Senate debates

Thursday, 11 March 2010

Committees

Cyber-Safety Committee; Establishment

Consideration resumed from 9 March:

The House of Representatives message read as follows—

(1)
(a)
That a Joint Select Committee on Cyber-Safety be appointed to inquire into and report on:
(i)
the online environment in which Australian children currently engage, including key physical points of access (schools, libraries, internet cafes, homes, mobiles) and stakeholders controlling or able to influence that engagement (governments, parents, teachers, traders, internet service providers, content service providers);
(ii)
the nature, prevalence, implications of and level of risk associated with cyber-safety threats, such as:
  • abuse of children online (cyber-bullying, cyber-stalking and sexual grooming);
  • exposure to illegal and inappropriate content;
  • inappropriate social and health behaviours in an online environment (e.g. technology addiction, online promotion of anorexia, drug usage, underage drinking and smoking);
  • identity theft; and
  • breaches of privacy.
(iii)
Australian and international responses to current cyber-safety threats (education, filtering, regulation, enforcement) their effectiveness and costs to stakeholders, including business;
(iv)
opportunities for cooperation across Australian stakeholders and with international stakeholders in dealing with cyber-safety issues;
(v)
examining the need to ensure that the opportunities presented by, and economic benefits of, new technologies are maximised;
(vi)
ways to support schools to change their culture to reduce the incidence and harmful effects of cyber-bullying including by:
  • increasing awareness of cyber-safety good practice;
  • encouraging schools to work with the broader school community, especially parents, to develop consistent, whole school approaches; and
  • analysing best practice approaches to training and professional development programs and resources that are available to enable school staff to effectively respond to cyber-bullying; and
(vii)
analysing information on achieving and continuing world’s best practice safeguards; and
(b)
such other matters relating to cyber-safety referred by the Minister for Broadband, Communications and the Digital Economy or either House.
(2)
That the committee consist of 12 members, 4 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips and one Member from the independent Members, 3 Senators to be nominated by the Leader of the Government in the Senate, and 2 Senators to be nominated by the Leader of the Opposition in the Senate or by any minority group or groups or independent Senator or independent Senators.
(3)
That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(4)
That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
(5)
That the committee elect a Government member as its chair.
(6)
That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
(7)
That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(8)
That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(9)
That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
(10)
That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
(11)
That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(12)
That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
(13)
That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
(14)
That the committee or any subcommittee may conduct proceedings at any place it sees fit.
(15)
That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(16)
That the committee may report from time to time but that it present its final report no later than 11 February 2011.
(17)
That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
(18)
That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.

11:51 am

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Assistant Treasurer) Share this | | Hansard source

I move:

That the Senate concurs with the resolution of the House of Representatives contained in message no.523 relating to the appointment of the Joint Select Committee on Cyber-Safety.

Photo of Stephen ParryStephen Parry (Tasmania, Liberal Party) Share this | | Hansard source

I move an amendment to the resolution contained in message No. 523:

At the end of the motion, add “, subject to the following modification: Omit paragraph (2) and substitute:

(2)
That the committee can consist of 12 Members. 4 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips, and one Member from the Independent Members, 2 Senators to be nominated by the Leader of the Government in the Senate and 2 Senators to be nominated by the Leader of the Opposition in the Senate and one Senator to be nominated by any minority group or groups or Independent Senator or Independent Senators.”

The amendment has been circulated in the chamber, and the whips were advised of it yesterday. In essence, the amendment goes to the composition of the senators on the committee. Under this resolution, the committee currently comprises 12 members. There are four government members from the House of Representatives, two opposition members from the House of Representatives and one independent member from the House of Representatives, totalling seven. The Senate has an allocation of three government senators, one opposition senator and/or one crossbench senator. I will read out the particular clause, clause 2. The tail end of that clause indicates:

… 2 senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and one Senator to be nominated by any minority group or groups or Independent Senator or Independent Senators.

So, in effect, that is restricting the coalition to one senator and giving the crossbenches one senator.

The composition of the Senate does not reflect that that is how it should be represented. In essence, with this motion, the government get seven representatives, the opposition get three and the crossbenches of both houses get two. I will leave the House of Representatives issue to the House of Representatives. In relation to the Senate, if we have a look at a scale for senators in this place, the government would be allocated 2.11 senators, which would be rounded down to two; the coalition would be entitled to 2.43 senators, which would be rounded down to two—which is quite generous, but that is the way we have to do these figures when we have the numbers we have—the Greens would have 6.58 per cent, or 0.33 of a senator; and the crossbenches, Senator Fielding and Senator Xenophon, would have 0.13 of a senator, or 2.63 per cent.

In essence, we have always had the provision of two government, two opposition and one crossbench senator. The opposition has usually been disadvantaged, but we have been happy with that scenario. To have three government senators and two from the entire opposition and crossbenches, which actually represent the majority of this place, is incorrect. The amendment clearly addresses that issue of having two government, two opposition and one crossbench senator. I commend the amendment to the Senate.

11:54 am

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

I briefly indicate that the Greens will support the motion to establish the committee, or the message as it has come to us from the House. I strongly support the establishment of that committee; I think it is going to be able to do some very important work. I foreshadow that we will also support the coalition amendments, for the reasons that Senator Parry has just expressed to two decimal places—we did not go to the trouble of doing the numbers to quite that degree. In essence, it more accurately reflects the balance of the numbers in the Senate. I look forward to making a contribution to the work of the committee.

Question agreed to.

Original question, as amended, agreed to.