Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

to present a Bill for an Act to provide for healthcare identifiers, and for related purposes.

to present a Bill for an Act to deal with consequential matters in connection with the Healthcare Identifiers Act 2010, and for related purposes.

to present a Bill for an Act to amend the law relating to health, and for related purposes.

Jenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | Link to this | Hansard source

to present a Bill for an Act to amend the social security law and family assistance law, and for related purposes.

Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for the Environment, Heritage and the Arts) Share this | Link to this | Hansard source

to present a Bill for an Act to amend the law relating to the protection of the Antarctic environment, and for related purposes.

Chris Bowen (Prospect, Australian Labor Party, Minister for Financial Services, Superannuation and Corporate Law) Share this | Link to this | Hansard source

to present a Bill for an Act to amend the law in relation to corporations, and for related purposes.

to present a Bill for an Act to amend the National Consumer Credit Protection Act 2009, and for related purposes.

Jason Clare (Blaxland, Australian Labor Party, Parliamentary Secretary for Employment) Share this | Link to this | Hansard source

to present a Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes.

Martin Ferguson (Batman, Australian Labor Party, Minister for Resources and Energy) Share this | Link to this | Hansard source

to present a Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes.

Duncan Kerr (Denison, Australian Labor Party) Share this | Link to this | Hansard source

to present a Bill for an Act to establish the Parliamentary (Judicial Misbehaviour or Incapacity) Commission.

to move:

That the House adopt standing order 271 in the following terms: 271 Address for removal of federal justice An address to the Governor-General pursuant to section 72 of the Constitution shall be dealt with in the following manner:

(a)

A Member may give notice of a motion for an address praying for the removal from office of a named justice of the High Court or of another court created by the Parliament on the ground of proved misbehaviour or incapacity. The motion must make specific allegations in precise terms.

(b)

A Member shall not give such a notice of motion before giving to the Speaker a letter advising:

(i)

that the Member has previously informed the justice in writing of the substance of the allegation(s) proposed to be made in any address for removal and inviting the justice to communicate to the Member any matter material to the allegation(s) and any reasons why, in the opinion of the justice, the allegation(s) is/are ill informed or do not amount to a cause for removal; and

(ii)

that the justice has had either at least 10 days to respond and has failed to do so, or has responded, but notwithstanding, the Member remains of the view that it is proper to proceed with a motion for the removal of the justice.

(c)

A Member giving such a notice of motion shall at the same time lay before the House a statement of reasons in support of the motion together with any documentary materials relevant to that statement.

(d)

On the notice being given, the Speaker must immediately advise the justice who is the subject of the allegations of the terms of the notice of motion and provide the justice with a copy of all relevant documents tabled in relation thereto and invite him or her to make a written response.

(e)

The Speaker shall give consideration to the terms of the notice of motion, the statement in support together with any relevant documents, and any response from the justice made in response to the provisions of paragraph (d), and, if the Speaker forms the opinion that:

(i)

the allegations against the justice are clearly laid out;

(ii)

the facts alleged are such that, if they were to be proven, they could lawfully form a basis for the removal of the justice on the ground of misbehaviour or incapacity; and

(iii)

either the facts alleged have been established, or there are reasonable grounds for believing the conduct alleged may have occurred and that examination of this possibility would be justified;

(f)

At the first sitting day occurring 14 days after the justice has been advised of the motion, whether the justice has responded or not, the Speaker must advise the House of whether precedence is to be granted to the moving of the motion.

(g)

If the Speaker declines to grant precedence to the moving of the motion the Member who gave the notice may, without notice, thereupon move that the House disagree with the Speaker’s opinion, but unless that motion is carried the notice of motion for the address shall not be moved and it shall be removed from the Notice Paper.

(h)

If the House votes to disagree with the Speaker’s opinion, the notice of motion shall be dealt with as if the Speaker had granted it precedence.

(i)

Following the moving of the motion for the address:

(i)

the debate on the motion must be immediately adjourned;

(ii)

the Speaker must immediately refer the allegations in the motion, together with all materials tabled with it and any response by the justice, to the Parliamentary (Judicial Behaviour or Incapacity) Commission; and

(iii)

until the House receives a report from the Commission on the matter referred no further debate on the motion shall be permitted.

(j)

When the Speaker receives the report of the Commission on the matter referred, he or she must, as soon as practical, present the report to the House. A copy of the report shall be provided to each Member, and arrangements made for the inspection by any Member, at his or her request, of any original document or exhibit referred to in the report.

(k)

If the report of the Commission concludes that facts do not exist amounting to proved misbehaviour or incapacity such as would warrant the removal of the justice, there shall be no further debate on the motion for the address and it shall be removed from the Notice Paper.

(l)

If the report of the Commission concludes that facts exist amounting to proved misbehaviour or incapacity such as would warrant the removal of the justice, debate on the motion shall resume immediately and the debate shall be given priority over all other non-urgent parliamentary business until disposed of.

(m)

Before the question on the motion for the address is put to the House for decision, the justice whose conduct is the subject of the report, or counsel on his or her behalf, shall be permitted to address the House from the Bar of the House, if he or she so requests.

(n)

A Member who, deliberately or recklessly, puts forward baseless allegations against a justice under this standing order is guilty of contempt of the House,

(o)

In addition to action under any other procedures available to punish contempts, a Member who, in the opinion of the House has deliberately or recklessly put forward baseless allegations against a justice under this standing order shall be suspended from the service of the House, on motion being moved without notice, for a period of 14 days, or such greater period as may be specified in the motion.