The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 10:00, read prayers and made an acknowledgement of country.
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015
… while implementing Recommendation 17.1 of the Review for a single appeal path, the proposed amendments ignore Recommendation 17.2 for internal reconsideration by the MRCC to be the first step in this review process. Instead, the proposed amendments will remove internal reconsideration by the MRCC from the appeals process altogether …
While ex-service organisations are supportive of the move to a single pathway, many have previously stated their support for an internal reconsideration component to be included as part of this appeals process.
Dear Senator Ronaldson,
I am writing in regards to the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 that is scheduled for the Senate Program on 7 September 2015.
This legislation, in particular Schedule 2, strips veterans of appeal rights and gives DVA more power to frustrate and deny claims without independent review of their decisions. This results in a single and inferior pathway for appeals (through the VRB only) and replaces the current arrangement, which provides an injured veteran with dual pathways. The current pathway, which this legislation will abolish, may not be ideal, but it is better than the VRB process. This Bill removes any ability for veterans to seek independent help during the veterans' compensation review process.
… … …
Listed below are responses we have received in relation to this proposed legislation pointing out numerous areas of concern.
Slater and Gordon Lawyers
legal aid is means tested, and no lawyers with skills and relevant experience will be able to afford to do the work at rates paid by legal aid.
KCI Lawyers
win lose or draw.
Please be advised I will not be supporting this Bill and will ensure the public, cross-benchers, Greens and Labor are made aware of the above points so that this Legislation can be seen in its true light – unfair.
Yours sincerely,
Jacqui Lambie.
We can never restore those who have died in the service of their country. But we can and we should offer solace and support to the families left behind.
Labor supports this bill because it represents a modest improvement to entitlements of and services to veterans.
… … …
I commend this bill to the House.
I commend this bill to the House.
It makes sense to have a single appeal pathway via the Veterans Review Board.
That is not a reason not to do something constructive now.
The changes to be made to the review process under this bill will streamline the process into a single pathway, and that is a good thing. This part of the amendment has the full support of the ex-service organisations.
The willingness of future generations to serve in our military will be directly dependent upon how we have treated those who have served in the past.
At the end of the motion, add:
(a) that Schedule 2 of the bill be referred to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 25 September 2015; and
(b) further consideration of the bill be an order of the day for the first sitting day after the Committee presents its report on Schedule 2.
Schedule 2 of the bill will streamline the appeals process into a single pathway for reconsideration or review of an original determination under chapter 8 of the Military Rehabilitation and Compensation Act. This amendment has the support of ex-service organisations and I commend the government for putting it in. What it will do is change the appeal process to a single path, which will avoid the complexities that claimants currently face relating to different time limits for the submission of appeals, different times taken to determine the review, the choice they make impacting on the entitlements to legal aid and the awarding of costs for appeals that progress to the Administrative Appeals Tribunal.
Schedule 2 of the bill concerns itself with the appeals process available for reviews of 'original determinations'. The current review arrangements create two separate pathways. As Hugh Polson says:
The current review processes are not only confusing for veterans, but younger veterans often find themselves falling into the trap of a 'No Win-No Fee' predator.
… The changes to be made to the review process under this bill will streamline the process into a single pathway, and that is a good thing. This part of the amendment has the full support of the ex-service organisations.
… Labor will support this bill because it does represent a modest improvement to entitlements of, and services to, veterans. I commend this bill to the House.
…he believed the amendment would actually speed up the appeals process.
He said the review process began under Labor back in 2007 and to date no one had made any strong arguments against the changes.
"It makes sense to have a single appeal pathway via the Veterans Review Board"…
He said there could be further reviews of the system down the track to look at the length of time appeals were taking.
"That is not a reason not to do something constructive now."
Tax and Superannuation Laws Amendment (2015 Measures No. 2) Bill 2015
It's almost as if the CFMEU, in a sector that is benefiting from Chinese investment … wants to hold the rest of the nation in terms of lower paid jobs … for their short term political gain.
… for their short term political gain.
That this bill be now read a third time.
That government business order of the day no. 3, Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015, be postponed till a later hour.
Social Services Legislation Amendment (No. 2) Bill 2015
He still has a bad taste in his mouth from Labor's ban on live exports in 2011 and does not share Opposition Leader Bill Shorten's concerns about the FTA jeopardising Australian jobs.
'The free trade agreement is one of the best bits of news we've had in the last few years,' he said. 'Beef prices have improved generally, but to be able to export—'
… if we're going to bring in plumbers who might come and work on your house or electricians who might go into your roof, what we want to make sure of is that their skills, and training and safety knowledge are up to Australian standards.
… it is important that their skills and accreditation … that their skills and safety standards are up to Australian standards.
That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by the Leader of the Opposition in the Senate (Senator Wong) today relating to the economy.
All these "wars", of course, have a political purpose – to silence dissent, sideline unwanted advice and distract from critical scrutiny – the same motivations for systematically removing Labor appointments from boards and advisory groups and defunding or sidelining groups that advocate for the poor, the sick, the disabled, the disadvantaged, refugees or the environment.
That the Senate take note of the answer given by the Assistant Minister for Education and Training (Senator Birmingham) to a question without notice asked by Senator Waters today relating to climate change policy.
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:
Aged Care Amendment (Independent Complaints Arrangements) Bill 2015
Banking Laws Amendment (Unclaimed Money) Bill 2015
Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Bill 2015.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2015 SPRING SITTINGS
AGED CARE AMENDMENT (INDEPENDENT COMPLAINTS ARRANGEMENTS) BILL
Purpose of the Bill
This bill will introduce a 2015 Budget measure in the Social Services portfolio, which will transfer responsibility for aged care complaints from the Secretary of the Department to the Aged Care Commissioner.
Reasons for Urgency
The measure is intended to commence on 1 January 2016.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2015 SPRING SITTINGS
BANKING LAWS AMENDMENT (UNCLAIMED MONEYS) BILL
Purpose of the Bill
This bill will improve the unclaimed moneys provisions in a number of ways by:
extending the required period of inactivity before accounts are transferred to the Government to seven years;
exempting children's accounts and foreign currency accounts;
removing a legislative inconsistency that can result in active accounts being transferred to ASIC; and
introducing additional privacy protections (such as ceasing publication of the unclaimed moneys gazette) to help prevent Australian's with unclaimed accounts from being taken advantage of.
Reasons for Urgency
These changes are due to commence on 31 December 2015. It is important to give industry certainty about the announced changes as soon as possible and provide them with sufficient time to adjust systems and processes prior to commencement.
In addition, there are large regulatory savings for industry and individuals associated with this bill; however a delay in the introduction of legislation could increase implementation costs as changes to systems and processes would have to be completed faster than initially expected. This could potentially erode the regulatory savings associated with this measure substantially.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2015 spring SITTINGS
BROADCASTING LEGISLATION AMENDMENT (PRIMARY TELEVISION BROADCASTING SERVICE) BILL
Purpose of the Bill
The bill will implement a reform arising from the review of the digital television regulatory framework, providing flexibility for free-to-air broadcasters to deliver programming on their primary television services in either high definition (HD) or standard definition (SD) formats.
Reasons for Urgency
The measures in the bill would remove provisions preventing commercial free-to-air television broadcasters and national broadcasters from offering coverage of major sporting events such as the AFL and NRL grand finals in HD on their primary services. While removing these events from the anti-siphoning list would enable them to be broadcast on a HD multichannel, broadcasters prefer to show these events on their primary service because this service typically attracts significantly larger audiences than their multichannels.
Passage of the bill in the 2015 Spring sittings would allow but not require commercial free‑to‑air broadcasters to televise the 2015 AFL and NRL grand finals on 3 and 4 October, respectively, on their primary services in HD.
That general business order of the day No. 66, Social Security (Administration) Amendment (Consumer Lease Exclusion Bill) 2015, be considered on Thursday 10 September 2015, under consideration of private senators' bills.
That leave of absence be granted for Senator Abetz, for today, for personal reasons.
That leave of absence be granted for Senator Wright, from 7 to 10 September 2015, for personal reasons.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 30 April 2016:
The environmental, social and economic impacts of large capacity fishing vessels commonly known as 'supertrawlers' operating in Australia's marine jurisdiction, with particular reference to:
(a) the effect of large fishing vessels on the marine ecosystem, including:
(i) impacts on fish stocks and the marine food chain, and
(ii) bycatch and interactions with protected marine species;
(b) current research and scientific knowledge;
(c) social and economic impacts, including effects on other commercial fishing activities and recreational fishing;
(d) the effectiveness of the current regulatory framework and compliance arrangements; and
(e) any other related matters.
The Senate divided. [15:45]
(The Deputy President—Senator Marshall)
That consideration of the business before the Senate on Wednesday, 9 September 2015, be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator McKim to make his first speech without any question before the chair.
That the Senate—
(a) notes that legislation amending the Western Australian Constitution to recognise Aboriginal people as the first peoples of Western Australia recently passed in the Lower House of the Western Australian State Parliament; and
(b) calls on the Federal Government to keep up the momentum in moving towards substantive Constitutional Recognition for Aboriginal and Torres Strait peoples in Australia's Federal Constitution.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Abbott government's failure to commit to the intake of an additional 20,000 refugees from Syria, despite escalating conflict and all-time high levels of human displacement.
That the Senate take note of the document.
In 2013–14, on an average day, 920 young people aged 10–14 were under youth justice supervision (rate of 7 per 10,000 population). This was less than the 1,031 young people … in 2009-10.
This drop was mainly due to a fall in the number of young males under supervision … There was, however, a small overall increase in the number of young females under supervision …
The vast majority (82%) of young people aged 10–14 who were under supervision on an average day were supervised in the community.
Indigenous young people aged 10–14 were 23 times as likely to be under supervision and 36 times as likely to be in detention as young non-Indigenous people.
In 2013–14, there were 8,027 young people aged 15–24 under youth justice supervision (excluding Western Australia and Northern Territory), with 6,364 or 79% of these aged 15-17.
Despite making up only 4% of those aged 15-24 in the population, Indigenous young people made up 31% of those aged 15–24 under youth justice supervision.
That senators be discharged from and appointed to the Legal and Constitutional Affairs References Committee as follows:
Discharged—Senator Moore as a substitute member for Senator Collins for all committee inquiries
Appointed—
Substitute members:
Senator Gallagher to replace Senator Collins for the committee's inquiry into Commonwealth payments relating to asylum seeker boat turn backs
Senator Moore to replace Senator Collins for the committee's inquiry into a popular vote on the matter of marriage
Participating member: Senator Collins.
Asian Infrastructure Investment Bank Bill 2015
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Mr Speaker, today I am introducing legislation to enable Australia's membership of the Asian Infrastructure Investment Bank.
Asia faces a major infrastructure financing gap, which is estimated at US$8 trillion over the current decade. US$8 trillion of economic infrastructure that is vital for growth in the region.
In a significant step to address this challenge, Australia is moving towards becoming a founding member of the Asian Infrastructure Investment Bank, which will help fund major infrastructure projects throughout Asia.
This is a global multilateral initiative that will strive to bring best practice for the delivery of much-needed infrastructure to the region. It will catalyse private sector investment and will co-finance projects with other development banks and private sector financiers.
Australia's prosperity and economic growth is tied closely to the region. It is therefore important that Australia is involved in major regional economic initiatives like the Bank.
On the 29th of June this year, I gave effect to the Government's commitment to join the AIIB by being the first to sign the Bank's Articles of Agreement in Beijing, followed by 49 other countries.
The decision to join the Bank was made following extensive discussions with key partners inside and outside the region. This included participating in negotiations on the Bank's design with 56 other prospective founding member countries.
These negotiations resulted in a commitment that the Bank will be based on best practice. This will ensure that all members will be involved in the direction and decision making of the Bank.
As the fifth-largest regional shareholder of the Bank, Australia will be able to influence the Bank's decisions and strategic direction.
Membership of the Bank will provide an opportunity to further strengthen Australia's engagement with the region. It will also enrich our relationships with other member countries, such as New Zealand, Singapore and Vietnam.
Australia will continue to work with China and other members to establish an institution that is effective, accountable and transparent and complements the work of other institutions.
Australia will lead a constituency on the AIIB Board of Directors. Negotiations on the composition of this constituency with established partners in the region are well advanced.
The AIIB will have a strong commercial focus, and it will work together with World Bank and Asian Development Bank and learn from their long experience in promoting infrastructure in the Asian region.
Mr Speaker, this Bill will implement Australia's obligations under the Bank's Articles of Agreement.
First, it will provide an appropriation for the payment of Australia's capital contribution to the Bank.
The Bank will initially have US$100 billion of total authorised capital and is expected to start operating by the end of the year.
Australia's initial shareholding will total around US$3.7 billion, including US$738 million in paid-in capital. The remaining US$2.9 billion in callable capital will be a contingent liability against the Commonwealth.
Australia's contribution will have zero direct impact on the underlying cash balance, fiscal balance and net debt, as we are purchasing a shareholding in the Bank.
Second, the Bill will authorise me, as the responsible Minister, to issue promissory notes to the Bank to discharge Australia's financial obligations.
Third, the Bill will also enable regulations to be made to extend necessary privileges and immunities to the Bank, its staff and experts and consultants performing services for the Bank.
Mr Speaker, membership of the Bank will provide valuable trade and economic opportunities for Australia. Australian firms will benefit from improved infrastructure throughout the region, which will also help our commodity exporters.
The Bank will help build new and improved infrastructure, which in turn will drive increased demand for our commodities and for Australian services. Services such as engineering, construction management and finance.
In addition to the great benefits for the countries themselves, new ports and railways in countries such as India or Indonesia also mean that Australian companies can reach new and expanding markets.
Better port facilities in India could provide extra capacity for Australian commodity exporters. Similarly, Australian fund managers could help design and co-finance toll road projects across South East Asia.
Mr Speaker, the Asian Infrastructure Investment Bank will lift the living standards of many citizens across Asia. It will enrich their countries through higher productivity and growth in the region.
A stronger Asian region underpins a stronger Australian economy.
Tax Laws Amendment (Small Business Measures No. 3) Bill 2015
Migration Amendment (Strengthening Biometrics Integrity) Bill 2015
Medical Research Future Fund Bill 2015
Medical Research Future Fund (Consequential Amendments) Bill 2015
Social Services Legislation Amendment (No. 2) Bill 2015
Most people are on income management for extended periods with many, at the end of 2013, having been income managed for more than six years.
Over 60 per cent of Indigenous people currently being income managed were on income management introduced as part of the Northern Territory Emergency Response.
Few exemptions have been granted and most exemptions have been granted to non-Indigenous people—
who have an exemption rate of 36.3 per cent compared with 4.9 per cent for Indigenous people.
… the evidence we have collected suggests, that while income management is one of the tools that can assist in harm minimisation for this groups, they also need other supports.
Furthermore, it is unlikely that income management can effectively build the capabilities of this group, but rather they will need this intervention on an ongoing basis.
Exemptions from being a vulnerable welfare payment recipient are streamlined to refer solely to a person's rate of welfare payment, rather than also to require subjective assessment of a person's circumstances.
I am personally in favour. I am concerned about vulnerable people.
2.26 The committee acknowledges concerns raised by submitters about extending compulsory income management for a further two years. However, the committee notes income management programs have been in place since 2007 and have assisted around 25,000 Australians. The committee is satisfied the proposed changes, together with the government's additional investment in financial wellbeing, will deliver more streamlined and cost-effective income management programs.
2.27 The committee also acknowledges the concerns raised about removing incentive payments for people entering voluntary income management. The committee supports measures to assist people seeking to better manage their incomes, but accepts the existing measures are administratively inefficient and that these funds are better directed at initiatives to improve financial management skills.
2.28 The committee further acknowledges the concerns raised about changes to the process for determining classes of vulnerable persons, particularly the possibility that objective criteria may cause people to enter income management programs when their particular circumstances may not warrant this. The committee accepts that the existing case-by-case process is under-utilised and administratively burdensome. Moreover, the committee is satisfied that by requiring the Minister to determine classes by legislative instrument, the Parliament will have opportunity to ensure the criteria are appropriate and retain adequate flexibility.
(1) Clause 2, page 2 (table item 2), omit "Parts 1 to 3", substitute "Parts 1 and 3".
(2) Schedule 1, Part 2, page 4 (lines 1 to 19), to be opposed
(3) Schedule 1, item 34, page 11 (line 23) to page 12 (line 3), to be opposed.
That the bill be now read a third time.
Fair Work Amendment Bill 2014
The Coalition supports the many of the remaining recommendations that Labor has ignored and we will seek to implement those summarised below, to the extent that they are not inconsistent with our policy.
We got equal pay once—
then we got it again, and then we got it again, and now we still don't have it.
Gender equality is not a battle of sexes, it's a battle for equality, a battle that men and women must wage side by side. The empowerment of women is about the empowerment of humanity.
Getting out of homelessness—and staying out—is about more than just having a roof over your head. It's also about being able to participate in your community; having the capacity to find and keep a job, to cook and clean for yourself and to look after your health. To achieve this, homeless people need help, not just with housing, but also with dental and psychological health, personal hygiene, literacy and numeracy, self-esteem and fitness.