The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 12:30, read prayers and made an acknowledgement of country.
That so much of the standing orders be suspended as would prevent me moving a motion to give precedence to a motion relating to climate change.
The Senate divided. [13:05]
(The President—Senator Parry)
Regional Investment Corporation Bill 2017
The Senate divided. [13:17]
(The President—Senator Parry)
• Has failed to provide any coherent policy rationale for the establishment of the Regional Investment Corporation (RIC);
• Has offered mixed messages when enunciating the policy objectives for the establishment of the RIC;
• Has failed to undertake a cost-benefit analysis to give confidence that the $28m cost of establishing and operating the RIC delivers good value for the Australian taxpayer;
I will not lead a party that is not as committed to effective action on climate change as I am.
It's not the Government's job to tell them how to manage the plant. Governments do not run the car companies.
That the Senate take note of the answers given by the Attorney-General (Senator Brandis) to questions without notice asked by Senators Kitching, Dastyari and Singh today.
The COAG—
Energy Council should immediately agree to establish an Energy Security Board to have responsibility for the implementation of the blueprint and for providing whole-of-system oversight for energy security and reliability.
• The Energy Security Board should be provided with the necessary funding to operate.
• The Energy Security Board should be comprised of an independent Chair, supported by an independent Deputy Chair, with the Chief Executive of the Australian Energy Market Operator and the Chairs of the Australian Energy Regulator and the Australian Energy Market Commission as members.
• Administrative support for the Energy Security Board should be provided by the Australian Energy Market Operator.
That the Senate take note of the answer given by the Minister representing the Prime Minister (Senator Brandis) to a question without notice asked by Senator Di Natale today relating to renewable energy.
That the provisions of paragraphs 5 to 8 of standing order 111 not apply to various bills as set out in the list circulated in the chamber, allowing them to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2017 SPRING SITTINGS
Defence Legislation Amendment (Instrument Making) Bill 2017
Purpose of the Bill
To make amendments to the regulation making powers in the Defence Act 1903 to ensure the regulation making powers relating to a number of sunsetting instruments can continue.
Reasons for Urgency
Defence has a number of instruments that need to be remade due to a sunsetting deadline in April 2018. These include the Defence (Areas Control) Regulations 1989, the Defence (Inquiry) Regulations 1985 and the Defence (Public Areas) By-Laws 1987.
The timings of the remaking of the sunsetting instruments require the Defence Act amendments to be introduced and passed in the 2017 Spring sittings.
(Circulated by authority of the Minister for Defence Personnel)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2017 WINTER SITTINGS
INDUSTRIAL CHEMICALS BILL
INDUSTRIAL CHEMICALS (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL
Industrial Chemicals Charges (General) Bill
Industrial Chemicals Charges (Customs) Bill
Industrial Chemicals Charges (Excise) Bill
INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) AMENDMENT BILL
Purpose of the Bills
The proposed bills amend the existing Industrial Chemicals (Notification and Assessment) Act 1989 ; create new legislation to implement the reformed industrial chemicals scheme and create new legislation relating to charges on the registration of importers and manufacturers of certain industrial chemicals.
The bills will provide for significant reform of the regulation of industrial chemicals in Australia to:
Reasons for Urgency
The Government has made commitments about the timing of the implementation of the reform of the regulation of industrial chemicals and the election commitment including:
The bills require passage by the end of 2017 to enable these timing commitments to be met.
(Circulated by authority of the Assistant Minister for Health)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2017 SPRING SITTINGS
TREASURY LAW AMENDMENT (2017 MEASURES NO. 6) BILL
Purpose of the Bill
The purpose of the Treasury Laws Amendment (2017 Measures No. 6) Bill 2017 is to:
Reasons for Urgency
The 2017 Budget measure to remove the double taxation of digital currency has a commencement date of 1 July 2017. Passage of the legislation is urgent to give effect to the measure and provide certainty for the fintech sector.
In the 2017 Budget, the Government committed to implementing reforms to the credit card market as outlined in the Government's response to the Senate Inquiry into the credit card market (consultation paper released in May 2016). These reforms will improve consumer outcomes in the credit card market, assist consumers to better manage their credit card debts and foster competition in the credit card market. The Government has committed to legislating these reforms by the end of 2017 in order for consumers to benefit from these reforms as soon as possible and to give credit card providers a period of time in which to prepare for the changes.
Passage of the legislation is also urgent to give the CERI the certainty it needs to fundraise successfully.
(Circulated by authority of the Treasurer)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2017 Spring sittings
TREASURY LAWS AMENDMENT (HOUSING TAX INTEGRITY) BILL 2017 AND FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION AMENDMENT (VACANCY FEES) BILL 2017
Purpose of the Bill
This key Budget measure implements an integrity measure to address concerns that some taxpayers are claiming expenses without correctly apportioning costs, or have claimed travel costs that were for private purposes.
The tax system currently creates opportunities for plant and equipment to be depreciated by multiple owners of a property well in excess of its actual value. Excessive depreciation is enabled because the tax system allows asset values to be easily overstated or reset. This measure seeks to correct this by reflecting the value of existing plant and equipment as part of the capital expenditure incurred by the investor to purchase the residential property. The measure also seeks to preserve depreciation deductions where a direct outlay is made by a property investor for plant and equipment, or where the situation closely reflects such a scenario (such as where an investor purchases a new build or a substantially renovated home).
Reasons for Urgency
The measures implement part of the 2017 Budget Reducing Pressure on Affordable Housing reforms and need to be introduced and passed in the Spring 2017 sittings to ensure the effective implementation of the Government's plan and to provide certainty to affected stakeholders.
(Circulated by authority of the Treasurer)
Senator Brown did not vote, to compensate for the vacancy caused by the resignation of Senator Ludlam.
Senator McAllister did not vote, to compensate for the vacancy caused by the resignation of Senator Waters.
The Senate divided. [15:41]
(The President—Senator Parry)
That the Senate—
(a) notes that:
(i) over one million Australian tertiary students are forced to pay up to $294 per year as a Student Services and Amenities Fee (SSAF),
(ii) students at the moment have very little say in how the SSAF monies are spent by their universities and student associations, and
(iii) SSAF is levied regardless of students' need, willingness and ability to access the services and activities they are paying for; and
(b) calls on the Government to amend the Higher Education Support Act 2003 so that the SSAF can only be levied with the support of the majority of students at each university campus in a mandatory ballot conducted once an academic year.
S enator Wi lliams did not vote, to compensate for the vacancy caused by the resignation of Senator Ludlam.
S enator Smith did not vote, to compensate for the vacancy caused by the resignation of Senator Waters .
The Senate divided. [15:48]
(The President—Senator Parry)
The Senate divided. [15:52]
(The President—Senator Parry)
Coal-Fired Power Funding Prohibition Bill 2017
That the following bill be introduced: A Bill for an Act to prohibit Commonwealth support for coal-fired power stations, and for related purposes. Coal-Fired Power Funding Prohibition Bill 2017 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
COAL-FIRED POWER FUNDING PROHIBITION BILL 2017
Coal is dying. It's an industry in structural decline and almost every other leader in the world understands this except for Malcolm Turnbull and Donald Trump.
The world is rapidly moving away from dirty old coal – a legacy technology – and making the transition towards clean, green renewable energy.
In 2017, coal makes no sense. It doesn't stack up economically or environmentally and it is literally killing people. Not only are the emissions from coal-fired generation making global warming worse, but chemicals like mercury and sulphur dioxide are also being spewed into our atmosphere from burning coal. In Australia, we emit mercury at double the global average and inhaling it and other toxic chemicals carries serious health risks.
Coal doesn't even work when you need it to. During heatwaves in NSW, Liddell was unable to perform as two of its generator units were unable to switch on due to unforeseen boiler tube leaks.
There's a reason that no-one in the private sector is building new coal-fired power stations. It doesn't stack up economically. No-one is interested in investing billions of dollars into a giant coal-fired power station that no-one is going to want to switch on in a few years. No-one is interested in sinking capital investment into an ageing technology when the cost of renewables is plummeting and getting cheaper by the day. Investing in coal is about as sensible as investing in a company that builds fax machines and type-writers.
The cost of renewables is plummeting and we live in one of the sunniest, windiest places in the world. If this government had any vision, they'd be positioning Australia to take advantage of the energy revolution. We would be leading the world in renewable energy technology, we'd have some of the lowest prices in the world and we'd be reducing pollution across the economy.
Instead, we're being left behind. While Minister Frydenberg waxes lyrical about the falling cost of renewables, China is getting on with it and introducing an Emissions Trading Scheme. While the Treasurer and Minister Joyce throw chunks of coal around in Parliament, Germany has been getting up to 85 percent of its electricity from renewable sources on sunny, windy days this year.
To ensure we transition to a nation that is powered by renewables, we need to do two things at once: rapidly introduce clean, cheap, reliable renewable energy into the system, and conduct an orderly retirement of coal-fired power stations. Renewables in, coal out.
But that hasn't stopped this government from peddling their dangerous obsession with coal. So now, we have to stop them.
The conservatives in this place only live and die by the market when it suits them. Right now – markets around the world are forcing out coal and the falling cost of renewables and storage is only going to make them more competitive. So now they're openly talking about frantically pulling on the only lever that's available to them – using public money that should be going to schools and hospitals to fund coal. This is a truly desperate and despicable step by a Prime Minister that's doing anything he can to hang onto power.
Now, the government is trying to build a public case to keep the decrepit old clunker Liddell open, a joint that's held together by spit and sticky-tape. Liddell is falling apart and the current owners, AGL, don't want to spend the money keeping it open, so some in the government are talking about dipping into the public purse to help this old station stay open.
It should be illegal to use public money in this way. Public money that should be going to schools and hospitals. Public money that should be spent on science and research. Public money that should be spent on reducing inequality in this country and ensuring that everyone has access to a high quality education. Public money that should be spent securing our renewable energy future. Public money should be used in the public interest. If the government is wanting to use public money to burn our planet and make climate change worse, that should be illegal. We have to stop them.
The private Senator's bill I introduce today, the Coal-Fired Power Funding Prohibition Bill 2017 prohibits:
However, this bill does ensure that the government can provide public money to transition-affected workers into new industry or use public money to manage the closure of a coal-fired power station.
Let's be very clear about this: Coal. Kills. Whether it's through the toxic pollutants it spews into the atmosphere that affect the air we breathe, or the global warming that it accelerates that will destroy our way of life – we need to stop burning coal. Already, industry and investment are moving away from coal. No major financial institution in Australia wants to finance Adani and no-one is interested in building new coal-fired power stations. This government and the Trumps in the backbench who control it are resisting and opposing what the markets they claim to worship are telling them, what the science is telling them, what the private sector is telling them, what public opinion is telling them and, most importantly, what the world is telling them. In their blind, dangerous resistance they are turning to the only option they have left: a culture war.
They're using their leverage over Prime Minister Turnbull to condemn our future generations and the Greens are the only ones willing to stand in the way.
Why? Because you can't count on Labor to do it. Labor and Liberals are wedded to each other and wedded to coal. The Labor party tries to talk the talk on renewables and a Clean Energy Target, but then, when the Greens introduce a motion into this place to rule out any attempts to extend the life of Liddell and to develop a plan for an orderly transition away from coal, where do they vote? They vote with the government.
Because when push comes to shove, the Labor party are still beholden to the fossil fuel companies. Labor are still in the pocket of coal. Worse still, the revolving door between big interests isn't just for the Coalition, but the Labor party as well. According to an article published in The Conversation on the 22 of June last year, Martin Ferguson, Craig Emerson and Greg Combet all either took up management jobs with mining and energy companies and associations or worked as consultants for them. Earlier this year,The Australian revealed that Cameron Milner, who has worked for the premier of QLD and in the Leader of the Opposition's office, is volunteering with the ALP while keeping his day job as director and registered lobbyist at Next Level Strategic Services (NLSS), which counts among its clients Indian miner Adani.
But, the Greens have a plan. We've got a plan to extend the Renewable Energy Target which – despite what Senator Abetz and Mr Abbott say – is working, a plan to legislate a national storage target to run Australia on 100% renewable energy, a plan to transition workers from coal communities into the jobs of the future and a plan to re-regulate electricity prices to bring costs down and provide much needed relief for families around this country. We've laid out this plan and we're confident that if it was implemented, we could stabilise the grid, restore investment confidence and end the investment strike on renewables, bring down pollution, bring down prices and meet our paltry Paris obligations.
It is ideology and weakness, from the Coalition and from Labor, that are standing in the way of the energy revolution. Instead, what we are served up from our government is fear-mongering that falsely blames blackouts on renewables. It is juvenile name-calling in the chamber and it is a government that instead of taking real action to bring down prices, forces energy retailers to write letters to customers telling them how much they've been ripped off.
Enough is enough.
I urge the Labor party and the crossbench to find the courage to support this bill so we can take one important step forward, when the government insists on going backwards. Our precious, scarce public money should not be used propping up old, clunky and dirty coal-fired power stations. If the government doesn't understand that, then we need to make sure that they can't waste our money on this ever again.
That the Senate—
(a) notes that the International Campaign to Abolish Nuclear Weapons (ICAN) was launched in Melbourne in 2007, and is now made up of more than 450 civil society organisations in more than 100 countries;
(b) welcomes ICAN's work to draw attention to the catastrophic humanitarian consequences of any use of nuclear weapons, and its efforts to achieve the prohibition of such weapons; and
(c) congratulates ICAN on winning the 2017 Nobel Peace Prize.
That the Senate—
(a) notes with concern that the current wildfires in California are the deadliest and most destructive cluster of fires in California's history;
(b) expresses sympathy for the loved ones of the more than 40 people who have died, and for the thousands who have lost their properties;
(c) notes that extreme weather events, such as these fires, will become more frequent and more extreme as the climate changes;
(d) further notes that in Australia, in 2009, 173 people died as a result of the Black Saturday bushfires and 980 people died in the lead-up to those fires; and
(e) rejects claims by former Prime Minister, Mr Tony Abbott, that climate change is "probably doing good; or at least, more good than harm", and confirms that climate change will result in an increase worldwide in deaths from heat stress, malnutrition and extreme weather events.
That the Senate—
(a) notes that:
(i) the Garvan Institute for Medical Research (the Garvan Institute) is conducting ground-breaking work on cancer, including cancer genomics, which is proving an important approach for rare and high mortality cancers,
(ii) the Garvan Institute has limited access to supercomputers to process big data for precision cancer research, and so has teamed up with the Vodafone Foundation to create a new app, DreamLab, to help it overcome this obstacle,
(iii) the DreamLab app pulls together the processing power of users' smartphones at night and other times the phones sit idle to give Garvan free access to a supercomputer resource,
(iv) the DreamLab app has been available on Android phones since launching last year and, on 23 October 2017, the app will also be available on iPhone,
(v) so far, more than 100,000 Australians have downloaded the application on Android phones, which the Garvan Institute says has helped it fast-track the rate of its cancer research by 50 per cent, and
(vi) the Garvan Institute hopes to encourage 1 million people to download the app, to help it fast¬ track important cancer research; and
(b) calls on all senators to download the DreamLab app on 23 October 2017 and do their part to help propel the Garvan Institute's cancer research capabilities.
That the Senate—
(a) notes:
(i) that this week is Bone and Joint Awareness Week, and today, 17 October 2017, is World Orthopaedic Trauma Day,
(ii) that Australians who suffer orthopaedic trauma have access to excellent emergency care (ambulance and paramedic services) which positively impacts the outcomes they experience, however, some experience fragmented ongoing care,
(iii) the primary role played by the Australian Orthopaedic Association (the Association) and its fellows in providing Australians with excellent orthopaedic fracture care,
(iv) the important role of the Association's Orthopaedic Outreach in assisting our Pacific Island neighbours with developing fracture care and improving outcomes, especially in the wake of orthopaedic trauma,
(v) that Orthopaedic Outreach is entirely funded by donations and by pro bono care provided by fellows of the Association, but this only funds a limited service, requiring the Association to seek external funding in order to grow this successful program,
(vi) that the Federal Government provides some funding towards the Pacific Islands Project (PIP) administered by the Royal Australian College of Surgeons for surgical care delivery, and
(vii) the pivotal role of the Pacific Islands Orthopaedic Association in developing an innovative program to train doctors in orthopaedic fracture care in the major Pacific Island countries, including Papua New Guinea, Fiji, Solomons, Samoa, Vanuatu, Kiribati, American Samoa and Micronesia; and
(b) calls on the Government to:
(i) work with state governments to ensure that Australia continues to develop integrated trauma services dedicated to providing Australians with high quality ongoing trauma care from accident site to rehabilitation,
(ii) work with state governments and the Australian orthopaedic community to reduce public hospital waiting times so as to ensure equitable and timely access for all Australians to life-changing surgical technology for artificial joint replacement for severe arthritis,
(iii) prioritise funding from the Department of Foreign Affairs and Trade to the Pacific Islands Project and consider providing funding to Orthopaedic Outreach and the Pacific Islands Orthopaedic Association towards training for trauma care in the Pacific Islands, and
(iv) assist Pacific Island countries in the development of specialty health networks similar to the model developed by the Pacific Islands Orthopaedic Association.
That the Senate—
(a) notes that this week is Anti-Poverty Week 2017;
(b) recognises that more than three million Australians are living in poverty and hardship;
(c) acknowledges that one in six children are living in poverty and almost half of all children living in poverty are in single parent households;
(d) notes that the main aims of Anti-Poverty Week are to encourage research, discussion and action to address poverty and hardship; and
(e) calls on the Government to commit to reducing poverty by at least 50 per cent by 2030, in line with the Sustainable Development Goals.
That the Senate—
(a) notes that:
(i) the Government has proposed cutting public subsidies to the higher education enabling programs and introducing fees for these students for the first time,
(ii) from 2011 to 2015, the University of Newcastle had the highest number of students in enabling programs, and
(iii) enabling programs are essential for the University of Newcastle and many other universities to meet the needs of their diverse communities; and
(b) calls on the Government to abandon plans to cut public subsidies and introduce fees for students in the enabling programs.
The evidence is now overwhelming that changes to the level of the charge, or other aspects of HECS-HELP … have no discernible effects on student behaviour or choices.
That the Senate—
(1) notes:
(a) the Australian Capital Territory (ACT) government's approval of a trial of pill testing at the Spilt Milk music festival at Commonwealth Park, Canberra on 25 November 2017;
(b) that the ACT Shadow Attorney-General (Mr Hanson) wrote to the Minister for Local Government and Territories and the Minister for Health (Senator Nash) about the Federal Government's 'anti-drug campaign' highlighting that the Minister can give the National Capital Authority 'general directions as to the performance of its functions; and
(c) that the pill testing trial at Spilt Milk was subsequently postponed due to requirements for further documentation in untenable timeframes by the National Capital Authority.
(2) orders that there be laid on the table by the Minister for Local Government and Territories, by no later than 6 pm on 19 October 2017:
(a) any response from a government Minister to the correspondence from the ACT Shadow Attorney-General; and
(b) any documents relating to the pill testing trial at the Spilt Milk festival in the Australian Capital Territory to the National Capital Authority from the Minister for Regional Development, the Attorney-General, the Minister for Health or any other government source in September or October 2017.
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
The Government within a month, reports to the Senate, on the number of jobs which would have been available to Australians but were taken by individuals on international student visas."
That, in the opinion of the Senate, the following is a matter of urgency:
The Government within a month, reports to the Senate, on the number of jobs which would have been available to Australians but were taken by individuals on international student visas.
He was termed the Father of the Swan, and was distinguished as being one of the most energetic, persevering, and active of settlers. He took a lead in agricultural and pastoral interests. While many of the early settlers were discussing and talking about the capabilities of the soil, and the products most likely to succeed, he was actively engaged in testing them; and was, we believe, the first person in the colony to sow wheat.
The great vice of democracy … is that for a generation we have been busy getting ourselves on to the list of beneficiaries and removing ourselves from the list of contributors, as if somewhere there was … somebody else's effort on which we could thrive.
A man may be a tough, concentrated, successful money-maker and never contribute to his country anything more than a horrible example.
This report is the 72nd in a series of reports recommending that a right of reply be afforded to persons who claim to have been adversely affected by being referred to in the Senate, either by name or in such a way as to be readily identified.
On 22 August 2017, the President received a submission from Ms Jane Carrigan, relating to a report tabled in the Senate by the Minister for Employment (Senator Cash) on 15 March 2015. The President referred the submission to the committee under Privilege Resolution 5.
The committee considered the submission at its meeting on 7 September 2017, including whether the resolution relating to the protection of persons referred to in the Senate extends to the case where the person was referred to in documents tabled in the Senate. In this context the committee noted that the document is a report that was prepared for the purposes of advising the Parliament as to whether there was a reasonable basis to consider requesting the Governor-General to remove a now former Vice President of the Fair Work Commission from his position. Ms Carrigan's formal complaint about the Vice President's behaviour was considered in the report that was prepared for the purposes of transacting the business of the Senate. It was tabled in the Senate and therefore is part of the Senate's proceedings. In this instance the committee has agreed that Privilege Resolution 5 applies and recommends that the proposed response be incorporated inHansard.
The committee reminds the Senate that in matters of this nature it does not judge the truth or otherwise of statements made by honourable senators or the persons referred to. Rather, it ensures that these persons' submissions, and ultimately the responses it recommends, accord with the criteria set out in Privilege Resolution 5.
I commend the motion to the Senate.
That the Senate take note of the report.
Australian Government response to t he Senate Education, Employment and Workplace Relations Legislation Committee report: Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 [Provisions]
October 2017
The Senate, Education, Employment and Workplace Relations Legislation Committee Report
Inquiry into Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 [Provisions]
GOVERNMENT ' S RESPONSE TO RECOMMENDATIONS
Background
In March 2013, the Senate Education, Employment and Workplace Relations Legislation Committee's (the Committee's) report on the Protecting Local Jobs (Regulating Enterprise Migration Agreements) Bill 2012 (the Bill) was tabled in Parliament.
The Bill was introduced to the House of Representatives on 18 June 2012 and was negatived by the House on 16 May 2013.
The Australian Government notes the recommendations in the Committee's report, the Minority Report, and Additional Comments. In doing so, the Australian Government notes that Enterprise Migration Agreements are no longer available.
Australian Government response to the Senate Legal and Constitutional Affairs References Committee report: Value of a justice reinvestment approach to criminal justice in Australia
October 2017
Introduction
The Senate Legal and Constitutional Affairs References Committee report, Value of a justice reinvestment approach to criminal justice in Australia, provides a valuable summary of the methodology and objectives of justice reinvestment, and its possible application in Australia, by highlighting opportunities and challenges.
Justice reinvestment is fundamentally about diverting funding from the corrections system into community-based crime prevention and community strengthening programs. It is an approach that saves government spending on corrections and related criminal justice measures and reinvests those savings into the community to improve public safety. The Commonwealth Government cannot effectively fund justice reinvestment projects because state and territory governments are solely responsible for managing corrections systems in Australia and are largely responsible for corrections budgets, with the exception of a small percentage of funding for federal offenders.
The elements that make up the criminal justice system, including prisons and in-prison rehabilitation services, are generally the responsibility of state and territory governments. Furthermore, the majority of offenders in the criminal justice system have committed offences under state and territory laws. As identified in the Minority report by Coalition Senators , the success of justice reinvestment therefore ultimately rests with the states and territories.
The role of the Commonwealth Government is to support the states and territories to implement a justice reinvestment approach to funding programs.
The Commonwealth Government's role also includes funding prevention programs to improve community safety, recognising that improvements in this area support a reduction in crime and may result in fewer people in prison. Examples of such programs include those under the Proceeds of Crime Act 2002 , which allocates assets confiscated from criminals to crime prevention projects that will benefit the community, including security infrastructure and early intervention and diversion projects. The Commonwealth Government also provides funding for a range of activities to improve community safety for Aboriginal and Torres Strait Islander Australians through the Indigenous Advancement Strategy (IAS).
On 28 July 2016 the Commonwealth Government announced the Royal Commission into the Detention of Children in the Northern Territory. The Royal Commission may consider similar matters to those examined in this report. The Commonwealth Government will consider all recommendations of the Royal Commission once it reports in 2017.
Recommendations 1 and 2
7.116 The committee recommends that the Commonwealth take a leading role in identifying the data required to implement a justice reinvestment approach and establish a national approach to the data collection of justice indicators.
7.117 The committee recommends that the Commonwealth make a commitment to sharing relevant data held by Commonwealth line agencies with justice reinvestment initiatives in other jurisdictions.
Supported in principle.
The Commonwealth Government recognises that data limitations can hinder capacity to measure the impact of programs. Similarly, sharing information and data across jurisdictions is important to making informed decisions about service delivery and funding.
Identifying and sharing the data required to effectively implement a justice reinvestment approach is a matter for states and territories which are responsible for their own criminal justice systems and associated data.
The Commonwealth Government can continue to work with states and territories to develop nationally comparable justice data sets and to encourage evaluation within criminal justice and corrections policy.
As identified in the report, Commonwealth Government departments are currently taking action to improve data collection. The Productivity Commission publishes an annual multi‑volume Report on government services that includes a volume on performance reporting for police services, courts and corrective services using data from all governments. It also includes in the community services volume a chapter on justice services for children and young offenders.
The Australian Bureau of Statistics (ABS) and the Australian Institute of Health and Welfare (AIHW) are working with states and territories to improve data collection in relation to offending, victimisation, juvenile recidivism, corrective services and Indigenous status.
The ABS is working with its state and territory counterparts to develop national crime, corrective services and court data sets. The ABS produces annual publications on victims of crime, recorded crime offenders and prisoners in Australia. Data collected on corrective services is published quarterly. Governments use these publications for research and policy development.
The Commonwealth Government supports a continued role in sharing information with other jurisdictions to identify and respond to the causes of criminal offending, while also ensuring the privacy of individuals. The Council of Australian Governments (COAG), the Law, Crime and Community Safety Council (LCCSC) and the National Justice and Policing Senior Officials Group all provide mechanisms to share best practice. Ministers have agreed through the LCCSC that jurisdictions will continue to share information, facilitating learnings from experience gained elsewhere and supporting evidence-based policy and program development.
Recommendation 3
7.120 The committee recommends that the Commonwealth, State and Territory Governments recognise the importance of long term, sustainable funding for programs including adequate provision for robust evaluation.
Supported.
The supporting text in the report for the recommendation focuses on addressing disadvantage and particularly on programs for Indigenous people. It also discusses the need for evaluation of justice reinvestment-like early intervention projects.
The Commonwealth Government recognises the need for sustainable funding, especially of programs designed to address disadvantage and access to justice. As an example, the Commonwealth Government funds legal aid commissions and most Indigenous legal assistance providers under five year agreements.
The Commonwealth Government is particularly concerned about the high levels of disadvantage experienced by many Indigenous Australians. The IAS, administered by the Department of the Prime Minister and Cabinet, is the strategy through which the Commonwealth Government funds and delivers a range of programs working towards improved, sustainable outcomes for Indigenous Australians. A total of $4.9 billion has been allocated to the IAS over four years (to 2018-19) to improve outcomes for Indigenous Australians.
Through the IAS Safety and Wellbeing Program, the Commonwealth Government invests in activities to make communities safer for Indigenous Australians, and enable them to enjoy similar levels of physical, emotional and social wellbeing as those enjoyed by other Australians. This includes activities designed to reduce rates of violence and offending, reduce alcohol and substance misuse and provide support to victims. The desired outcomes of the Safety and Wellbeing Programme include:
The Commonwealth Government is assessing the impact of selected IAS investments through a number of targeted evaluations, including randomised controlled trials. The Commonwealth Government pursues well-designed monitoring and evaluation delivered in collaboration with Indigenous Australians. Additionally, ongoing service delivery is monitored by Commonwealth staff located in regional offices across Australia.
It is important to note that a lack of good quality, robust evaluation of impact is not an issue unique to Indigenous policy or programs. While the IAS activities being evaluated are targeted to Indigenous Australians, the findings build the evidence base for what works to improve community safety more broadly.
Recommendation 4
7.123 The committee recommends that the Commonwealth consider the establishment of a justice reinvestment clearinghouse to compile, disseminate, and promote research and program evaluation in all communities.
Not supported.
The Commonwealth Government does not support the establishment of a new clearinghouse for this purpose.
The Indigenous Justice Clearinghouse is jointly funded by the Commonwealth and states and territories. The clearinghouse has published articles relevant to justice reinvestment.
The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and justice. AIC research has included projects on justice reinvestment in Australia which it publishes on its website.
Extensive information on justice reinvestment is also readily available in academic journals and published online, especially in relation to experiences in the United States of America. A number of websites, published materials and academic journals currently provide access to evaluations and research relevant to the justice sector, including in relation to Indigenous Australians.
The Commonwealth Government notes, for example, the BetterEvaluation website, www.betterevaluation.org which provides information on working with service providers and evaluating the impact of programs.
Recommendation 5
8.49 The committee recommends that the Commonwealth adopt a leadership role in supporting the implementation of justice reinvestment, through the Council of Australian Governments.
Noted.
The Commonwealth Government can encourage state and territory governments to consider the implementation of justice reinvestment.
As noted in the introduction, the Commonwealth Government cannot directly implement justice reinvestment projects because state and territory governments are responsible for managing corrections systems in Australia and for corrections budgets.
As discussed above, the Commonwealth Government's role includes funding prevention programs to improve community safety, and funding for a range of activities to improve community safety for Aboriginal and Torres Strait Islander Australians through the IAS.
Where jurisdictions want to implement justice reinvestment approaches, the Commonwealth Government will aim to support their efforts by funding a range of prevention, diversion and rehabilitation programs to achieve improvements in justice outcomes. For example, through the IAS, the Commonwealth Government supports practical, on the ground activities that improve the safety, health, and social and emotional wellbeing of Indigenous Australians. These activities aim to address some of the underlying drivers of crime and include prevention and treatment programs in drug, alcohol and substance misuse and programs to reduce offending, violence and victimisation in Indigenous communities.
Recommendations 6 and 7
8.50 The committee recommends that the Commonwealth commit to the establishment of a trial of justice reinvestment in Australia in conjunction with the relevant states and territories, using a place ‑based approach, and that at least one remote Indigenous community be included as a site.
8.51 Further, the committee recommends that any trial actively involve local communities in the process, is conducted on the basis of rigorous justice mapping over a minimum time frame beyond the electoral cycle and be subject to a robust evaluation process.
8.52 The committee recommends that the Commonwealth provide funding for the trial of justice reinvestment in Australia.
Supported in principle.
The Commonwealth Government will encourage states and territories to continue to investigate the feasibility of justice reinvestment including through suitable place-based trials.
While the Commonwealth could work with jurisdictions on the possibility of establishing a justice reinvestment trial, the Commonwealth Government cannot instigate a trial of a true justice reinvestment approach alone. With the exception of a small amount of funding for federal offenders, state and territory governments are responsible for budgets for corrections and therefore would be responsible for diverting and reinvesting funds from corrections budgets to underpin justice reinvestment responses.
The Commonwealth Government is interested in working with states and territories to implement justice reinvestment approaches, including undertaking rigorous evaluation of the outcomes. This could include leveraging the investment the Commonwealth Government already provides for activities to improve community safety, and, where possible, providing data to measure the outcomes of initiatives targeted at reducing offending. The Commonwealth Government is already working with several state and territory governments to identify opportunities to take a place-based, data-driven approach, consistent with the principles of justice reinvestment, to deliver tailored, client-focused services to address offending in at-risk communities.
Recommendation 8
8.53 The committee recommends that the Commonwealth, through the Standing Committee on Law and Justice, promote the establishment of an independent central coordinating body for justice reinvestment with the following roles:
Not supported.
The Commonwealth Government does not support the establishment of a new central body which would most likely duplicate the work of existing organisations and agencies.
The Commonwealth Government recognises the importance of the proposed roles set out by the report. As detailed in the response to recommendations 1 and 2, work on data collection and evaluation is underway. Academic organisations and a range of government agencies, including the New South Wales Bureau of Crime Statistics and Research, the AIC and the Indigenous Justice Clearinghouse, monitor and provide advice on justice initiatives.
The Commonwealth Government will encourage relevant state and territory ministers to continue to investigate the feasibility of justice reinvestment. The Commonwealth Government will look for opportunities to initiate discussions with LCCSC representatives about the principles of justice reinvestment.
Recommendation 9
8.55 The committee recommends that the Commonwealth refer to the Council of Australian Governments the establishment of justice targets for Aboriginal and Torres Strait Islander people as part of the Closing the Gap initiative, directed to reducing the imprisonment rate of Aboriginal and Torres Strait Islander people.
Noted.
The Commonwealth Government recognises that the Northern Territory, Victoria and South Australia have already set various targets in relation to justice outcomes and commends these jurisdictions for taking this action. The Commonwealth Government encourages states and territories that have not yet set justice targets to do so.
It is a priority for the Commonwealth Government to work with states and territories to drive down Indigenous offending, victimisation and incarceration.
Where individual states and territories commit to justice targets, the Commonwealth Government will work collaboratively to identify practical actions that will help achieve the targets.
That the Senate take note of the document.
Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017
Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017
That Senator O'Sullivan be discharged from and Senator Bushby be appointed to the Parliamentary Joint Committee on Law Enforcement.
Customs Amendment (Anti-Dumping Measures) Bill 2017
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017
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.
CUSTOMS AMENDMENT (ANTI-DUMPING MEASURES) BILL 2017
I am pleased to present the Customs Amendment (Anti-Dumping Measures) Bill 2017.
The Government is committed to free and fair trade. Protectionist policies will not solve the problem of slow-growing economies throughout the world. More globalised trade provides very real benefits for Australian businesses and consumers, such as greater access to materials for manufacturing and decreased prices for goods, to name just two.
Australian businesses must be globally competitive and should not be shielded from genuine competition.
However, dumping and foreign government subsidisation of goods exported to Australia is not genuine competition and can distort markets and injure Australian manufacturers. Our anti-dumping system allows Australian manufacturing businesses to compete on a level playing field against imported goods, by imposing duties on those goods in proven cases of dumping or subsidisation. A robust and effective anti-dumping system is an essential part of the Government's commitment to free and fair trade.
Since 2013, more than 93 new anti‑dumping or subsidy investigations have been initiated by the Anti-Dumping Commission, and there are currently more than 75 final measures in place on dumped or subsidised goods exported to Australia.
Australia's anti-dumping system is composed of a number of interlinked processes, all of which need to operate effectively to ensure the system's ongoing effectiveness. The amendment that I am introducing today is designed to address an unintended consequence generated in one of these processes, known as 'reviews of measures'.
After anti-dumping duties have been in place for 12 months, affected parties can apply for a review of measures. The purpose of the review is to ensure that the rate of the duty is contemporaneous. The new duty rate is calculated by, amongst other things, examining the price the foreign exporter sells the goods for in their home market, and the price at which they export the goods to Australia.
Reviews allow anti-dumping duties to keep in step with changes in exporter's commercial behaviour. If the exporter continues to dump, the duty rate can stay the same or increase. If the exporter has stopped or reduced their rate of dumping, the duty rate can decrease.
Currently, there exists the possibility that foreign exporters subject to duties can subvert the reviews of measures process to undermine the remedial effect of Australia's anti-dumping system. Foreign exporters are able to deliberately limit exports of the dutiable goods for a period of time in order to obtain a more favourable rate of duty for future exports. This facilitates the opportunity for the exporter to resume dumping and continue to injure Australian industry.
To address this behaviour, which is clearly against the intent of Australia's anti‑dumping system, the Government is introducing specific methods to determine export prices for foreign exporters in reviews of measures.
When an exporter has made no exports during a review period, or has made a small number of exports that are not representative of commercial trade, the Anti-Dumping Commission will be able to use three specified methods to set an export price. This export price then informs the level of dumping duty that is applied to future exports.
This change will increase Australian manufacturing industry's confidence in the strength of the anti-dumping system by removing an unintended consequence of reviews of measures which could be exploited by foreign exporters. This will make sure that the system continues to operate as intended to provide relief from injurious dumping for Australian manufacturers.
Australia's anti-dumping system is held in high regard by many of our trading partners, and so the Government has worked hard to ensure that this change complies with our international trade obligations, and that it will not diminish the international perception of our system's integrity and transparency.
Australia's anti‑dumping system is a complex space that necessitates both long-term vision as well as the ability to act rapidly when significant issues arise. The Government continually monitors the efficiency and effectiveness of the system, and remains in close consultation with Australian industry stakeholders in evaluating the need for further reform.
The Government is committed to ensuring that Australian industry can compete on a level playing field. This amendment will ensure that Australian industries continue to have access to a strong anti-dumping system that delivers efficient and effective remedies for Australian businesses injured by dumping and subsidisation.
I commend the bill to the Chamber.
FAIR WORK (REGISTERED ORGANISATIONS) AMENDMENT (ENSURING INTEGRITY) BILL 2017
I move that this Bill now be read a second time.
Unions and employer associations have a privileged position in the workplace relations system and the economy more broadly, and their members place a great deal of trust in them.
There is absolutely no place for those who breach this trust and act in their own interest at the expense of members.
There is also no place for those who show nothing but contempt for the laws that apply equally to all Australians.
That is why we committed at the last election to implement the changes in this Bill to ensure that unions, employer associations and their officials act with integrity.
The changes in the Bill strengthen the grounds for the Fair Work Commission and the Federal Court to deal effectively with the financial misconduct, disregard for the law and abandonment of members that has been all too common in recent times.
The Royal Commission into Trade Union Governance and Corruption identified countless examples of officials breaching their duties, engaging in blackmail, extortion, coercion and secondary boycott conduct, abusing their rights of entry, acting in contempt of court or failing to stop their organisations from repeatedly breaking the law.
The Bill will restore integrity to registered organisations through four improvements to the law.
First, the Bill will create a public interest test to be applied by the Fair Work Commission when unions or employer associations seek to merge.
When companies seek to merge, they must first satisfy a regulator – the ACCC - such a merger won't substantially lessen competition.
This competition test is like a public interest test companies seeking to merge.
By comparison, unions and employer associations face no similar test. Currently, the Fair Work Commission has very limited ability to do anything other than effectively rubber stamp a merger approved by just a bare majority of members.
There are no general public interest considerations and there is very limited scope for affected parties to raise any concerns about a proposed merger of registered organisations.
Some unions and employer groups have greater assets than many companies. Some also have a capacity to disrupt major sections of the economy. And considering their privileged position, including tax exempt status, it is especially important that they are accountable.
If large, powerful unions or employer groups seek to become more powerful, with more coverage across the economy, then a public interest test should apply.
So this Bill introduces a new public interest test, which will take account of the broader impact of a proposed merger and also the record of the organisations in complying with the law.
Second, the Bill will strengthen the Federal Court's power to disqualify an official from standing for or holding office where they deliberately flout the law, fail to act in their members' interests, breach their duties or are otherwise found to be not fit and proper to act as officials.
The Bill will also make it an offence to act as an official while disqualified.
Again, this is a sensible change, consistent with community standards.
If a company director breaks the law they can be disqualified by a court from running a corporation. If a driver repeatedly breaks the road rules, they can be disqualified by a court from holding a driver's licence.
A similar standard should be applied to an official from a registered organisation who repeatedly breaks the law.
As recommended by the Royal Commission, the Bill also includes automatic disqualification for serious criminal offences punishable by five or more years' imprisonment.
How can anyone seriously suggest that individuals convicted of serious offences such as blackmail, extortion and threatening to cause serious harm to public officials, should be allowed to hold office in a registered organisation?
Third, the Bill strengthens the powers for the Federal Court to cancel the registration of an organisation or take appropriate action against a part of the organisation.
Under present rules, it is virtually impossible to deregister a union or employer organisation – even if they persistently break the law.
This needs to change.
This Bill will allow the Court to cancel registration where the organisation or its senior officials have repeatedly broken the law, breached their duties or failed to put their members first.
Again, this applies a consistent standard. The new grounds for cancellation are modelled on similar power relating to the winding up of companies.
Where a ground for cancellation has been made out because of the conduct of officers or members of a particular branch of an organisation, the Bill will also provide for the Court to make an order specific to that particular branch, division or other part of an organisation.
Last, the Bill strengthens the provisions providing for an organisation to be placed into administration. The current provisions offer little guidance on the circumstances in which administration is available, and do not make clear what steps the Court can take to deal with those situations.
The proposed provisions will ensure that the Court can appoint an administrator to a registered organisation or part of it when financial misconduct has occurred in an organisation, its officials have repeatedly broken the law or breached their duties or it is otherwise dysfunctional.
These provisions will deal with the problems that arose in the context of the HSU being placed into administration. That case was ultimately resolved because the parties largely agreed about the facts in issue.
However, there were numerous court applications, which resulted in a confusing process that could have been extremely lengthy had the facts been contested.
All of these changes will help ensure that unions and employer groups focus on doing the right thing by their members and the industries they represent and ensure that when the law is broken, the court can take action.
The Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 will help improve and in some cases, restore, a culture of integrity to registered organisations - for the benefit of members and also the wider community.
That resumption of the debate be made an order of the day for a later hour.
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
That the Competition and Consumer (Industry Code—Sugar) Regulations 2017, made under the Competition and Consumer Act 2010, be disallowed.
The committee recommends the development and implementation of a mandatory sugar industry code of conduct acknowledging that provide appropriate stake holder consultation is undertaking the work of the sugar marketing code of conduct task force may provide a foundation on which a code of conduct may be established.
The code came into force in April 2017. Three years into a bitter dispute triggered by several mill owners attempting to unilaterally take control of all sugar marketing in their regions. Assisting a resolution in that dispute, the code is now a point of security for you in our future negotiations. The code addresses a power imbalance between millers and growers by requiring good faith, fair and honest negotiations without intimidation.. In the case of Wilmar sugar suppliers in 2017, the code of conduct forced the miller to complete a cane supplier agreement negotiations and prevented it from continuing to hold growers to ransom head of the start of the season.
The sugar industry code of conduct is point of security for our organisation in all negotiations with our only available milling company, MSF Sugar Limited.
… with our only available milling company, MSF Sugar Limited. Should the code be disallowed, our sugar cane producers would be put in an extremely vulnerable position in an area where the mill owners, MSF Sugar, has a regional monopoly.
This disallowance motion disregards a 2015 Senate committee's recommendation, pre-judges the code form review in 2018 and was introduced by a senator who has not taken the time to talk to sugar canegrowers, representatives of the industry or to understand its recent history.
Growers need to accept the new reality of multinational companies owning Queensland sugar mills.
Senator Chisholm did not vote, to compensate for the vacancy caused by the resignation of Senator Ludlam.
Senator O'Neill did not vote, to compensate for the vacancy caused by the resignation of Senator Waters .
The Senate divided. [18:41]
(The Deputy President—Senator Lines)
That the following legislative instruments, made under the Australian Citizenship Act 2007 , be disallowed:
(a) the Citizenship (Authorisation) Revocation and Authorisation Instrument 2017 [F2017L01044]; and
(b) the Citizenship (Authorisation) Revocation and Authorisation Amendment Instrument 2017 [F2017L01074].
(iii) Mayor of a local government council, except the Mayor of the City of Yarra Council and Mayor of the Darebin City Council;
(iv) Deputy Mayor of a local government council, except the Deputy Mayor of the City of Yarra Council and the Deputy Mayor of the Darebin City Council;
(v) Chief Executive Officer of a local government council, except the Chief Executive Officer of the City of Yarra Council and the Chief Executive Officer of the Darebin City Council;
(vi) General Manager of a local government council, except the General Manager of the City of Yarra Council and the General Manager of the Darebin City Council;
Hopefully this decision will be a turning point and Victorians will see the judiciary in this state begin to reflect community expectations in sentencing and parole practices.
For too long, magistrates, judges and the parole board in this state have not met the expectation of the community, nor in justice being done and being seen to be done.
… there was an "an obvious disconnect between judges and the broader public".
It is an opportunity for the court. If they show they are prepared to accept what the community has been saying for a very long time and now what the High Court is saying, to take the opportunity and raise sentencing principles of community protection and punishment of an offender above current sentencing standards.
… celebrates the Australia India relationship while honouring migrant entrepreneurship and community leadership. These awards acknowledge migrants who have achieved and contributed greatly to our multicultural nation. IABCA raises awareness of Indians in Australia and Australians in India, in a way that encourages further growth in relations—
The maritime boundary dispute—
has strained our bilateral relations and has gone on too long.
… a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.
… it is becoming apparent that racing and strenuous exercise, the actual substance of being a racehorse, is exactly what is putting these horses at risk.