Slade Brockman (WA, Liberal Party) Share this | Hansard source

I will now deal with amendments circulated by Senator Thorpe. The question is that Senator Thorpe's amendments on sheets 3478 revised, 3484 and 3485 be agreed to.

Senator Thorpe's amendments to the Australian Centre for Disease Control Bill 2025—

SHEET 3478 REVISED

(1) Clause 5, page 3 (before line 25), before the definition of Aboriginal person, insert:

Aboriginal and Torres Strait Islander Advisory Committee means the Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control established by section 38B.

(2) Clause 5, page 7 (after line 5), after the definition of foreign government body, insert:

Indigenous Data Sovereignty Principles: see section 70AA.

(3) Clause 5, page 8 (after line 19), after paragraph (e) of the definition of public health matters, insert:

(ea) the health of Aboriginal persons and Torres Strait Islanders;

(eb) social, systemic and structural determinants of health;

(4) Clause 11, page 16 (after line 35), after paragraph 11(i), insert:

(ia) conducting, promoting and supporting initiatives directed at achieving health equity for Aboriginal persons and Torres Strait Islanders, including initiatives directed at addressing social, systemic and structural factors that contribute to health inequities for Aboriginal persons and Torres Strait Islanders, in collaboration with:

(i) bodies representing Aboriginal persons or Torres Strait Islanders (or both); and

(ii) bodies known as Aboriginal and/or Torres Strait Islander Community-Controlled Organisations; and

(iii) State or Territory government entities;

(5) Clause 30, page 28 (lines 21 to 24), omit subclause (3), substitute:

(3) The Minister must ensure that at least two appointed members are Aboriginal persons or Torres Strait Islanders (or both) who have expertise, qualifications or experience in the health needs of Aboriginal persons or Torres Strait Islanders (or both).

(6) Clause 30, page 29 (after line 9), after paragraph (4)(g), insert:

(ga) the health needs of Aboriginal persons or Torres Strait Islanders (or both);

(7) Page 34 (after line 3), after Part 3, insert:

Part 3A — The Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control

Division 1 — Introduction

38A Simplified outline of this Part

This Part establishes the Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control. The Committee's function is to provide advice to the Minister and Director-General.

Division 2 — The Aboriginal and Torres Strait Islander Advisory Committee

38B Establishment

(1) The Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control is established by this section.

(2) The Minister is to determine, in writing, the composition of the Aboriginal and Torres Strait Islander Advisory Committee, including the expertise, qualifications and experience of its members.

(3) The Minister is to appoint the members of the Aboriginal and Torres Strait Islander Advisory Committee on a part-time basis, and must appoint one of the members to chair the Committee.

38C Function

(1) The function of the Aboriginal and Torres Strait Islander Advisory Committee is to provide advice to the Minister and the Director-General on:

(a) the operation and effectiveness of this Act, particularly in relation to the health needs of Aboriginal persons or Torres Strait Islanders (or both); and

(b) any other matter on which the Minister or the Director-General requests, in writing, the Committee to provide advice.

(2) The Minister may give the Committee written guidelines about its function.

(3) Neither requests under paragraph (1)(b), nor guidelines under subsection (2), are legislative instruments.

(8) Page 53 (after line 20), after clause 69, insert:

70AA Indigenous Data Sovereignty Principles

Director-General to determine Indigenous Data Sovereignty Principles

(1) The Director-General must, by legislative instrument, determine principles to be followed in the collection, use and disclosure under this Act of information that relates to, or affects, Aboriginal persons or Torres Strait Islanders.

(2) The principles determined under subsection (1) are to be known as Indigenous Data Sovereignty Principles.

When Indigenous Data Sovereignty Principles must first come into force

(3) The Director-General must ensure there are Indigenous Data Sovereignty Principles in force at all times after the end of the period of 6 months beginning at the commencement of this section.

Consultation

(4) Before determining Indigenous Data Sovereignty Principles, the Director-General must:

(a) publish on the Centre's website:

(i) a draft of the Indigenous Data Sovereignty Principles; and

(ii) a notice inviting submissions on the draft on or before a day specified in the notice; and

(b) consider any submissions received on or before the day specified in the notice.

(5) The day specified under subparagraph (4)(a)(ii) must be at least 30 days after the day on which the notice is published.

(6) Subsection (4) does not limit section 17 of the Legislation Act 2003.

Effect of Indigenous Data Sovereignty Principles

(7) A provision of this Division that authorises the collection, use or disclosure of information that relates to, or affects, Aboriginal persons or Torres Strait Islanders has effect only to the extent that the Indigenous Data Sovereignty Principles are followed in the collection, use or disclosure that information.

(9) Page 63 (after line 21), after clause 77, insert:

77A Aboriginal and Torres Strait Islander health reports

(1) The Director-General must, as soon as practicable after the end of each calendar year, prepare a report on the state of Aboriginal and Torres Strait Islander health in Australia during that year.

(2) The report must contain (without limitation) information about progress towards health equity for Aboriginal persons and Torres Strait Islanders, including progress towards addressing social, systemic and structural factors that contribute to health inequities for Aboriginal persons and Torres Strait Islanders.

(3) The Director-General must publish a copy of the report on the Centre's website.

(4) The Director-General may, in preparing the report, seek assistance, input or information from such persons as the Director-General determines.

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SHEET 3484

(1) Clause 5, page 8 (after line 20), after paragraph (f) of the definition of public health matters, insert:

(fa) the health effects of racial discrimination;

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SHEET 3485

(1) Clause 5, page 8 (after line 21), after paragraph (g) of the definition of public health matters, insert:

(ga) the health of prisoners and persons detained in custodial settings;

(2) Clause 11, page 16 (after line 25), after subparagraph (11)(h)(viii), insert:

(viiia) bodies providing health services to prisoners and persons detained in custodial settings;