Senate debates

Monday, 13 October 2008

Notices

Presentation

Senator McEwen to move on the next day of sitting:

That the time for the presentation of reports of the Environment, Communications and the Arts Committee be extended as follows:
(a)
effectiveness of the Environment Protection and Biodiversity Conservation Act 1999 and other programs in protecting threatened species and ecological communities—to the last sitting day in February 2009; and
(b)
Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008—to 4 December 2008.

Senator McEwen to move on the next day of sitting:

That the Environment, Communications and the Arts Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 16 October 2008, from 4.30 pm, to take evidence for the committee’s inquiry into the Renewable Energy (Electricity) Amendment (Feed-in-Tariff) Bill 2008.

Senator Marshall to move on the next day of sitting:

That the Education, Employment and Workplace Relations Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 16 October 2008, from 10 am, to take evidence for the committee’s inquiry into academic freedom in school and higher education.

Senator Marshall to move on the next day of sitting:

That the time for the presentation of the report of the Education, Employment and Workplace Relations Committee on academic freedom in school and higher education be extended to 27 November 2008.

Senator Xenophon to move on the next day of sitting:

That there be laid on the table by 1 November 2009 a report by the Productivity Commission on:
(a)
the total number and proportion of privately insured patients, in the latest 6-month period for which data is available prior to the report being issued, who were fully informed of the cost of hospital and specialist services before providing consent for treatment, in both public and private hospitals;
(b)
the comparative hospital, and medical, costs for each defined group of clinically similar procedures, as per the classification of Australian Refined Diagnostic Related Groups, as performed by the public and private hospital sectors separately in the latest 6-month period for which data is available prior to the report being issued; and
(c)
the rate (i.e. the number and proportion of all admissions) of hospital-acquired infections, by type, reported by individual public and private hospitals in the latest 6-month period for which data is available prior to the report being issued.

Senator Xenophon to move on the next day of sitting:

That the Senate calls on the Prime Minister (Mr Rudd) and the Minister for Infrastructure, Transport, Regional Development and Local Government (Mr Albanese) to take immediate action:
(a)
to secure from the Executive Council approval for Australia to enter into the 1999 Montreal Convention to ensure just compensation for Australian passengers injured on international flights; and
(b)
to lodge Australia’s formal instrument of accession to the convention with the International Civil Aviation Organization.

Senator Siewert to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
the week beginning 12 October 2008 is Anti-Poverty Week,
(ii)
Aboriginal and Torres Strait Islanders are over represented amongst those living in poverty in Australia,
(iii)
people living on income support payments including single parents, disability support pension and the age pension are over represented amongst those living in poverty in Australia, and
(iv)
Australia currently gives foreign aid to the value of 0.32 per cent of gross national income; and
(b)
calls on the Government to:
(i)
support the development of effective benchmarks to measure poverty,
(ii)
institute policies that seek to eradicate poverty and strengthen social inclusion,
(iii)
increase the base pension rate by $30 per week which would have the added benefit of directly increasing cash flows during this time of economic crisis, and
(iv)
increase the amount of foreign aid to 0.7 per cent in line with the recommendations of the United Nations.

Senator Siewert to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
that 9 October 2008 was World Sight Day, the theme for 2008 is vision and ageing, and
(ii)
the importance of preventive measures and early detection of eye conditions in maintaining vision in later years of life; and
(b)
calls on the Government to ensure that Australians have access to good eye care services regardless of their age, geographical location and income.

Senator Cormann to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
that in September 2007, the Howard Government provided $502 700 in funding towards the establishment of a much-needed paediatric ward at the Peel Health Campus under the Regional Partnerships Program,
(ii)
the significant efforts made by the local community in raising $2.4 million in funding through raffles, fund raising and other community events to raise the total project cost of $3.8 million (including building and capital equipment),
(iii)
that the Western Australian Government committed to providing $750 000 in funding towards this project,
(iv)
the Rudd Labor Government’s shambolic approach to this very meritorious Regional Partnerships Project, having:
(a)
initially halted funding for the Peel Health Campus paediatric ward as part of its blanket decision to end all funding under the Regional Partnerships Program,
(b)
then, in the face of a major public outcry, agreed to re-examine projects that had already been approved,
(c)
then, on 29 May 2008 reinstated funding to the Peel Health Campus subject to the project meeting certain conditions, and
(d)
then, by letter dated 1 August, cruelly cancelled funding for the paediatric ward at Peel Health Campus again, claiming that the local project proponents had not complied with all the bureaucratic requirements, even though those had not been properly communicated,
(v)
that communications between the Department of Infrastructure, Transport, Regional Development and Local Government and the Peel Health Campus at no point revealed any obstacles that would stop the contracts being signed before the cut-off date of 31 July 2008,
(vi)
that as of 31 July 2008 the contracts were not signed and the Peel Health Campus Trust was informed by letter, dated 1 August 2008, that their application had been rejected, and
(vii)
the Rudd Government’s attempts to hide behind cold bureaucratic stone walling claiming that its outrageous decision was based on:
(a)
concern over management of the building contract for the project, even though this issue had been resolved in early July, and
(b)
concern that a funding commitment of $330 000 from a third party (the Variety Club) was not finalised by 30 June 2008, even though the project had sufficient funding from other contributors and was never dependant on the Variety Club funding; and
(b)
calls on the Rudd Government immediately to reinstate its share of funding for the much needed paediatric ward at the Peel Health Campus to the agreed level of $502 700, so that the children of the rapidly growing Mandurah region will not have to continue to be treated in adult wards.

Senator Hurley to move on the next day of sitting:

That—
(a)
the reference of residential and community aged care in Australia, referred to the Economics Committee on 25 September 2008, be transferred to the Finance and Public Administration Committee; and
(b)
in considering this matter, the Finance and Public Administration Committee may consider the relevant evidence and records of the Economics Committee.

Senator Hurley to move on the next day of sitting:

That the time for the presentation of the report of the Economics Committee on Australia’s mandatory Last Resort Home Warranty Insurance scheme be extended to 13 November 2008.

Senator Hurley to move on the next day of sitting:

That the time for the presentation of reports of the Economics Committee be extended as follows:
(a)
disclosure regimes for charities and not-for-profit organisations––to 4 December 2008; and
(b)
Australia’s space science and industry sector––to 12 November 2008.

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

That the Senate—
(a)
notes the call by Griffith University Professor Angela Arthington, and by world fish expert Professor Gene Helfman of the Institute of Ecology at the University of Georgia, United States of America, for Australia to avoid the Traveston Crossing Dam in Queensland in order to protect the endangered Australian lungfish;
(b)
accepts that the Mary River is the single most vital remaining spawning ground and nursery for the lungfish, and for the Mary River cod and Mary River turtle; and
(c)
calls on the Minister for the Environment, Heritage and the Arts (Mr Garrett) to explain to the Senate how these spawning grounds and nurseries could be protected if the dam were built.

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

That the Senate congratulates the People’s Republic of China for its first spacewalk and this great contribution to the global community’s future adventure into the cosmos.

Senator Hutchins to move on the next day of sitting:

That the Senate—
(a)
notes and expresses its sadness at the recent assassination of the former Sri Lankan High Commissioner to Australia, retired Major General Janaka Perera and his wife, both dual Australian citizens;
(b)
notes the significant contribution that retired Major General Perera made to his country;
(c)
recognises retired Major General Perera’s commitment to finding a peace solution for Sri Lanka;
(d)
expresses its condolences to retired Major General Perera’s three children, all of whom are Australian residents; and
(e)
condemns the ongoing civil conflict in Sri Lanka and the use of terrorist tactics like suicide bombers and child soldiers.

Senator Fielding to move on the next day of sitting:

That the Senate—
(a)
notes with great sadness the death of young Melbourne backpacker Britt Lapthorne;
(b)
offers its sincere condolences to her parents Elke and Dale, brother Darren, family and friends; and
(c)
recognises the courage and tenacity of the Lapthorne family in their determination to find their missing daughter and bring her home from Croatia.

Senator Hanson-Young to move on 15 October 2008:

That the Senate—
(a)
notes that:
(i)
Friday, 31 October 2008 marks the 30th anniversary of the annual ‘Reclaim the Night’ day of action in Australia,
(ii)
this day of action was established to highlight every woman’s basic human right to live in freedom from discrimination and fear of violence, and
(iii)
more than two-thirds of women experience some form of physical or sexual violence in their lives;
(b)
recognises that:
(i)
Reclaim the Night represents a symbol of unity as well as an affirmation and celebration of women’s strength, and has international, multi-partisan political support, and
(ii)
these marches are an extremely powerful means by which women can raise the issue of sexual assault and sexual violence; and
(c)
calls on the Rudd Government, as part of the National Plan to Reduce Violence against Women and their Children, to work constructively to further develop and support national anti-violence public awareness and education campaigns as part of Australia’s commitment as a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination against Women.

Senator Ludwig to move on the next day of sitting:

That, on Tuesday, 14 October 2008:
(a)
the hours of meeting shall be 12.30 pm to 6.30 pm and 7 pm to 11.10 pm;
(b)
that from 7 pm, any question in respect of which a senator requires a division, and any questions consequent on the outcome of that division, shall stand postponed until the next day of sitting at a time fixed by the Senate;
(c)
the routine of business from 7 pm shall be government business only; and
(d)
the question for the adjournment of the Senate shall be proposed at 10.30 pm.

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

That the Senate calls on the Government to:
(a)
ensure that, as a minimum, no financial institution executives’ pay will increase as a consequence of the Government purchasing residential mortgage-backed securities or guaranteeing deposits and wholesale term funding of Australian financial institutions; and
(b)
prohibit payment of severance benefits (‘golden parachutes’/‘golden handshakes’) to chief executive officers of such banks or institutions.

3:54 pm

Photo of Dana WortleyDana Wortley (SA, Australian Labor Party) Share this | | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, I give notice that 15 sitting days after today I shall move that the following delegated legislation be disallowed:

(1)
Defence Force (Home Loans Assistance) Amendment Regulations 2008 (No. 1 and contained in Select Legislative Instrument 2008 No. 138 and made under the Defence Force (Home Loans Assistance) Act 1990.
(2)
Livestock Export (Merino) Orders (Amendment) No. 1 of 2008 made under regulation 3 of the Export Control (orders) Regulations 1982.
(3)
Instrument No. CASA 389/08 made under regulation 208 of the Civil Aviation Regulations 1988.
(4)
Instrument No. CASA 390/08 made under regulation 208 of the Civil Aviation Regulations 1988.
(5)
Instrument No. CASA 397/08 made under subregulation 38(1) if the Civil Aviation Regulations 1988.
(6)
Instrument No. CASA 414/08 made under subregulation 38(1) of the Civil Aviation Regulations 1988.
(7)
Wool Services Privatisation (Research Body) Declaration 2008 made under subsection 30(1) of the Wool Services Privatisation Act 2000.

I seek leave to incorporate in Hansard a short summary of the matters raised by the committee.

Leave granted.

The summary read as follows—

Defence Force (Home Loans Assistance) Amendment Regulations 2008 (No. 1)

These Regulations permit the use and disclosure of personal information in connection with the administration of the Defence Force home ownership assistance scheme.  The Explanatory Statement indicates that there has been consultation with certain Departments, but the Privacy Commissioner does not appear to have been consulted.  The Minister advised that the department has since sought and is awaiting the Privacy Commissioner’s assessment of the privacy implications of the Scheme.

Livestock Export (Merino) Orders (Amendment) No. 1 of 2008

These Orders incorporate the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors into the principal Orders.  Clause 7 of Annexure A to the Guidelines gives the Australian Association of Stud Merino Breeders Limited an absolute discretion to refuse entry for the sale of any rams, without liability for compensation.  This is a very broad discretion the exercise of which may adversely affect the business of sheep breeders.  No criteria or grounds have been specified as prerequisites for the exercise of the discretion.  The Committee has written to the Minister seeking advice on this matter.

Instruments Nos. CASA 389/08 and CASA 390/08

Both of these instruments, which commence on 1 August 2008, are intended to apply in the place of CASA 445/07 which expired on 31 July 2008.  As with CASA 445/07 the two instruments appear to provide for the cabin attendant to passenger ratio of one cabin attendant for every 50 passengers carried on Boeing 737-800 series aircraft.  The exemption from Civil Aviation Order 20.16.3 originally provided for in CASA 445/07 is now contained in two instruments, with CASA 389/08 providing for aircraft that carry 50 or fewer passengers and CASA 390/08 for aircraft carrying more than 50 passengers.

Instrument No. CASA 445/07 was subject to a notice of disallowance that was not withdrawn by the Committee until 26 August 2008.  Section 47 of the Legislative Instruments Act 2003 prevents the making of a legislative instrument that is the same in substance as an instrument that is subject to disallowance.  The Explanatory Statements that accompany these instruments make no reference to the notice of disallowance on CASA 445/07, nor whether legal advice was sought as to the implications of making the instruments while the notice was still active.  The Committee has written to the Minister seeking advice on this matter.

Instruments Nos. CASA 397/08 and CASA 414/08

These interim instruments require compliance by Qantas Airways Limited, Jetstar Airways Pty Ltd and Virgin Blue International Airlines Pty Ltd with each Airworthiness Directive (AD) that is issued by the National Airworthiness Authority of the particular State of Design for certain aircraft.  The State of Design AD is to be regarded as if it were an Australian AD.  The Explanatory Statement that accompanies each instrument indicates that there is a wider proposal to amend Part 39 of the Civil Aviation Safety Regulations 1998 to authorise all State of Design ADs.  The Minister advised that under the proposed general amendments, non-Australian State of Design ADs will no longer be subject to Parliamentary scrutiny, while ADs generated and issued by CASA (either as the Australian State of Design or because of any safety issues identified by CASA) will continue to be considered legislative instruments and subject to Parliamentary scrutiny.  Such a distinction, based simply on country of origin of design, seems arbitrary and an invitation to inconsistency. Its effect seems to be to remove a large number of instruments from continuing parliamentary oversight. The Committee has written to the Minister seeking further information on this matter.

Wool Services Privatisation (Research Body) Declaration 2008

This instrument determines that Australian Wool Innovation Ltd (AWI) is the research body for the purposes of the Wool Services Privatisation Act 2000. 

The Explanatory Statement that accompanies this instrument advises that AWI was declared to be the research body in December 2000 but that its status lapsed in October 2006 when, due to an administrative error, the declaration was repealed by operation of the Legislative Instruments Act 2003.  Accordingly, this present instrument is expressed to commence retrospectively from 1 October 2006.  The Explanatory Statement also notes that AWI has continued to receive funding between 1 October 2006 and the date of this instrument.  It appears that the intention of this instrument, in part, is to retrospectively validate the receipt of those funds.  The use of a retrospective legislative instrument as a remedy in these circumstances may not be appropriate.

The Committee sought advice from the Minister as to whether this is the intention of the instrument.  The Minister advised that the declaration is a precondition to entering into a contract but that it appears to be an administrative formality rather than a substantive requirement. The Committee has written to the Minister seeking clarification of this distinction.

3:55 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 the Tax Laws Amendment (Medicare Levy Surcharge Thresholds) Bill (No. 2) 2008, allowing it to be considered during this period of sittings.

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

Leave granted.

The statement read as follows—

TAX LAWS AMENDMENT (MEDICARE LEVY SURCHARGE THRESHOLDS) BILL (No. 2) 2008

Purpose of the Bill

The Bill will amend the Medicare Levy Act 1986 and the A New Tax System (Medicare Levy Surcharge-Fringe Benefits) Act 1999 to increase the Medicare levy surcharge threshold for individuals from $50,000 to $75,000 and for families from $100,000 to $150,000.

Reasons for Urgency

The legislation is introducing new Medicare levy surcharge thresholds for individuals and families that will take effect from 1 July 2008.  Introduction and passage of the Bill in the 2008 spring sitting is necessary to provide certainty for taxpayers as to their Medicare levy surcharge liability for the 2008-09 income year and later income years.

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 the following bills, allowing them to be considered during this period of sittings:

Migration Amendment (Notification Review) Bill 2008
Migration Legislation Amendment (Worker Protection) Bill 2008.

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 statement read as follows—

MIGRATION AMENDMENT (NOTIFICATION REVIEW) BILL 2008

Purpose of the Bill

The bill amends the Migration Act 1958 to make modifications to the notification regime that will assist in providing greater certainty in effective notification pending a broader review.

The amendments will reduce the Commonwealth’s exposure to risk. A failure or error in notification can have serious consequences that may result in the denial of access to review rights, inappropriate and potentially unlawful detention and possible removal of non-citizens who are not unlawful at the time of removal.  As highlighted starkly in the Commonwealth Ombudsman’s “Report into referred Immigration cases: notification issues” of June 2007, the complexities and difficulties in administering notification under the Act directly contributed to the unlawful detention of people.

The bill amends the Migration Act 1958 to:

  • Provide, in cases where other notification provisions would not apply to a minor, that where the Minister (or MRT/RRT member, Registrar, Deputy Registrar or other officer of the Tribunal) forms a reasonable belief that an individual has care and responsibility for a minor, then the Minister (for primary decisions) or the Tribunal (for MRT/RRT decisions) may communicate with that person (instead of the minor) to notify that individual of a decision of the Minister or Tribunal about the minor;
  • Provide that substantial compliance with the required contents of a notification document is sufficient unless the visa applicant is able to show the error or omission in the document causes them substantial prejudice;  and
  • Provide that the deemed time of notification provisions will operate despite non-compliance with a procedural requirement for giving a document to an individual, where the individual has actually received the document, unless the individual is able to show they received the document at a later date, in which case they will be taken to have received the document at that date.

Reasons for Urgency

Non-compliance with the procedural requirements for notification means that statutory duties remain unperformed, with consequences for both the duration of bridging visas and the time limits for the exercise of merits and judicial review rights.  Strict judicial oversight of the complex notification provisions has caused uncertainty and has created large legacy caseloads which have proved difficult, if not impossible to address through litigation or administrative reforms.

If the bill is not passed in the 2008 Spring sittings these measures, which go some way to addressing notification issues, will remain unresolved.

(Circulated by authority of the Minister for Immigration and Citizenship

MIGRATION LEGISLATION AMENDMENT (WORKER PROTECTION) BILL 2008

Purpose of the Bill

The bill amends the Migration Act 1958 to:

  • better define obligations for sponsors of temporary residents, including sponsors of Subclass 457 visa Business (Long Stay) holders;
  • improve investigative powers to more effectively monitor compliance with new obligations;
  • create a more robust sanctions framework to encourage compliance and manage non-compliance with new obligations, including a civil penalties and infringement notice regime and improved recovery powers; and
  • improve information sharing with relevant Commonwealth, State and Territory government agencies, including Education Employment and Workplace Relations and the Australian Taxation Office.

The bill also amends the Tax Administration Act 1953 to:

Reasons for Urgency

The Government seeks these amendments as a matter of urgency to restore public confidence in this essential labour supply program and to remove the abuse and exploitation of overseas workers.

Public confidence in the Business (Long Stay) visa program has diminished and media attention continues to focus on cases of exploitation and abuse of overseas workers. The Government is reviewing all aspects of the program to improve its integrity. The measures introduced by this bill are necessary to foster a climate for longer term reforms which will seek to deliver necessary skills from an increasingly competitive global labour market with a minimum of regulation while effectively limiting abuse of the program.

If the bill is not passed in the 2008 Spring sittings, the necessary reforms will not occur in a timely way and confidence in the Business (Long Stay) program will further diminish.

(Circulated by authority of the Minister for Immigration and Citizenship)