Senate debates

Wednesday, 9 February 2011

Documents

Tabling

Photo of Trish CrossinTrish Crossin (NT, Australian Labor Party) Share this | | Hansard source

Pursuant to standing orders 38 and 166, I present documents as listed below which were presented to the President, the Deputy President and Temporary Chairs 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—

Documents certified by the President

1.
Department of the Senate––Register of Senate senior executive officers’ interests incorporating notifications of alterations of interests of Senate senior executive officers lodged between 22 June and 13 December 2010 (received 15 December 2010, 8.25 am AEST).
2.
Correspondence from the Australian Information Commissioner (Professor McMillan) to Clerk of the Senate––Order for the production of documents––Proposed variation to the GST Agreement (received 23 December 2010, 9.18 am AEST).
3.
Correspondence from the Australian Information Commissioner (Professor McMillan)––Orders for the production of documents (received 3 February 2011, 1.16 pm AEST).

Committee reports

1.
Legal and Constitutional Affairs Legislation Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010 [Provisions] (presented to the President on 26 November 2010, 3.48 pm).
2.
Education, Employment and Workplace Relations References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Administration and reporting of NAPLAN testing (presented to the President on 26 November 2010, 3.48 pm).
3.
Community Affairs References Committee––Report––Gene patents (presented to the President on 26 November 2010, 3.48 pm).
4.
Foreign Affairs, Defence and Trade References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––The Torres Strait: Bridge and Border (presented to the President on 26 November 2010, 3.48 pm).
5.
Rural Affairs and Transport References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Australian horse industry and an emergency animal disease response agreement (presented to the President on 26 November 2010, 3.48 pm).
6.
Legal and Constitutional Affairs Legislation Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Civil Dispute Resolution Bill 2010 [Provisions] (presented to temporary chair of committees, Senator Bishop, on 2 December 2010, 12.25 pm WA time).
7.
Joint Standing Committee on Treaties––114th report––Treaties referred on 16 November 2010 (Part 1) (presented to temporary chair of committees, Senator Moore, on 3 December 2010, 9.50 am Qld time).
8.
Economics References Committee––Interim report––Decision of the Australian Competition and Consumer Commission on the proposed acquisition of Franklins by Metcash Trading Limited (presented to temporary chair of committees, Senator Barnett, on 6 December 2010, 12.05 pm).
9.
Legal and Constitutional Affairs References Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Review of Government compensation payments (presented to temporary chair of committees, Senator McGauran, on 6 December 2010, 5.18 pm).
10.
Legal and Constitutional Affairs Legislation Committee––Human Rights (Parliamentary Scrutiny) Bill 2010 and a related bill [Provisions]––
Interim report––(presented to the President on 7 December 2010, 10.
06 am AEST).
Final report, together with the Hansard record of proceedings and documents presented to the committee (presented to temporary chair of committees, Senator Kroger, on 28January 2011, 4.
49 pm).
11.
Standing Committee of Senators’ Interests––Report––Register of senators’ interests incorporating statements of registrable interests and notifications of alterations of interests lodged between 22 June and 13 December 2010 (presented to the President on 15 December 2010, 8.25 am AEST).

Government responses to parliamentary committee reports

1.
Standing Committee on Community Affairs––Report––Funding and operation of the Commonwealth State/Territory Disability Agreement (presented to temporary chair of committees, Senator Moore, on 21 December 2010, 9.45 am Qld time).
2.
Community Affairs References Committee––Report––Suicide in Australia––Replacement government response of document tabled in the Senate on 24 November 2010 (presented to the President on 22 December 2010, 3.10 pm AEST).
3.
Environment, Communications and the Arts References Committee––Report––Australia Post’s treatment of injured and ill workers (presented to the President on 22 December 2010, 3.10 pm AEST).
4.
Economics References Committee––Report––Employee share schemes (presented to the President on 7 February 2011, 2.09 pm).

Ministerial statement

Government documents

1.
National Residue Survey––Report for 2009-10 (presented to temporary chair of committees, Senator Ludlam, on 30 November 2010, 11.05 am WA time).
2.
Fisheries Research and Development Corporation (FRDC)––Report for 2009-10 (presented to temporary chair of committees, Senator Bishop, on 1 December 2010, 1.55 pm).
3.
Sugar Research and Development Corporation––Report for 2009-10 (presented to temporary chair of committees, Senator Bishop, on 1 December 2010, 1.55 pm).
4.
Gene Technology Regulator––Quarterly reports––
  • for the period 1 April to 30 June 2010 (presented to the Deputy President on 2 December 2010, 11.05 am CDST).
  • for the period 1 July to 30 September 2010 (presented to temporary chair of committees, Senator Troeth, on 24 January 2011, 10.22 am).
5.
Department of Broadband, Communications and the Digital Economy––Investigation into access to electronic media for the hearing and vision-impaired: Media access review final report (presented to temporary chair of committees, Senator Moore, on 3 December 2010, 9.35 am Qld time).
6.
Australian Communications and Media Authority––Communications Report 2009-10 (presented to temporary chair of committees, Senator Crossin, on 9 December 2010, 2.55pm CST).
7.
Australian Agency for International Development (AusAID)––Office of Development Effectiveness––Annual review of development effectiveness 2009 (presented to the President on 10 December 2010, 10.07 am AEST).
8.
Coal Mining Industry (Long Service Leave Funding) Corporation––Report for 2009-10 (presented to temporary chair of committees, Senator Troeth, on 14 December 2010, 11.48 am).
9.
Department of Finance and Deregulation––Consolidated financial statements for the year ended 30 June 2010 (presented to temporary chair of committees, Senator Troeth, on 14 December 2010, 3.19 pm).
10.
Australian Landcare Council––Report for 2009-10 (presented to the President on 15 December 2010, 2.43 pm AEST).
11.
Northern Land Council––Report for 2009-10 (presented to the President on 16 December 2010, 9.17 am AEST).
12.
Broadcasting Services Act 1992––Sport on television: A review of the anti-siphoning scheme in the contemporary digital environment (presented to the President on 20 December 2010, 9.20 am AEST).
13.
Freedom of Information Act 1982––Report for 2009-10 on the operation of the Act (presented to the President on 20 December 2010, 1.50 pm AEST).
14.
Equal Opportunity for Women in the Workplace Agency (EOWA)––Report for 2009-10 (presented to the President on 21 December 2010, 1.12 pm AEST).
15.
National Health and Medical Research Council (NHMRC)––NHMRC Licensing Committee––Report on the operation of the Research Involving Human Embryos Act 2002 for the period 1 March to 31 August 2010 (presented to the President on 21 December 2010, 1.12 pm AEST).
16.
National Rural Advisory Council (NRAC)––Report for 2009-10 (presented to the President on 21 December 2010, 2.28 pm AEST).
17.
Australian Centre for Renewable Energy Board––Report for 2009-10 (presented to the Deputy President on 13 January 2011, 10.45 am CDST).
18.
Australian Health Practitioner Regulation Agency (AHPRA)––Report for 2009-10 (presented to temporary chair of committees, Senator Crossin, on 17 January 2011, 9.10 am CST).
19.
Commonwealth Electoral Act 1918––2010 redistribution of Victoria into electoral divisions (presented to temporary chair of committees, Senator Crossin, on 17 January 2011, 9.32 am CST).
20.
Interactive Gambling Act 2001––Reports for 2007, 2008, 2009 and 2010 on the operation of the prohibition on interactive gambling advertisements (presented to temporary chair of committees, Senator Crossin, on 19 January 2011, 9.02 am CST).
21.
Department of Finance and Deregulation––Certificate of compliance––Report for 2009-10 (presented to temporary chair of committees, Senator Troeth, on 20 January 2011, 10.21 am).
22.
Australia and the International Financial Institutions––Report for 2008-09 (presented to temporary chair of committees, Senator Barnett, on 25 January 2011, 11.48 am).
23.
Centrelink and the Data-Matching Agency––Data-matching program––
  • Report on progress 2007-08
  • Report on progress 2008-09

(presented to temporary chair of committees, Senator Kroger, on 27 January 2011, 11.50 am).

24.   Tax expenditures statement 2010, January 2011 (presented to temporary chair of committees, Senator Kroger, on 28 January 2011, 2.54 pm).
25.   Private Health Insurance Administration Council––Operations of the Private Health Insurers—Report for 2009-10 (presented to temporary chair of committees, Senator McGauran, on 1 February 2011, 10.10 am).
26.   Privacy Act 1988––Privacy reforms: Credit reporting––Exposure draft and companion guide (presented to temporary chair of committees, Senator McGauran, on 1 February 2011, 12.30 pm).
27.   Montara Commission of Inquiry––Review of PTTEP Australasia’s response to the Montara blowout––Report by Noetic Solutions Pty Limited for the Department of Energy, Resources and Tourism, together with a ministerial statement on the report of the independent review of the PTTEP Australasia (Ashmore-Cartier) Pty Ltd Montara Action Plan (presented to temporary chair of committees, Senator Fisher, on 4 February 2011, 1.10 pm CST).

Reports of the Auditor-General

1.
Report no.17 of 2010-11––Assurance audit––2009-10 major projects report: Defence Materiel Organisation (presented to temporary chair of committees, Senator Ludlam, on 30 November 2010, 11.05 am WA time).
2.
Report no. 18 of 2010-11––Performance audit––Government Business Managers in aboriginal communities under the Northern Territory Emergency Response: Department of Families, Housing, Community Services and Indigenous Affairs (presented to temporary chair of committees, Senator Forshaw, on 8 December 2010, 11.10 am).
3.
Report no. 19 of 2010-11––Performance audit––Army Aboriginal Community Assistance Program: Department of Families, Housing, Community Services and Indigenous Affairs (presented to the Deputy President on 9 December 2010, 11.10 am CDST).
4.
Report no. 20 of 2010-11––Performance audit––Administration of the wine equalisation tax: Australian Taxation Office (presented to temporary chair of committees, Senator Troeth, on 14 December 2010, 3.19 pm).
5.
Report no. 21 of 2010-11––Performance audit––Indigenous housing initiatives: the fixing houses for better health program: Department of Families, Housing, Community Services and Indigenous Affairs (presented to the President on 15 December 2010, 8.25 am AEST).
6.
Report no. 22 of 2010-11––Financial statement audit––Audits of the financial statements of Australian Government entities for the period ended 30 June 2010 (presented to the President on 16 December 2010, 9.05 am AEST).
7.
Report no. 23 of 2010-11––Performance audit––Home ownership on Indigenous land program: Department of Families, Housing, Community Services and Indigenous Affairs; Indigenous Business Australia (presented to temporary chair of committees, Senator Moore, on 21 December 2010, 9.40 am Qld time).
8.
Report no. 24 of 2010-11––Performance audit––Design and administration of the Better Regions Program: Department of Regional Australia, Regional Development and Local Government (presented to temporary chair of committees, Senator Kroger, on 27 January 2011, 11 am).
9.
Report no. 25 of 2010-11––Performance audit––Administration of the Trade Training Centres in Schools Program: Department of Education, Employment and Workplace Relations (presented to temporary chair of committees, Senator Troeth, on 2 February 2011, 11.33 am).

Tabling of guidelines pursuant to an Act

Returns to order

1.
Health––GST Agreement––Proposed variation (motion of Senator Cormann agreed to 23 November 2010)––Statement (presented to temporary chair of committees, Senator Barnett, on 6 December 2010, 12.05 pm).
2.
Environment––Home Insulation Safety Program (motion of Senator Birmingham agreed to 24 November 2010)––Statement (presented to temporary chair of committees, Senator Barnett, on 6 December 2010, 12.05 pm).
3.
Administration––Department of Education, Employment and Workplace Relations (motion of Senator Mason agreed to 24 November 2010)––
  • Statements (presented to the President on 13 December 2010, 9.32 am AEST and presented to temporary chair of committees, Senator Troeth, on 14 December 2010, 4.43 pm).
  • Documents (presented to the President on 16 December 2010, 3.09 pm AEST).

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

Ordered that the committee reports be printed.

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

The document read as follows—

COMMONWEALTH GOVERNMENT RESPONSE TO THE REPORT AND RECOMMENDATIONS OF THE SENATE STANDING COMMITTEE ON COMMUNITY AFFAIRS INQUIRY FUNDING AND OPERATION OF THE COMMONWEALTH STATE TERRITORY

DISABILITY AGREEMENT (CSTDA)

MINISTER FOR FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

November 2010

INTRODUCTION

The Commonwealth State Territory Disability Agreement (CSTDA) provided a national framework for the delivery, funding and development of specialist disability services for people with disability.

Under the previous three Agreements all parties were responsible for funding specialist services for people with disability:

  • The Commonwealth Government had responsibility for the planning, policy setting and management of specialised employment assistance
  • State and Territory governments had similar responsibilities for accommodation support, community support, community access and respite, and
  • Support for advocacy and print disability was a shared responsibility between the Commonwealth Government and State and Territory governments.

Intergovernmental Agreement for Federal Financial Relations

The Council of Australian Governments (COAG) reaffirmed its commitment to cooperative working arrangements through an Intergovernmental Agreement (IGA) which provides an overarching framework for the Commonwealth’s financial relations with the States and Territories. The IGA represents the most significant reform of Australia’s federal financial relations in decades. It is aimed at improving the quality and effectiveness of government services by reducing Commonwealth prescriptions on service delivery by the States, providing them with increased flexibility in the way they deliver services to the Australian people.

In addition, the reform provides a clearer specification of roles and responsibilities of each level of government and an improved focus on accountability for better outcomes and better service delivery. This is accompanied by a major rationalisation of the number of payments to the State and Territory governments through Specific Purpose Payments (SPPs), reducing the number of such payments from over 90 to five.

The new arrangements commenced on 1 January 2009 and superseded all previous agreements, including the CSTDA. All aspects will be actively monitored through COAG. The National Disability Agreement (NDA) and Disability Services SPP are both covered by schedules to the IGA.

National Disability Agreement

The main differences under the new financial framework that impact the new NDA are:

  • The NDA is based on agreed outcomes and objectives as determined by all Australian governments and does not specify input controls, which provides greater flexibility for State and Territory governments to implement solutions that will meet the agreed outcomes for people with disability.
  • The NDA does not specify funding amounts. Funding from the Commonwealth is provided through a separate Disability Services SPP to contribute to the States and Territories efforts to achievement of outcomes under the agreement.
  • Delivery of funding through the Disability Services SPP is now the responsibility of the Commonwealth Government Treasury.
  • Under the NDA the Commonwealth Government is responsible for the provision of employment services and income support, the State and Territory governments are responsible for the provision of other specialist disability services.
  • The NDA is an ongoing living document and does not specify an end date. The NDA is subject to periodic performance and funding reviews to examine funding levels and the relevance of the agreed objectives, outcomes and outputs.

Summary of government response

The Commonwealth Government has implemented, or is implementing, a number of reforms which were developed in response to the Community Affairs Senate Committee Inquiry. These include:

  • Bringing $962 million in funding for disability services, which was outside the CSTDA, into the National Disability Agreement and providing it to the States and Territories on a dollar for dollar matching basis.
  • Providing $100 million in capital funding to the States and Territories to deliver over 300 new supported accommodation places for people with disability with ageing carers;
  • Providing $60 million over three years from 2011 to community based organisations to deliver up to 150 additional supported accommodation places;
  • Developing and implementing a new NDA with State and Territory governments.
  • Identifying priority areas in the NDA for reform of the disability service system. Reform priorities include:

Better measurement of current and future need for disability services.

The development of a national population benchmark framework for disability services. Making older carers a priority for NDA funded disability services.

The development of a National Disability Quality Framework with a National Quality Assurance system to enable a consistent approach to quality assurance and the continuous improvement of disability services.

The provision of a person-centred approach to service delivery and simplified access to services.

An increased focus on early intervention and prevention strategies to ensure clients receive timely and appropriate support.

The development of a national workforce strategy to address qualifications, training and cross sector career mapping issues to establish the disability sector as an industry of choice.

Improving Indigenous access to disability services.
More consistent access to Aids and Equipment.

—————

1The Commonwealth Government has released a draft of the National Disability Strategy (NDS) and is committed to taking the strategy to COAG for national endorsement. A copy of the draft NDS can be found at:

http://www.alp.org.au/agenda/more policies/draft-national-disability-strategy/

Structure of the response

Where a recommendation has a number of parts that need to be responded to separately, these have been numbered for ease of reference.

RECOMMENDATION 1

That State and Territory governments provide a specific service that assists people with disability transferring between jurisdictions to negotiate programs and services to achieve a comparable level of support.

AGREED-IN-PRINCIPLE

Although portability of support for people with disability is principally a State and Territory issue, the Commonwealth Government continues to be a strong advocate through Commonwealth-State forums and supports the principle of interstate portability of disability services and work undertaken by states and territories to achieve improvements in this area.

Under the National Disability Agreement (NDA) jurisdictions have agreed to concentrate efforts in several priority areas to achieve the outcomes of the agreement and reform of the disability service system. Under the “Improved Access to Disability Care” priority, jurisdictions will look at systems to improve access to disability care, and ensure people are referred to the most appropriate disability service and supports. This includes consideration of single access points and nationally consistent assessment processes in line with nationally agreed principles. This work will help to ensure that people moving between jurisdictions receive a comparable level of support.

Under the “Access to Aids and Equipment” reform priority of the NDA, jurisdictions have agreed to more consistent access to aids and equipment by the end of 2012.

The Interstate Portability Protocol has been agreed to by all Disability Ministers and was developed in the context of the third Commonwealth State Territory Disability Agreement but was not part of that Agreement. It facilitates access to service systems for people with disability seeking to move interstate.

The Protocol is currently being reviewed by the Disability Policy and Research Working Group (DPRWG) of the Community and Disability Services Ministers Advisory Council (CDSMAC).

RECOMMENDATION 2

That the next CSTDA clearly recognise the complex and interacting needs of, and specialist services required by, people with dual and multiple diagnosis, and people with acquired brain injury.

AGREED-IN-PRINCIPLE

The Commonwealth Government acknowledges the importance of recognising the complex and interacting needs and specialist services required by all people with disability, including people with dual and multiple diagnoses and people with acquired brain injury.

The National Disability Agreement (NDA) includes Commonwealth, State and Territory government agreement to reform the disability service system and create a system which enhances the social and economic participation for people with disability. This includes the need to identify, plan and respond to the development and support needs for people with disability at an early stage and at key life transition points, to ensure services are person-centred and provide timely access to supports based on assessed needs. Over time this will mean that service delivery will change to meet the needs of a person with disability.

The Commonwealth, State and Territory governments are in the process of developing a National Disability Strategy under the auspices of the Council of Australian Governments. The Strategy will drive future reforms in both mainstream systems and disability services for people with disability including those with complex needs and multiple disadvantages. As part of the National Disability Strategy, the Commonwealth Government has commissioned an Inquiry into a long-term care and support scheme for people with disability in Australia. It will examine a social insurance model on a no-fault basis, reflecting the shared risk of disability across the population, as well as other options that provide incentives to focus on early intervention. While Australia’s social security and universal health care systems provide an entitlement to services based on need, there is currently no equivalent entitlement to disability care and support services. The Commission has been asked to report to the Commonwealth Government by July 2011.

RECOMMENDATION 3

3.1 That the next CSTDA should include – A whole-of-government, whole-of-life approach to services for people with disabilities.

AGREED

Through the National Disability Agreement, the Commonwealth, State and Territory governments have agreed to concentrate national efforts of reforms in several key priority areas to focus on providing person centred approaches to service delivery and simplifying access to specialist disability services. The reforms will mean: a system comprising single access points; nationally consistent assessment processes and quality assurance systems; and more consistent access to disability aids and equipment. Service providers will be better able to develop, train and employ care workers; and governments will work together to better measure the level of unmet demand for disability services. The reform areas include:

  • Better Measurement of Need
  • Population Benchmarking for Disability Services
  • Making Older Carers a Priority
  • Quality Improvement Systems based on Disability Standards
  • Service Planning and Strategies to Simplify Access
  • Early Intervention and Prevention, Lifelong Planning and Increasing Independence and Social Participation Strategies
  • Increased Workforce Capacity
  • Increased Access for Indigenous Australians
  • Access to Aids and Equipment
  • Improved Access to Disability Care.

A specific reform that will support a whole-of-life approach to services for people with disability is the “Early Intervention and Prevention, Lifelong Planning and Increasing Independence and Social Participation Strategies” priority. Under this priority, an Early Intervention and Prevention Framework will be developed by mid 2011 to increase governments’ ability to be effective with early intervention and prevention strategies and to ensure that clients receive the most appropriate and timely support.

The National Disability Strategy, being developed by the Commonwealth, State and Territory governments under the auspices of the Council of Australian Governments will drive future reforms in both mainstream systems and disability services to provide a whole-of-government, whole-of-life approach to services for people with disability.

3.2 That the next CSTDA should include – A partnership between governments, service providers and the disability community to set policy priorities and improve outcomes for people with disability.

AGREED

The Intergovernmental Agreement for Federal Financial Relations, agreed to by the Council of Australian Governments in November 2008, clarifies funding and administration responsibilities. The objective of the Intergovernmental Agreement is the improvement of the well-being of all Australians including through:

  • collaborative working arrangements, including clearly defined roles and responsibilities and fair and sustainable financial arrangements, to facilitate a focus by the Parties on long term policy development and enhanced government service delivery;
  • enhanced public accountability through simpler, standardised and more transparent performance reporting by all jurisdictions, with a focus on the achievement of outcomes, efficient service delivery and timely public reporting.

As part of an ongoing commitment to the rights of people with disability, the Commonwealth Government, in partnership with State and Territory governments, is developing a National Disability Strategy. The Strategy is being developed in consultation with the Australian community, disability and carer peak bodies, employers and industry experts. The Strategy aims to address the barriers that are faced by Australians with disability, their families and carers and promote social inclusion.

The development of the National Disability Strategy has included a formal public consultation process and the establishment of the 28 member National People with Disabilities and Carer Council (NPWDACC). The Council provides expert advice to government on the development and implementation of the Strategy and represents a diverse range of backgrounds and experience. The NPWDACC includes people with disability and their families, carers, industry repr