Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendments moved by the Australian Greens on sheets 3439, 3441, 3440 and 3443 be agreed to.

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave— Under the standing orders I ask that Senator Lambie's name be recorded as being in support of the Australian Greens amendments to the Australian Centre for Disease Control Bill 2025 on sheet 3441 and abstaining on all others in that group.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will now deal with the remaining amendments relating to the Australian Centre for Disease Control Bill 2025, starting with the amendments on sheets 3447, 3448 and 3449, circulated by the opposition.

Opposition's circulated amendments to the Australian Centre for Disease Control Bill 2025—

SHEET 3447

(1) Clause 5, page 5 (line 17), omit "other".

(2) Clause 28, page 28 (line 7), omit "appointed", substitute "other".

(3) Clause 29, page 28 (lines 11 and 12), omit the clause, substitute:

29 Director-General not Advisory Council member but may attend meetings

(1) The Director-General is not a member of the Advisory Council and must not be appointed under subsection 30(1) as such.

(2) However, the Chair of the Advisory Council may invite the Director-General to attend a meeting of the Advisory Council:

(a) to observe the meeting; or

(b) for the purpose of advising or informing the Advisory Council on any matter; or

(c) for any other reason.

(4) Clause 30, page 28 (lines 14 and 15), omit "the Director-General and".

(5) Clause 34, page 30 (lines 18 and 19), omit "(other than the Director-General)".

_____

SHEET 3448

(1) Clause 5, page 5 (line 31) to page 6 (line 32), omit the definition of exempt material, substitute:

exempt material: a document or other material is exempt material if the document or material is an exempt document under any of the following provisions of the Freedom of Information Act 1982 (or would be such an exempt document if it were a document that was proposed to be released under that Act):

(a) section 33 (documents affecting national security, defence or international relations);

(b) section 34 (Cabinet documents);

(c) section 37 (documents affecting enforcement of law and protection of public safety);

(d) section 38 (documents to which secrecy provisions of enactments apply), disregarding subsections (1A) to (3A) of that section;

(e) section 42 (documents subject to legal professional privilege);

(f) section 45 (documents containing material obtained in confidence), disregarding subsection (2) of that section;

(g) section 46 (documents disclosure of which would be contempt of Parliament or contempt of court);

(h) section 47 (documents disclosing trade secrets or commercially valuable information), disregarding subsections (2) and (3) of that section.

_____

SHEET 3449

(1) Clause 5, page 4 (after line 21), after the definition of designated data service provider, insert:

designated enforcement entity: see section 69A.

(2) Clause 67, page 52 (after line 15), after subclause (5), insert:

Australian Information Commissioner agreement required

(5A) The Director-General must not make a data sharing declaration unless the Australian Information Commissioner has agreed, in writing, to the making of the declaration.

(3) Clause 69, page 53 (line 2), before "At any time", insert "(1)".

(4) Clause 69, page 53 (line 3), after "may", insert "(subject to subsections (2) and (3))".

(5) Clause 69, page 53 (after line 20), at the end of the clause, add:

(2) A designated enforcement entity must not collect or use information in accordance with subsection (1) unless the collection or use is authorised by an order under section 69A.

(3) An entity must not disclose information to a designated enforcement entity in accordance with subsection (1) unless the disclosure is authorised by an order under section 69A.

(6) Page 53 (after line 20), after clause 69, insert:

69A Data sharing declarations — court orders required for collection, use and disclosures in certain circumstances

Designated enforcement entities

(1) An entity is a designated enforcement entity if:

(a) the entity is an agency, or a State or Territory authority, within the meaning of the Privacy Act 1988; and

(b) the entity is not a court, tribunal or coroner; and

(c) either or both of the following apply:

(i) the entity has power under a law of the Commonwealth or a State or Territory to require persons to give information to the entity;

(ii) officers of the entity are, in the ordinary course of their duties, authorised to execute warrants to enter premises and seize things found, including documents.

Application for and making of order

(2) An entity may apply for an order under this section authorising the entity to:

(a) if the entity is a designated enforcement entity—collect and use information in accordance with a data sharing declaration; and

(b) in any case—disclose information to a designated enforcement entity in accordance with a data sharing declaration.

(3) The application for an order under this section must be made to:

(a) a magistrate of a State or Territory; or

(b) a judge who is eligible under subsection 69B(2).

(4) The judicial officer may make the order if the judicial officer is satisfied that:

(a) there are no effective means, other than by way of an order under this section, for the applicant to:

(i) collect or use the information; or

(ii) disclose the information to a designated enforcement entity; and

(b) the order is necessary to respond to the threat to public health in relation to which the data sharing declaration was made; and

(c) the order would not, on balance, result in an unreasonable interference with the privacy of an individual.

(5) The judicial officer must not make the order unless the applicant or some other entity has given the judicial officer, either orally or by affidavit, such further information (if any) as the judicial officer requires concerning the grounds on which the order is being sought.

(6) The order must specify:

(a) the data sharing declaration covered by the order; and

(b) the entity for which the collection, use or disclosure of information is authorised by the order; and

(c) the designated enforcement entity to which the disclosure of information is authorised by the order; and

(d) the day on which the order ceases to have effect; and

(e) the purpose for which the order is made.

69B Judicial officers for orders under section 69A

Eligible judge of a court created by the Parliament

(1) A judge of a court created by the Parliament may, by writing, consent to be nominated by the Attorney-General under subsection (2).

(2) The Attorney-General may, by writing, nominate a judge of a court created by the Parliament in relation to whom a consent is in force under subsection (1) to be eligible for the purposes of paragraph 69A(3)(b).

(3) A nomination under subsection (2) is not a legislative instrument.

Magistrates

(4) A magistrate need not accept the functions conferred by section 69A.

(5) The Governor-General may:

(a) arrange with the Governor of a State for the performance, by all or any of the persons who from time to time hold office as magistrates of that State, of the functions of a magistrate conferred by section 69A; or

(b) arrange with the Chief Minister of the Australian Capital Territory for the performance, by all or any of the persons who from time to time hold office as magistrates of the Australian Capital Territory, of the functions of a magistrate conferred by section 69A; or

(c) arrange with the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of the Northern Territory, of the functions of a magistrate conferred by section 69A.

Judicial officers exercising powers in personal capacity

(6) The functions conferred on a judicial officer by section 69A are conferred on the judicial officer:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

(7) A judicial officer performing a function conferred by section 69A has the same protection and immunity as if the judicial officer were performing the function:

(a) as the court of which the judicial officer is a member; or

(b) as a member of the court of which the judicial officer is a member.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I ask that the question on sheet 3447 be put separately.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the opposition amendments on sheet 3447 to the Australian Centre for Disease Control Bill 2025 be agreed to.

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—I note Senator Lambie's support for that sheet.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that opposition amendments on sheets 3448 and 3449 be agreed to.

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—Senator Lambie wishes to be noted as supporting the amendments on sheets 3448 and 3449.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will now deal with amendments circulated by Senator Thorpe. The question is that Senator Thorpe's amendments on sheets 3478 revised, 3484 and 3485 be agreed to.

Senator Thorpe's amendments to the Australian Centre for Disease Control Bill 2025—

SHEET 3478 REVISED

(1) Clause 5, page 3 (before line 25), before the definition of Aboriginal person, insert:

Aboriginal and Torres Strait Islander Advisory Committee means the Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control established by section 38B.

(2) Clause 5, page 7 (after line 5), after the definition of foreign government body, insert:

Indigenous Data Sovereignty Principles: see section 70AA.

(3) Clause 5, page 8 (after line 19), after paragraph (e) of the definition of public health matters, insert:

(ea) the health of Aboriginal persons and Torres Strait Islanders;

(eb) social, systemic and structural determinants of health;

(4) Clause 11, page 16 (after line 35), after paragraph 11(i), insert:

(ia) conducting, promoting and supporting initiatives directed at achieving health equity for Aboriginal persons and Torres Strait Islanders, including initiatives directed at addressing social, systemic and structural factors that contribute to health inequities for Aboriginal persons and Torres Strait Islanders, in collaboration with:

(i) bodies representing Aboriginal persons or Torres Strait Islanders (or both); and

(ii) bodies known as Aboriginal and/or Torres Strait Islander Community-Controlled Organisations; and

(iii) State or Territory government entities;

(5) Clause 30, page 28 (lines 21 to 24), omit subclause (3), substitute:

(3) The Minister must ensure that at least two appointed members are Aboriginal persons or Torres Strait Islanders (or both) who have expertise, qualifications or experience in the health needs of Aboriginal persons or Torres Strait Islanders (or both).

(6) Clause 30, page 29 (after line 9), after paragraph (4)(g), insert:

(ga) the health needs of Aboriginal persons or Torres Strait Islanders (or both);

(7) Page 34 (after line 3), after Part 3, insert:

Part 3A — The Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control

Division 1 — Introduction

38A Simplified outline of this Part

This Part establishes the Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control. The Committee's function is to provide advice to the Minister and Director-General.

Division 2 — The Aboriginal and Torres Strait Islander Advisory Committee

38B Establishment

(1) The Aboriginal and Torres Strait Islander Advisory Committee of the Australian Centre for Disease Control is established by this section.

(2) The Minister is to determine, in writing, the composition of the Aboriginal and Torres Strait Islander Advisory Committee, including the expertise, qualifications and experience of its members.

(3) The Minister is to appoint the members of the Aboriginal and Torres Strait Islander Advisory Committee on a part-time basis, and must appoint one of the members to chair the Committee.

38C Function

(1) The function of the Aboriginal and Torres Strait Islander Advisory Committee is to provide advice to the Minister and the Director-General on:

(a) the operation and effectiveness of this Act, particularly in relation to the health needs of Aboriginal persons or Torres Strait Islanders (or both); and

(b) any other matter on which the Minister or the Director-General requests, in writing, the Committee to provide advice.

(2) The Minister may give the Committee written guidelines about its function.

(3) Neither requests under paragraph (1)(b), nor guidelines under subsection (2), are legislative instruments.

(8) Page 53 (after line 20), after clause 69, insert:

70AA Indigenous Data Sovereignty Principles

Director-General to determine Indigenous Data Sovereignty Principles

(1) The Director-General must, by legislative instrument, determine principles to be followed in the collection, use and disclosure under this Act of information that relates to, or affects, Aboriginal persons or Torres Strait Islanders.

(2) The principles determined under subsection (1) are to be known as Indigenous Data Sovereignty Principles.

When Indigenous Data Sovereignty Principles must first come into force

(3) The Director-General must ensure there are Indigenous Data Sovereignty Principles in force at all times after the end of the period of 6 months beginning at the commencement of this section.

Consultation

(4) Before determining Indigenous Data Sovereignty Principles, the Director-General must:

(a) publish on the Centre's website:

(i) a draft of the Indigenous Data Sovereignty Principles; and

(ii) a notice inviting submissions on the draft on or before a day specified in the notice; and

(b) consider any submissions received on or before the day specified in the notice.

(5) The day specified under subparagraph (4)(a)(ii) must be at least 30 days after the day on which the notice is published.

(6) Subsection (4) does not limit section 17 of the Legislation Act 2003.

Effect of Indigenous Data Sovereignty Principles

(7) A provision of this Division that authorises the collection, use or disclosure of information that relates to, or affects, Aboriginal persons or Torres Strait Islanders has effect only to the extent that the Indigenous Data Sovereignty Principles are followed in the collection, use or disclosure that information.

(9) Page 63 (after line 21), after clause 77, insert:

77A Aboriginal and Torres Strait Islander health reports

(1) The Director-General must, as soon as practicable after the end of each calendar year, prepare a report on the state of Aboriginal and Torres Strait Islander health in Australia during that year.

(2) The report must contain (without limitation) information about progress towards health equity for Aboriginal persons and Torres Strait Islanders, including progress towards addressing social, systemic and structural factors that contribute to health inequities for Aboriginal persons and Torres Strait Islanders.

(3) The Director-General must publish a copy of the report on the Centre's website.

(4) The Director-General may, in preparing the report, seek assistance, input or information from such persons as the Director-General determines.

_____

SHEET 3484

(1) Clause 5, page 8 (after line 20), after paragraph (f) of the definition of public health matters, insert:

(fa) the health effects of racial discrimination;

_____

SHEET 3485

(1) Clause 5, page 8 (after line 21), after paragraph (g) of the definition of public health matters, insert:

(ga) the health of prisoners and persons detained in custodial settings;

(2) Clause 11, page 16 (after line 25), after subparagraph (11)(h)(viii), insert:

(viiia) bodies providing health services to prisoners and persons detained in custodial settings;

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—I ask that Senator Lambie's voting preferences be recorded: sheet 3478, abstain; sheet 3484, oppose; and sheet 3485, support.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I'll now deal with an amendment circulated by Pauline Hanson's One Nation. The question is that subdivision B of division 2 on part 4 stand as printed.

Pauline Hanson's One Nation's circulated amendment to the Australian Centre for Disease Control Bill 2025

(7) Subdivision B, clauses 45 to 49, page 39 (line 20) to page 42 (line 11), to be opposed.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question now is that the remaining Pauline Hanson's One Nation amendments on sheet 3482 and the amendments on sheet 3488 agreed to.

Pauline Hanson's One Nation 's circulated amendments to the Australian Centre for Disease Control Bill 2025

SHEET 3482

(1) Clause 5, page 10 (line 31), omit ", or a direction under subsection 45(1)".

(2) Clause 21, page 23 (line 5), omit subclause (5), substitute:

(5) The period may only be extended:

(a) once; and

(b) by no more than 28 days.

(3) Clause 39, page 35 (line 6), omit the paragraph beginning "Division 2 contains", substitute:

Division 2 contains information-gathering powers. The Director-General may request information from other entities, and enter into agreements for other entities to give information. Compliance with a request or agreement is voluntary. An entity may comply with a request or agreement despite any other law, other than designated secrecy laws.

(4) Clause 39, page 35 (lines 7 to 11), omit the paragraph beginning "First, the Director-General".

(5) Clause 39, page 35 (lines 12 to 18), omit the paragraph beginning "Second, the Director-General".

(6) Heading to Subdivision A, page 38 (line 2), omit the heading.

(8) Clause 54, page 47 (lines 5 and 6), omit "or a direction under subsection 45(1)".

(9) Clause 71, page 55 (lines 14 and 15), omit "or a direction under subsection 45(1)".

(10) Clause 76, page 62 (lines 14 to 18), omit subclause (2), substitute:

Exception

(2) However, the Director-Generalmust not delegate the Director-General's functions, duties or powers under section 67 (data sharing declarations).

_____

SHEET 3488

(1) Clause 5, page 8 (line 21), omit "health;", substitute "health.".

(2) Clause 5, page 8 (line 22), omit paragraph (h) of the definition of public health matters.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I ask that 3482 and 3488 be put separately.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the remaining Pauline Hanson's One Nation amendments on sheet 3482 be agreed to.

Pauline Hanson's One Nation's circulated amendment to the Australian Centre for Disease Control Bill 2025—

(1) Clause 5, page 10 (line 31), omit ", or a direction under subsection 45(1)".

(2) Clause 21, page 23 (line 5), omit subclause (5), substitute:

(5) The period may only be extended:

(a) once; and

(b) by no more than 28 days.

(3) Clause 39, page 35 (line 6), omit the paragraph beginning "Division 2 contains", substitute:

Division 2 contains information-gathering powers. The Director-General may request information from other entities, and enter into agreements for other entities to give information. Compliance with a request or agreement is voluntary. An entity may comply with a request or agreement despite any other law, other than designated secrecy laws.

(4) Clause 39, page 35 (lines 7 to 11), omit the paragraph beginning "First, the Director-General".

(5) Clause 39, page 35 (lines 12 to 18), omit the paragraph beginning "Second, the Director-General".

(6) Heading to Subdivision A, page 38 (line 2), omit the heading.

(8) Clause 54, page 47 (lines 5 and 6), omit "or a direction under subsection 45(1)".

(9) Clause 71, page 55 (lines 14 and 15), omit "or a direction under subsection 45(1)".

(10) Clause 76, page 62 (lines 14 to 18), omit subclause (2), substitute:

Exception

(2) However, the Director-Generalmust not delegate the Director-General's functions, duties or powers under section 67 (data sharing declarations).

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—I wish to record Senator Lambie's voting positions. On sheet 3488, she opposed, and, on sheet 3482, she opposed.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Senator David Pocock. I have had a request that these be voted on separately, so I will put them separately. The question is that theamendment on sheet 3492 be agreed to.

Senator David Pocock's circulated amendment to the Australian Centre for Disease Control Bill 2025

(1) Clause 78, page 63 (line 22) to page 64 (line 12), omit the clause, substitute:

78 Review of operation of Act

(1) The Minister must cause an independent review to be undertaken of:

(a) the operation of this Act during the 5 year period beginning at the commencement of the Act; and

(b) the operation of this Act during each subsequent 5 year period.

(2) The review must be conducted by an expert panel comprised of 3 members appointed by the Minister.

(3) Each member of the expert panel must have experience in at least one of the following:

(a) public health;

(b) clinical practice;

(c) economics;

(d) human rights;

(e) health data and statistics;

(f) emergency management;

(g) communications.

(4) A member of the expert panel must not be any of the following:

(a) a current member of the Advisory Council;

(b) a current or former member of the Commonwealth Parliament;

(c) a current or former employee or executive of a registered political party.

Timing of review and Minister to be given report

(5) The expert panel must be appointed by the Minister within 6 months after the end of the 5 year period to which the report relates.

(6) The review must be completed and the report submitted to the Minister by the expert panel within 12 months of the panel's appointment.

Minister to table copy of report of review and response to review

(7) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

(8) The Minister must cause the government's response to the report to be tabled in each House of the Parliament within three months of the report being tabled.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will now put the question on Senator David Pocock's amendments (1) and (2) on sheet 3493. The question is that the amendments be agreed to.

Senator David Pocock's circulated amendment s

(1) Clause 10, page 15 (lines 9 to 11), omit subclause (3), substitute:

(3) The Minister must not appoint a person as the Director-General unless:

(a) the Minister first appoints an independent selection panel consisting of at least 3 persons for the purposes of assessing whether a candidate is suitable for appointment; and

(b) the independent selection panel has advertised the appointment, conducted interviews and shortlisted at least 3 candidates for appointment on the basis of the following criteria:

(i) appropriate expertise;

(ii) qualifications or experience in public health matters;

(iii) integrity;

(iv) opportunities for promoting diversity in the public sector; and

(c) the independent selection panel has provided to the Minister a comparative assessment of the 3 shortlisted candidates against the criteria in paragraph (b), and a certification statement indicating that they are eligible for appointment; and

(d) that person has been shortlisted for the appointment by the independent selection panel in accordance with paragraph (b).

(2) Clause 30, page 28 (line 25) to page 29 (line 10), omit subclause (4), substitute:

Process for appointment

(4) The Minister must not appoint a person as a member to the Advisory Council unless:

(a) the Minister first appoints an independent selection panel consisting of at least 3 persons for the purposes of assessing whether a candidate is suitable for appointment; and

(b) the independent selection panel has advertised the appointment, conducted interviews and shortlisted at least 3 candidates for appointment on the basis of the following criteria:

(i) appropriate expertise, qualifications or experience in at least one of the following:

(A) public health matters;

(B) clinical practice;

(C) economics;

(D) human rights;

(E) data and statistics relating to public health matters;

(F) emergency management;

(G) communications;

(H) any other field that the Minister considers appropriate;

(ii) integrity;

(iii) opportunities for promoting diversity in the public sector; and

(c) the independent selection panel has provided to the Minister a comparative assessment of the 3 shortlisted candidates against the criteria in paragraph (b), and a certification statement indicating that they are eligible for appointment; and

(d) that person has been shortlisted for the appointment by the independent selection panel in accordance with paragraph (b).

Question negatived.

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—Could I please record Senator Lambie's voting preferences as support for amendments on sheets 3493 and 3492.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments to the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025, as circulated by the opposition on sheets 3450 and 3451. The question is that the following items stand as printed: schedule 1, items 2 to 4,7 and8, and 11 to 13 and part 4; and schedule 2, items 6 to 9.

Opposition's circulated amendments to the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025—

SHEET 3450

(1) Schedule 1, items 2 to 4, page 3 (lines 12 to 22), to be opposed.

(3) Schedule 1, items 7 and 8, page 4 (lines 1 to 6), to be opposed.

(4) Schedule 1, items 11 to 13, page 5 (lines 15 to 20), to be opposed.

(6) Schedule 2, items 6 to 9, page 32 (line 3) to page 33 (line 28), to be opposed.

_____

SHEET 3451

(1) Schedule 1, Part 4, page 25 (lines 1 to 6), to be opposed.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that opposition amendments (2) and (5) on sheet 3450 be agreed to.

Opposition's circulated amendments—

(2) Schedule 1, item 5, page 3 (line 25), omit "Director of Human Biosecurity", substitute "Director-General of the CDC".

(5) Schedule 2, item 2, page 28 (line 11), omit subparagraph (1)(a)(ii).

Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

by leave—I record Senator Lambie's voting intentions: sheet 3451, support; and sheet 3450, support.

Jenny McAllister (NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Link to this | Hansard source

I table an addendum to the explanatory memorandum relating to the Australian Centre for Disease Control Bill 2025. The addendum responds to matters raised by the Scrutiny of Bills Committee and the Parliamentary Joint Committee on Human Rights.

Bills, as amended, agreed to.

Bills reported with amendments; report adopted.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the bills be now passed.