Senate debates

Wednesday, 23 November 2011

Notices

Presentation

Photo of Helen KrogerHelen Kroger (Victoria, Liberal Party) Share this | | Hansard source

To move:

That the following matter be referred to the Committee of Privileges for inquiry and report:

Having regard to matters raised by Senator Kroger relating to political donations made by Mr Graeme Wood, arrangements surrounding the sale of the Triabunna woodchip mill by Gunns Ltd and questions without notice asked by Senator Bob Brown and Senator Milne:

  (a)   whether any person, by the offer or promise of an inducement or benefit, or by other improper means, attempted to influence a senator in the senator's conduct as a senator, and whether any contempt was committed in that regard; and

  (b)   whether Senator Bob Brown received any benefit for himself or another person on the understanding that he would be influenced in the discharge of his duties as a senator, or whether he entered into any contract, understanding or arrangement having the effect, or possibly having the effect, of controlling or limiting his independence or freedom of action as a senator or pursuant to which he or any other senator acted as the representative of an outside body in the discharge of their duties as senators, and whether any contempt was committed in those regards.

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Shadow Minister for COAG) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes the outstanding achievement of young Australian cricketer and Penrith junior, Mr Patrick Cummins, who in his test debut took six wickets for 79 runs and scored the winning runs against South Africa in Johannesburg;

  (b)   joins the rest of the Australian community in congratulating Mr Cummins on his match-winning performance under intense pressure and wishes him all the best for his sporting future;

  (c)   notes that cricket is an important sport for local community, promoting fitness, a healthy lifestyle and competition.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

To move:

That the following bill be introduced: A Bill for an Act to amend the Broadcasting Services Act 1992, and for other purposes. Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

To move:

That the following bill be introduced: A Bill for an Act to amend the Fair Work Act 2009, and for related purposes. Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011.

To move:

That the following bill be introduced: A Bill for an Act to amend the law relating to higher education, and for related purposes. Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011.

Photo of Helen KrogerHelen Kroger (Victoria, Liberal Party) Share this | | Hansard source

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Parliamentary Secretary for Immigration) Share this | | Hansard source

To move:

That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 3 May 2012:

  (a)   the number of Prospective Marriage (subclass 300) visa applications and grants by post, officer, nationality, age of applicant and sponsor;

  (b)   the risk and incidence of fraud under the Prospective Marriage (subclass 300) visa program, including the incidence of cases where prospective marriages did not occur;

  (c)   the incidence of Prospective Marriage (subclass 300) visa applicants and sponsors who entered into an arranged marriage;

  (d)   the administration, application and effectiveness of eligibility criteria in relation to the Prospective Marriage (subclass 300) visa program, with a special focus on, but not limited to, protections against fraud, age differences, regard for cultural practices and relationship criteria;

  (e)   the sufficiency and suitability of assessment procedures to protect against fraud and to ascertain the reliability of consent of an applicant for a Prospective Marriage (subclass 300) visa, where it is believed the applicant will be entering into an arranged marriage;

  (f)   whether current policies and practices of the Australian Government with regard to the Prospective Marriage (subclass 300) visa or other visa categories are facilitating forced marriages;

  (g)   the policies and practices that could strengthen protections against fraud and for women in other countries applying for a Prospective Marriage (subclass 300) visa, from entering into a forced marriage; and

  (h)   any other related matters.

Photo of Glenn SterleGlenn Sterle (WA, Australian Labor Party) Share this | | Hansard source

To move:

That the Rural Affairs and Transport Legislation Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 24 November 2011, from 4.30 pm, to take evidence for the committee's inquiries into the Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 and the Qantas Sale Amendment (Still Call Australia Home) Bill 2011.

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

To move:

That the following bill be introduced: A Bill for an Act to amend the Future Funds Act 2006 and the Nation-building Funds Act 2008, and for related purposes. Government Investment Funds Amendment (Ethical Investments) Bill 2011.

Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party) Share this | | Hansard source

To move:

That the time for the presentation of the report of the Joint Standing Committee on Electoral Matters on the funding of political parties and election campaigns be extended to 12 December 2011.

Photo of Penny WrightPenny Wright (SA, Australian Greens) Share this | | Hansard source

To move:

That the Health Insurance (Allied Health Services) Amendment Determination 2011 (No. 2), made under subsection 3C(1) of the Health Insurance Act 1973, be disallowed. [F2011L02134]

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

Photo of John MadiganJohn Madigan (Victoria, Democratic Labor Party) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes:

     (i)   the recent demonstrations in West Papua calling for a referendum declaring independence from Indonesia and the resulting 19 deaths that occurred during the demonstrations, and

     (ii)   that the people of West Papua are facing a situation similar to the people of East Timor in that while both were defended by Australians during World War II, Australia failed to support them when they were annexed by Indonesia; and

  (b)   calls on the Government to:

     (i)   commence dialogue with the Indonesian Government and to work with the West Papuans in establishing the free state of West Papua,

     (ii)   offer Indonesia support by way of funding and the services of the Australian Electoral Commission to organise a free and democratic election, and

     (iii)   support the West Papuan request for United Nations' recognition of their right to independence.

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Shadow Minister for Ageing) Share this | | Hansard source

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes that:

     (i)   Medicare Australia has completed only 62 audits of the 11 469 dentists who have participated in the Medicare Chronic Disease Dental Scheme (the scheme),

     (ii)   currently between 419 and 556 audits are in process,

     (iii)   of the 62 completed audits, 41 dental practitioners have been found to be non-compliant with the scheme,

     (iv)   most of the dentists who have been found to be non-compliant have failed to provide paperwork required by the scheme, but have carried out the treatments for which Medicare benefits have been claimed,

     (v)   of the 41 who are non-compliant, only eight have been found to have claimed Medicare benefits for services that had not been provided, and

     (vi)   Medicare Australia acknowledges that those eight dentists may have provided the outstanding services at a later date, but had not done so at the time of the audit;

  (b)   fully supports the Government pursuing appropriate action against any practitioner who has defrauded the Commonwealth by not providing services for which rebates were claimed;

  (c)   given the information provided to the Senate on 18 October 2011 by the Minister representing the Minister for Health and Ageing (Senator Ludwig) and by Medicare Australia at estimates hearings on 20 October 2011, calls on the Government to:

     (i)   acknowledge that non-compliance errors in the scheme appear, in many cases to this point in time, to be minor and technical in nature,

     (ii)   require Medicare Australia to desist from demanding full repayment of all Medicare benefits from dental practitioners in such circumstances where non-compliance is of an administrative nature only,

     (iii)   require Medicare Australia to halt all recovery action against dentists until a full reassessment of all current audit results has been carried out to consider whether a warning or smaller penalty would be a more appropriate response, and

     (iv)   recognise that the vast majority of dentists act in good faith in providing much needed services under the scheme;

  (d)   orders that there be laid on the table by the Minister representing the Minister for Health and Ageing and the Minister representing the Minister for Human Services, by 5 pm on Tuesday, 7 February 2012, a full report from Medicare Australia on:

     (i)   the actions taken against the 41 dentists so far found to be non-compliant with the scheme,

     (ii)   the options available to Medicare Australia in each case,

     (iii)   the options considered by Medicare Australia in each case, and

     (iv)   reasons for the course of action decided on;

  (e)   holds grave concerns regarding the actions of Medicare Australia against dental practitioners for apparent minor and technical breaches of the scheme; and

  (f)   calls on the Government to convey these concerns to Medicare Australia.

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes that:

     (i)   more than 3 000 Iranian exiles and asylum seekers reside at Camp Ashraf in Iraq, and

     (ii)   these people are at risk of expulsion or refoulement, if the Iraqi Government persists in its plan to close the camp by the end of 2011; and

  (b)   calls on the Federal Government to lobby:

     (i)   the United Nations High Commissioner for Refugees (UNHCR) to declare the camp a refugee camp,

     (ii)   the United Nations and the High Commissioner for Human Rights to station a monitoring team in the camp to ensure residents' protection, and

     (iii)   the Iraqi Government to suspend all plans to close the camp until the UNHCR has had an opportunity to process and transfer all applicants for asylum.

To move:

That the Senate—

  (a)   notes:

     (i)   the Legislative Assembly of Saint Petersburg in Russia has proposed a new law which will allow authorities to impose fines for public discussion of lesbian, gay, bi-sexual, transgender and intersex (LGBTI) issues, and

     (ii)   the law would undermine the right to freedom of assembly and expression for LGBTI activists and community members, and has been condemned by human rights groups worldwide, including Amnesty International; and

  (b)   condemns the continuing discrimination in legislation against LGBTI people by a number of governments across the world.

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes that:

     (i)   20 November was Transgender Day of Remembrance,

     (ii)   the event began in 1999 in San Francisco in the United States of America to honour, Ms Rita Hester, who was murdered on 28 November 1998,

     (iii)   the annual event provides an opportunity to remember all those transgender people who have been killed in acts of anti-transgender violence;

  (b)   recognises that transgender people continue to be victims of violent crimes in both Australia and overseas; and

  (c)   calls on the Government to advocate for the rights of transgender people at both a national and international level.

Photo of John MadiganJohn Madigan (Victoria, Democratic Labor Party) Share this | | Hansard source

To move:

That the Senate—

  (a)   notes that:

     (i)   at a recent public rally in Hobart, Tasmanian members of the Timber Communities Australia publicly displayed signs calling for the recognition of their cultural heritage,

     (ii)   the Tasmanian timber communities are among the oldest continuing communities in Australia and derive their identity from the continuing connection to their district, environment and industry which they have developed over generations, and

     (iii)   the Tasmanian timber communities, as a matter of basic human rights, wish to pass their identity and cultural heritage on to future generations of those communities without government interference;

  (b)   calls on the Government to withdraw the Tasmanian Forests Intergovernmental Agreement between the Commonwealth of Australia and the State of Tasmania (Australian Labor Party/Australian Greens governments) until such time as the effects the agreement will have on the cultural heritage of the Tasmanian timber communities has been assessed and addressed to the satisfaction of those communities.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

To move:

That the order of the Senate relating to the consideration of private senators' bills continue to operate as a temporary order until 30 June 2012.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

To move:

That the Senate censures the Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) for misrepresenting and failing to uphold sections 25 to 27, relating to conservation, of the Tasmanian Forests Intergovernmental Agreement between the Commonwealth of Australia and the State of Tasmania, signed by the Prime Minister (Ms Gillard) and the Premier of Tasmania (Ms Giddings) on 7 August 2011.

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | | Hansard source

To move:

That the Senate—

  (a)   recalls that at the United Nations Climate Change Conferences in Copenhagen (2009) and Cancun (2010), more than 100 countries, including Australia, committed to constrain greenhouse gas emissions such that the average global temperature rise can be held below 2 degrees Celsius above pre-industrial levels; and

  (b)   affirms this commitment in the lead-up to the next conference in Durban (2011).

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

To move:

That the following bill be introduced: A Bill for an Act to amend the Special Broadcasting Service Act 1991, and for related purposes. Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Mr Deputy President, a point of order: I wonder if you would ask the President to report back to the chamber as to why he did not alert me or any of my colleagues to the statement he has just made regarding the privileges matter so that we may have been forewarned about the very serious statement that he made to the Senate, as a matter of courtesy if not—

Photo of Cory BernardiCory Bernardi (SA, Liberal Party, Shadow Parliamentary Secretary Assisting the Leader of the Opposition) Share this | | Hansard source

Mr Deputy President

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Sit down.

Photo of Stephen ParryStephen Parry (Tasmania, Liberal Party) Share this | | Hansard source

Senator Brown, do not direct other senators on what to do. Senator Brown, you have the call. Senator Bernardi, I am listening to Senator Brown.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

You are quite right, Deputy President. I would ask that you seek the President to properly report back to the Senate.

Photo of Stephen ParryStephen Parry (Tasmania, Liberal Party) Share this | | Hansard source

Senator Brown, I understand that the due notice is the giving of the notice. The matter you have raised I will mention to the President. If the President sees fit to come back to the chamber, he will do so.