The PRESIDENT (Senator the Hon. John Hogg) took the chair at 11:00, read prayers and made an acknowledgement of country.
Telecommunications Universal Service Management Agency Bill 2011
Telecommunications Legislation Amendment (Universal Service Reform) Bill 2011
Telecommunications (Industry Levy) Bill 2011
(1) Clause 4, page 8 (after line 22), after the definition of telecommunications industry , insert:
Telecommunications Industry Ombudsman has the same meaning as in theTelecommunications (Consumer Protection and Service Standards) Act 1999 .
(2) Clause 4, page 9 (after line 2), after the definition of vacancy , insert:
voice customer migration policy objective means the policy objective set out in paragraph 11(e), in so far as that objective relates to either or both of the following:
(a) customer information programs;
(b) customer cabling installation programs.
(3) Page 25 (after line 26), after Division 4, insert:
Division 4A—Facilitation of the voice customer migration policy objective
Subdivision A—Access to information or documents held by a carriage service provider
29A Access to information or documents held by a carriage service provider
Scope
(1) This section applies to a carriage service provider if TUSMA believes on reasonable grounds that the carriage service provider has information or a document that is relevant to the achievement of the voice customer migration policy objective.
Requirement
(2) TUSMA may, by written notice given to the carriage service provider, require the carriage service provider:
(a) to give to TUSMA, within the period and in the manner and form specified in the notice, any such information; or
(b) to produce to TUSMA, within the period and in the manner specified in the notice, any such documents; or
(c) to make copies of any such documents and to produce to TUSMA, within the period and in the manner specified in the notice, those copies.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4) A carriage service provider must comply with a requirement under subsection (2) to the extent that the carriage service provider is capable of doing so.
(5) A carriage service provider commits an offence if:
(a) TUSMA has given a notice to the carriage service provider under subsection (2); and
(b) the carriage service provider engages in conduct; and
(c) the carriage service provider's conduct contravenes a requirement in the notice.
Penalty for contravention of this subsection: 50 penalty units.
29B Copying documents—compensation
A carriage service provider is entitled to be paid by TUSMA reasonable compensation for complying with a requirement covered by paragraph 29A(2)(c).
29C Copies of documents
(1) TUSMA may:
(a) inspect a document or copy produced under subsection 29A(2); and
(b) make and retain copies of, or take and retain extracts from, such a document.
(2) TUSMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 29A(2)(c).
29D TUSMA may retain documents
(1) TUSMA may take, and retain for as long as is necessary, possession of a document produced under subsection 29A(2).
(2) The carriage service provider otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by TUSMA to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, TUSMA must, at such times and places as TUSMA thinks appropriate, permit the carriage service provider otherwise entitled to possession of the document, or a person authorised by that carriage service provider, to inspect and make copies of, or take extracts from, the document.
29E Law relating to legal professional privilege not affected
This Subdivision does not affect the law relating to legal professional privilege.
Subdivision B—Disclosure of information
29F Disclosure of information
Scope
(1) This section applies to information that:
(a) was obtained by TUSMA under section 29A; or
(b) is contained in a document, or a copy of a document, that was produced to TUSMA under section 29A.
Disclosure
(2) TUSMA may disclose the information to a carriage service provider if the disclosure is for a purpose relating to the achievement of the voice customer migration policy objective.
Subdivision C—Consent to customer contact
29G Consent to customer contact
Scope
(1) This section applies to a carriage service provider if:
(a) TUSMA believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person ) contacting:
(i) the carriage service provider's customers; or
(ii) customers included in a particular class of the carriage service provider's customers;
for a purpose relating to the achievement of the voice customer migration policy objective, that consent would be likely to facilitate the achievement of the voice customer migration policy objective; and
(b) the carriage service provider is not a contractor in relation to a section 13 contract entered into for a purpose relating to the achievement of the voice customer migration policy objective; and
(c) the carriage service provider is not a grant recipient in relation to a section 13 grant made for a purpose relating to the achievement of the voice customer migration policy objective.
Requirement
(2) TUSMA may, by written notice given to the carriage service provider, require the carriage service provider:
(a) to consent to the third person contacting:
(i) if subparagraph (1)(a)(i) applies—the carriage service provider's customers; or
(ii) if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider's customers;
for a purpose relating to the achievement of the voice customer migration policy objective; and
(b) to do so within the period and in the manner specified in the notice.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4) A carriage service provider must comply with a requirement under subsection (2).
(5) A carriage service provider commits an offence if:
(a) TUSMA has given a notice to the carriage service provider under subsection (2); and
(b) the carriage service provider engages in conduct; and
(c) the carriage service provider's conduct contravenes a requirement in the notice.
Penalty for contravention of this subsection: 50 penalty units.
(4) Clause 38, page 30 (line 2), omit paragraph (2)(d), substitute:
(d) consumer affairs;
(5) Heading to clause 122, page 73 (line 3), omit "the ACMA and the ACCC", substitute "certain bodies or persons".
(6) Clause 122, page 73 (line 5), omit "authorities", substitute "bodies or persons".
(7) Clause 122, page 73 (lines 6 and 7), omit "authority to perform or exercise any of its functions or powers", substitute "body or person to perform or exercise any of the functions or powers of the body or person".
(8) Clause 122, page 73 (line 9), at the end of subclause (1), add:
; (c) the Telecommunications Industry Ombudsman;
(d) the Regional Telecommunications Independent Review Committee;
(e) the Secretary of the Department.
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (3)
The effect of clause 29B of the amendment is to provide for compensation to be paid to carriage service providers for providing copies of documents to TUSMA. It is covered by section 53 because the compensation will be paid out of the Telecommunications Universal Service Special Account established by clause 84 of the Bill, with those payments being made out of the Consolidated Revenue Fund under the standing appropriation in section 21 of the Financial Management and Accountability Act 1997 .
Telecommunications Universal Service Management Agency Bill 2011
SHEET BE262
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (3)
The stated effect of subclause 29B contained in this amendment is to provide for compensation payments to be made to certain carriage service providers when they are required to provide copies of documents to the Telecommunications Universal Service Management Agency in relation to the proposed voice customer migration policy. Although the decision to make such a payment would be subject to a decision by the Agency, if such a payment is made, the increased expenditure would be met directly from the standing appropriation contained in clause 84 of the bill.
The Senate has long followed the practice that it should treat as requests amendments which would clearly, necessarily and directly result in increased expenditure under a standing appropriation. If, as stated, this amendment would result in increased expenditure under the standing appropriation in clause 84 of the bill, it is in accordance with the precedents of the Senate that this amendment be moved as a request.
Amendment (2)
Amendment (2) is consequential on the request. It is the practice of the Senate that amendments purely consequential on amendments framed as requests may also be framed as requests.
(1) Schedule 1, page 8 (after line 27), after item 28, insert:
28A Section 284 (heading)
Repeal the heading, substitute:
284 Assisting the ACMA, the ACCC, the Telecommunications Industry Ombudsman or TUSMA
28B At the end of section 284
Add:
(4) Sections 276 and 277 do not prohibit a disclosure by a person of information or a document if:
(a) the disclosure is made to, or to a member of the staff of, TUSMA; and
(b) the information or document may assist TUSMA to carry out its functions or powers.
28C Section 299 (heading)
Repeal the heading, substitute:
299 Assisting the ACMA, the ACCC, the Telecommunications Industry Ombudsman or TUSMA
28D At the end of section 299 (before the note)
Add:
(4) If information or a document is disclosed to a person as permitted by subsection 284(4) or this subsection, the person must not disclose or use the information or document except for the purpose of, or in connection with, the carrying out of TUSMA's functions and powers.
28E Section 299 (note)
Omit "or the Telecommunications Industry Ombudsman", substitute ", the Telecommunications Industry Ombudsman or TUSMA".
Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2012
We want to make sure that no one is engaged in improper conduct in the building industry, whether employer, union or employee.
Anybody who breaches the law should feel the full force of the law.
… there should be absolutely vigorous, hard-edged compliance and no tolerance … for unlawfulness.
Each and every breach of the law is wrong and each and every breach of the law should be acted upon.
The Law Council of Australia has raised serious concerns …
… significantly impact the ability of the independent regulator to enforce compliance with the relevant legislation in the building and construction industry.
… the … Commissioner will be unable to either institute or continue civil penalty litigation for breaches under Commonwealth law because there has been a commercial settlement between the contravenor and persons affected by the offending conduct …
There is potential for significant waste of tax-payers money if the regulator is forced to discontinue litigation or an investigation …
… undue pressure is placed on parties to settle out of court to preclude the regulator from pursuing … penalties …
The Law Council urges reconsideration of this legislation …
The Building and Construction Industry Improvement Act 2005 (BCII Act) provides the ABC Commissioner with the power to compel a person to provide information or produce documents if the ABC Commissioner believes on reasonable grounds that the person has information or documents relevant to an investigation and is capable of giving evidence.
I would just say at this point that a person accused of murder under the criminal law of this country has a right to silence. A person accused of a serious violent crime such as assault in this country has a right to silence under the law. A person accused of theft, corruption or a range of criminal offences has a right to silence under this law. Those who do not have a right to silence under this law are construction workers, who can be interrogated about their workplace and union activities.
The breadth of these requirements means that any person, including a child or a mere bystander, may be required to give information (including personal information, such as their political views) if it is relevant to an investigation of minor breaches of industrial law and industrial instruments.
Each use of the powers is dependent upon a presidential member of the Administrative Appeals Tribunal (AAT) being satisfied a case has been made for their use;
The person being examined will be entitled to be represented at the examination by a lawyer of the person's choice and their rights to refuse to disclose information on the grounds of legal professional privilege and public interest immunity will be recognised;
People required to attend an interview will be reimbursed for their reasonable expenses such as travel and accommodation as well as legal expenses;
All examinations will be videotaped and undertaken by the director or an officer from the senior executive service;
The Commonwealth Ombudsman will monitor and review all examinations and provide reports to the Parliament on the exercise of this power; and
The powers are subject to a three year sunset clause and it is intended that before the end of that period, the government would undertake a review to determine whether these powers continue to be required.
The ABCC days are numbered! The bill to rid them from our industry goes before Federal Parliament in February and it’s a long time over due. We’ve been working under these draconian laws for 6 years - 2 of those under Howard … Gillard has made some changes to the Code that allowed us to have stronger union EBAs.We are working hard to secure more changes to the Code and are very confident that we will succeed.
Once again the union lives on while the dogs come and go. It is going to take time to repair the damage that they leave behind. The upside is many workers no longer take for granted what the union has delivered over the years and the members know that they are worth fighting for.
The ABCC was set up by the Howard Government as part of an ideological attack on unions. It has been a $135 million waste of money, serving only to try and intimidate union members who stand up for decent wages and safety.
Most mornings, militant unionist Kevin Reynolds meanders on to the balcony of his stunning riverside apartment, built by his loyal disciples, to take breakfast and read the morning papers. He can look across the Swan River to the cranes that pepper Perth's exploding CBD knowing that should Labor win the next federal election his nemesis—the only authority in 20 years to rein in his hardline and volatile union—will be destroyed. And Reynolds, along with his colourful deputy Joe McDonald, will again have total control over almost every major construction site in the booming West Australian capital. It is a daunting scenario for a construction industry enjoying a relatively strike-free environment since the Australian Building and Construction Commission, which Labor has vowed to abolish, came to town in late 2005.
Reynolds and McDonald have already started boasting about what will happen when Kevin Rudd becomes prime minister and carries out his promise to dismantle the ABCC headed by John Lloyd.
'I live for the day when (the ABCC staff) are all working at Hungry Jacks or Fast Eddy's or Kentucky Fried Chicken,' McDonald told the Australian recently. 'That is what's waiting for them. They're all ex-policemen and they can go and do whatever ex-coppers do. I suggest that John Lloyd and his mates will be unemployed before I will be.'
The national CFMEU would not contribute to the ALP while the ABCC stayed in place, creating an annual $3 million hole in the federal ALP's finances.
The Labor Party makes all sorts of promises to the union to get their money but at least on this promise they're actually delivering.
… there can be no doubt that the Royal Commissioner was correct in pointing to a culture of lawlessness, by some union officers and employees and supineness by some employers, during the years immediately preceding his report. The evidence summarised in the report is too powerful to permit any other view.
The case, as brought and as evidenced by the evidence yesterday, was misconceived, was completely without merit and should not have been brought.
There is room for the view that if the Commission was even-handed in discharging its task of ensuring industrial harmony and lawfulness in the building or construction industry, proceedings, not necessarily in this court and not necessarily confined to civil industrial law, should have been brought against a company, Underground, and its managing director and possibly another director.
The present arrangement in the present proceedings, on the material presently available to me, strongly suggests that the arrangement of the workers as 'independent subcontractors' was a sham, a bogus arrangement. It was an example of dishonest fraudulent financial engineering by Underground, whose intended purpose was to avoid payments made under the certified agreement which bound Underground at the time.
The present arrangement in the present proceedings, on the material presently available to me, strongly suggests that the arrangement of the workers as independent subcontractors was a sham, a bogus arrangement. It was an example of dishonest or fraudulent financial engineering by Underground, whose intended purpose was to avoid the payments made under the certified agreement which bound Underground at the time.
The promotion of industrial harmony and the ensuring of lawfulness of conduct of those engaged in the industry of building and construction is extremely important, but as one which requires an even-handed investigation and an even-handed view as to resort to civil or criminal proceedings, and that seems very much to be missing in this case.
The commercial arrangements that Underground entered into with its workers is a species of black economy, which, unfortunately, seems to exist in the building industry, and equally, that it is to be stamped out if at all possible in the payment to workers in such an ad hoc way as to avoid the obligations of the income tax legislation and the superannuation legislation. It is not to be ignored or a blind eye cast when it is engaged in by the employers.
The only possible justification of having specially restrictive rules for the building and construction industry must be that this is necessary to provide industrial peace and an acceptable level of productivity. Many people assert that the industry's present happy position, in these respects, is attributable to the BCII Act and the activities of the ABCC. Is there any hard evidence that supports that assertion?
Multi-factor productivity in the non-residential construction industry has displayed similar trends to those of labour productivity The multi-factor productivity index measures industry gross value added per unit of capital and labour input. Multi-factor productivity increased strongly through the 1990s and peaked just prior to the introduction of the GST. Following a short but sharp fall in productivity following the introduction of the GST multi-factor productivity rebounded quickly and has been increasing since 2001.
If ever there was an example of how economic modelling results are driven by assumptions and not data, this is it.
TO
THE ELECTORS OF AUSTRALIA
who by their votes established and have sustained constitutional government in the Commonwealth of Australia
and one group of their chosen agents and trustees
THE SENATORS
who hold a large portion of that trust
To review legislative and other proposals initiated in the House of Representatives, and to ensure proper consideration of all legislation.
To ensure that legislative measures are exposed to the considered views of the community and to provide opportunity for contentious legislation to be subject to electoral scrutiny. The Senate's committee system has established a formal channel of communication between the Senate and interested organisations and individuals, especially through developing procedures for references of bills to committees.
To provide protection against a government, with a disciplined majority in the House of Representatives, introducing extreme measures for which it does not have broad community support.
To probe and check the administration of the laws, to keep itself and the public informed, and to insist on ministerial accountability for the government's administration.
(a) the nature, extent and effect of any unlawful or otherwise inappropriate industrial or workplace practice or conduct, including, but not limited to:
(i) any practice or conduct relating to the Workplace Relations Act 1996, occupational health and safety laws, or other laws relating to workplace relations …
… fraud, corruption, collusion or anti-competitive behaviour …
… coercion, violence, or inappropriate payments, receipts or benefits …
… dictating, limiting or interfering with decisions whether or not to employ or engage persons, or relating to the terms on which they be employed or engaged—
… failure to disclose or properly account for financial transactions undertaken by—
employee or employer organisations or their representatives or associates …
… inappropriate management, use or operation of industry funds for training, long service leave, redundancy or superannuation …
… the ABCC’s work is not yet done. Although I accept there has been a big improvement in building industry behaviour during recent years, some problems remain. It would be unfortunate if the inclusion of the ABCC in the—
led to a reversal of the progress that has been made.
We want to make sure that no one is engaged in improper conduct in the building industry, whether employer, union or employee.
Anyone who breaks a law will feel the full force of the … law.
… there should be absolutely vigorous, hard-edged compliance and no tolerance at all for unlawfulness.
We want to make sure that no one is engaged in improper conduct in the building industry, whether employer, union or employee.
…a nyone who breaks a law will feel the full force of the law.
I am also disappointed; disappointed that there are still pockets of the industry where people think they are above the law, where people engage in intimidation and violence.
… the committee majority accepts Mr Wilcox's assessment that despite progress, the culture of the building and construction industry is still transforming.
The bill before the committee is aimed at driving cultural change in the industry through a carrot and stick approach: rewarding good behaviour and focusing compliance measures on areas where it is needed.
… there should be absolutely vigorous, hard-edged compliance and no tolerance at all for unlawfulness—
Each and every breach of the law is wrong and each and every breach of the law should be acted upon.
…the ABCC's work is not yet done. Although I accept there has been a big improvement in building industry behaviour during recent years, some problems remain. It would be unfortunate if the inclusion of the ABCC in the OFWO led to a reversal of the progress that has been made.
We want to make sure that no-one is engaged in improper conduct in the building industry, whether employer, union or employee.
… I want to tell you, ladies and gentlemen, the Coalition will support the ABCC with every breath in our political bodies.
… will be the Fair Work Australia culture and we have had some insights into the Fair Work Australia culture quite recently, as we have watched the investigation of the Health Services Union and my fear, if the ABCC is replaced with an arm of Fair Work Australia, is that illegalities in your industry will be pursued and extirpated with the same vigour, the same relentless, remorseless vigour that we have seen brought to the pursuit, an extirpation of rorts, rackets and rip-offs inside the Health Services Union and we know that the investigation of rorts, rackets and rip-offs by Fair Work Australia into the Health Services Union is now into its fourth year …
This issue was covered quite extensively in the last hearings. The department at that point advised that it was an issue which was raised with the department by government—by the minister's office at the time. Among the technicalities is that the minister's office raised the proposal in broad terms with the department. Between the minister's office and the department, the clause as it stands was developed and implemented.
There is a lot of irregularities between 2002-05 which no one has looked into …
Manufacturing in Queensland has declined 6.5 per cent over the past year and the number of international tourists … has fallen 6 per cent … (during) the mining boom … While some mining jobs are well paid, the reality for the 99 per cent of Queenslanders who don't work in mining is higher housing costs, higher mortgage interest rates and fewer jobs in tourism, manufacturing and agriculture.
The Gillard Labor government will provide $2.7 million to build a new Youth Skills and Employment Centre … operated by Central Coast Group Training and owned by Wyong Shire Council.
… all of these guns, the guns on our streets, the guns being traded, the guns that form this black market have got into Australia through pretty porous borders…
The Committee recommends that the Australian Government encourage the Indonesian Government to allow greater access for the media and human rights monitors in Papua.
… increase transparency in defence cooperation agreements to provide assurance that Australian resources do not directly or indirectly support human rights abuses in Indonesia.
The Hon Jenny Macklin MP
Minister for Families, Community Services and Indigenous Affairs
Minister for Disability Reform
Parliament House Telephone: (02) 6277 7560
CANBERRA ACT 2600 Facsimile: (02) 6273 4122
BRI2-000296
19 MAR 2012
Senator Rachel Siewert
Senator for Western Australia
Parliament House
CANBERRA ACT 2600
Dear Rachel
I am writing in response to your Question on Notice taken by the Minister for Tertiary Education, Skills, Science and Research and Leader of the Government in the Senate, Senator the Hon Chris Evans, on Thursday 15 March 2012 about the National Disability Insurance Scheme (NDIS). I am replying on behalf of Senator Evans as this matter falls within my portfolio responsibilities as Minister for Disability Reform.
You asked what action has been taken by the Commonwealth, state and territory governments to ensure people with disability are involved in the development of an NDIS.
The Commonwealth Government recognises that to successfully complete work on the foundation reforms, experts in the field, people with disability, their families, carers and their representative organisations will need to be engaged on an ongoing basis. Significant consultation has already taken place, including the extensive consultations by the Productivity Commission, and the information sessions held in every capital city by the Commonwealth Long-Term Care and Support Taskforce.
As you are aware, on 19 August 2011, the Council of Australian Governments agreed to form a Select Council of Ministers from Commonwealth, states and territories to start work immediately to lay the foundations for an NDIS. The foundation reforms include consideration and strategies for preparing people with disability and their carers for a launch of an NDIS.
On 7 October 2011, the Government announced the appointment of the NDIS Advisory Group. The Advisory Group is working closely with governments and key stakeholders and provides opportunities for ongoing engagement in the disability reform process. The Advisory Group reports to the Select Council on Disability Reform which has representation from all jurisdictions.
The majority of the Advisory Group members were selected from nominations by state and territory governments and they bring together diverse experiences of the disability sector to ensure that governments will receive well balanced and informed advice. Some members of the Advisory Group also bring their own experiences as people with a disability.
Part of the Advisory Group's role is to ensure that the views of people with disability, their families, carers and service providers are reflected in the foundations and design of an NDIS. The Advisory Group will engage across Australia on reform options as the details of these options are developed. The Advisory Group is currently finalising its engagement plan which will include a range of engagement activities.
I understand the Chair of the Advisory Group, Dr Jeff Harmer will be attending the Friends of People with Disability Meeting which you are co-convening on Wednesday, 21 March 2012 to discuss the activities of the Advisory Group. I hope this meeting with Dr Harmer will give you further insight and confidence in their valuable role in engaging with people with disability.
State and territory governments have also formed similar advisory groups, such as the Queensland NDIS Working Group, Victorian NDIS Implementation Taskforce and the South Australian NDIS Taskforce. The NDIS Advisory Group is liaising with these groups which has proven useful in pinpointing their jurisdictions specific issues.
You also asked about the level of funding being made available to people with disability to participate and prepare for the implementation of an NDIS At this point, the Government has allocated a total of $10 million to progress the foundation reforms and the activities of the Advisory Group which will include consultations by the Advisory Group with people with disability and consultations on elements of the foundation reforms, such as the development of assessment tools. In addition the, Government has provided $10 million in grants to projects that Will help to inform the development of the NDIS and Prepare people with disability, their families and carers, the disability sector and workforce for its implementation.
Thank you for being a champion for people with disability. I look forward to working with you and the Australian Greens as we progress on the path of this fundamental disability reform.
Yours sincerely
JENNY MACKLIN MP
Senator PAYNE (New South Wales) (14:43): My question is to the Minister representing the Prime Minister, Senator Evans. Given the government's self-proclaimed commitment to deregulation and improving productivity, can the minister guarantee that the 12 crucial COAG seamless national economy reforms that are currently at risk of not being completed on time will, in fact, be completed by December this year, as promised?
Senator CHRIS EVANS (Western Australia—Minister for Tertiary Education, Skills, Science and Research and Leader of the Government in the Senate) (14:44): I thank Senator Payne for her question. She raises the very important issue of the deregulation agenda of COAG. I will have to take part of the question on notice in the sense of getting an update on the progress of each of the 12 key reforms …
The COAG Reform Council (CRC) report released on 3 February noted that good progress has been made on COAG's 27 deregulation priorities, and that 15 priority reforms had been implemented—including one ahead of schedule.
I am pleased to say that since the CRC report was released, Personal Properties Securities reform commenced operation on 30 January 2012—taking the number of implemented reforms to 16.
The CRC report stated that across the 27 deregulation priorities—22 reforms are travelling well. The report raised concerns about some priority reforms which are delayed and where the outcome may be at risk - these are important reforms such as national occupational health and safety laws, trades licensing and directors'
As a reflection of the economic importance of the national regulatory reform agenda, the Commonwealth has set aside $450 million in reward payments to be provided to the States and Territories, on the delivery of agreed reform outcomes.
The Australian Government is committed to leading the national regulatory reform agenda through COAG, and will continue to work with all States and Territories to drive accountabilities and ensure that the States deliver on their reform commitments in a full and timely manner. Further, the COAG Business Advisory Forum, announced by the Prime Minister, will provide an avenue for business to raise its concerns on progress in delivering these reforms more directly with governments.
Question taken on notice 15 March 2012 by Senator Ludwig acting as Minister representing the Attorney-General
Sen. Macdonald—Question
Mr President, I ask a supplementary question. I ask the minister to check the Hansard records, where he will see that commitment was made. I also ask whether he is aware that the Townsville legal profession was advised by the Attorney-General's office on 15 February that advertisements would be placed in papers in Townsville on 3 March. Were they published on that day as promised? If they were not, when is it intended to place those advertisements?
Sen. Ludwig—Response
I have been advised by the Attorney-General that an advertisement for nominations and expressions of interest for appointments to the Family Court of Australia in Queensland, Sydney and Adelaide will appear in newspapers on Friday 23 March and Saturday 24 March 2012.
Many of those involved in the incidents at Christmas Island and Villawood have actually been charged and remain in detention, with many on a negative pathway.
As the Senator should know, the new character provisions of the Migration Act only come into play where an irregular maritime arrival is found to be a refugee.
Before a person can be granted a Protection visa, they must be considered against new character requirements.
No person convicted of an offence related to the Christmas Island disturbances has been referred to the Minister for consideration to date.
As the Minister has said on countless occasions, he will use the full force of his character powers—introduced by this Government—where he sees fit.
For all of the Coalition's bluster and grandstanding not one visa was cancelled under the Howard Government for riots and fires at detention centres at Port Hedland, Baxter and Woomera.
That the Senate take note of the answers given by ministers to all questions without notice asked today.
… Senator Brandis … after two months was forced to recuse himself from this committee …
Although I stand by what I said in the course of the debate, it is incorrect to say that I have pre-judged the issues which the inquiry is likely to address. Nevertheless, having considered the matter carefully, I have decided to recuse myself.
As you are aware, the law recognizes two categories of case in which a judicial officer or other relevant decision-maker should stand aside from a hearing: where there is actual bias (for instance, where there is a direct conflict of interests) and apprehended bias (where, although there is no actual bias, a reasonable objective observer might conclude that there could be).
Although the Privileges Committee is not, of course, a court or a quasi-judicial tribunal, it is nevertheless of central importance that it both act with neutrality and be seen to so act. For that reason, I consider the legal principles to which I have referred provide useful guidance and should generally be followed in a case such as this.
In view of my contribution to the debate concerning Senator Brown's relationship with Mr Wood and his interests, I have concluded that there is a sufficient basis for the principle of apprehended bias to apply to this case.
That so much of standing orders be suspended as would prevent me from making a five-minute statement.
But what makes this a particularly serious case, what makes this case approach the borders of corruption is that we now know that in public speeches both beyond parliament and within the Senate chamber Senator Brown and Senator Milne have sought to advance the commercial interests of that donor …
The Senate divided. [16:17]
(The Deputy President—Senator Parry)
That leave of absence be granted to Senator Ludwig on 21 and 22 March 2012 on account of parliamentary business.
That leave of absence be granted to Senator Birmingham for 20 March 2012 for personal reasons.
That the Joint Select Committee on Cyber Safety be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 9 May 2012, from 4.15 pm.
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 Thursday, 22 March 2012, from 10.30 am, to take evidence for the committee's inquiry into Australia's trade and investment relationship with Japan and the Republic of Korea.
That the Joint Standing Committee on Migration be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 9 May 2012, from 10.30 am.
That the Senate—
(a) notes:
(i) that there is uncertainty about the level of leakage, flaring and venting of methane during coal seam gas prospecting, extraction, transport and processing, and
(ii) an accurate measurement of these 'fugitive' emissions is necessary to assess the claims of the coal seam gas industry that electricity production fuelled by coal seam gas is substantially less emission intensive than electricity production fuelled by coal; and
(b) orders that there be laid on the table, by 22 March 2012, the study by George Wilkenfeld and Associates Pty Ltd titled Updated scope 3 emissions factors for natural gas consumed in Australia, based on NGERS data , redacting where necessary any aspects of the study that are commercially sensitive.
The Senate divided. [16:29]
(The Deputy President—Senator Parry)
That the Senate take note of the document.
The responsible department also did not undertake any value for money analysis in respect to the employment claims made by project proponents in their applications …
More than one quarter of the approved applications had been assessed as not meeting this key (and mandatory) criterion. This approach was taken notwithstanding that the available funding could have been fully allocated to projects—
In addition, the responsible department did not undertake any value for money analysis in respect to the employment claims … At the same time, other projects which claimed significant employment benefits that were located in Priority Employment Areas and had been assessed as meeting all other identified criteria were not approved.
In the above circumstances, there is no reliable data available on actual employment outcomes achieved through projects funded under the bike paths component.
There were also 34 projects where the proponent reported employment outcomes that were significantly greater (at least double …
For example, Byron Shire Council in Northern New South Wales had been awarded a $168 500 grant towards the estimated $370 700 cost of constructing an asphalt shared path (for pedestrians and cyclists) approximately 750 metres long and 2.5 metres wide. The application had stated that this work would create two short-term jobs and two work experience positions.
The final report of June 2010 stated that 53 short-term jobs had been created on a ‘part-time employment’ basis with the report providing the following further advice in respect to this number: ‘Thirty (30) Council employees were involved on the project at some stage and are on ‘wage’; payment of which is made on the basis of hours committed to the project.
… the processes used to select the successful applications for bike paths component funding unnecessarily departed from the published program guidelines, particularly with respect to the decision not to limit funding to only those applications that had been assessed as meeting unemployment gateway criterion.
… the distribution of funding would have predominantly favoured projects in electorates held by the Australian Labor Party. Specifically:
Stronger Futures in the Northern Territory Bill 2012
That the Senate take note of the reports.
(a) the stated purpose of the work and its suitability for that purpose;
(b) the necessity for, or the advisability of, carrying out the work;
(c) the most effective use that can be made, in the carrying out of the work, of the moneys to be expended on the work;
(d) where the work purports to be of a revenue-producing character, the amount of revenue that it may reasonably be expected to produce; and
(e) the present and prospective public value of the work.
Notwithstanding its establishment, the Joint Committee does not possess the powers of the Public Works Committee.
… what needs to be understood quite strongly here is that the executive of the parliament does not own the money that gets spent by the agencies it regulates. It belongs to the people of Australia.
The Committee notes the challenges the Department faces in ensuring that all three projects fit within budget and meet the projected scope and schedule …
The Committee trusts that the Department will keep the Committee updated, should there be any further changes to scope or cost, as the projects progress.
The Department of Regional Australia, Local Government, Arts and Sport states that the Christmas Island facility is facing a critical housing shortage which impacts on the provision of public services.
Project 2 comprises the construction of a further 14 dwellings to accommodate the increase in personnel required for policing, health, administration and education services.
The increase in the number of dwellings corresponds with the growth in the island's population due to an escalation in immigration activity on Christmas Island.
Road Safety Remuneration Bill 2012
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 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.
ROAD SAFETY REMUNERATION BILL 2012
Road transport accounts for over 1.7 per cent of Australia's total GDP and employs over 246,000 Australians.
Australia's freight task has increased at an annual rate of 5.6 per cent and is forecast to continue growing.
Given the vast distances of this nation, the government knows that a safe and productive transport sector is in the interests of all Australians.
The economic importance of transport is one side of the story.
Sadly, there is another side.
Each day four people are killed and another 80 are seriously injured on our roads, on average.
Last year, 1,368 Australians lost their lives on our roads.
A further 30,000 were hospitalised.
The statistics for truck driving are particularly grave.
It is the Australian industry with the highest incidence of fatal injuries, with 25 deaths per 100,000 workers in 2008-09.
That is 10 times higher than the average for all industries.
It has been calculated that the cost to the Australian economy of this is $2.7 billion a year.
While the economic cost is important, it is the human cost that really counts.
Very few Australians have not been affected by the loss of a loved family member, a work mate or a friend.
The effect is devastating: too many lives cut short too young.
The Government is committed to doing all that is necessary to ensure that our truck drivers, whether they be an employee or a self employed owner-driver, have a safe and fair workplace, while sustaining the long-term viability of the road transport industry. The Government recognises the important role of small businesses, particularly owner drivers in the road transport industry.
They provide flexibility for businesses to meet demand for the delivery of goods, particularly in rural and regional areas—small businesses make up around 60 per cent of the road transport industry, yet they make up far less of the income earned in that industry.
Almost 30 per cent of owner drivers are paid below the award rate and many are unable to recover the cost of operating their vehicle.
In 2008, the National Transport Commission's review into remuneration and safety in the Australian heavy vehicle industry found that:
…commercial arrangements between an array of parties to the transport of freight, including load owners/clients and receivers, consignors and brokers, freight forwarders, large and small fleets as well as owner/drivers have a significant influence on safety.
Drivers are at the bottom of the contracting chain and have little commercial ability to demand rates which would enable them to perform their work safely and legally.
In this market, owner drivers are often forced to accept work at the going rate or have no work at all.
Not only is remuneration for owner drivers low, working hours are long.
There are other issues that affect the payment systems for owner drivers and employee drivers and impact the productivity of the industry.
Unpaid queuing time was highlighted as a major issue in the transport industry during fatigue-related reforms and consultation for Safe Rates, Safe Roads Directions Paper.
According to the National Road Transport Operators Association, distribution centres regularly require drivers to wait up to 10 hours before loading or unloading.
Drivers are not paid for this waiting time and cannot claim the waiting time as an official rest break, which impacts on both income and fatigue management.
The loss of ten hours' driving time is an incentive to make up for lost time, by driving additional hours, speeding or contravening mandatory fatigue management systems.
Any improvements that can be made to these practices will bring about positive change for the road transport industry and will provide incentives for transport companies and warehouses to increase efficiency by minimising waiting times.
To date, a national approach to safety issues that address pay as well as pay-related conditions in the industry, particularly for owner drivers, has not been taken.
The bill being introduced today reflects the government's commitment to taking the necessary next steps in addressing the underlying economic factors which create an incentive for, or encourage, unsafe on-road practices.
The measures being introduced will ensure pay and pay related conditions encourage drivers to drive safely, manage their hours and maintain their vehicles.
This will benefit the industry and it will benefit the wider community.
The bill seeks to reduce the number of road transport fatalities and injuries. This is important for truck drivers and their families, but it is also important for industry and it is important for all who use our roads in the community.
Improved conditions, including work-life balance and other health benefits for truck drivers and their families will also contribute to a safer industry.
The bill will reinforce and lock in the benefits of previous reforms, including those achieved by both industry and governments, whilst complementing the role of the National Heavy Vehicle Regulator.
It is another important step in removing economic incentives for unsafe behaviour.
The Government recognises that owner drivers have chosen to be independent contractors and operate as small businesses.
The bill establishes a system that will assist road transport industry small businesses, while ensuring that owner drivers maintain their status as independent contractors.
This legislation will play an important role in removing the incentives for employee and owner drivers to drive in ways that increase the risk of deaths and injuries on the road
The safety of truck drivers and the community is paramount.
Key elements of the bills
The bill being introduced today will establish a new Road Safety Remuneration Tribunal, whose objects are to promote safety and fairness in the road transport industry.
The bill complements existing federal legislation such as the Fair Work Act 2009 and the Independent Contractors Act 2006; current state-based schemes dealing with owner driver contracts; and the National Heavy Vehicle Regulator laws.
The principal objects of the Road Safety Remuneration Bill recognise the government's intention to provide a framework that promotes a safe industry by:
Ensuring that drivers in the road transport industry do not have pay and pay-related incentives and pressures to work in an unsafe manner. This includes unsafe work practices such as speeding and working excessive hours.
Ensuring that road transport drivers are paid for their work, including loading or unloading their vehicles or waiting for someone else to load or unload their vehicle.
Developing and applying reasonable and enforceable standards throughout the road transport industry supply chain to ensure the safety of road transport drivers.
Ensuring that hirers of drivers and participants in the supply chain take responsibility for implementing and maintaining those standards.
The bill empowers the tribunal to inquire into sectors, issues and practices within the road transport industry and, where appropriate, determine mandatory minimum rates of pay and related conditions for employed and self-employed drivers.
The tribunal will be able to concurrently consider matters, for example safety issues that impact on both employee and owner drivers, such as addressing waiting times.
These determinations, to be known as Road Safety Remuneration Orders, will be in addition to any existing rights employed drivers have under industrial instruments and owner drivers have under their contracts for services.
The tribunal's approach will be evidence-based and research-focused.
With this approach, the tribunal will have regard to issues such as:
The bill also gives the tribunal a role in approving collective agreements made between owner-drivers and a hirer. These agreements will build on a Road Safety Remuneration Order. The tribunal will have an important role checking to see that economic incentives to drive unsafely have not made their way, inadvertently or not, into the agreement.
As those opposite would know, owner drivers can already collectively bargain and enter collective agreements.
New South Wales, Victoria and Western Australia have exemptions under the Competition and Consumer Act, to allow for owner drivers to collectively bargain. Owner drivers in others states and territories are able to apply to the Australian Competition and Consumer Commission for authorisation to collectively bargain and enter into collective agreements.
This Bill will result in a consolidated system of collective bargaining for owner drivers and hirers, which complement the objectives of the Bill and the existing state systems.
The tribunal's dispute resolution functions will commence on 1 January 2013, unless the Tribunal is satisfied that exceptional circumstances exist in relation to the dispute.
The tribunal will be empowered to resolve disputes between drivers, their hirers or employers and participants in the road transport industry supply chain about remuneration and related conditions in so far as they provide incentives to work in an unsafe manner.
The tribunal will deal with a dispute as it considers appropriate, including by:
Fair Work Australia will be assisting the tribunal with dual appointments, ensuring a mixture of Fair Work Australia members and expert members with qualifications relevant to the road transport industry.
The tribunal secretariat will be provided by the General Manager of Fair Work Australia.
The bill also establishes a compliance regime for the enforcement of orders made by the tribunal, safe remuneration approvals and any orders arising out of a dispute.
These compliance functions will be performed by the Fair Work Ombudsman.
In addition, the Fair Work Ombudsman will provide education, assistance and advice to owner drivers, employees and the industry.
Conclusion
The bill is the Government's response to the report of the National Transport Commission that the Minister for Infrastructure and Transport Minister commissioned, but it is also in response to numerous reports over many years, including the Burning the midnight oil report, which was done by the House of Representatives committee. This has been an issue which has been talked about for a long time, but not acted upon until today.
While transport safety outcomes have improved over the years, there are still an unacceptably high number of truck accidents and deaths.
Without further action, the number of accidents will remain unacceptably high, impacting truck drivers, their industry and the wider community.
Lasting reform is necessary.
This reform is necessary and it must be directed at addressing the specific problems of the industry.
This bill does just this.
STATEMENT OF REASONS
ROAD SAFETY REMUNERATION BILL 2012
Purpose of the Bill
The Road Safety Remuneration Bill 2012 establishes the Road Safety Remuneration Tribunal which will: inquire into sectors, issues and practices within the road transport industry and, where appropriate, determine mandatory minimum rates of pay and related conditions for employed and self-employed drivers; approve road transport collective agreements between a hirer and all self-employed drivers; and resolve disputes between drivers, their hirers or employers and participants in the road transport industry supply chain.
The Bill was introduced with the Road Safety Remuneration (Consequential and Related Provisions) Bill 2012.
Reasons for urgency
The Government is committed to doing all it can to reduce deaths and injuries caused by trucks on our roads. Road accidents involving heavy vehicles have an adverse impact on the whole community, including truck drivers, their families, other road users and businesses that are reliant on the transport of goods across Australian roads.
The Bills are a measured and informed response to a significant body of Australian and international research that links pay and pay related conditions to safety outcomes for truck drivers. The Government firmly believes that these Bills will improve safety on Australian roads for all road users.
The Road Safety Remuneration Bill establishes a Road Safety Remuneration Tribunal which is intended to commence operation on 1 July 2012. Passage of the Bill during this Parliamentary sitting is essential to ensure that the tribunal is set up and the necessary appointments are made in time for it to commence its important work.
ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND RELATED PROVISIONS) BILL 2012
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012 makes consequential amendments and provides for other matters in connection with the Road Safety Remuneration Bill 2012
The Bill excludes decisions made by the Tribunal from judicial review under the Administrative Decisions (Judicial Review) Act 1977.
The Bill also provides that the Tribunal's dispute resolution functions will commence on 1 January 2013, unless the Tribunal is satisfied that exceptional circumstances exist in relation to the dispute.
The delay in commencement will give the Tribunal time to establish, consider research, begin developing work programs and build up some industry expertise before commencing to resolve disputes.
This delay will make it easier for the Tribunal to manage the implementation of the Bill and will also give industry stakeholders time to become familiar with the new regulatory framework in relation to dispute resolution.
STATEMENT OF REASONS
ROAD SAFETY REMUNERATION (CONSEQUENTIAL AMENDMENTS AND RELATED PROVISIONS) BILL 2012
Purpose of the Bill
The Road Safety Remuneration (Consequential and Related Provisions) Bill 2012 was introduced with the Road Safety Remuneration Bill 2012. The Bill amends the Administrative Decisions (Judicial Review) Act 1977 to exclude Tribunal decisions from the operation of that Act. The Bill also provides that the Tribunal must not to deal with a dispute under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013, unless it is satisfied that exceptional circumstances exist in relation to the dispute.
Reasons for urgency
The Government is committed to doing all it can to reduce deaths and injuries caused by trucks on our roads. Road accidents involving heavy vehicles have an adverse impact on the whole community, including truck drivers, their families, other road users and businesses that are reliant on the transport of goods across Australian roads.
The Bills are a measured and informed response to a significant body of Australian and international research that links pay and pay related conditions to safety outcomes for truck drivers.
The Government firmly believes that these Bills will improve safety on Australian roads for all road users. It is essential that this Bill be passed by the Parliament as soon as possible so that the Road Safety Remuneration Tribunal can commence its important work on 1 July 2012.
Insurance Contracts Amendment Bill 2012
That this bill may proceed without formalities and be now read a first time.
That this bills be now read a second time.
THE INSURANCE CONTRACTS AMENDMENT BILL 2011
The Insurance Contracts Amendments Bill 2011 introduces amendments to provide for a legislative framework so that regulations can be made to establish a standard definition of flood for home building, home contents, small business and strata title insurance policies and a Key Fact Sheet in relation to home building and home contents insurance policies.
What this Bill shows, once again, is that this Gillard Government is both pro business and pro consumer.
This Bill delivers on the Government's commitment to provide consumers – everyday individuals, modest hardworking families and striving Australian enterprises -- with a better understanding of what is included in their insurance policies and in particular, the extent to which policies provide cover for flood and what cover for flood actually means.
In recent times there has been a distressing increase in the occurrence of major natural disasters.
In 2009, the Black Saturday Bushfires spread across over 450,000 hectares in Victoria.
In 2010-2011, areas of Queensland, New South Wales and Victoria experienced severe flooding with Queensland also suffering the effects of Cyclone Yasi.
A substantial portion of the financial costs of losses resulting from these natural disasters was met by insurance with claims estimated at $3.64 billion for Queensland alone.
These catastrophic events highlight the importance of insurance and making sure that individuals, families, communities and governments have effective insurance cover in place to guard against and recover from disasters.
In April, I released a consultation paper, "Reforming flood insurance: Clearing the waters".
It contained proposals for a standard definition of flood and a Key Fact Sheet -- both of which were designed to ensure insurers communicate more effectively with consumers. Industry and Consumer groups indicated broad support for these measures.
This Bill will implement these proposals with the aim of helping consumers make effective decisions in relation to their insurance needs, through increased clarity and accessibility of key information.
Standard definition of flood
Schedule 1 to the Bill will amend the Insurance Contracts Act 1984 to introduce a legislative framework for standard definition of the term flood for home building, home contents, small business and strata title insurance policies.
This should have been done years ago --- indeed it ought to have been done decades ago. The confusion has lingered on for far too long.
So I am pleased the Gillard Government has demonstrated our willingness and capacity to grasp the nettle and, with the collaboration of industry, clarify for Australian families and businesses what constitutes a flood.
The definition is designed to provide a clear and easily understandable meaning for what is commonly known as riverine flooding, namely the covering of normally dry land with water that has escaped or been released from the normal confines of any lake, river, creek or other natural watercourse or alternatively, any reservoir, canal or dam.
A standard definition of flood will reduce consumer confusion regarding what is and is not included in insurance contracts. It will also avoid situations where neighbouring properties, affected by the same inundation event, receive different claims assessments because the policies covering them use different definitions of flood.
Further, this measure will improve consumers' ability to evaluate potential insurance policies and compare 'like' products between different insurance providers.
Whilst the measure will not mandate the inclusion of flood cover in all insurance policies, it will ensure that whenever the term flood appears in any of the relevant classes of insurance contracts, it will be taken to have this meaning. Insurance contracts must not include the term flood (or any related terms) except in association with the proposed definition. This restriction will also prevent relevant contracts from including compound phrases based on the term flood (for example flash flood or accidental flooding).
The detail of this measure, including the actual wording of the standard definition, will be made in regulations contained in the Insurance Contracts Regulations 1985. Draft regulations containing these measures are expected to be released for public consultation by the end of the year.
Key Facts Sheet
Schedule 2 to the Bill will amend the Insurance Contracts Act 1984 to provide a legislative framework to allow regulations to be made to introduce a requirement for insurers to provide a Key Facts Sheet outlining key information in relation to home building and home contents insurance policies.
The Key Facts Sheet will enable consumers to access key information in relation to home building and home contents insurance policies in a concise and easy to understand format. This will assist consumers in making more appropriate decisions when entering into these types of insurance contracts.
In order to ensure consumers are able to effectively utilise the Key Facts Sheet, insurers will be required to provide this document to consumers as soon as they have requested information on the particular policy.
The introduction of the Key Fact Sheet will make the purchase of home building and home contents policies simpler for consumers, assisting them to compare policies with a consistent document, and facilitate more informed decision making.
The detail of these measures, including the specific content of the Key Fact Sheet, will be made in regulations contained in the Insurance Contracts Regulations 1985. The draft regulations containing these measures will be released for public consultation in the new year. The Key Fact Sheet will be consumer tested before being finalised.
Conclusion
The Gillard Government is committed to improving the insurance market in Australia and we have announced our response to the recommendations put forward by the National Disaster Insurance Review to provide an improved insurance market for all Australians.
I thoroughly believe that in some unexpected, unsought for and undesired way, natural disasters do tend to help us in Australia to rediscover and remind us of our greatest strengths.
In this great continent that we call home, we are witness to the physics and chemistry of Mother Nature working their way across the lucky country in a way that makes you question that famous tag, 'lucky', that's famously attached to Australia.
But if we remain strong and resolute in the way that we pull together perhaps 'lucky' is still the best way to think, despite all that brutal water, wind and fire.
In doing this though we should of course never take our communal good fortune for granted.
This legislation is mindful of our good fortune, even in tough times --- and our communal fellowship, whatever the prevailing winds.
The amendments in this Bill are an important first step in improving Australia's insurance market through better disclosure of insurance cover for consumers -- and clearing up the lingering confusion.
Further details of the amendments are contained in the explanatory memorandum.
STATEMENT OF REASONS
INSURANCE CONTRACTS AMENDMENT BILL 2012
Purpose of the Bill
The Insurance Contracts Amendment Bill introduces amendments to the Insurance Contracts Act 1984 for a legislative framework to allow regulations to establish:
Reasons for Urgency
To ensure the policy intent of the two measures contained in the Bill can be achieved regulations are required to be made. The making of regulations cannot occur until after the Bill has received Royal Assent.
Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) 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.
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (R 18+ COMPUTER GAMES) BILL 2012
I am pleased to present this Bill, which will introduce an R 18+ category for computer games.
This will bring the classification categories for computer games into line with existing categories used to classify films, and make the Australian classification regime more consistent with international standards.
This Bill amends the Classification (Publications, Films and Computer Games) Act 1995 and makes a consequential amendment to Schedule 7 of the Broadcasting Services Act 1992.
This reform has been a long time coming.
Agreement to introduce an R 18+ category has been reached after 10 years of negotiations with the States and Territories.
Over these ten years the Australian computer game industry has grown – along with the number of Australian computer gamers.
Research conducted by Bond University suggests that nine in every ten Australian homes now has a device for playing computer games.
The average age of Australian computer gamers is 32 – with women making up 47 per cent of computer game players.
The Australian gaming industry is forecast to grow at a rate of about ten per cent a year – with forecasts predicting it will reach $2.5 billion annually by 2015.
A lot of Australians are passionate about this reform.
When the Attorney-General’s Department released a discussion paper on the introduction of an R 18+ classification category for computer games in 2009 they received 58,437 submissions in response.
98 per cent of these supported the introduction of an R 18+ category.
The former Minister for Home Affairs and Minister for Justice - Minister O’Connor – pursued this issue throughout his time in the portfolio.
Last year he led the discussion of this issue with State and Territory Attorneys General at the Standing Council on Law and Justice. At their July meeting the Ministers decided to support this reform.
This bill will implement the Commonwealth’s obligations as part of this agreement – and State and Territory jurisdictions will follow with their own legislation later this year.
It is anticipated that the Act provided for in this Bill will come into effect on the first of January next year.
That the Senate take note of the reports.
Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2012
… his union would make small donations to the marginal-seat campaigns of Labor's Mike Symon in Deakin and Darren Cheeseman in Corangamite. In the 2007 election campaign, the ETU spent hundreds of thousands to get those two candidates elected.
Most of the completed proceedings have been successful, many because of information acquired by the ABCC at compulsory interrogations.
The bill now opens the door for perpetrators of illegal workplace behaviour to buy or coerce their way out of prosecution.
The Senate divided. [18:03]
(The President—Senator Hogg)
(1) Clause 2, page 2 (table item 2), omit the item, substitute:
The Senate divided. [18:07]
(The President—Senator Hogg)
Schedule 1, items 94 and 94A, page 48 (line 19) to page 50 (line 10), omit the items, substitute:
94 Sections 73 and 73A
Repeal the sections.
The Senate divided. [18:11]
(The President—Senator Hogg)
The Senate divided. [18:15]
(The President—Senator Hogg)
Higher Education Support Amendment Bill (No. 1) 2012
The Senate divided. [20:20]
(The President—Senator Hogg)
Road Safety Remuneration Bill 2012
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2012
Under the carbon tax, drivers will be forced to do longer hours, sweat their trucks further, have less maintenance, and that means more deaths.
Truck drivers are approaching the union and asking how they can ensure the tax will not just be another hit on running costs that they won’t be compensated for. I reckon that’s a pretty good question.
Under the carbon tax, drivers will be forced to do longer hours, sweat their trucks further, have less maintenance, and that means more deaths.
There are existing laws that apply to wages, conditions, contracting arrangements, road use, vehicle standards, fatigue, speed, mass, dimension, loading, substance abuse, record keeping as well as general workplace health and safety obligations.
Even if a causal connection between remuneration and unsafe practices is presumed to exist it does not follow that establishing higher minimum rates or prohibiting certain methods of payment will result in drivers changing their unsafe practices.
There is a direct collision between the philosophy of this Bill, which raises the spectre of inserting command/control regulation in an area where other laws require the application of ALARP principles—which in one way places greater burdens on operators as ALARP implicitly requires implementation of 'best practice' and continuous improvement.
There are existing laws that apply to wages, conditions, contracting arrangements, road use, vehicle standards, fatigue, speed, mass, dimension, loading, substance abuse, record keeping as well as general workplace health and safety obligations.
The truth is that the Cole Royal Commission into the Building and Construction Industry was … to ensure that the salary and conditions of those hardworking men and women in the building and construction industry would find themselves subject to a different rule of law than any other worker in any other industry.
I have a fundamental belief that whether you live in Palm Beach, Perth, the Torres Strait or Tasmania, there should be one law for all.
About 300 people rallied in support of Mr Tribe under scorching sun in a central Adelaide Park yesterday as he appeared before the Adelaide Magistrates Court.
He was cheered into court by workers chanting: 'One law for all'.
The ABCC has wasted millions of dollars while health and safety in the industry has not improved. There should be one set of laws for all workers regardless of the industry they work in.
The government has only ever intervened to protect vulnerable workers at the risk of exploitation. TCF outworkers and owner-drivers are the two groups that meet this test.
Paying truck drivers for previously unpaid unloading times could address the road toll by removing incentives to drive for excessive hours.
The safety aspects of the bill relate to removing the incentives for drivers to work excessive hours by improving their pay and also providing, in some cases, compensation for delays in unloading cargoes. It is proposed that this will reduce their chances of having an accident.
They either charge you a financial penalty or sometimes they re-book your delivery slot, which nine times out of 10 is the following day.
Parliament now has the opportunity to vote on legislation to make a seismic difference to safety on our roads. They have the power to make our roads safer, to allow truckies a fair go and to stand up to the major retailers who care only about their bottom line.
While I support the determination of investigators to cut down on unsafe road practices in the trucking industry, until such time as we address the core issues in the industry, dangerous behaviour will continue to be encouraged. The fundamental issue is the demands of major retailers such as Coles and their economic power in road transportation. Coles and other major retailers control 32% of the entire freight movement in the country. Their economic power allows them to demand ever more from drivers and transport companies. We have had more than 20 years of commissions, coroners reports and inquiries which have highlighted time and again the link between the transport safety crises and economic factors.
The Senate divided. [22:04]
(The President—Senator Hogg)
The Senate divided. [22:08]
(The President—Senator Hogg)
Crimes Legislation Amendment (Powers and Offences) Bill 2012
That this bill be now read a third time.
When I was elected to this place in 2001, I did not know that seven years down the track I would be standing here taking a feminist point of view and arguing about gender issues. As you are aware, Madam Deputy Speaker, I attended university. At that time more women than men were enrolled in the commerce degree that I commenced than in my arts and law degrees. I thought that was how things were, that people would be judged on their merits and that we were all equal. However, the longer I spend in my professional and working life, the more I realise that this is, sadly, not the case. I fear that Western Australia is further behind the eight ball than are other jurisdictions around the world. It is already on the record that I joined the Australian Labor Party because I believed it had a better approach to equality and equal opportunity than the other major party. Now is the time for the Labor Party and the Labor government to take a leadership role on an issue that is clearly unresolved.
The men themselves gave their lives while training for the defence of their country and have earned the reverent gratitude of this National Parliament and, indeed, of all the people of Australia.
I am trying to discover for the first time as much as I can about my dad—I have one aunt and uncle left—that is the sum total of my family so I do not have much to go on.
… I remember that crash 50 years ago very well being a staff cadet at Duntroon at the time and was called out to do what we could which wasn't much. There was much discussion at the time how the pilot had successfully avoided not just the married quarters but all the accommodation areas at Duntroon and for which we remain eternally grateful.
Australia is an expert in developing mineral commodities using environmentally responsible practices.
Oxfam visited Sabodala in late 2010 and found that local people were not opposed to the mine but were frustrated that they could not get any work there. Chief Cissokho told the aid workers, 'If you come to my house, take my land and then I send my son to you for a job and you say "No he has no qualifications" then you are no use to me.'
We've been mining since independence but we're still poor. Where has all that money gone?
… the growth in Australia's commercial presence in Africa has been extraordinary with 48 companies and 143 projects added in 2010 alone.
(1) Will the Australian Government require Sky News to reveal:
(a) the details of the nature and extent of its discussions with Chinese state network China Central Television (CCTV) in relation to the agreement the two broadcasters signed on 17 August 2011; and
(b) what assurances of coverage, access and freedom of the press in China has CCTV given Sky News.
(2) To what extent will the Government take into account the agreement and discussions between Sky News and CCTV in relation to the Sky News bid for the Australia Network tender.
(3) What commitments have or have not been given by Sky News about its access and expansion into the Chinese market in relation to its bid for the Australia Network
The Australian Government commenced an open tender process for the Australia Network service early last year. The government was subsequently advised that due to significant leaks of confidential information, the tender process had been compromised to such a degree that a fair and equitable outcome may no longer be achievable. As a result, on 7 November 2011, the government decided that it was in the best interests of all parties that the process be terminated.
The government subsequently decided that making the service a permanent feature of the Australian Broadcasting Corporation (ABC) would enable Australia Network, in combination with the resources of Radio Australia, the ABC's international radio service, to best deliver international broadcast services on behalf of the government.
With reference to the following examples of skilled workers in the technical and trades areas in Western Australia who were eligible under the previous points test, yet are ineligible under the points test that became effective on 1 July 2011:
34 year old construction project manager with competent English and 8 years work experience (w/exp)
33 year old mechanical engineer with competent English and 8 years w/exp
29 year old electrician with competent English and 8 years w/exp
41 year old construction project manager with proficient English and 8 years w/exp
40 year old mechanical engineer with proficient English and 8 years w/exp
42 year old electrician with proficient English and 8 years w/exp
(1) What is the policy rationale behind technical and trades workers being eligible on 30 June 2011 and ineligible on 1 July 2011.
(2) Does the department have any plans to review the points test.
(3) What feedback has been received relating to the points test.
(1) Technicians and Trades Workers continue to be eligible for independent skilled migration under the points test implemented on 1 July 2011.
The policy rationale behind the reforms to the skilled migration program was to realign the program to be more responsive to labour market demand for skills in Australia. The skilled migration program is made up of a number of different categories designed to meet Australia's diverse labour market needs. The reforms in recent years have emphasised employer sponsored skilled migration, providing more places in the program for skilled migrants sponsored by an employer into a skilled job. The Continuous Survey of Australia's Migrants shows that employer sponsored permanent migrants have the best rates of skilled employment out of the different migration categories. Employer sponsorship represents a key pathway for technical and trades applicants, either through the employer nominated scheme (ENS) or regional sponsored migration scheme (RSMS) permanent visa streams, or the 457 temporary skilled stream.
The examples provided refer to points-tested skilled migration, which is one category in Australia's skilled migration program. Applicants in this category do not have employer sponsors and so are required to achieve a pass mark in the points test, which awards points on the basis of key skills and attributes that are indicators of the potential for future success in the Australian labour market. The July 2011 points test has been redesigned to ensure those coming through the points tested categories have the highest level of human capital available, so they are best placed to find work in their chosen fields across all occupations.
(2) Skilled migration is constantly monitored and reviewed to ensure it meets Australia's economic needs. This includes but is not limited to the points test. It also extends to the annual review of the skilled occupation list, as well the annual migration program consultations that inform the decision to set a skilled migration program number. One key tool for managing the points tested categories is the points test pass mark, which can be adjusted by the Minister as economic need dictates.
(3) During consultation on the composition of Australia's migration program for 2012-13, some stakeholders expressed concern about the higher standard of English language required of some skilled migrants under the current points test. While the threshold English language requirement remained the same, additional points were made available for superior English language ability. The importance of competent language skills to settlement in Australia and functioning in the workplace, particularly where the migrant does not already have an employer sponsor, underlies why English language proficiency is a key element of the points test.