Senate debates

Tuesday, 28 September 2010

Documents

Tabling

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Pursuant to standing orders 38 and 166, I present documents listed on today’s Order of Business at item 12, which have been presented to the President, the Deputy President and the Temporary Chairmen of Committees since the Senate last sat. In accordance with the terms of the standing orders, the publication of the documents was authorised.

The list read as follows—

Committee reports

1. Finance and Public Administration References Committee––The funding arrangements for tax reform advertising (presented to temporary chair of committees, Senator Crossin, on 30 June 2010, 10.30 am CST).

2. Legal and Constitutional Affairs Legislation Committee––Report, together with the Hansard record of proceedings and submissions received by the committee––Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2010 (presented to temporary chair of committees, Senator Troeth, on 30 June 2010, 2.17 pm).

3. Economics References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Access of small business to finance (presented to temporary chair of committees, Senator Troeth, on 30 June 2010, 3.04 pm).

4. Environment, Communications and the Arts References Committee––Energy Efficient Homes Package (ceiling insulation)—

Interim reports (presented to temporary chair of committees, Senator Troeth, on 30 June 2010, 3.27 pm; and the Deputy President on 9 July 2010, 11.20 am CST).

Final report (presented to the President on 15 July 2010, 9.40 am).

5. Joint Standing Committee on Foreign Affairs, Defence and Trade––Report, together with the Hansard record of proceedings and documents presented to the committee––Review of the Defence annual report 2008-09 (presented to temporary chair of committees, Senator Carol Brown, on 2 July 2010, 9.51 am).

6. Rural and Regional Affairs and Transport References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––The effectiveness of Airservices Australia’s management of aircraft noise (presented to temporary chair of committees, Senator Ryan, on 2 July 2010, 3.30 pm).

7. Parliamentary Standing Committee on Public Works––3rd report of 2010––Extension of scope to the Australian SKA Pathfinder Telescope and the Pawsey High Performance Computing Centre for SKA Science (presented to the Deputy President, on 12 July 2010, 12.10 pm CST).

8. Legal and Constitutional Affairs References Committee––Interim report––Review of government discretionary payments in special circumstances (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

9. Legal and Constitutional Affairs Legislation Committee––Report––Access to Justice (Family Court Restructure and Other Measures) Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

10. Legal and Constitutional Affairs Legislation Committee––Report––Aviation Crimes and Policing Legislation Amendment Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

11. Legal and Constitutional Affairs Legislation Committee––Civil Dispute Resolution Bill 2010 [Provisions]––

Report (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

Submission received by the committee (presented to the President on 12 August 2010, 4.03 pm).

12. Legal and Constitutional Affairs Legislation Committee––Corporations Amendment (Sons of Gwalia) Bill 2010 [Provisions]—–

Report, together with a submission received by the committee (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

Further submissions received by the committee (presented to the President on 12 August 2010, 4.03 pm).

13. Legal and Constitutional Affairs Legislation Committee––Report––Crimes Legislation Amendment Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

14. Legal and Constitutional Affairs Legislation Committee––Human Rights (Parliamentary Scrutiny) Bill 2010 and a related bill [Provisions]––

Report, together with submissions received by the committee (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

Further submissions received by the committee (presented to the President on 12 August 2010, 4.03 pm).

15. Legal and Constitutional Affairs Legislation Committee––Report, together with a submission received by the committee Military Court of Australia Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

16. Legal and Constitutional Affairs Legislation Committee––Report––Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 2.59 pm).

17. Legal and Constitutional Affairs Legislation Committee––Migration Amendment (Visa Capping) Bill 2010 [Provisions]––

Report (presented to the Deputy President on 26 July 2010, 11.25 am CST).

Submissions received by the committee (presented to the President on 28 July 2010, 3.46 pm).

Further submissions received by the committee (presented to the President on 12 August 2010, 4.03 pm).

18. Education, Employment and Workplace Relations Legislation Committee––Interim report––Education Services for Overseas Students Legislation Amendment Bill 2010 [Provisions] (presented to the President on 27 July 2010, 10.24 am).

19. Education, Employment and Workplace Relations References Committee––Interim report––Administration and reporting of NAPLAN testing (presented to the President on 27 July 2010, 10.24 am).

20. Select Committee on Fuel and Energy––Second interim report, together with the Hansard record of proceedings and documents presented to the committee––The mining tax: Still bad for the economy––Still bad for jobs (presented to temporary chair of committee, Senator Moore, on 30 July 2010, 8.46 am).

21. Environment, Communications and the Arts References Committee––Sustainable management by the Commonwealth of water resources––

Interim report (presented to temporary chair of committees, Senator Moore, on 30 July 2010, 10.01 am).

Hansard record of proceedings and documents presented to the committee (presented to temporary chair of committees, Senator Forshaw, on 17 September 2010, 11.25 am).

22. Rural and Regional Affairs and Transport References Committee––Interim report––Biosecurity for Chinese apples and the Australia - US cherry trade (presented to temporary chair of committees, Senator Moore, on 30 July 2010, 4.15 pm).

23. Environment, Communications and the Arts Legislation Committee––Report, together with submissions received by the committee––Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009 (presented to the President on 6 August 2010, 2.30 pm).

24. Environment, Communications and the Arts Legislation Committee––Water (Crisis Powers and Floodwater Diversion) Bill 2010––

Report, together with the Hansard record of proceedings and documents presented to the committee (presented to the President on 6 August 2010, 2.30 pm).

Additional information (presented to temporary chair of committees, Senator Forshaw, on 17 September 2010, 11.25 am).

25. Environment, Communications and the Arts References Committee––Administration and effectiveness of the Green Loans Program––

Interim report–– (presented to the President on 6 August 2010, 2.30 pm).

Hansard record of proceedings and documents presented to the committee (presented to temporary chair of committees, Senator Forshaw, on 17 September 2010, 11.25 am).

26. Select Committee on Agricultural and Related Industries––Report, together with the Hansard record of proceedings and documents presented to the committee––The incidence and severity of bushfires across Australia (presented to the President on 13 August 2010, 11.34 am).

27. Economics Legislation Committee––Tax Laws Amendment (Public Benefit Test) Bill 2010––

Interim report (presented to the President on 16 August 2010, 1.46 pm).

Final report, together with the Hansard record of proceedings and documents presented to the committee (presented to temporary chair of committees, Senator Forshaw, on 7 September 2010, 3.12 pm).

28. Economics Legislation Committee––Report, together with documents presented to the committee––Banking Amendment (Delivering Essential Financial Services for the Community) Bill 2010 (presented to the President on 16 August 2010, 1.46 pm).

29. Economics Legislation Committee––Report, together with documents presented to the committee––Federal Financial Relations Amendment (National Health and Hospitals Network) Bill 2010 [Provisions] (presented to the President on 16 August 2010, 1.46 pm).

30. Economics References Committee––

Interim report––Role of liquidators and administrators in Australia (presented to the President on 16 August 2010, 1.46 pm).

Final report, together with the Hansard record of proceedings and documents presented to the committee––The regulation, registration and remuneration of insolvency practitioners in Australia: the case for a new framework (presented to temporary chair of committees, Senator Moore, on 14 September 20010, 11.30 am).

31. Finance and Public Administration Legislation Committee––Interim report, together with submissions received by the committee––Parliamentary Budget Office Bill 2010 (presented to the President on 17 August 2010, 3.58 pm).

32. Finance and Public Administration References Committee––Interim report––Reform of Australian Government administration (presented to the President on 17 August 2010, 3.58 pm).

33. Foreign Affairs, Defence and Trade Legislation Committee––Report, together with a submission received by the committee––Australian Civilian Corps Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 10.12 am).

34. Foreign Affairs, Defence and Trade Legislation Committee––Report, together with submissions received by the committee––Autonomous Sanctions Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 10.13 am).

35. Foreign Affairs, Defence and Trade Legislation Committee––Report, together with submissions received by the committee––Defence Legislation Amendment (Security of Defence Premises) Bill 2010 (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 10.13 am).

36. Foreign Affairs, Defence and Trade References Committee––Interim report––Australia’s administration and management of the Torres Strait (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 10.13 am).

37. Foreign Affairs, Defence and Trade References Committee––Interim report––Equity and diversity health checks in the Royal Australian Navy (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 10.13 am).

38. Select Committee on Agricultural and Related Industries––Final report, together with the Hansard record of proceedings and documents presented to the committee––Food production in Australia (presented to temporary chair of committees, Senator Troeth, on 23 August 2010, 4.46 pm).

39. Community Affairs Legislation Committee––Report, together with submissions received by the committee––National Health and Hospitals Network Bill 2010 [Provisions] (presented to the President on 24 August 2010, 11.10 am).

40. Rural and Regional Affairs and Transport Legislation Committee––Report, together with submissions received by the committee––Airports Amendment Bill 2010 [Provisions] (presented to the President on 24 August 2010, 11.40 am).

41. Community Affairs Legislation Committee––Report, together with submissions received by the committee––Food Standards Amendment (Truth in Labelling—Palm Oil) Bill 2009 (presented to the President on 26 August 2010, 11.23 am).

42. Community Affairs Legislation Committee––Report, together with submissions received by the committee––National Health Amendment (Pharmaceutical Benefits Scheme) Bill 2010 [Provisions] (presented to the President on 26 August 2010, 11.23 am).

43. Community Affairs Legislation Committee––Report, together with submissions received by the committee––Plain Tobacco Packaging (Removing Branding from Cigarette Packs) Bill 2009 (presented to the President on 26 August 2010, 11.23 am).

44. Community Affairs Legislation Committee––Report––Poker Machine (Reduced Losses—Interim Measures) Bill 2009 (presented to the President on 26 August 2010, 11.23 am).

45. Community Affairs Legislation Committee––Report, together with submissions received by the committee––Responsible Takeaway Alcohol Hours Bill 2010 (presented to the President on 26 August 2010, 11.23 am).

46. Community Affairs References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Impact of gene patents on the provision of healthcare in Australia (presented to the President on 26 August 2010, 11.23 am).

47. Community Affairs References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––New therapeutic groups under the Pharmaceutical Benefits Scheme (presented to the President on 26 August 2010, 11.23 am).

48. Select Committee on Fuel and Energy––Final report, together with the Hansard record of proceedings and documents presented to the committee (presented to the President on 30 August 2010, 12.12 pm).

49. Rural and Regional Affairs and Transport References Committee––Report, together with submissions received by the committee––Australian horse industry and an emergency animal disease response agreement (presented to the President on 30 August 2010, 1.34 pm).

50. Community Affairs References Committee––Report, together with submissions received by the committee––Planning options and services for people ageing with a disability (presented to the President on 2 September 2010, 11.09 am).

51. Community Affairs References Committee––Report, together with submissions received by the committee––Prevalence of interactive and online gambling in Australia (presented to the President on 2 September 2010, 11.09 am).

52. Standing Committee of Privileges––Report––Adequacy of advice contained in the Government guidelines for official witnesses before parliamentary committees and related matters (presented to the President on 2 September 2010, 2.39 pm).

53. Education, Employment and Workplace Relations References Committee––Interim report––Industry Skills Councils (presented to the Deputy President on 13 September 2010, 2.50 pm CST).

54. Select Committee on Regional and Remote Indigenous Communities––Final (fifth) report, together with a submission received by the committee (presented to temporary chair of committees, Senator Trood, on 24 September 2010, 10.50 am).

Government responses to parliamentary committee reports

1. Joint Standing Committee on Foreign Affairs, Defence and Trade––Report––Review of the Defence annual report 2007-08 (presented to temporary chair of committees, Senator Ludlam, on 16 July 2010, 4.10 pm).

2. Legal and Constitutional Affairs Legislation Committee––Report––Personal Property Securities (Corporations and Other Amendments) Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Moore, on 19 July 2010, 4.15 pm).

3. Legal and Constitutional Affairs References Committee––Access to justice (presented to temporary chair of committees, Senator Moore, on 19 July 2010, 4.15 pm).

Ministerial statement

Minister for Climate Change, Energy Efficiency and Water (Senator Wong)––Green Loans Program, together with the following documents:

  • Independent inquiry––Green Loans Program: Review of procurement processes and contractual arrangements
  • Review of the Green Loans Program––Final report prepared by Resolution Consulting Services
  • Internal audit review of the procurement practices in the Green Loans Program, prepared by protiviti
  • Department of Climate Change and Energy Efficiency’s response to the Hawke report on the Home Insulation Program and the Faulkner inquiry into the Green Loans Program (presented to temporary chair of committees, Senator Cash, on 8 July 2010, 2.02 pm WA time).

Government documents

1. Sydney Airport Demand Management Act 1997––Quarterly report on the maximum movement limit for Sydney airport for the period 1 January to 31 March 2010 (presented to the President on 15 July 2010, 10.29 am).

2. Australian Federal Police––Ministerial direction––Government’s expectations and priorities for the AFP (presented to the Deputy President on 5 August 2010, 11.20 am CST).

3. Australian River Co. Limited––Report for 1 December 2008 to 30 November 2009 (presented to temporary chair of committees, Senator Hutchins, on 20 August 2010, 9.12 am).

4. Crimes Act 1914––Authorisations for the acquisition and use of assumed identities––Report for 2009-10 (presented to the Deputy President on 13 September 2010, 2.50 pm CST).

5. Crimes Act 1914––Further independent review of Part 1D: DNA forensic procedures (presented to temporary chair of committees, Senator Trood, on 23 September 2010, 10.29 am).

6. Witness Protection Act 1994––Report for 2009-10 on the operation of the National Witness Protection Program (presented to temporary chair of committees, Senator Trood, on 23 September 2010, 10.29 am).

Reports of the Auditor-General

1. Report no. 1 of 2010-11––Performance audit––Implementation of the Family Relationship Centres initiative: Attorney-General’s Department and the Department of Families, Housing, Community Services and Indigenous Affairs (presented to the President on 15 July 2010, 9.40 am).

2. Report no. 2 of 2010-11––Performance audit––Conduct by Infrastructure Australia of the first national infrastructure audit and development of the infrastructure priority list: Infrastructure Australia (presented to temporary chair of committees, Senator Carol Brown, on 23 July 2010, 10.55 am).

3. Report no. 3 of 2010-11––Performance audit––Establishment, implementation and administration of the strategic projects component of the Regional and Local Community Infrastructure Program: Department of Infrastructure, Transport, Regional Development and Local Government (presented to the President on 27 July 2010, 9.45 am).

4. Report no. 4 of 2010-11––Performance audit––National Security Hotline: Australian Security Intelligence Organisation, Attorney-General’s Department, Australian Federal Police (presented to temporary chair of committees, Senator Trood, on 28 July 2010, 10.40 am).

5. Report no. 5 of 2010-11––Performance audit––Practice Incentives Program: Department of Health and Ageing, Medicare Australia (presented to the Deputy President on 15 September 2010, 11.25 am CST).

6. Report no. 6 of 2010-11––Performance audit––The Tax Office’s implementation of the Client Contact – Work Management – Case Management System (presented to temporary chair of committees, Senator Ryan, on 21 September 2010, 10.07 am).

7. Report no. 7 of 2010-11––Performance audit––Confidentiality in Government contracts: Senate order for departmental and agency contracts (calendar year 2009 compliance) (presented to temporary chair of committees, Senator Ludlam, on 22 September 2010, 11 am).

8. Report no. 8 of 2010-11––Performance audit––Multifunctional Aboriginal Children’s Services and Creches: Department of Education, Employment and Workplace Relations (presented to temporary chair of committees, Senator Trood, on 23 September 2010, 10.29 am).

Tabling of guidelines pursuant to an Act

Returns to order

Statements of compliance with Senate orders

Indexed lists of departmental and agency files (continuing order of the Senate of 30 May 1996, as amended on 3 December 1998):

  • Australian Institute of Family Studies (presented to temporary chair of committees, Senator Ryan, on 7 September 2010, 5.04 pm).
  • Department of the Prime Minister and Cabinet [together with a 100 page attachment] (presented to the Deputy President on 13 September 2010, 2.50 pm CST).
  • Agriculture, Fisheries and Forestry portfolio agencies (presented to the Deputy President on 13 September 2010, 2.50 pm CST).
  • Innovation, Industry, Science and Research portfolio agencies [together with a 15 page attachment] (presented to temporary chair of committees, Senator Troeth, on 16 September 2010, 4.08 pm).
  • Health and Ageing portfolio agencies (presented to temporary chair of committees, Senator Trood, on 23 September 2010, 10.29 am).
  • Austrade (presented to temporary chair of committees, Senator Trood, on 23 September 2010, 4.32 pm).

Lists of contracts (continuing order of the Senate of 20 June 2001, as amended on 27 September 2001 and 18 June, 26 June and 4 December 2003):

  • Department of Families, Housing, Community Services and Indigenous Affairs portfolio agencies (presented to the President on 19 August 2010, 1.42 pm).
  • Finance and Deregulation portfolio agencies (presented to the President on 30 August 2010, 2.18 pm).
  • Prime Minister and Cabinet portfolio agencies (presented to the President on 30 August 2010, 3.08 pm).
  • Treasury portfolio agencies [4] (presented to the President on 31 August 2010, 3.10 pm and 3.55 pm; and presented to the President on 2 September 2010, 10.27 am (x2)).
  • Broadband, Communications and the Digital Economy portfolio agencies (presented to the President on 31 August 2010, 3.10 pm).
  • Environment, Heritage, Water and the Arts portfolio agencies (presented to the President on 2 September 2010, 4.29 pm).
  • Agriculture, Fisheries and Forestry portfolio agencies (presented to the Deputy President on 13 September 2010, 2.50 pm CST).
  • Infrastructure, Transport, Regional Development and Local Government portfolio agencies (presented to the Deputy President on 15 September 2010, 11.25 am CST).
  • Innovation, Industry, Science and Research portfolio agencies (presented to the Deputy President on 15 September 2010, 11.25 am CST).

List of departmental and agency appointments/vacancies (continuing order of the Senate of 24 June 2008, as amended):

  • Resources, Energy and Tourism portfolio agencies (presented to temporary chair of committees, Senator Troeth, on 30 June 2010, 2.17 pm).

List of departmental and agency grants (continuing order of the Senate of 24 June 2008):

  • Resources, Energy and Tourism portfolio agencies (presented to temporary chair of committees, Senator Crossin, on 30 June 2010, 1.32 pm CST).

In accordance with the usual practice and with the concurrence of the Senate, the government responses will be incorporated in Hansard.

The documents read as follows—

Joint Standing Committee on Foreign Affairs, Defence and Trade

Report into the Defence Annual Report 2007-08

Government Response

July 2010

Recommendation 1

The Committee recommends that, in the absence of a clear strategic case for high-risk first-of-type acquisitions, military off-the-shelf purchases should be the default option for procurement projects.

This recommendation does not necessarily relate to any particular acquisitions currently under consideration but rather represents a broader statement of policy reflecting on issues relating to past acquisition programs.

Government Response

Agreed in principle.

The Defence White Paper 2009 states at para 16.17 that the “Government has decided that military-off-the-shelf and commercial-off-the-shelf solutions to Defence’s capability requirements will be the benchmark against which a rigorous cost-benefit analysis of the military effects and schedule aspects of all proposals will be undertaken. Such an approach is consistent with the Defence Procurement and Sustainment Review.”

The Government’s response to the Defence Procurement and Sustainment Review (the Mortimer Review) stated that off-the-shelf (OTS) options will be considered as an option for all procurements. Defence will provide Government with clear information on the costs and benefits of OTS options for all procurements.

The Department of the Prime Minister and Cabinet updated its Cabinet Handbook in July 2009. The associated Drafter’s Guide – Preparation of Cabinet Submissions and Memoranda states, “The options must include at least one off-the-shelf option, where such an option exists, and where it is judged not to exist, this must be explained in the first-pass approval submission.”

Defence is fully implementing these requirements.

In summary, where an off-the-shelf option does exist, it will be presented for Government consideration and will be the benchmark against which a rigorous cost benefit analysis of the military effects and schedule aspects of all proposals will be undertaken; and when an off-the-shelf option is judged not to exist, this will be explained in the first-pass submission to Government.

Recommendation 2

The Committee recommends that the Department of Defence review its current procedures for rapid acquisition to ensure that it is meeting the ADF’s needs, particularly where they are linked directly to overseas operational commitments.

Government Response

Agreed.

Defence has a robust and flexible rapid acquisition policy in support of operations. This policy and its processes were re-issued in February 2008, and are subject to regular review to ensure they meet the Australian Defence Force’s requirements. The policy and procedures are currently being reviewed by the Defence Logistics Working Group. All acquisitions follow a rigorous and responsive process where the customer is engaged at all stages. The Defence Materiel Organisation also reports its progress every six months to the Chief of the Defence Force, the Service Chiefs and other key staff.

The purchase of capital equipment by rapid acquisition, which by-passes the usual two pass approval process, is used where an unforeseen operational capability is urgently required by the ADF for current operations. The Government may provide additional funding to Defence, in cases of exceptional circumstances, where such a capability is required as a result of major operational or strategic discontinuities or in cases of exceptional and unanticipated operational contingencies. Defence will bring forward any such requests on a case-by-case basis for Government consideration in accordance with the standard approval thresholds for major capital equipment. For instance, National Security Committee or Prime Ministerial agreement is required for acquisitions over $100 million. The Government decides on a case-by-case basis whether supplementation will be provided or Defence will absorb the cost of rapid acquisition proposals. Generally speaking the Defence Capability Plan is the source of funding for meeting Defence’s major capital equipment needs, both current and future, particularly where there is an ongoing utility past the immediate requirement associated with the equipment being procured.

Recommendation 3

The Committee recommends that Defence places a high priority on developing a solution to the difficulties that it, and KPMG, has identified with the current pay systems.

Government Response

Agreed.

Defence does not have a modern, integrated human resource and pay system for its total workforce. The current separate systems – PMKeyS, ADFPAY and CENRESPAYII – feature old technology and vendor support is expensive and problematic.

These systems represent a significant busines

5:35 pm

Photo of Anne McEwenAnne McEwen (SA, Australian Labor Party) Share this | | Hansard source

I move:

That the committee reports be printed in accordance with the usual practice.

Question agreed to.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

by leave—I move:

That consideration of documents tabled today be listed on the Notice Paper as orders of the day

Question agreed to.

For the information of senators, I present an election petition of the Court of Disputed Returns in respect of the matter of Hawkins v Abetz. I present the following documents:

Supplement to the 12th edition of Odgers’ Australian Senate Practice—Updates to 30 June 2010

Business of the Senate: 1 January to 30 June 2010

Questions on Notice summary: 12 February 2008 to 19 July 2010

Work of Committees: Financial year statistics 2009-10; and Half-year statistics: 1 January to 30 June 2010

I present a letter from the then Minister for Finance and Deregulation, Mr Tanner, relating to the ordinary annual services of government.