The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 12:30, read prayers and made an acknowledgement of country.
That consideration of the business before the Senate on Tuesday, 13 October 2015 be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator Simms to make his first speech without any question before the chair.
Fair Work Amendment Bill 2014
The Senate divided. [12:37]
(The Chairman—Senator Marshall)
(1) Schedule 1, item 33, page 14 (lines 23 and 24), omit “the prevailing pay and conditions within the relevant industry for equivalent work”, substitute “the pay and conditions for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers who will be covered by the agreement and the enterprise to which the agreement relates”.
(2) Schedule 1, item 33, page 14 (lines 25 to 27), omit the note.
The Committee divided. [12:53]
(The Chairman—Senator Marshall)
(6) Schedule 1, page 16 (after line 15), after item 48, insert:
48A After subsection 240(3)
Insert:
FWC may deal with greenfields agreement dispute
(3A) The FWC may deal with a dispute about a proposed single‑enterprise agreement that is a greenfields agreement on its own initiative if the FWC is satisfied that it is in the public interest to do so.
48B Before subsection 240(4)
Insert:
Bargaining representatives may agree that FWC can arbitrate
… one would anticipate based on past practice that the majority of agreements are going to be negotiated …
… in the majority of cases the employer and the relevant union or unions will be able to reach an agreement.
… I think we would all hope that during that six-month period an agreement can be reached between the employer and the union or the unions.
… continue to negotiate ad infinitum if they want to …
… an employer can only take a greenfields agreement to the Fair Work Commission to be approved under the new process where it has first given each of the unions that are the bargaining representatives a reasonable opportunity to sign-off on the agreement. This … ensures that the unions have sufficient time to consider the agreement … to the Fair Work Commission.
… the union must have been given the reasonable opportunity to consider agreeing to the document that is filed with the Fair Work Commission.
(1) Page 3 (after line 11), after clause 3, insert:
4 Review of the operation of amendments
(1) The Minister must cause an independent review of the operation of the amendments made by Part 5 of Schedule 1 to be undertaken and completed within 2 years after the commencement of that Part.
(2) The review must consider:
(a) the effect of the amendments made by Part 5 of Schedule 1; and
(b) any other related matter that the Minister specifies.
(3) The person who undertakes the review must give the Minister a written report of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sittings days of receiving it.
(7) Schedule 1, item 50, page 17 (lines 5 to 14), omit paragraph 255A(1)(d), substitute:
(d) the following provisions do not apply in relation to the agreement at any time after the end of the notified negotiation period:
(i) sections 229 and 230 (which deal with bargaining orders);
(ii) sections 234 and 235 (which deal with serious breach declarations); and
(1) Schedule 1, page 11 (after line 6), after item 20, insert:
20A Section 12
Insert:
greenfields workplace determination : see subsection 271B(2).
(2) Schedule 1, page 11 (after line 10), after item 21, insert:
21A Section 12 (paragraph (c) of the definition of workplace determination )
Omit "determination.", substitute "determination; or".
21B Section 12 (definition of workplace determination )
At the end of the definition, add:
(d) a greenfields workplace determination.
21C At the end of section 171
Add:
Note: A greenfields workplace determination may be made in specified circumstances under Division 4A of Part 2‑5 if the bargaining representatives for a proposed enterprise agreement that is a greenfields agreement are unable to reach agreement.
(8) Schedule 1, page 17 (after line 18), after item 50, insert:
50A Section 258
After:
(b) after the end of the post‑declaration negotiating period, the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.
Insert:
Division 4A deals with greenfields workplace determinations. Bargaining representatives for a proposed single‑enterprise agreement that is a greenfields agreement may apply to the FWC for such a determination if they are unable to reach agreement on the terms that should be included in the agreement.
(9) Schedule 1, Part 5, page 17 (after line 33), at the end of the Part, add:
52A After Division 4 of Part 2‑5
Insert:
Division 4A—Greenfields workplace determinations
271B Applications for greenfields workplace determination
Application of this section
(1) This section applies if:
(a) a proposed single‑enterprise agreement is a greenfields agreement; and
(b) there has been a notified negotiation period for the agreement; and
(c) the notified negotiation period ends; and
(d) one or more of the bargaining representatives for the agreement are unable to reach agreement on the terms that should be included in the agreement.
Bargaining representative may apply for greenfields workplace determination
(2) A bargaining representative for the agreement may apply to the FWC for a determination (a greenfields workplace determination ).
(3) An application for a greenfields workplace determination must specify the following:
(a) the terms that the bargaining representatives concerned have, at the time of the application, agreed should be included in the agreement;
(b) the matters at issue at the time of the application;
(c) the employers that will be covered by the determination;
(d) the employees who will be covered by the determination;
(e) each employee organisation that is a bargaining representative of those employees.
271C When the FWC must make a greenfields workplace determination
(1) If:
(a) an application for a greenfields workplace determination has been made; and
(b) the FWC is satisfied that:
(i) the bargaining representatives for the proposed agreement are genuinely unable to reach agreement on the terms that should be included in the agreement; and
(ii) there is no reasonable prospect of agreement being reached; and
(iii) the bargaining representative who made the application has met, or is meeting, the good faith bargaining requirements; and
(iv) the bargaining representatives that are employee organisations that (taken as a group) are entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement, in relation to work to be performed under the agreement; and
(v) the bargaining representative who made the application has exhausted all other reasonable alternatives to reach agreement on the terms that should be included in the agreement; and
(vi) it is in the public interest to make the determination;
the FWC must make a greenfields workplace determination as quickly as possible.
Note: The FWC must be constituted by a Full Bench to make a greenfields workplace determination (see subsection 616(4)).
(2) In deciding whether or not the bargaining representatives have exhausted all other reasonable alternatives to reach agreement on the terms that should be included in the agreement, the FWC may take into account any matter the FWC considers relevant, including whether the FWC has provided assistance under section 240 in relation to the agreement.
271D Terms etc. of a greenfields workplace determination
Basic rule
(1) A greenfields workplace determination must comply with subsection (4) and include:
(a) the terms set out in subsections (2) and (3); and
(b) the core terms set out in section 272; and
(c) the mandatory terms set out in section 273.
Note: For the factors that the FWC must take into account in deciding the terms of the determination, see section 275.
Agreed terms
(2) The determination must include the agreed terms (see subsection 274(4)) for the determination.
Terms dealing with the matters at issue
(3) The determination must include the terms that the FWC considers deal with the matters that were still at issue at the end of the notified negotiation period.
Coverage
(4) The determination must be expressed to cover:
(a) each employer that would have been covered by the proposed single‑enterprise agreement that is a greenfields agreement; and
(b) the employees who would have been covered by that agreement; and
(c) each employee organisation (if any) that was a bargaining representative of those employees.
271E No other terms
A greenfields workplace determination must not include any terms other than those required by subsection 271D(1).
52B Subsection 272(2)
Repeal the subsection, substitute:
(2) The determination must include a term specifying a date as the determination's nominal expiry date, which must not be more than:
(a) for a greenfields workplace determination—2 years after the date on which the determination comes into operation; or
(b) for a workplace determination other than a greenfields workplace determination—4 years after the date on which the determination comes into operation.
52C At the end of section 274
Add:
Agreed term for a greenfields workplace determination
(4) An agreed term for a greenfields workplace determination is a term that the bargaining representatives for the proposed single‑enterprise agreement that is a greenfields agreement had, at the end of the notified negotiation period, agreed should be included in the agreement.
Note: The determination must include an agreed term (see subsection 271D(2)).
52D Paragraph 275(b)
After "low‑paid workplace determination", insert "or a greenfields workplace determination".
52E Paragraph 275(c)
Omit "other than a low‑paid workplace determination", substitute "other than a determination covered by paragraph (b)".
52F After paragraph 275(c)
Insert:
(ca) for a greenfields workplace determination—whether the determination, on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work;
52G Paragraph 275(e)
Repeal the paragraph, substitute:
(e) for a greenfields workplace determination—how productivity might be maximised in the enterprise concerned;
(ea) for a workplace determination other than a greenfields workplace determination—how productivity might be improved in the enterprise or enterprises concerned;
The committee divided. [13:38]
(The Chairman—Senator Marshall)
The Senate divided. [13:46]
(The President—Senator Parry)
Social Security Legislation Amendment (Debit Card Trial) Bill 2015
SHADOW MINISTRY LIST
13 October 2015
Shadow Cabinet Ministers are shown in bold type.
* Senator Katy Gallagher’s appointment to the Shadow Ministry is effective from 1 November 2015. Senator the Hon Jan McLucas will serve as Shadow Minister for Housing and Homelessness and Shadow Minister for Mental Health, and represent the Shadow Minister for Northern Australia, the Shadow Minister for Health, the Shadow Assistant Minister for Health, the Shadow Minister for Sport and the Shadow Minister for Indigenous Affairs in the Senate until 31 October 2015.
Within the actual agricultural portfolio, there are still negotiations being conducted between Minister Joyce and his assistant minister in relation to the overall specifics of the allocation of the portfolio…
… raised some concerns in the lead-up to these negotiations …
The bottom line is in the government’s national partnership agreement that the former prime minister signed in July this year. It is clear and explicit that funding for community legal centres will still be cut by $12m in 2017…
… $12m will come out of the budget of community legal centres nationally from July 2017. Whether you want to call it non-renewable funding or a cut, that doesn’t matter in my books, and it won’t matter to women in court who receive our help.
But there are hidden dangers in doing business with China: endemic corruption; a lack of transparency in both business and the legal system, and questions about where the money is coming from and whether ill-gotten gains are being laundered.
"China (is) by far the biggest exporter of illicit capital."
With billions of dollars flowing out of China, international money laundering experts are warning that some of it is making its way into Australia:
That the Senate take note of the answers given by Senator Cash to questions asked by opposition senators today relating to employment.
This table should be interpreted in the same manner as the other results in this report … For example, we expect there to be 7925 more people employed in 2016 if the FTAs are implemented compared to if they aren’t implemented. Similarly, in 2020 there would be 14,566 more jobs if the FTAs are implemented compared to what would be the case in 2020 if the FTAs were not implemented.
Too many of that Shadow Ministry and the Caucus are almost as if they're prisoners of the union movement. It's the union movement now who funds individual candidates. They wait for the phone call from the trade union heavy to tell them what to do.
… there's always been a very strong union involvement. And I must say, I think back. In the history of the Labor Party we always allowed, ah, the unions to put a few people in our state upper houses.
There was always a retirement, ah, pasture for those who had done a good job. Or some of them worked on the basis: if you can't put them in the Industrial Commission, you put the duds in the Senate or the … Upper Houses.
Whichever way you look at it, it will hit community legal centres nationally.
This is at odds with the government's rhetoric on … family violence across Australia.
Lack of legal assistance can be a major barrier to victims escaping violence or putting their lives—and their children's lives—back together.
That the Senate take note of the answers given by the Attorney-General (Senator Brandis) to questions without notice asked by Senator Lambie today, relating to Chinese government donations to Australian political parties and Australia's free trade deal with China.
The flood of Chinese money into Australia's hot real estate market has prompted calls for new rules that would force solicitors and real estate agents to report suspicious financial transactions.
A Four Corners investigation has found no Australian agency is charged with identifying the true source of foreign funds streaming in from China.
Insiders say unless Australia asks more questions, or enforces better standards, it could inadvertently become a safe haven for corrupt funds.
Two former board members have confirmed concerns about offshore corruption are rarely discussed, even though $US1.25 trillion worth of corrupt and criminal proceeds from China is estimated to have been spent around the world in the decade to 2012.
No federal authority checks the source of Chinese investment unless there are obvious concerns about drug trafficking or other serious crimes.
But Raymond Baker from Washington DC's Global Financial Integrity says ignorance could cost Australia.
That leave of absence for the remainder of this week, 13 to 15 October 2015, be granted to Senator Sterle, for parliamentary duties, and to Senator Bilyk for personal reasons.
That the Senate—
(a) notes that:
(i) Sunday, 11 October, is internationally recognised as the Day of the Girl,
(ii) Day of the Girl has worked to assist girls all over the world in issues such as sexual assault, child marriage and education, and
(iii) in 2015 the Day of the Girl's theme was adolescent girls;
(b) congratulates all those involved in bringing awareness to the needs of women and girls by launching and maintaining this movement; and
(c) acknowledges the need for the ongoing development and support of women and girls in all areas across the world.
That the Senate—
(a) notes that:
(i) National Carers Week 2015 will run from Sunday, 11 October, until Saturday, 17 October, to recognise and celebrate the outstanding contribution unpaid carers make to our nation,
(ii) carers in Australia make an enormous contribution to our communities and our national economy,
(iii) in 2015, it is estimated that nearly 2.9 million Australians will provide more than 1.9 billion hours of informal care and unpaid care, and
(iv) the replacement value of informal care would be $60.3 billion, equivalent to 3.8 per cent of gross domestic product and 60 per cent of the health and social work industry; and
(b) congratulates Carers Australia for its strong advocacy and support for those providing care and support to family members and friends who have a disability, mental illness, chronic condition, terminal illness, and alcohol or other drug issue, or who are frail and aged.
That the Senate—
(a) notes that:
(i) BUSHkids, is the Royal Queensland Bush Children's Health Scheme, which has provided and continues to provide the children of rural Queensland with physical and mental health assistance since 1935, and
(ii) Thursday, 22 October 2015 is BUSHkids Thanksgiving, and celebrates 80 years of the BUSHkids service; and
(b) congratulates BUSHkids for the dedication and commitment of the many people involved who provide to families across regional Queensland through this pioneering health scheme.
That the Senate:
(a) notes that the North Queensland Cowboys Rugby League Team won its first ever National Rugby League Grand Final;
(b) congratulates Cowboys co-captain Johnathon Thurston on:
(i) his leadership,
(ii) his award of a record fourth Dally M Player of the Year Medal, and
(iii) winning the Clive Churchill Player of the Grand Final Medal and the Provan Summons Fans Choice Medal as the Best Player of the Year; and
(c) urges the Government to continue to support excellence in sport and the identification of role models.
That the Senate—
(a) congratulates the North Queensland Cowboys on winning the 2015 National Rugby League Grand Final and Johnathan Thurston on winning the 2015 Clive Churchill Medal;
(b) recognises the positive impact of the win for the North Queensland region which is being impacted by drought and other social and economic challenges;
(c) acknowledges the important work of the North Queensland Cowboys in supporting and promoting the region; and
(d) calls on the Government to consider funding the construction of a new multi‑purpose sporting venue in Townsville to accommodate North Queensland Cowboys home games and other local, state, national and international sporting and recreational events.
Commonwealth Grants Commission Amendment (GST Distribution) Bill 2015
That the following bill be introduced: A Bill for an Act to amend the Commonwealth Grants Commission Act 1973 , and for related purposes.Commonwealth Grants Commission Amendment (GST Distribution) 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.
COMMONWEALTH GRANTS COMMISSION AMENDMENT (GST DISTRIBUTION) BILL 2015
Distribution of the Goods and Services Tax (the "GST") has been problematic because it has not been allowed to evolve while the world economic environment is fast changing. Western Australia ("WA") has been a victim of the distribution model's failure to adapt to the new terms of global trading, especially those around the iron ore market. Global iron ore trades shifted to quarterly prices 5 years ago with a lot of iron ore traded on a spot market. The commodity market has its ups and downs but because of this shift commodity prices have become less predictable.
Yes of course, WA being a mining state, has been hit fairly badly by the volatility during recent years. But the Commonwealth Grants Commission still calculates each state or Territory's capacity to raise mining royalty based on data at 3-year intervals. This, frankly is the 20th century way of thinking and it fails to adjust to the way the 21st century world trades.
A bad year is a bad year. It cannot be moderated just because the 2 previous years were better. So the states and territories should be provided with the means to cope with revenue shortfall immediately, not 3 years later.
Using 3 year old mining revenue data has driven a huge reduction in GST distribution to Western Australia at the same time as the actual mining royalties reduced.
The issue of the volatility of mining revenue has been raised in the Commonwealth Grants Commission reviews of the GST distribution process for 10 years now. The issue is of particular importance to the Western Australia Government and, to a lesser extent, the Queensland Government.
WA's share of the GST revenue has been unacceptably low in recent years. Ironically the prices of iron ore have fallen in the same period as WA's share of the GST shrinks.
This Bill instructs the Commonwealth Grants Commission, when considering the capacity of a State or a Territory to raise mining revenue in preparing its annual recommendation on GST distribution, to only take into account the most recent financial year for which data is available.
Some may say that using annual assessments of royalty revenue will disadvantage the mining states when these royalties are increasing. This argument clearly shows a lack of understanding of the current impacts felt by Western Australia. My Bill offers a real buffer to the states against the volatility.
Of course I am putting forward this Bill because the GST distribution has not been fair to my home state. But more importantly, I am doing so because we now know that the distribution model has a problem which is capable of producing undesirable results, as proven in this case by Western Australia's unfair share of the GST. This problem has to be fixed so that it will not haunt another state or territory in the future as the state and territories' economic circumstances and revenue mix change. It could be Queensland, it could be Tasmania, it could be any of my good colleagues' home state should the mining industry become a bigger part of its economy.
I welcome the $500 million Commonwealth compensation to Western Australia this year. But the fundamental problem with the GST distribution remains untouched. We cannot sweep it under the carpet and pretend the job is done. Why is it that my home state has to cry for compensation every now and then like a baby crying for milk? Honestly I do not like the prospect. And dare I say, if it was a bigger state population-wise suffering from this unfair distribution, we would have this problem fixed in no time because there are more House of Representatives seats.
Yes, unanimous agreement by all states and territories is required for the Commonwealth to change the rate of the GST but no such agreement is needed to modify the distribution.
Under my Bill, if legislated, Western Australia would have received $2,395 million additional GST revenue in 2013-14, $3,057 million in 2014-15 and $3,500 million in 2015-16. Queensland would also benefit in the foreseeable future.
I am putting forward this Bill for WA, a state I love, a state I am a representative of here in the Parliament. I make no apology for doing this because WA has been ripped off for too long. But any state or territory could potentially benefit from this long overdue change.
That the Senate—
(a) notes that:
(i) the United Nations (UN) summit for the adoption of the post 2015 development agenda took place from 25 September to 27 September 2015;
(ii) the Sustainable Development Goals build on the achievements of the Millennium Development Goals, which have:
(a) reduced the number of people in absolute poverty,
(b) reduced child mortality,
(c) increased the number of children in school, and
(d) increased access to clean water and sanitation, and
(iii) the Sustainable Development Goals were endorsed by all members of the UN as objectives for all countries to meet, and achieving these will require policy and financial commitments from all countries; and
(b) calls on the Government to:
(i) endorse the Sustainable Development Goals as a blueprint to end extreme poverty; and
(ii) adopt the Sustainable Development Goals as a framework for Australia's aid program, and work with other countries to support these Goals which includes contributing Australia's fair share internationally to achieve their targets.
That the Senate—
(a) notes the range of issues currently being experienced across the country in relation to the operation of UBER, including allegations of acts of violence and intimidation against UBER drivers by members of the taxi industry in Queensland;
(b) acknowledges the important role of competition, change and disruption in forging new industries and creating new services;
(c) further notes the impact of UBER and other ride sharing services on the viability of the taxi industry and the stakeholders involved in the taxi industry, including owners, administrators, drivers and others directly and indirectly employed by the industry;
(d) urges the Government to consider the opportunity for all transport services, including the taxi industry and ride sharing services, to have a legitimate and legal role in Australia; and
(e) calls on the Government to show leadership and urgently address the taxi and ride sharing issue by working with state and territory governments to develop a national approach which:
(i) puts the needs of the people of Australia first,
(ii) improves the quality, safety, effectiveness and efficiency of taxi and ride sharing services across Australia,
(iii) creates a framework to enable the operation of taxi and ride sharing services on a level playing field basis, including regulation, fee introductions and fee modifications,
(iv) recognises the financial investment of taxi industry stakeholders, and any potential losses associated by a national approach,
(v) proposes amendments to policy, legislation and administrative instruments and mechanisms across relevant levels and areas of government to facilitate the adoption of the framework,
(vi) is developed in consultation with all taxi industry, ride sharing service providers and other stakeholders, and
(vii) aims to resolve the issues being experienced across the country, and reduce the tension and concern being felt by many involved.
That so much of the standing orders be suspended to allow consideration of the measure contained in motion 883.
The Senate divided. [15:57]
(The President—Senator Parry)
That the Senate—
(a) notes that:
(i) on 6 October 2015, 12 Pacific-rim countries signed the Trans‑Pacific Partnership Agreement,
(ii) to date the text of the Agreement has not been made public, and
(iii) on 24 June 2015 the Productivity Commission released its Trade and Assistance Review 2013 ‑14 , which stated 'the emerging and growing potential for trade preferences to impose net costs on the community presents a compelling case for the final text of an agreement to be rigorously analysed before signing'; and
(b) calls on the Government to refer the text of the Agreement to the Productivity Commission for a full‑scale review prior to the Agreement's implementing legislation being introduced into the House of Representatives and the Senate.
The Senate divided. [16:02]
(The President—Senator Parry)
That the Senate—
(a) notes that:
(i) Australia suffered a severe underfunding of public transport under the Abbott Government,
(ii) the former Prime Minister, Mr Abbott, labelled the 2014 Victorian election as a 'referendum on the East West Link', and that there was a change of government in Victoria because of that election, and
(iii) the Turnbull Government has this week [11 October to 17 October 2015] labelled the East West Link toll road as 'indispensable and inevitable', and included it in a publicly‑released list of their priority infrastructure projects for Victoria; and
(b) calls on the Government to withdraw the allocation of federal funding set aside for East West Link and to reallocate this funding to the Melbourne Metro Rail project.
The Senate divided. [16:07]
(The President—Senator Parry)
That the Senate notes:
(a) the approval of Port Alma as a live cattle export facility;
(b) the benefits of providing new export options to producers and the cattle industry in central Queensland;
(c) that in 2014‑15, the live cattle export industry contributed $1.4 billion to Australia's economy; and
(d) that lowering transport costs, by providing local export options in addition to the highly important processing industry, will deliver better returns to central Queensland cattle producers by giving access to more markets.
The Senate divided. [16:12]
(The President—Senator Parry)
That the Senate take note of the report.
PARLIAMENTARY JOINT COMMITTEE ON HUMAN RIGHTS
SENATE TABLING STATEMENT
I rise to speak to the tabling of the Parliamentary Joint Committee on Human Rights' Twenty-Eighth Report of the 44th Parliament.
The committee's report examines the compatibility of bills and legislative instruments with Australia's human rights obligations. This report considers bills introduced into the Parliament from 7 to 10 September 2015 and legislative instruments received from 14 to 27 August 2015. The report also includes the committee's consideration of three responses to matters raised in previous reports.
The one new bill examined in this report is assessed as not raising human rights concerns and 43 instruments raise matters in relation to which the committee will seek a response from the legislation proponents. The committee is also continuing its examination of instruments made under two Acts. The committee has concluded its examination of two bills, and deferred its consideration of five bills.
One of the bills for which the committee has concluded its examination is a private senator's bill, titled the Criminal Code Amendment (Animal Protection) Bill 2015. The bill would introduce an offence provision to provide that a person recording malicious cruelty to animals commits an offence if they fail to report that event to the police. The committee considered that the bill engages and limits the right not to incriminate oneself because providing a recording of cruelty to animals to the police may provide evidence of the individual who made the recording committing an offence, such as criminal trespass.
The privilege against self-incrimination is a core principle of both the Australian common law and international human rights law. In its analysis, the committee has drawn on The Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers. This guide was developed by the Attorney General's Department to assist Australian Government departments to frame criminal offences and provides detailed information on when the privilege against self-incrimination may be limited.
While the guide does not consider international law principles directly, where the guide is followed in drafting a provision that limits the privilege against self-incrimination the provision is highly likely to be a justifiable limitation on the privilege against self-incrimination under international human rights law. Accordingly, as the guide was not followed in the drafting of the bill, the committee has sought to make helpful recommendations to the legislation proponent to improve both the drafting of the offence provisions in the bill and, consequently, their compatibility with international human rights law.
The report also includes the committee's continued consideration of a number of instruments made under the Autonomous Sanctions Act 2011 and theCharter of the United Nations Act 1945 . The committee, in considering 30 instruments made under these Acts, has focused its analysis on measures that freeze the assets of designated persons or prevent declared persons from travelling to, entering or remaining in Australia. These instruments expand the operation of the sanctions regime and so, to assess whether the instruments are compatible with human rights, it is necessary to assess whether certain aspects of the sanctions regime are compatible with human rights.
The committee recognises the importance of Australia acting in concert with the international community to prevent egregious human rights abuses, and agrees that laws designed to prevent such abuses pursue a legitimate objective under international human rights law. However, the committee considers that further information is required to conclude that the process of designation of persons under the sanctions regimes is proportionate to the stated objective.
While the committee is unaware whether anyone in Australia has been affected by these measures, I note that the committee's mandate is to examine Acts and legislative instruments for compatibility with human rights and whether legislation could be applied in a way that would limit rights. It is on this basis that the committee has applied its usual analytical framework to engage in a constructive dialogue with the minister in relation to this matter.
As always, I encourage my fellow Senators and others to examine the committee's report to better inform their understanding of the committee's deliberations.
With these comments, I commend the committee's Twenty-eighth Report of the 44th Parliament to the Senate.
That the Senate take note of the report.
That the Senate take note of the report.
Landholders' Right to Refuse (Gas and Coal) Bill 2015
That the Senate take note of the report by the Environment and Communications Legislation Committee into the Landholders' Right to Refuse (Gas and Coal) Bill 2015.
My seven year old boy … has been suffering fast onsetting headaches for a few years now. They are so severe he bangs his head into the wall or the floor anything to make them stop.
The first assumption is that there is some sort of equality in the negotiation that goes on between mining companies and farmers. In fact, as far as we are concerned, there is no equality. It is negotiation with a gun at the head of the landowner.
…the bill uses the term 'agreement'. I can tell you unequivocally that, when dealing with a resource company, there is no such thing as an agreement. In some cases, perhaps, a painful type of coexistence results, but it is the farming community that does the giving.
All the power lies with the coal and gas companies; the landholders' only position is to accept or go to legal challenge. There is much discussion about coexistence between coal and gas and agriculture. But how can you have coexistence when all the power lies with one party?
That senators be discharged from and appointed to committees as follows:
Environment and Communications Legislation Committee—
Appointed—Substitute member: Senator Dastyari to replace Senator Singh on 20 October 2015
Legal and Constitutional Affairs References Committee—
Appointed—
Substitute member: Senator Gallacher to replace Senator Collins for the committee's inquiry into the regional processing centres in the Republic of Nauru and Papua New Guinea
Participating member: Senator Collins.
Australian Immunisation Register Bill 2015
Australian Immunisation Register (Consequential and Transitional Provisions) Bill 2015
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
AUSTRALIAN IMMUNISATION REGISTER BILL 2015
I am pleased to introduce the Australian Immunisation Register Bill 2015 .
The Australian Immunisation Register Bill 2015 creates a new, consolidated legislative framework for the establishment and ongoing management of Australian immunisation registers, and expands the scope of our two existing immunisation registers.
These changes implement measures announced in this year ' s Federal Budget as part of the Government ' s focus on improving immunisation rates across Australia, and will complement other Government initiatives, including No Jab, No Pay , and new catch-up incentives to GP ' s and other immunisation providers.
The Coalition has a strong track record when it comes to improving immunisation rates, successfully increasing vaccination rates from 52% in 1996 up to around 90%, and it was the current Prime Minister, as then Health Minister who introduced the Human Papillomavirus (HPV) vaccination programme for school aged women in 2007. These new measures build on our successful record.
As I mentioned previously, the scope of our two current immunisation registers will be broadened. The Australian Childhood Immunisation Register (ACIR) will be expanded to become the Australian Immunisation Register, which will capture all vaccines given, from birth to death, through General Practice and community clinics.
The ACIR currently records vaccinations given to children aged less than seven years. The ACIR will be expanded in two stages. From 1 January 2016, it will expanded to collect and record vaccinations given to young individuals under the age of 20 years, enabling implementation of the Government ' s No Jab No Pay Budget measure.
From September 2016, it will be expanded further to cover all vaccinations from birth to death given through General Practice and community clinics, supporting the addition of the zoster virus (shingles) vaccine to the National Immunisation Program for persons aged 70 years.
Implementing these changes to our national immunisation registers will broaden and improve immunisation data capture to assist recognised vaccin a tion providers to boost coverage rates.
Additionally, this bill expands the National Human Papillomavirus (HPV) Vaccination Program Register (the HPV Register) to become the Australian School Vaccination Register (ASVR), which will capture all adolescent vaccinations given through school programs from the start of the 2017 school year.
The HPV Register currently only captures administration of the HPV vaccine. Other adolescent vaccinations administered through the school programs that would be captured in the Australian Schools Vaccination Register include Varicella (chickenpox) and the Diphtheria, Tetanus and Pertussis (whooping cough) booster.
Currently, separate legislation within the Health Insurance Act 1973 and theNational Health Act 1953 provide the foundation for how the two national immunisation registers are operated. In this context, it is considered timely to consolidate the two pieces of separate legislation for the Australian Childhood Immunisation Register and Australian School Vaccination Register into a new, single piece of legislation to provide for the ongoing management and data capture for both registers.
This Bill will lay the foundations for future work to move towards an integrated system that captures and reports on all vaccines given in Australia from birth to death, providing a single 'front door' for consumers and immunisation providers.
This Bill provides the framework under which Australian immunisation registers are operated and removes obstacles associated with the appropriate collection of personal information. This includes detailing the provisions in which individuals can access personal information, the type of information collected and including offence provisions that detail the offence generated by unauthorised disclosure of personal information.
The Bill provides for the establishment of the Register and the recording of certain personal information about individuals. The Bill also creates an offence for the unauthorised disclosure of personal information contained within the Register.
The amendments contained within this bill will commence in three stages. From 1 January 2016 the new Australian Immunisation Register Act 2015 will commence and it will facilitate the collection of information of 'young individuals' under the age of 20 years to assist the implementation of the Government'sNo Jab No Pay Budget measure. At the same time, a number of required consequential amendments will be made to other legislation.
Amendments commencing in September 2016 include amendments to the Australian Immunisation Register Act 2015 to reflect the name change and expansion of the ACIR to the Australian Immunisation Register and theHealthcare Identifiers Act 2010 . These amendments will accommodate the Government's approval to list zoster virus (shingles) vaccine (Zostavax) on the National Immunisation Program for persons aged 70 years.
Finally, from 1 January 2017 onwards, the Australian Schools Vaccination Register will capture all adolescent vaccinations given through school programmes from the start of the school year.Provisions of the new Bill will apply equally to the Australian Immunisation Register and the Australian School Vaccination Register and Part 9BA of the National Health Act 1953 will be repealed.
Through this Bill, expansion of the National Immunisation Registers and the way they continue to operate in the future will not only benefit the health of individuals; general practitioners and health care providers will have a consistent way in which immunisation records can be obtained for individuals of all ages, not just the young.
AUSTRALIAN IMMUNISATION REGISTER (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2015
This Bill provides for the Consequential and Transitional Provisions required to support the operation of the Australian Immunisation Register Act 2015 .
The proposed Act will have amendments that commence in three stages.
Part IVA of the Health Insurance Act 1973 will be repealed, along with associated offence provisions relating to the Register. These offences will be replaced by an offence in the newAustralian Immunisation Register Act 2015 . Additionally, minor amendments are proposed which will allow the disclosure of Medicare enrolment data to the Register.
Minor amendments to Part 9BA of the National Health Act 1953 will be initiated to refer to a prescribed body within the meaning of the newAustralian Immunisation Register Act 2015 .
The Freedom of Information Act 1982 will be amended, to provide for information in the registers to be exempt from disclosure under section 38 of theFreedom of Information Act 1982 in response to a freedom of information request.
Provided under the amendments commencing 1 January 2016 include changes to the Healthcare Identifiers Act 2010 to repeal the definition of the Australian Childhood Immunisation Register (ACIR) which links the register to theHealth Insurance Act 1973 and refer instead to the Register operated under the newAustralian Immunisation Register Act 2015 .
Amendments to the A New Tax System (Family Assistance) Act 1999 to allow the definition of a 'recognised immunisation provider' to be consistent with the meaning of recognised vaccination provider in the new immunisation register Bill is also proposed to occur from 1 January 2016.
Finally, amendment to the Child Support (Registration and Collection) Act 1988, theHuman Services (Medicare) Act 1973 and theHuman Services (Centrelink) Act 1997 are also proposed to prescribe that theAustralian Immunisation Register Act 2015 is a 'designated program Act'.
Amendments commencing later in 2016 include changes to the Australian Immunisation Register Act 2015 to reflect the name change of the ACIR to become the "Australian Immunisation Register (AIR)" and the provision to be able to collect vaccination information for all individuals regardless of age.
A secondary amendment to the Healthcare Identifiers Act 2010 is proposed to repeal the definition of ACIR and allow for use and disclosure of health care identifiers for the purposes of uploading information from the Register onto an individual's Personally Controlled Electronic Health Record.
The final transition arrangement proposed is to commence 1 January 2017. From 1 January 2017 onwards, the provisions of the new Australian Immunisation Register Act 2015 will apply equally to the Australian Immunisation Register and the Australian School Vaccination Register. Following this expansion Part 9BA of theNational Health Act 1953 will be repealed.
The schedules listed in the transitional and consequential arrangements in this Bill will only commence if the Australian Immunisation Registers Bill 2015 obtains Royal Assent.
That resumption of the debate be made an order of the day for a later hour.
That the Senate concurs with the resolution of the House of Representatives varying the resolution of the appointment of the Joint Select Committee on Trade and Investment Growth.
Social Security Legislation Amendment (Debit Card Trial) Bill 2015
The evaluation reports published to date have not provided strong evidence of benefit for those referred under the 'membership of a class' measures—
… there is no valid evidence that the income management program, in its various form, has improved the alcohol and related problems in the range of communities in the NT where it has been applied.
… … …
The evaluation data does not provide evidence of income management having improved the outcomes that it was intending to have an impact upon.
Darkness cannot drive out darkness, only light can do that. Hate cannot drive out hate, only love can do that.
Social Security Legislation Amendment (Debit Card Trial) Bill 2015
Unfortunately, over the 40- or 50-year period that I can remember, I have seen the degradation of communities at the hands of alcohol and drugs. As many would know, in those communities there is a very high rate of attendance at funerals of friends and people who, like me, were bright-eyed, confident, happy and looking forward to living a full and secure life in Australia as youth. I feel that has been denied to so many of our vulnerable Australians, both Indigenous and non-Indigenous, through disproportionate access to alcohol and drugs in vulnerable communities. These are the great destroyers of community, of lives.
We want to build a future for our younger generation to aspire to and believe we cannot do this if our families are caught up in the destructive cycle of alcohol or drugs that destroys our culture, our lands and our communities.
At the heart of this reform is a change that is being shaped specifically to meet our local needs. It has been a true collaboration to ensure that we can give our mob and our Communities every chance to create real and genuine change in their lives.
We have grasped this initiative; we have helped shape this initiative; and we are confident that this initiative is for the betterment of all people within our region.
We understand the introduction of this trial is not the silver bullet to solve all of our issues, but we strongly believe that it provides part of an overall plan aimed at reducing easy access to alcohol, drugs and gambling addiction. As community leaders, we are very much aware of the social consequences of sitting back and not doing anything. We are at the forefront of alcohol and drug related violence. Families are going without food and children are not attending school, and there are other social issues which impact on the general health and social wellbeing of our people.
In the past, measures to reduce alcohol fuelled violence and chronic alcohol misuse—contributing to the premature deaths of our people—have been tried and tested and have failed. It is our belief that as a first trial site, amongst a possible three across Australia, we now have an opportunity to make positive change in the lives of our people.
It is quite a different model. Income management works in a kind of reverse way. What is being proposed here will work substantially differently and it is important to trial this in order to see if this kind of approach will work better. Under this scheme, there will be something like the Families Responsibilities Commission—that is, a committee of responsible members of the community, including elders, who subscribe to good social norms, who hear cases to remove the high levels of the cashless component of the income to enable people to access the cash, depending on, critically, whether or not they are sending their children to school every day.
… this is not about income management. This is a cashless debit visa card. We see it as totally different …
The difference between this card is that it has a 70/30 minimum split, a standard split of 80/20 and potentially 90/10, so it has the variable. It has very strong Aboriginal leadership commitment to it. It has very strong community support. It is a standard visa-type card that you can use anywhere in the country. It is a catch-all for everybody, black or white—anybody who is receiving benefits. But the big aspect of whether this will work or not will be around the fact that the trial will have a range of support packages provided with it, things like financial counselling, alcohol and other drugs counselling, and grief and loss counselling, as well as support for employment programs, support for economic development activity and support for diversionary activity. That is where this card will succeed or fail. It is not the mechanics of the card or the card itself. I know that I, and probably you, do not use more than 20 per cent of my own cash when I do most of my transactions. It is a normalising behaviour and it facilitates that normalising behaviour. It has very strong community support and very strong Aboriginal leadership support, but it is the support packages that we are still negotiating that will determine whether the card does or does not work.
I do not believe that it is paternalistic at all. Aboriginal leaders in these communities want this measure, and they want this measure because you have to see alcohol abuse to the extent that it occurs in these communities at firsthand to understand their concerns. What has happened over the last 50 years is that Aboriginal people have become normalised to welfare dependency. The proposition that a capable adult could go and get a job is simply regarded as impossible by many Aboriginal people because they have a mindset that their permanent destination is social security dependence.
This is not a paternalistic measure; this is a protective measure that leaders have examined closely and want for their communities because children are unsafe, women are unsafe and, more and more, people are being dragged into the drinking culture and increasing the proportion of drinkers in the community.
In relation to human rights, this is not a human rights abuse. The proposition is not race based. Both of these towns are open towns that have multicultural populations, including Australian settler folk, various kinds of Australians from elsewhere in the world, and very large Aboriginal populations—and much larger Aboriginal populations in the Hinterland of these towns.
… this card is not remotely paternalistic. Anything which gives thinking adults caring for community—experienced adults—an ability to further help their community is not paternalistic. To deny those Australians that basic right without a trial, to deny them access to a better technology which has transformed our own lives in this inquiry … is very paternalistic.
I think there is a general feeling and acceptance in the East Kimberley that there needs to be something done around addressing some of the antisocial behaviour. There is a belief that the card will in some way limit that as it limits people's access to alcohol and drugs.
I also believe there is an opportunity. People may be able, through this card, to better manage their spending, and I think that there are some services that then will be able to get in behind those families.
The trial will test whether significantly reducing access to discretionary cash, by placing a significant proportion of a person's welfare payments into a restricted bank account, can reduce the habitual abuse and associated harm resulting from alcohol, gambling and illegal drugs.
… enable a trial phase of new cashless welfare arrangements in response to a key recommendation from Mr Andrew Forrest’s Review of Indigenous Jobs and Training.
The purpose of the trial is to test the concept of cashless welfare arrangements by disbursing particular welfare payments to a restricted bank account, accessed by a debit card which does not allow cash withdrawals. The trial will test whether significantly reducing access to discretionary cash, by placing a significant proportion of a person’s welfare payments into a restricted bank account, can reduce the habitual abuse and associated harm resulting from alcohol, gambling and illegal drugs. It will also test whether cashless welfare arrangements are more effective when community bodies are involved.
Inequality and disadvantage remain entrenched in areas of our society with intergenerational poverty becoming well-known. It is becoming increasingly common to understand that this disadvantage is concentrated in some locations.
I recently visited a community in north-western New South Wales, at Wilcannia—
and that is a pretty grim place, because the average life expectancy for Aboriginal males out there is 35, so they are basically lucky to see their kids hit high school.
Prof. Langton …First of all, this is not income management.
Senator SIEWERT: But it is.
Prof. Langton : No, it is not income management.
Senator SIEWERT: Why not?
Prof. Langton : It is quite a different model. Income management works in a kind of reverse way. What is being proposed here will work substantially differently and it is important to trial this in order to see if this kind of approach will work better.
…you have to see alcohol abuse to the extent that it occurs in these communities at firsthand to understand their concerns. What has happened over the last 50 years is that Aboriginal people have become normalised to welfare dependency.
… … …
…children are unsafe, women are unsafe and, more and more, people are being dragged into the drinking culture….
In this case, council support for the trial of the cashless debit card was made on condition that we got strong support from the senior Aboriginal leaders, and I am happy to say that we have got that. We are also satisfied that we have got strong support from our non-Indigenous community, with, of course, a few exceptions. Some of the objections are very genuine and passionate. Being a small town, we have a good knowledge of people's motives. Some objections are from people who wish to have money to purchase drugs or alcohol. Some are even from people who are very anxious that their customers will be able to have money to purchase drugs and alcohol. We respect the opinions of the genuine and passionate objectors, but they really are very few.
Unfortunately, over the 40- or 50-year period that I can remember, I have seen the degradation of communities at the hands of alcohol and drugs. As many would know, in those communities there is a very high rate of attendance at funerals of friends and people who, like me, were bright-eyed, confident, happy and looking forward to living a full and secure life in Australia as youth. I feel that has been denied to so many of our vulnerable Australians, both Indigenous and non-Indigenous, through disproportionate access to alcohol and drugs in vulnerable communities. These are the great destroyers of community, of lives.
… satisfied that the trial is strongly supported by community leaders in the proposed trial communities in Ceduna and the East Kimberley. The committee considers that the expected benefits of the trial to reduce the social harm caused by alcohol and gambling, particularly for children, justify the measures outlined in the Bill.
… the Minister for Social Services include safety net provisions in the proposed legislative instrument to ensure that vulnerable people impacted by the trial are able to be exited from the trial, where appropriate, to ensure they are not further disadvantaged.
I was employed and payed taxes for most of my working life. I have a mortgage and 3 children in school. My health gave out a few years ago and I have been on a disability support pension since. I have COPD with possible Sarcoids and suffer severe back pain and nerve damage issues due to arthritis and disc damage from the physically demanding and heavy work I used to do to earn my living. These sicknesses are further complicated by the early stages of Chronic Kidney disease.
We will no longer be able to take advantage of the sharp practice of many local traders who will give substantial discounts to non credit or eftpos card transactions.
… poses a way of providing stability for families and individuals so they can concentrate on finding employment, providing adequately for their families, and sending their children to school.
It would be wrong to stereotype the entire indigenous population in this region as having drinking problems, but the evidence adduced before the Court establishes that there is without a doubt a severe and intractable culture of excessive alcohol consumption among the transient Aboriginal population in Ceduna and that this culture is having a negative impact on the wellbeing and functionality of those people.
Patients have improved health outcomes and their carers report less emotional strain.
Penalty rates are an essential means of building fairness in our economy, keeping many of Australia's lowest paid workers from falling into deeper poverty, and should not be tampered with.
It is vital that Australia's penalty rates system be maintained as an essential buffer against poverty, relied on by people who are battling to make ends meet.
Those who rely on penalty rates to meet their household expenditure are far more likely to be single parents, women in receipt of a household income less that $30,000 and living on the edges of our cities or in regional Australia.
You do not fix unemployment by penalising people in low-paid and insecure work.
There are countless things that could divide us. But we are united by a vision of an Australia where people are afforded equal respect and dignity. We are united in our belief that prejudice and hatred damage all Australians and believe that unity, empathy, and welcome are the foundations of a better future.
The suicide of an adult male could reduce his survivors to pauperism.
From the middle of the 18th Century to the mid-20th Century there was growing tolerance and a softening of public attitudes towards suicide, which was a reflection of, among other things, the secularisation of society and the emergence of the medical profession.
The reason why I came to be a witness was that I believe that the journalists are martyrs for East Timor and I believe they are East Timorese as well.
… there is no doubt in the minds of the AFP investigators and the AFP generally that an unlawful killing occurred with respect to these five Australian journalists.
… to pay respect to the victims of the Indonesian occupation … and to raise awareness about the consequences of impunity: victims see no justice done and perpetrators have green light to continue the atrocities elsewhere …
The sealing of a Pacific trade deal is welcome. But spare the cheers.
Until this week, the world had not seen a big multilateral trade pact for over 20 years. The deal that has broken the drought—the Trans-Pacific Partnership (TPP), which comprises 12 countries in Asia and the Americas, including the United States and Japan—is welcome. But those who believe in free trade, and the benefits it brings, ought not to miss the bigger picture. The backdrop to this week’s deal is a bleak one.
Trade talks are threatening to become sexy again.
By commodity, the percentage increases in the value of intraregional trade due to eliminating tariffs and TRQs among TPP members will be largest for rice, sugar, and 'other meat' (which includes animal fats and oils and offals).
When America closes its doors, so does everybody else. We are the primary engine of growth in the world and we are the only beacon of free trade left …
This is consistent with the high tariffs in agriculture and food (17 percent global average) versus other sectors, but is nonetheless remarkable given the low shares of agriculture in global GDP (4 percent) and global merchandise trade (9 percent). Three-quarters of those gains are accounted for by the farm policies of high-income countries. Notice too that as much of that gain from farm reform is due to South-South agricultural liberalization as would come from developing countries' unrestricted access to high-income country markets.
Every time residents visit the site, they’ve reported numerous safety breaches. And it’s only when WestConnex’s contractors know they’re being watched that they are serious about observing safety procedures, such as properly watering the road entry and exit point from the toxic dump.
The newly adopted Sustainable Development Goals rightly include key targets for gender equality and the empowerment of all women and girls. They offer an opportunity for a global commitment to breaking intergenerational transmission of poverty, violence, exclusion and discrimination—and realizing our vision of a life of dignity for all.
My brothers found work—there were opportunities available to them that were not even considered for me. I was the only girl. My role was to do endless household chores. I was beaten often. There was no dignity in my life.
After a few days I felt like a human again – I almost forgot about my past and all the trauma I'd been through.
My teachers asked me to build a purpose in life and gave me the belief to achieve it. I have been nurtured, given wings to fly and seen other girls like me take a route out of physical and mental trauma to soar with dreams and aspirations.
I will study hard, to become a doctor to serve back to my community.
I want this to be true for all girls.
Every human being has the right to live, learn and thrive regardless of his or her sex. Achieving gender equality will solve many of the issues we face in the world today, creating a better future for everyone.
We should celebrate the standalone goal on gender equality as a huge step in the right direction. But the real test will be ahead when it comes to financing, implementing and holding governments accountable to the goals.
This gender equality goal, with targets on eliminating violence against all women and girls, and giving women equal economic rights and access to financial services, represents enormous progress. Three years ago, this achievement was FAR from guaranteed, and was in fact, resisted by some powerful interests.
The SDGs advance a strong commitment to universal access to sexual and reproductive health and reproductive rights backed by specific targets such as a universal access to family planning. They also affirm the Cairo platform.