Senate debates

Wednesday, 9 August 2017

Bills

Fair Work Amendment (Corrupting Benefits) Bill 2017; In Committee

11:35 am

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

I think I had achieved that yesterday, Chair.

The TEMPORARY CHAIR: No. The record—

Okay, I seek leave to move items (1), (6) and (10) together.

Leave granted.

I move:

(1) Schedule 1, item 2, page 3 (after line 12), after the definition of registered organisations officer or employee, insert:

relevant affairs, in relation to a registered organisations officer or employee, means the affairs of:

(a) if the registered organisations officer or employee is an officer or employee of an organisation—the organisation and any branch of the organisation, including the affairs of the members of the organisation or any of those branches; or

(b) if the registered organisations officer or employee is an officer or employee of a branch of an organisation—the branch, including the affairs of the members of the branch.

(6) Schedule 1, item 3, page 5 (line 14), after "any kind", insert "in connection with the relevant affairs".

(10) Schedule 1, item 3, page 6 (line 6), after "any kind", insert "in connection with the relevant affairs".

The effect of these amendments is to provide that 'the advantage of any kind not legitimately due, intended to be obtained by the provision or request of a corrupting benefit, must be related to the affairs of the registered organisation.'

This bill is supposed to be about registered organisations, but, as currently drafted, there is no requirement that the advantage, defined as 'not legitimately due', intended to be obtained by the provision or request of a corrupting benefit, is connected to the affairs of the registered organisation. This is despite the model legislation, recommended by Commissioner Heydon, containing this link. Minister, can you advise why the model legislation recommended by Commissioner Heydon was not used to draft the bill?

Comments

No comments