 people. This number is likely to grow to 2000 direct employees over the life of the rollout.
On 20 December 2010, the government publicly released its Statement of Expectations to NBN Co. The document highlighted the government's expectation that NBN Co will actively promote opportunities for small and medium enterprises to participate fully in this project in meaningful and continuing ways. In support of this, NBN Co is working with the Industry Capability Network—a government funded web portal set up to put builders of major projects and buyers of industry goods and services in touch with potential suppliers—to help regional businesses find contracts within the project.
Australian companies have already been contracted to assist with the rollout of the NBN. On 17 January 201 I, NBN Co awarded three equipment contracts worth over $1.6 billion to Australian located companies to supply passive network infrastructure to build the NBN during the next five years. On 15 November 2011, NBN Co announced contracts worth up to $635 million over the next five years to six companies operating in Australia to provide an array of equipment for installation in homes and businesses as part of an NBN connection. Corning Cable Systems, which was awarded an equipment contract with NBN Co, is also expected to add 300 to 400 new staff over the next couple of years as a result of its NBN deal.
NBN Co has also recently entered into a number of significant construction agreements which pave the way for the large scale deployment of NBN optic fibre. For example:
The process adopted by NBN Co to engage multiple contractors and civil works vendors in a project of this scale, 'help[s] create competitive tension between suppliers to drive productivity improvements and bring costs down'.31
The rollout of the NBN will also provide opportunities for upstream industries, for example, the NBN has stimulated job growth in the research and development sector. The Institute for a Broadband Enabled Society, a cross-disciplinary research institute dedicated to products, services, and innovations that maximise the benefit of new broadband technologies to Australian society, was established in 2009 in the wake of the NBN announcement.
This institute grants PhD scholarships and employs researchers such that in 2010-11, 169 Melbourne University researchers and 46 external collaborators contributed to the Institute's research.
The government is also committed to ensuring there is a well trained and accredited workforce for Australia's largest infrastructure project. The Department of Employment, Education and Workplace Relations (DEEWR) is working with the Department of Broadband, Communications and the Digital Economy (DBCDE) and industry stakeholders including NBN Co to identify the employment opportunities for job seekers associated with the NBN rollout,
DEEWR will support NBN Co to bring together Second Release Site Principal Contractors, State Government and Commonwealth representatives, including Local Employment Coordinators and Regional Education, Skills and Jobs Coordinators, to develop a coordinated state and regional approach to working together. This will ensure that employment and training opportunities created by the NBN rollout are identified and can be maximised for job seekers and existing workers.
In addition, in support of the Definitive Agreements between Telstra and NBN Co, the government has entered into an agreement with Telstra to provide funding of $100 million to assist it in the retraining and redeployment of Telstra staff affected by reforms to the structure of the telecommunications industry, including to enable their transition to employment in deploying and supporting a fibre network.
The funding will ensure that Telstra's workforce, including technicians and engineers, is appropriately skilled. This will contribute to the level of skilled and experienced workers available for the rollout of the NBN.
Under the Retraining Deed, Telstra will give priority to retraining staff who currently work on the copper and hybrid fibre-coaxial (HFC) networks and staff whose roles are linked to supporting the copper and HFC networks, including the wholesale copper workforce and the direct field support workforce. Telstra will give priority to retraining these employees in NBN related technical, process and system activities.
The rollout of the NBN will also assist in developing new and wider workforce opportunities in regional areas in the sectors of health and education, and with the greater use of new online markets. In the health sector, the growth of the digital economy is providing new opportunities to train world class doctors for regional Australia. The University of New England's (UNE) partnership with University of California's Irvine School of Medicine will connect health care professionals in regional areas with world class medical teaching institutions via broadband to share teaching resources and share simulation facilities.32 Fast broadband enables high-speed data exchange, meaning health care students will now have access to resources that would otherwise be impossible to access in regional Australia.33
Competition benefits
One of the government's key policy objectives in establishing the NBN is to address the -structural problems in the Australian telecommunications industry which have hindered the development of effective competition and better outcomes for consumers.
By establishing the NBN as an open access platform and providing uniform national wholesale pricing the government has enabled the telecommunications sector to provide more competitive and innovative services to Australian consumers. The structural separation of Telstra's copper customer network and its HFC network will be achieved through Telstra's Structural Separation Undertaking and Migration Plan (subject to approval by the ACCC) and the progressive migration of customer services to the NBN. As Graeme Samuel, then ACCC Chairman, confirmed in a speech delivered in April 2011, 'this provides the opportunity to remedy the errors of the past, reshape the industry and ensure that the underlying structural foundations encourage investment and competition as we transition to the NBN'.34
As a result, Australia will have a wholesale-only fibre network that will connect homes and businesses across the country. This network will not be controlled by any retail company. The resulting separation between the network provider and retail providers will mean better and fairer access for service providers, regardless of size, and greater retail competition and better services for consumers and businesses.
To ensure that there is robust retail competition, the NBN is subject to company-specific legislation to ensure it operates now and into the future on an open-access, non-discriminatory and wholesale only basis and that it is subject to close scrutiny by the ACCC. As Graeme Samuel said As we transition to the NBN the framework is now in place to make a major break from the past and remove underlying structural impediments to investment and competition development in the telecommunications industry. The structural separation of Telstra and NBN Co being a wholesale only provider could go a long way towards delivering the more competitive telecommunications sector that was envisaged when the industry was first opened up to competition'.35
The competitive benefits of the NBN are emerging. As Australia's first national, wholesale-only, open access fixed-line network, the NBN will provide a platform for more vigorous competition between retail service providers, leading to better and more choice for consumers and businesses. Australia's prices are currently high by international standards.36 Strong retail competition will put downward pressure on prices.
On 30 November 2011, following extensive consultation with industry, NBN Co released an executable version of its Wholesale Broadband Agreement (WBA). As of December 2011, Aardvark Internet, AARNet, Ace Internet Services, Adam Internet, Club Telco, Eftel, Engin, EscapeNet, Exetel, iiNet, Internode, Internet Solutions, iPrimus, mVoice, North Queensland Telecom, NuSkope, Optus, Redback Communications, Rivertel, SkyMesh, Telstra and Westnet were listed on NBN Co's website37 as active certified service providers in first release sites and new developments. Many of these certified service providers have signed or are now signing NBN Co's WBA.
Retail service providers have publicised attractive pricing packages for the NBN-based services, including those announced by Exetel, Internode, iiNet, iPrimus and Optus. These prices compare very favourably with prices in the market for similar products particularly noting that NBN-based services do not require payment of additional line rental fees, offer superior performance with the option to upgrade to faster speeds not available over the copper network and that some providers include access to telephony at no extra cost or for a small additional fee that typically includes phone calls.
Such pricing includes, for example:
On 18 October 2011, WhistleOut42, a comparison website, released its analysis of NBN-based prices versus ADSL2+ prices. This analysis concluded that users could pay up to 43 per cent less for a broadband service deployed over the NBN than what they pay today for an ADSL2+ service in the 200 GB to 1000 GB per month data allowance range. We are seeing evidence that the NBN is welcomed with NBN Co expecting the majority (52 per cent) of residential consumers who sign up to broadband plans in the 2012 financial year to take up retail services based on NBN Co's entry-level wholesale 12/1* Mbps service.43
The government's objective is that the NBN will provide access to high-speed*, affordable broadband for all Australians. The NBN has the potential to advance competition in the telecommunications sector by creating a wholesale-only high-speed broadband network that all providers may access on equal terms.
A strong wholesale aggregator market is already emerging to take advantage of the NBN. Nextgen Networks and ISPone are already offering services, and companies such as AAPT, Platform Networks, Optus and Telstra are expecting to offer services. These intermediary wholesale providers are developing products for retail service providers, particularly smaller providers, by integrating products and reducing costs through aggregating services.
In June 2011 Nextgen Networks announced44 its NBN Connect product, which offers wholesale Virtual ISP Service to small and medium consumer and business service providers. Nextgen Networks also expects its service will be used by larger service providers, particularly in the early rollout stages of the NBN.
On 5 December 2011, NBN Co submitted a special access undertaking (SAU) to the ACCC. Within this document, NBN Co has proposed a regulatory framework for it to establish the price and non-price conditions required for its investors to recover rollout costs. The document also provides details of the ACCC's oversight role. The ACCC has initiated a public consultation process and will consider whether or not to accept NBN Co's SAU.
Operating as a wholesale-only provider, NBN Co will solve the current structural issues in the telecommunications sector where one provider owns the only ubiquitous fixed-line network in Australia and competes against its wholesale customers in downstream retail markets.
Maintaining a clear distinction between the separate roles of the NBN and service providers will deliver better and fairer access for service providers, greater retail competition and better services for consumers and businesses.
The government is determined to create an NBN that promotes competition, optimises NBN Co's network design, gives opportunities for smaller providers and delivers sustainable uniform wholesale pricing for the benefit of users in regional, rural and remote Australia. NBN Co and the ACCC have a role in promoting sustainable competition, and have demonstrated this with advice in relation to where to locate and the number of Points of Interconnect (POIs). In considering this network structure issue and the ACCC's analysis, the government was seeking to optimise retail and infrastructure based competition and to ensure national uniform wholesale pricing could be delivered.
POIs are locations where traffic is exchanged between one network and another. The number and placement of POIs is important in determining the cost structure of competing access seekers or retail services providers.
In 2010, the government requested the ACCC and NBN Co to undertake a process, including public consultation, on the number and location of initial POIs for the NBN that would best meet the long-term interests of end-users. In response, the ACCC advised the government that the semi-distributed model of approximately 121 POIs would best promote retail and wholesale competition across all geographic markets.
The ACCC concluded the semi-distributed model will result in:
In supporting the semi-distributed model, recommended by the ACCC, the government was seeking a balance between:
The semi-distributed POI model enables small providers to service a discrete area using a limited number of POIs. For example, each POI will service around 80 000 to 100 000 premises. Providers wanting to deliver direct services nationally will need to interconnect with all POIs. Smaller broadband providers not wanting to interconnect with all POIs can use a wholesale aggregator to provide services over a wider area of the NBN. There is already a strong wholesale aggregator market emerging providing backhaul and other services to small providers who wish to compete on a wider scale. For example, as NBN Co announced on 1 September 2011, Townsville-based service providers Internet Solutions and North Queensland Telecom have started connecting some of their customers to the NBN via NBN Co customer and wholesaler Nextgen Networks.47 This illustrates the potential competitive benefits to the telecommunications sector of having an open access network like the NBN.
A number of service providers have signed up to the NBN trial to offer ready-made services to smaller retail service providers for them to resell to consumers and businesses. This means that small, or even some larger service providers, have the potential to enter parts of the telecommunications market with a reduced requirement to invest in their own infrastructure to interconnect with the NBN. Such flexibility has the potential to support a range of wholesale and retail business models and is expected to facilitate lower barriers to entry for service providers and to open tip competition — both in major centres and in regional areas like North Queensland. This flexibility will in turn support the critical role of the fixed network in meeting growth in demand for data transmission.
The government has set itself a goal of making Australia one of the world's leading digital economies by 2020. This goal will be achieved by the productivity, jobs and competitive benefits delivered by the NBN. In 2020 Australia will rank in the top five OECD countries in terms of businesses and not-for-profit organisations using high-speed broadband to drive efficiency and productivity improvements; expand their customer base and enable growth. The NBN will provide equitable outcomes for Australians in regional, rural and remote Australia and improve access to business and job opportunities, health services, education, social and government services.
Recommendation 5
The Committee recommends that NBN Co:
The government supports these recommendations in principle. Rollout Timeframes
On 18 October 2011, NBN Co released its first 12-month national construction rollout plan. The schedule lists the communities in each state and territory where work on the fibre network will begin before September 2012. This marks the end of the NBN trial phase and the beginning of the volume rollout to Australian premises.
In the year to September 2012 NBN Co will have started construction on a high-speed* fibre network to nearly half a million Australian premises.
The schedule includes 28 newly-released sites across the country as well as locations containing over 63 000 premises where work is currently underway, including second release sites, such as Geraldton, Western Australia and extensions of first release sites such as Townsville, Queensland. The time taken from start of construction to services being available is about 12 months. The schedule will be updated each quarter to include new locations.
The 12-month national rollout plan and more detailed information is available at www.nbnco.com.autour-network/rollout-planittmI
In the first quarter of 2012 NBN Co will also issue its first three-year indicative schedule of the rollout, which will be updated annually until the rollout is complete.
Service levels supported over NBN Co's long term satellite service
NBN Co's leading edge satellite services will represent a step change, both in terms of speed and reliability, compared with existing satellite services.
The services will be significantly better for the 3 per cent of Australians in remote areas receiving services from the satellite broadband network. Applications that are utilised by satellite users today, such as the NT School of the Air will be supported over the long term satellite service that will offer vastly improved services to residential and small business users and commercial grade services.
Residential and small business grade satellite services are currently typically provisioned at 10 kilobits per second (Kbps) average busy hour throughput.
NBN Co's interim satellite service is offering NBN Co's retail service provider customers broadband speeds of up to 6 Mbps downlink and 1 Mbps uplink speed* and 30 Kbps average busy hour throughput at the wholesale level.
The interim satellite service has been well received with many end users providing positive feedback on the standard of equipment and the quality of service received from NBN Co. One Whirlpool user commented that 'As anticipated, the NBN first release satellite service has been an absolute model of reliability and consistency'.
For the long term satellite service, designed to offer NBN Co's retail service provider customers broadband speeds of up to 12 Mbps downlink and I Mbps uplink* at the wholesale level, NBN Co anticipates that the service will support average busy hour throughput speeds of 300 Kbps at the wholesale level.
The new satellites will have multiple focused high-capacity beams that maximise spectral usage. NBN Co will also use the next generation of ground equipment and acceleration techniques to maximise performance.
NBN Co has also recently provided more detail about the capabilities of the long-term satellite service in relation to e-health services which demonstrates just what a step-change in experience its long term satellite service will offer to end users.48 For example, it will be able to support content streaming and applications such as delivering training videos for remote health certification.
NBN Co's long term satellite product roadmap will include various features such as increased capacity and return path speeds that are designed to support large file transfers and real time video communications.
Over time, it is expected that further services will be supported as NBN Co upgrades its networks and through other technological improvements. There is no expected reduction in capacity in regional areas as a result of the NBN rollout, but rather an expectation of significant improvement in capacity. It is unlikely that current commercial services will be withdrawn in advance of the rollout because demand for these services is expected to'only
increase as regional and rural Australians use of broadband technologies increases.49 These communities will be able to take advantage of the increased capabilities offered by the long term satellite service.
* NBN Co is designing the NBN to be capable of delivering these speeds to NBN Co's wholesale customers (RSPB). Speeds actually achieved by retail customers (end users) will depend on a number of factors including the quality of their equipment and in-premises connection, the broadband plans offered by their RSP and how their RSP designs its network to cater for multiple end users.
1OECD Broadband Portal, Chart 1d. Fixed and wireless broadband subscriptions per 100 inhabitants, June 2011, see http://www.oecd.org/document/54/0,3343,en 2649 34225 38690102 1 1 1 1,00.html
2OECD Broadband Portal, Chart 4f. Average monthly subscription price for connections below 2.5 Mbps with/without line charge, September 2010, see http://www.oecd.org/document/54/0,3343,en 2649 34225 38690102 1 1 1 1,00.htmIttprices
3OECD Broadband Portal, Chart 4h. Average monthly subscription price for connections between 15 and 30 Mbps with/ without line charge, September 2010, see http://www.oecd.oradocument/54/0,3343,en 2649 34225 38690102 1 1 1 1,00.html#prices
4OECD Broadband Portal, Chart 4j. Average monthly subscription price for connections faster than 45 Mbps with/without line charge, September 2010, see http://www.oecd.org/document/54/0,3343,en 2649 34225 38690102 1 1 1 1,00.html#prices
5Australia to See Internet Grow Six-Fold by 2015 — What's the Productivity Payoff?, see http://newsroom.cisco.com/press-release-content?type=webcontent&articleld=454121
6Australian Bureau of Statistics, 8153.0 - Internet Activity, Australia, June 2011, see http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/8153.0June%202011?0penDocument
7Broadband: A platform for progress A Report by the Broadband Commission for Digital Development http://www.broadbandcommission.org/Reports/Report 2.pdf
8The Australian, 10 June 2011, 'SingTel backs government's NBN rollout', p.23 http://www.theaustra flan .com.au/a rchive/business-oid/singtel-backs-governments-nbn-rollout/story-e6frg 9 hx-1226072626€11
9Australian Bureau of Statistics — Business Innovation and the Use of Information and Communications Technology— March 2011, p.3, see http://www.abs.gov.au/AUSSTATS/a bsP nsf/DetailsPage/1351.0.55.033 Ma r%202011?Open Document#Pu blic ations
10Australian Bureau of Statistics, 8153.0 - Internet Activity, Australia, June 2011, see http:fiwww.abs.gov.au/AUSSTATS/a bs (66) .nsf/DetailsPage/8153.0Jun e%202011?Open Document
11Deloitte Access Economics, The connected continent: How the Internet is transforming the Australian Economy, August 2011, p32, see http://www.deloitte.com/au/connectedcontinent
12Australian Communications and Media Authority, Communications Report 2010-2011, p.164
13Deloitte Access Economics, The connected continent: How the internet is transforming the Australian Economy, August 2011, p.34, see http://www.deloitte.com/au/connectedcontinent
14Australian Bureau of Statistics, 8146.0 Household Use of Information Technology Australia, 2010-11, http://www.a bs.gov.au/ausstats/absP.nsf/media releasesbyCatalogue/180CCDDCB50AFA02CA257522001A3F 4B?Opendocument
15Australian Bureau of Statistics, 8153.0 - Internet Activity, Australia, June 2011, see http://www.abs.gov.au/AUSSTATS/absP.nsf/DetailsPage/8153.0June%202011?OpenDocument
16ibid.
17Australian Bureau of Statistics, 8153.0, Internet Activity, Australia, June 2011, see http://www.abs.gov.au/AUSSTATS/absP.nsf/DetailsPage/8153.0June%202011?OpenDocument
18Cisco Systems, Entering the Zettabyte Era http://www.cisco.com/en/US/solutions/collateral/ns341/ns525/ns537/ns705/ns827/VNI Hyperconnectivitv WP.html
19NBN Implementation Study p124 http://www.clbcde.gov.au/ data/assets/pdf file/0020/127550/NBN¬Implementation-Study-complete report.pdf
20McKinsey Global Institute "Internet Matters: The Nets Sweeping impact on growth, jobs and prosperity", May 2011, p.17, see http://www.mckinsey.com/mgi/publications/internet matters/pdfs/MGI Internet matters full report.pdf
21Access Economics, Household E-Commerce Activity and Trends in Australia, 17 November 2010, p.17, see http://www.dbcde.gov.au/ data/assets/pdf file/0020/131951/Household e-commerce activity and trends in Australia-25Nov2010-finai.pdf
22Czernich, N., Falck, 0., Kretschmer, T. and Woessmann, L. (2011), Broadband Infrastructure and Economic Growth. The Economic Journal, 121: 505-532. doi: 10.1111/j.1468-0297.2011.02420.x
23Allen Consulting, Quantifying the possible economic gains of getting more Australian households online, November 2010. Commissioned by the Department of Broadband, Communications and the Digital Economy. p.36http://www.dbcde.gov.au/ data/assets/pdf file/0004/135508/Quantifying the possible economic gai ns of getting more Australian households online.pdf
24NBN Co Limited, Corporate Plan 2011 — 2013, http://www.nbnco.com.au/assets/documents/nbn-co-3-year¬gbe-corporate-plan-final-17-dec-10.pdf p. 94
2 5Access Economics, Impacts of Teleworking under the NBN, July 2010, p. Ili, see http://www.dbcde.gov.au/ data/assets/pdf file/0018/130158/ImpactsofteleworkingundertheNBN.pdf
26 RICTEC Submission prepared in response to the House of Representatives Standing Committee on Infrastructure and Communications inquiry into the National Broadband Network, February 2011, p.4, see http://www.aph.gov.au/Parliamentary Business/Committees/Rouse of Representatives Cornmittees?url=ic/ nbn/subs.htm
27D. Carter, Program goes beyond open course model, ecampusnews.com, September 2009, see http://www.ecampusnews.com/top-news/program-goes-bevond-open-course-model/
28European Commission, The !CT Impact Report: A review of studies of ICT impact on schools in Europe, December 2006, p.4, see http://ec.europa.eu/education/pdf/doc254 en.pdf
29Case Study: Education — teacher retention, school explores new learning environments, see http://www.nbnco.com.au/news-and-events/case-studies/case-study-education-teacher-retention.html
30PricewaterhouseCoopers, The Economic Case for Digital Inclusion, October 2009, p.47, see www.parliarnentandinternetorg.uk/uploads/Final report.pdf
31NBN Implementation Study p.40, see http://www.dbcde.gov.au/ data/assets/pdf file/0020/127550/NBN-Implementation-Study-complete report.pdf
32Deloitte Access Economics, The connected continent: How the Internet is transforming the Australian Economy, August 2011, p.22 see htto://www.deioitte.com/au/connectedcontinent
33Ibid.
34Graeme Samuel, Chairman, ACCC, ATUG 2011 annual conference, 'Telecommunications regulation: the new paradigm' p.10, see http://www.accc.gov.au/content/index.ohtml/itemid/980976
35ibid p.11
36OECD Broadband Portal, Chart 4e. Average monthly bit/data limits, by country, September 2010, see http://www.oecd.org/document/54/0,3343,en 2649 34225 38690102 1 1 1 1,00.html
37See www.nbnco.com.au/getting-connected/certified-service-providers.html
38See www.exetel.com.au/residential-fibre-pricing-mainland.php (accessed 10 February 2012).
39See www.iinet.net.au/about/
40See www.iinet.net.auinbninbn-plan-residentiaI.html (accessed 13 January 2012).
41See http://personal.optus.com.au/web/ocaportal.portal? nfpb=true& pagelabel=Ternplate woRHS&FP=/persona Vinternet/NBN&site=personal
42See www.whistleout.com.au/bloginbn-pricing-analysis-vs-ads1-2
43NBN Co Corporate Plan 2011-2013, p.118, see www.nbnco.com.au/assetsidocurnents/nbn-co-3-year-gbe¬corporate-plan-final-17-dec-10.pdf
44See www.nextgennetworks.com.au/LinkC11ck,aspx?fileticket=1R BWWnL2is%3D&tabid=65&mid=450
45ACCC Advice to Government National Broadband Network Points of Interconnect, p.41-42, see http://www.accc.gov.au/content/item.phtml?iteml&=963436&nodeld=128cca6c23842d65726b861f88d6a490 &fn=ACCC%20Acivice%20on%20NBN%20POls%20Nov2010%2OPUBLIC.pdf
46lbid, p.62
47See http://www.nbnco.com.aufassets/media-releases/2011/local-isos-join-the-nbn-in-townsville-01-sep¬11.pdf
48Refer to NBN Co's response to JCNBN Question on Notice 5 from the 20 September 2011 hearing available at http://www.aph.gov.au/Parliamentary Business/Committees/House of Representatives Committees?url=icn bn/submissions.htm
49According to the Australian Bureau of Statistics Household use of Information Technology Survey, Australia, 2010-11 released 15 December 2011, non-metropolitan broadband access increased by 15 per cent to 68 per cent of all non-metropolitan households over the past two years, compared to the 10 per cent increase in capital city households to 76 per cent over the same period. Survey available at http://www.abs.gov.au/ausstats/abs0.nsf/Latestoroducts/8146.0Media%20Release12010- 11?opendocurnent&tabname=Summary&prodno=8146.0&issue=2010-11&num=&view=
Senate Rural Affairs and Transport Legislation Committee Inquiry Report on the Airports Amendment Bill 2010
Introduction
On 30 September 2010, the Airports Amendment Bill 2010 was referred for inquiry to the Rural Affairs and Transport Legislation Committee (the Committee) on the recommendation of the Senate Selection of Bills Committee.
On 18 November 2010 the Committee delivered its report on the Bill and made two formal recommendations on the Bill. These two recommendations covered the development of guidelines covering the preparation of airport master plans and the Committee's concurrence, noting some minor technical amendments, to the passage of the Bill.
Coalition senators also made three additional recommendations on the Bill covering the proposed establishment of additional guidelines and in relation to registration of these guidelines on the Federal Register of Legislative Instruments.
The Government provided initial advice to the Committee on these recommendations on 23 June 2011 pending the completion of consultation with key stakeholders on the preparation of the proposed guidelines.
The Government's final response to each of the recommendations in the report is now outlined below.
Formal Recommendations
Recommendation 1
The Committee recommends the Department of Infrastructure and Transport develop guidelines in consultation with key stakeholders to clarify the level of detail and analysis to be included in airport master plans in order to satisfy the requirements set out in paragraph 71(2)(h) and 71(3)(h) of the Airports Amendment Bill 2010.
Response
The Government accepts this recommendation.
Master Plan Amendment Guidelines were approved by the Hon Anthony Albanese MP, Minister for Transport and Infrastructure, in January 2012, following consultation with key stakeholders.
Recommendation 2
The Committee recommends that, subject to the amendments foreshadowed by the Department of Infrastructure and Transport in correspondence to the Committee dated 15 November 2010, the Bill be passed.
Response
The Government supports this recommendation and the Airports Amendment Act 2010 received Royal Assent on 17 December 2010.
Additional Recommendations
Additional Recommendation 1
Coalition Senators recommend that the Department of Infrastructure and Transport develop guidelines in consultation with key stakeholders to clarify the level of detail and analysis to be included in airport master plans in order to satisfy the requirements set out in paragraph 71(2)(h) and 71(3)(h) of the Airports Amendment Bill 2010. For the avoidance of doubt, such guidelines should be registered on the Federal Register of Legislative Instruments and subject to the tabling and disallowance requirements of the Legislative Instruments Act 2003.
Response
As indicated in the response to Recommendation 1, the Government supports and has implemented the recommendation to develop these guidelines.
However the Department of Infrastructure and Transport's legal advice confirms the guidelines are not legislative instruments for the purposes of the Legislative Instruments Act 2003 and therefore, registering the guidelines on the Federal Register of Legislative Instruments is not considered appropriate.
The Department will publish the guidelines on its website.
Additional Recommendation 2
Coalition Senators recommend that the Department of Infrastructure and Transport develop guidelines in consultation with key stakeholders to clarify the range of developments that may be considered to be of a kind that is likely to have a significant impact on the local or regional community for the purposes of paragraph 89(1)(n) of the Airports Amendment Bill 2010. For the avoidance of doubt, such guidelines should be registered on the Federal Register of Legislative Instruments and subject to the tabling and disallowance requirements of the Legislative Instruments Act 2003.
Response
The Government accepts the recommendation to develop guidelines in consultation with key stakeholders.
Significant Impact on the Local or Regional Community Guidelines were approved by the Hon Anthony Albanese MP, Minister for Transport and Infrastructure, in January 2012, following consultation with industry stakeholders.
As outlined in the response to Additional Recommendation 1, the guidelines will not be registered on the Federal Register of Legislative Instruments but will be made available on the Department's website.
Additional Recommendation 3
Coalition Senators recommend that the Department of Infrastructure and Transport develop guidelines in consultation with key stakeholders to clarify the structure, composition, agenda and reporting requirements of Community Aviation Consultation Groups and of Planning Coordination Forums. For the avoidance of doubt, such guidelines should be registered on the Federal Register of Legislative Instruments and subject to the tabling and disallowance requirements of the Legislative Instruments Act 2003.
Response
The Government accepts the recommendation to develop these guidelines in consultation with key stakeholders.
Community Aviation Consultation Group and Planning Coordination Forum Guidelines were approved by the Hon Anthony Albanese MP, Minister for Transport and Infrastructure, in February 2011.
As outlined in the response to Additional Recommendation 1 the guidelines will not be registered on the Federal Register of Legislative Instruments but have been promulgated widely and are available on the Department's website.
Australian Government Response to Senate Rural and Regional Affairs and Transport References Committee Inquiry into Rural and Regional Access to Secondary and Tertiary Education Opportunities .
Introduction
The Australian Government notes the findings of the Senate Inquiry into Rural and Regional Access to Secondary and Tertiary Education Opportunities . The Australian Government has demonstrated a commitment to improving educational access and opportunities for students and their families who experience geographical disadvantage, through specific initiatives and its broader social inclusion agenda. The Australian Government's vision of a socially inclusive society is one in which all Australians feel valued and have the opportunity to participate fully in the life of our society.
The importance of this issue is highlighted by the large number of submissions to the Inquiry (over 750), including one by the Australian Government Department of Education, Employment and Workplace Relations (DEEWR). As outlined in the DEEWR submission, "rural and regional students and their families are recognised and targeted by the Australian Government, and State and Territory education authorities, as a group who have special educational needs and may not be adequately assisted through general education assistance". DEEWR's submission discussed Australian Government initiatives that cater for this need. The Committee's report comprised a majority report along with a minority dissenting report by Government Senators. The Government is disappointed that the elements of the minority report appear largely not reflected in the majority report.
The Australian Government believes that every student should have access to a world-class education no matter where they live. In the Commitment to Regional Australia (the Commitment), agreed with the Independent Members Mr Oakeshott and Mr Windsor on 7 September 2010, the Australian Government renewed its commitment to regional education by strengthening national policies to ensure that they effectively meet the needs of students across the country.
The Commitment identifies specific new education and skills commitments and builds on work already underway by the Australian Government. In September 2010, the Office of Regional Education, Skills and Jobs was established, to better drive and coordinate DEEWR's efforts for regional Australia, including those initiatives detailed in the Commitment to Regional Australia. These initiatives have been included below relevant to the specific recommendations.
Response to Recommendations
Recommendation 1
The committee recommends that the Australian Government commission an investigation into the barriers to rural and regional secondary educational opportunities with a view to developing a long-term strategy to address the inequity in secondary educational opportunities in rural and regional Australia.
Response: Supported, initiatives already in place . As outlined in the Government Senators Dissenting Report, the Australian Government has been proactive in addressing barriers faced by students from rural and regional areas in accessing secondary and tertiary education opportunities.
For example, legislation under the auspices of the Social Security and Other Legislation Amendment (Income Support for Students) Act 2009 that was passed by the Parliament on 18 March 2010 mean significant improvements for many students and their families living in rural and regional areas in accessing education and training opportunities.
In particular, to assist young people disadvantaged by the geographic location of their home from educational institutions, students living in Outer Regional Australia, Remote Australia, or Very Remote Australia who are required to live away from home to study, are able to access the second and third elements of the former workforce participation criterion. The workforce participation criterion comprise: full-time employment averaging 30 hours or more per week for at least 18 months over a two year period; worked part-time (at least 15 hours each week) for two years since last leaving secondary school; or had cumulative earnings totalling at least 75% of Wage Level A of the National Training Wage schedule included in a modern award ($21,009 in 2011) in 18 months since last leaving secondary school.
From 1 January 2011, these young people have been able to qualify for payment by meeting any of the three elements of the workforce participation criterion for independence, provided their parents' income is less than $150 000 per annum (in the case of the second and third elements). With the Review of Student Income Support Reforms now complete, the Australian Government introduced the Social Security Amendment (Student Income Support Reforms) Bill 2011 on 21 September 2011 to further extend this provision to students living in Inner Regional areas who are required to live away from home to study from 1 January 2012.
The DEEWR submission outlined several Australian Government programs in place that directly assist students living in rural and regional Australia and their families. This is also in the context of the Government's initiatives under the COAG productivity agenda in relation to school retention and increasing the skills base of those entering the workforce. Along with existing assistance, these initiatives already form part of the Australian Government's long-term strategy in this area.
Recommendation 2
In developing a long-term strategy to address the inequity in secondary education opportunities in rural and regional Australia, the committee recommends that consideration should be given to strategies for ensuring that literacy and numeracy programs, once introduced into schools, are able to be maintained within those schools.
Response: Supported, initiatives already in place . The Government Senators Dissenting Report notes the Australian Government has made available funding of $540 million through the Smarter Schools – National Partnership Agreement on Literacy and Numeracy.
The National Partnership supports states and territories to implement evidence-based practices that will deliver sustained improvement in literacy and numeracy outcomes for all students, especially those who are most in need of support. States and territories, in collaboration with non-government education authorities identified the schools and students to be targeted under this National Partnership. The funding support and reform initiatives to be implemented were negotiated with each participating school.
This National Partnership focuses on the key areas of teaching literacy and numeracy, stronger school leadership and the effective use of student performance information to identify where students need support. This will lead to improvements in literacy and numeracy outcomes for all students, with a priority focus on those primary aged students most in need of support.
Of the schools participating in this National Partnership, approximately 430 (48 per cent) are located in regional Australia. Under this National Partnership, each Partnership school has identified their priorities and developed an implementation plan tailored to the needs of students at that school.
Recommendation 3
The committee recommends that as part of the investigation into the barriers to rural and regional secondary educational opportunities with a view to developing a long-term strategy to address the inequity in secondary educational opportunities in rural and regional Australia, consideration should be given to whether the current level of funding under the AIC Scheme is appropriate.
Response: Not Supported . The Assistance for Isolated Children (AIC) Scheme helps isolated families of primary, secondary and certain tertiary students with additional educational costs because they are unable to attend an appropriate government school on a daily basis.
The AIC Scheme has five allowance types which are tailored to assist a range of education options for isolated families. The applicable allowance for a student will normally reflect the student's living arrangements while they undertake an approved course. In 2009, 11,098 students received AIC allowances at a cost of $59.9 million.
As noted in the Majority Committee report, the DEEWR submission points to a variety of payment types with an annual basic boarding allowance of $7,141 (2011 rate) along with possible additional allowances (for example the Additional Boarding Allowance of $2,366 in 2011). The Australian Government recognises that the Majority Committee report wishes to consider the appropriateness of the particular rate for each allowance, however the Government believes the Scheme provides adequate assistance to students and their families.
The assistance provided under the AIC Scheme is demand driven and is uncapped, with applications assessed by the Department of Human Services – Centrelink in line with established program guidelines and eligibility criteria. There is therefore no limit placed on the number of families assisted per year, provided they meet the eligibility criteria. The Scheme is funded under a special appropriation authorised under the Student Assistance Act 1973 .
It should also be noted that assistance under the AIC should not be treated in isolation. For example, as discussed in detail within the DEEWR submission, there are other forms of Australian Government assistance for schools in rural or regional areas and their students.
One notable Australian Government initiative is the Country Areas Program that assists schools and school communities in improving the educational outcomes and opportunities of students who are educationally disadvantaged because of their geographical isolation.
Other Australian Government generic initiatives that assist schools in rural or regional areas include funding for new facilities and refurbishments through the Building the Education Revolution (BER) and the Australian Government's Capital Grants Program for non-government schools. In terms of the latter, the Australian Government provided approximately $106 million in funding to schools in remote, rural and regional areas in 2008-2011. This includes funding for government schools in 2008 and funding for non-government schools in 2008-2011. From 2009, Australian Government funding for government schools is delivered through the intergovernmental funding framework under the National Education Agreement (NEA) with states and territories.
Under the Commitment, schools in regional Australia will be the first to receive funding, including a minimum funding entitlement based on the population share, equating to around 32 per cent of available funding. This funding will be in the form of at least $125 million of the $388 million of payments being awarded under the Rewards for School Improvement initiative to the schools in regional Australia that have shown the most improvement in student outcomes.
The government has also committed $480.5 million by 2018 to increase the capacity of schools to make decisions at a local level under the Empowering Local Schools (ELS) initiative. Approximately one third of the 1000 schools expected to participate in ELS over 2012 and 2013 will be located in regional areas. Participating schools will receive start-up grants of $40,000-$50,000 to assist them to manage their increased decision making responsibilities effectively.
Recommendation 4
The committee strongly recommends that the Australian Government introduce a Tertiary Access Allowance for students who are required to move away from home to access tertiary education.
Response: Not Supported .
In the Commitment to Regional Australia, the Government noted that it has reformed student income support to expand access by including: 150,000 new scholarships; an increase to the parental income test which will benefit over 100,000 students; and a review of student income support to be brought forward by 12 months.
As identified in the Government Senators Dissenting Report, the Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 , significantly reformed income support for students. On 1 April 2010, Relocation Scholarships were introduced for eligible university students receiving Youth Allowance or ABSTUDY who have to live away from the family home for study. The Relocation Scholarship assists dependent rural and regional students, in particular, with relocation for study.
The Review of Student Income Support Reforms was presented to the Government on 8 July 2011. The Government tabled the Report in Parliament on 14 September 2011 and introduced the Social Security Amendment (Student Income Support Reforms) Bill 2011 on 21 September 2011 to eliminate regional eligibility distinctions for Youth Allowance from 1 January 2012.
The Social Security Amendment (Student Income Support Reforms) Bill 2011 introduced on 21 September 2011 provides for the value of Relocation Scholarships for non-regional students to be $4000 in the first year they are required to live away from home to study and $1000 in subsequent years from 1 January 2012. In recognition of the higher costs of relocation for regional students and subject to the passage of legislation, Relocation Scholarship values for eligible dependent regional higher education students will be reset to provide more assistance in the second and third years of living away from home to study. The 2012 values will be $4000 in the first year of living away, $2000 in each of the second and third years and $1000 in any subsequent years of study. The Scholarship is indexed by CPI annually. Many students will also qualify for Rent Assistance.
From 1 January 2012, the value of Student Start-up Scholarships available to university students receiving Youth Allowance, Austudy or ABSTUDY will be reset to $2,050 in 2012 and indexed by CPI thereafter. The DEEWR submission pointed out that these scholarships would assist with the costs of textbooks and specialised equipment.
The existing reforms also include relaxation of the parental income test threshold and associated withdrawal taper rates increasing access to Youth Allowance and ABSTUDY. As students living away from home also attract a higher rate of payment and generally Rent Assistance as well, this reform particularly benefits rural students, who are more likely to come from low-to-middle income families.
While the Australian Government believes that parents, where they are able, should support their children until they reach financial independence, through the measures contained in the Social Security Amendment (Student Income Support Reforms) Bill 2011 , students from Inner Regional areas will be able to access independent Youth Allowance and ABSTUDY under the same rules that apply to students from Outer Regional, Remote and Very Remote Areas from 1 January 2012.
Students accessing the second and third elements of the workforce participation criterion must have parental income of less than $150,000 per annum.
The Australian Government is already providing substantial support for students who need to move away from home to study. The Australian Government considers that a Tertiary Access Allowance as described by the Committee, without any means testing in place, would be costly (impacting on provision in other areas of educational need), inequitable and possibly open to abuse.
Recommendation 5
The committee recommends that the Australian Government investigate the establishment of a capital works program to assist tertiary institutions to increase the stock of affordable housing for students.
Response: Not Supported . The Government Senators Dissenting Report notes that since taking office the Australian Government has committed almost $5 billion in capital funding for tertiary institutions to support the development and renewal of campus infrastructure.
As the Dissenting Report also notes, the guidelines of the Better Universities Renewal Funding (BURF) and Teaching and Learning Capital Fund for Higher Education (TLC-HE) funds, worth $1 billion in total, were broad enough to allow universities to spend this on student housing. A number of institutions have taken the opportunity to do so. For example, the Australian National University used $4 million of its BURF allocation to develop student accommodation on campus.
The involvement of the private sector in the development and/or provision of student accommodation is widespread. For example, a 507 bed student accommodation complex opened by the University of Canberra in 2009 was developed through a partnership between the University and Campus Living Villages. The private rental market, 'homestay' programs and independent residential colleges will also continue to play important roles in responding to the housing needs of students.
In line with the Commitment, the Government will provide $400 million in funding for the Structural Adjustment Fund: $200 million to meet universities' capital requirements of $10 million or more and $200 million to meet non-recurrent requirements. This funding is to assist universities, particularly those in regional and outer metropolitan areas to adapt to the new student focused university funding system being introduced in 2012.
The Government has also reviewed the Regional Loading paid by the Government to eligible higher education providers in recognition of the higher cost of providing places at regional campuses. In the 2011-12 Budget the Government announced that it would increase the regional loading by $109.9 million over four years (for a total of $249.4 million over four years). The regional loading funding will be distributed through a new formula that is transparent and responsive to student demand.
Another potential source of funding for student accommodation is the Education Investment Fund (EIF). While the focus of EIF is on large-scale strategic infrastructure projects for teaching, learning and research, it does not exclude funding for student accommodation if it can be demonstrated that the accommodation is integral to fully delivering the intended outcomes of the project.
Recommendation 6
The committee therefore recommends that the Australian Government investigate the implementation of a form of temporary income support for students while they are on clinical placements or block release.
Response: Noted . The Australian Government has committed, in response to the Review of Student Income Support, to undertake development work on the feasibility and merit of an income-contingent loan scheme targeted specifically at students who are required to move away from home to undertake formal clinical practicums or other formal practicum periods as part of their course.
The Government's reforms to student income support include a Student Start-up Scholarship as an entitlement for higher education students receiving Youth Allowance, ABSTUDY and Austudy. This scholarship, valued at $2,050 in 2012, is intended to assist with education expenses, including text books, laptops, field trips and practicums or placements.
Students eligible to receive Youth Allowance, ABSTUDY or Austudy will continue to receive these payments while undertaking practicums or clinical placements that are a requirement of their course. Some dependent students receiving the 'at home' rate of Youth Allowance may claim the 'away from home' rate when moving away from home to undertake a practicum. These students may also be able to claim Rent Assistance, but this would depend upon whether a rental agreement was in place while they were living away from home during the practicum.
If a student receiving income support is engaged in a tertiary external course that has a compulsory residential component, including practicums, they are entitled to Fares Allowance which includes reimbursement for one return trip from their permanent home to the institution and back. A student is eligible for Fares Allowance for each external course or practicum undertaken during a year that requires attendance at an institution for a residential component.
ABSTUDY students may also claim 'Away from Base' assistance to help cover the cost of practicums (up to a maximum of $2,080 for Masters and PhD students) per year.
Students receiving Youth Allowance, ABSTUDY and Austudy may also obtain an advance of up to $500, if required.
Universities offer limited support in some courses through scholarships and bursaries to assist with the additional costs associated with practicums. State Governments also offer scholarships and loan schemes to assist students undertaking practicums. This assistance may not be tied to receipt of student income support payments.
Recommendation 7
The committee recommends that a review be undertaken in 2013 to assess the impact of funding compacts, student-driven demand funding and the Structural Adjustment Fund on regional universities.
Response: Supported in principle, initiatives already in place . The Australian Government regularly monitors the impact of policy changes on universities.
Ongoing discussions with universities as part of the compacts process will inform the Government of the impact of its higher education reforms on individual universities and regional universities generally.
The Australian Government regularly monitors higher education enrolments. Early indications are that demand driven funding for undergraduate student places is of benefit to regional areas. Growth in enrolments has been strong, with regional universities together enrolling 10 per cent more students in 2011 than in 2009. This equals the 10 per cent growth at metropolitan universities over the same period.
In response to the Review of Regional Loading , the Government announced in the 2011-12 Budget that it would increase the regional loading by $109.9 million over four years (for a total of $249.4 million over four years). The regional loading funding will be distributed through a new formula that is transparent and responsive to student demand. These changes will start in 2012. The new regional loading formula will involve annual monitoring of enrolments at regional campuses.
The Structural Adjustment Fund was announced in May 2009 with funding of $400 million to assist universities to prepare for the new operational requirements of a demand driven funding system with new quality measures in place.
Regional universities and TAFEs will have access to a Regional Priorities Round of funding from the Education Investment Fund of $500 million. Infrastructure projects funded through the Education Investment Fund are monitored regularly during their implementation and grant recipients are required to participate in project evaluation activities following the completion of projects. The implementation of projects may not be complete by 2013.
The Australian Government has also made fresh commitments to governance and transparency reform which will ensure that regional Australia gets a fair hearing and a fair return from its national government. This includes developing a spatial accounting model which will provide greater visibility into Government spending and service delivery by regional location.
Recommendation 8
The committee recommends that the Australian Government investigate options for attracting students to regional institutions, and encouraging graduates to work in rural and regional locations, through programs which provide for reduced HECS-HELP liability.
Response: Supported in part, initiatives already in place . The Government Senators' Dissenting Report notes that there are already a range of HECS remission policies in place which have already been adopted by this Government to encourage graduates to work in priority fields or areas. The Australian Government provides incentives for targeted areas such as medicine and early childhood education.
Incentives for medicine include:
Incentives for early childhood education include:
As universities are self-accrediting institutions that decide the courses they offer, they are best placed in terms of attracting students to their regional institutions or campuses. The Australian Government already provides significant support to these institutions through initiatives (many of which are detailed in the DEEWR submission) such as regional loading.
The Australian Government also provides incentives for international students to study at regional institutions or campuses. For the purposes of the General Skilled Migration program administered by the Department of Immigration and Citizenship (DIAC), international students can claim migration eligibility points for having lived and studied full time at a campus located in regional Australia or a low population growth metropolitan area for at least 2 years prior to lodging an application for skilled migration visa.
Governments currently provide a range of incentives to teachers to encourage them to take positions in rural and remote areas. Under this scenario, if a State Government chooses, incentives for teachers to take positions in rural and regional areas could include a scholarship or payment to be directed to the repayment of a person's HECS-HELP debt.
Under the Commitment the Australian Government will develop Regional Education, Skills and Jobs Plans in 2011, in response to the 2010 DEEWR report on access to and participation in higher education in regional Australia. Thirty-four Education, Skills and Jobs Coordinators will be deployed into regional communities to work with local stakeholders to develop the Plans. These Plans will include strategies to increase the participation rates for higher education, where relevant to the needs identified by the local stakeholders and community.
AUSTRALIAN GOVERNMENT RESPONSE TO THE SENATE SELECT COMMITTEE ON FUEL AND ENERGY THE MINING TAX: STILL BAD FOR THE ECONOMY – STILL BAD FOR JOBS (SECOND INTERIM REPORT)
Since the release of this report the Government has undertaken extensive consultation on the design elements of the Minerals Resource Rent Tax (MRRT) and the extended Petroleum Resource Rent Tax (PRRT). Public consultation was initially conducted by the Policy Transition Group (PTG) and this has continued through the Resource Tax Implementation Group (RTIG). The issues and recommendations contained within this report have been discussed by the PTG and RTIG in their deliberations over the detailed design of the draft legislation. Draft legislation for the MRRT and extended PRRT has now been released for public consultation.
The recommendations contained within this report are not supported by all the members of the senate committee. A Dissenting Report was published within the senate report which contains comments outlining the 'significant concern with the view taken by the report of this committee. This dissenting report outlines the importance of introducing such legislation, the extensive consultation process that has taken place, the modifications made to address small miners concerns and the benefits of ensuring Australians get a fairer return for Australia's natural resource wealth.
The Government introduced the MRRT Bills into Parliament on 2 November 2011.
AUSTRALIAN GOVERNMENT RESPONSE TO THE SENATE SELECT COMMITTEE ON THE SCRUTINY OF NEW TAXES THE MINING TAX: A BAD TAX OUT OF A FLAWED PROCESS
The Government has undertaken extensive consultation on the design elements of the Minerals Resource Rent Tax (MRRT) and the extended Petroleum Resource Rent Tax (PRRT).The public consultation that was initially conducted by the Policy Transition Group (PTG) prior to the release of this report has continued through the industry based Resource Tax Implementation Group (RTIG). RTIG have been considering the detailed design of the draft legislation. Draft legislation for the MRRT and extended PRRT has also now been released for public consultation.
The recommendations contained within this report are not supported by all members of the Senate committee. A Dissenting Report was published within the Senate report that did not agree with the recommendations contained in the report. This dissenting report contained within the Senate Report outlined:
The dissenting report concluded that the MRRT should be implemented from 1 July 2012.
The Government introduced the MRRT Bills into Parliament on 2 November 2011.
That the Senate take note of the document.
The Australian Government believes that every student should have access to a world-class education no matter where they live.
That the Senate take note of the document.
That the Senate take note of the document.
To remain competitive in our region as the world moves to a 21st century digital economy, Australia needs to maintain the momentum and make this investment.
The most recent OECD statistics (for June 2011) indicate that Australia is ranked 21st out of 34 countries in terms of its number of fixed broadband subscribers per 100 inhabitants.
Australians are quick to take up technology, with access for household and business internet connections increasing an estimated 80 per cent over 2007-2010, and use of the internet by households, business, and government more than doubling over the same period.
… … …
Australia has demonstrated a high level of broadband adoption by businesses compared to the OECD average; with 90 per cent of businesses with 10 or more employees having a broadband connection in 2007.
Evidence confirms investment in high-speed broadband delivers productivity gains. For example, The Economic Journal provides an estimate of the effect of broadband infrastructure on economic growth in the panel of OECD countries in 1996-2007, suggesting "… that a 10 percentage point increase in broadband penetration raised annual per capita growth by 0.9-1.5 percentage points".
… OECD statistics indicate that Australians pay more for broadband than most other OECD countries.
That the Senate take note of the report.
That the Senate take note of the reports.
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Bill 2011
Corporations Amendment (Phoenixing and Other Measures) Bill 2012
Financial Framework Legislation Amendment Bill (No. 1) 2012
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
CORPORATIONS AMENDMENT (PHOENIXING AND OTHER MEASURES) BILL 2012
Today I introduce a Bill to amend the Corporations Act 2001.
The Corporations Amendment (Phoenixing and Other Measures) Bill 2012 contains two key sets of measures.
Administrative winding up of abandoned companies
The first set of measures contained in this Bill strengthens the powers of the Australian Securities and Investments Commission (ASIC) to place companies into liquidation when they have been abandoned by their directors.
This Bill delivers part of the Gillard Government's Protecting Workers' Entitlements Package election commitments.
When a company fails, employees can often end up missing out on some or all of their entitlements – such as unpaid wages and certain other accrued benefits. The Government's employee assistance scheme, the General Employee Entitlements and Redundancy Scheme or 'GEERS', aims to protect workers' entitlements in these situations, so that employees of failed companies can recoup many of their unpaid entitlements as quickly as possible.
Under GEERS, employees of a failed company are only able to access the scheme where the company that has employed them fails and is placed into liquidation. However, sometimes the directors of a failed company simply abandon the company, rather than go through the appropriate processes to wind-up the company. At present where this occurs, employees are not able to access their unpaid entitlements under GEERS.
If a company has been abandoned but has not yet been deregistered, employees (or ASIC on their behalf) currently have to apply to the courts and incur legal costs in order to place the abandoned company into liquidation before they can access GEERS.
This is further complicated by the fact that where the abandoned company has been deregistered by ASIC or by its members, ASIC or the company's employees have to apply to the courts to reinstate the company and, only once the company is reinstated so that it can be placed into liquidation, could any potential employee eligibility for GEERS be triggered.
To address this impediment and safeguard the rights of employees of failed companies to access GEERS, today I introduce legislation that will provide ASIC with the following discretionary powers:
I anticipate that ASIC will issue guidance to industry on the circumstances in which this power will be used.
Publication of corporate insolvency notices
The second set of measures in the Bill will facilitate the future requirement of public notices in corporate external administrations to be published on a single publicly available website.
There are a range of notices that, in the course of external administrations, must be published in the print media or the ASIC Gazette. These public disclosure obligations are in addition to obligations for petitioning creditors and for external administrators to communicate directly with known creditors to inform them of certain events.
There are significant costs to external administrations in complying with these obligations. These costs are ultimately borne by creditors through reduced returns. There are also costs to creditors in monitoring numerous newspapers for relevant notifications – particularly as there is no set newspaper or day of the week on which notices must be published.
The Bill will amend the Corporations Act to remove the requirement for these notices to be published in newspapers or the ASIC Gazette. Instead, the Bill requires these notices to be published in a "prescribed manner" and provides a power for regulations to be made that will prescribe that manner. These amendments will facilitate the future provision of corporate external administration notices via a single website.
As part of the reform package to modernise and harmonise Australia's insolvency industry, which I released together with the Attorney-General on 14 December 2011, the Government announced that ASIC would establish a corporate external administration notices website by 1 July 2012. Online publication of notices will replace approximately 53,000 newspaper advertisements over the next four years, saving external administrations around $15 million over that same period.
The reforms will apply to both advertisement requirements and gazettal requirements.
Removing the requirement for these notices to be published in newspapers, and instead enabling them to be published in a prescribed manner, facilitates the publication of these notices on a single website. Requiring all public notices to be lodged on a single website ensures that these notices are publicly accessible at one location; and able to be searched and accessed by stakeholders quickly and easily.
Miscellaneous amendments
In addition to the two key reforms I have outlined, the Bill also contains some miscellaneous amendments in relation to paid parental leave and the powers of the Court in relation to company reinstatements.
Minco approval
The Ministerial Council for Corporations has been consulted and has approved the amendments contained in this Bill.
Summing up
This Bill delivers part of the Gillard Government's Protecting Workers Entitlements Package election commitments.
It strengthens ASIC's powers to place companies into liquidation when they have been abandoned by their directors. This Bill will benefit the employees of these abandoned companies, by enabling quicker access to their unpaid entitlements through the Government's employee assistance scheme.
The Bill also paves the way for a more streamlined and cost-effective process involving the publication of insolvency notices via a single, publicly available website. This will benefit creditors of companies in external administration, by reducing the costs of complying with these regulatory obligations.
FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 1) 2012
The Financial Framework Legislation Amendment Bill (No. 1) 2012 would, if enacted, amend 4 Acts and repeal 2 Acts across 3 portfolios. This will help to clarify aspects of the Commonwealth's financial framework.
It is the ninth Financial Framework Legislation Amendment Bill since 2004. It forms part of an ongoing program to address financial framework issues as they are identified, taking a collaborative and whole-of-Government approach.
The breadth of appropriation, governance and financial management issues across the Government compels continued attention. For this reason, the Department of Finance and Deregulation works with all parts of Government, in a strong culture of collaboration, to promptly address financial framework issues in legislation once issues emerge and solutions are designed.
Specifically, this Bill would amend 4 Acts, as follows.
First, the Bill would amend the Auditor-General Act 1997 to clarify that the Auditor General may accept an appointment under the Corporations Act 2001 as the auditor of any company that the Commonwealth controls. This will align the Auditor-General Act 1997 with amendments made to expand the meaning of Commonwealth control, which were made in 2008 to the Commonwealth Authorities and Companies Act 1997.
Second, the Bill would amend the Commonwealth Authorities and Companies Act 1997 itself to:
Third, the Bill would amend 2 minor misdescribed provisions that appear in the Financial Framework Legislation Amendment Act 2010, which sought to update the Commonwealth Authorities and Companies Act 1997 (to replace references to "common law and in equity", and "common law or in equity", with the phrase "under the general law").
And fourth, the Bill would amend the Financial Management and Accountability Act 1997 to make the following four key changes:
This short Bill is, accordingly, another step to help ensure that specific areas of the Commonwealth's financial framework remain effective and up-to-date.
Crimes Legislation Amendment (Powers and Offences) Bill 2012
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) BILL 2011
Providing law enforcement agencies with modern tools to combat modern forms of crime is the responsibility of every Government. The Gillard Government is delivering on its commitment to combat crime, while also establishing strong safeguards and protections for victims, those accused of crimes, and the general public.
The Crimes Legislation Amendment (Powers and Offences) Bill 2011contains important amendments to Commonwealth law enforcement legislation that will provide further tools to ensure the effective investigation and enforcement of crimes, and make enhancements to the safeguards applicable in those investigations.
[DNA Forensic Procedures]
Firstly, this Bill will increase the transparency and reduce the complexity surrounding the procedures governing the collection, use and analysis of DNA forensic material through amendments to Part 1D of the Crimes Act 1914.
The majority of these amendments are in response to the 2010 DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 led by Mr Peter Ford.
The Review, which involved detailed consultation with Commonwealth, State and Territory stakeholders, focussed on ensuring the efficiency and effectiveness of DNA forensic sampling, profiling and matching while also appropriately safeguarding civil liberties and privacy.
Those themes are reflected in the amendments contained in this Bill.
Of significance to law enforcement agencies, the Bill contains amendments to help Commonwealth agencies work more effectively with their State and Territory counterparts in cross border criminal investigations involving DNA forensic evidence.
The amendments enhance the ability of the Australian Federal Police to respond to requests from foreign law enforcement agencies to match DNA profiles on the National Criminal Investigation DNA Database with profiles obtained as part of criminal investigations by foreign agencies.
The Bill also increases efficiencies in DNA sample collection.
Alongside these law enforcement measures, the Bill will make a series of improvements to the consent processes relating to the collection and use of DNA forensic material and other safeguards that currently apply to forensic procedures.
One such amendment will enable new consent forms to be prescribed under regulations that will ensure the information required to be provided to persons whose consent is being sought to a DNA forensic procedure under the Act, is both consistent and comprehensible.
The Bill will also clarify the processes currently in Part 1D for suspects and offenders to access part of their DNA sample for the purposes of innocence testing, and to other material related to their sample, such as copies of its analysis or copies of related records.
In addition, the Bill will:
The Bill also addresses some minor drafting issues.
A key message that came out of Peter Ford's review of Part 1D of the Crimes Act is that it is a very complex area of law. I am confident that the amendments contained in this Bill go significantly towards reducing that complexity and enhancing the procedures governing DNA collection and use for law enforcement and suspects, offenders and volunteers alike.
[Australian Crime Commission]
This Bill will also enhance the Australian Crime Commission's information sharing capabilities. It will establish a comprehensive regime under which the Commission can share information with Commonwealth, State and Territory agencies and international law enforcement and intelligence bodies.
To effectively combat crime however, Government needs to share its information beyond just government agencies, and proactively collaborate with the private sector.
To assist in the ACC building preventative partnerships with industries that are exposed to serious and organised crime threats, the Bill will provide the ACC CEO with the ability to share information with private sector bodies for a range of specified purposes where the CEO considers it appropriate. This will enable the ACC to share information and intelligence with private sector bodies to enable them to be aware of vulnerabilities and threats that exist in their respective industries. These changes reflect the responsibility held by the private sector to contribute to the fight against organised crime and will ensure that they are better equipped to do so.
Stringent safeguards on the handling, storage and disposal of any information provided will be applied by the ACC CEO. In addition new criminal offences will apply to the misuse or inappropriate disclosure of this information. This will ensure the proper protection of information that has been disclosed to the private sector.
[Australian Commission for Law Enforcement Integrity]
Schedule 4 of the Bill contains amendments to the Law Enforcement Integrity Commissioner Act 2006 to provide the Australian Commission for Law Enforcement Integrity (ACLEI) with a contempt power and to enhance the Commission's capability to investigate corruption.
The Commission was established in 2006 to investigate allegations of corruption and to enhance the integrity of Commonwealth law enforcement agencies.
The amendments will enable the Integrity Commissioner to refer a person to the Federal Court of Australia or a Supreme Court of a State or Territory for contempt of the Commission. The person will be in contempt if they fail or refuse to co operate with requests such as refusing or failing to answer the Integrity Commissioner's questions.
These provisions are designed to motivate an uncooperative witness to reconsider his or her position and will provide a swift and powerful mechanism for the Integrity Commissioner to deal with uncooperative witnesses.
These amendments will mirror the contempt provisions in the Australian Crime Commission Act and will align the Australian Commission for Law Enforcement Integrity with various State bodies which exercise comparable coercive investigative powers.
The Bill also extends the sum period for which the Integrity Commissioner may be appointed in response to a recommendation of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (ACLEI). This amendment will allow for continuity of leadership in a situation where ACLEI is undergoing extensive change, or where there is an ongoing, serious investigation.
Under this amendment, the maximum sum period for which the Integrity Commissioner may hold office will be extended to seven years. The requirement that any single period of appointment not exceed five years remains unchanged.
[Commonwealth Drug Offences]
New measures are also proposed in the Bill to help combat the emergence of new and illicit substances, and are an important step in halting the emergence of a new drugs market in Australia.
It is proposed that the Criminal Code Act 1995 be amended to list additional drug substances and quantities to be subject to the full range of Commonwealth serious drug offences.
As an example, the amendments will enable law enforcement agencies to capture individuals and organised crime groups involved in drug importation and other drug related activities involving substances such as Meow Meow and Special K.
The Bill will also assist the Australian Customs and Border Protection Service perform its vital role in intercepting and seizing illicit drugs detected at the Australian border, by overcoming a legislative anomaly which currently exists in relation to their ability to seize illicit substances without a warrant. The Bill proposes amendments to ensure that the powers available to Customs to seize all illicit drugs – whether proscribed under Customs Regulations or the Criminal Code – are consistent.
[Commonwealth parole amendments]
The next area of reform in the Bill relates to Federal offenders. The Bill proposes amendments to the Crimes Act to implement recommendations from the 2006 Australian Law Reform Commission Report - Same Crime, Same Time: Sentencing of Federal Offenders.
Currently, there is no discretion to refuse parole to a federal offender serving a sentence of imprisonment of less than 10 years, even if reports from corrective service agencies do not support the granting of parole.
The amendments will ensure that release on parole of all federal offenders is a discretionary decision. This is consistent with the general approach in the States and Territories.
The Attorney-General will be able to refuse or delay the release of an offender on parole, where this is appropriate.
For example, under current arrangements federal child sex offenders can refuse to participate in sex offender treatment programs, as they know they will be released at the end of their non parole period regardless. Offenders would be encouraged to take part in rehabilitation programs if they knew that this would be taken into account in deciding whether they should be released on parole.
Further, amendments will be made to provide that the federal offender's parole period ends on the same day as his or her sentence and that the parole supervision period may extend to the end of the federal offender's parole period. Currently, for federal sentences other than a life sentence, the maximum parole supervision period is three years. By establishing that the supervision period may extend to the end of the offender's parole period, this will allow federal offenders who may require ongoing supervision during their parole period to receive this assistance. Such supervision may be required, for example, if the offender is engaging in ongoing drug use, or is displaying other worrying behaviour.
[Commonwealth fine enforcement]
This Bill further amends the Crimes Act to improve the enforcement of Commonwealth fines.
The Commonwealth does not have a fine enforcement agency and relies on State and Territory agencies to enforce Commonwealth fines on its behalf.
Currently, these agencies cannot impose certain penalties on persons who default on the payment of Commonwealth fines unless they first obtain a court order. It is expensive and time consuming for fine enforcement agencies to return to court to obtain an order, and this acts as a disincentive to do so.
These amendments will empower State and Territory fine enforcement agencies to enforce Commonwealth fines through non judicial enforcement actions without first obtaining a court order. These non judicial enforcement actions may include, for example, garnishment of a debtor's wage or salary.
The amendments will not affect other fine enforcement options that are currently available as an alternative to paying a fine - such as voluntary community service or suspension of a person's drivers licence.
[Proceeds of Organised Crime]
Lastly, the Bill will amend the Proceeds of Crime Act 2002 and the Director of Public Prosecutions Act 1983 to allow a court to restrict the publication of certain matters in relation to applications for freezing orders and restraining orders.
As freezing orders and restraining orders are made early in proceedings, it is important that courts are empowered to prevent the early publication of information that could compromise a proceeds of crime investigation or a related criminal investigation.
A minor amendment will be made to the Proceeds of Crime Act to expand the definition of 'authorised officer' to include AFP employees and secondees to the AFP who are authorised by the Commissioner of AFP.
This amendment will ensure that AFP employees and other Government secondees working in the new multi agency Criminal Assets Confiscation Taskforce, can be appointed as authorised officers, and fully utilise their significant expertise in proceeds of crime investigations.
[Conclusion]
The measures contained in this Bill are important to help support the fight against crime by enhancing laws relating to the investigation and enforcement of Commonwealth criminal matters. Importantly, they are also balanced by significant safeguards.
I commend the Bill.
That the Senate concurs with the resolution of the House of Representatives relating to the appointment of the Parliamentary Joint Committee on Human Rights.
Proposed Joint Committee on Human Rights, and transmitting for the concurrence of the Senate the following resolution:
That in accordance with section 6 of the Human Rights (Parliamentary Scrutiny) Act 2011, matters relating to the powers and proceedings of the Parliamentary Joint Committee on Human Rights shall be as follows:
(a) the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip, 2 Members of the House of Representatives to be nominated by the Opposition Whip or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or independent Senator;
(b) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;
(c) the committee elect a Government member as its chair;
(d) the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee;
(e) at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(f) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;
(g) 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House;
(h) the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine;
(i) the committee appoint the chair of each subcommittee and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting and in the event of an equally divided vote, the chair will have a casting vote;
(j) 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House;
(k) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(l) the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced, to move from place to place, to meet and transact business in public or private session and to conduct proceedings at any place it sees fit;
(m) a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate or the House of Representatives;
(n) the committee may report from time to time; and
(o) the committee may appoint counsel to advise the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
That senators be discharged from and appointed to committees in accordance with the document circulated in the chamber.
Appropriations and Staffing—Standing Committee––
Discharged––Senator Lundy
Appointed––Senator Collins
Human Rights––Parliamentary Joint Committee
Appointed––Senators Stephens and Senator Thistlethwaite
Procedure—Standing Committee––
Appointed––Senator Collins
Selection of Bills—Standing Committee––
Appointed––Senator Collins.
Fairer Private Health Insurance Incentives Bill 2012
Fairer Private Health Insurance Incentives (Medicare Levy Surcharge) Bill 2012
Fairer Private Health Insurance Incentives (Medicare Levy Surcharge—Fringe Benefits) Bill 2012
That the Fairer Private Health Insurance Incentives Bill 2012 and two related bills be referred to the Economics Legislation Committee.
In health we need to end the scandal of three billion tax dollars a year being handed over to the private insurance industry—a handout that has done nothing to reduce the pressure on our public hospitals. For all this vast subsidy, the proportion of Australians who have private health cover rose during the Howard years only from 34 to 44 per cent. And most of the new purchasers were well-off people who bought a cheap policy to avoid the government’s tax surcharge. That is to say, the private health insurance industry has been grown with conscripts not volunteers.
The Government is firmly committed to retaining the existing private health insurance rebates.
I grow tired of saying this. Labor is committed to the 30 per cent health insurance rebate.
The Senate divided. [18:35]
(The President—Senator Hogg)
That the time for the presentation of the report of the Community Affairs Legislation Committee on the provisions of the Social Security Legislation Amendment Bill 2011 and related bills be extended to 14 March 2012.
Fairer Private Health Insurance Incentives Bill 2012
Fairer Private Health Insurance Incentives (Medicare Levy Surcharge) Bill 2012
Fairer Private Health Insurance Incentives (Medicare Levy Surcharge—Fringe Benefits) Bill 2012
I grow tired of saying this — Labor is committed to the 30 per cent private health insurance rebate.
Himalayan glaciers are back on the frontline of climate change controversy, with new research showing the world's greatest snowcapped peaks lost no ice at all over the past 10 years.
Claims the Himalayan ice peaks would disappear by 2035 instead of 2350 cast doubt over the credibility of the UN's Intergovernmental Panel on Climate Change 2009 report. Now even the 2350 estimate of disappearing ice is open to question.
Research published in the scientific journal Nature showed satellite measurements of the ice peaks from the Himalayas to Tian Shan on the border of China and Kyrgyzstan have come to an unexpected conclusion.
While lower-altitude glaciers were melting over the past eight years, enough snow was being added to the peaks to compensate.
The research published in Nature was designed to show the contribution of melting glaciers to rising sea levels.
… … …
Scientists previously believed about 50 billion tonnes of meltwater were lost from the Himalayas each year and not replaced with snow, but the research shows that is not the case, with the amount of water melting into the sea being replaced with snow at higher altitudes.
The finding was described by Bristol University glaciologist Jonathan Bamber as "very unexpected".
First, the contribution of GICs (excluding the Antarctica and Greenland peripheral GICs) to sea-level rise was less than half the value of the most recent, comprehensive estimate obtained from extrapolation of in situ measurements for 2001–05 (0.41 ± 0.08 compared with 1.1 mm yr−1). Second, losses for the High Mountain Asia region—comprising the Himalayas, Karakoram, Tianshan, Pamirs and Tibet—were insignificant. Here, the mass-loss rate was just 4 ± 20 gigatonnes per year (corresponding to 0.01 mm yr−1 of sea-level rise), compared with previous estimates that were well over ten times larger. By a careful analysis, the authors discounted a possible tectonic origin for the huge discrepancy, and it seems that this region is more stable than previously believed.
Understanding, and closing, the sea-level budget (the relative contributions of mass and thermal expansion to ocean-volume change) is crucial for testing predictions of future sea-level rise. Estimates of the future response of GICs to climate change are, in general, based on what we know about how they have responded in the past. A better estimate of past behaviour, such as that obtained by Jacob and colleagues, will therefore result in better estimates of future behaviour.
… dramatically altered our understanding of recent global GIC volume changes and their contribution to sea-level rise. Now we need to work out what this means for estimating their future response.
In 2010, the head of the IPCC was forced to apologise for including in a 2007 report the claim that there was a "very high" chance of glaciers disappearing from the Himalayas by 2035.
… the chairman of the IPCC conceded in January 2010 that "the clear and well-established standards of evidence required by the IPCC procedures were not applied properly" when the claim was included.
Maybe I don't have a gas cooking stove and a lot of things that other families own, but I am happy that my children, thanks to God, are excellent students in their schools and this gives me great hope that they will compensate me tomorrow, for what I and my husband suffered to make ends meet and provide food for them.
I was set to go to the Friday sermon—
and it was about 12.15 pm, when my daughter Nidal was talking to me about the final touches for her wedding party. By then, electricity was cut off and my wife Najah and my daughters Nidal, Neda and Fida, all moved to rest a bit on these chairs.
I pushed the door to see what happened. It was horrible, it was horrible—Najah's face was smashed and stained with blood, while Nidal's abdomen was ripped open with blood covering all her body.
The majority of the fellows had a very hard time, and many are still having it. Wednesday night was particularly rough and there was no chance of sleeping. With another chap, I've got a little cabin on deck just off the midships, but that night we were nearly washed away by the heavy seas, and the water on deck was, at times, over a foot deep.
Sea after sea came aboard and there wasn't much chance of sleeping, as I was bumped from one side of my cabin to the other. The climax came next morning between 6 and 7 a.m. when a big wave came in fair on top of me—and I looked like a drowned rat. I'm in the top berth, too, with an orderly in the bottom one. Of course, everything was swamped—most annoying—but I felt quite pleased that we were not washed overboard.
It scares the devil out of me when this old tub goes over on her side. Sometimes you think she's never coming back—but you sort of gradually get used to it.
Sea sickness has gradually become extinct, and while most of the boys are taking to it better now, there are still some who have had quite enough of this voyage already.
Reveille goes at 7 o'clock in the morning, and the troops have to get up then, and all hammocks have to be slung. Breakfast is at 8 o'clock—and I very rarely tumble out of bed before then.
One afternoon I got the fright of my life. The cook's galley right forward was in flames, and it looked pretty rotten, with the flames going up in the air and the ship jumping about like a cork.
I don't suppose it was really as serious as it looked—but it did to me. The water service is pretty good, however, and they soon had it under control—but not before the cooks shop and some fittings near by were destroyed.
There are some fine buildings and hotels in Capetown, and while we sampled some of the latter, the liquor mostly is rotten. Unfortunately, the Australian and New Zealand chaps are not very popular here in Capetown because they have made quite a bad name for themselves on previous occasions.
Devonport is a big English town—narrow streets, old-fashioned buildings, and big ship building works, and we had to march to camp through the countryside.
There are no fences—only hedges dividing off small fields. We stopped at lots of little villages and always made our presence felt. You can follow the route we took from a map—Tavistock, Okehampton, on to Exeter where the Mayoress gave us tea and cakes—then to Honiton, Sherborne, Wilton and Salisbury, where we joined up with a lot of New Zealanders before finally reaching Amesbury in Wiltshire.
From there we had to march a further 3.5 miles to the camp, which we reached at about midnight. Our camp is situated about a mile north of Stonehenge.
One morning we strolled over to Stonehenge, and the stones are all right I suppose—but how they got the ones on top I don't know—they're exactly as we saw the pictures of them at school. Soldiers in uniform are admitted to the enclosure for threepence, while civilians have to pay one shilling.
In countries where women's labour market opportunities expand but women are still expected to do most of the housework and childcare with little assistance from men, many women exercise the only choice available; they remain childless when work and family roles are too difficult to reconcile.
… Mr Bailey had been an astute lawyer, a conscientious Cornwall and then Rosevears MLC and a friend of "utmost integrity".
… demonstrated that … you don't have to be crude or rude to make a point and you don't have to be negative to achieve change—the strength of the argument can be in the material presented rather than the decibels of its presentation.
We are determined to place the security, the welfare of those who suffer incapacity through accident or sickness on a sure and certain basis—on the basis of confidence and freedom from financial anxiety for themselves and their families. Australians should not have to live in doubt or anxiety lest injury or sickness reduce them to poverty. We want to reduce hardships imposed by one of the great factors for inequality in society—inequality of luck.
Arthur had a lot of hotels. One day at The Big House, then a wharfies pub, a coach stopped with 57 Aboriginal players who ordered 57 schooners. 'Who's going to pay for these?' 'I guess I will', said Arthur. One of the footballers came over to Arthur at the bar and asked if he could take his photo. Arthur put a comb through his hair and smiled. The footballer skipped away, pulled a framed photo of Arthur off the wall and boarded the bus.
In Ivanhoe, John was told to get the newspaper. He stopped at the convenience store. 'Do you want today's paper or yesterday's?' 'Today's', John replied. 'In that case, you'll have to come back tomorrow'.
Tariff at the motel was $150, the receptionist advised. 'We'll pay that with pleasure', said Arthur. 'With pleasure', said the receptionist, 'its $450'.
T-bones cost $3.95. Arthur was astonished by the price. 'That's right', said the butcher. 'With meat, they cost $13.95'.
With reference to the proposed strategic assessment of the Great Barrier Reef World Heritage Area:
(1) How are comments made by a spokeswoman from the department, reported by Australian Associated Press on 11 January 2012, suggesting that the strategic assessment will focus on identifying and assessing cumulative impacts from major industry and port developments, including ongoing dredging projects such as that at Gladstone, which could affect the Great Barrier Reef World Heritage Area, consistent with the following statements:
(a) by the Minister on Four Corners, aired on 7 November 2011, that 'I'd prefer a situation where as much as possible is able to be dealt with once we've concluded the strategic assessment, but people have legal rights under law to commence the process, and those processes continue in the interim'; and
(b) by the departmental Deputy Secretary, Ms Dripps, during the 2011 Supplementary Budget estimates hearing of the Environment and Communications Legislation Committee on 18 October 2011, that 'Any proposal for development along the coast of Queensland that was likely to occur after that point [the conclusion of the strategic assessment] would be included in the strategic assessment'.
(2) What implications, if any, will the strategic assessment have on the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) assessment process, conditions and outcomes for each of the following types of projects that are having, or are likely to have, a significant impact on the Great Barrier Reef World Heritage values:
(a) projects currently undergoing a project level EPBC Act assessment, where a final decision is: (i) likely, or (ii) unlikely, to be made prior to the conclusion of the strategic assessment;
(b) projects that have been referred for project level EPBC Act assessment since the strategic assessment was announced; and
(c) projects that will be referred prior to the conclusion of the strategic assessment.
(3) What implications, if any, will the strategic assessment have on the EPBC Act assessment process, conditions and outcomes for each of the following types of projects that are having, or are likely to have, a significant impact on the Great Barrier Reef Marine Park:
(a) projects currently undergoing a project level EPBC Act assessment, where a final decision is: (i) likely, or (ii) unlikely, to be made prior to the conclusion of the strategic assessment;
(b) projects that have been referred for project level EPBC Act assessment since the strategic assessment was announced; and
(c) projects that will be referred prior to the conclusion of the strategic assessment.
(1) The comprehensive strategic assessment of the Great Barrier Reef World Heritage Area aims to protect the environment, support more efficient and effective regulation of future coastal development and meet Australia's obligations to protect the World Heritage values of the property. It will achieve this by examining direct, indirect and cumulative impacts from existing, planned and potential future coastal development activities.
The strategic assessment can not “suspend” or “switch off” assessment and approval processes for individual actions that have already been referred or are referred before completion of the strategic assessment. Consistent with legal requirements, assessments will continue for individual project proposals in the Queensland coastal zone or Great Barrier Reef. Proponents of controlled actions will be expected to meet a high standard of assessment, including consideration of cumulative impacts, where appropriate, to ensure that any individual project assessment does not compromise the strategic assessment process.
The Australian Government will strongly encourage all proponents of actions in the Great Barrier Reef to have their proposals considered as part of the strategic assessment process rather than individually, however, the government is required to consider all valid proposals referred in accordance with the law.
(2) Refer to (1) above. Actions that have been referred or are referred before the completion of the strategic assessment will be assessed stringently in accordance with usual assessment and approval provisions of the EPBC Act to ensure ongoing protection of the World Heritage values of the Great Barrier Reef.
(3) Refer to (1) above. Proposed actions that have been referred or are referred before the completion of the strategic assessment will be assessed rigorously in accordance with the usual assessment and approval provisions of the EPBC Act to ensure ongoing protection of the environment of the Great Barrier Reef Marine Park.
Does the Royal Australian Navy have an ice strengthened vessel or ice breaking vessel in its fleet; if not, are there plans to build or buy such a vessel.
(1) HMAS Choules is the only vessel in the Royal Australian Navy with a certification society recognised ice strengthened rating, although it was not acquired on the basis of its ice rating, being first and foremost a contingency maritime Humanitarian Assistance and Disaster Relief response vessel.
(2) HMAS Choules has a 1C ice rating under Lloyds Classification Society rules. The level of ice strengthening of a vessel's hull is referred to as an ice rating which dictates where a vessel may be operated. In the case of Choules the vessel can operate in broken first year ice at up to 0.4 metre thick.
(3) Other classes of vessels within the Royal Australian Navy are not designed for operation within ice and are therefore normally limited to operating north of the Antarctic Convergence Zone (ACZ). The ACZ is normally defined as: The Falkland Islands, Prince Edward Islands, Crozet Islands, Île Amsterdam, Île Saint-Paul, Tierra del Fuego and Macquarie Island lie north of the Antarctic Convergence. The Kerguelen Islands lie approximately on the Convergence. The South Shetland Islands, South Orkney Islands, South Georgia and the South Sandwich Islands, Bouvet Island, Heard Island and McDonald Islands all lie south of the Convergence.
(4) The Defence White Paper 2009 does not establish a requirement for the Australian Defence Force to own and operate an ice-strengthened or ice-breaking capable vessel.
In follow up to questions taken on notice during the 2010 11 Supplementary Budget estimates hearing of the Economics
Legislation Committee (question nos SBT116-120) relating to the Productivity Commission and the Fair Work Act 2009, and with reference to section 6 of the Productivity Commission Act 1998, which states that the Productivity Commission's functions are to 'undertake, on its own initiative, research about matters relating to industry, industry development and productivity' and 'promote public understanding of matters relating to industry, industry development and productivity':
(1) Has the Productivity Commission informed itself on any issues with the Fair Work Act 2009; if so, can this information be provided, including associated recommendations or suggested courses of action.
(2) What is the Productivity Commission's view on the Fair Work Act 2009 and does it consider the Act to be working well.
(3) Does the Productivity Commission believe that half a million jobs can be created between July 2011 and July 2012.
(1) The Commission looked at the impact on the retail industry of workplace relations regulations (including the Fair Work Act 2009) as part of its recent inquiry on the Economic Structure and Performance of the Australian Retail Industry. The final report was publicly released on 9 December 2011.
(2) As above.
(3) As above.
With reference to the answer to question on notice no. 1432, regarding the incident at the Curtin Immigration Detention Centre on 2 November 2011 resulting in the injury of a female Serco officer:
(1) What is the status of the Australian Federal Police investigation into this matter.
(2) Have the individuals involved in the incident been identified.
(3) What action has or will be taken against those involved in the incident.
(1) The investigation is ongoing (active).
(2) As this investigation is ongoing, it is not appropriate to comment further.
(3) As this investigation is ongoing, it is not appropriate to comment further.
For the period 1 January 2011 to 31 December 2011, or if more convenient for data purposes the 2010-11 financial year, what flights were taken by departmental staff between:
(a) Townsville and Canberra; and
(b) Canberra and Townsville, including details on whether they were direct or indirect flights.
For the period 1 January 2011 to 31 December 2011, Defence travelled between:
(a) Townsville and Canberra – on 2112 trips; consisting of 323 trips direct and 1789 indirect.
(b) Canberra and Townsville – on 2267 trips; consisting of 291 trips direct and 1976 indirect.
For the period 1 January 2011 to 31 December 2011, or if more convenient for data purposes the 2010-11 financial year, what flights were taken by departmental staff between: (a) Townsville and Canberra; and (b) Canberra and Townsville, including details on whether they were direct or indirect flights.
For the period 1 January 2011 to 31 December 2011, the following flights were undertaken by departmental staff between:
(a) Townsville and Canberra
(b) Canberra and Townsville
Airport Legend: