Senate debates

Tuesday, 23 November 2010

Notices

Presentation

Senator Bob Brown to move on the next day of sitting:

That the Senate supports the agreement reached by logging industry representatives and non-government organisations on the future for Tasmania’s forests.

Senators Siewert and Milne to move on the next day of sitting:

That the Senate—
(a)
notes the passing of renowned scientist Professor Frank Fenner  on 22 November 2010 at the age of 95;
(b)
acknowledges the huge contribution Professor Fenner made to the nation, including his work on the eradication of smallpox and on controlling Australia’s rabbit plague, and his leadership in the areas of research and education;
(c)
recognises that Professor Fenner was in his time one of the world’s leading virologists, who made a significant contribution to our understanding of antibodies that had lasting implications for global health; and
(d)
expresses its condolences to Professor Fenner’s family and friends.

Senator Cash to move on the next day of sitting:

That the Senate—
(a)
recognises that Thursday, 25 November 2010 is the International Day for the Elimination of Violence Against Women and that the symbol for this day is the white ribbon;
(b)
acknowledges that it is a basic right for women and girls to feel safe in all aspects of their life;
(c)
expresses concern that many women in Australia continue to experience violence as an everyday reality and that nearly one in three women in Australia has suffered from physical violence during their life;
(d)
commends the work of the White Ribbon Foundation (Australia) in increasing community understanding about violence against women;
(e)
supports Australian men who have sworn an oath never to commit, excuse or remain silent about violence against women and encourages all men to swear this oath;
(f)
notes recent comments from Amnesty International that ‘the true sign of political will to address [violence against women] will be the delivery of the government’s promised National Plan of Action to Reduce Violence Against Women and their Children’; and
(g)
calls on the Government to expedite delivery of its ‘National Plan to Reduce Violence Against Women and their Children’ in 2010 as promised by the former Prime Minister (Mr Rudd) in late 2009.

Senator Birmingham to move on the next day of sitting:

That there be laid on the table, no later than noon on Thursday, 25 November 2010:
(a)
the full rate of defects discovered under both the Home Insulation Safety Program and the Foil Insulation Safety Program, including:
(i)
the number and percentage of roofs found to be unsafe,
(ii)
the number and percentage of roofs found to be faulty or substandard,
(iii)
the number and percentage of roofs found to be flawed, unsafe or substandard in any way,
(iv)
the number and percentage of roofs rectified,
(v)
the cost of repairing the faulty, substandard or unsafe insulation, and
(vi)
the total amount of money paid by the Australian Government to insulation companies for faulty, substandard, flawed or unsafe insulation; and
(b)
information on the asbestos problem discovered under the Home Insulation Program, in particular:
(i)
the number of roofs containing asbestos that received insulation,
(ii)
any specific warnings of asbestos risk given to installers prior to fitting the insulation, and
(iii)
steps being taken to manage the asbestos risk for safety inspectors assessing roofs.

Senator Boyce to move on the next day of sitting:

That the Parliamentary Joint Committee on Corporations and Financial Services be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Thursday, 25 November 2010, from 11.30 am.

Senator Mason to move on the next day of sitting:

That further consideration of the Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 be an order of the day for the first day of sitting after the Select Committee on the Scrutiny of New Taxes reports on the student services and amenities fee proposed by that bill.

Senators Barnett and Bernardi to move on the next day of sitting:

That the Senate notes, with concern:
(a)
that Iranian woman, Sakineh Mohammadi-Ashtiani, currently stands convicted of adultery and sentenced to death by stoning, and that she has also been accused of complicity in the murder of her husband, but the status of this accusation is not clear;
(b)
the case of Sakineh Mohammadi-Ashtiani has received worldwide attention and has been a focus for human rights groups such as the International Committee Against Stoning and Iran Solidarity; and
(c)
the case of Sakineh Mohammadi-Ashtiani has lacked transparency and due process, a view expressed in comments by the United States of America’s Secretary of State, Hilary Clinton recently, and that such inconsistencies in relation to a legal matter with such a severe sentence are of grave concern.

Senators Barnett and Fifield to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
the outstanding contribution volunteers make to Australian society, estimated to be worth more than $42 billion per annum,
(ii)
the support and leadership that volunteer support organisations such as Volunteering Australia, their state and territory counterparts and Australian Volunteers International provide to the volunteer sector,
(iii)
that more than 5.4 million adults (34 per cent of the population) do voluntary work each year, contributing more than 700 million hours annually,
(iv)
that volunteering has benefits in promoting a sense of community belonging, personal fulfilment and professional skills development for those who volunteer, as well as providing services to the community that may otherwise not be provided by government,
(v)
the sacrificial efforts of volunteers and volunteer organisations throughout Australia is under recognised and undervalued and without them society as we know it would collapse,
(vi)
that International Volunteer Day will be celebrated around the world on 5 December 2010, and
(vii)
that the International Year of Volunteers will celebrate its 10th anniversary in 2011 and will provide a global opportunity to reinvigorate the spirit of volunteerism through events and programs to be held around the globe; and
(b)
calls on the Government to continue to recognise and support volunteers and volunteer supporting organisations in our community.

Senator Barnett to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
an estimated 27 million people around the world are currently victims of human trafficking and slavery, despite the efforts of William Wilberforce and a team of abolitionists who campaigned successfully more than 200 years ago to end state-sanctioned slavery in the British Empire and despite the fact that 80 years ago slavery was made internationally illegal by the League of Nations,
(ii)
human trafficking and slavery reduces people to commodities – buying, selling and exploiting them to meet demand for cheap goods and services, some of which reach Australia through unchecked supply chains,
(iii)
Sunday, 21 November was dedicated as Abolitionist Sunday by churches around Australia as part of World Vision’s ‘Don’t Trade Lives’ campaign, an education and advocacy program aimed at raising awareness and informed action against human trafficking and slavery, and which seeks to inspire a new generation of abolitionists, and
(iv)
the important role played by innovative programs in the areas of prevention, protection and criminal justice response to human trafficking and slavery; and
(b)
calls on the Australian Government to support initiatives such as Abolitionist Sunday and ‘Don’t Trade Lives’ and to continue efforts to combat human trafficking and other forms of slavery.

Senator Mason to move on the next day of sitting:

That there be laid on the table, no later than 10 December 2010, a copy of the post-election brief for a returned Labor Government (the so-called ‘Red Book’) for the Department of Education, Employment and Workplace Relations.

Senator Fierravanti-Wells to move on the next day of sitting:

That the Health Insurance (Eligible Collection Centres) Approval Principles 2010, made under subsection 23DNBA(4) of the Health Insurance Act 1973, be disallowed. [F2010L01765]

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

Senator Carr to move on the next day of sitting:

That the Senate—
(a)
notes the passing of scientist and scientific historian, advocate and philanthropist Professor Frank Fenner, AC, CMG, MBE, FAA, FRS on Monday, 22 November 2010;
(b)
acknowledges the immense contribution Professor Fenner made to Australian and world science, society and wellbeing, both as a virologist who oversaw the eradication of smallpox internationally and the control of rabbit populations in Australia with the myxoma virus, and as a passionate advocate for science in Australia, including as a scientific leader at the Australian National University and as an active and generous foundation Fellow of the Australian Academy of Science, to which he was elected in 1954; and
(c)
expresses its condolences to Professor Fenner’s daughter Marilyn and her family, and his many close friends and colleagues on the passing of this brilliant, generous and passionate Australian researcher.

Senator Johnston to move on the next day of sitting:

That the following matters be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 1 May 2011:
(a)
all details concerning the Department of Defence’s Request for Tender (AO/014/09) for the provision of air support to the Middle East Area of Operations, and other aviation contracts let by the Commonwealth, to ensure that value-for-money will be achieved, including:
(i)
the adequacy of the due diligence process around the choice of potential suppliers from Standing Offer Panels and, more specifically, whether there was existing or any subsequently discovered evidence to warrant non-selection of any of the panel members, or whether the information obtained should have resulted in further inquiry and investigation,
(ii)
the requirements of tenders and how effectively these will be met,
(iii)
whether the preferred respondent decision was influenced by any vested interests, outside influences or any other perceived or actual conflicts of interest,
(iv)
the role of departmental personnel in the tender processes and their adherence to the Commonwealth’s procurement policy, as well as any conflict of interest issues arising from the tender process and if any perceived or actual conflicts were declared,
(v)
the methodology and adequacy of the decision processes and whether the services to be supplied in the contract were determined on the basis of objective and supportable, current and likely future requirements or were structured so as to unfairly advantage a particular respondent,
(vi)
the integrity of governance around the development of Request for Tenders and the subsequent evaluation process, and whether the governance arrangements achieved their intended purposes, including the processes to manage perceived and actual conflicts of interests,
(vii)
whether the governance arrangements were adequate and in fact did ensure that there were no perceived or actual conflicts of interest, for any people involved in the lead-up to the decision to tender, and during the tender review, assessment and supplier selection processes, and
(viii)
whether the respondents, including directors and other key personnel (whether employees, agents or contractors nominated in the tender response) for the proposed contracts, are fit and proper for the purpose of contracting with the Commonwealth and the adequacy and methodology of this process; and
(b)
the adequateness and appropriateness of the processes in determining:
(i)
whether the respondents and associated companies supplying services to the respondents have the financial and commercial capacity to deliver the services submitted in their responses,
(ii)
whether respondents have the capacity to deliver the services submitted in their responses to a quality and standard that meets the requirements of the Commonwealth and its regulatory authorities and, if so, whether the department was fully satisfied with the services provided by their appointed foreign carrier when they last provided such services (Request for Tender AO/014/09),
(iii)
whether the department is in a position to guarantee the security status of all foreign personnel involved in the air-transportation of troops between mainland Australia and its deployment base adjacent to a war zone (Request for Tender AO/014/09),
(iv)
whether issues relating to respondents, or their related companies, of their contracts in South Africa are such as to warrant consideration of them from the procurement process, e.g. on ethical or probity grounds (Request for Tender AO/014/09), and
(v)
any other matters relevant to the probity of the procurement processes and the respondents, including the appointment of a permanent and independent probity auditor to oversee the awarding of all aviation contracts by the Commonwealth.

Senators Birmingham and Corman to move on the next day of sitting:

That there be presented to the President under standing order 166, no later than noon on Thursday, 25 November 2010 the final report of the review of NBN Co Limited’s Business Case undertaken by Greenhill Caliburn in accordance with the services contract between the Department of Finance and Deregulation and Greenhill Caliburn, which the services contract requires to be provided to the department by 26 November 2010.

Senator Ludwig to move on the next day of sitting:

(1)
That estimates hearings by legislation committees for 2011 be scheduled as follows: 2010-11 additional estimates: Monday, 21 February and Tuesday, 22 February (Group A)Wednesday, 23 February and Thursday, 24 February (Group B). 2011-2012 Budget estimates: Monday, 23 May to Thursday, 26 May, and, if required, Friday, 27 May (Group A)Monday, 30 May to Thursday, 2 June, and, if required, Friday, 3 June (Group B)Monday, 17 October and Tuesday, 18 October (supplementary hearings—Group A)Wednesday, 19 October and Thursday, 20 October (supplementary hearings—Group B).
(2)
That the committees consider the proposed expenditure in accordance with the allocation of departments and agencies to committees agreed to by the Senate.
(3)
That committees meet in the following groups: Group A: Environment and CommunicationsFinance and Public AdministrationLegal and Constitutional AffairsRural Affairs and Transport Group B: Community AffairsEconomicsEducation, Employment and Workplace RelationsForeign Affairs, Defence and Trade.
(4)
That the committees report to the Senate on the following dates:
(a)
Wednesday, 2 March 2011 in respect of the 2010-11 additional estimates; and
(b)
Tuesday, 21 June 2011 in respect of the 2011-12 Budget estimates.

Senators Heffernan, Coonan Xenophon and Siewert to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Patents Act 1990 to prevent the patenting of human genes and biological materials existing in nature, and for related purposes. Patent Amendment (Human Genes and Biological Materials) Bill 2010.

Senators Heffernan, Coonan Xenophon and Siewert to move on the next day of sitting:

That the Patent Amendment (Human Genes and Biological Materials) Bill 2010 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 23 March 2011.

Senator Wortley to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
that 23 November 2010 marks one year since the murder of 58 people, 32 of them journalists and media workers, in the southern Philippines,
(ii)
the massacre in Maguindanao province, Mindanao, on 23 November 2009 is the world’s single biggest atrocity against journalists,
(iii)
it marked the lowest point in the Philippines’ long-standing culture of impunity for the killings of media personnel, bringing the toll of media killings in the country at that time to 136 since 1986, according to the National Union of Journalists of the Philippines, an affiliate of the International Federation of Journalists,
(iv)
this motion remembers their tragic loss, a loss which comes under horrific and violent circumstances and their loss reminds us of the vital role journalists play in upholding democratic values overseas and at home, and of how critical it is that governments ensure this role is respected and protected,
(v)
many other journalists across the Philippines continue to endure serious threats because of the content of their reporting, and
(vi)
that of 196 suspects in the massacre, 19 are now on trial while 130 remain at large; and
(b)
welcomes the determination of the Philippines President, Benigno Aquino III to bring those responsible to justice and call on the Government of the Philippines to:
(i)
take all reasonable steps to charge and detain the accused, and
(ii)
expedite the trial process.

3:30 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

I give notice that, on the next day of sitting, I shall move:

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.

Education Services for Overseas Students Legislation Amendment Bill 2010
Family Assistance Legislation Amendment (Child Care Budget Measures) Bill 2010
Health Insurance Amendment (Pathology Requests) Bill 2010

I table a statement of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statements read as follows—

Education Services for Overseas Students Amendment Bill 2010

Purpose of the Bill

  • To implement the Government’s initial response to a number of recommendations arising from the Review of the Education Services for Overseas Students (ESOS) legislative framework led by the Hon Bruce Baird AM as reported in February 2010. 
  • Amend the Education Services for Overseas Students Act 2000 to:
  • strengthen the requirements for registration of providers to have a greater focus on financial viability, business sustainability, governance and general capacity to uphold Australia’s reputation for quality education and training to international students
  • introduce a consistent, comprehensive risk management approach to profile providers to determine the level of scrutiny that should apply at registration and throughout the registration period, as well as allowing conditions on registration and limiting the period of registration for each provider based on their risk profile
  • strengthen regulation by increasing enforcement options available to regulators and publishing information about regulatory activity planned or undertaken.
  • Amend the Ombudsman Act 1976 to:
  • improve access by international students to a statutorily independent complaints body by expanding the jurisdiction of the Commonwealth Ombudsman to include providers without access to such a body.
  • Amend the Privacy Act 1988 to:
  • enable any complaints, made initially to the Privacy Commissioner, to be transferred to the Commonwealth Ombudsman.

Reasons for Urgency

To give priority to responding to recommendations in the ESOS Review conducted by the Hon Bruce Baird AM which will require timely changes to the Education Services for Overseas Students Act 2000 .

In light of ongoing pressures and concerns impacting on the international education industry related to a range of economic, policy and reputational factors, the findings of the Baird Review have highlighted the need to strengthen the gateway and regulation of providers of education services to overseas students.

The review also highlighted the need to ensure all international students have access to a robust complaints and appeals process regardless of whether they attend a public or private institution.

The Review report was released in February 2010 and stakeholders have an expectation that the Government will respond to the findings of the Review in a timely way.

Effect if Bill not dealt with in Spring sittings

The international education sector has faced significant challenges in the last 12 months.  In response to this, in June 2009 the Prime Minister, in her former capacity as Minister for Education, announced that she was bringing forward a review of the ESOS legislative framework to ensure that international students have a positive experience and the international education quality meets the high standards expected in Australia.

The inability to respond to these recommendations in the Spring 2010 sittings would mean that the momentum gained from the Government’s proactive initiative of bringing forward the ESOS Review will be lost.

Family Assistance Legislation Amendment (Child Care Budget Measures) Bill

Purpose of the Bill

The bill reduces the annual Child Care Rebate cap to $7500 and pauses annual indexation for four years from 1 July 2010.

The savings of $86.3 million will contribute to funding improvements to the quality of child care.

Reasons for Urgency

The first quarterly payment of the Child Care Rebate for 2010–11 will be made to families by Centrelink from 18 October 2010. With the bill on hold, the 1 July 2010 indexation of the Child Care Rebate annual cap has occurred. Passage of the bill will ensure that no over-payment of the Child Care Rebate entitlement is made to families.

The Government supports and has made a commitment to enact a Senate amendment to the bill to pay the Child Care Rebate fortnightly from 1 July 2011. The Government will amend the Family Assistance legislation to enable fortnightly payments in a separate bill in the 2011 Autumn sittings.

Health Insurance Amendment (Pathology Requests) Bill 2010

Purpose of the Bill

To improve patient choice by amending legislative restrictions relating to pathology request forms. Under the Health Insurance Act 1973 , a Medicare benefit is not payable for a pathology service unless the service is rendered pursuant to a written request from the patient’s treating practitioner. A Medicare benefit is generally not payable unless the patient attends the pathology provider named on the request form. This restriction would be removed, allowing patients to take a request form to any pathology provider of their choice.

Reasons for Urgency

The Bill gives effect to a 2009-10 Budget measure which was announced to commence from 1 July 2010. Passage in the Spring sittings is necessary for timely implementation of the new arrangements .

If the Bill is not passed in the Spring sittings, implementation will be delayed. Increased patient choice is intended to encourage pathology providers to compete on price and convenience for patients, and if the Bill is not passed in the Spring sittings these benefits will be delayed.

Senator Xenophon to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Foreign Acquisitions and Takeovers Act 1975 to control acquisitions of interests in agricultural land, and for related purposes. Foreign Acquisitions Amendment (Agricultural Land) Bill 2010.

Senator Boyce to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
the provision of modern quality palliative care means no person with a terminal illness should die in pain, and
(ii)
the provision of modern quality palliative care affects end-of-life care arrangements; and
(b)
calls on the Government to ensure:
(i)
Australians have access to quality, modern palliative care when and as it is needed,
(ii)
adequate provisions are in place to make palliative care a fundamental part of our national healthcare system,
(iii)
the states, particularly Queensland, address the chronic under funding of palliative care services,
(iv)
government training programs for aged care and healthcare workers include appropriate end-of-life training and education, and
(v)
appropriate public education through greater awareness about the role of palliative care in the healthcare system and its contribution to the quality of life and death.

Senator Milne to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
the global carbon budget to give us a 75 per cent chance of constraining global warming to less than 2oC has been identified as in the order of 1 000 gigatonnes between 2000 and 2050, of which some 30 per cent has already been emitted, and
(ii)
there are various ways of sharing the task of meeting that global budget, depending on your view of equity; and
(b)
calls on the Government to set out the principles which underpin the negotiating position on burden sharing it will take to the United Nations Framework Convention on Climate Change meeting in Cancun that begins in the week beginning 28 November 2010.