The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 09:30, read prayers and made an acknowledgement of country.
It's absolutely clear the plebiscite will unleash a torrent of abuse against our community in general, but, even more importantly, at our children.'
I don't want to have to justify my family in public or beg my Facebook friends to be good allies.
I don't want my children to suffer.
As a bisexual youth, and having had experience with organizing marriage rights events and attending them, there is OVERWHELMING support from young people to have marriage equality and safe, supportive environments for LGBTI+ persons in Australia. This is the next generation we're talking about, how could the Liberals be so ignorant and DANGEROUS as to propose this plebiscite? This puts the lives of every LGBTI+ person at risk by justifying discrimination and hate.
My son is gay and, whilst he is not in a serious relationship at the moment, I cannot understand why he should not be allowed to marry if he does meet Mr. Right.
As a bisexual man who already deals with a lack of understanding and support, the last thing I want is an invitation for the whole country to call me unnatural, perverted and disgusting. I already deal with depression, like many LGBTQ people. Please don't put us through this.
… please reconsider your plebiscite bill. Please pull back from this brink of public vitriol and make marriage equality a reality in this parliament. We need only be reminded of the hateful and hurtful commentary on race that ended the career of an AFL hero in Swans legend Adam Goodes—do not let that happen here to any of these families in Australia.
I have never heard a candidate standing for election say they want to represent their community - except on issues where it's all too difficult, in which case they will contract-out their responsibilities as a legislator.
In an age where public respect for the institution of Parliament is already at a low ebb, we can ill afford to further undermine public confidence by effectively admitting that our Parliament can no longer deal with the big questions. …
What will be the justification used to deny future plebiscites on euthanasia, on abortion, on military deployments, or even on spending cuts? Where will be the newline in the sand?
Every Greens MP has voted for marriage equality every single time, and we will continue to work to support people in our community to champion this reform until every Australian, regardless of their sexuality, will know that they are equal before the law in all respects.
The marriage service in the Anglican Church commences with a quote from the Bible—
God is love and those who live in love live in God and God lives in them.
Marriage equality will allow our communities celebrate a wide range of loving relationships and will therefore strengthen our common life.
If we cannot end our differences, at least we can help make the world safe for diversity.
… we exist, we already exist, our relationships exist, our children exist, our families exist, our marriages exist and our love exists. All we ask is that you stop pretending that we don't. Stop pretending that our relationships are not as real as yours, our love not as true, our children not as cherished, our families not as precious—because they are.
Making a solemn commitment to build a secure future with your partner, in front of your family and friends, is something that should be publicly celebrated. Declaring your commitment to look after your partner in sickness and health both cements your relationship through the rough times and shares your joys in the good times. We make this call not only on behalf of LGBTI communities and their families who have been waiting for over a decade, but importantly to ensure future generations of LGBTI Australians can grow up on equal footing with their peers.
Two thirds of the Australian people—
a majority of both houses of parliament and leaders of all major parties support marriage equality.
We have never had so much support for achieving this small step towards every Australian having the same opportunities as their neighbour.
Our shared goal is simple—we want marriage equality as soon as possible at the lowest cost. The most efficient and effective way of achieving marriage equality is a vote in Parliament, a power confirmed by the High Court in 2013.
Marriage equality is about people, not politics. It is about the grandma who wants to see her granddaughter married in her lifetime, the parents who want to walk their children down the aisle, the children who wish to see their parents marry, and the many ageing couples who have endured inequality throughout their lives.
Our relationships, future happiness and security should not be used for political point-scoring.
We call on our political leaders to put aside partisanship and come together to find an achievable pathway for marriage equality, this term.
The Government proposes a plebiscite which we believe is unnecessary, costly and divisive, when the law can be changed through a straightforward vote in parliament.
Achieving marriage equality should be an occasion for joy, a unifying moment of celebration. That is why the Deputy Leader of the Opposition and I have brought this proposed legislation forward today. I say to the Prime Minister: this is an issue you said you cared about. You have been Prime Minister for a year now. You can get this done and, instead of a private member's bill introduced by the opposition—
let marriage equality be a truly cooperative achievement.
We didn't do this for the Aboriginal people when we moved to give equality in law to them, we didn't do it when we dismantled the White Australia policy … we didn't do it in advances on women's equality, we didn't do it most recently on disability equality. Why are we now picking out the LGBT, the gay, community?
Equality for same-sex people was won in this parliament, in this Senate, with the support of all parties, including mine, by the amendments that were made to a suite of Commonwealth statutes in 2008.
It was in 2009 in this parliament that discrimination was removed in relation to same sex couples. There were four bills: the Same-sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008, the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008, the Evidence Amendment Bill 2008 and Same-sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008. They went through the parliament with bipartisan support.
… remove discrimination against same-sex couples from a raft of Commonwealth legislation, including veterans' affairs, social security and income tax.
SELECTION OF BILLS COMMITTEE
REPORT NO. 6 OF 2016
15 September 2016
MEMBERS OF THE COMMITTEE
Senator David Bushby (Government Whip, Chair)
Senator Anne Urquhart (Opposition Whip)
Senator Brian Burston (Pauline Hanson's One Nation Whip)
Senator Derryn Hinch (Derryn Hinch's Justice Party Whip)
Senator Skye Kakoschke-Moore (Nick Xenophon Team Whip)
Senator Rachel Siewert (Australian Greens Whip)
Senator John Williams (The Nationals Whip)
Secretary: Chris Reid
6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 6 OF 2016
1. The committee met in private session on Wednesday, 14 September 2016 at 7.37 pm.
2. The committee resolved to recommend—That—
(a) the Australian Broadcasting Corporation Amendment (Rural and Regional Advocacy) Bill 2015 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 30 November 2016 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Competition and Consumer Amendment (Country of Origin) Bill 2016 bereferred immediately to the Economics Legislation Committee for inquiry and report by 10 October 2016 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2016 and the Social Services Legislation Amendment (Family Payments Structural Reform and Participation Measures) Bill 2016 bereferred immediately to the Education and Employment Legislation Committee but was unable to reach agreement on a reporting date (see appendices 3 and 4 for a statement of reasons for referral);
(d) the provisions of the Migration Amendment (Family Violence and Other Measures) Bill 2016 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 October 2016 (see appendices 5 and 6 for a statement of reasons for referral);
(e) the provisions of the National Disability Insurance Scheme Savings Fund Special Account Bill 2016 bereferred immediately to the Community Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendices 7 and 8 for a statement of reasons for referral);
(f) the provisions of the Social Services Legislation Amendment (Budget Repair) Bill 2016 bereferred immediately to the Community Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendix 9 for a statement of reasons for referral);
(g) the provisions of the Treasury Laws Amendment (Enterprise Tax Plan) Bill 2016 bereferred immediately to the Economics Legislation Committee for inquiry and report by 10 October 2016 (see appendix 10 for a statement of reasons for referral); and
(h) the provisions of the Treasury Laws Amendment (Income Tax Relief) Bill 2016 bereferred immediately to the Economics Legislation Committee for inquiry and report by 10 October 2016 (see appendix 11 for a statement of reasons for referral).
3. The committee resolved to recommend—That the following bills not be referred to committees:
National Cancer Screening Register (Consequential and Transitional Provisions) Bill 2016
The committee recommends accordingly.
4. The committee deferred consideration of the following bills to its next meeting:
Narcotic Drugs (Licence Charges) Bill 2016
(David Bushby)
Chair
15 September 2016
Proposal to refer a bill to a committee:
Name of bill:
Australian Broadcasting Amendment (Rural and Regional Advocacy) Bill 2015
Reasons for referral/principal issues for consideration:
To continue to investigate the proposed Amendments and to identify any other measures that may promote regional news services and journalism in rural and regional Australia.
Possible submissions or evidence from:
Regional journalists, Regional; residents, regional businesses, regional representatives.
Committee to which bill is to be referred:
Environment and Communications Legislation Committee
Possible hearing date(s):
Various
Possible reporting date:
Wednesday 30 November 2016
(signed)
Senator Bridget McKenzie
APPENDIX 2
Proposal to refer a bill to a committee:
Name of bill:
Competition and Consumer Amendment (Country of Origin) Bill 2016
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Industry, food producers, consumer organisations.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
26 September 2016
Possible reporting date:
10 October 2016
(signed)
Senator Kakoschke-Moore
APPENDIX 3
Proposal to refer a bill to a committee:
Name of bill:
Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill
Reasons for referral/principal issues for consideration:
To seek information about the impact of the Bill on children, families and providers to facilitate informed consideration of the Bill.
Possible submissions or evidence from:
Early Childhood Australia
Australian Child Care Alliance
National Outside School Hours Care Association
Secretariat of National Aboriginal and Islander Child Care
Home Child Care Alliance
National Association of Mobile Services
Children and Young People with Disability Australia
The Parenthood
Committee to which bill is to be referred:
Senate Education and Employment Legislation Committee
Possible hearing date(s):
To be determined by the Committee
Possible reporting date:
22 November 2016
(signed)
Senator Urquhart
APPENDIX 4
Proposal to refer a bill to a committee:
Name of bill:
Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2016
Reasons for referral/principal issues for consideration:
The Australian Greens are concerned that the introduction of the activity test will reduce access to subsidised childcare for vulnerable children.
Possible submissions or evidence from:
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
First week of October. 1 day sufficient.
Possible reporting date:
21 November 2016
(signed)
Senator Rachel Siewert
APPENDIX 5
Proposal to refer a bill to a committee:
Name of bill:
Migration Amendment (Family Violence and Other Measures) Bill 2016
Reasons for referral/principal issues for consideration:
Potential conflict with Australia's human rights obligations and potential issues with proportionality.
Possible submissions or evidence from:
Please see submitters to lapsed inquiry into this Bill.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
27 October 2016
Possible reporting date:
11 November 2016
(signed)
Senator Rachel Siewert
APPENDIX 6
Proposal to refer a bill to a committee:
Name of bill:
Migration Amendment (Family Violence and Other Measures) Bill 2016
Reasons for referral/principal issues for consideration:
For completion of a report that was previously referred in March 2016, scrutinising the impact of legislative change on the sponsored family visa program.
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
Possible reporting date:
Monday 10 October
(signed)
Senator Anne Urquhart
APPENDIX 7
Proposal to refer a bill to a committee:
Name of bill:
National Disability Insurance Scheme Savings Fund Special Account Bill 2016
Reasons for referral/principal issues for consideration:
Examination of purported argument for linkage between savings measures and NDIS funding
Possible submissions or evidence from:
People with Disability Australia, Australian Council of Social Services, Australian Cross Disability Alliance
Committee to which bill is to be referred:
Community Affairs
Possible hearing date(s):
Possible reporting date:
7 November 2016
(signed)
Senator Rachel Siewert
APPENDIX 8
Proposal to refer a bill to a committee:
Name of bill:
National Disability Insurance Scheme Savings Fund Special Account Bill 2016
Reasons for referral/principal issues for consideration:
More information is required to understand the purpose and operation of the proposed Fund.
Possible submissions or evidence from:
Department of Social Services
Department of the Treasury
Department of Finance
Disability Organisations
Committee to which bill is to be referred:
Senate Community Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
7 November 2016
(signed)
Senator Anne Urquhart
APPENDIX 9
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation Amendment (Budge! Repair) Bill 2016
Reasons for referral/principal issues for consideration:
More information is required on the impacts of these measures on those affected.
Possible submissions or evidence from:
Department of Social Services
Department of the Treasury
Multicultural organisations
Welfare organisations
Committee to which bill is to be referred:
Senate Community Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
7 November 2016
(signed)
Senator Anne Urquhart
APPENDIX 10
Proposal to refer a bill to a committee:
Name of bill:
Treasury Laws Amendment (Enterprise Tax Plan) Bill 2016
Reasons for referral/principal issues for consideration:
To examine the economic impact of the Bill.
To examine the social impact of the Bill.
Possible submissions or evidence from:
Economists.
Business groups.
Civil society groups.
Trade unions.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Weeks starting 19 September, 26 September, 3 October
Possible reporting date:
Week starting 10 October
(signed)
Senator Rachel Siewert
APPENDIX 11
Proposal to refer a bill to a committee:
Name of bill:
Treasury Laws Amendment (Income Tax Relief) Bill 2016
Reasons for referral/principal issues for consideration:
To examine the economic impact of the Bill.
To examine the social impact of the Bill.
Possible submissions or evidence from:
Economists.
Business groups.
Civil society groups.
Trade unions.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Weeks starting 19 September, 26 September, 3 October.
Possible reporting date:
Week starting 10 October
(signed)
At the end of the motion, add, "but,
(1) in respect of the provisions of the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill 2016 and the Social Services Legislation Amendment (Family Payments Structural Reform and Participation Measures) Bill 2016 the Education and Employment Legislation Committee report by 22 November 2016;
(2) in respect of the provisions of the National Disability Insurance Scheme Savings Fund Special Account Bill 2016 the Community Affairs Legislation Committee report by 7 November 2016; and
(3) in respect of the provisions of the Social Services Legislation Amendment (Budget Repair) Bill 2016, the Community Affairs Legislation Committee report by 7 November 2016.".
Paragraphs (1) and (3) omit the dates, substitute "10 October 2016''
The Senate divided. [12:03]
(The President—Senator Parry)
That the Economics Legislation and References Committees be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sitting of the Senate today, from 3.30 pm.
That leave of absence be granted today to Senator Farrell for today, 15 September 2016, for personal reasons.
That—
(a) government business orders of the day as shown on today's order of business be considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) 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. 59 standing in the names of Senators Xenophon, Griff and Kakoschke-Moore relating to Commonwealth procurement; and
(b) orders of the day relating to documents.
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 8 November 2016:
The nature and scope of the consultations prior to the making of the Legal Services Amendment (Solicitor-General Opinions) Direction 2016, with particular reference to:
(a) the extent to which any consultation drew on the knowledge or expertise of persons having expertise in the relevant fields;
(b) whether persons likely to be affected by the proposed instrument had adequate opportunity to comment on its content;
(c) the form of the consultation, including whether any written submissions were sought;
(d) the timing of when any consultation occurred; and
(e) any related matter.
The Senate divided [12:14]
(The President—Senator Parry)
That, on Thursday, 15 September 2016:
(a) the hours of meeting shall be 9.30 am to adjournment; and
(b) if the Budget Savings (Omnibus) Bill 2016 has not been finally considered by 6 pm:
(i) consideration of committee reports, government responses and Auditor-General's reports under standing order 62(1) and (2) shall not be proceeded with,
(ii) the routine of business from not later than 6 pm shall be government business only and the order of the day relating to the Budget Savings (Omnibus) Bill 2016 have precedence over all other government business until determined,
(iii) divisions may take place after 4.30 pm, and
(iv) the Senate shall adjourn after it has finally considered the bill listed above, or a motion for the adjournment is moved by a minister, whichever is the earlier.
The Senate divided. [12:23]
(The President—Senator Parry)
That the following matter be referred to the Community Affairs References Committee for inquiry and report by 25 November 2016:
The operation of the Aged Care Funding Instrument, with particular reference to:
(a) its effectiveness in providing quality care;
(b) covering costs of care; and
(c) any other related matters.
That consideration of the business before the Senate on Tuesday, 11 October 2016, be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator Kakoschke-Moore to make her first speech without any question before the chair.
Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Bill 2016
That the following bill be introduced: A Bill for an Act to amend the Basin Plan 2012 in relation to the notification of supply and efficiency measures for the adjustment of the long-term average sustainable diversion limits, and for related purposes.Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Bill 2016 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Australian government is committed to implementing the Murray-Darling Basin Plan in ways that deliver the best social, economic and environmental outcomes for the Basin and its many industries and communities. Water is essential to our agricultural production, and the associated wealth supports regional communities and the nation.
This bill provides more time for Basin jurisdictions to work together to maximise the benefits of the sustainable diversion limit adjustment mechanism—a key element of the Basin reforms. This will ensure that we get the reforms right. It will ensure the reforms are equitable and that they support the health of our valuable rivers, while also ensuring the communities and industries that rely on the rivers flourish into the future.
In 2012, the Basin Plan set out sustainable diversion limits at both a Basin-wide and individual catchment scale. At the time, these sustainable diversion limits represented the Murray-Darling Basin Authority's best judgement on a triple bottom line balance between healthy rivers, strong communities and a prosperous Basin economy. Before the Basin Plan was finalised, Basin water ministers requested that the Basin Plan include a mechanism to allow flexibility in setting the sustainable diversion limits in ways that further enhance social, economic and environmental outcomes. As a result the sustainable diversion limit adjustment mechanism was incorporated in to the Plan to enable the Basin-wide sustainable diversion limit for surface water of 10,873 gigalitres per year to be changed by up to five per cent.
These adjustments can be achieved through two types of measures. Supply measures are projects that enable environmental outcomes equivalent to those in the Basin Plan to be achieved using less environmental water. The bigger the supply contribution from the sustainable diversion limit adjustment, the smaller the remaining amount of water that needs to be recovered. Efficiency measures, on the other hand, are intended to enhance Basin Plan environmental outcomes through infrastructure projects that recover more environmental water without adverse socio-economic impacts.
Basin States are also looking at options for easing river bottlenecks that limit how much water can flow through the system at any one time, in order to achieve Basin Plan environmental outcomes with less water. Basin State governments are continuing to work through the feasibility of these projects with landholders to ensure that any adverse third party impacts can be avoided or otherwise mitigated to the satisfaction of landholders and communities.
On 5 May 2016, Basin Governments reached a major Basin Plan milestone by formally notifying the Murray-Darling Basin Authority of 36 supply and efficiency measures for consideration under the sustainable diversion limit adjustment mechanism. The notified package is intended to improve the social, economic and environmental outcomes of the Basin Plan. The Authority is now modelling the effect of these supply measures to determine how they will affect the sustainable diversion limits. While the notification of this package of measures was a significant step, Basin governments think more can be done, and this bill will enable us to provide for that.
This bill amends the Basin Plan to allow Basin States to notify a second package of sustainable diversion limit adjustment measures by 30 June 2017. This provides additional time for Basin jurisdictions to work-up new projects that augment the first package of measures.
In setting this timeframe, the Australian government is conscious that Basin governments are considering the potential for 'complementary measures', such as measures to control carp and boost native fish populations, to be considered under the sustainable diversion limit adjustment mechanism. There is a potential for significant environmental outcomes to be achieved through measures other than simply adding more water. Should Basin governments agree to proceed in this way, the timeframes set out in this bill will be sufficient for the development of such measures by Basin jurisdictions, and for the subsequent assessment of these measures by the Murray-Darling Basin Authority.
Of course, when undertaking reform as critical as the Basin Plan, timing is critical. The Basin Plan sustainable diversion limits are to come into effect from 1 July 2019 and, to achieve this, accredited water resource plans need to be in place and remaining water recovery targets need to be met. These processes all take time and certainty on the adjustment of sustainable diversion limits is required as early as possible. Therefore, while it is important to allow more time to get the most out of the adjustment mechanism, it is also imperative that Basin jurisdictions are afforded the time and certainty that they need to complete their water resource plans in 2019.
For this reason, the bill requires that the Murray-Darling Basin Authority present its determination of the proposed sustainable diversion limit adjustment to the Commonwealth Minister by 15 December 2017.
A determination deadline of 15 December 2017 will ensure that the adjustment operates in sufficient time to provide certainty for those key processes that depend on a timely outcome from the adjustment mechanism. To meet this deadline, the Murray-Darling Basin Authority will need to impose cut-off dates for project amendments well beforehand. However, the Australian government remains confident that all Basin jurisdictions will continue to work cooperatively together and with the Murray-Darling Basin Authority in securing the best possible outcome.
To ensure Basin jurisdictions are able to develop a suite of further projects by 30 June 2017, they must have certainty that the second notification will occur. This bill expedites the amendment process in sufficient time to provide this certainty.
This bill continues the Government's commitment to sensible and considered water reform. It strikes the appropriate balance between providing more time to deliver the best possible outcomes of the adjustment mechanism, while at the same time achieving the best possible outcomes for Basin industries, for Basin communities and for healthy, working Basin rivers.
The Australian government is determined to implement the Basin plan in a manner that ensures the economic and social wellbeing of our Basin communities, while achieving environmental objectives. Farmers are the primary environmental stewards of the land and no one knows the creeks, rivers, wetlands and flood plains of the Basin better than those communities that call the Basin home. It is vital that we work with them to ensure the sustainable use of the water resources into the future.
Counter-Terrorism Legislation Amendment Bill (No. 1) 2016
Criminal Code Amendment (Firearms Trafficking) Bill 2016
Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016
That the following bill be introduced: A Bill for an Act to amend the law relating to counter-terrorism, and for related purposes, the Counter-Terrorism Legislation Amendment Bill (No. 1) 2016 , a Bill for an Act to amend theCriminal Code Act 1995 , and for other purposes, theCriminal Code Amendment (Firearms Trafficking) Bill 2016 anda Bill for an Act to amend theCriminal Code Act 1995 , and for related purposes, theCriminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 .
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.
COUNTER-TERRORISM LEGISLATION AMENDMENT BILL (NO. 1) 2016
The Counter-Terrorism Legislation Amendment Bill (No. 1) marks an important step in the government's efforts to further strengthen Australia's robust national security laws and counter-terrorism framework. It is broadly the same as the Bill of the same title introduced into the Senate in November of last year—with the important additions of further safeguards recommended by the Parliamentary Joint Committee on Intelligence and Security.
Australians currently face the most significant threat from terrorism in our nation's history. The Australian Government continues to work diligently towards combatting the threat we face from terror groups and individuals, both overseas and at home. Sadly, by any measure, the threat we face has only risen.
Around 110 Australians are currently fighting or engaged with terrorist groups in Syria and Iraq. At least 58, and potentially as many as 66, Australians are believed to have been killed in the conflict, while approximately 40 Australians have returned to Australia after travelling to Syria or Iraq and joining groups involved in the conflict. Some of these returnees remain a significant security concern.
There are about 200 people in Australia being investigated for providing support to individuals and groups in Syria or Iraq, including through funding and facilitation, or are seeking to travel.
The National Terrorism Threat Level for Australia is Probable. This means there is credible intelligence that indicates that individuals or groups have developed both the intent and capability to conduct a terrorist attack in Australia. Since 12 September 2014, when the national terrorism threat level was raised, 48 people have been charged as a result of 19 counter‑terrorism operations around Australia. That's over half of all terrorism-related charges since 2001.
These numbers highlight the significance of the threat we face.
One of Australia's greatest strengths is our harmonious, diverse, multicultural, multi-faith community. This must be preserved and protected.
The measures introduced in this Bill reflect operational learnings from recent counter-terrorism investigations. The Bill also includes a number of recommendations from the Council of Australian Governments Review of Counter-Terrorism Legislation.
The Bill seeks to maintain a careful balance between enhancing our law enforcement capabilities and protecting individual rights. To this end, the Bill reflects the Government's acceptance of the recommendations of the Parliamentary Joint Committee on Intelligence and Security on the 2015 Bill. The provisions complement the earlier tranches of counter‑terrorism measures introduced by this Government since 2014.
The Bill strengthens Australia's already robust counter‑terrorism laws in several key areas.
Schedule 2 – Control orders for young persons
First of all, the Bill amends the existing control order scheme to provide that a control order may be issued against a young person from the age of 14 years.
Recent experience, including law enforcement operations, has shown that young persons can pose a significant risk to national security through their involvement in planning, supporting, and executing terrorist acts.
Regrettably, recent events demonstrate the necessity of our law enforcement agencies being able to access the full suite of measures in relation to young persons.
Australia's national security legislation must provide law enforcement with appropriate tools to ensure the safety of the public and to ensure they are well equipped to respond to, and prevent, terrorist acts. This is the case even where the threats are posed by people under the age of 18.
A control order would only be issued against a person aged under 18 in the rare circumstances that it was required to:
The Bill retains the existing safeguards in relation to young persons and introduces important new provisions applicable to 14 to 17 year olds. These include:
In response to Recommendation 2 of the Parliamentary Joint Committee on Intelligence and Security's advisory report, the Bill includes a requirement for the Australian Federal Police to advise all people subject to a control order of their right to obtain legal advice and legal representation. This provision will improve the safeguards not only for young people, as recommended by the Committee, but for all people who are subject to control orders. I am circulating a Government amendment providing that if a young person to which this section applies is not legally represented, the Court will appoint a legal representative for that person.
Schedules 8, 9 and 10 – New monitoring powers
Schedules 8 to 10 contain amendments to Commonwealth legislation to ensure law enforcement agencies can monitor compliance with control orders.
With the increased use of the control order regime to address the risk posed by foreign fighters, these measures will ensure that we can effectively monitor compliance with the obligations, restrictions and prohibitions imposed by control orders.
The amendments will ensure investigative tools are sufficiently adapted to monitoring the risk of possible breaches of control orders.
Warrants will be available for the purposes of:
These powers will only apply to individuals subject to a control order. Importantly, in response to recommendations of the Parliamentary Joint Committee on Intelligence and Security, the use of these powers will be subject to oversight from the Commonwealth Ombudsman.
Schedule 15 – National security information
Schedule 15 provides a broader range of options for protecting national security information that is used in control order proceedings.
With the increased tempo of counter-terrorism operations, it is sometimes necessary for our law enforcement agencies to take action earlier to protect community safety. To prevent death or serious harm, agencies may need to act before a full brief of evidence can be developed.
Consequently, those agencies will need to place a greater reliance on information from intelligence partners and sensitive sources.
The changes introduced in this Bill will provide greater protection to national security information that is considered in control order proceedings. This is vital in order to maintain critical intelligence partnerships and to protect sensitive capabilities.
These provisions amend existing arrangements for the protection of sensitive information whilst balancing the rights of individuals involved. They will provide the court with a discretion to consider very sensitive national security information in support of a control order application that is not shown to the subject of the control order proceeding or their legal representative. However, the Bill reflects the Government's acceptance of Recommendation 4 of the Parliamentary Joint Committee on Intelligence and Security on the 2015 Bill, to make clear that the subject of the control order proceeding must be provided with sufficient information about the allegations against them on which the control order is based to enable effective instructions to be given in relation to those allegations.
In addition, the Government has implemented Recommendation 5 of the Parliamentary Joint Committee on Intelligence and Security to create a special advocate role to represent the interests of persons subject to control order proceedings where the subject and their legal representative have been excluded from hearing or seeing sensitive national security information. The special advocate provides an important safeguard in ensuring that the procedural rights of the subject of a control order proceeding are upheld.
Whilst the Bill creates the architecture for a special advocate role, some time will be needed for the supporting regulations and administrative arrangements to be established for the regime to work. The Government will work swiftly to ensure these arrangements are put in place as soon as possible.
Consistent with the recommendation of the Committee, the provisions in the Bill providing for the protection of sensitive information in control order proceedings will commence without delay. The court will be able to continue to exercise its inherent powers to appoint a special advocate on an ad hoc basis.
Schedule 11 – Offence of advocating genocide
To address the negative impact of hate preachers, Schedule 11 introduces a new offence of advocating genocide.
The Australian Government is doing everything it can to tackle the threat posed by those who justify terrorism and who radicalise and recruit people to take part in terrorism.
The Australian Government has a long and deep commitment to free speech. But the community cannot allow the advocacy of terrorism or of genocide, which is the incitement to murder an entire population, not an exercise of free speech.
In the current threat environment, the use of social media by radical Islamist proselytizers means the speed at which persons can become radicalised and could prepare to carry out acts in response to a call to commit genocide may be accelerated.
Law enforcement agencies require tools to intervene earlier in the radicalisation process to prevent and disrupt further engagement in terrorist activity. This new offence is intended to be one of those tools.
Schedule 18
Schedule 18 implements all of the recommendations made by the Independent National Security Legislation Monitor in his report on section 35P of the ASIO Act.
These amendments will introduce new protections to section 35P by establishing two separate offence regimes, with one regime to apply to persons who came to the knowledge or into the possession of the relevant information in their capacity as an entrusted person and a separate regime for 'outsiders'.
Under these new regimes the disclosure of information made by members of the community, except those who received information in their capacity as an entrusted person, will only constitute an offence if the information will endanger the health or safety of a person or prejudice the effective conduct of a special intelligence operation.
The amendments will also establish a defence of prior publication available only to persons who did not receive the relevant information in their capacity as an entrusted person.
It is critical that ASIO continues to have the tools and capabilities, such as the use of special intelligence operations, available to them in order to effectively combat the significant terrorism and espionage threats that Australia faces.
Indeed, in making his recommendations the Monitor agreed that it is appropriate to retain disclosure offences, and that the special intelligence operation scheme is both necessary and proportionate.
The Government understands the importance in maintaining public awareness of, and confidence in, the activities of our security agencies. The decision to implement all of the Monitor's recommendations regarding section 35P in full further demonstrates our commitment to ensuring that we are achieving the right balance between the public interest and our national security requirements.
Concluding remarks
The Government is committed to ensuring that Australia's national security laws and counter-terrorism framework are as robust as possible.
This Government has worked closely with the states and territories to ensure that Australia's counter-terrorism framework is as good as it possibly can be. Countering terrorism and violent extremism is a priority for all Australian governments. We greatly appreciate the ongoing cooperation of the states and territories in this endeavour.
Consistent with the legislative reforms made in 2014 and early 2015, the Government continues to monitor the adequacy of our legislation and will develop further necessary legislative amendments.
We will continue to take on board operational learnings and ensure that Australia's counter-terrorism framework adapts to the constantly changing threat environment.
The Australian Government is committed to fulfilling its most important responsibility—protecting Australia, its people and its interests. We will continue to do so while instilling confidence that our national security and counter-terrorism laws will be exercised in a just and accountable way, consistent with the values of a free and open society.
This Bill demonstrates the Australian Government's determination to address, proactively and effectively, the constantly evolving threats to our national security.
CRIMINAL CODE AMENDMENT (FIREARMS TRAFFICKING) BILL 2016
At the 2016 election the Coalition Government reaffirmed its commitment to the Australian people to implement tougher criminal penalties for gun-related crime.
The criminal misuse and trafficking of firearms is a deadly crime and an ongoing threat to the safety of our communities.
We know that criminals use these weapons to protect their interests such as drugs, or to commit acts of violence.
The imperishable nature of firearms and the ongoing supply of firearms to the illicit market mean they remain a serious threat to the Australian community.
Now, more than ever, we must do everything in our power to ensure the ongoing safety and security of all Australians.
That is why the Coalition is determined to introduce measures to double the existing maximum penalties for firearm trafficking to 20 years imprisonment and implement 5 year mandatory minimum sentences.
This sends the strongest possible signal that we will not tolerate gun crime.
But time and time again, those opposite have blocked these tough measures – playing politics with the safety of every Australian.
Labor claims that mandatory minimums should be avoided. The member for Batman, former shadow for the Justice portfolio told the Parliament: "…it is laid out in the Australian Labor Party's national platform that it is the strongly-held view of my party that mandatory minimum sentencing is often discriminatory in practice …. So we oppose mandatory sentencing."
But, when they were in Government they introduced mandatory minimum sentences for people smuggling offences.
They have confirmed what we already know – Labor is not prepared to do what it takes to get on with keeping Australians safe.
While Labor goes soft on gun crime, the Coalition Government is getting on with delivering what it promised to the Australian people – a safer and more secure nation.
Details on the Bill
This Bill will introduce a mandatory minimum sentence of five years imprisonment for offenders convicted of trafficking firearms or firearms parts under the Criminal Code Act 1995 .
Mandatory minimums send a strong and clear message that gun‑related crime and violence will not be tolerated.
The mandatory minimums will capture all offenders who engage in the illicit firearms trade, not just those who trade in large numbers of firearms or parts.
However, these mandatory minimum penalties are not without safeguards. They will not apply to minors and will not specify a minimum non-parole period - that decision will remain at the discretion of the sentencing judge, enabling the circumstances of the individual to be taken into account.
In addition to the mandatory minimum sentence, this Bill will also increase the maximum penalties for firearms trafficking to 20 years' imprisonment, 5,000 penalty units or both – double the current penalty.
The increased maximum penalty will ensure that the most serious instances of trafficking firearms within, into or out of Australia are matched by appropriate punishments.
This combination of penalties will be a strong deterrent against people seeking to illegally import firearms and their parts into Australia. The amended penalties will more adequately reflect the serious nature and potential consequences of supplying firearms and firearm parts to the illicit market.
Other measures to deal with illegal firearms
This bill is just one of the measures that the Government has taken to address the serious problems arising from illegal firearms.
Under Labor we saw savage cuts to customs, the AFP and the Australian Crime Commission - a 25% reduction in sea cargo inspections and a 75% decrease in air cargo inspections.
When we came to government, the Coalition boosted funding for our law enforcement and security agencies, including $88 million for the Australian Border Force to boost inspections at our border.
We continue to invest significantly to ensure that our law enforcement agencies have the tools and powers they need to keep Australia safe.
For example, the Government recently announced an additional $25.4 million to fund the expansion of the AFP's National Forensics Rapid Lab. This will enhance the AFP's capacity to detect and seize illegal firearms and target the criminal syndicates that peddle them.
Since coming to Government, we have also invested $116 million in the National Anti-Gang Squad, which targets organised crime groups within Australia – particularly their role in firearms trafficking.
Through the Squad, the Government has fostered unprecedented cooperation between federal, state and territory law enforcement agencies, which to date has resulted in 583 illegal guns being taken off our streets.
Earlier this month, the Victoria Strike team of the NAGS, Victoria police and their international counterparts seized a significant number of firearms and firearms parts that had been illegally trafficked into Australia by a criminal syndicate.
A member of that syndicate has now been charged under tough new laws introduced by the Coalition Government last year.
These new laws closed a loophole that allowed criminals to avoid prosecution – making international firearms trafficking a serious criminal offence and extending the offences to include firearms parts, as well as whole firearms.
If the Coalition Government had not acted to strengthen these laws, these dangerous criminals could have evaded penalty.
These measures demonstrate the Coalition's commitment to tough action on gun crime.
We will continue to pursue our legislative agenda to keep our communities safe.
CRIMINAL CODE AMENDMENT (HIGH RISK TERRORIST OFFENDERS) BILL 2016
The Criminal Code Amendment (High Risk Terrorist Offenders) Bill introduces a framework into Part 5.3 of the Commonwealth Criminal Code that will provide for the continued detention of high risk terrorist offenders serving custodial sentences who are considered by a court to present an unacceptable risk to the community.
Terrorism poses a serious threat to Australia and its people. There have been 19 counter‑terrorism operations since September 2014, resulting in the charging of 48 persons. Across the jurisdictions, there are a total of 15 terrorist offenders serving a custodial sentence and 37 persons before the courts.
While a majority of states and territories, as well as international counterparts including the United Kingdom and New Zealand, have enacted post-sentence preventative detention regimes dealing with high risk sex and/or violent offenders, there is no existing Australian regime for managing terrorist offenders who may continue to pose an unacceptable risk to the community following the expiry of their sentence. Law enforcement agencies can seek to rely on control orders to manage the risk of terrorist offenders upon their release from prison. However, there may be some circumstances where, even with controls placed upon them, the risk an offender presents to the community is simply too great for them to be released from prison. This is a significant public safety issue.
Commonwealth, State and Territory Governments are committed to ensuring that Australia's counter‑terrorism framework remains responsive to the evolving national security threat. At a Council of Australian Governments' meeting in April, States and Territories agreed in principle for the Commonwealth to lead the process of developing a post‑sentence preventative detention regime that could apply uniformly across all jurisdictions.
On 5 August, I met with State and Territory Attorneys‑General to discuss this issue. The jurisdictions agreed in principle to the creation of a national post-sentence detention regime on the terms of the Commonwealth draft Bill. Subsequent to this meeting, jurisdictions have now agreed to the provisions of the Bill in accordance with the Inter‑Governmental Agreement on Counter-Terrorism Laws, which underpins the existing referrals of power on counter-terrorism matters by the States to the Commonwealth.
The Commonwealth considers that the new framework has a sound constitutional foundation. Out of an abundance of caution, however , I have asked my State counter-parts to enact amendments to existing referrals of power relating to Part 5.3 of theCriminal Code to make explicit that State support extends to the post‑sentence preventative detention regime.
The regime is modelled closely on existing State and Territory post‑sentence detention regimes for high risk sex and/or violent offenders. I thank the jurisdictions for the collaborative spirit in which this Bill has been developed.
The object of the Bill is to ensure the safety and protection of the community by providing for the continuing detention of terrorist offenders serving custodial sentences who pose an unacceptable risk of committing a serious terrorist offence if released into the community upon the expiry of their sentence.
The Bill will enable the Supreme Court of a State or Territory to make two types of detention orders against a person. The first is a continuing detention order, which will enable a person to be detained in prison for up to three years. However, further applications may be made, and there is no limit to the number of such applications. An order can only be made against a person who is currently imprisoned and serving a sentence for specified offences under the Criminal Code , including offences related to international terrorist activities using explosive and lethal devices, treason, serious terrorism or foreign incursions and recruitment.
The second type of order a court can make is an interim detention order, which can last for up to 28 days. An interim detention order will be available in circumstances where the terrorist offender's sentence or existing continuing detention order will end before the court has had an opportunity to determine the continuing detention order application.
The Bill contains significant safeguards to ensure respect for the rule of law. Only the Commonwealth Attorney-General may make an application for a continuing detention order to the Supreme Court of the State or Territory in which the person is currently imprisoned. The Court must be satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious terrorism offence if the offender is released into the community. A serious terrorism offence is an offence in Part 5.3 of the Criminal Code that carries a maximum penalty of seven or more years of imprisonment. The Court must also be satisfied that there is no other less restrictive measure that would be effective to ensure community safety against the risk the person presents.
A continuing detention order is appealable and must be reviewed every 12 months. Furthermore, a person must be at least 18 years old when their original sentence ends and cannot be accommodated or detained in the same area of a prison as persons serving ordinary sentences of imprisonment except in certain circumstances.
Commonwealth, State and Territory Governments are committed to ensuring that Australia's counter‑terrorism framework remains responsive to the evolving national security threat. This Bill forms part of the Government's comprehensive reform agenda to ensure Australia's counter‑terrorism framework is effective in keeping the Australian community safe.
To enable the Parliament to give full consideration of this important Bill, I am writing to the Parliamentary Joint Committee on Intelligence and Security to ask it to examine this Bill, and to make recommendations. The Government will also continue its valuable work with the States and Territories on this important scheme to protect the community while ensuring the appropriate safeguards consistent with the rule of law in a free and open society.
That these bills be listed on the Notice Paper as separate orders of the day.
(1) That so much of standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and that consideration of each of the bills be resumed at the stage reached in the last session of the previous Parliament:
Australian Centre for Social Cohesion Bill 2015
Automotive Transformation Scheme Amendment (Securing the Automotive Component Industry) Bill 2015
Charter of Budget Honesty Amendment (Intergenerational Report) Bill 2015
Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2015
End Cruel Cosmetics Bill 2014
Guardian for Unaccompanied Children Bill 2014
Independent National Security Legislation Monitor (Improved Oversight and Resourcing) Bill 2014
Migration Amendment (Free the Children) Bill 2016
Mining Subsidies Legislation Amendment (Raising Revenue) Bill 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
National Integrity Commission Bill 2013
Private Health Insurance Amendment (GP Services) Bill 2014
Recognition of Foreign Marriages Bill 2014.
Great Australian Bight Environment Protection Bill 2016
That the following bill be introduced: A Bill for an Act to protect the Great Australian Bight environment, and for related purposes. Great Australian Bight Environment Protection Bill 2016 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Bill is designed to protect the Great Australian Bight from proposed drilling for oil that BP and other mining companies are proposing to undertake.
Regional South Australian primary industry groups, eco-tourism operators, traditional owners and environmental conservationists have all said that the Great Australian Bight is a national treasure that is too precious to put at risk.
The Parliament has to step in and make sure that this this crucial ecosystem is protected for generations to come and that's why I am introducing a Bill to Parliament.
BP will put this spectacular marine park at risk and, if they're given approval, there are several other companies lining up behind them. Between BP, Chevron, Santos and others it's clear the plan is to turn the Great Australian Bight into an oil mining highway.
What is the point of having marine parks if they're not actually protected? Are no Australian areas safe from oil and gas exploration? Allowing the company responsible for the Gulf of Mexico spill to drill in the Great Australian Bight is a disaster waiting to happen.
The Greens are calling for the decision of National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), the regulating body responsible for drilling approvals, to be delayed so that greater scrutiny of the proposal can be undertaken.
This precious marine ecosystem and numerous local industries, including fisheries and eco-tourism operators, deserve to be protected.
The Bight is an essential calving sanctuary for southern right whales and a feeding ground for threatened sea lions, sharks, tuna and migratory sperm whales.
We can't afford to put all of that at risk.
Astounding results from a Curtin University study recently showed that 172 southern right whales used the Great Australian Bight calving sanctuary in just one July day this year. That is an incredible number of whales and shows why the area must be protected from BP's plans to drill for oil there.
The extremely vulnerable southern right whale population is only just starting to rebound and for BP to be given clearance to drill for oil in the Bight would be an absolute disaster.
I'm worried that the State and Federal Governments' addiction to fossil fuels is putting South Australian interests at risk.
It's clear that an oil spill would devastate local tourism and fishing industries along with this precious whale calving sanctuary.
Our State should not be exposed to a Gulf of Mexico style disaster and the Greens will join with environmental groups, local communities and industry groups to stand up against BP drilling for oil in the Bight.
It's these hard working families, who are hoping to make a little extra income from sustainable and eco-tourism, that will have their livelihoods put at risk if a massive Gulf of Mexico style oil spill is allowed to take place.
It's the fisheries and oyster growers, who rely on clean and pristine sea waters to grow the most delicious produce in the country that will have their businesses put at risk.
It's the traditional owners who have such a deep and enduring connection to the land, who are being side-lined in this debate, that may see their waters and coastline spoiled beyond repair.
And it's the marine life, like the southern right whales and endangered sea lions, who will have their globally significant calving sanctuaries and feeding zones put at risk.
The Australian Greens will stand with the fight for the Bight Alliance, an amazing collection of passionate people and organisations that want to see reason prevail and this precious area protected.
That the Senate—
(a) notes that:
(i) a video in circulation violently threatens a high-profile gun control advocate,
(ii) the individuals in the video have previously been referred to the New South Wales Police for posting violent videos aimed at racial and religious minorities and the Greens, and
(iii) former Prime Minister John Howard performed a courageous act in 1996 by pursuing national gun law reform; and
(b) calls on the Federal Government to:
(i) maintain and strengthen the National Firearms Agreement,
(ii) commit to a ban on the importation and sale of rapid-fire shot guns, and
(iii) show leadership on firearms similar to that shown by Mr Howard, and work with state governments to have firearms laws amended to provide for the immediate cancellation of a firearms licence and surrender of all weapons when a shooter has displayed threatening, intimidating or offensive behaviour associated with their use of firearms.
The Senate divided. [12:40]
(The President—Senator Parry)
Racial Discrimination Law Amendment (Free Speech) Bill 2016
That the following bill be introduced: A Bill for an Act to amend the law relating to racial discrimination, and for related purposes. Racial Discrimination Law Amendment (Free Speech) Bill 2016.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
I introduce the Racial Discrimination Law Amendment (Free Speech) Bill 2016 to repeal section 18C and associated sections.
This will remove the prohibition on insulting, offending, humiliating or intimidating speech based, at least in part, on race, colour, nationality or ethnicity.
This prohibition extends well beyond racial vilification law at the State level, which is confined to outlawing speech that incites hatred towards, serious contempt for, or severe ridicule of, a racial group. And it goes beyond State law that prohibits intimidation.
In going beyond State law, 18C discourages public discussion of important issues such as affirmative action policies. It discourages contributions in line with the outlawed articles of Andrew Bolt, as well as more sensitive and less erroneous contributions. All such contributions are necessary to arrive at the truth.
Supporters of 18C believe it reduces racist abuse, at least of the kind not already outlawed by State law.
However, suppressing racist abuse does not make racist opinions disappear. Rather, it hinders efforts to reform those opinions through robust exchange, making it more likely that they will continue, potentially to manifest in more sinister forms.
Further, assigning authority to imperfect legislators, bureaucrats and judges to distinguish acceptable from unacceptable speech involves the danger that important contributions to public discussion will be lost.
It is far more preferable to limit the role of the State with respect to constraints on speech, to rely on the norms of civil society to discourage racist abuse, and to challenge racist opinions when they are aired.
I commend the Bill to the Senate.
That the Senate—
(a) recognises the immense suffering of survivors of institutional child sexual abuse, and that survivors may be affected by the abuse for their whole lives;
(b) acknowledges that 14 September 2016 marks the one year anniversary of the final report of the Royal Commission into Institutional Responses to Child Sexual Abuse;
(c) calls on the Federal Government to establish a National Redress Scheme for Survivors of Institutional Sexual Abuse, following recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, which include:
(i) the creation of a single national redress scheme, coordinated by the Federal Government, and not outsourcing responsibility to the states, and
(ii) the provision of counselling and financial redress with costs met by the institutions responsible for the perpetrators of the abuse;
(d) notes that:
(i) the Royal Commission into Institutional Responses to Child Sexual Abuse recommended the Government announce a national redress scheme by the end of 2015 and proceed without delay, and
(ii) the Government did not meet this recommended deadline and any further delay puts at risk the recommended start date of 1 July 2017; and
(e) recommends that the Federal Government consult extensively on further details of a national redress scheme to ensure that it fully meets the ongoing and complex needs of survivors and their families.
The Senate divided. [12:50]
(The President—Senator Parry)
Statute Update Bill 2016
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Statute Update Bill 2016 makes minor and technical changes to the Commonwealth statute book to improve its quality and accuracy.
The amendments in the Bill update older Commonwealth provisions to reflect changes in the law and ensure the consistency of those provisions with the legal framework in which they operate.
Schedule 1 updates references to dollar penalties for criminal offences. The amendments remove dollar amounts from penalty provisions and replace them with the appropriate number of penalty units. This ensures that the penalty that appears on the face of a statute is the penalty that actually applies.
Schedules 2, 3 and 4 streamline other aspects of penalty provisions, clarify the evidentiary status of certain certificates and registers, and update references to aircraft registered in accordance with the Civil Aviation Regulations 1988 .
These amendments enhance readability, facilitate interpretation and administration, and promote consistency across the Commonwealth statute book.
That this bill be now read a third time.
Corporations Amendment (Auditor Registration) Bill 2016
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Today, I introduce a Bill which will ensure the ongoing validity of certain auditor registrations from December 2005.
Government regulation of company auditors requires minimum standards of both competence and integrity to help protect investors and other users of financial reports.
This is an important part of a robust financial reporting and auditing framework. Audit quality and independence is important to ensuring the integrity of financial statements. Transparent and credible financial reporting coupled with an effective audit regime underpins confidence in our financial system and is essential for sound and sustainable economic growth.
The Bill remedies the legal uncertainty surrounding the Australian Securities and Investments Commission's (ASIC) approval in November 2004 of an auditing competency standard produced by CPA Australia and the Institute of Chartered Accountants in Australia (now known as Chartered Accountants Australia and New Zealand).
In November 2004 certain administrative requirements which legislation required be followed in relation to ASIC's approval were not met. After 1 December 2005 the legal validity of auditors registered in reliance on that standard has been uncertain.
The Bill remedies this uncertainty by retrospectively validating the registration of auditors registered under the relevant auditing standard. It provides a clear and permanent legislative solution to an issue which has so far been dealt with through a solution which must be periodically renewed. In doing so it reduces compliance costs and increases certainty for business.
The retrospective effect of the amendments will not add any new regulatory requirement. Rather, the retrospective effect of the amendments is necessary to ensure that decisions and actions taken by auditors, ASIC and business which relied upon the enforceability and integrity of the approval are valid. The retrospective operation of the Bill provides certainty for those past decisions and actions.
The Bill will commence the day after the Bill receives Royal Assent.
Finally, the Legislative and Governance Forum on Corporations was consulted in relation to the amendments and has approved them as required under the Corporations Agreement 2002 .
That this bill be now read a third time.
Budget Savings (Omnibus) Bill 2016
Leave out all words after "That", insert:
"this bill be withdrawn and redrafted to provide for budget savings to be made in the areas of fuel tax credits, mandatory data retention, compulsory income management, and abolishing the Wind Farm Commissioner and reinvesting private health insurance rebates into the public health system; rather than those proposed which have a disproportionate impact on lower to middle income households, students, researchers, innovative companies and building clean energy infrastructure."
The doing away of the $500,000 non-concessional life time cap goes even further that than I would have thought. I would have been happy with a $1 million non-concessional cap. Doing away with it is one step better.
… run down any proposal that was designed to get a better deal for its constituents.
We are involved in a proper commercial negotiation with DCNS as the builder of the submarine. DCNS has admitted that probably less than 10 per cent of the work will be done outside Australia.
That the Senate take note of the answers given by the Attorney-General (Senator Brandis) to questions without notice asked by Senators Gallagher and McAllister today relating to superannuation policy.
That the Senate take note of the answer given by the Minister representing the Minister for Agriculture and Water Resources (Senator Canavan) to a question without notice asked by Senator Rice today relating to the backpacker tax.
That the Senate take note of the document.
Budget estimates 2015-16 (Supplementary)—
Economics Legislation Committee—Industry, Innovation and Science portfolio—Additional information received between 17 March and 14 September 2016.
Finance and Public Administration Legislation Committee—Parliamentary departments—Additional information received between 3 May and 13 September 2016.
Additional estimates 2015-16—
Economics Legislation Committee—Additional information received between—
1 March and 14 September—Treasury portfolio.
17 March and 14 September 2016—Industry, Innovation and Science portfolio.
Finance and Public Administration Legislation Committee—Parliamentary departments—Additional information received between 3 May and 13 September 2016.
Foreign Affairs, Defence and Trade Legislation Committee—Additional information received between 4 May and 14 September 2016—
Defence portfolio.
Foreign Affairs and Trade portfolio.
Budget estimates 2016-17—
Economics Legislation Committee—Additional information received between—
1 March and 14 September 2016—Treasury portfolio
17 March and 14 September 2016—Industry, Innovation and Science portfolio.
Finance and Public Administration Legislation Committee—Additional information received between 1 and 13 September 2016—
Finance portfolio.
Parliamentary departments.
Prime Minister and Cabinet portfolio.
Foreign Affairs, Defence and Trade Legislation Committee—Additional information received between 4 May and 14 September 2016—
Defence portfolio.
Foreign Affairs and Trade portfolio.
That the reports be adopted.
Australian Government Response to the
Foreign Affairs, Defence and Trade Committee Report
Mental Health of Australian Defence Force Members and Veterans
September 2016
PREFACE
The Government welcomes the opportunity to provide a response to the Senate Inquiry Report on the mental health of Australian Defence Force (ADF) members and veterans, and acknowledges the useful work and recommendations of the Foreign Affairs, Defence and Trade Committee in conducting this Inquiry.
This Government Response sets out the Government's view on the 25 recommendations made in the Report, including the Minority Report recommendations, and also indicates how the Government intends to address the important task of supporting mental health of current and former ADF members.
Whilst the funding and operational arrangements vary between the Department of Defence (Defence) and the Department of Veterans' Affairs (DVA), arrangements are in place across both agencies for current and former serving veterans to access mental health care when they need it. Through treatment and rehabilitation, Defence and DVA can assist individuals to recover, continue their service within the ADF or return to a meaningful and productive life in the broader Australian community with the recognition and support they deserve following service to their country.
Military service and mental health
As noted to the Committee, military service is a unique experience, both for the personnel who serve and their families who support them. Benefits of service include the protective mental health effects of identity, purpose and camaraderie. Military service also involves sometimes being put in harm's way in the course of duty, and the occupational risks of service can include hardship, stress or danger, whilst on operational deployment, in training environments, providing disaster and humanitarian support or during border protection tasks.
Just like all citizens, there are also the normal challenges of life like career changes, moving house, relationship breakdowns, grief and loss, and growing older that can impact upon mental health and wellbeing. For service personnel leaving the ADF, the transition into civilian life can also be a time of significant adjustment.
It is normal for people to react to risks or challenging events in their lives but sometimes these reactions are a sign of mental health concerns, particularly if the reactions persist or interfere with the ability to engage in normal life. In some cases, reactions or symptoms can emerge many years after an event. Defence and DVA's systems must cater for those who experience mental health concerns while they serve, those leaving the military with a mental health condition, as well as for those whose condition develops many years after service.
Our essential early intervention message for current and ex-serving ADF members is as follows: if you or your family or friends are worried about how you are coping or feeling, then seek help early. We know that the earlier people seek help, the better their prospects for earlier and more successful recovery. If the situation does start to become overwhelming, then seek help straight away. Both Defence and DVA offer comprehensive systems of support that can help you and your family.
This support is ready and available to provide help to those that require it, where and when it is needed, from both Defence and DVA. Should treatment need to be accessed, then both Defence and DVA have the services and funding to make sure it can be provided.
The Government also acknowledges that we need to continue seeking ways to improve our mental health response, in line with advancing knowledge and improved mental health responses.
Going forward
The Government has committed to increase Defence funding by $29.9 billion over the next ten years and to deliver on the 2013 election commitment to return Defence spending to 2 per cent of gross domestic product within the decade. This includes support for ADF personnel by providing them with the advanced training, modern equipment and the health care that they deserve.
Tackling the mental health challenges for veterans and their families is also a pillar of the Government's plan for veterans' affairs. Most recently, this includes the Government commitments to fund $6 million for the Phoenix Australia Institute and $3.1 million for further extensions of access to the Veterans and Veterans Families Counselling Service.
The Phoenix Australia Institute will work collaboratively with experts to improve the quality of mental health care for Australia's veterans. It will achieve this by providing expert clinical advice to practitioners across Australia and by conducting cutting edge research into effective treatments and the mechanisms underlying recovery.
Access to the Veterans and Veterans Families Counselling Service (VVCS) will be further extended to include:
These initiatives build on the measure in the 2016–17 Budget, to provide funding of $46.4 million, to extend non-liability mental health care. This will expand eligibility for treatment for certain mental health conditions to all current and former permanent members of the ADF, irrespective of how long or when they served, or the type of service. Conditions covered by these arrangements are posttraumatic stress disorder (PTSD), anxiety disorder, depressive disorder, alcohol use disorder, and substance use disorder.
Suicide prevention for serving and former serving ADF members at risk and support to the families who have been affected by the tragedy of suicide remains a high priority for the Government. The Government's current suicide prevention strategy includes training to assist at-risk individuals, programs to build resilience, self-help and educational materials, a 24-hour support line, and access to clinical services. The Government is continuing to invest in initiatives to prevent suicide among current and former serving personnel and support those affected by it. As part of the 2016-17 Budget, funding of $1 million has been provided to continue the suicide awareness and prevention workshops and to pilot an alternative approach to suicide prevention in the veteran community. This is in addition to the $187 million a year that the Government already spends in relation to veteran mental health.
On 11 August 2016, the Government also announced that in North Queensland, the first Suicide Prevention Trial Site will be established. This will occur through the North Queensland Primary Health Network and the trial will focus on veterans' mental health. This will be one of 12 innovative, front-line trials in our fight against suicide which will improve understanding of the challenges and work to develop best-practice services which we can be applied nationwide.
A Review of Self-harm and Suicide Prevention for Current and Former Serving ADF members
The Senate Committee Report has usefully highlighted some areas for attention by Government, and the Government welcomes the contribution of the Committee in many of the recommendations it has made. While the Committee Report has been able to cover some aspects of mental health for this population, the Government considers that given the complexity of the issues, more work is required to review the effectiveness of self-harm and suicide prevention in current and former serving ADF personnel. While the Senate Committee Report did cover some aspects of the issue of self-harm and suicide prevention, none of its recommendations directly addressed this topic.
The Government also recognises that some time has passed since Professor David Dunt's reports, the Review of Mental Health Care in the ADF and Transition Through Discharge and theIndependent Study into Suicide in the Ex-Service Community , both delivered in early 2009. Since these reports, the Government has implemented a number of important initiatives to assist members and former members of the ADF who may be at risk of suicide and to help combat this serious problem and directly address suicide prevention in ADF personnel and veterans.
However, suicide prevention is an intensely complex policy area, and needs concerted and continued attention across all aspects of the mental health and social services system. While both Defence and DVA have implemented comprehensive suicide prevention strategies, our knowledge of this important issue is also continually being updated and improved. Over the past few decades, we have learnt much more about self-harm and suicide prevention. We also know that in Australian society just like other countries, we have been working towards addressing stigma around mental health problems and seeking help, including for concerns about self-harm and suicide.
The Government has asked the National Mental Health Commission to review the effectiveness of self-harm and suicide prevention strategies for current and former serving members of the ADF. The work of the Commission will provide further information and advice to Government to help focus future activity, so that current and former members of the ADF can receive the recognition and support they deserve following service to their country.
In terms of responding to the recommendations, the following responses have been used throughout this document.
Recommendation 1
The committee recommends that Defence conduct annual screening for mental ill-health for all ADF members.
Government Response
Agreed in principle
The Government agrees with the principle of screening for mental ill-health for ADF members, but does not agree with screening being conducted annually as a compulsory requirement because this would further entrench stigma and challenges of encouraging ADF members to identify and seek help early.
The Government agrees with the Committee that early identification and treatment of mental ill-health will lead to better health outcomes and is less likely to negatively impact upon a member's career rather than leaving a condition untreated. It further agrees on the importance of ensuring that ADF mental health screening, awareness, early intervention and treatment programs are available to all ADF members regardless of their deployment status.
A primary aim of mental health screening is to facilitate early intervention for treatment of mental health problems and mental illness. It does not prevent the development of a diagnosed mental health condition at either the time of the screen or at a later date. Mental health screening does provide an opportunity to identify symptoms and enable them to be addressed before they become entrenched and cause broader psychosocial problems for the individual.
Defence already operates a comprehensive screening program that focuses on operational deployment and exposure to potentially traumatic events, and is exploring ways to extend and enhance this program through an ADF Mental Health Screening Continuum that will use a stepped approach to most effectively result in screening for all ADF personnel, regardless of their deployment status.
Elements of the ADF Mental Health Screening Continuum will include:
The Government supports Defence in its development of the ADF Mental Health Screening Continuum in a manner that will optimise the early identification of mental health problems and provide all ADF members with a stepped approach to appropriate early intervention, better self-management and improved access to care at the earliest possible opportunity.
Recommendation 2
The committee recommends that the Australian National Audit Office conduct an audit into the scope and accuracy of recordkeeping of relevant clinical information collected or recorded during deployment regarding mental ill-health or potentially traumatic incidents.
Government Response
Noted
The Government will advise the Auditor-General to consider this recommendation.
Recommendation 3
The committee recommends that all veterans be issued with a universal identification number and identification card that can be linked to their service and medical record.
Government Response
Partly Agreed
The Government agrees that a better link should be provided between DVA clients and their service and medical records, but does not agree with an identification card.
In relation to a universal identification number, DVA has initiated an Early Engagement Model supported by the Department of Defence. Under this Model, Defence will make basic personal information for all ADF members who join after 1 January 2016 available to DVA. This will include their Defence identification number known as the Personnel Management Key Solution (PMKeyS) number. This program of work will enable DVA to recognise members by their Defence identification number.
Information, including the PMKeyS number, will also be collected when a member separates from the ADF and at other evidence and event-based trigger points during a member's career. Over time, DVA will have the details of most current and former ADF members and be able to identify them by their PMKeyS number. However, not all DVA clients have a PMKeyS number, such as clients whose service ended prior to the introduction of PMKeyS in 1997 and dependant clients.
In relation to an identification card, the Government does not agree with issuing veterans with separate identification cards as DVA already issues eligible members with treatment cards. The arrangements for use of the PMKeyS number under the Early Engagement Model, however, will provide the link between identification and a member's service and medical records.
Recommendation 4
The committee recommends that the Department of Health and the Department of Veterans' Affairs ensure that e-health records identify veterans and that GPs are encouraged to promote annual ADF Post-discharge GP Health Assessment for all veterans.
Government Response
Partly Agreed
The Government agrees that e-health records should identify veterans and agrees with promoting the ADF Post-discharge GP Health Assessment after discharge from the military as the basis of ongoing primary care in civilian life.
In relation to e-health records, a self-identifying 'Veteran and Australian Defence Force Status' indicator has been available in the My Health Record system (formerly the Personally Controlled Electronic Health Record) since 30 November 2014. This indicator alerts participating healthcare providers that their patients may be eligible for DVA services.
In relation to GP Health Assessments, DVA has already worked with two main GP software providers to incorporate an ADF indicator into their programs. Where a patient is identified as ex-ADF, GPs will be reminded to encourage the veteran to undertake a GP Health Assessment. DVA is promoting the assessment to GPs, to encourage the assessment's uptake with their veteran patients.
The GP Health Assessment is promoted as an assessment to be undertaken after discharge rather than being undertaken annually (although it can be undertaken once in a person's lifetime at any time). The aim is to facilitate the identification of any health problems after discharge from the military and establish a relationship between the former ADF personnel and the GP for ongoing primary care in civilian life under the Medicare system.
The Government has also committed $6 million to the Phoenix Australia Institute to work collaboratively with experts to improve the quality of mental health care for Australia's veterans. This encompasses mental health at the primary care level, including to assist GPs.
Recommendation 5
The committee recommends that Defence and DVA contact ADF members and veterans who have been administered mefloquine hydrochloride (mefloquine) during their service to advise them of the possible short-term and long-term side effects and that all ADF members and veterans who have been administered mefloquine during their service be given access to neurological assessment.
Government Response
Agreed in principle
The Government agrees that ADF members and veterans who have been administered mefloquine should continue to be advised of its possible side effects, and agrees that appropriate neurological assessments should continue to be available.
In relation to providing advice to serving members and veterans about mefloquine, the Government will support, and build awareness of the support available, to serving and ex‑serving ADF members and their families. Specifically, the Government will:
In relation to the second part of the recommendation regarding neurological assessments, the Government notes that this is already available to serving members and veterans.
Defence has developed and implemented clinical guidelines to assist Defence doctors to assess serving members who present with concerns relating to past mefloquine use. The guidelines include the conduct of a neurological examination. Where clinically indicated, the guidelines recommend further specialist neurologist examination and investigations. The guidelines have been shared with DVA.
If any former member is concerned about the effects of mefloquine administered in service, they can lodge a claim with DVA. As part of lodging that claim, they can receive a neurological assessment as deemed clinically necessary by their medical practitioner and/or specialist. Where the Department uses the assessment in its decision, DVA will meet all reasonable costs associated and will assist in the facilitation of the appointment(s).
Much of the public concern has been about the potential of mental side-effects from mefloquine use. The Veterans and Veterans Families Counselling Service provides free, confidential, 24/7 nation-wide counselling and support for eligible current and former ADF members and their families. DVA can also pay for certain mental health treatment whatever the cause under non-liability health care arrangements, covering the conditions of posttraumatic stress disorder, depressive disorder, anxiety disorder, alcohol use disorder, and substance use disorder. From July 2016, this service is available to any current or former permanent member of the ADF.
Recommendation 6
The committee recommends that the report for the Inspector General of the Australian Defence Force's inquiry to determine whether any failures in military justice have occurred regarding the Australia Defence Force's use of mefloquine be published immediately following the completion of the inquiry.
Government Response
Noted
The release of Inspector General Australian Defence Force (IGADF) reports are subject to the Defence (Inquiry) Regulations 1985 . Decisions on release of IGADF Inquiry reports are made on a case-by-case basis, with due regard to privacy and legal issues. The IGADF Inquiry is still ongoing. Once it has been finalised, its release will be considered in accordance with the provisions of theDefence (Inquiry) Regulations 1985 .
Recommendation 7
The committee recommends that the Department of Defence ensure that medical officers and mental health professionals have ready access to records of potentially traumatic events for members following their deployment.
Government Response
Agreed
The Government agrees with the timely and accurate recording of health information related to Defence members and considers that this recommendation is addressed through current health policy and practices within Defence and planned enhancements of the Defence e-health System.
However, it is noted that members may not disclose exposure to a potentially traumatising event, or they may not identify or recognise that experience to be traumatising until sometime after the event, and sometimes even years later. Thus whilst all efforts will be made to ensure that recording of events is occurring in accordance with policy, there can be no guarantees that a full and complete record will be made due to these reasons.
Additionally, in multinational operations where health support is provided by partner nations it is not always possible for the health records generated in these facilities to be provided to the ADF due to differing legislation and consent requirements for those countries. The Return to Australia Medical Screen and Return to Australia Psychological Screen process addresses this problem by documenting self-reported contact with non-Australian medical services, and injuries or exposures to potentially traumatic events that may have occurred during the deployment.
Currently, medical and mental health screening and treatment records that are raised during deployment are paper based and are converted to electronic versions on return to Australia and added to the member's e-health record.
At present the Defence e-health System is only available in the garrison environment, however it will be implemented aboard Royal Australian Navy ships from late this year. Once fully implemented, health professionals aboard ships will be able to record exposures to potentially traumatic events within the system whilst at sea and prior to return to Australia.
Joint Project 2060— ADF deployable health capability, Phase 4 Health knowledge management is addressing the reliance on paper health records in the deployed environment with the eventual goal being a single and contemporary e-health record readily available wherever and whenever required by any Defence health professional.
Recommendation 8
The committee recommends that the DVA Psychologists Schedule of Fees be revised to better reflect the Australian Psychological Societies' National Schedule of Recommended Fees and that any restrictions regarding the number of hours or frequency of psychologist sessions are based on achieving the best outcome and guaranteeing the safety of the veteran.
Government Response
Noted
The Government notes this recommendation.
In relation to fees for psychologists, DVA is currently undertaking a review of its dental and allied health services provided to veterans, as announced in the 2015-16 budget. This review is considering the fees and items currently paid to all allied health and dental providers who treat DVA clients, including psychologists.
In relation to restrictions to the number of hours or frequency of psychologist sessions, DVA funding for mental health services is demand driven and not capped. The number of allied mental health services provided is determined by the health care provider based on the assessed clinical needs of the veteran. The two exceptions to this are group therapy sessions (limited to twelve services per calendar year) and trauma focused therapy (where a case review is required after eight sessions). If more or different treatment is required, then prior approval may be sought from DVA.
Recommendation 9
The committee recommends that eligibility requirements for the Veterans and Veterans Families Counselling Service (VVCS) be consolidated and broadened to include all current and former members of the Australian Defence Force (ADF) and their immediate families (partners, children, and carers).
Government Response
Partly agreed
The Government agrees to expand eligibility to VVCS to include all current and former permanent members of the ADF through White Card arrangements and to include certain family groups.
In relation to VVCS eligibility for current and former serving members of the ADF, the 2016‑17 Federal Budget included a measure to expand and streamline eligibility to non‑liability mental health arrangements. These arrangements provide cover for PTSD, anxiety disorder, depressive disorder, alcohol use disorder and substance use disorder whatever the cause. Under these arrangements, DVA can issue a White Card for the treatment of these mental health conditions, which enables access to a range of mental health services including VVCS. From July 2016, all current and former permanent members of the ADF will be eligible for these non-liability mental health arrangements which include VVCS.
In relation to VVCS eligibility for family groups, the Government has announced its commitment to extend eligibility to VVCS to:
Any decision to further extend eligibility for VVCS services would require additional resources and budget supplementation.
The Government notes that current ADF members have their physical and mental health needs met by the Department of Defence and a range of mental health support is also available through DVA's non-liability arrangements. In addition, there are a range of Commonwealth and State mental health programs which are available to Australian citizens more broadly, including through Medicare.
Recommendation 10
The committee recommends that currently serving ADF members be eligible to access the Veterans and Veterans Families Counselling Service (VVCS) without referral and that the VVCS reporting obligations to the ADF be limited to situations where the VVCS believes that a members' mental ill-health will compromise their safety or the safety of others.
Government Response
Agreed
The Government agrees that eligible ADF members should be able to continue to self-refer to VVCS. The Government notes that VVCS already abides by reporting obligations as outlined in the recommendation.
Eligible ADF members, including those with a DVA White Card for the five mental health conditions outlined in response to recommendation 9, can self-refer to VVCS. In 2014-15, 2,966 current serving ADF members self-referred to VVCS for support.
VVCS is committed to preserving and upholding clients' rights to privacy and confidentiality, and there is no identifiable reporting back to the ADF on those clients who self-refer, unless there are serious safety concerns for the member or others. VVCS is bound by the Privacy Act 1988 and the Australian Privacy Principles.
If Defence refers a serving member to VVCS under a formal agreement, VVCS is required to provide periodic reports regarding the treatment of ADF members to the ADF. The member's consent to this is sought prior to referral to VVCS. In 2014-15, 1,135 ADF members received VVCS support via ADF referrals.
Recommendation 11
The committee recommends that Defence mental health awareness programs do more to emphasise the benefit of early identification and treatment of mental ill-health for an ADF members' long-term career and encourage ADF members to plan beyond their next deployment.
Government Response
Agreed
The Government agrees that education on the early identification and treatment of mental ill‑health is essential in assisting ADF members to make informed choices regarding their health and wellbeing, access to health care and future career decisions.
Defence has a number of existing key mental health promotion messages and awareness programs that already provide information on the early identification of signs and symptoms of mental ill-health and support options available to all ADF members.
Joint Health Command is currently developing a Strategic Communications Plan that will develop more targeted messaging on early presentation and include education for members regarding the Medical Employment Classification system that will address the misperception that "medical downgrading" automatically leads to medical discharge.
The key theme running through all of these programs and initiatives is to seek help early to achieve the best mental health outcomes, rather than just focussing on being deployable. In this way there is less chance of creating a focus on those who have deployed or are likely to deploy.
The Review of Suicide Prevention will include consideration of the range of mental health awareness programs operated by both Defence and DVA, in the context of suicide prevention.
Recommendation 12
The committee recommends that the Department of Defence and the Department of Veterans' Affairs develop a program to engage current and former ADF members, who have successfully deployed after rehabilitation for mental ill-health, to be 'mental health champions' to assist in the de-stigmatisation of mental ill-health.
Government Response
Agreed in Principle
The Government agrees with the principle of de-stigmatising mental ill-health, and encourages early intervention where there are mental health concerns. While the Government does not see it is necessary to develop a new program for mental health champions, it does agree with continued efforts by DVA and Defence to involve current and former ADF members and their families in sharing their experience of mental ill-health and recovery to de‑stigmatise mental ill-health.
As part of DVA's work to continuously improve its rehabilitation framework and service offerings, DVA is reviewing its communication strategy for rehabilitation with the aim of ensuring that the benefits of rehabilitation are promoted to veterans and ex-service organisations, that communication is targeted and effective, and that opportunities are sought to aid in the de-stigmatisation of mental ill-health. Complementary to this work, DVA has already identified and promoted a number of successful stories from veterans who have benefited from their rehabilitation program. DVA will continue to promote rehabilitation success stories.
The Prime Ministerial Advisory Council on Veterans' Mental Health has played an important role in informing both the development of the Government's policy relating to the mental health of the veteran community and to the programs and initiatives that are in place to address this important issue.
DVA already has a number of programs in place whereby former ADF personnel can be of assistance to veterans. These include the Men's Health Peer Education program which raises awareness about men's health issues and encourages men to share responsibility for their own health and wellbeing. A new peer to peer support program is currently being trialled which allows individuals to be suitably matched with peers to receive practical support in managing their mental health and wellbeing.
Defence and DVA also have a strong relationship and shared knowledge built on the development of a range of smart phone applications, web site resources and video resources. Some of these have included presentations and input from ADF and veteran champions. Importantly they have also been informed by many focus groups of ADF members, and have included presentations by current and ex-serving members who have experienced physical and/or mental health injuries from deployed and non-deployment experiences.
The Review of Suicide Prevention will include considerations of stigma and how stigma may continue to be addressed, in the context of suicide prevention.
Recommendation 13
The committee recommends that the Department of Veterans' Affairs be adequately funded to achieve a full digitisation of its records and modernisation of its ICT systems by 2020, including the introduction of a single coherent system to process and manage claims.
Government Response
Agreed in Principle
The Government agrees that DVA needs to undertake a process of digitising records and modernising its ICT systems, acknowledging that many of DVA's critical ICT current systems are out of date and in need of substantial modernisation.
The 2016-17 Federal Budget included a measure worth $24.8 million over forward estimates to design a transformation program for veteran-centric reform that aims to deliver better customer service for veterans, underpinned by better processes and technology. A major overhaul of DVA's ICT systems would underpin significant improvements to the way the Department conducts its business and, consequently, provides services to veterans and their families. $23.9 million has also been allocated in the Budget to enable DVA to maintain its critical compensation processing systems while developing the detailed transformation program.
These budget measures will support DVA's veteran-centric reform, acknowledging the Department and its systems and processes are not as well configured as they should be in order to support veterans and their families. This can amplify concerns for some veterans, if for instance seeking compensation is a prolonged process in order to establish that an injury is related to service. DVA's current reform process is designed to remedy this situation. As noted earlier in this Response, the Government has also expanded access to non-liability mental health arrangements and all current and former personnel with permanent service in the ADF are eligible for these arrangements from July 2016.
Using existing resource allocations, DVA has already commenced a journey of digital transition with regard to paper records, which will take a number of years. In the last two years, DVA has also been reviewing its compensation claims processes and structures. Some streamlining of processes and organisational changes are bringing in improved performance. In addition, valuable work has been completed in analysing existing business processes and identifying future business processes.
At the recent election, the Government committed to establish, as part of the national consultation process, a Forum comprised of advocates, pension officers and others involved in the DVA claims process. This Forum will review the existing claims process with a view to identifying impediments and considering improvements to the system.
Recommendation 14
The committee recommends that the Department of Defence work with ex-service organisations to develop a transition mentoring program, which will connect every veteran with a trained mentor from the ex-service community to assist and guide them through the transition process.
Government Response
Noted
The Government notes that engaging with groups like ex-service organisations can be important during the transitioning process, and Defence recognises this as part of the substantial support it provides to transitioning ADF members.
Defence is committed to ensuring that the men and women of the ADF, and their families, are provided with exemplary support services throughout their career, particularly at times of separation. Defence provides a comprehensive transition support service to ADF members and the recently released Defence White Paper outlines further initiatives that will enhance and increase this service.
The 2016 Defence White Paper notes that Defence will partner with DVA, Australian defence industry, and other ex-service organisations to support those who have been affected by their service to our country to find a new career, ensuring that they are treated with the respect and dignity that their service deserves. Finding a new career will enable our veterans to continue making valuable contributions to their communities once their military service is completed. The Government will make available to all medically separating ADF members an initiative, currently being trialled by Army, which assists them to secure employment in the civilian workforce.
The member-centric program will empower members throughout the transition process by facilitating early engagement with supporting organisations, developing a flexible pathway that meets with the member's preferences and integrates with existing transition programs which would be augmented where required. The program aims to prepare members to be competitive in the civilian job market through a suite of preparatory services and ongoing support.
In addition, Defence will enhance the existing Career Transition Assistance Scheme to better support members transitioning out of the ADF with less than 12 years service, to find new employment ( Defence White Paper).
The Government will also work with ex-service organisations, to ensure that our younger veterans are catered for. Working with ex service organisations, the Prime Minister will convene a forum in Sydney in November 2016 to promote the unique skills veterans can bring to employers and to find more effective ways for organisations to engage veterans and their families in the modern economy.
Noting that transition can be a time of significant adjustment, the Review of Suicide Prevention will include consideration of transition from military to civilian life, and the effectiveness of transition support services and initiatives undertaken by Defence and DVA, in the context of suicide prevention.
Recommendation 15
The committee recommends that the Department of Veterans' Affairs review its rehabilitation assessment policy to ensure that junior-ranked members are not disadvantaged and all veterans are able to access rehabilitation, education, and re-skilling based on their individual needs and abilities and regardless of rank.
Government Response
Partly Agreed
The Government notes that DVA's rehabilitation policy does not discriminate based on rank, but agrees to DVA reviewing its policy to ensure it expresses a positive approach to consideration of vocational rehabilitation.
For more than a decade, the Government has strengthened its focus on rehabilitation as part of the overall repatriation system. For wounded, injured or ill former serving personnel, rehabilitation is an essential part of their overall care and support. Further education can be an important part of the vocational rehabilitation process and the Government recognises the positive benefits that can be gained by working towards goals, such as successfully undertaking study or other re-skilling activities.
DVA's rehabilitation assessment policy does not discriminate between ranks, however any assessment must be considered on its merits with reference to a number of factors including the client's existing qualifications, skills, interests, medical restrictions, and the cost/benefits of proposed training. The client's capacity to successfully undertake a course of study is also an important factor.
The Government will implement a new jobs program for injured and ill veterans, following successful trials in South East Queensland, Victoria and South Australia. The program will enhance the existing support currently provided to veterans as part of the DVA rehabilitation programs by providing a greater focus on vocational outcomes, enhancing engagement with employers, and improving coordination with Defence as veterans transition to civilian life.
Under the trial, around 60 per cent of the veterans involved were successfully placed into civilian employment.
Recommendation 16
The committee recommends that the Department of Veterans' Affairs identify veterans who are receiving in-patient mental health care as at risk of homelessness and provide an ongoing psychosocial case manager to actively manage an 'at risk' veteran's care program until their mental health and living situation is stable.
Government Response
Partly Agreed
The Government agrees with consideration of a psychosocial support of 'at risk' veterans, but does not agree that all veterans who are receiving in‑patient mental health care need to be identified as at risk of homelessness.
The Government is concerned about any instance of homelessness amongst former serving members of the ADF and is keen to work with all stakeholders in preventing veteran homelessness where possible and responding to instances of homelessness amongst veterans where it does occur. The Government will continue to work to ensure that those who are homeless, or at risk of homelessness, have access to the services and support that they need. This includes a commitment by Government to require Commonwealth agencies to identify whether its clients are veterans and to make that information available to ex-service and other organisations which provide support for homeless veterans.
DVA has commissioned the Australian Housing and Urban Research Institute to develop a research study that will lead to a clearer understanding of the scale, location and nature of homelessness among Australian veterans. This will include working towards collecting data on history of service in the ADF among people who are homeless, and integrating veteran‑specific support services with the support offered by mainstream and specialist providers of services for the homeless.
In relation to hospital care, DVA's contracts with private hospitals include an explicit requirement that a comprehensive discharge plan be in place which includes referrals to appropriate services. There is a duty of care on any health facility to ensure that when they discharge patients, the health facility has made adequate arrangements to ensure the patient's ongoing care and wellbeing. Similar arrangements apply to public hospitals.
In relation to psychosocial case managers, DVA will continue to consider the clinical care coordination needs of those people discharging from in-patient mental health care and/or those clients who have both complex psychosocial needs and mental health issues.
DVA has implemented a single, nationally consistent case coordination model, the coordinated client support service, for supporting clients with complex and multiple needs. This service includes case coordination to ensure that clients access their entitlements and can navigate DVA systems during the claims process and support services to contemporary war widows and ADF members who have been seriously wounded.
Recommendation 17
The committee recommends that the Department of Veterans' Affairs work together with the Department of Human Services and RSL Lifecare to develop a program to address veteran homelessness based on the Homes for Heroes 'housing first approach' and focus on ongoing psychosocial support.
Government Response
Partly Agreed
The Government is concerned about any instance of homelessness amongst former serving members of the ADF, and agrees to undertake further work on the psychosocial needs of vulnerable DVA clients, including exploring how case coordination can link DVA clients who are either homeless or at risk of homelessness into specialised homelessness services.
Homelessness is a complex issue that tends to be associated with a range of factors, such as housing crisis, family breakdown, alcohol and/or substance use disorder and mental health issues.
Given the unique and complex circumstances which can lead to homelessness, it is appropriate that specialised homelessness services provide these services to those who are homeless or at risk of homelessness, including former members of the ADF. These services have trained staff and have met state government requirements to be a registered homelessness provider.
It is noted that the States and Territories are funded by the Commonwealth to provide social housing in their respective jurisdictions. Rather than adopting the program proposed in the recommendation, the Government will instead:
As noted above, the Government will continue to consider how to meet the needs of those clients who have both complex psychosocial needs and mental health issues, including through case coordination and referral to specialised homelessness services and other supports where needed.
Our nation owes a great debt to those who have put their lives on the line for us and it is therefore essential that the community supports veterans who find themselves homeless or at risk of homelessness.
Minority Recommendations
Minority Recommendation 1
That Defence and DVA report annually to the parliament on the 'state of mental health' of current and former ADF members including data on the rates of mental ill-health, homelessness, incarceration, suicidality, neurological conditions and any other issues or indicators relevant to instances of mental ill-health amongst defence personnel.
Government Response
Partly Agreed
The Government agrees to an annual Ministerial statement to Parliament on key issues impacting upon the veteran community and the performance of the Department of Veterans' Affairs. This will be a transparent process which will measure the performance of the Department and increase accountability to the veteran community.
The Government also notes that Defence and DVA already provide annual reports to Parliament and are accountable to Parliament, including through the Budget estimates process, for supplying any reasonable request for information.
The Review of Suicide Prevention will also provide the opportunity for further needed information to be provided to Government about suicide prevention for current and former members of the ADF.
Minority Recommendation 2
That Defence provide a full report to the committee on the administration of mefloquine and related anti-malarial drugs to ADF members, including the number of ADF members administered these drugs, their consent to this administration, and the dosage administered.
Government Response
Not Agreed
The Government does not agree that a full report to the Committee is required because the relevant information is publicly available on - The "Malaria, mefloquine and the ADF" web pages at: www.defence.gov.au/Health/HealthPortal/malaria
Minority Recommendation 3
That, pending the report to the committee by Defence, the matter of administration of mefloquine and related anti-malarial drugs to ADF members is the subject of further inquiry by the committee.
Government Response
Noted
The Government notes that this is a matter for the Senate Foreign Affairs, Defence and Trade References Committee.
Minority Recommendation 4
That Defence and DVA formally recognise moral injury, and develop a program to help identify and treat veterans suffering from moral injury.
Government Response
Not Agreed
The Government does not agree to formally recognise moral injury in its treatment arrangements at this stage because whilst the concept is growing in influence and exploration, its evidence‑base is still being developed.
Moral injury is not a recognised psychiatric disorder in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013). Rather, the concept of moral injury is currently used in literature on the mental health of veterans who have witnessed or perpetrated an act in combat that was at odds with their moral and ethical beliefs. Consequently, there is currently no evidenced based treatment that is specific to moral injury. Defence and DVA will continue to monitor literature on evidence based treatments for moral injury as it emerges.
Minority Recommendation 5
That all former ADF personnel be assigned a liaison officer to provide a single point of contact to assist in identifying needs, and navigating the range of services available and associated processes.
Government Response
Not agreed
The Government agrees with the principle of providing support for identifying needs of clients at risk and assisting them navigate the range of services. However, the Government does not support all former ADF personnel being assigned a liaison officer.
DVA rehabilitation clients are already case-managed to ensure Comcare approved service providers appropriately support clients in partnership with DVA. DVA undertakes a needs assessment designed to assist DVA delegates to determine the range of services and benefits that may be required. This assessment takes place following acceptance of liability for a service related injury or disease or when a veteran's circumstances change. DVA rehabilitation coordinators also then look to approve rehabilitation plans and funding for individual veterans.
Further, where a serving member with an accepted condition is identified for medical discharge the ADF rehabilitation consultant will liaise with the DVA rehabilitation coordinator and facilitate a smooth transition for each individual.
Minority Recommendation 6
That funding for mental health support services for current and former ADF members are provided on the basis of need and not be subject to any arbitrary budget cap.
Government Response
Agreed
Through Defence and DVA, the Government already funds the delivery and access to a comprehensive range of mental health programs and services based on the mental health needs of defence members, veterans, ex-serving members and their families. This funding is not capped but demand driven and is available to ensure current and former Australian servicemen and women and their families can access the support and evidenced based care they need.
Minority Recommendation 7
That the government provide an immediate injection of funding to Homes for Heroes so that the program can properly meet the needs of all homeless veterans.
Government Response
Not agreed
Please see the response to recommendation 17.
Minority Recommendation 8
That the matter of funding by the RSL and other veterans' groups to veterans mental health and homelessness services is the subject of further inquiry by the committee.
Government Response
Noted
The Government notes that this is a matter for the Senate Foreign Affairs, Defence and Trade References Committee.
That the Senate take note of the document.
Education and Employment Legislation Committee—
Appointed—
Substitute member: Senator Waters to replace Senator Hanson-Young for the committee's inquiry into the Fair Work Amendment (Gender Pay Gap) Bill 2015 No. 7—15 September 2016 227
Participating member: Senator Hanson-Young
Electoral Matters—Joint Standing Committee—
Appointed—Participating member [ for the committee ' s inquiry into the 2016 election ]: Senator Leyonhjelm
National Broadband Network—Joint Standing Committee—
Appointed—
Senators Hume, Ludlam, Smith and Williams
Participating members: Senators Di Natale, Hanson-Young, McKim, Rhiannon, Rice, Siewert, Waters and Whish-Wilson
Statute Law Revision (Spring 2016) Bill 2016
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Statute Law Revision (Spring 2016) Bill 2016 continues the work of maintaining and improving the quality of the Commonwealth statute book. The Bill corrects technical errors that have occurred in Acts as a result of drafting and clerical mistakes, improves and streamlines references to ministers and departments, and repeals obsolete provisions and Acts.
Schedules 1 and 2 correct technical errors, remove redundant text, modernise language and fix incorrect references in principal and amending Acts. These corrections and updates improve the usability and accuracy of the law.
Schedule 3 amends the Public Lending Right Act 1985 by inserting generic references to ministers and departments. This will reduce the need for substituted reference orders made under sections 19B and 19BA of theActs Interpretation Act 1901 .
Schedules 4 and 5 repeal spent and obsolete provisions and Acts, removing redundant material from the statute book. For example, Parts 3 and 4 of the International Labour Organisation (Compliance with Conventions) Act 1992 were spent once the amendments that they made to theMigration Act 1958 and theNavigation Act 1912 had been incorporated into those Acts. Item 1 of Schedule 4 repeals those Parts.
These corrections and updates are important to ensure the ongoing accuracy, currency and usability of Commonwealth legislation.
Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Government is getting on with the job of delivering on important commitments we made to Australians at the election.
We are acting on the mandate we received from the Australian people. And we expect the Parliament to respect that mandate.
We are at a critical juncture; the decisions we take today, the decisions of this Parliament, will determine whether we enable our children and grandchildren to enjoy the same standard of living that we do ourselves.
We said during the election that we are focused on creating more and better jobs.
We are committed to ensuring our workplace relations system delivers the best outcome for jobs, investment and growth, stops unions from abusing their power, and allows Australians to go to safe workplaces, without fear of intimidation or coercion.
The Government is implementing a vital legislative agenda, two elements of which were the very reason we went to the double dissolution election.
This agenda advances our economic plan while protecting people's rights.
This first Bill the Government introduced to the new Parliament was the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016. It honours our commitment to doing all we can to protect Australia's emergency services from a Union takeover.
Australia's proud tradition of volunteer firefighting is under threat.
The actions of the United Firefighters Union of Australia have placed the Victorian Country Fire Authority in the position of having to choose between the best interests of its brave volunteers and conceding to the demands of the Union.
Unfortunately for the proud volunteers of the CFA, the Victorian Government has taken sides against them.
For this reason, it is of paramount importance that the Commonwealth Parliament steps in to protect them.
This is not a decision we take lightly.
Obviously, there is a place for unions fairly to represent their members in Australia's workplace relations system.
However, the UFU continues to demand an unreasonable degree of control over the CFA and its volunteers.
The former CFA Board repeatedly stated it was willing to reach a fair and reasonable agreement, but this call was ignored and the Victorian Government demanded that the CFA accede to the Union's demands.
The Victorian Emergency Services Minister resigned in protest.
The CFA board was sacked by the Victorian Government.
The CFA Chief Executive and the Chief Fire Officer resigned in protest.
Even advice from the Chief Executive of Volunteer Fire Brigades Victoria that the proposed agreement will significantly impede fire season
operations has not altered the intransigence. t
We will not allow selfless Australian volunteers to be undermined in this way.
The Victorian Government has now hand-picked new appointments to the board to wave the agreement through.
The Government's new Board reached agreement with the Union, having made some cosmetic changes to the agreement while not addressing the fundamental concerns of the volunteers.
The agreement still contains discriminatory terms and still interferes with the capacity of the CFA to manage its volunteers in a range of areas.
For example, the agreement mandates that a minimum of seven paid firefighters are dispatched before the paid firefighters commence firefighting operations.
Volunteer Fire Brigades Victoria advise that this will have flow on effects for workload, operational and fire ground safety implications for volunteers.
Other concerning terms in the agreement include:
I note that the agreement is seeking these changes despite the Victorian CFA Act stating that:
The Parliament recognises that the Authority is first and foremost a volunteer-based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner'.
I also note that the CFA Volunteer Charter commits the Victorian Government to:
'recognise, value, respect and promote CFA Volunteers, their families and employers for their contributions to the well-being and safety of the people of Victoria'.
Given that the Government of Victoria has abdicated its authority on this matter and capitulated to the union, it is our duty to intervene to protect the efforts of our volunteers.
The CFA volunteers are the heroes of our regional communities.
They are everyday mums and dads committed to sacrificing their time to protect life and property.
The Union is jeopardising their selfless goodwill.
It is an outrage.
Volunteers are the lifeblood of organisations like the CFA. We simply cannot allow their hard work to be undermined. There is a lot at stake if we do not protect our volunteers.
As the Chief Executive of Volunteer Fire Brigades Victoria Andrew Ford has pointed out; if we allow their role to be eroded and demeaned, volunteers will walk away and the CFA will be destroyed.
This is why the Government announced during the election campaign that we will amend the Fair Work Act to stop this happening.
This Bill will ensure that enterprise agreements cannot be used in a way that permits unions to exert power over the valuable contributions of volunteers.
To do this, the Bill expands the definition of unlawful term in the Fair Work Act to include an 'objectionable emergency management term'. The new objectionable emergency management term will prohibit terms in enterprise agreements that:
The Fair Work Commission will not be able to approve agreements that include such terms.
Any such terms in an existing agreement will be legally ineffective from the day that the legislation commences operation.
Actions taken under existing agreements before this time will not be affected.
The amendments will also give volunteer organisations a voice, by providing them the right to make submissions to the Fair Work Commission about enterprise agreements covering certain emergency services bodies that could affect the volunteers that they represent.
The amendments have been carefully drafted to only apply to firefighting and state emergency service bodies that are established under a statute, use volunteers and are covered by the Fair Work Act.
They will not impact other volunteering organisations such as Surf Life Saving Australia or the Salvation Army.
The Government has of course received the best expert legal advice to confirm the constitutional validity of these reforms, as we do for all Bills we bring to the Parliament.
The amendments are simple, targeted measures and it is vital that we implement this solution quickly.
We cannot afford to wait any longer.
We must safeguard the tens of thousands of volunteers who protect our communities.
I commend the Bill to the Senate.
That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 7 February 2017:
The proposed Trans-Pacific Partnership (TPP) Agreement, with particular reference to the impact of the agreement on:
(a) Australia's economy and trade;
(b) Australia's domestic labour market testing obligations and laws regarding wages, conditions and entitlements of Australian workers and temporary work visa holders;
(c) Australian investment;
(d) Australia's social, cultural and environmental policies;
(e) the effect of Investor-State Dispute Settlement;
(f) rights for copyright holders;
(g) rights for consumers; and
(h) any other related matters.
That the Senate—
(a) notes that:
(i) the value of Commonwealth Government procurement contracts in the 2014-2015 financial year was more than $59 billion,
(ii) the current Commonwealth Procurement Rules fail to take into account the social and economic effects of buying and procuring Australian made goods and local services,
(iii) asbestos has been found in building products imported into Australia as part of projects funded by governments, and
(iv) it was disclosed this week, that in April 2015, the Department of Defence awarded a $9 million contract for non-combat uniforms for the Australian Defence Force to a company that will have the uniforms made overseas rather than Australia; and
(b) calls on the Government to amend the Commonwealth Procurement Rules, in order to take into account:
(i) the economic, social and environmental effects of local procurement, including employment outcomes, tax receipts and economic growth,
(ii) the need for Australian Standards to be complied with in any procurement decision, and
(iii) whole of life benefits of a local procurement.
Labor will adhere to a national interest test for government procurement policy by considering whole-of-life costs, rather than purchase prices alone, and ensure procurement policies take into account the direct and indirect economic benefits of buying locally, including estimated taxation revenues, employment opportunities and industrial capability.
… equitably based on their commercial, legal, technical and financial abilities and not be discriminated against due to their size, degree of foreign affiliation or ownership, location, or the origin of their goods and services.
BIS Shrapnel estimates that a local content policy achieving a 90% local steel content:
Will cost an average of $61 to $80 million annually in extra costs to the public sector …
Maintain and strengthen Australian Industry Participation requirements by mandating a "Look Local First" emphasis for new purchasing of building products for taxpayer supported infrastructure or construction projects.
The Australian Defence Force has admitted that the rubber soles are falling off the Chinese-made dress boots that soldiers are expected to wear for official parades.
Defence officials have told Senate estimates the problems began in 2008 when the tender to make the boots was won by a Chinese company. Defence had sent the boots back to the manufacturer for extra stitching and nails to try and hold them together. But officials say the glue is still failing in hot conditions.
The Army is proud to be partnering with the Australian brand.
With the Australian Army’s 112 year history, it is fitting that we will now also carry over 80 years of Australian tradition in our boots.
At a basic level, obtaining value for money for each procurement action requires a comparative analysis of all the relevant costs and benefits of each supplier's proposal throughout the procurement cycle, and is not determined by price alone. It should also consider the whole-of-life costs of the procurement and include consideration of quality and overall fitness for purpose.
Budget Savings (Omnibus) Bill 2016
While people on income support payments have been spared from the proposed cuts, low income families will still be hurt by the loss of the Energy Supplement from family payments. A single parent family with two teenage children will lose $284 a year, or $5.50 a week.
What we do know is that people with mental illness can be appropriately treated, and often medicated, and released on conditional release orders. But the problem is that if you have withdrawn all of their supports—
because these are often people that are on disability support payment—then what will often happen is that they will lose their accommodation, which is one of the key social determinants for recovery. They can't keep their rent going, they can't keep their mortgage going if they have mortgages, or keep the utilities happening, for the temporary that they are being detained within mental health facilities or prison … There are no long term savings to be made in this, but there are certainly far more expenses to be incurred by these measures.
… … …
The reason why you need to keep receiving an income, particularly for people with mental illness, is because you need to be able to maintain those supports externally, while you are being temporarily incarcerated and receiving treatment.
These are people who've been found unfit to plead. They are being detained for the purposes of treatment, and that treatment is designed to return them safely to the community. The DSP is used as a cornerstone mechanism for enabling that pathway.
It is hard to over-dramatise the devastating effect of the combined shock of someone you love suddenly becoming disabled or incurring a debilitating illness—having to deal with their pain and suffering and the loss of life chances—accompanied by the sudden loss of income; especially at a time when extra expenses are incurred as a result of having to adjust to the tragedy.
… … …
The capacity to be reimbursed for even a comparatively modest amount of the extra cost carers have incurred can make a real difference when they have finally reached the point of understanding that they are entitled to financial assistance.
… low income families will still be hurt by the loss of the Energy Supplement from family payments. A single parent family with two teenage children will lose $284 a year, or $5.50 a week.
The loss of the energy supplement to families follows a series of cuts to these payments over the last few years. We cannot afford to further cut away at family payments.
Our members regularly provide information and advice to current and former recipients of social security and family assistance payments about debts. Many have relatively small debts … which are nonetheless a significant burden for them due to their low incomes. Most are willing to repay their debts and do so steadily, although it may take some years for them to repay even small debts. Despite this, many of them miss repayments and repayment deadlines at times. This is for a range of reasons, such as mental health, homelessness …
Although in many of these cases, the person might be eligible to have their debt repayments suspended for a period (known as "write-off" …) or negotiate a lower rate of repayment, in our experience the same circumstances which lead to them missing payments often lead to them not advising DHS of their situation.
It results in demonstrably inferior appeal rights for injured veterans compared to civilian workers, not just under Comcare, but across Australian States and Territories.
Australians are split fairly evenly on whether reducing government debt is the most important economic issue facing the country.
If sea level rises and displaces from their homes a substantial proportion of the people of Bangladesh and West Bengal, and many in the great cities of Dhaka, Kolkata, Shanghai, Guangzhou, Ningbo, Bangkok, Jakarta, Manila, Ho Chi Minh City, Karachi and Mumbai, it will not be a problem for Bangladesh, India, Pakistan, China, Thailand, Indonesia, the Philippines and Vietnam alone.
If changes in monsoon patterns and the flows of the great rivers from the Tibetan plateau disrupt agriculture among the immense concentrations of people that have grown around the reliability of water flows since the beginning of civilisation, it will not just be a problem for the people of India, Bangladesh, Pakistan, Vietnam, Myanmar and China.
… … …
The problems of unmitigated climate change will be for all humanity.
At the end of the motion, add:
", but the Senate is of the opinion that the financial arrangements for Australian Renewable Energy Agency should be extended to provide the Agency with the capacity to provide investment funds, as well as have equity in funded projects.".
Continuation of the pause in income thresholds at 2014-15 levels could result in individuals with incomes below each threshold moving into a higher income tier as their incomes increase. As a result:
The government is using these changes to the R&D tax incentive to gather savings, not to make the R&D tax incentive more effective. This is typical of the way in which this government has failed to understand the crucial role of innovation in an advanced industrial economy.
The measures proposed in this bill, however, will only erode certainty and transparency. The effect of the bill will be to discourage R&D investment in Australia. In particular, the bill punishes small- and medium-sized enterprises.
What is this apart from a cash grab by a desperate government? Why else would the government be trying to hack into the productive potential of the Australian economy, hack into that research base, at the very same time as the government—which began bereft of a science minister and continued by cutting CSIRO—has so put itself offside with the science community and so jeopardised the potential of the Australian economy to create new jobs?
You should always go out on top. This week as Captain of the Parliamentary Soccer team I scored a hat trick. It must be time to say farewell.
In 1996 in my first speech in this place I said: "The Labor Party's next challenge is to confront the changing structure of Australia's work force. Technological change is forcing the pace as more people work part time and from home. A new type of poverty is beginning to emerge and its impact will need to be assessed carefully. We are seeing a growing gap between the information rich and the information poor. This has many implications for public policy. How do we ensure that every Australian child has the education including the standard of literacy they need to be able to use the new information technologies? How do we ensure that all Australians have access to the information carriers that will revolutionise the way we learn, work and enjoy ourselves? More practically, what can we do to make sure Australians have the skills and back up they need to be leaders in developing and providing these new technologies?"
There is nothing more fulfilling and no greater privilege than to be in Government and conceive, create and implement a strategy to deliver the economic and social opportunities that technology brings and reach all Australians wherever they live and whatever their backgrounds. The National Broadband Network will remain my greatest contribution.
The concept and plan for the NBN enabled me to meet some truly extraordinary people who have all been deeply involved in the internet debate. I am privileged to have met Professor Larry Smarr, a pioneer of the internet; Professor Jeff Cole whose insights into people and their online habits is world renowned and Larry Irving who created the phrase the Digital Divide.
These three great men inspired me even at the toughest times and I'm proud to count you as my friends.
I have also been able to contribute in other portfolio areas even from opposition. I have championed corporate governance reforms to try and make Boards and Executive Management more accountable to shareholders. Significant amendments to our corporate laws have allowed shareholders to reign in some significant areas of corporate excess.
I was Labor's trade spokesman at the time of the debate of the US FTA. I take pride in the fact that without my active support it would not have passed into law. I would also like to acknowledge the support of Phil Scanlon and the greatest Prime Minister Australia never had, Kim Beazley.
In the Defence portfolio the debate over the construction of Australia's submarine fleet was an enormous challenge. The then Prime Minister had done a deal to buy Japanese submarines and abandon our manufacturing base here in Australia. I was able to lead a campaign to overturn a decision of the National Security Council of Cabinet and protect Australia's national security interests and the livelihoods of tens of thousands of Australian families.
As I say farewell I would like to take this opportunity to publically acknowledge the recent retirement of a friend and champion of the trade union movement.
Wayne Mader was the Secretary of the Victorian Branch of the Transport Workers Union (TWU) from 2009-2016. He was a member of the Victorian Branch for 45 years and an elected official for 32 years. I consider it an honour to have served in the TWU with him for the four years before I entered the Senate.
Wayne Mader embodies the true spirit of the trade union movement. He is honest and trustworthy and has always put the interests of his members first.
Wayne is truly the salt of the earth, nobody could ask for a more loyal, decent and generous friend and I want to publically thank him for that. My success in politics has been in no small part due to the unwavering support he has given me over the 25 years we have known each other.
The Victorian Branch of the TWU is now in the safe hands of John Berger and I wish him well and look forward to proudly receiving my 25 year membership from him in a few years time.
No one can survive 20 years in the Federal Parliament without a genuine group of friends. It's no different in my case. I have had the privilege of serving with and being friends with a group of passionate and dedicated Labor icons. We have been called many things over the years but the name which stuck the most is the Roosters.
Wayne Swan, Jenny Macklin and Tanya Plibersek, three incredible individuals who refused to surrender their Labor values in the face of the greatest financial disaster in 70 years, the GFC. In the six years we served in Cabinet together they championed policies that protected and improved the lives of those who needed help the most. They were and continue to be committed to true Labor ideals. In my first speech I argued that Labor's mission was to civilise capitalism—that economic policy was not an end in itself. Wayne, Jenny and Tanya demonstrated that belief time and time again. They fought for that in ways that most will never be aware of, but I want to put on the record that I was witness to them fighting to improve the standards of living of working Australian families and that I know they will continue to do so.
I would also like to acknowledge the privilege it was to serve Australia's first female Prime Minister, my friend Julia Gillard.
I will miss my friends and colleagues terribly—our Saturday morning chats, our Sunday night plane trips, our Wednesday night dinners. All made the burden of being away from our families a little more bearable.
As each of the past few years slipped by other good friends have left this place and a piece of me left with them—Steve Smith, an original Rooster, ever the calming influence on Wayne and myself. What a tragedy for the people of WA that they will not get a chance to have him serve as their Premier. My skiing buddies Mark Arbib and Joe Ludwig, two friends and colleagues who always had my back no matter what.
I would also like to single out one of the most significant and long lasting influences on my political thinking. My first friend in the schoolyard when I arrived in Australia was a kid called Bill Johnston. This was in February 1974, Bill was the youngest from a large family. They were committed Labor voters and Collingwood supporters. 42 years later Bill is still one of my closest friends and it is with great pride that I will watch him be elected to the next WA State Labor Government and take his place as a Minister. His passionate advocacy for social justice burns as brightly today as it did when he was a teenager when his nickname was "Johno the Commo".
Peter Barron has been another significant influence on me. He has never allowed me to lose sight of the ultimate objective of the Federal Parliamentary Labor Party—winning Government. Peter is the silent godfather of political advisors. He is one of the few people I have met who has the gut instinct to understand the 'mob' as he would say. His unerring wisdom has transcended 40 years of service to the Party and I think him for his patience with me over many years.
Peter always has the right words for the right times and on the news of the birth of our daughter Isabella, he described her as a "triumph of love and friendship". I am extremely proud that as a family we have influenced surrogacy laws around Australia.
As I look around Caucus today, I see an outstanding future Labor Cabinet to rival the best of the past. The most passionate and brightest have come pouring into the caucus in the last two elections. I'm especially proud of my fellow Victorian Colleagues and the contribution I know they will make in the Shorten Government. Tim Watts, Clare O'Neill, Richard Marles, Joanne Ryan, Rob Mitchell, Michael Danby, Peter Khalil, Anthony Byrne, Mark Dreyfus and David Feeney. A group of true believers drawn from many backgrounds and experiences who share a common set of values to improve the standing of working people and to keep them secure in an uncertain world.
And to the next Labor Prime Minister of Australia. I have known Bill Shorten since the 1986 ALP National Conference. A bundle of energy and ideas from the first meeting. Bill and I have shared the highs and lows of all that life can throw at you. We have been friends, rivals and frenemies. He should never be underestimated. Malcolm Turnbull learned that on 2 July this year. Tony Abbott learned it on 14 September last year. The Canberra Press Gallery has still not learned it but they will.
As Opposition leader Bill has shown what I have always known—he is a resilient, smart, warm man of the people and for the people. He is Australia's Prime Minister in waiting. I'm sorry I will not be alongside you in the Federal Parliament as you take your place in history.
I would like to acknowledge one final Federal colleague, Kim Carr. Much maligned, a passionate advocate for unfashionable economic policies but a Labor warrior. If there was a tough battle in the Senate and you needed a wingman, you would always want Kim Carr next to you. People have always misunderstood our relationship. It is based on two simple things, trust and mutual respect. In the 25 years I have worked with, fought with and struggled together with, Kim Carr has never broken his word to me. In any walk of life that is the measure of a man.
I would like to single out some Victorian colleagues to whom I owe much. My two amigos, the founders of the LRA, Telmo Languiller and Theo Theophanous. Words cannot express how much their friendship and support means to me. They have believed in me when others have walked away, their loyalty has given me the strength to endure when I would have given up otherwise.
To my former colleague Mehmet Tillem, politics is a cruel game and it can be fickle. No matter how hard working, intelligent and compassionate you are it can cut you off at the knees. But Mehmet is a patient man and his time will come again.
Phil Dalidakis, a passionate, loyal and dedicated Minister in the Victorian Government. He is a powerful advocate for the people of Victoria and he is positioning the state to benefit from the jobs of the future.
My friend and confidant Bob Smith, the man who taught me to play golf—my family has not forgiven him for that. Bob saved the AWU from bankruptcy after the corrupt leadership of Bruce Wilson. I remember talking with him often during this period. He was faced with a dire set of circumstances that would have defeated most others but he began the rebuilding of that famous union from the ashes. A pillar of strength for me so many times over so many years. I look forward to sharing many more games of golf in the future.
I also want to thank Tony Sheldon, the National Secretary of the TWU. A committed trade unionist, a passionate advocate for transport workers and someone who gives unflinching support to his friends no matter the cost to himself.
My many staff who have made me look and sound so informed, intelligent and thoughtful over 20 years. Your commitment to the Labor cause was above and beyond so many times. I have been humbled by your friendship and support. To my current team - Lucien, Claire, Garth, Helen, Andy, Haaki, David, Bassell and Sam, thank you for always believing in me. I could not pass up this. opportunity to mention one other staff member, our dearest friend Jan Cleeland, who worked for me for many, many years and was taken from us far too soon. She was devoted to me and saved me from myself so many times.
To all the dedicated staff at Parliament House, the Hansard reporters, the Clerks, the Librarians, the Security team and the Comcar Drivers both here and in Melbourne. Thank you for your professionalism.
To the person who kept me functioning first thing in the morning, Dom and all the team at Aussies. Thank you. I will miss the daily discussion of the world game, mocking you over Carlton's increasing number of wooden spoons and your warm and friendly smile day in and day out.
I could not have survived the last 20 years without the support of a loving family. Having grown up in Canberra, I have had the advantage that my parents live here. Canberra has never been the empty cold flat I return to each Sunday night as many of you have. Each week I would return to my parents home, where I grew up, to the welcoming smiles, the updates on my nephews and now my great nieces. Bantering with Dad about Newcastle's results, him mocking Chelsea's results given how much money we have spent on players and of course watching the Chelsea -Newcastle matches together. But what made the trek up to Canberra on a Sunday night was the prospect of Mum's Shepherd's Pie - at the end of the day I'm still just a kid from the North of England.
The internet has been a boon for communicating with family across the globe but it has its downsides too. After a few years I had to ask my dad to please not use his name on blogs if he was going to vigorously participate in political debates online as his comments could be taken out of context and used against me in Parliament or by journalists. His paternal instinct was strong and he was always keen to correct the many inaccurate comments about me. At one stage when I was a Minister there was a particularly vigorous online debate about a policy I was advancing. The full force of the internet trolls was raining down and my staff were monitoring the commentary which was very unflattering. They came to me proudly to show me at least one person was defending me staunchly in the face of the abuse. The looks on their faces after they handed me the printed versions and I explained that Derek Green was actually my uncle and even worse he lived in England and could not vote for me, was priceless. Even from half way around the world the Conroy/Clements clan still loyally stick together.
I have had one constant companion through this 20 year journey, my wife Paula. We met in March 1996 just as I entered the Parliament. She has been a rock for me and our now 9 year old daughter Isabella. It is almost impossible to explain to those outside the Federal Parliament the sacrifice that your family make while you are an elected representative. It's not just that you can be away almost half the year, but when you come home after an exhausting week and just want to rest and sleep and you can't immediately let go of work or what is happening in the political arena.
It is also the intangibles - coping with the coverage in the media, especially as the 24/7 media cycle has changed the nature of political discourse. Noting the glances and scowls as you walk down the street together. Explaining to my young daughter why people have shouted abuse at her Daddy in the street. Being immediately judged as you explain what your partner does or who he is based on the media image. I'm sure you would all agree that there should be a special place in hell for those who judge women based on their spouse's work. Paula has remained steadfast in her support for me while maintaining her own career but it is the incredible job she has done in raising our beautiful daughter Isabella while I have been absent that I owe her an undying debt of gratitude. It is often commented that Isabella has me wrapped around her little finger, but who could not be when confronted by such a smart, kind, considerate, funny and loving, no longer little girl. She increasingly misses me when I can't be at soccer training or a match. She would love me to attend at least one assembly a year and be there when she gets an award.
I often reflect on when I was a kid, how my father who worked shifts at ICL would never miss a single soccer match from the Under 11s to the Under 21s. Week in, week out. You never appreciate it at the time but you realize much later how special it was. I always vowed that I would be there for Isabella like my dad was for me. At Father's Day at her school recently Bella had to write about her Dad. She wrote that she loved it when her Dad taught her new soccer tricks.
When you resent being in Canberra because you are missing your daughter's soccer training it is time to retire from the Federal Parliament.
It's time for me to hang up my boots as Captain of the Parliamentary Soccer team and spend more time teaching Isabella soccer tricks.
It has been a great privilege to serve as a Senator for Victoria, as Leader and Deputy Leader of the Labor Party in the Senate and as a Cabinet Minister in two Labor Governments. It is also a great responsibility. To my fellow Senators a final word - it is our privilege and responsibility to serve all Australians - those who were here before us, those living here today and all those who will come to join us and continue to build this great country.
Thank you.
The Senate divided. [21:02]
(The Deputy President—Senator Lines)
At the end of the motion, add
", but the Senate expresses its deep distress and concern at the continued attempt by the Coalition Government to cut away Australia's social safety net, including cuts to the Clean Energy Supplement, Carers Allowance and other measures which will hurt the most vulnerable and disadvantaged."
The Senate divided. [21:08]
(The Deputy President—Senator Lines)
At the end of the motion, add:
", but the Senate condemns this bill for ripping $500 million from the Australian Renewable Energy Agency's clean energy innovation grants as a dangerous and irresponsible act of sabotage, especially in a climate emergency and global transition to clean energy, and because it leaves the Coalition and Labor parties with no meaningful plan to meet Australia's Renewable Energy Target and pollution reduction target agreed at the Paris climate conference."
The Senate divided. [21:12]
(The Deputy President—Senator Lines)
At the end of the motion, add:
", but the Senate rejects the slashing of more than $514 million from higher education programs and support for students as inappropriate saving measures that will hurt Australian students and universities and damage Australia's international reputation as an innovative leader in education.".
The Senate divided. [21:16]
(The Deputy President—Senator Lines)
At the end of the motion, add:
", but the Senate is of the opinion that the financial arrangements for Australian Renewable Energy Agency should be extended to provide the Agency with the capacity to provide investment funds, as well as have equity in funded projects.".
The Senate divided. [21:21]
(The Deputy President—Senator Lines)
The Senate divided. [21:25]
(The Deputy President—Senator Lines
(1) Page 2, clause 2 (table item 6), omit "Schedules 5 and 6", substitute "Schedule 6".
[Australian Renewable Energy Agency ' s finances]
(2) Schedule 5, page 18 (lines 1 to 7), to be opposed.
[Australian Renewable Energy Agency ' s finances]
The Senate divided. [22:27]
(The Chair—Senator Lines)
The committee divided. [22:31]
The Chair—Senator Lines
(1) Page 4, clause 2 (table item 25), omit "Schedules 22 and 23", substitute "Schedule 23".
(2) Schedule 22, page 189 (lines 1 to 17), to be opposed.
I do not see how reducing the R&D tax offset provides an incentive to invest in research and development. Surely it does the exact opposite?
It is incredibly short-sighted and it is incredibly silly in an era where we need to grow jobs for the future.
(1) Page 4, clause 2 (table item 26) to be opposed.
[military rehabilitation and compensation]
(2) Schedule 24, page 212 (line 1) to page 215 (line 27), to be opposed.
[military rehabilitation and compensation]
a. the reasons why Australian veterans are committing suicide at such high rates,
b. previous reviews of military compensation arrangements and their failings,
c. the Repatriation Medical Authority's Statements of Principles, claims administration time limits, claims for detriment caused by defective administration, authorised medical treatment, level of compensation payments, including defence abuse, as contained in all military compensation arrangements …
A number of submitters raised concerns regarding the AAT's ability to order that the costs of proceedings, outlined in section 357, be paid by DVA in cases where the AAT finds in favour of the claimant. The Defence Force Welfare Association described the retention of section 359, which states that sections 356, 357 and 358 do not apply to reviews of determinations of the VRB, as an 'oversight', commenting that:
We notice that the Bill contains no provision for removal of that part of S359 which provides that S357 does not apply to review by the AAT of a determination of the VRB. We feel sure that retention of this provision is an oversight, and we think, a serious one. S357 provides for award of costs against the Commonwealth in some circumstances, in the event of a decision by the AAT in favour of the Veteran ... we hold strongly to the view that just treatment of Veterans' claims ought not to depend on their ability to meet the costs of access to the ordinary processes that are put in place to deal with those claims.
The committee divided. [23:31]
(The Chair—Senator Lines)
That this bill be now read a third time.
The Senate divided. [23:35]
(The Deputy President—Senator Lines)
That senators be discharged from and appointed to committees as follows:
Community Affairs References Committee—
Appointed—
Substitute member: Senator Polley to replace Senator Farrell for the committee's inquiry into the future of Australia's aged care sector workforce
Participating member: Senator Farrell
Electoral Matters—Joint Standing Committee—
Discharged—Senator O'Neill
Appointed—
Senator Ketter
Participating members [for the committee's inquiry into the 2016 election]: Senators Bilyk, Cameron, Carr, Chisholm, Collins, Conroy, Dastyari, Dodson, Farrell, Gallacher, Gallagher, Lines, Marshall, McAllister, McCarthy, Moore, O'Neill, Polley, Pratt, Singh, Sterle, Urquhart , Watt and Wong
Finance and Public Administration References Committee
Appointed—Substitute member: Senator Watt to replace Senator Singh till 2 December 2016
Human Rights—Joint Statutory Committee—
Discharged—Senator Singh
Appointed—Senator Moore
Law Enforcement—Joint Statutory Committee—
Discharged—Senator Singh
Appointed—Senator McCarthy
National Broadband Network—Joint Standing Committee—
Appointed—Senators Ketter, O'Neill and Urquhart
Appointed—Participating members: Senators Bilyk, Brown, Cameron, Carr, Chisholm, Collins, Conroy, Dastyari, Dodson, Farrell, Gallacher, Gallagher, Lines, Marshall, McAllister, McCarthy, Moore, Polley, Pratt, Singh, Sterle, Watt and Wong
National Disability Insurance Scheme—Joint Standing Committee—
Discharged—Senator Gallagher
Appointed—Senator Gallacher 236 No. 7—15 September 2016
Public Accounts and Audit—Joint Statutory Committee—
Appointed—Senators Ketter and McAllister
Public Works—Joint Statutory Committee—
Appointed—Senator Gallacher
Treaties—Joint Standing Committee—
Discharged—Senator Singh
Appointed—Senator McAllister..