Senate debates

Tuesday, 5 February 2013

Documents

Tabling

4:44 pm

Photo of Cory BernardiCory Bernardi (SA, Liberal Party) Share this | | Hansard source

I present documents listed on today's Order of Business at item 10 which were presented to the President, Deputy President and Temporary Chairman of Committees after the Senate adjourned on 29 November 2012.

The list read as follows—

Committee documents

1. Parliamentary Joint Committee on Human Rights––7th report of 2012––Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011: Bills introduced 29 October to 1 November 2012 and legislative instruments registered with the Federal Register of Legislative Instruments 17 October to 16 November 2012––Corrigendum (received 5 December 2012)

2. Legal and Constitutional Affairs Legislation Committee––Report, together with the Hansard record of proceedings and documents presented to the committee––Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (received 7 December 2012)

3. Joint Select Committee on Constitutional Recognition of Local Government––Preliminary report––The majority finding of the Expert Panel on Constitutional Recognition of Local Government: the proposal, timing and likely success of a referendum to amend Section 96 of the Australian Constitution to effect financial recognition of local government (received 24 January 2013)

4. Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples––Report, together with the Hansard record of proceedings and submissions received by the committee––Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 (received 30 January 2013)

5. Standing Committee for the Scrutiny of Bills––Alert digest: National Disability Insurance Scheme Bill 2012 (received 1 February 2013)

Government response to parliamentary committee report

Joint Standing Committee on Foreign Affairs, Defence and Trade––Report––Australia's trade and investment relations with Asia, the Pacific and Latin America (received 20 December 2012)

Government documents

1. Australian Skills Quality Authority––Report for 2011-12 (received 30 November 2012)

2. Grains Research and Development Corporation (GRDC)––Report for 2011-12 (received 30 November 2012)

3. Australian Communications and Media Authority (ACMA)––Communications Report for 2011-12 (received 6 December 2012)

4. Australian Centre for Renewable Energy (ACRE) Board––Report for 2011-12 (received 11 December 2012)

5. Independent review of the National Health Performance Authority (NHPA) (received 12 December 2012)

6. Australian Health Practitioner Regulation Agency (AHPRA)––Report for 2011-12 (received 12 December 2012)

7. Tiwi Land Council––Report for 2011-12 (received 13 December 2012)

8. Screen Australia––Report for 2011-12––Correction (received 17 December 2012)

9. 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 2012 (received 17 December 2012)

10. Australian Crime Commission Board––Chair––Report for 2011-12 (received 18 December 2012)

11. CrimTrac Agency–Report for 2011-12––Corrigendum (received 18 December 2012)

12. Sydney Harbour Federation Trust––Report for 2011-12 (received 14 January 2013)

13. Criminal Code Act 1995––Control orders and preventative detention orders––Report for 2011-12 (14 January 2013)

14. National Security Information (Criminal and Civil Proceedings) Act 2004––Non-disclosure and witness exclusion certificates––Report for 2011-12 (received 14 January 2013)

15. Gene Technology Regulator––Quarterly report for the period 1 July to 30 September 2012 (received 14 January 2013)

16. National Health and Medical Research Council––Strategic plan 2013 to 2015 (received 18 January 2013)

17. Sugar Research and Development Corporation––Report for 2011-12 (received 21 January 2013)

18. Members of Parliament (Staff) Act 1984––Report on ministerial consultants engaged (received 22 January 2013)

19. Torres Strait Protected Zone Joint Authority––Report for 2009-10 (received 29 January 2013)

20. Tax expenditures statement 2012 (received 31 January 2013)

Reports of the Auditor-General

1. Report no. 12 of 2012-13––Performance audit––Administration of Commonwealth responsibilities under the national Partnership Agreement on Preventative Health: Australian National Preventative Health Agency; Department of Health and Ageing (received 5 December 2012)

2. Report no. 13 of 2012-13––Performance audit––Provision of policing services to the Australian Capital Territory: Australian Federal Police (received 18 December 2012)

3. Report no. 14 of 2012-13––Performance audit––Delivery of workplace relations services by the Office of the Fair Work Ombudsman: Office of the Fair Work Ombudsman (received 18 December 2012)

4. Report no. 15 of 2012-13––Assurance report––2011-12 major projects report: Defence Materiel Organisation (received 19 December 2012)

5. Report no. 16 of 2012-13––Financial statement audit––Audits of the financial statements of Australian Government entities for the period ended 30 June 2012 (received 20 December 2012)

6. Report no. 17 of 2012-13––Performance audit––Design and implementation of the Energy Efficiency Information Grants Program: Department of Climate Change and Energy Efficiency (received 29 January 2013)

7. Report no. 18 of 2012-13––Performance audit––Administration of Communities for Children under the Family Support Program: Department of Families, Housing, Community Services and Indigenous Affairs (received 30 January 2013)

8. Report no. 19 of 2012-13––Performance audit––Administration of new income management in the Northern Territory: Department of Families, Housing, Community Services and Indigenous Affairs; Department of Human Services (received 31 January 2013)

Letters of advice relating to Senate orders

1. Letters of advice relating to lists of departmental and agency appointments and vacancies:

Prime Minister and Cabinet portfolio [2] (received 1 February 2013)

Defence portfolio (received 1 February 2013)

Health and Ageing portfolio (received 1 February 2013)

Department of Agriculture, Fisheries and Forestry (received 1 February 2013)

Attorney-General's portfolio (received 1 February 2013)

2. Letters of advice relating to lists of departmental and agency grants:

Australian National Preventive Health Agency (received 31 January 2013)

Defence portfolio (received 1 February 2013)

Prime Minister and Cabinet portfolio [2] (received 1 February 2013)

Cancer Australia (received 1 February 2013)

Attorney-General's portfolio (received 1 February 2013)

Department of Agriculture, Fisheries and Forestry (received 1 February 2013)

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

The response read as follows—

Government response to the recommendations in the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade ' s inquiry into Australia ' s trade and investment relations with Asia, the Pacific and Latin America

APEC

Recommendation 1

Work towards the admission of India to membership of APEC as soon as possible.

Australia supports India's membership of APEC and will consider the manner in which we might support India in gaining membership.

The Government notes that while the moratorium on new APEC members expired in 2010, APEC economies have not yet agreed to re-open the issue. A number of economies have expressed interest in joining APEC. The admission of any new member would require consensus amongst all APEC economies.

Recommendation 2

That Australia continues to strongly support the work in APEC on the identification and elimination of choke points in regional supply chains and the development of modern and efficient communications networks.

Australia has taken a lead role in this work in APEC through the development of APEC's supply-chain connectivity work program. At its November 2010 Summit, APEC Leaders endorsed eight Supply-chain Action Plans to improve logistics in the APEC region. APEC Leaders also set a 10 per cent improvement target for the performance of regional supply-chains by 2015, taking into account each economy's circumstances. A mid-term assessment of progress toward this goal is due in 2013.

Australia worked closely with other APEC economies, particularly Singapore, Japan and the United States, to identify chokepoints to the smooth flow of goods, services and business travellers throughout the region.

The Supply-chain Action Plans aim to:

                  Australia is leading work on the Action Plans dealing with inadequate logistics infrastructure and variations in cross-border communications standards. Australia is working on three projects relating to logistics: a review of best practice in logistics associations in APEC economies; development of standards for safe use of heavy road vehicles; and a proposal to address deficiencies in information infrastructure linking major seaports. In pursuing work under these Action Plans, the Department of Foreign Affairs and Trade works closely with the Department of Infrastructure and Transport and the Department of Broadband, Communications and the Digital Economy, and other government agencies.

                  As lead economy for the Action Plans on cross-border communications standards, Australia has coordinated work programs to improve means for maintaining the resilience of submarine telecommunications cables and, through cyber security initiatives, promoted a trusted and safe online environment.

                  Recommendation 3

                  That Australia continues to set an example to other APEC member economies by: (i) maintaining its momentum towards trade liberalisation; and (ii) encouraging the APEC membership to push strongly for a positive and forward-looking outcome in the Doha Round,

                  The Government is working actively to ensure that Australia remains a model economy in APEC by continuing its trade liberalisation program.

                  In 2011 the World Trade Organization's (WTO) Trade Policy Review concluded that Australia has one of the most open economies in the world, and a trade policy framework characterised by an unusually high degree of transparency. Unilateral reductions in tariffs have reduced the average applied "most favoured nation" tariff rate to 3.1 per cent, from 3.8 per cent in 2006; further unilateral reductions will continue through to 2015.

                  Australia remains strongly committed to trade liberalisation — negotiation of improved access for Australian exporters to overseas markets to generate prosperity — as well as ongoing domestic reform. The Government's domestic reform agenda (skills enhancement, better infrastructure, taxation reform, a seamless national economy and innovation) will help ensure that Australian exporters are internationally competitive and can take advantage of the opportunities offered by trade liberalisation.

                  Australia has a strong record in encouraging the APEC membership to push strongly for a positive and forward-looking outcome in multilateral trade liberalisation negotiations_ At the Vladivostok APEC Summit in September 2012, APEC Leaders called for fresh thinking to explore new and credible approaches to the WTO Doha Round negotiations. Australian efforts helped secure this approach, which included the possibility of advancing parts of the Doha agenda, such as trade facilitation, based on consensus. APEC Leaders also reaffirmed their pledge against protectionism, through a standstill on trade barriers through to 2015.

                  Trade Facilitation

                  Recommendation 4

                  That the Australian Government commit itself to a concerted effort to lift Australia into the top 20 countries in the World Bank ' s list of economies having the easiest trade access.

                  The Government agrees with the Committee's recommendation that it is important to do more to improve and enhance Australia's trade access through trade facilitation measures.

                  Promoting trade facilitation through a commitment to a regulatory environment that minimises barriers to business is a priority for the Government.

                  The Government is delivering an effective border protection regime for the Australian community by regulating and facilitating legitimate trade. The strategies undertaken to achieve this goal include:

                              In APEC, Australia is a strong supporter of work to improve trade facilitation. APEC economies were able to achieve reductions in trade transaction costs (by five per cent between 2002 and 2006 and a further five per cent by 2010) through a range of initiatives targeting movement of goods, alignment of standards, business mobility and electronic commerce. The World Bank estimates that APEC-driven improvements in customs procedures, regulatory cooperation, logistics and infrastructure delivered US$58.7 billion in savings for business between 2007 and 2010..

                              Australia continues to lead work on trade facilitation in APEC economies including through supporting the Services Trade Access Requirements (STAR) Database and APEC's supply chain connectivity agenda. The STAR database is a business-friendly, on-line tool to help services providers from all APEC economies take advantage of new export opportunities by increasing their awareness of the regulatory requirements to trade and invest.

                              In the WTO, Australia is pushing strongly for an agreement on trade facilitation. Potentially 44 per cent of the benefits of the Doha Round are estimated to emanate from a trade facilitation agreement. The trade facilitation negotiations would lead to more modern, efficient customs clearance procedures and better cooperation between the customs authorities of WTO Members. This would markedly reduce the time it takes for goods to be processed and cleared, resulting in real reductions in the costs of trading.

                              Recommendation 5

                              That Australia work towards the complete introduction of paperless trading as soon as possible and that it encourage and, where necessary, assist its trading partners to achieve the same outcome.

                              The Australian Government commenced work in 2005 to examine the feasibility of introducing an agreed international trade data standard supported by information technology systems, including a single window that would enable linking of trade data across government and industry to facilitate data re-use and pre-population.

                              Work continued through the International Trade Cluster of the Standard Business Reporting (SBR) initiative, led by Treasury in 2007. A Business Case concluded that the Integrated Cargo System (ICS), implemented in 2005 and operated by Australian Customs and Border Protection Service, already provided a single window for the bulk of international trade-related reporting to Australian Government for import and export cargo.

                              At the border the ICS facilitates paperless clearance for 99.5 per cent of imports and 99.7 per cent of exports transactions. For a small proportion of transactions, border agencies request the presentation and sighting of trade documents to complete risk assessment. In some instances, exporters and importers may present trade documents electronically to border agencies. Ongoing work on paperless interaction includes advanced testing of the feasibility to electronically submit declarations in the postal environment and for household personal effects, which are currently paper based transactions. The aim is that electronic solutions would constitute 100 per cent of postal declarations and around 68 per cent of personal effects consignments.

                              Other initiatives are currently being investigated across Government to improve the range of electronically accessible trade documents, including permits, which would then further facilitate electronic clearance.

                              Drawing on the experience and lessons learned in developing and implementing the ICS as the Australian national single window paperless trading capability, Australian Government agencies are active participants in bilateral discussions and international forums. Such opportunities both leverage and assist Australia's efforts for success in paperless trading and facilitate timely dissemination and adoption of "best practice outcomes" by Australia and its trading partners.

                              Recommendation 6

                              That Australia should strongly encourage the complete acceptance of the APEC Business Travel Card by the remaining members of APEC; and also explore the possibility of establishing a similar arrangement with other trading partners, e.g. non APEC economies in Latin America, the EU and India.

                              The Government agrees that Australia should be encouraging the acceptance of the APEC Business Travel Card by the remaining members of APEC.

                              Through the APEC Business Mobility Group, Australia and other APEC economies have strongly encouraged the small number of APEC economies that have yet to finalise arrangements to transition to full membership of the APEC Business Travel Card scheme.

                              The Government continues to explore facilitative visa arrangements with Australia's trading partners in APEC and other regions, including with India, and with countries in Latin America and in the European Union.

                              Recommendation 7

                              That Australia should take a leading role in working towards the improvement of supply-chain processes in APEC and in encouraging other trading partners to undertake a similar program.

                              Australia is playing a leading role in improving supply chain processes in APEC.

                              The Department of Infrastructure and Transport (DIT) is undertaking an AusAID funded project to enable Indonesia, Papua New Guinea (PNG) and Vietnam to develop their own industry-based logistics associations in partnership between industry and government. Australia, Singapore and Thailand are providing expert advice to the project. The project seeks to enhance information flows and coordination among government agencies on policies affecting the logistics sector. It will develop a National Logistics Association (N LA) generic template and deliver a compendium of NLA best practices and benefits.

                              This project has been a catalyst for PNG to establish its first National Logistics Association (PNG-LA). The Australian Logistics Council is assisting PNG develop sound governance and reporting arrangements. The PNG-LA will act as a single voice for PNG's supply chain industry needs in interacting with relevant PNG authorities on key logistics issues.

                              In addition, DIT has played a leading role in developing a methodology for measuring progress towards the goal agreed by APEC leaders of achieving 10 per cent improvement of supply-chain performance in terms of reduction of time, cost and uncertainty by 2015.

                              Recommendation 8

                              That, in view of the benefits arising from the Export Market Development Grants Scheme, it should continue indefinitely and be fully funded to provide certainty for exporters seeking to widen their overseas market focus.

                              The Government has extended the Export Market Development Grants (EMDG) Scheme to the 2015-16 grant year and is committed to working with industry to maximise the benefit of the EMDG Scheme within the total funding that is available.

                              In the Mid-year Economic and Fiscal Outlook 2012-13, the Government announced it would retarget the Export Market Development Grants program towards emerging and frontier markets, with a focus on Asian markets. This measure complements the recent review of Austrade, which recommended that Austrade's export promotion work be undertaken in the world's emerging and frontier markets as this is where Australian businesses can benefit most from government support.

                              Latin America

                              Recommendation 9

                              The Sub-Committee considers that the introduction of electronic visa applications would be an excellent, and inexpensive, way to assist in improving trade and investment relations with the countries of Latin America. It would have valuable spin-off benefits for the tourism industry and would also facilitate business travel to Australia.

                              The Government agrees, and believes that the introduction of electronic visa applications would be an inexpensive way to assist in improving trade and investment relations with the countries of Latin America.

                              For foreign nationals intending to visit Australia for business or other reasons, including for citizens from countries in Latin America, the Government, through the Department of Immigration and Citizenship, has increased the number of visa categories accessible through electronic lodgement in recent years. In particular, the Government has extended electronic lodgement to client groups who have demonstrated compliance with visa conditions.

                              On 15 February 2012 Argentine and Brazilian nationals became eligible to apply online for a Tourist visa (Subclass 676), known as "e676". Chilean nationals became eligible to access the e676 service on 20 September 2011.

                              In 2013-14, the Government intends to progressively roll out online visitor visa applications to citizens of all countries.

                              Recommendation 10

                              The Sub-Committee recommends that the Government review the processing of applications by skilled migrants and, where appropriate, seek ways to fast track the recognition of their skills.

                              The Government continues to review procedures to achieve the most responsive processing times possible to enable employers to meet their skilled employment needs. In May 2011 the Government committed A$10 million over four years to fund a new processing centre with the aim of reducing the median processing time of Temporary Business (Long Stay) visas (Subclass 457) to 10 days for "decision-ready" applications.

                              Australia has a transparent and accountable system for processing applications for recognition of the skills of migrants to Australia. There is a national system of legally authorised organisations for nominated skilled occupations that process applications by individuals for recognition of qualifications for skills gained overseas. These assessing bodies are legally independent, professional organisations, and in general terms the Government has no statutory role in their assessment processes. DIAC continues to work with the various third parties involved in assessing aspects of visa applications (including skills assessments) to ensure that these processes are as transparent and responsive as possible.

                              Recommendation 11

                              The Sub-Committee also recommends that urgent attention he given to achieving mutual recognition of university qualification between Australia and the countries of Latin America. This would assist the efforts of Australia ' s universities to attract post ­graduate students, who might otherwise go to American or British universities. It would also assist tourism through attracting the relatives and friends of such students to visit Australia.

                              The Government notes the desirability of achieving mutual recognition of university qualifications. To this end, Australia has signed Memoranda of Understanding (MOUs) on mutual recognition of qualifications with Brazil, Chile, Colombia and Peru.

                              Australia is a signatory to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Lisbon Recognition Convention and as such has in place policies and procedures for transparent, timely and defensible recognition of foreign qualifications, including those from Latin America.

                              In 2011 there were 31,450 student enrolments from Latin American countries. Of these, 12.4 per cent were in the higher education sector, 31 per cent were in the vocational, education and training (VET) sector and 53.7 per cent were in the English Language Intensive Courses for Overseas Students (ELICOS) sector. By country of origin, the top four student enrolments were from Brazil (15,266 enrolments or 48.4 per cent), Colombia (8,923 or 28.3 per cent), Peru (1,985 or 6.3 per cent) and Chile (1,974 or 6.3 per cent).

                              In 2011 there were 2,042 students from countries in Latin America enrolled in post graduate degrees at Australian universities. This represented an increase of 2.5 per cent on the 2010 post graduate enrolments from Latin America.

                              Australia established the Australian Education International-National Office for Overseas Skills Recognition (AEI-NOOSR) as its National Information Centre after signing the UNESCO Lisbon Recognition Convention in 2002. The National Information Centre promotes international student and labour market mobility through qualifications recognition, including qualifications gained by individuals from accredited educational and training institutions in Latin America. The National Information Centre is an easily accessible information resource that responds to inquiries about recognition overseas of Australian degrees and provides advice on authorised processes in Australia that assess qualifications gained by individuals in institutions in other countries.

                              In Australia, admission to professional practice may require registration at the national or state and territory level, or membership of the relevant professional body. Recognition of professional qualifications for the purposes of admission to practice, including qualifications gained overseas, is carried out by professional bodies which assess individuals and their qualifications against the relevant professional standards. Admission to professional occupations in Australia requires a specialised academic higher education qualification at degree level and, in some cases, relevant experience. In Australia, national, state and territory authorities regulate a number of professional occupations, relying on professional standards developed in conjunction with the relevant professional bodies. Professional bodies responsible for recognition processes often accredit higher education programs in the relevant disciplines and maintain close relationships with higher education institutions.

                              Australian professional bodies can and do establish their own mutual recognition agreements with their overseas counterparts.

                              AEI-NOOSR has a supportive relationship with higher education institutions and professional bodies. The National Information Centre provides broad information support services about the comparability of overseas qualifications in Australia, including through Country Education Profiles (CEP) Online, an easily accessible information resource designed as a general recognition guideline. CEP Online describes the education systems of overseas countries and provides assessment guidelines on the comparability of many overseas qualifications to Australian qualifications on the Australian Qualifications Framework (AQF). In Australia, foreign qualifications are compared to qualifications on the AQF (www.aqf edu.au).

                              The CEP guidelines provide information on qualifications in 13 countries in Latin America. For countries that are not included in CEP Online, AEI-NOOSR provides information on the recognition of overseas qualifications to institutions and individuals.

                              Recommendation 12

                              Allied to the previous recommendation, the Sub-Committee recommends the adoption of a " working holiday " scheme for visitors from Latin America. At present, visitors from 27 countries can access such arrangements, but of the Latin American countries only Chile is included in that list.

                              The Government agrees that adding more Latin American countries to the "working holiday" scheme would be of benefit to Australia. The Government concluded a review of the Working Holiday Maker program in 2010. Based on the review's conclusions, the Government initiated a work program of negotiations with several countries for new reciprocal Work and Holiday (Subclass 462) visa arrangements. The Government may add other countries to the negotiations schedule in the future, subject to wider bilateral considerations and Australian economic and labour market conditions.

                              Foreign Governments may register interest in Australia's reciprocal Work and Holiday (Subclass 462) visa arrangements through contact with the Australian Department of Immigration and Citizenship, or through contact with an Australian embassy, high commission or consulate overseas.

                              Australia and Argentina implemented new reciprocal Work and Holiday visa (Subclass 462) arrangements in February 2012. Australia and Mexico commenced negotiations in late 2010 for a capped Work and Holiday visa arrangement. Australia responded to Mexico's queries on proposed legislative limitations, and negotiations on a draft text are progressing well. Australia is currently in the final stages of negotiations with Uruguay on a Work and Holiday Memorandum of Understanding. The new arrangements are expected to commence early 2013.

                              Recommendation 13

                              All of the Latin American Ambassadors indicated how much they appreciated visits by Ministers, particularly at the head of business delegations, and by Parliamentary representati

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

                              I move:

                              That the committee documents be printed in accordance with the usual practice. Documents being printed are:

                                    Question agreed to.

                                    I seek leave to move a motion to provide for consideration of the committee reports and the government response just tabled.

                                    Leave granted.

                                    I move:

                                    That consideration of the committee reports and the government response to a committee report be listed on the Notice Paper as separate orders of the day.

                                    Question agreed to.

                                    Photo of Cory BernardiCory Bernardi (SA, Liberal Party) Share this | | Hansard source

                                    On behalf of the President, I table the following documents:

                                    Supplement to the 13th edition of Odgers' Australian Senate Practice

                                    Business of the Senate: 1 January to 31 December 2012

                                    Questions on Notice summary: 28 September 2010 to 31 December 2012

                                    Ordered that the Business of the Senate for 2012 be printed.