Senator Moore to move on the next day of sitting:

That the time for the presentation of the report of the Community Affairs Committee on compliance audits on Medicare benefits be extended to 10 June 2009.

Senator Hurley to move on the next day of sitting:

That the time for the presentation of the report of the Economics Committee on foreign investment in Australia be extended to 17 July 2009.

Senator McGauran to move on the next day of sitting:

That the Joint Standing Committee on Treaties be authorised to hold a public meeting during the sitting of the Senate on Thursday, 14 May 2009, from 9.30 am.

Senator Colbeck to move on the next day of sitting:

That the time for the presentation of the report of the Select Committee on Climate Policy be extended to 15 June 2009.

Senator Hogg to move on the next day of sitting:

That the Senate records its deep regret at the death, on 24 April 2009, of Miss Anne Lynch, former Deputy Clerk of the Senate, and places on record its appreciation of her long and meritorious public service and tenders its profound sympathy to her family in their bereavement.

Senator Hutchins to move on the next day of sitting:

That the Senate—

(a)

notes:

(i)

the passing of the esteemed union leader and Australian Labor Party (ALP) hero, Mr Laurie Short, and

(ii)

the international regard in which he was held as a prominent member of the Australian labour movement;

(b)

acknowledges his substantial contribution to fighting the communist threat within the labour movement and the ALP;

(c)

recognises that he made this contribution at a time when opposing the communists meant risking real physical harm, which he was subjected to from time to time; and

(d)

passes its condolences to his daughter, Susanna Short and her family.

Senator Minchin to move on the next day of sitting:

(1)

That the Senate notes that the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) is in contempt of the Senate for his failure to comply with a Senate order of 4 February 2009 for the production of documents relating to the National Broadband Network (NBN) tender process.

(2)

That there be laid on the table by 6.50 pm on Wednesday, 13 May 2009:

(a)

the Australian Competition and Consumer Commission’s formal report on the NBN proposals to the NBN Panel of Experts; and

(b)

the final report provided to the Government from the NBN Panel of Experts on submissions to the NBN process.

(3)

That if the Government continues to refuse to comply with the orders of the Senate for the provision of these documents, consideration of any bill relating to the Government’s ‘new national broadband network’ be postponed and made an order of the day for the next day of sitting after the documents described in (2)(a) and (2)(b) are laid on the table.

Senator Siewert and Senator Fifield to move on the next day of sitting:

That the following matters be referred to the Education, Employment and Workplace Relations Committee for inquiry and report by 25 June 2009:

(a)

the conduct of the 2009 tendering process by the Department of Education, Employment and Workplace Relations to award Employment Services contracts, with particular attention to:

(i)

the design on the tender, including the weighting given to past performance and the weighting given to the ‘value for money’ delivered by previous and new service providers,

(ii)

evaluation of the tenders submitted against the selection criteria, including the relationship between recent service performance evaluations in various existing programs (such as provider star ratings), selection criteria and tendering outcomes, and

(iii)

the extent to which the recommendations of the 2002 Productivity Commission report into employment services have been implemented;

(b)

the level of change of service providers and proportion of job seekers required to change providers, and the impacts of this disruption in communities with high levels of unemployment or facing significant increases in unemployment;

(c)

any differences between the recommendations of the Tender Assessment Panel and the announcement by the Minister for Employment Participation of successful tenders on 2 April;

(d)

the transaction costs of this level of provider turnover, the time taken to establish and ‘bed-down’ new employment services, and the likely impacts of this disruption on both new and existing clients seeking support during a period of rapidly rising unemployment;

(e)

communication by the department to successful and unsuccessful tenderers, the communications protocol employed during the probity period, and referrals to employment services by Centrelink during the transition period;

(f)

the extent to which the Government has kept its promise that Personal Support Program, Job Placement Employment and Training and Community Work Coordinator providers would not be disadvantaged in the process, and the number of smaller ‘specialist’ employment service providers delivering more client-focused services still supported by the Employment Services program;

(g)

the particular impact on Indigenous Employment Services providers and Indigenous-focused Employment Services providers;

(h)

the Employment Services Model, including whether it is sustainable in a climate of low employment growth and rising unemployment, and whether there is capacity to revise it in the face of changed economic circumstances; and

(i)

recommendations for the best way to maintain an appropriate level of continuity of service and ongoing sector viability while at the same time ensuring service quality and accountability and maximising the ancillary benefits for social inclusion through connection and integration with other services.

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

That the Senate, in regard to the massacre of civilians, including hundreds of children in the Tamil homelands of northern Sri Lanka, calls on the Government to take decisive action commensurate with the need to immediately halt this unnecessary bloodshed.

Senator Hanson-Young to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Fair Work Act 2009 to guarantee 26 weeks government-funded paid parental leave, and for related purposes. Fair Work Amendment (Paid Parental Leave) Bill 2009.

Senator Ludlam to move on the next day of sitting:

That the Senate—

(a)

recalls the Government’s election promise and policy platform to repeal the Commonwealth Radioactive Waste Management Act 2005;

(b)

notes:

(i)

the statement given by the Minister for Resources and Energy (Mr Ferguson) on ABC Radio, Darwin, on 30 April 2009 which indicated that the Government will keep its election promise, but refused to confirm when this will occur, and

(ii)

that the Minister indicated that scientific reports on the assessment of potential sites have almost been completed and that the Government will be making a recommendation on an appropriate site, but has not yet finalised its policy on community consultation; and

(c)

calls on the Government to establish a process for identifying suitable sites that is scientific, transparent, accountable, fair and allows access to appeal mechanisms, ensures full community consultation in radioactive waste decision-making processes, and for international best practice scientific processes, including transportation and storage, to underpin Australia’s radioactive waste management.

       Senator Siewert to move on the next day of sitting:

That the Senate—

(a)

notes that the week beginning 11 May 2009 is National Volunteer Week;

(b)

recognises that more than 5.4 million Australian volunteers contribute more than 700 million hours of their time to support our community in a wide range of areas from aged cared, health, emergency services, education and sport;

(c)

acknowledges that community groups, charities and services would not be able to deliver their services without volunteers;

(d)

commends volunteers for their tireless contributions to our community; and

(e)

acknowledges the enormous role that volunteers play in civil society.

Senator McLucas to move on the next day of sitting:

That, effective on 14 May 2009, standing order 25 be amended to read as follows:

25  Legislative and general purpose

(1)

At the commencement of each Parliament, legislative and general purpose standing committees shall be appointed, as follows:

Community Affairs

Legislation Committee

References Committee

  Economics

Legislation Committee

References Committee

  Education, Employment and Workplace Relations

Legislation Committee

References Committee

  Environment, Communications and the Arts

Legislation Committee

References Committee

  Finance and Public Administration

Legislation Committee

References Committee

  Foreign Affairs, Defence and Trade

Legislation Committee

References Committee

  Legal and Constitutional Affairs

Legislation Committee

References Committee

  Rural and Regional Affairs and Transport

Legislation Committee

References Committee.

(2)   The committees shall inquire into and report upon:

(a)   matters referred to them by the Senate, including estimates of expenditure in accordance with standing order 26, bills or draft bills, annual reports in accordance with paragraph (20); and

(b)   the performance of departments and agencies allocated to them.

(2) (a)

The legislation committees shall inquire into and report upon estimates of expenditure in accordance with standing order 26, bills or draft bills referred to them by the Senate, annual reports in accordance with paragraph (20), and the performance of departments and agencies allocated to them.

(b)

The references committees shall inquire into and report upon other matters referred to them by the Senate.

(3)

References concerning departments and agencies shall be allocated to the committees in accordance with a resolution of the Senate allocating departments and agencies to the committees.

(4)

The committees shall inquire into and report upon matters referred to their predecessor committees appointed under this standing order and not disposed of by those committees, and in considering those matters may consider the evidence and records of those committees relating to those matters.

(5)

     Each legislation committee shall consist of  8  6 senators,  4  3 nominated by the Leader of the Government in the Senate,  3  2 nominated by the Leader of the Opposition in the Senate and one nominated by minority groups and independent senators.

(b)

Each references committee shall consist of 6 senators, 2 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and one nominated by minority groups and independent senators.

(6) (a)

The committees to which minority groups and independent senators make nominations shall be determined by agreement between the minority groups and independent senators, and, in the absence of agreement duly notified to the President, any question of the representation on a committee shall be determined by the Senate.

(b)

The allocation of places on the committees amongst minority groups and independent senators shall be as nearly as practicable proportional to the numbers of those minority groups and independent senators in the Senate.

(7) (a)

Senators may be appointed to the committees as substitutes for members of the committees in respect of particular matters before the committees.

(b)

On the nominations of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate and minority groups and independent senators, participating members may be appointed to the committees.

(c)

Participating members may participate in hearings of evidence and deliberations of the committees, and have all the rights of members of committees, but may not vote on any questions before the committees.

(d)

A participating member shall be taken to be a member of a committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.

(e)

If a member of a committee is unable to attend a meeting of the committee, that member may in writing to the chair of the committee appoint a participating member to act as a substitute member of the committee at that meeting. If the member is incapacitated or unavailable, a letter to the chair of a committee appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader of the party or group on whose nomination the member was appointed to the committee.

(8)

A committee may appoint sub-committees consisting of 3 or more of its members, and refer to any such sub-committee any of the matters which the committee is empowered to consider.

(9) (a)

Each legislation committee shall elect as its chair a member nominated by the Leader of the Government in the Senate, and as its deputy chair a member nominated by the Leader of the Opposition in the Senate or by a minority group or independent senator.

(b)

Each of 6 references committees shall elect as its deputy chair a member nominated by the Leader of the Opposition in the Senate, and each of 2 references committees shall elect as its deputy chair a member of a minority group in the Senate, and each references committee shall elect as its deputy chair a member nominated by the Leader of the Government in the Senate.

(c)

The deputy chairs and deputy chairs to which members nominated by the Leader of the Opposition in the Senate and members of minority groups and independent senators are elected shall be determined by agreement between the opposition and minority groups and independent senators, and, in the absence of agreement duly notified to the President, any question of the allocation of chairs and deputy chairs shall be determined by the Senate.

(d)

The deputy chair shall act as the chair of the committee when the member elected as chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(e)

When votes on a question before a committee are equally divided, the chair, or the deputy chair when acting as chair, shall have a casting vote.

(f)

The chair, or the deputy chair when acting as chair, may appoint another member of a committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.

(10)

The chairs and deputy chairs of the committees, together with the chairs and deputy chairs of any select committees appointed by the Senate, shall constitute the Chairs’ Committee, which may meet with the Deputy President in the chair, and may consider and report to the Senate on any matter relating to the operations of the committees.

(11)

Except as otherwise provided by the standing orders, the reference of a matter to a committee shall be on motion after notice, and such notice of motion may be given:

(a)

in the usual manner when notices are given; or

(b)

at any other time by a senator:

(i)

stating its terms to the Senate, when no other business is before the chair, or

(ii)

delivering a copy to the Clerk, who shall report it to the Senate at the first opportunity;

and shall be placed on the Notice Paper for the next sitting day as business of the Senate and, as such, shall take precedence of government and general business set down for that day.

(12)

Matters referred to the committees should relate to subjects which can be dealt with expeditiously.

(13)

A committee shall take care not to inquire into any matters which are being examined by a select committee of the Senate appointed to inquire into such matters and any question arising in this connection may be referred to the Senate for determination.

(14)

A committee and any sub-committee shall have power to send for persons and documents, to move from place to place, and to meet and transact business in public or private session and notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives.

(15)

All documents received by a committee during an inquiry shall remain in the custody of the Senate after the completion of that inquiry.

(16)

A committee shall be empowered to print from day to day any of its documents and evidence. A daily Hansard shall be published of public proceedings of a committee.

(17)

A committee shall be provided with all necessary staff, facilities and resources and shall be empowered to appoint persons with specialist knowledge for the purposes of the committee, with the approval of the President.

(18)

A committee may report from time to time its proceedings and evidence taken and any recommendations, and shall make regular reports on the progress of its proceedings.

(19)

A committee may authorise the broadcasting of its public hearings, under such rules as the Senate provides.

(20)

Annual reports of departments and agencies shall stand referred to the legislation committees in accordance with an allocation of departments and agencies in a resolution of the Senate. Each committee shall:

(a)

Examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.

(b)

Consider in more detail, and report to the Senate on, each annual report which is not apparently satisfactory, and on the other annual reports which it selects for more detailed consideration.

(c)

Investigate and report to the Senate on any lateness in the presentation of annual reports.

(d)

In considering an annual report, take into account any relevant remarks about the report made in debate in the Senate.

(e)

If the committee so determines, consider annual reports of departments and budget-related agencies in conjunction with examination of estimates.

(f)

Report on annual reports tabled by 31 October each year by the tenth sitting day of the following year, and on annual reports tabled by 30 April each year by the tenth sitting day after 30 June of that year.

(g)

Draw to the attention of the Senate any significant matters relating to the operations and performance of the bodies furnishing the annual reports.

(h)

Report to the Senate each year whether there are any bodies which do not present annual reports to the Senate and which should present such reports.