The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:30, read prayers and made an acknowledgement of country.
Treasury Laws Amendment (Housing Tax Integrity) Bill 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Vacancy Fees) Bill 2017
Consideration resumed of the motion:
That these bills be now read a second time.
That pursuant to section 376 of the Commonwealth Electoral Act 1918 , the Senate refers to the Court of Disputed Returns the following questions—
(a) whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of Tasmania in the Senate for the place for which Jacqui Lambie was returned;
(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;
(c) what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
(d) what, if any, orders should be made as to the costs of these proceedings.
Treasury Laws Amendment (Housing Tax Integrity) Bill 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Vacancy Fees) Bill 2017
We know that Senator Cash's office was ringing around media organisations yesterday afternoon, telling them that this was going to occur.
That the Senate take note of the answers given by the Minister for Employment (Senator Cash) to questions without notice asked by Senators Cameron and Watt today relating to the minister’s attendance before supplementary Budget estimates hearings of the Education and Employment Legislation Committee.1 Motions to take note of answers
The conduct that has emerged discloses systemic corruption and unlawful conduct, including corrupt payments, physical and verbal violence, threats, intimidation, abuse of right of entry permits, secondary boycotts, breaches of fiduciary duty and contempt of court.
That leave of absence be granted to Senator Lines for the period from 14 November to 16 November, for personal reasons, and to Senator Brown for 15 November, on account of parliamentary business.
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 4 December 2017:
Whether the conduct of the Minister for Communications (Senator Fifield) conformed to the principles of the Ministerial Code of Conduct in relation to his knowledge of former Senator Parry's dual-citizenship status.
The Senate divided. [15:40]
(The President—Senator Ryan)
That the Senate—
(a) acknowledges the failure of the Abbott-Turnbull Government to manage offshore processing arrangements and secure other third country resettlement arrangements for eligible refugees;
(b) notes the United States of America refugee resettlement agreement will resettle up to 1 250 eligible refugees from Manus Island and Nauru but that some eligible refugees will miss out on the opportunity to resettle in America;
(c) acknowledges former Prime Minister Julia Gillard announced an agreement with Prime Minister John Key on 9 February 2013 at the annual Australia-New Zealand Leaders' meeting that:
(i) New Zealand would resettle 150 refugees annually from Australia, including refugees from Manus Island and Nauru, and
(ii) the first refugees would be resettled in 2014;
(d) notes that, if former Prime Minister Tony Abbott had not withdrawn from the agreement, as many as 600 refugees would have been resettled in New Zealand by now;
(e) acknowledges the inquiry and report of the Legal and Constitutional Affairs References Committee, Serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus, and in particular, recommendation 7: "The committee recommends that the Australian Government give serious consideration to all resettlement offers it receives, including the Government of New Zealand's offer to resettle refugees from Papua New Guinea and the Republic of Nauru. Further, if particular resettlement offers are considered unsuitable, the Government should clearly outline the reasons";
(f) notes New Zealand Prime Minister Jacinda Ardern has renewed the offer to Australia to resettle 150 refugees from Manus Island and Nauru;
(g) notes Prime Minister Malcolm Turnbull has failed to explain why he will not accept New Zealand's offer to resettle eligible refugees from Manus and Nauru; and
(h) calls on the Turnbull Government to immediately accept New Zealand's offer to resettle refugees from Manus Island and Nauru and begin negotiating appropriate conditions, similar to the United States refugee resettlement agreement, to ensure people smugglers do not exploit vulnerable people.
The Senate divided. [15:45]
(The President—Senator Ryan)
That there be laid on the table by the Minister for Employment, by no later than 3.30 pm on 27 November 2017, the following documents:
(a) all emails and messages, including text messages and messages sent on any instant messaging service or application, between any employee of the Minister's office and any employee of the Prime Minister's office between 9 am on 23 October 2017 and 30 October 2017 which refer or relate to:
(i) the Registered Organisations Commission (ROC) investigation into the Australian Workers' Union (AWU), or
(ii) the execution of a search warrant on AWU premises in relation to the ROC investigation, or
(iii) media presence at the execution of a search warrant on AWU premises in relation to the ROC investigation, or
(iv) the allegation that the Minister's office tipped-off the media that the search warrant was to be executed, or
(v) the decision, on or about 27 October 2017, that the person employed as Fair Work Ombudsman Director of Media would not take up a position in the Minister's office;
(b) all correspondence received by the Minister or her office from the Registered Organisations Commissioner or his office relating to any:
(i) inquiry, or
(ii) investigation, or
(iii) 'Matter under assessment', or
(iv) the opening of a file,
including, but not limited to, any matter related to any registered organisation or in relation to any police investigation into the possible leak of the raid of the AWU offices;
(c) all correspondence received by the Minister or her office from the Fair Work Commission General Manager or their office relating to any:
(i) inquiry, or
(ii) investigation, or
(iii) 'Matter under assessment'; or
(iv) the opening of a file,
including, but not limited to, any matter related to any registered organisation; and
(d) phone records, including phone numbers, time and date of call, and duration of call, for each of the following people between 20 October 2017 and 30 October 2017:
(i) the Minister for Employment,
(ii) the Minister's Chief of Staff,
(iii) the Minister's Senior Media Adviser,
(iv) the Minister's Junior Media Adviser(s), and
(v) the Minister's Adviser with responsibility for matters relating to the Registered Organisations Commission.
That there be laid on the table by the Minister for Employment, by no later than 3.30 pm on 16 November 2017, the following documents:
(a) all emails and messages, including text messages and messages sent on any instant messaging service or application, between the Minister and any staff member employed in her ministerial or electorate office between 9 am on 23 October 2017 and 11 pm on 27 October 2017, which refer or relate to:
(i) the Registered Organisations Commission (ROC) investigation into the Australian Workers' Union (AWU),
(ii) the execution of a search warrant on AWU premises in relation to the ROC investigation,
(iii) media presence at the execution of the search warrant,
(iv) the allegation and subsequent admission that the Minister's office tipped-off the media that the search warrant was to be executed, and
(v) the decision that the person employed as Fair Work Ombudsman Director of Media would not take up a position in the Minister's office;
(b) all emails and messages, including text messages and messages sent on any instant messaging service or application, between any employee of the Minister's office and the person employed as Fair Work Ombudsman Director of Media between 9 am on 23 October 2017 and 30 October 2017 which refer or relate to:
(i) the ROC investigation into the AWU,
(ii) the execution of a search warrant on AWU premises in relation to the ROC investigation,
(iii) media presence at the execution a search warrant on AWU premises in relation to the ROC investigation,
(iv) the allegation that the Minister's office tipped-off the media that the search warrant was to be executed, and
(v) the decision, on or about 27 October 2017, that the person employed as Fair Work Ombudsman Director of Media would not take up a position in the Minister's office;
(c) all emails and messages, including text messages and messages sent on any instant messaging service or application, between the Minister's Senior Media Advisor and any person other than the Minister or an employee of the Minister, on 24 October 2017, 25 October 2017 and 26 October 2017 which refer or relate to the execution of a warrant obtained by the ROC to search offices of the AWU;
(d) all emails, file notes, memos and forms held by the Minister's office or the Fair Work Ombudsman which relate to:
(i) the resignation or termination of employment on 26 October 2017 of the person employed on that date as the Minister's Senior Media Advisor,
(ii) all advertisements, wherever circulated, of job vacancies in the senator's ministerial office between 1 August 2017 and 27 October 2017,
(iii) any offer of employment in the Minister's office which had been made, prior to 26 October 2017, to the person then employed as the Fair Work Ombudsman Director of Media, and
(iv) the decision, on or about 27 October 2017, that the person employed as Fair Work Ombudsman Director of Media would not take up a position in the Minister's office; and
(e) any question time briefs, or draft question time briefs created between 20 October 2017 and 26 October 2017 relating to the ROC, the AWU, or the execution of a warrant on the Victorian and National Office of the Australian Workers' Union.
That—
(a) the Environment and Communications Legislation Committee meet to consider 2017-18 supplementary Budget estimates on 23 November 2017, from 3 pm to 6 pm, to further examine the NBN Co Limited; and
(b) the following NBN Co Limited officials appear before the committee at that time to answer questions: the Chief Executive Officer, the Chairman, the Chief Financial Officer and the Chief Network Engineering Officer.
The Senate divided. [15:51]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) in 2013, the New Zealand Government first made an offer to Australia to resettle 150 refugees sent by Australia to Manus Island and Nauru,
(ii) New Zealand Prime Minister, the Right Honourable Jacinda Ardern, has confirmed New Zealand's commitment to resettle 150 refugees sent by Australia to Manus Island and Nauru, stating that the offer remains "firmly on the table", and
(iii) Prime Minister Ardern will again raise her country's offer to accept 150 refugees sent by Australia to Manus Island and Nauru when she meets Prime Minister Turnbull at the East Asia Summit in the Philippines this week; and
(b) calls on Prime Minister Turnbull to accept New Zealand's offer to resettle 150 refugees sent by Australia to Manus Island and Nauru.
The Senate divided. [15:56]
(The President—Senator Ryan)
That the Senate—
(a) notes Senator Brandis' comments to the Foreign Affairs, Defence and Trade Legislation Committee on 26 October 2017, in relation to the Adani Group's Carmichael mine, that "the Australian Government has written to the Government of China to confirm that the project has received all necessary Queensland State Government and Australian Government environmental and mining approvals"; and
(b) orders that there be laid on the table by the Minister representing the Minister for Trade, Tourism and Investment, by no later than 12.45 pm on 15 November 2017, any correspondence from the Australian Government to foreign governments or their agencies in relation to the Adani coal mine or its infrastructure, including the letter from the then-Deputy Prime Minister (Mr Joyce), and the Minister for Trade, Tourism and Investment (Mr Ciobo) to the Chinese National Development and Reform Commission.
That the Senate—
(a) notes that the Australian Greens website claims that the President of the United States of America "was elected on a platform of racism, division and fear" and that "his time in office so far could easily be confused for that of a fascist dictator";
(b) discourages honourable senators from making emotive statements of this nature about Australia's allies as they do not assist bilateral relations; and
(c) expresses its respect for the free, fair and democratic presidential election decision of the American people made on 8 November 2016.
That the Senate supports repealing the Student Services Amenities Fee.
The Senate divided. [16:08]
(The President—Senator Ryan)
That the Senate—
(a) notes that 31 October 2017 marked the 500th anniversary of the Reformation triggered by Martin Luther;
(b) also notes that, in Australia and around the world, this anniversary was commemorated, including for the first time in history by Catholics and Protestants together in joint ecumenical events;
(c) further notes the significant social, political and religious changes that occurred throughout Europe as a result of, and in response to, the Reformation;
(d) recognises the benefits to Australian students from learning more about the Reformation in the school curriculum;
(e) further recognises the significant contribution of the Reformation to the advance of literacy and freedom of thought, conscience, belief and religion; and
(f) calls upon honourable senators, the House of Representatives and the Federal Government to uphold those freedoms in their legislative deliberations.
(1) That the Senate notes:
(a) the auspicious date of 15 October 1529 on which the Ottoman Empire's Siege of Vienna was broken;
(b) that, despite the lifting of the Siege of Vienna, violence and oppression against liberal-democracy and other faiths by Islamists has continued into our own time; and
(c) the creation of the croissant by the coffee houses of Vienna to celebrate the defeat of the Army of the Crescent.
(2) That the Senate calls on members and senators to enjoy a croissant with their coffee this week in solidarity with the defenders of liberalism and freedom.
The Senate divided. [16:14]
(The President—Senator Ryan)
That the Senate—
(a) affirms the independence of the Australian Electoral Commission;
(b) rejects allegations that the Australian Electoral Commission is partisan or unprofessional; and
(c) expresses full confidence in the Australian Electoral Commissioner.
That the Senate—
(a) notes that:
(i) 14 November 2017 is World Diabetes Day,
(ii) the theme of World Diabetes Day 2017 is women and diabetes,
(iii) diabetes is the epidemic of the 21st century where, according to the International Diabetes Federation, 199 million women are currently living with diabetes worldwide,
(iv) in Australia, diabetes is the fastest growing chronic condition:
(A) around 1.7 million Australians have diabetes and 280 Australians develop diabetes every day, which is one person every five minutes,
(B) diabetes is the leading cause of preventable blindness in Australia,
(C) there are more than 4,400 amputations every year in Australia as a result of diabetes, and
(D) the total annual cost impact of diabetes in Australia is estimated at $14.6 billion,
(v) type 1 diabetes mellitus, which accounts for 10 per cent of all diabetes diagnosis in Australia is an autoimmune condition (not lifestyle-related) affecting nearly 160 000 Australians and is one of the most common chronic diseases affecting children in Australia,
(vi) people diagnosed with type 1 diabetes require insulin for life to manage their diabetes and live with the reality of hypoglycaemic fits, diabetic ketoacidosis and even death, along with the long-term health impacts, and
(vii) because of this, type 1 diabetes is responsible for significant financial and emotional burdens on the afflicted, their families and the community;
(b) welcomes the Government's investment in diabetes treatment and research, including the provision of free continuous glucose monitoring devices to eligible children and people under the age of 21 years with type 1 diabetes; and
(c) calls on the Government to extend this much-needed support to pregnant women and adults with severe hypoglycaemia and limited awareness of their condition who have never been able to afford the technology, and the improvements in their health and safety it would give them.
That the time for the presentation of the report of the Select Committee on the Future of Public Interest Journalism be extended to the first day of sitting in 2018.
Nuclear Fuel Cycle (Facilitation) Bill 2017
That the following bill be introduced: A Bill for an Act to remove prohibitions in Commonwealth laws on the construction and operation of certain nuclear installations, and for related purposes. Nuclear Fuel Cycle (Facilitation) 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.
The Bill I move today is to right a wrong committed by the Senate almost two decades ago to prevent the establishment of a nuclear fuel cycle in Australia.
Two decades ago Australia could have established a nuclear fuel cycle, particularly a nuclear energy sector that would, by now, have reached maturity. In particular, nuclear electricity generation could have provided the energy stability, affordability, security and sovereignty that Australia desperately needs.
Those who are concerned about the level of carbon dioxide emissions in the planet's atmosphere, and the various global efforts to reduce those emissions, also missed an opportunity two decades ago to curtail Australia's emissions by deploying nuclear energy. Nuclear energy results in less carbon dioxide emissions than the photovoltaic and wind generation sources preferred by those concerned about such emissions.
My home state of South Australia has an abundance of uranium which gives us a unique position in the world as a global uranium supplier. In the two decades since this Senate shut the door on a nuclear fuel cycle—followed by a succession of energy policy decisions by major parties—South Australian energy prices have risen to be among the highest in the world. Energy costs have been a significant determinant in the ongoing viability of manufacturing such as the automotive industry, which has now—regrettably—departed South Australia.
It is a painful exercise to consider whether the South Australian economic position would have been vastly different—and more positive—had this Senate made different decisions two decades ago.
This Bill does not, by any means, open up the nuclear fuel cycle to unregulated development by the private or public sector. Instead, it removes the automatic bans that the Senate inserted into the Environment Protection and Biodiversity Conservation Act 1999 and theAustralian Radiation Protection and Nuclear Safety Act 1998 to prevent any Ministerial or other approval of critical elements of the nuclear fuel cycle.
The Environment Minister will still have to consider applications to establish such facilities under the Environment Protection and Biodiversity Conservation Act 1999 , and the Foreign Minister retains the power to decide whether or not to issue a permit for a proposed facility under theNuclear Non-Proliferation (Safeguards) Act 1987.
The passage of this Bill will signal to the world that Australia is—at last—open for business, namely open to considering the evidence, the science, the environmental, employment and economic opportunities of the nuclear fuel cycle.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
'The refusal of the LNP and the ALP to solve the humanitarian crisis on Manus Island that they created.'
That the Senate—
(a) acknowledges the failure of the Abbott-Turnbull Government to manage offshore processing arrangements and secure other third country resettlement arrangements for eligible refugees;
(b) notes the United States of America refugee resettlement agreement will resettle up to 1 250 eligible refugees from Manus Island and Nauru but that some eligible refugees will miss out on the opportunity to resettle in America;
(c) acknowledges former Prime Minister Julia Gillard announced an agreement with Prime Minister John Key on 9 February 2013 at the annual Australia-New Zealand Leaders' meeting that:
(i) New Zealand would resettle 150 refugees annually from Australia, including refugees from Manus Island and Nauru, and
(ii) the first refugees would be resettled in 2014;
(d) notes that, if former Prime Minister Tony Abbott had not withdrawn from the agreement, as many as 600 refugees would have been resettled in New Zealand by now;
(e) acknowledges the inquiry and report of the Legal and Constitutional Affairs References Committee, Serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus, and in particular, recommendation 7: "The committee recommends that the Australian Government give serious consideration to all resettlement offers it receives, including the Government of New Zealand's offer to resettle refugees from Papua New Guinea and the Republic of Nauru. Further, if particular resettlement offers are considered unsuitable, the Government should clearly outline the reasons";
(f) notes New Zealand Prime Minister Jacinda Ardern has renewed the offer to Australia to resettle 150 refugees from Manus Island and Nauru;
(g) notes Prime Minister Malcolm Turnbull has failed to explain why he will not accept New Zealand's offer to resettle eligible refugees from Manus and Nauru; and—
(h) calls on the Turnbull Government to immediately accept New Zealand's offer to resettle refugees from Manus Island and Nauru and begin negotiating appropriate conditions, similar to the United States refugee resettlement agreement, to ensure people smugglers do not exploit vulnerable people.
That the Senate take note of the reports.
Tabling Statement Report 467—Cybersecurity Compliance: Inquiry based on Auditor-General's report 42 (2016-17)
Mr President, I present the report from the Joint Committee of Public Accounts and Audit, titled Cybersecurity Compliance: Inquiry based on Auditor-General ' s report 42 (2016-17).
Cybersecurity is a strategic priority for the Australian Government. In 2013, the Australian Government set 30 June 2014 as the target date for entities to achieve compliance with the Top Four mitigation strategies.
The Top Four strategies represent the minimum cybersecurity requirement for Government entities, and according to the Australian Signals Directorate will stop 85% of cyber intrusions if implemented. The Committee is deeply concerned with the 2015-16 result whereby only 65% of non-corporate Commonwealth entities reported compliance.
Furthermore, three years and two Auditor-General reports later, neither the ATO nor the Department of Immigration and Border Protection are compliant with the Top Four strategies and are not cyber resilient. This is most concerning to the Committee as previous assurances had been made that compliance would be achieved during 2016. During the inquiry, the Committee also heard that the Immigration department was unable to provide a date for when full compliance with all Top Four strategies would be achieved.
The Committee also draws attention to the issue of the ATO and the Department of Immigration and Border Protection inaccurately self-assessing their compliance.
The Committee has recommended that both agencies report back on their progress to achieving full compliance with the mandatory cybersecurity strategies, as well as progress implementing the two Auditor-General recommendations. The Committee is also of the opinion that the self-assessment and reporting regime under the Government's framework requires further scrutiny, and recommended that the Auditor-General consider conducting a comprehensive audit to assess the regime's effectiveness.
This year the Australian Signals Directorate updated its cybersecurity strategies from the Top Four to the Essential Eight in response to the increasing threat of ransomware—such as the recent WannaCry virus. The Signals Directorate considers the Essential Eight as a cybersecurity `baseline' for all organisations. In this light, the Committee recommended that the Government mandate the Essential Eight strategies for all Commonwealth entities.
The Committee also wishes to highlight that secure internet gateways add a valuable later of cybersecurity. Acknowledging that Internet Gateways are complementary to other cybersecurity resilience, they too provide a sound baseline of protection within an entity's broader cyber resilience strategy. As such, the Committee has also recommended that the Internet Gateway Reduction Program is made mandatory for all Commonwealth entities.
As a strategic priority, it is crucial that Commonwealth entities are accountable to the Australian Parliament for their management of cybersecurity. The Inquiry found a number of key gaps in this area. To enhance accountability and transparency, the Committee has recommended:
The Committee recognises that cyber resilience is not solely ascertained through compliance with the Top Four or the Essential Eight strategies or the implementation of a secure internet gateway. The Committee stresses that good governance and a strong culture of prioritising cybersecurity within the context of entity-wide strategic objectives are essential elements to an entity achieving the goal of cyber resilience.
In conclusion, I would like to extend my thanks to all members of the Committee for their deliberations during this Inquiry.
I commend the report to the Senate.
Australian Government response to the Joint Select Committee on Government Procurement report:
Buying into our Future: Review of amendments to the Commonwealth Procurement Rules
November 2017
The Government is committed to building a stronger, more prosperous and resilient economy where Australian businesses can be competitive on a domestic and international level. With this in mind, the Government is focussed on reducing the cost of doing business with the Commonwealth by reducing red tape, improving the operating environment, and enhancing government engagement with business, including small business, to build capability.
The Government supports a Commonwealth Procurement Framework that requires non-discrimination, allowing all suppliers, regardless of origin, to compete on their merits. This opens up comparable access to overseas markets for Australian businesses. This is further demonstrated by the Government' s ongoing support of the Australian Industry Participation (AIP) National Framework, which encourages a national approach to maximise Australian industry participation in projects both domestically and internationally. Any recommendation to preference local suppliers must be carefully considered against Australia' s international trade obligations.
There are a number of Government entities advocating in the interests of Australian businesses, including the Australian Industry Participation Authority, the Australian Small Business and Family Enterprise Ombudsman and the Centre for Defence Industry Capability. These entities are focused on supporting industry growth, facilitating innovation and supporting Australian businesses in building their own capacity to succeed in their own right. These entities will continue to work with businesses to enable them to be well equipped to participate within the Government procurement market.
The Government is committed to progressing programs aimed at reducing the burden on Australian businesses. For example, the Government is working with Industry Capability Network (ICN) Limited to transition the existing ICN Gateway, a supplier matching service for major public and private projects, to a new platform and enhance its service to businesses. As part of its National Innovation and Science Agenda, the Government is transforming the way it buys digital and technology services, focusing on making it easier for small and medium businesses to compete for Government ICT projects.
The Government is committed to innovation and leveraging emerging technology through such initiatives as Defence' s Innovation Hub and Next Generation Technologies Fund, and the Government' s investment in Industry Growth Centres and the Entrepreneurs' Programme. These initiatives focus on researching emerging and future technologies, and supporting Australian industry to commercialise such technology, which can deliver new and innovating capability for both Government and business. This grows capability and can lead to opportunities for export.
In response to the Committee' s report, the Government supports public sector training, and notes the importance of Commonwealth entities ensuring that staff are appropriately trained, commensurate with the scale, scope and risks of the procurements they are undertaking. The Government also supports maintenance of appropriate records when undertaking a procurement, including reasons for the selection of preferred tenderers.
The Government is committed to a 12 month review of the new rules of the Commonwealth Procurement Rules, and will consider the feedback provided to Finance and the Committee when undertaking the review. In light of the committee' s recommendation to expand the use of Clause 10 of the Commonwealth Contracting Suite, a ' clause bank' of standard terms and conditions will be established for use by procuring entities in all Commonwealth contracts where appropriate.
The Government supports Australian business through the ongoing negotiation of trade agreements in Australia' s national interest, opening up new international markets to Australian businesses.
The Commonwealth Procurement Framework requires appropriate consideration of ethical practices, whole-of-life costs and efficient processing. The Government does not support the introduction of additional regulatory burden on businesses or the Commonwealth through the introduction of onerous reporting requirements.
The Government consistently exceeds its commitment to source at least 10 per cent of procurements by value from small and medium enterprises (SMEs), and recognises that SMEs are winning a large segment of Commonwealth contracts on their own merits.
Recommendations supported by Government:
Recommendations noted by Government:
Recommendations not supported by Government:
Australian Government response to the Joint Standing Committee on the National Disa bility Insurance Scheme report: Accommodation for people with disabilities and the National Disability Insurance Scheme
Joint Standing Committee on the National Disability Insurance Scheme
Report on accommodation for people with disabilities and the National Disability Insurance Scheme
The Australian Government welcomes this report and recognises the ongoing work of the Joint Standing Committee on the National Disability Insurance Scheme (NDIS) in reviewing the implementation and administration of the NDIS.
Since the Committee released this report in May 2016, there has been much progress in the implementation of NDIS supports relating to housing and specialist disability accommodation (SDA).
On 1 July 2016, the NDIS commenced including SDA supports in participant plans, in alignment with the policy set out in the SDA Pricing and Payments Framework (agreed by Disability Ministers in December 2015).
Additionally, NDIS Rules to support National Disability Insurance Agency (NDIA) decision-making in relation to SDA were registered on 14 March 2017. These rules were the culmination of a significant work program undertaken by the Commonwealth, state and territory governments and the NDIA to ensure that the SDA supports were targeted appropriately to ensure that high needs participants receive the supports they require.
Allied to this process, was the continued exploration of housing needs for NDIS participants. NDIS participants can be supported to achieve housing goals through the provision of home modifications, domestic assistance, assistive technology and assistance to navigate the rental market.
Finally, the provision of affordable and accessible housing for the general population (including people with disability) remains the responsibility of state and territory governments. The Commonwealth provides assistance through Commonwealth Rent Assistance and through an ongoing work program to consider how to facilitate affordable and accessible housing in the community.
In relation to the response to the Joint Standing Committee's report, the Government has agreed five recommendations and notes one recommendation.
Government response to the Joint Standing Committee on the National Disability Insurance Scheme
Australian Government response to the Joint Standing Committee on Treaties: Report 169
Future Submarine Program—France,
Classified Information Exchange—France
November 2017
Australian Government response to the Joint Standing Committee's report
Future Submarine Program—France Classified Information Exchange—France
The Government thanks the Committee for its consideration of the Framework Agreement between the Government of Australia and the Government of the French Republic concerning Cooperation on the Future Submarine Program and theAgreement between the Government of Australia and the Government of the French Republic relating to the Exchange and Reciprocal Protection of Classified Information and provides the following responses to the Committee's recommendations.
The Government would also like to clarify the comments made during the hearing on 14 March 2017 in response to the Committee Chair's question as to whether it was the Department of Defence's view that DCNS was required to comply with the terms of the Framework Agreement between the Government of Australia and the Government of the French Republic concerning Cooperation on the Future Submarine Program (the Framework Agreement). While DCNS is majority owned by the French Government, it is also partially owned by Thales and other entities. The Framework Agreement is between the Government of Australia and the Government of the French Republic, for the management of matters within the ability of the French Government to control. There are a range of commercial arrangements in place which govern the relationship between the Government of Australia and DCNS.
Recommendation 1
2.152 The Committee recommends that the Department of Defence ensures that the full lessons from the design, acquisition and sustainment of the Collins Class Submarine are learned, in particular, to ensure that the intellectual property is appropriately managed to maintain Australia's sovereign operation of the Future Submarine. The Committee requests that the Department of Defence provides a report back to the Committee during the 2018 Winter Sittings of the Parliament on the progress of obtaining the necessary intellectual property and its ongoing management, and in relation to the contractual and other arrangements that will secure maximal opportunities for Australian industry involvement.
Government response
The Government agrees with this recommendation.
The Government acknowledges that a lack of adequate intellectual property rights impaired the Commonwealth's ability to operate and sustain the Collins Class submarines as they entered service in accordance with Australia's requirements, resulting in delays, increased costs and restricted improvement and support of the Collins submarine capability.
The Future Submarine Program's approach to intellectual property has been predominantly driven by the lessons learnt from the Collins Submarine Program. From the outset of the Competitive Evaluation Process, a prime objective of the Future Submarine Program has been to establish a sovereign capability to operate and sustain the Future Submarine.
In the Framework Agreement with France and under the Design and Mobilisation Contract between the Commonwealth and DCNS, appropriate intellectual property rights to achieve this objective have been established.
The Department of Defence will provide a report to the Joint Standing Committee on Treaties during the 2018 Winter Sittings of the Parliament on the progress of obtaining the necessary intellectual property and its ongoing management.
Any report to Parliament will need to take into account commercial sensitivities with the transfer of technology to Australia with due regard given to the relevant commercial and public interest immunity considerations.
Recommendation 2
2.153 In reference to Article 13(2)(b), the Committee recommends the Government seeks to ensure that the further detailed agreements and arrangements have the effect of allowing Australian companies to bid for work in all phases of the Future Submarine Program on a preferred basis, all other things being equal.
Government response
The Government agrees in-principle with this recommendation
One of the Government's objectives is to ensure that Australian industry involvement is maximised to achieve the sovereign capacity to build, operate and sustain a regionally superior fleet of Future Submarines in Australia consistent with relevant capability, cost, and schedule considerations.
The Commonwealth retains the final decision on the selection of companies involved in the Future Submarine Program, having taken account of sovereignty objectives and capability, cost and schedule.
Recommendation 3
2.154 The Committee supports the Framework Agreement between the Government of Australia and the Government of the French Republic concerning Cooperation on the Future Submarine Program and recommends that binding treaty action be taken.
Government response
The Government agrees with this recommendation.
The Government accepts this recommendation and brought the Agreement into force on 5 May 2017 through an exchange of diplomatic notes with France providing notification that the domestic processes required for the treaty to enter into force had been completed.
Recommendation 4
3.55 The Committee recommends that the government bring forward, as a matter of urgency, its work program to connect State and Federal law enforcement and judicial information systems with the personnel security clearance systems in order to maximise the information available to the vetting agency to monitor changes in circumstances.
Government response
The Government notes this recommendation.
Developing better access to existing data holdings and developing effective information sharing mechanisms are key components of the Government's work to manage emerging threats to Australian Government information, assets and people.
Work is underway to improve the use and access to relevant information to improve vetting decision making. This work involves strengthening existing connectivity and developing additional avenues to receive information on a vetting subject's suitability to hold or maintain a security clearance. This will be developed in consultation with a broad range of Commonwealth, State and Territory agencies.
Recommendation 5
3.56 The Committee supports the Agreement between the Government of Australia and the Government of the French Republic relating to the Exchange and Reciprocal Protection of Classified Information and recommends that binding treaty action be taken.
Government response
The Government agrees with this recommendation.
The Government accepts this recommendation and brought the Agreement into force on 4 May 2017 through an exchange of diplomatic notes with France providing notification that the domestic processes required for the treaty to enter into force had been completed.
Government response to Additional Comments by Labor Members
The Government notes the additional comments by Labor Members and refers to its response to Recommendation 2 above.
That the Senate take note of the document.
… the lack of adequate accommodation can limit people’s ability to fully exercise their individual choice and control. It can also limit people’s ability to fully participate in society and live an ordinary life like any other Australian.
… that Commonwealth and state and territory governments work with national disability peak organisations and the Australian Building Codes Board to examine updating the Building Code of Australia in regard to accessibility.
… agreed to propose to COAG that a national Regulatory Impact Assessment (RIA) be undertaken as soon as possible to consider applying a minimum accessibility standard for private dwellings …
… that accommodation for people with disability be integral in the development of affordable and social housing policy proposals.
… the Commonwealth government explore all possible proposals for disability accommodation, and the ways it can assist in bringing them to fruition.
… Commonwealth and state and territory governments work with national disability peak organisations and the Australian Building Codes Board to examine updating the Building Code of Australia …
… accommodation for people with disability be integral in the development of affordable and social housing policy proposals.
The committee recommends the Commonwealth government explore all possible proposals for disability accommodation, and the ways it can assist in bringing them to fruition.
The Australian Government is committed to improving the housing experiences of Australians living with disability. The provision and regulation of affordable housing is primarily the responsibility of—
the individual state and territory governments.
NDIS participants will receive individualised planning to identify the supports needed to enable their goals to be met. This can include home modifications, personal care and domestic assistance in the home that helps a participant with activities of daily living …
As part of the analysis of proposals, the committee recommends the Commonwealth should assess how financially accessible they are for people with disability and their families.
The provision of affordable housing is primarily the responsibility of the individual state and territory governments.
The committee recommends the Commonwealth government explore capital sharing, securitisation, and joint ownership options to expand the provision of appropriate accommodation for people with disability.
That the Senate take note of the document.
That the Senate take note of the document.
The committee recommends the Commonwealth Government work with states and territories to develop a program of supports to encourage the establishment of new co-operatives and mutual enterprises.
The committee recommends that the Commonwealth Government amend the Indigenous Advancement Strategy to allow registered co-operatives the same access to allow levels of grant funding as other entities.
That the Senate take note of the document.
That senators be discharged from and appointed to committees as follows:
Community Affairs Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Economics Legislation and References Committees —
Appointed—Senator Whish-Wilson
Participating member: Senators Bartlett and Steele-John
Education and Employment Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Environment and Communications Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Finance and Public Administration Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Foreign Affairs, Defence and Trade Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Rural and Regional Affairs and Transport Legislation and References Committees —
Appointed—Participating members: Senators Bartlett and Steele-John
Treasury Laws Amendment (Housing Tax Integrity) Bill 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Vacancy Fees) Bill 2017
The government's Affordable Housing Working Group has estimated that an additional 6,000 social housing dwellings will be required each year just to keep pace with future population growth, without addressing the backlog of need.
A more comprehensive estimate prepared by Dr Judith Yates for the Council for Economic Development of Australia is that Australia needs 20,000 extra affordable housing dwellings each year for at least a decade to address the backlog of need among those on low to moderate incomes.
Using the most recent estimates for the number of households in rental stress, of which there are 527,500, even if half of all the 220,000 new dwellings built each year were made affordable and available to low-moderate income households, it would take over 5 years of new supply to address rental stress amongst Australia’s poorest households.
In April this year, Labor announced a package of measures that included $88 million over two years to improve transitional housing options for women and children escaping family and domestic violence, young people exiting out-of-home care and older women under financial stress who are at risk of homelessness.
My first impressions of Anna were cultivated at the parties she hosted,
Which quickly gained notoriety for all the right reasons.
These parties often had a theme that required some form of dressing up.
This was a deliberate tactic on Anna's part—it compelled attendees to make an effort and shed both their usual attire and their straight-laced demeanour.
Anna's parties were well-catered, raucous affairs.
For me, Anna's enthusiastic hosting of revelry was initially perplexing.
Anna didn't drink or smoke.
But it was Anna who instigated dancing,
Anna's loud, infectious laugh created an overwhelmingly light hearted and inclusive ambience of fun.
I once asked her why she loved hosting parties if she didn't partake in alcohol.
"Isn't being the only sober person at a party boring" I enquired.
Anna's response was telling "I just love watching people have fun".
Anna was a beacon of courage and resilience for all of us who seek to make the world a better and more equal place.
Dad was a great feminist role model … Dad pioneered 14 years unpaid maternity leave, training and development and mentoring. He strongly believed that women had a role beyond the family in business, politics and the community.
Anna lived a full life.
She had a self-belief and always gave it her best shot.
She didn't dwell on disappointments but learnt from her mistakes before fiercely moving onto the next project or goal.
She showed that it is possible to be a woman with a high-powered career and still make time for family and friends,
To make the most of opportunities without compromising her values,
To be successful while promoting and supporting other women and men to be their best,
To be taken seriously but still look for and find humour in the most unlikely places,
To be decisive, strong, assertive
And also warm, kind, caring and feminine.
Anna did not use illness as an excuse to relinquish the weight of responsibility. Her acceptance of her situation helped us to come to some level of acceptance of both her mortality and our own.
Makarrata is the culmination of our agenda: the coming together after a struggle . It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination.
The government does not believe such an addition to our national representative institutions is either desirable or capable of winning acceptance in a referendum.
This project underpins 50 per cent of all cost reductions for MOPs—
in the new strategic plan for the company.
The payback is significant. If we don't act, we will fall behind targets and competitors.
… capital and operating costs are already included in the strategic plan.
Leveraging centralised feed systems and technology means that it will be possible for one feed operator to concurrently feed nine pens, whereas the current max is three.
It was a struggle through life. At birth, it was a struggle to survive—the struggle to live and survive a terrible early life of poverty and loneliness; the struggles in the trade union movement, helping workers and their families to enjoy a decent life; the struggle to help democratise the Labor party in Queensland; the incredible struggles through sport and many, many injuries; and the struggle to reach my ambition of being a champion sportsman and representing my country, Australia, at the Olympics. In my sporting, political and union life, there were many physical and mental injuries. I have survived them all and I believe my life can be a lesson for others if they're prepared to take up the struggle.
This book is the story of one man's lifelong struggle against the odds, from the cradle onwards—the struggle to exist, to succeed as a human being, has never let up for Hughie Williams. Hughie has never stopped fighting. He is still fighting and he will be locked in combat when the muffled peal of the bell sounds, signifying the end, the last round in life's battle.
I have told the Council that unless those measures are lifted and five particular steps that I am going to run through are taken, there will be famine in Yemen.
It will not be like the famine that we saw in South Sudan earlier in the year where tens of thousands of people were affected. It will not be like the famine which cost 250,000 people their lives in Somalia in 2011. It will be the largest famine the world has seen for many decades, with millions of victims.
There are over 20 million people in need of humanitarian assistance; seven million of them are facing famine-like conditions and rely completely on food aid to survive. In six weeks, the food supplies to feed them will be exhausted. Over 2.2 million children are malnourished, of those, 385,000 children suffer from severe malnutrition and require therapeutic treatment to stay alive.
The current stock of vaccines in country will only last one month. If it is not replenished, outbreaks of communicable diseases such as polio and measles are to be expected with fatal consequences…
… to promote Australia's world-class defence materiel and strengthen bilateral defence industry relationships.
…meet with senior government representatives to discuss the bilateral defence industry relationship.
There was never anything like it: an empire promising a land that it had not yet conquered to a people not living there, without asking the inhabitants.