The PRESIDENT (Senator the Hon. John Hog g) took the chair at 09:30, read prayers and made an acknowledgement of country.
That the Foreign Affairs, Defence and Trade References Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today.
Landholders' Right to Refuse (Gas and Coal) Bill 2013
These are people who are not backed up by a multiple-billion dollar company. They are individuals, they are mums and dads, they are Australian citizens.
Yes we make some money from it, but then came the smell and the odours and people getting sick. Then the neighbour's water turned black. All the things they said wouldn't happen were happening.
No two wells or coal seams behave identically and water production can vary from a few thousand to hundreds of thousands of litres a day, depending on the underground water pressures and geology.
… quality is highly variable from site to site, but it is generally not fit for human consumption.
It's a landscape holocaust, which is really going to be unstoppable under current laws.
The farmers have absolutely no rights, and the gas companies are intent on opening up and mining on all this land.
We haven't got university degrees; we are just farmers. Why should we have to fight like this to defend our livelihoods?
The Senate divided. [11:40]
(The President—Senator Hogg)
SELECTION OF BILLS COMMITTEE
REPORT NO. 2 OF 2014
1. The committee met in private session on Wednesday, 5 March 2014 at 7.15 pm.
2. The committee resolved to recommend—That—
(a) the provisions of the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 May 2014 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Fair Work Amendment Bill 2014 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report, but was unable to reach agreement on a reporting date (see appendices 2, 3 and 4 for statements of reasons for referral);
(c) the provisions of the Land Transport Infrastructure Amendment Bill 2014 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 24 March 2014 (see appendices 5 and 6 for statements of reasons for referral);
(d) contingent upon its introduction in the House of Representatives, the provisions of the Qantas Sale Amendment Bill 2014 bereferred immediately to the Economics Legislation Committee for inquiry and report, but was unable to reach agreement on a reporting date (see appendices 7, 8 and 9 for statements of reasons for referral);
(e) the provisions of the Social Security Legislation Amendment (Green Army Programme) Bill 2014 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 25 March 2014 (see appendix 10 for a statement of reasons for referral);
(f) the Tertiary Education Quality and Standards Agency Amendment Bill 2014 be referred immediately to the Education and Employment Legislation Committee for inquiry and report, but was unable to reach agreement on a reporting date (see appendices 11 and 12 for statements of reasons for referral); and
(g) the Trade and Foreign Investment (Protecting the Public Interest) Bill 2014 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 16 June 2014 (see appendix 13 for a statement of reasons for referral).
3. The committee resolved to recommend—That the following bills not be referred to committees:
Farm Household Support (Consequential Amendments) Bill 2014
Quarantine Charges (Imposition—Customs) Bill 2014
Quarantine Charges (Imposition—Excise) Bill 2014
Quarantine Charges (Imposition—General) Bill 2014
The committee recommends accordingly.
4. The committee deferred consideration of the following bills to its next meeting:
Helen Kroger
Chair
6 March 2014.
APPENDIX 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014
Reasons for referral/principal issues for consideration:
Bill has serious implications for procedural fairness in relation to proceeds of crime matters.
Possible submissions or evidence from:
Law Council of Australia; other legal bodies
Committee to which bill is to be referred:
Legal and Constitutional Affairs
Possible hearing date(s):
April 14/15
Possible reporting date:
May 15
Senator Siewert
(signed)
Whip / Selection of Bills Committee member
APPENDIX 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Fair Work Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Detailed consideration of the Government's legislation that amends the Fair Work Act 2009 consistent with the Government's Policy to Improve the Fair Work Laws .
Possible submissions or evidence from:
Employer associations
Employee associations
State Governments
Department of Employment
Committee to which bill is to be referred:
Senate Education and Employment Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
13 May 2014
Senator Fifield
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Fair Work Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Education and Employment Legislation. Committee
Possible hearing date(s):
Possible reporting date:
5 June, 2014
Senator McEwen
Whip/Selection of Bills Committee Member
APPENDIX 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Fair Work Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Research and consideration of Bill's implications
Consultation with stakeholders
Possible submissions or evidence from:
ACTU, ETU, UFU, NTEU
Committee to which bill is to be referred:
Senate Education and Employment Legislation Committee
Possible hearing date(s):
15 and 20 April or 15 and 20 May
Possible reporting date:
June 5
Senator Siewert
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Land Transport Infrastructure Amendment Bill 2014
Reasons for referral/principal issues for consideration:
The impact of the Bill in terms of Commonwealth spending on infrastructure and the relationship between Commonwealth and State funding of infrastructure. The impact of the Bill in terms of thresholds that are required to be met before infrastructure projects funded by State or Commonwealth governments are not put out to public tender.
Possible submissions or evidence from:
Infrastructure Australia, Public Transport Users Association, Sub-Contractors Association.
Committee to which bill is to be referred:
RRAT
Possible hearing date(s):
28 March
Possible reporting date:
13 May
Senator Siewert
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 6
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Land Transport Infrastructure Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Rural and Regional Affairs and Transport Legislation Committee
Possible reporting date:
March 24, 2014
Senator McEwen
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 7
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Qantas Sale Amendment Bill 2014
Reasons for referral/principal issues for consideration:
To evaluate the impact of proposed amendments on the aviation sector and the wider Australian economy.
Possible submissions or evidence from:
Qantas, unions covering the Qantas workforce eg. ASU, TWU,
Committee to which bill is to be referred:
Rural and Regional Affairs and Transport
Possible hearing date(s):
31st March/1st April
Possible reporting date:
13th May
Senator Siewert
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 8
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Qantas Sale Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Rural and Regional Affairs and Transport Legislation Committee
Possible hearing date(s):
Possible reporting date:
24 March, 2014
Senator McEwen
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 9
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Qantas Sale Amendment Bill 2014
Reasons for referral/principal issues for consideration:
Consideration of the opportunities the Bill will provide for Qantas to increase its competitiveness through the harmonisation of Australia's aviation regulatory framework.
Possible submissions or evidence from:
Qantas
Virgin Australia
Regional Express Airlines
Aviation Associations
Committee to which bill is to be referred:
Senate Economics Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
17 March 2014
Senator Fifield
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 10
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Social Security Legislation Amendment (Green Army Programme) Bill 2014
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
ACTU
ACOSS
Welfare Rights
Job Services Australia
Department of the Environment/Social Services/Employment
Committee to which bill is to be referred:
Community Affairs Legislation Committee
Possible hearing date(s):
Possible reporting date:
25 March 2014
Senator McEwen
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 11
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Tertiary Education Quality and Standards Agency 2014
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Professor Kwong Lee Dow, Professor Valerie Braithwaite, Group of Eight, Innovative Research Universities, Regional Universities Network, Australian Technology Network, Universities Australia, Council for Private Education and Training, Council of International Students, Australian public and private higher education providers.
Committee to which bill is to be referred:
Senate Education and Employment Legislation Committee
Possible hearing date(s):
Dependent on submissions
Possible reporting date:
16 June 2014
Senator McEwen
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 12
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Tertiary Education Quality and Standards Agency Amendment Bill 2014
Reasons for referral/principal issues for consideration:
The impact of the proposed de-regulation across the wider higher education sector, particularly on staff and students is the principal issue for consideration. Another issue to consider is the use of legislation to dismiss the TEQSA commissioners.
Possible submissions or evidence from:
National Tertiary Education Union, Universities Australia, TEQSA, National Union of Students.
Committee to which bill is to be referred:
Education and Employment
Possible hearing date(s):
11 April
Possible reporting date:
18 April
Senator Siewert
(signed)
Whip/Selection of Bills Committee Member
APPENDIX 13
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Trade and Foreign Investment (Protecting the Public Interest) Bill 2014
Reasons for referral/principal issues for consideration:
Investor State Dispute Settlement clauses are extremely complex parts of trade agreements. There is community concern about what the clauses in the recently signed free trade deal with Korea means for environmental and health regulation. The Trans Pacific Partnership Agreement which Australia is negotiating currently also may include 1SDS cases.
Australia is still fighting a high profile 1SDS case against Phillip Morris regarding plain packaging for cigarettes.
Possible submissions or evidence from:
Department of Foreign Affairs and Trade, international trade law practitioners, ACTU, Choice, Business Council of Australia, Australian Chamber of Commerce and Industry, Productivity Commission.
Committee to which bill is to be referred:
Foreign Affairs Defence and Trade
Possible reporting date:
June 16 2014
Senator Siewert
(signed)
Whip/Selection of Bills Committee Member
That the report be adopted.
At the end of the motion, add, "and, in respect of:
(a) the Fair Work Amendment Bill 2014, the provisions of the bill be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 13 May 2014;
(b) the Qantas Sale Amendment Bill 2014, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 24 March 2014; and
(c) the Tertiary Education Quality and Standards Agency Amendment Bill 2014, the bill be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 20 March 2014.".
Paragraph (a), omit "13 May 2014", substitute "5 June 2014".
Paragraph (c), omit "20 March 2014", substitute "16 June 2014".
It is easy to recommend apparently straightforward amendments to legislation which appear agreed by everyone. But this is worryingly simplistic, patching individual pieces of legislation can fix functional irritations, but will not necessarily change the way in which the legislation is being applied and why.
The Senate divided. [12:21]
(The President—Senator Hogg)
That—
(a) the following government business orders of the day be considered from 12.45 pm today:
Governor-General Amendment (Salary) Bill 2014
Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2014
Excise Tariff Amendment (Tobacco) Bill 2014
Customs Tariff Amendment (Tobacco) Bill 2014
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014.
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
Omit paragraph (b), substitute:
(b) business of the Senate notice of motion no. 1, proposing the disallowance of the Civil Aviation Order 48.1 Instrument 2013, and business of the Senate order of the day no. 2 (proposed disallowance of the Clean Energy Auction Revocation Determination 2014) be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today; and
(c) if consideration of the items listed in paragraph (b) concludes before 2 pm, then government business be called on and considered till not later than 2 pm today.
That the order of general business for consideration today be as follows:
(a) general business notice of motion no. 164 standing in the name of Senator Carr, relating to the shipbuilding industry; and
(b) orders of the day relating to government documents.
That leave of absence be granted to Senator Pratt for today, on account of electorate business, and to Senator Wong for today, for personal reasons.
That the Senate—
(a) notes:
(i) the serious concern shared by communities and experts across Australia about the significant risks coal and gas developments pose to our communities, public health, water resources and natural areas, and
(ii) that in the week beginning 2 March 2014, a delegation of 16 community representatives from the Lock the Gate network have travelled to Canberra from across the nation, seeking the support of their elected representatives to protect their communities, their water and their land; and
(b) calls on the Federal Government to urgently act on the concerns of the Lock the Gate network by:
(i) passing national laws to protect food-producing land from coal and gas mining and give landholders the power of veto over mining on their land,
(ii) protecting communities by establishing a national Environmental Protection Authority and a new Clean Air and Water Act, and
(iii) excluding from the Trans Pacific Partnership Agreement any clause or instrument that undermines the power of Australian governments to protect land, water and communities.
The Senate divided. [12:31]
(The President—Senator Hogg)
That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 24 June 2014:
Australia's activities and responsibilities in the Southern Ocean and Antarctic waters, including:
(a) Australia's management and monitoring of the Southern Ocean in relation to illegal, unreported and unregulated fishing;
(b) cooperation with international partners on management and research under international treaties and agreements;
(c) appropriate resourcing in the Southern Ocean and Antarctic territory for research and governance; and
(d) any other related matters.
(1) That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 27 March 2014:
The Committee must consider what initiatives can be taken by Government to ensure Qantas remains a strong national carrier supporting aviation jobs in Australia, including:
(a) a debt guarantee;
(b) an equity stake; and
(c) other forms of support consistent with wider policy settings.
(2) That, in conducting the inquiry, the committee should consider:
(a) any national security, skills, marketing, tourism, emergency assistance or other benefits provided by a majority Australian-owned Qantas;
(b) the level and forms of government support received by other international airlines operating to and from Australia;
(c) the ownership structures of other international airlines operating to and from Australia;
(d) the potential impact on Australian jobs arising from the Government's plan to repeal Part 3 of the Qantas Sale Act 1992 ; and
(e) any related matter.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Customs Tariff Amendment (Tobacco) Bill 2014
Excise Tariff Amendment (Tobacco) Bill 2014
Governor-General Amendment (Salary) Bill 2014
Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2014
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
EXCISE TARIFF AMENDMENT (TOBACCO) BILL
CUSTOMS TARIFF AMENDMENT (TOBACCO) BILL
Purpose of the Bill
These bills amend the Excise Tariff Act 1921 and theCustoms Tariff Act 1995 to validate changes to tobacco excise and excise equivalent customs duty, which were given effect to under tariff proposals. The changes:
Reasons for Urgency
Tariff proposals were introduced in the 2013 Spring sittings to give effect to these changes, the first of which took effect on 1 December 2013. Validating legislation must be passed within 12 months of the tariff proposals to ensure that any additional duty collected under the authority of the tariff proposals was validly collected.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
GOVERNOR- GENERAL AMENDMENT (SALARY) BILL
Purpose of the Bill
This bill sets the salary for the incoming Governor-General.
Reasons for Urgency
The Prime Minister has announced that General Peter Cosgrove AC MC will be sworn as Governor General on 28 March 2014.
The salary of the Governor-General is laid down in the Act and, by operation of section 3 of the Constitution, cannot be varied during the term in office.
In line with convention, the Governor-General's salary has been calculated to exceed moderately the estimated average salary of the Chief Justice of the High Court of Australia over the notional term of the appointment.
To enable the salary to be set in time, the Governor-General Amendment (Salary) Bill must pass both Houses and receive Royal Assent before General Cosgrove assumes office on 28 March 2014.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT (DAIRY PRODUCE) BILL 2014
Purpose of the Bill
Changes to primary industries levies are brought into effect by government in response to a request from a relevant peak industry representative body. The Primary Industries (Excise) Levies Act 1999 provides maximum amounts or 'caps' for each specified levy.
The purpose of the bill is to increase the Australian Animal Health Council (AAHC) levy caps for milk fat and protein to provide a higher ceiling for the levy rates, to allow Australian Dairy Farmers to increase the levies in the future if required. The increase to the caps will not increase the current operative rate of the levies. Should Australian Dairy Farmers consider it necessary to increase the operative rates in future, it will be required to demonstrate widespread industry consultation and majority support—as outlined in the Australian Government's Levy Principles and Guidelines .
Reasons for Urgency
In the case of the AAHC levy for the dairy industry the current operative levy rates for milk fat and protein are set at the maximum levels. These caps were last set in 1999. Without these cap increases, a risk exists that Australian Dairy Farmers, the peak industry representative body for the dairy industry, will not be able to provide increased funding to AAHC by subscription fees for animal health and welfare initiatives. AAHC subscription fees provide funding for core Animal Health Australia programs to benefit the dairy industry. This amendment was first requested by industry in early 2012 and has been delayed. Introduction and passage in autumn 2014 will ensure that legislative arrangements are in place to increase the levy rates if required.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
TAX AND SUPERANNUATION LAWS AMENDMENT (2014 MEASURES NO. 1) BILL
Purpose of the Bill
This bill will:
Reasons for Urgency
The new penalties for the promotion of illegal early release schemes, criminalises conduct undertaken after Royal Assent of the bill. Urgent passage is necessary to prevent future inappropriate conduct which is detrimental to the retirement savings of Australia.
The administrative penalty regime will start on 1 July 2014 and the Commissioner of Taxation needs time to implement systems and provide information to industry.
As the NMETO measure commences from 1 July 2013, this measure needs to be enacted by 30 June 2014 or earlier to provide individuals with certainty about the transitional arrangements and their entitlement to NMETO for the 2013-14 income year.
Keeping the list of specifically listed deductible gift recipients up to date is necessary to provide certainty for affected organisations and their donors.
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 15 May 2014:
The current investigative processes and powers of the Australian Federal Police in relation to non-criminal matters, with particular reference to:
(a) thresholds, including evidentiary thresholds, relating to the obtaining of production orders and search warrants, and in particular whether these reflect the rules applicable to civil litigation discovery rather than coercive search;
(b) procedures preparatory to seeking production orders and search warrants, including taking into account the conduct of the recipient of such orders;
(c) procedures for executing search warrants;
(d) safeguards relating to the curtailment of freedom of speech, particularly in relation to literary proceeds matters;
(e) safeguards for ensuring the protection of confidential information, including journalists' sources, obtained under search warrants, and particularly where that information does not relate to the search warrant;
(f) the powers available to the Australian Federal Police to intercept telecommunications in circumstances where the matter being investigated does not involve criminal conduct;
(g) the priorities of the Serious and Organised Crime Division, and the circumstances under which they should appropriately be deployed in relation to non-criminal matters; and
(h) any related matters.
Social Security Amendment (Caring for People on Newstart) Bill 2014
That the following bill be introduced: A Bill for an Act to amend the Social Security Act 1991 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
SOCIAL SECURITY AMENDMENT (CARING FOR PEOPLE ON NEWSTART) BILL 2014
In a world that is getting harsher, it is government's role to make things easier for all Australians. Punishing job seekers by condemning them to poverty is not contributing to the caring society that the majority of Australians want for themselves or for their children.
The Australian Greens recognise that single people living on Newstart and Youth Allowance are the ones who are the most disadvantaged by Australia's current income support system. The maximum single rate for Newstart was $246.30 in September 2012; $140 less per week than the rate of payment for singles (including the fortnightly pension supplement) on the age and disability pensions. The maximum rate of payment for Youth Allowance (living away from home) was $203.75 in September 2012; $42.55 less per week than the single rate of Newstart.
The Social Security Amendment (Caring for People on Newstart) Bill 2014 will give effect to the Australian Greens commitment to increase the base payment rate by $50 per week for single people living on Newstart and Youth Allowance (living away from home). The Bill will also index other social security allowance payments and pensions to the higher of CPI, MTAWE or the pensioner and beneficiary living cost index. This will ensure that the gap between pensions and allowance payments does not continue to widen.
Raising the single rate of Newstart by $50 per week, will bring relief to almost a million households on the very lowest rates of income support, including single parent families, by increasing the amount of financial support they receive on a fortnightly basis. The Bill will also ensure that the single rate of Newstart is finally increased to two-thirds of the combined couple rate, as recommended by the Henry Tax Review and 2009 Harmer Pension Review.
The focus on singles is based on evidence that these households are the most at risk of poverty. The ACOSS Poverty Report 2012, which drew on 2010 census data, found that single people generally faced a significantly higher risk of poverty than couples (25% to 9%) while 25.3% of single parent families with children are living in poverty compared with 8.4% of couples with children. This reflects in part the economies of scale available to people living with partners.
As well as assisting people out of poverty, the key reasons for increasing the base rate of Newstart and Youth Allowance include:
(a) the extended length of time that many recipients spend on the payment;
(b) the cost of living pressures faced by those in receipt of the single rate of the allowance; and
(c) the growing gap between the pension and allowance payment types due to different methods of indexation.
A recent inquiry by the Senate Education, Employment and Workplace Relations Committee examined cost of living pressures for allowance recipients including housing, food and the costs of searching for work and concluded its section on the adequacy of allowance payments by stating:
"On the weight of evidence, the committee questions whether Newstart Allowance provides recipients with a standard of living that is acceptable in the Australian context for anything but the shortest period of time."
The inquiry was also presented with evidence from Centrelink that 42% of new recipients of Newstart each year do not transition quickly back into the workforce.
Similarly, many Youth Allowance recipients are expected to be in receipt of the payment for an extended period of time while they complete their studies or look for work. Recipients on Youth Allowance have access to better employment income arrangements, which allow Youth Allowance recipients to build up their income bank or gain working credits and earn more per week before their payments are reduced. However, a single person on Youth Allowance is still on a significantly lower payment than any other allowance recipient and highly likely to be in receipt of the payment for an extended period of time.
The call for an increase in the base rate of allowance payments has received widespread support from not only welfare and social service groups but also from business groups, unions, various economists and members of parliament. The Business Council of Australia argued in its submission to the Inquiry into the adequacy of allowances payments that there is a need for an increase in the Newstart Allowance on an 'adequacy and fairness basis' and that 'there is concern that the low rate of Newstart itself now presents a barrier to employment and risks entrenching poverty.
The government has acknowledged on a number of occasions that it is not easy for a person to live on the current rate of Newstart allowance. However, the suite of measures that have been introduced by the current Government so far have been inadequate to address the level of need that those on the lowest rates of payment experience while they study or look for work.
For example, the new Income Support Bonus will offer eligible singles the equivalent of around $4 extra a week as a lump sum twice annually. Those who receive it will still be in receipt of payments that are $130 below the poverty line.
Other supplements have been made available to some allowance recipients, but those supplements reflect the higher costs incurred by the recipients, such as illness, high private rental costs, or the costs of raising children and do not resolve the inadequacy of the base payment.
This Bill will directly assist single people living on Newstart and Youth Allowance for an extended period of time by providing them with a more stable, adequate base income.
The gap between the allowance and pension payments is increasing. Between March and September of 2012, the gap between Newstart and the pension (including pensioner supplement) rose by $7, because of the use of different indexation methods. Newstart Allowance is indexed to movements in the Consumer Price Index (CPI) in March and September each year and Youth Allowance is indexed to the CPI once a year in January. Pensions are indexed twice a year (in March and September) by the greater of the movement in the CPI or the Pensioner and Beneficiary Living Cost Index (PBLCI)—an index designed to better reflect the price changes affecting pensioners—and the rise is also benchmarked to Male Total Average Weekly Earnings.
The effect of differences in indexation is that pensions have, since 1997, been increasing in line with wage rises or the CPI while allowances have increased only in line with the CPI—and over this period, wages have generally increased at a greater rate than prices.
The Henry Taxation Review examined the long term impact of this difference in indexation methods and found that:
"… some difference in the level of payments can be justified on the basis of differing needs and presenting different incentives to different groups … Harder to justify is the fact that rates of pension and allowances are not merely different, but the gap between them is widening … If the current indexation arrangements remain in place, it is likely that by 2040, a single pensioner would be paid more than twice as much as a single unemployed person. A continuous decline in Newstart Allowance against community standards would have major implications for payment adequacy and the coherence—in terms of horizontal equity—of the income support system."
This Bill will address the widening gap, by ensuring that these classes of payment are all indexed by the same methodology and that they are in line with changes to both prices and wages.
A $50 increase to the base rate of eligible payments will ensure a fairer, and more straightforward social security system and immediately reduce the extent to which Australian people are living in poverty. Better indexation will help maintain the value of an increase into the future.
I commend the Bill to the Senate.
Competition and Consumer Amendment (Misuse of Market Power) Bill 2014
That the following bill be introduced: A Bill for an Act to amend the Competition and Consumer Act 2010 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
COMPETITION AND CONSUMER AMENDMENT (MISUSE OF MARKET POWER) BILL 2014
[Mr President]
The need for the measures in this Bill is painfully obvious. The amount of power that Woolworth and Coles have over our food industry is genuinely frightening, with the two chains holding around 80% of the dry grocery market. They are the ones who decide whether to stock local or overseas products for a massive part of the market.
They also have influence over the country of origin labelling laws, and despite massive community support for change, we are yet to see any positive and real advances on this front. A Roy Morgan survey of Australian consumers released in August last year found that more than half of all respondents—55%—said that buying Australian-made had become more important to them in the last 12 months. Of those surveyed, a staggering 78% were happy to pay a little extra to buy local.
With control of four-fifths of the market in some categories, Coles and Woolworths are in an extraordinarily powerful position to be part of the solution, or a key cause of the problem. To put this duopoly into perspective, in the UK four separate chains—not two—hold a similar percentage of the market, and in the US the largest chain can only hold around 20 per cent, with the top four only holding 35 per cent. This is thanks to laws that limit the amount of market share a corporate entity can hold.
The United States divestiture laws focus on monopolies and monopolistic behaviour, and so tend to prevent the kinds of issues this Bill addresses before a corporation has enough market share to be able to abuse its power.
We need similar safeguards here in Australia, and that is what this Bill aims to establish.
In case you need any evidence that some suppliers feel bullied and afraid of these two very powerful players, you only need to look to the actions of the ACCC.
In early 2013, ACCC Chairman Rod Sims encouraged suppliers for Coles and Woolworths to bring forward evidence of unconscionable conduct. However, it wasn't until the ACCC guaranteed a confidential process that suppliers felt safe to provide information.
Mr Sims has also identified the main focus of the ACCC's attention as being shopper docket schemes. In the last week, the consumer watchdog has launched court action against the two supermarket chains over the fuel shopper docket schemes, following the failure of Coles and Woolworths to abide by the limits set by the ACCC.
These most recent developments are further evidence of their striving for market power in Australia and, as Mr Sims says: "if these shopper dockets continue at these levels, it's going to be very hard for other players to compete and we may end up with just two companies in the country selling petrol".
The purpose of this Bill is to give the ACCC and the Courts another option when it comes to tackling misuse of market power. The provisions in this Bill will allow the ACCC, or any other person, to make an application to the Court for a divestiture order. The Court can choose to apply this order when a corporation has breached Section 46 of the Competition and Consumer Act .
The Court also has the option of agreeing to a consent order with a corporation, whether or not a breach of the Act has occurred. A corporation can also offer to enter into an undertaking with the Court, rather than waiting for the Court to issue an order.
Requests for orders can be made within three years of the offence occurring. The Court can order a corporation to reduce its market share or market power within two years.
The provisions in this Bill provide both punitive measures and act as a deterrent. I acknowledge that there are still many concerns about how breaches of section 46 can be proven, and I agree that section of the Act needs to be reviewed. However, it is time that more effective measures were put in place to sanction companies abusing their market power.
The mere existence of such provisions will, I believe, in itself act to change the culture and behaviour of large corporations for the better.
Flags Amendment Bill 2014
That the following bill be introduced: A Bill for an Act to amend the Flags Act 1953 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
NATIONAL FLAG ACT AMENDMENT BILL 2014
The aim of this Bill is to require Australian flags flown, used or supplied by the Commonwealth to be made in Australia from materials manufactured in Australia.
The provisions in this Bill follow information disclosed by the Department of Parliamentary Services during Senate Estimates hearings in February 2014. According to the evidence provided by DPS, the Commonwealth procurement guidelines do not allow tenders to specify a country of origin for goods. As such, the flag flying above Australian Parliament House may not be Australian made.
The reasons behind this Bill, however, are not based solely on patriotism; instead, they are prompted by serious concern for Australia's manufacturing sector.
Senator Madigan and I believe that the Australian Parliament, and more broadly the Commonwealth, should be doing more to support our manufacturing sector. Australian taxpayers deserve to have their money used to benefit the Australian economy. While goods made overseas may be cheaper in the short term, they lack the beneficial long term flow-on effects, such as greater employment, that Australian spending creates.
There are also additional benefits. When the Parliament or Commonwealth tenders to an Australian company, we know that Australian taxpayer money is supporting companies that comply with workplace relations laws, including workplace safety requirements. The recent public outcry that followed the tragic collapse of a clothing factory in Bangladesh last year, which resulted in the deaths of over 1,000 people and injured thousands more, has shown how strongly Australians believe and support workplace rights.
We need to do more to ensure the Parliament and the Commonwealth can support the Australian economy and our manufacturing sector, despite free trade agreements. Most Australians would agree that the flags flying from our Commonwealth buildings are an excellent place to start.
Governor-General Amendment (Salary) Bill 2014
That this bill be now read a third time.
Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2014
That this bill be now read a third time.
Excise Tariff Amendment (Tobacco) Bill 2014
Customs Tariff Amendment (Tobacco) Bill 2014
That these bills be now read a third time.
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014
That this bill be now read a third time.
That the Civil Aviation Order 48.1 Instrument 2013, made under subregulations 5(1), 5.55(1) and 215(3), and regulation 210A of the Civil Aviation Regulations 1988, subregulation 11.068(1) of the Civil Aviation Safety Regulations 1998, section 4 and subsection 33(3) of the Acts Interpretation Act 1901 , and paragraph 28BA(1)(b) and subsection 98(4A) of theCivil Aviation Act 1988 , be disallowed.
Previous CASA oversight did not provide sufficient evidence to confirm the Pel-Air FRMS had ever been managing fatigue risk to a necessary standard.
CASA does not consider that these extensions require continual monitoring.
The duty extensions recorded in January 2011 by Jetstar were a result of flight crew agreeing to operate beyond the standard 12 hour initial limits as provided for within Civil Aviation Order 48 Exemption. No breaches of the 14 hour condition were recorded.
In the end it's only the pilot who can decide whether he is fatigued or he or she is fatigued and unable to conduct a flight.
The FAA agrees with the overwhelming number of commenters who stated that a ten-hour flight-time limit is not justified by current scientific data. A series of studies examining the national accident rate has shown that ten hours spent at work pose a much greater risk of an accident than eight or nine hours spent at work.
The Senate divided. [13:27]
(The Acting Deputy President—Senator Smith)
You would agree to this regulation being overturned and disappearing only if you did not think the emissions trading scheme would stay in place after 1 July this year.
The Senate divided. [14:00]
(The President—Senator Hogg)
The new Rudd Labor government will drive an active strategy to further liberalise the aviation sector, seeking cooperation with like-minded partners.
In a system of unbalanced economic advantage, we must take a pragmatic approach to our liberalisation strategy, acting in the overall national interest.
… acting in the overall national interest. We will aim to reduce restrictions which limit growth while ensuring that the Australian industry can compete with international operators—
We will aim to reduce restrictions which limit growth while ensuring that the Australian industry can compete with international operators on a balanced playing field.
I don't believe it will make any difference to the number of Australians employed by this company.
… the number of folks coming by boat was overwhelming the whole refugee intake.
… practical, moral and political dilemma.
It was banned with the support of members on this side of the House. It was banned; it will stay banned.
That the Senate take note of the answers given by ministers to all questions without notice asked today.
The Government's decision—
to allow a single foreign investor to own 49 percent of Qantas would deliver effective control to a foreign investor, including possibly a competitor airline. Loss of effective Australian control could leave Australia without an airline primarily committed to our interests.
What safeguards will be put in place for the Australian flying public, particularly those in regional areas?
The new Rudd Labor government will drive an active strategy to further liberalise the aviation sector, seeking cooperation with like-minded partners.
Qantas Sale Amendment Bill 2014
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
QANTAS SALE AMENDMENT BILL 2014
This Bill is a key part of the Government's commitment to ensuring a strong Australian-based aviation industry in, and for, this country.
That means providing an environment for aviation businesses in Australia to manage their own affairs on an equal footing.
Good government is not about playing favourites or being a banker for major companies when times are tough.
It's about providing the environment for them to succeed free of unreasonable government impediments.
That is what this Bill about. Helping the Australian aviation industry to grow in an environment that is safe, fair, competitive and productive.
The purpose of the Bill is to remove the regulatory handcuffs that apply to Qantas but to no other Australian-based airline—including in relation to accessing foreign capital.
Last week Qantas announced a loss of $252 million for the first half of the 2013-14 financial year.
The company has taken difficult decisions to return the airline to profitability—most distressingly for all in this place the shedding of 4,000 jobs on top of the 1,000 job losses Qantas announced in December.
The Government recognises that the best possible way it can assist Qantas is by removing the regulatory imbalance in Australia's aviation industry… in effect, to free Qantas from the regulations that hold it back and which are a remnant of the previous Century.
Currently, there are one set of rules for Qantas and another set of rules for other Australian-based airlines.
Part 3 of the Qantas Sale Act, which the government proposes to repeal, requires Qantas to include a range of outdated restrictions in its articles of association.
Under Part 3 of the Act, foreign ownership is limited to 49 per cent, a single investor cannot own more than 25 per cent and foreign airlines are limited to aggregate ownership of 35 per cent.
In contrast, under the Air Navigation Act, foreign persons can own up to 49 per cent of other Australian international airlines, with no restriction on foreign ownership for Australian domestic airlines, subject to consideration by the Foreign Investment Review Board.
In order to provide a "level playing field" and balance the regulatory rules for all Australian airlines, this Bill seeks to repeal Part 3 of the QSA.
This will free Qantas from the restrictions it and, indeed, its competitors in Virgin Australia and Rex, agree belong to a bygone era.
The Bill also makes amendments to definitions in the Air Navigation Act to ensure that Qantas is subject to the provisions regarding foreign ownership, thereby, creating a consistent regulatory framework for all Australian international airlines.
Australia's air services agreements with other countries require an airline seeking to exercise Australia's air traffic rights to be designated by Government.
This means they must satisfy a range of requirements, including:
The Government does not propose to change these criteria.
I, again, note that Qantas' main domestic competitors, Virgin Australia and Regional Express support changes to the Act, expressing their desire to compete with Qantas on a fair and equal footing.
In summary, this legislation means that Qantas will no longer operate at a competitive disadvantage and that Government regulation will no longer stand in the way of Qantas' efforts to return to profitability.
I commend the Bill.
Statement by the Minister Assisting the Prime Minister for Women, Senator the Hon Michaelia Cash
International Women's Day
6 March 2014
International Women's Day is held on March 8 each year. It is an opportunity to celebrate the achievements that have been made by women and for women over many decades.
International Women's Day is set aside every year to also focus our attention on the ongoing obstacles to gender equality—including violence, oppression and economic insecurity.
This year's theme "Equality for women is progress for all" highlights how the empowerment of women is critical to both economic and social development across the world.
I hold the strong view that, as people living in a free and democratic society, we have a fundamental obligation to speak out and protect the human rights of women both here in Australia and overseas.
International Women's Day ensures that we don't just acknowledge and celebrate the rights that we in the West have achieved, it also focuses our attention and energy on improving the condition of women internationally.
Whilst we have much to celebrate in Australia in terms of female empowerment, there is still a way to go and much of that is attitudinal and cultural change.
I believe the major difference between empowerment of women in developed and developing nations is that the former—women like us—have the 'freedom to' stand on the shoulders of the women who have gone before us—to achieve more; women however in developing nations still need 'freedom from'—freedom from poverty and other limiting factors.
Ultimately however our aims are similar. True empowerment can only be achieved when girls and women are valued equally to boys and men.
International Women's Day ensures that we as the Parliament embrace the challenge of empowering women and girls.
We will continue to devote ourselves to improving women's participation in the workforce, and as business leaders.
We will continue the work being done to eliminate violence against women and their children.
We will continue to reaffirm Australia's role as a global citizen to improve the safety, and economic empowerment of women and girls internationally.
Gender equality is a key priority for this Government both domestically and internationally.
I am currently working with State and Territory Ministers on the Second Action Plan under the National Plan to Reduce Violence against Women and their Children. This will be an opportunity to ensure that efforts to preventing violence against women become a whole community issue.
Australia's recent appointment of Ambassador Natasha Stott Despoja reflects our commitment to be at the forefront of efforts to promote the empowerment of women and girls.
I am making sure that there is measurable progress against the responsibilities outlined in our National Action Plan on Women, Peace and Security 2012-2018. This progress will be reported mid-year, and will be presented to you then.
I am leading the Australian Government delegation to the 58th Session of the United Nations Commission on the Status for Women, which begins next week. Australia will be keen to negotiate a post-2015 development agenda which focuses on the economic empowerment of women as a driver of global economic growth and poverty reduction.
Achieving a strong, progressive outcome that prioritises gender equality and women's empowerment is critical. Australia's commitment to this vision is unwavering.
Joint Standing Committee on Foreign Affairs, Defence and Trade
Report into the Care of ADF Personnel Wounded and Injured on Operations
Inquiry of the Defence Sub-Committee
Government Response
December 2013
Recommendation 1
The Committee recommends that the Department of Defence continue to make regular contributions to Fisher House as an ongoing measure of Australia's appreciation for the service provided to our wounded soldiers, until such time that Australian soldiers are no longer deployed to Afghanistan.
Government Response - Supported
On 31 January 2012, the then Minister for Defence approved a multi-year grant to Fisher House. The grant was for a total amount of $225,000, with the first payment of $125,000 being made in 2011-12 and four consecutive payments of $25,000 over the period 2012-13 to 2015-16.
Recommendation 2
The Committee recommends that the Department of Defence and the Australian Taxation Office ensure that Australian Defence Force (ADF) personnel medically evacuated to Australia retain tax free status for the notional length of their operational deployment, or the actual length of the deployment of their unit, per subsection 23AG(1) of the Income Tax Assessment Act 1936.
Government Response - Supported
In response to an individual favourable private ruling from the Australian Taxation Office, the Department of Defence sought similar treatment to negate individuals having to apply. In August 2013 the Australian Taxation Office released a Public Ruling (Taxation Determination 2013/18) that provides a favourable outcome regarding the tax treatment for war wound personnel returning to Australia. With the release of the Public Ruling, which ADF personnel can rely upon, and in lieu of a Private Binding Ruling, the Australian Taxation Office issued Defence a General Guidance letter. Defence is working on a communication strategy to ensure all ADF personnel who have been wounded over the last decade are made aware of this change.
Recommendation 3
The Committee recommends that the Department of Defence ensure that Australian Defence Force personnel medically evacuated to Australia continue to accrue War Service Leave and allowances for the notional length of their operational deployment, or the actual length of the deployment of their unit.
Government Response - Not Supported
War Service Leave is accrued for rendering operational service, including periods of hospitalisation. Subsequent periods of recovery do not accrue War Service Leave. Unpaid allowances for the period are already covered under the Military Rehabilitation and Compensation Act 2004 Act (MRCA).
Recommendation 4
The Committee recommends that the Department of Defence and the Australian Taxation Office assist Australian Defence Force personnel previously medically evacuated, and to whom Recommendations 2 and 3 would have applied, to make successful retrospective claims for reimbursement.
Government Response - Supported in Principle
With a positive Public Ruling issued by the Australian Taxation Office (as per Recommendation 2), the Department of Defence will apply Taxation Determination 2013/18 from the 2013-2014 financial year and will advise ADF personnel of their ability to seek reimbursement of their tax from the Australian Taxation Office for prior financial years if eligible.
Recommendation 5
The Committee recommends that the Department of Defence annually publish detailed written assessments of garrison health care contractor key performance indicator statistics. The Committee further recommends that the written assessments include the results of an ongoing survey of Australian Defence Force (ADF) personnel regarding their experiences with the performance of garrison health care contractors.
Government Response - Supported
The Department of Defence will publish, in the Joint Health Command Annual Report, written assessments of the key performance indicators of Garrison Health Operations contractors, which will include an annual survey of ADF members' experience with garrison health contractors.
Recommendation 6
The Committee recommends that the Department of Defence address the shortcomings in Reservist post-deployment support mechanisms identified in this Inquiry as a priority.
Government Response - Supported
The 2012 Skowronski Review examined the level and appropriateness of post-operational support for Australian Defence Force (ADF) Reserve members. The Review was accepted by the Defence People Steering Group in late 2012, and a team has been formed to progress the recommendations.
From 1 July 2013, the Chief of the Defence Force is the rehabilitation authority for all Reservists. Part-time Reservists now have access to occupational rehabilitation services where it is clear that the wound, injury or illness is Service related.
Recommendation 7
The Committee recommends that the Department of Veterans' Affairs accept complementary therapies as legitimate treatment for psychological injuries if there is an evidence-based clinical reason to do so.
Government Response - Supported in Principle
The Department of Veterans ' Affairs (DVA) funds evidence-based services for clients under its tax-payer funded arrangements. For instance, for posttraumatic stress disorder, DVA funds treatment which is in accordance with the Australian Guidelines for the Treatment of Adults with Acute Stress Disorder and Posttraumatic Stress Disorder endorsed by the National Health and Medical Research Council. In addition, if robust clinical evidence for a complementary therapy were to become available, then DVA would consider including this therapy in its treatment arrangements.
DVA undertook a comprehensive review of complementary therapies in 2010, and the evidence did not support extending coverage to services provided by complementary therapy providers under the Gold and White Card arrangements. The Government considers that, at the current time, there is not sufficient evidence available to support broader access to complementary therapies through DVA funded treatment arrangements.
DVA funds the Australian Centre for Posttraumatic Mental Health to provide advice on emerging evidence on new treatment modalities for mental health, and is consulting with the Centre on the emerging evidence for potential adjunct therapies (such as art or music therapy) that could complement evidence-based treatment in the future.
Recommendation 8
The Committee recommends that the Department of Defence publish periodic detailed written assessments on:
Government Response - Supported
A review of implementation of the recommendations of both the 2009 Review of Mental Health Care in the Australian Defence Force and Transition through Discharge is due to commence late 2013 - with the report due mid-2014 and publication of the review expected in late 2014. The Department of Defence's response to the findings of the 2010 ADF Mental Health Prevalence and Wellbeing Study have been published in the 2011 ADF Mental Health and Wellbeing Strategy and the ADF Mental Health and Wellbeing Plan 2012-15. An assessment of the implementation of the Strategy and Plan will be published in the Joint Health Command (JHC) Annual Report.
The ADF Mental Health Reform Program has now been incorporated into the ADF Mental Health and Wellbeing Plan 2012-2015 and an assessment of the implementation of the Plan and related reform activities will be published in the JHC Annual Report.
Current programs and activity are part of the ADF Mental Health and Wellbeing Plan 2012-2015 and progress of implementation will be published in the JHC Annual Report.
Recommendation 9
The Committee recommends that the departments of Defence and Veterans' Affairs undertake a study into psychological support of partners and families of Australian Defence Force (ADF) members and ex-ADF members. The Committee further recommends that the study be conducted with the objective of developing recommendations to overcome partners' and families' mental health issues that may be highlighted by the study.
The Committee further recommends that the Government implement, as a priority, the recommendations of The Health and Wellbeing of Female Vietnam and Contemporary Veterans report.
Government Response –Supported in Principle
The departments of Defence and Veterans' Affairs are working collaboratively on a strategic framework to facilitate and prioritise research programs, with families as one of the initial four research domains for the Department of Veterans' Affairs (DVA). However the recommendation of a specific study into the psychological support of partners and families of ADF members and ex-ADF members is not supported. The departments of Defence and Veterans' Affairs have numerous programs and services in support of partners and families of ADF and ex-ADF members that have been developed from existing available research and evidence base in recognition of their psychological and social needs. Department of Defence as part of the Simpson Assist Program will initiate research in late 2013 into the role and needs of families in the rehabilitation of wounded, ill or injured ADF members.
The departments of Defence and Veterans ' Affairs are working together to further the recommendations of The Health and Wellbeing of Female Vietnam and Contemporary Veterans report, including through the establishment of the ADF Service Women Steering Committee in May 2013. The Committee will report to the Repatriation and Military Rehabilitation and Compensation Commissions in late 2013 to provide information to guide both DVA and the Department of Defence in future policy and program design for female servicewomen and ex-servicewomen.
Recommendation 10
The Committee recommends that the effectiveness of psychological first aid be made a research priority by the Department of Defence, in consultation with the Department of Veterans' Affairs.
Government Response - Supported
Department of Defence currently offers psychological first aid training in the form of programs such as Keep Your Mates Safe (KYMS), Battle Self Management and Resilience Training (BattleSMART) and Critical Incident Mental Health Support. Joint Health Command will ensure these programs continue to be based on the best available research evidence. A program of evaluation will be developed to assess the effectiveness of these programs for ADF personnel. The evaluation program will be in place by mid 2014 and final reports of the evaluation expected by late 2015.
Recommendation 11
The Committee recommends that the departments of Defence and Veterans' Affairs expedite the development of a unique service/veteran health identification number.
Government Response - Supported in Principle
The departments of Defence and Veterans' Affairs recognise that the use of a common identification number has the potential to improve the transition of Australian Defence Force personnel by reducing complexity, aiding proof of identification processes, and expediting data exchange. The Department of Veterans' Affairs, in consultation with Defence, is undertaking a scoping exercise to identify possible solutions and to inform a cost / benefit analysis.
Recommendation 12
The Committee recommends that the Government conduct a cost-benefit study of a comprehensive uncontested veteran healthcare liability model and publish the results.
Government Response - Not Supported
In the current fiscal environment, the Government is not in a position to consider the conduct of a cost / benefit study of a comprehensive uncontested veteran health care liability model.
Existing Department of Veterans' Affairs (DVA) arrangements provide access to "non-liability" health cover for conditions including malignant neoplasia, pulmonary tuberculosis, posttraumatic stress disorder, and anxiety and depression for those with operational service. Initiatives included in the 2013-14 Budget will expand mental health non-liability arrangements to include treatment for alcohol and substance misuse disorders, and provide coverage to former personnel with three years peacetime service since 1994. This extends the current eligibility already available to those with service between 1972 and 1994.
Any proposal to further extend "non-liability" access to DVA health care arrangements to a broader group of former service personnel would involve significant additional financial costs to the Commonwealth and is not a priority at this time.
Also under DVA arrangements comprehensive health care is available for treatment of conditions which have been accepted by the Department as service related.
Ensuring that discharging serving members transition smoothly from the Defence forces to the broader community is a priority for the Government. This includes ensuring a smooth transition from Defence to broader community health care arrangements. DVA has a range of initiatives to engage with the health provider community to support the recognition of military experience and to recognise potential impacts on health and health care needs of their service. This includes the introduction from 1 July 2014 of a new Post Discharge GP Health assessment for former serving members.
Recommendation 13
The Committee recommends that the departments of Defence and Veterans' Affairs coordinate to clarify the Australian Defence Force/Veteran service delivery models to reduce the complexity, overlaps and gaps in service identified in this report.
The Committee further recommends that it be provided with a progress report within six months, and a final implementation report within 12 months.
Government Response - Supported in Principle
The departments of Defence and Veterans' Affairs are working closely to coordinate service delivery, to reduce the complexity of the support systems and to remove overlaps and gaps. The departments have an agreed framework of key roles and responsibilities across the 'Support Continuum', the coordinated and integrated system of support for wounded, injured or ill Australian Defence Force personnel that extends across both Departments. Oversight of this work is provided through the Department of Defence / DVA Links Steering Committee which is also responsible for managing joint performance in these areas.
The Defence / DVA Links Steering Committee will monitor the progress of actions and the Committee will be provided with a progress report within six months and a final implementation plan within 12 months.
Recommendation 14
The Committee recommends that a wounded or injured soldier who wishes to remain in the Department of Defence environment and applies for a position within the Australian Public Service, for which they have the required skills and competencies, be selected preferentially.
The Committee further recommends that the Government encourage private sector providers to take a similar approach to the preferential employment of wounded and injured soldiers.
Government Response - Supported in Principle
Decisions relating to engagement in the Australian Public Service must be based on merit. These may be modified under Section 72 of the Public Service Act or circumstances in Part 2.2 of the Australian Public Service Commissioner's Directions 2013. Department of Defence is engaged in placing a small number of seriously injured personnel and will approach the Australian Public Service Commissioner to accommodate the Committee's recommendation.
The Department of Defence is already working with several major employers, particularly through the Defence Reserves Support Council and regimental Foundations.
Recommendation 15
The Committee recommends that the departments of Defence and Veterans' Affairs expedite the rectification of information technology connectivity issues.
The Committee further recommends that it be provided with a progress report within six months and a final implementation report within 12 months.
Government Response - Supported in Principle
The departments of Defence and Veterans' Affairs have already recognised the importance of effective information management and access to records in the Memorandum of Understanding between Department of Defence and the Department of Veterans' Affairs for the Cooperative Delivery of Care and Support to Eligible Persons, signed in February 2013. A number of improvements in the way information is shared have already been implemented and planning is underway to identify and progress additional initiatives aimed at further improving connectivity and reducing the time taken to make determinations. This will include the introduction of major new information managements systems such as the Joint eHealth Data and Information System (JeDHI), and the updating of existing systems.
The Defence / DVA Links Steering Committee will monitor the progress of actions and the Committee will be provided with a progress report within six months and a further report within 12 months.
Recommendation 16
The Committee recommends that:
Government Response - Noted
The impact of military experience on the health and potential health care needs of current and former serving personnel and their families is an important issue. It is important too, that a treating clinician is able to take account of the possible impacts of military service. The Government notes the Committee ' s recommendation to include a military/ex-military check box as a standard feature on all medical forms, as a way of improving the recognition of the potential impacts of military experience by providers within the health care system. Implementation of this proposed approach would have implications for multiple Commonwealth Departments and agencies, State health departments, private health care providers and consumers, involving a range of practical, logistical and potential privacy issues.
The proposal to include information on all medical forms may not represent the most effective and efficient means of improving health provider awareness of the impacts of military experience on health and health needs. The Department of Veterans ' Affairs (DVA) already has a range of activities to raise awareness of health care providers, and regards this as a priority area. These activities include regular consultation and communication with health professionals and their representative organisations, online and face to face training provision, and a comprehensive mental health website - At Ease Professional . DVA's new strategic research program has identified longitudinal studies, including health studies as a priority area for future research.
Recommendation 17
The Committee recommends that the departments of Defence and Veterans' Affairs sponsor a program of research examining the development of post-deployment syndromes in the current veteran cohort, be it relating to mild traumatic brain injury or some other cause.
Government Response - Supported
The departments of Defence and Veterans' Affairs are working collaboratively on developing a strategic framework to facilitate and prioritise research programs. The Department of Defence has already conducted research on pre and post-deployment mental health issues and also collects data from post-operational psychological screening allowing for ongoing surveillance and research on the mental health of the deployed Australian Defence Force population. Additionally, the Department of Defence and Department of Veterans' Affairs (DVA) are jointly reviewing the Middle East Area of Operations (MEAO) Health Studies which examines pre and post deployment health status and will be examining opportunities to use the data collected from this study for further research in this area. DVA has previously commissioned studies relating to Timor Leste and Gulf War deployments, and has commenced work considering the needs of Reservists to inform the development of specialised access and/or service arrangements. The departments of Defence and Veterans' Affairs will continue to collaborate on future research to be considered within the strategic research program.
Recommendation 18
The Committee recommends that the Department of Defence review the adequacy and rigour of pre- and post-deployment health checks.
Government Response - Noted
Mental Health Checks - The Department of Defence has recently reviewed and updated its policy and procedures on operational mental health screening, introducing a risk-indicated approach to this process. This approach varies the type of mental health support necessary according to the length and nature of the deployment. This enables mental health screening to target populations at elevated risk of mental health problems, reducing the potential for over screening of Department of Defence members and ensuring the most efficient use of Department of Defence ' s mental health workforce.
Health Checks - There are rigorous systems in place to confirm pre-deployment health checks, including review by the senior medical officer at Headquarters Joint Operations Command for personnel with a restricted Medical Employment Classification, and those with restrictions that might limit their employability in an Area of Operations. The current post-deployment health check form was introduced in February 2011. The pre-deployment health screen form was revised and issued in March 2013. Policies and procedures are regularly reviewed and revised where required.
Recommendation 19
The Committee recommends that the Department of Defence provide all troops returning from operations, including non-warlike operations, targeted psychological first aid and post-deployment psycho-education which should include:
Government Response - Noted
This recommendation is already occurring as business -as-usual in Joint Health Command. Training in psychological first-aid and psycho-education is delivered to all military personnel independently of their deployment status. Mandatory suicide awareness training and alcohol and other drugs training are annual requirements for all personnel. Other courses are provided during recruitment and command training, and on an as-required basis. ADF Mental Health Day, first held in October 2012, is aimed at raising awareness of mental health issues and is now an annual event. Post-deployment mental health support already includes a psycho-education brief on issues such as common responses to trauma, the signs and symptoms of mental health concerns, where and how to access support and tips to assist with post-deployment reintegration.
Development of an ADF Mental Health Portal is underway to improve access to mental health and rehabilitation information for current and ex-serving personnel and their families. The Portal will provide access to a wide range of mental health resources including self-help options, support services, and training.
Recommendation 20
The Committee recommends that the departments of Defence and Veterans' Affairs conduct an assessment of suicide rates in the military/ex-military community as a priority.
Government Response - Noted
Suicide in the current and former serving community is a tragic and complex issue and the Government takes this issue very seriously. Assessment of suicide rates in the military is already occurring as business-as-usual in Joint Health Command as part of the ADF Suicide Prevention Program. Department of Defence currently tracks the prevalence of suspected deaths by suicide amongst the full time currently serving Department of Defence members. Assessments of suicide prevalence, including demographics of gender, service, location, age, and yearly comparisons are routinely conducted and reported.
The 2009 Independent Study into Suicide in the Ex-Service Community , conducted by Professor Dunt, found that the research remains "...largely inconclusive as to whether or not veterans are at greater risk of suicide than the general population, and if they are at increased risk what risk factors are specific to this population". It is extremely difficult to accurately assess suicide rates in the ex-serving community because the Department of Veterans' Affairs (DVA) may only be formally notified of a death by suicide when a claim for compensation in relation to the death is made to DVA. As such, rather than an assessment of suicide rates, DVA's future focus will be on preventing suicide, building resilience, and providing information on how and where to seek help for those at risk of suicide or affected by it.
Recommendation 21
The Committee recommends that the departments of Defence and Veterans' Affairs establish strategic research priorities to address suicide attributable to defence service.
Government Response - Supported
The Government continues to invest considerable effort into research about suicide in the current and former serving community. The 2009 Independent Study into Suicide in the Ex-Service Community was a watershed document and added considerably to our understanding. The Department of Veterans' Affairs also funds a number of studies relating to mental health under its Applied Research Program, and will continue to collaborate closely with Department of Defence on further research to be considered under this program.
Recommendation 22
The Committee recommends that the Department of Defence establish formal, Defence-wide pre- and post-deployment training for service families and a periodic contact program for the families of deployed members.
Government Response - Supported
Formal Department of Defence-wide pre and post deployment programs for service families (FamilySMART programs) were implemented in 2011. Enhanced access to these programs is being established with the introduction of on line FamilySMART programs, the first of which was implemented in June 2013. A periodic contact program for the families of deployed members has been in operation for many years. This is provided by both deploying units and also by the Defence Community Organisation, the latter on request, delivered through the 24/7 Defence Family Helpline.
Recommendation 23
The Committee recommends that the Department of Veterans' Affairs:
Statement of Principles
Government Response - Not Supported
It is not evident from the report what the Committee intended by the phrase " being less prescriptive and allowing greater flexibility " . While the Department of Veterans ' Affairs (DVA) seeks to be flexible in its service delivery to clients, introducing flexibility to the Statements of Principles regime would undermine its purpose and reduce its value in underpinning evidence based decisions. The issue of increased flexibility in the application of Statements of Principles was considered by the Review of Military Compensation Arrangements which reported in February 2011. The Review Committee examined whether there should be some scope for decision makers to exercise discretion in individual circumstances where there is substantial compliance with a Statements of Principles. However, the Committee recommended that there should be no change to the current Statements of Principles regime as this would undermine a system based on sound medical-scientific evidence. The former Government accepted this recommendation and stated: "The Government is satisfied that the strengths of the Statements of Principles regime lie in the consistency of outcomes and reliance on sound medical scientific evidence".
The Statements of Principles regime is a well established and core element of the Repatriation system. They are internationally recognised as providing a quality decision making tool. There is strong support for the Repatriation Medical Authority and the Statements of Principles regime from ex-Service organisations and the ex-Service community. A view is sometimes expressed that Statements of Principles do not address effectively Australian Defence Force occupational hazards, for example those relating to multiple chemical exposure such as in the F-111 fuel tank maintenance personnel and Australian Defence Force fire fighters cases. The Repatriation Medical Authority accesses advice from a range of advisers, including an Australian Defence Force medical practitioner from Joint Health Command, prior to finalising Statements of Principles to ensure that all Australian Defence Force occupational hazards have been considered. In some classes of claims, the exact nature and extent of occupational exposures suffered by Australian Defence Force members is not clear. This is often an evidentiary issue rather than one that can be addressed by the Statements of Principles regime. The call for greater flexibility in these circumstances is not able to be met through the Statements of Principles Regime.
Publishing Client Service and Claims Measures
Government Response - Supported
DVA is currently updating client service information published in the DVA Annual Report with a view to greater use of performance indicators for DVA client service. DVA will ensure mean processing times for all its claim types with performance standards will be reported in its Annual report. This will include compensation processing activities under the Veterans ' Entitlements Act 1986 (VEA),Safety Rehabilitation and Compensation Act 1988 (SRCA) and MRCA. Claims success rates are already published in the DVA Annual report by condition and Act.
Recommendation 24
The Committee recommends that the Department of Veterans' Affairs conduct a study, and publish the results, reflecting the issues raised in evidence during the Inquiry, concerning:
Government Response - Supported in Principle
As mentioned in the response to Recommendation 14, decisions relating to engagement in the Australian Public Service must be based on merit, although a number of options are being pursued to facilitate employment of ex-Australian Defence Force members in the Australian Public Service and specifically the Department of Veterans' Affairs (DVA). DVA will review its national guidance on recruitment to ensure that outcomes appropriately consider the experience of serving members, within merit principles.
DVA already employs a number of ex-serving members and they have access to a range of support mechanisms as staff members (in addition to any support they are entitled to as a result of their service). This includes the Employee Assistance Program, or for staff undertaking specialist case management roles, a tailored professional support program that provides guidance from qualified professionals in undertaking sensitive or complex case management work.
DVA is also considering a range of other support mechanisms that may assist ex-Australian Defence Force members with transition to the Australian Public Service / DVA employment.
DVA has a range of training programs for DVA staff including programs that support an understanding of the military culture and mental health issues, and that provide skills to work with a diverse client group, make quality decisions and manage caseloads.
Recommendation 25
The Committee recommends that the Government commission an independent assessment of the need for, and establish if warranted, an appropriate national/state-based veterans' organisation coordination body.
Government Response - Not Supported
The evidence presented in the report and support from contributing organisations for the Committee ' s recommendation was limited. There currently exists a number of consultative forums that inform both the Government and the Department of Veterans' Affairs (DVA).
National consultative forums include a peak ex-Service organisation (ESO) Round Table and supporting forums that focus on policy issues, program matters and the operation of the Department. Each State and Territory also has its own consultative forum, chaired by DVA State-based Deputy Commissioners. These forums also provide a vehicle through which major ESOs can discuss how they interact and coordinate with each other and with other agencies. There have been no calls from these forums for the Government to intervene in the operation or coordination of ESOs, many of which operate voluntarily. Such intervention may be seen as impinging on ESOs' independence.
A national/state-based veterans ' organisation coordination body is a possible duplication of existing consultation arrangements. DVA's consultation framework is currently under review to ensure that it remains relevant to the needs of government and the ex-Service and defence communities.
DVA and Department of Defence also recognise that there are a range of emerging organisations representing contemporary veterans and are working to appropriately engage these organisations, with consideration of their charters and funding arrangements.
Senate Standing Committee on Foreign Affairs, Defence and Trade
Inquiry into Australia ' s foreign, trade and defence policy in the Indian Ocean region
Government Response to Report Recommendations
Recommendation 1
The committee recommends that:
Agreed-in-principle
Australia began a two-year term as Chair of the Indian Ocean Rim Association (IORA)—formerly the Indian Ocean Rim Association for Regional Cooperation (IOR-ARC)—at the Council of Ministers' Meeting (COMM) in Perth on 1 November 2013. The Foreign Minister, Ms Julie Bishop, chaired this meeting.
Australian Ministers have attended IOR-ARC COMMs on other occasions in the past. The then Foreign Minister, Mr Kevin Rudd, attended the COMM in Bengaluru, India, in November 2011. The then Deputy Prime Minister, Mr Tim Fischer, attended the first ever COMM in Mauritius in March 1997 and the then Minister for Forestry and Conservation, Mr Wilson Tuckey, attended the COMM in Muscat, Oman, in January 2000. As with other international meetings, Australian ministerial attendance is decided by the government of the day.
As IORA Chair, Australia will continue to seek to revitalise the organisation. This will include efforts to enhance the IORA Secretariat's capabilities and working practices—including building analytical capacity of local staff members and the ability to provide streamlined administrative services to members. As Chair, Australia will promote IORA's work and profile wherever possible.
Australian Prime Ministers discuss issues of bilateral and regional importance with Heads of Government (HOG) of Indian Ocean rim countries as opportunities arise. To establish a separate HOG forum in IORA would require strong consensus and significant commitment among IORA members. No HOGs attended the 2013 COMM in Perth.
Australia is committed to working with IORA dialogue partner countries and observer organisations to ensure IORA's objectives are met. This includes consideration, with other IORA members, of how best to enhance this engagement, and specifically of how better to involve dialogue partners at IORA meetings during Australia's period as Chair.
Recommendation 2
The committee recommends that the Australian Government as chair of IOR-ARC:
Agreed-in-principle
As IORA Chair, Australia will consider how best to enhance business engagement in the organisation. The existing IORA Business Forum (IORBF) is intended to allow cooperation among business chamber representatives, and to facilitate their input to IORA. Australia is keen to strengthen business-to-business engagement in IORA and the IORBF's capacity to contribute to IORA policy and project processes. Depending on the views of IORA members and business chambers, we will consider whether an IORA Eminent Persons Group process could add to these existing efforts.
India and Mauritius co-hosted the first IORA 'Economic and Business Conference' (EBC) in Mauritius in July 2013. This provided a means by which IORA trade and commerce ministers could engage one another and business representatives. Australia was represented at Parliamentary Secretary level. IORA members agreed at the COMM in Perth to follow-up on the outcomes of the EBC.
Australia works with all IORA member countries to address issues equally through IORA's consensus-based approach. A number of smaller Indian Ocean countries, including island states, are focused on similar development issues including fisheries management, maritime safety, food security and climate change—all of which are covered in IORA's current and planned work program.
Australia, as Chair, will aim to enhance academic engagement in IORA, including by encouraging interested academics to develop nodes of excellence—that is, areas and networks of expertise in IORA priority work areas. The existing IORA Academic Group (IORAG) is intended to allow cooperation among academic, non-government organisations and think-tank representatives, and to facilitate their input to IORA.
Recommendation 3
The committee recommends that, respecting IOR-ARC's charter and the views of other member countries, the Australia Government work with member states to look at broadening the membership to include other key Indian Ocean countries, such as Pakistan and Saudi Arabia.
Agreed-in-principle
Not all countries of the Indian Ocean region—including Maldives, Myanmar, Pakistan, Saudi Arabia and Timor-Leste—are members of IORA. Australia would welcome an expanded membership but recognises that this depends on the readiness of prospective new members to commit to IORA's charter and ideals, and consensus on expansion among IORA's existing members. Other countries are able to participate in IORA as dialogue partners.
IORA's membership has grown in recent years: Seychelles re-joined as a member in 2011; Comoros joined as a member in 2012; and the United States became a dialogue partner in 2012.
Recommendation 4
The committee recommends that the Australian Government:
Agreed-in-principle
Australia recognises that the conservation and sustainable use of the Indian Ocean is important for economic development in Indian Ocean rim countries, particularly for those countries—including smaller developing countries—that have a large dependence on healthy and well-managed marine resources. As Chair, Australia initiated the 'Perth Principles' Declaration on the Peaceful, Productive and Sustainable Use of the Indian Ocean and its Resources—the first Declaration ever issued by IORA Ministers.
Australian Government agencies are undertaking a range of projects that support Indian Ocean rim countries in promoting sustainable fisheries and healthy marine life in the Indian Ocean.
The Department of Agriculture has been working with the IORA Fisheries Support Unit (FSU), which is hosted by Oman, to strengthen regional cooperation on fisheries. Australia, including through the IORA troika (with India and Indonesia), will consider how member states could work further, using the FSU, to address regional needs and gaps in fisheries management, sustainable fishing and marine conservation.
The Department of Agriculture also leads Australia's engagement in the Indian Ocean Tuna Commission (IOTC) which includes work with Indian Ocean rim developing countries, including smaller developing countries, to strengthen regional cooperation on fisheries issues of mutual interest. In the IOTC, Australia has led efforts to establish a meeting of Indian Ocean coastal states to coordinate policies that matter most to the group.
Australia is committed to protection of marine species, including whales and other marine mammals, in the Indian Ocean region. We work closely with India as a likeminded pro-conservation member of the International Whaling Commission. Australia also works with members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), including India and South Africa, to conserve Antarctic marine living resources in the southern parts of the Indian Ocean. This includes efforts to combat illegal, unreported and unregulated fishing. Australia is seeking the development of a representative system of Antarctic marine protected areas through CCAMLR.
Australia also supported a workshop in August 2012 under the Convention on Biological Diversity (CBD) to identify 'Ecologically and Biologically Significant Areas' (EBSAs) throughout the southern Indian Ocean. Once EBSAs for a region have been identified, summary reports on these areas are submitted for information to the United Nations General Assembly, relevant UN bodies, CBD member Parties and relevant international organisations.
Recommendation 5
The committee recommends that the Australian Government consider establishing an Institute for Indian Ocean Research in a Western Australian University.
Agreed
The University of Western Australia (UWA) was awarded $34 million from the Australian Government in 2010 for the Indian Ocean Marine Research Centre (IOMRC) project (total project cost is $63 million). CSIRO will provide $10 million and the Australian Institute of Marine Science will provide $3 million. UWA and the Western Australian Government will provide the remaining $16 million. The IOMRC will be established through the refit of an existing marine research facility at Watermans Bay in north Perth and the construction of a new building at UWA's Crawley campus. The project is expected to be complete by 2015.
The IOMRC will have the largest capability in marine research in the Indian Ocean rim. It will play a key role in facilitating research, including inputs from disciplines not specifically targeting the marine environment, to address challenges, risks and opportunities in the sustainable and safe use of marine resources and conservation of Indian Ocean biodiversity. The IOMRC will bring together over 240 researchersto conduct research across a range of subjects, extending from oceanography to marine ecology, fisheries, geochemistry, law and marine technologies and engineering, among others.
It will be important, once IOMRC is established, to explore how the centre can contribute to a regional effort to consolidate, strengthen and expand on collaborative research taking place. Through IORA, we will consider possible linkages and synergies between IOMRC and other research and science institutes in the Indian Ocean region—including in India, South Africa and elsewhere.
Recommendation 6
The committee recommends that DFAT work with other agencies to make an audit of research projects which already have country to country links.
Further, the committee recommends that DFAT engage with Australian universities and the research community to find ways in which to link Australian institutions to Indian Ocean rim institutions.
Noted
The Department of Foreign Affairs and Trade (DFAT) will keep under consideration the possibility of undertaking with other agencies an audit of research projects with country-to-country and regional links.
In 2010, DFAT supported the establishment of an informal Australian Indian Ocean rim Academic Network. This includes representatives of leading Australian universities and research institutions interested in Indian Ocean research, cooperation and dialogue. Through the IORAG and this network, Australian academics and researchers have the opportunity to develop substantive academic and research links with countries in the Indian Ocean rim. DFAT will encourage and support this effort further during Australia's period as IORA Chair.
Recommendation 7
The committee recommends that the AFP consider greater community engagement in the North West region to increase the understanding of its role and reassure the community that the security of the region is a priority.
Agreed-in-principle
Australian Federal Police (AFP) representatives will undertake visits to key industry and local government entities in Australia's North West to discuss the AFP's role in the region.
Recommendation 8
The committee recommends that Defence make it an urgent priority to focus on the defence of the North West. The committee encourages Defence to increase its cooperation with industry in order to find creative solutions to the challenges which currently prevent larger exercises and affect reserve recruitment.
Agreed
Defence is already working to enhance its profile in the North West. In April 2013, Defence held a strategic-level wargaming exercise (Exercise Python) in Perth, with Western Australian industry representatives. More exercises are intended. Joint Logistics Command will assess and, where necessary, improve the ADF's logistic infrastructure in the North West to support operations.
Defence will continue to be an active member of the biannual Oil and Gas Security Forum meetings at which the North West is a significant focus. Defence also conducts liaison with shipping and maritime trade industry representatives, which includes the Minerals Council of Australia and the Australian Petroleum Production and Exploration Association, at the biannual Australian Maritime Defence Council. Defence is seeking to expand the Council's industrial membership.
Recommendation 9
The committee recommends that Defence examine the possibility of making the 2014 planned Defence exercise in the North West a larger, more visible exercise in the region—as a means of providing reassurance to industry and actively engaging the community. In particular, the committee encourages the Royal Australian Navy to examine ways in which it can increase visibility in the area and raise community and business awareness of its activities in the North West of Australia.
Agreed
Defence liaison, exercise and engagement activities are planned and conducted routinely in the North and North West. These activities vary in scale and scope, but reflect an active Defence presence in the region. Planning is underway to develop a joint activity in the 2014 training year to build on current single service activities. This exercise will incorporate platforms and force elements from all three services and the US Marine Rotational Force-Darwin.
Recommendation 10
The committee recommends that in its work on the government response to the OITS Report, the Department of Infrastructure and Transport consider including strategies for community engagement. The committee strongly believes that local government and relevant state agencies have a role to play in educating community and industry about the role of various security agencies and can help to provide reassurance to the community that security of the North West is a priority for government.
Agreed-in-principle
The Australian Government response to the Inspector of Transport Security's Offshore Oil and Gas Resources Sector Security Inquiry Report was tabled in Parliament on 14 May 2013. The Inspector's Report noted that Australia has been consistently considered a low risk location with high security and supply reliability. Nonetheless, the Report highlighted some areas for improvement and presented 10 recommendations and 10 options to further strengthen the security of the offshore oil and gas sector. Of these, the Australian Government has agreed, agreed in-principle, or noted all but one of the recommendations. The Australian Government did not agree with the Inspector of Transport Security's recommendation to conduct a review of current industry recruitment and vetting processes as it considers that these processes are a matter for employers.
There are a number of agencies across government involved in the implementation of the response to the Report. The Department of Infrastructure is coordinating implementation arrangements, in close consultation with other relevant agencies and the Oil and Gas Security Forum. In undertaking this role, the Department of Infrastructure will encourage agencies to include community engagement in their implementation processes where appropriate.
Recommendation 11
The committee recommends that DFAT work with other departments to prioritise progress on effective and consistent port state control measures in the Indian Ocean rim as part of Australia's plan for its upcoming chair of IOR-ARC.
Agreed
Indian Ocean regional cooperation on port state control measures is a key element of Indian Ocean maritime safety—which is one of the six priority work areas agreed to by IORA members at the Council of Ministers' Meeting in November 2011. Australia will prioritise progress on effective and consistent port state control measures in the Indian Ocean rim during its period as IORA Chair, including through capacity-building, information-sharing and other work with IORA members. At Australia's instigation, the Perth COMM communique acknowledged the need for stronger port state control measures in IORA members in order to enhance shipping safety across the Indian Ocean.
Australia has made $250,000 available through the aid program to build capacity for port state control in the Indian Ocean region through a three-year project from 2013. This involves provision of assistance in capacity development and training to countries party to the Indian Ocean Memorandum of Understanding (IOMoU) on port state control. This support was announced through IORA for those IORA members who were also IOMoU members.
The Australian Maritime Safety Authority (AMSA) has direct involvement in port state control measures in the Indian Ocean region through the IOMoU and, less directly, through the Tokyo MOU on Port State Control. AMSA has chaired the IOMoU Port State Control Committee and provides technical assistance on port state control issues.
Australia supports and encourages all countries in the Indian Ocean rim and beyond to implement fully their commitments under Chapter XI-2 of the Safety of Life At Sea Convention and the annexedInternational Ship and Port Facility Security Code , including in relation to security measures adopted by ships transiting the Indian Ocean. Again at Australia's instigation, the Perth COMM communique noted the importance of IORA members fully implementing their obligations in these areas.
The Department of Infrastructure works with transport security administrations throughout the region to enhance understanding of their obligations under international conventions.
Recommendation 12
The committee recommends that ministers attending the Council of Ministers' Meeting in Perth or their representative be invited to visit the Pilbara as part of a delegation to see the work being done at Dampier Port and Port Hedland to improve the ports' productivity.
Noted
Ministers and others attending the IORA COMM in Perth were unable to visit the Pilbara region at that time due to other travel commitments.
Recommendation 13
The committee recommends that DFAT work with other federal government departments, as well as state and territory governments, on strengthening government consultation with groups such as AAMIG, the Australian Coal Association, and the Australia-Africa Business Council. The committee notes that while Africa Down Under has been successful in generating discussion, more concrete measures are needed to ensure that the input of groups working with industry and African countries is captured in policy making.
Agreed-in-principle
DFAT interaction with industry bodies, commercial enterprises, and other government departments is a regular and essential part of its business, in Australia and at Australia's missions overseas. Australia's diplomatic missions, including in sub-Saharan Africa, provide strong support on the ground for Australian industry groups and commercial enterprises, and receive valuable information from these groups and enterprises that is fed back into the policy formulation and implementation process.
DFAT's engagement with the Australia-Africa Mining Industry Group (AAMIG) is substantial. Apart from strong informal links between senior DFAT officials and AAMIG representatives, DFAT holds annual meetings with AAMIG in the margins of both the Africa Down Under (ADU) conference in Perth, and Mining Indaba, an annual mining event held in Cape Town, South Africa. These meetings allow for a frank exchange of views and a chance to discuss the Australian Government's priorities and programs in Africa, and those of the mining and resource industry.
In Australia, the ADU conference is a key annual event connecting industry and government. It continues to grow in size and scope. Resource ministers and senior leaders from across Africa, as well as Australian ministers, attend. All of Australia's Heads of Mission in Africa endeavour to return to Australia for the ADU conference so they can engage in that forum with business and political leaders from across Africa.
DFAT works closely with the Australia Africa Business Council (AABC) assisting with seminars and industry update meetings, and through networking events and dinners. All of these exchanges provide an opportunity for government and industry to work together to further common goals.
In July 2013, the Australian Strategic Policy Institute held the inaugural Australia-Africa Leadership Dialogue in Perth. The event attracted a range of business, non-government, political and resource industry attendees, including the AABC. DFAT in Canberra, and Australian missions in Africa, helped secure high-level attendance at this event, which is expected to become a regular fixture on the Australia-Africa policy-making calendar.
DFAT is working to establish a whole-of-government mechanism to coordinate Africa-related policy across agencies—including with Austrade and the Department of Industry. Austrade also consults with DFAT and Australian Government agencies, State Governments and business groups in setting the priorities and focus of its trade, investment and education promotion activities in Africa.
Recommendation 14
The committee recommends that DFAT establish a formal and regular consultation panel in relation to IOR-ARC for Australian businesses and industry, with a broad representation from all sectors. This consultation panel should focus initially on:
In due time, the focus of the panel can be extended to broader discussion of issues in the Indian Ocean rim.
Noted
As IORA Chair, Australia will work to take forward Australian business and trade facilitation focused-initiatives, including through the IORBF. DFAT continues to liaise with the Australian Chamber of Commerce and Industry (ACCI) on IORA initiatives. ACCI will help lead the direction of the IORBF's work during Australia's term as Chair. DFAT, with ACCI and Austrade, will keep under consideration the possibility of organising additional IORA-focused business consultative mechanisms in Australia for Australian businesses and industry.
Recommendation 15
The committee notes the role played by the foundations, institutes and councils in promoting business-to-business and people-to-people links with countries in the Indian Ocean rim.
The committee recommends that DFAT coordinate a roundtable of Indian Ocean rim country foundations, institutes and councils. The roundtable should focus on:
Noted
There are various foundations, institutes and councils (FCIs)—the Australia-India Council, Australia-Indonesia Institute, Australia-Malaysia Institute, Australia-Thailand Institute and Council for Australian-Arab Relations—that promote links with those particular Indian Ocean countries and sub-regions. These FCIs are mandated to focus only on their particular bilateral or regional relationship, and direct resources to initiatives within these confines. They do not have a pan-Indian Ocean remit.
Recommendation 16
The committee notes that currently there is no foundation, institute or council which covers the countries of Africa. The committee recommends that DFAT work with existing business and community groups to establish an appropriate organisation to enhance awareness and understanding between the peoples and institutions of Australia and the African countries.
Noted
DFAT works closely with business and community groups to help broaden Australia's interaction with Africa. This includes pursuit of commercial interests, including investment; engagement between Australian state and federal governments with African counterparts; educational exchanges; sporting and cultural links; development assistance (including through community groups and NGOs); and people-to-people contact, including tourism. A broad range of corporations, groups, committees, foundations and councils exist to facilitate these interactions.
DFAT will continue to consider—within resource constraints—how this broad variety of groups might best be brought together. This will include keeping under consideration the idea of establishing an organisation along the lines suggested by the Senate Committee.
Recommendation 17
The committee sees significant benefit in improved coordination between the state and federal governments on the promotion of Australian business and trade in the Indian Ocean rim.
The committee recommends that the Australian government create a Council of Australian Governments (COAG) Select Council to facilitate consultation and cooperation on trade and investment initiatives for the Indian Ocean rim. The Indian Ocean Rim COAG Select Council would continue for the duration of Australia's role as chair of IOR-ARC, with the potential to be made a Standing Council.
The committee believes that the Select Council would ensure that coordination of efforts promoting Australian business in this growing region is a priority for both state and federal government.
Noted
The Australian Government will work to ensure appropriate state and territory input on trade and investment initiatives developed and undertaken during Australia's term as IORA Chair.
That the Senate adopt the recommendations contained in the report.
That the Senate take note of the report.
These documents may reveal the location, capacity, patrol and tactical routines relevant to Navy and Customs vessels and air assets.
Such information can undermine our tactical advantage over people smugglers who seek to use this information to avoid or trigger detection or to precipitate a search and rescue response. Information of this type can also undermine our ability to protect illegal maritime arrivals from the practices of people smugglers and other serious criminal activities. Finally, it can undermine more generally the effectiveness of Australian assets to maintain maritime security awareness in the broad sense.
Secondly, the kinds of documents that are sought, from my perspective, may enable an exploitation of confidential methodologies and procedures used by Navy and Customs vessels and assets. Information about the arrival of ventures, including the timing of the arrival and the composition of passengers, can be used by people smugglers—and has been used by people smugglers—to provide proof of arrival and the basis of payment, provide a basis for further positive marketing of their business and undermine communication strategies aimed at potential illegal immigrants.
Finally, these documents may impact upon Australia's relations with foreign states and damage those relationships, undermining the potential for international agreements and cooperative behaviours and also the working relationships necessary between operational agencies in relation to safety of life at sea or generally on-water cooperative operations.
There are parliamentary mechanisms, however, such as the receipt of evidence in camera or the provision of confidential briefings, which balance the right of the body of elected representatives to know against the public interest in that particular information remaining confidential.
It is certainly a fact that there is a degree of noncompliance with orders for production of documents.
The government's unwillingness to engage in a meaningful way with this inquiry only serves to heighten the committee's suspicion and concerns about the information sought.
… insist that the Minister representing the Minister for Immigration and Border Protection (Senator Cash) be required to explain the process by which—
… considered the documents and reached a decision to claim public interest immunity over them.
… the committee reiterates in the strongest terms the Senate's right to information and emphasises that a claim of public interest immunity made by a minister remains just that: merely a claim. It is for the Senate to consider and accept or reject each claim having regard to the basis upon which it is made.
That senators be discharged from and appointed to committees as follows:
Community Affairs References Committee—
Discharged—Senator Urquhart
Appointed—Senator Thorp
Economics Legislation Committee—
Appointed—
Substitute members: Senators Sterle and Gallacher to replace Senators Bishop and Pratt for the committee's inquiry into the Qantas Sale Amendment Bill 2014
Participating members: Senators Bishop and Pratt
Foreign Affairs, Defence and Trade Legislation Committee—
Discharged—Senator Faulkner
Appointed—Senator McEwen
Foreign Affairs, Defence and Trade References Committee—
Appointed—
Substitute member: Senator Conroy to replace Senator Stephens from 17 to 21 March 2014
Participating member: Senator Stephens
National Broadband Network—Select Committee—
Appointed—
Substitute members:
Senator O'Neill to replace Senator Thorp on Wednesday, 12 March
Senator Rhiannon to replace Senator Ludlam on Wednesday, 12 March
Participating members: Senators Ludlam and Thorp
Rural and Regional Affairs and Transport References Committee—
Appointed—
Substitute members:
Senator Edwards to replace Senator Heffernan for the committee's inquiry into Qantas on Friday, 14 March 2014
Senator Rhiannon to replace Senator Whish-Wilson for the committee's inquiry into Qantas
Participating member: Senators Heffernan and Whish-Wilson
Senators ' Interests—Standing Committee—
Discharged—Senator Thorp
Appointed—Senator Brown.
That the Senate—
(a) recognises:
(i) the vital contribution of the Australian shipbuilding industry as an employer, a storehouse of advanced manufacturing capabilities and a strategic asset, and
(ii) the urgent need for the Government to bring forward project work to ensure continuity of industry development, growth and employment;
(b) is gravely concerned by:
(i) the scheduled end of project work in three Australian shipyards in 2015,
(ii) the severe consequences of the resulting project trough, including:
(A) the retrenchment of more than 3 000 skilled workers,
(B) the crippling of the shipbuilding supply chain, and
(C) the forced closure of research projects and facilities supporting shipbuilding and advanced manufacturing,
(iii) the heavy costs of rebuilding lost capabilities and retraining workers to meet future defence needs, and
(iv) the threat to national security posed by the erosion of local capability; and
(c) calls on the Government to immediately:
(i) identify suitable project work to be fast-tracked and make a public commitment to those projects with a revised timeframe for tendering and delivery,
(ii) recognise that this cannot wait for the Defence White Paper process to be concluded, and
(iii) incorporate the long term opportunities for the Australian shipbuilding industry as a strategic priority in all future naval procurement plans.
… incorporate the long term opportunities for the Australian shipbuilding industry as a strategic priority in all future naval procurement plans.
The Ministers for Defence and Finance announced on 17 December 2013 that the Government would establish an independent review to address 'unresolved issues' associated with the AWD Program, with terms of reference to be finalised in early 2014.
It varies for projects, but it averages at about 10 per cent and we are advised that that is a reasonable contingency amount for the type of projects we are doing.
1. The Australian Government should build more Air Warfare Destroyers to immediately help preserve national shipbuilding skills and capacity …
2. The Australian Government should bring forward the project to replace the Armidale Class Patrol Boats to help develop Australia's capability to design and build patrol boats.
3. The Australian Government should bring forward the project to replace HMAS Success and HMAS Sirius, and build the ships in Australia.
4. The Australian Government should require all shipbuilding contracts to specify a level of block fabrication outsourcing appropriate to the type and number of ships required.
5. The Australian Government should build Australia's new multipurpose icebreaker in Australia.
6. The Australian Government should continue to support apprenticeship and other shipbuilding training programs, including requiring these schemes in all Australian Government shipbuilding projects.
7. The Australian Government should expand the role of the current Defence Expert Industry Panel to encompass Government's non-Defence shipbuilding projects and include members from associated Departments.
8. The Minister for Industry should convene an annual meeting of Ministers responsible for shipbuilding programs to review and provide direction to coordinated, long-term Government shipbuilding plans.
9. The Australian Government should direct that the future frigate project be established as a rolling build program for the Navy's future surface combatant fleet …
… like many other parts of the High Country, has degenerated into a scrubby and pest infested state …
We are prepared to be judged, not by what we say, but what we do …
… the customary use of biological resources in accordance with traditional cultural practices.
He hails from Snowy River, up by Kosciusko's side,
Where the hills are twice as steep and twice as rough,
Where a horse's hoofs strike firelight from the flint stones every stride,
The man that holds his own is good enough.
And the Snowy River riders on the mountains make their home,
Where the river runs those giant hills between;
I have seen full many horsemen since I first commenced to roam,
But nowhere yet such horsemen have I seen.
Recent data have been better in Tasmania, but then again it would have been hard for them to be worse.
Retail was rotten, housing construction was horrid, and business investment went backwards.