Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Health Insurance Amendment (Medicare Dental Services) Bill 2007

Health Legislation Amendment Bill 2007

Higher Education Support Amendment (Extending FEE-HELP for VET Diploma and VET Advanced Diploma Courses) Bill 2007

Indigenous Education (Targeted Assistance) Amendment (Cape York Measures) Bill 2007

National Health Security Bill 2007

Social Security Amendment (2007 Measures No. 2) Bill 2007

Social Security Legislation Amendment (2007 Budget Measures for Students) Bill 2007

Tax Laws Amendment (2007 Measures No. 6) Bill 2007

Trade Practices Amendment (Small Business Protection) Bill 2007.

I table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements of reasons read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

HEALTH LEGISLATION AMENDMENT BILL

Purpose of the Bill

The bill corrects an unintentional requirement that in the course of deciding an application for registration the Private Health Insurance Administration Council (PHIAC) must refuse the application if the rules of the private health insurer, relating to both health insurance business and health related business, permit improper discrimination.  The improper discrimination provisions have always applied to health insurance business which is insurance products that cover hospital and general treatment.  Health related business covers overseas visitors’ health cover, dental and optical clinics.  It was not intended to subject health related business to the improper discrimination provisions. Unless an amendment is made it will have a particular impact upon the provision of insurance to overseas visitors and could mean that private health insurers are not prepared to offer overseas visitors’ health cover.

Two provisions in the Private Health Insurance Act 2007 (PHI Act), unintentionally require health insurers to community rate overseas visitors’ health cover. This was not the policy intention, and amendments need to be made to a provision regarding re-registration and an offence provision in the PHI Act to allow health insurers to risk rate these products.  Health insurers will then be able to compete on a level playing field with general insurers who offer overseas visitors’ health cover.

Amendments to the PHI legislation are also required to provide that APRA regulation and FSR requirements of overseas students’ health cover do not come into effect until 1 July 2008. This would align overseas students’ health cover with overseas visitors’ health cover (which is not subject to APRA regulation or FSR requirements until 1 July 2008), and would give the affected insurers enough time to change their business practices to comply with the new requirements.

To allow pharmacists to continue to substitute other brands of other pharmaceutical items of the same drug that are marked as equivalent and are considered to be interchangeable in the Schedule of Pharmaceutical Benefits. An unintended consequence of the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2007, which amended the National Health Act 1953, was to inadvertently restrict this substitution, which is an important element of the Pharmaceutical Benefits Scheme. Restricting pharmacists from carrying out this role will have adverse effects on pharmacists, consumers and the pharmaceutical industry.

This amendment will restore the substitution of pharmaceutical items to its original legislative and policy intent.

Reasons for Urgency

Prior to the enactment of the PHI Act overseas students’ health cover did not have to meet the requirements of general insurance and was not subject to APRA standards or FSR regulation.  APRA has raised concerns that in effect the overseas students’ providers may be offering general insurance without a general insurance license, which attracts a criminal penalty of $35,000 a day.

The measures concerning the PBS needs to be implemented in time for the release of the October Schedule of Pharmaceutical Benefits to insure minimum disruption for pharmacists, consumers and the pharmaceutical industry.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

HIGHER EDUCATION SUPPORT AMENDMENT (EXTENDING FEE-HELP FOR VET DIPLOMA, ADVANCED DIPLOMA, GRADUATE DIPLOMA AND GRADUATE CERTIFICATE COURSES) BILL 2007

Purpose of the Bill

The Bill sets up the arrangements and appropriation to extend FEE-HELP assistance to full-fee paying students at the VET diploma level qualifications and above at registered training organisations, including TAFEs and private providers.

As this Budget measure is an extension of FEE-HELP in the higher education sector, this amendment is based substantially on the existing FEE-HELP mechanisms already in the Higher Education Support Act.

Reasons for Urgency

The legislation needs to be enacted to allow training providers as much lead time as possible to permit the introduction of FEE-HELP from 2008 as indicated in the budget.

Delay in the passage of the Bill will cause considerable disruption to students planning for study during the 2008 academic year.

Students may consider deferring study until FEE-HELP is available resulting in an adverse financial impact on training providers.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

INDIGENOUS EDUCATION (TARGETED ASSISTANCE) AMENDMENT (Cape York MEASURES) BILL 2007

Purpose of the Bill

This proposal is part of a package being put forward by the Cape York Institute for Policy and Leadership under an Indigenous Welfare Reform trial design phase, funded by the Australian Government. 

The purpose of this Bill is to amend the Indigenous Targeted Assistance Act 2000 Act to provide additional education support in the Cape York communities of Coen, Hope Vale, Aurukun, and Mossman Gorge by:

• embedding the MULTILIT (Making Up for Lost Time in Literacy) teaching methodology and Tutorial Centres to enhance literacy teaching practice and literacy standards in Cape York schools; and
• implementing Student Education Trusts (SETs) to enable parents/guardians to save to financially support their child’s education.

Reasons for Urgency

The amendments for increased funding for the 2008 year are required by 1 January 2008 to enable the Cape York Institute for Policy and Leadership to implement MULTILIT and SETs in the four identified communities in Cape York prior to the commencement of the 2008 school year. 

It is critical that the increased funding is made available to the Cape York Institute with as much lead time as possible to permit the appropriate delivery of MULTILIT and SETs for these students from the beginning of 2008.

It is highly desirable that the additional funding for the initiatives be available from the beginning of the school year to ensure minimal disruption in implementation.  As increased funding is regarded an urgent priority in the Cape York region of Queensland to assist disadvantaged students, delays in implementation may cause adverse public reactions.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

NATIONAL HEALTH SECURITY BILL

Purpose of the Bill

The bill provides the basis for a national framework for the management of Australia’s response to public health events of national and international concern.

The bill establishes a national register of laboratories holding hazardous biological materials and makes the legislative changes needed for Australia to comply with the core provisions of the International Health Regulations (2005) (IHR (2005)).  These include the need to address privacy concerns related to the collection and sharing of health data between jurisdictions, the Commonwealth and the World Health Organization.

Reasons for Urgency

Australia’s response to national public health emergencies has been characterised by strong collaboration, cooperation and coordination between the states, territories and the Commonwealth.  However, the 21st century has introduced a new era of public health challenges for Australia and the global community.  The bill provides for certainty in consultation and cooperation between all Australian governments.

The bill gives certainty to implementation of IHR provisions for the exchange of health surveillance information, which entered into force on 15 June 2007.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

SOCIAL SECURITY AMENDMENT (2007 MEASURES No. 2) BILL

Purpose of the Bill

The bill makes various amendments to social security law. It expands eligibility for automatic exemptions from participation requirements to principal carers who are relatives (other than parents) caring for a child under a parenting order under the Family Law Act 1975.

Section 12 of the Social Security (Administration) Act 1999 does not operate as intended and the amendments to section 12 remove ambiguity and limit retrospectivity of transfers to other payments and access to closed payments.

The bill also reinforces the role of the Job Capacity Assessor (JCA) in assessing work capacity and applying impairment tables for people with disability or temporary incapacity.  Amendments ensure appropriate income support decisions and reviews of these decisions under social security law, which will clarify and uphold the role of JCA providers.

A minor technical amendment to section 1237AAD of the Social Security (Administration) Act 1999 is also included in the bill, with a view to streamlining administrative arrangements.

Reasons for Urgency

The bill is in part a response to the ruling of the Federal Court concerning the operation of section 12.  The early passage of the bill will provide certainty to those affected.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING sittings

SOCIAL SECURITY LEGISLATION AMENDMENT (2007 BUDGET MEASURES FOR STUDENTS) BILL 2007

Purpose of the Bill

The Bill makes amendments to the Student Assistance Act 1973, the Social Security Act 1991 and the Income Tax Assessment Act 1997 to implementation measures announced in the 2007-08 Budget.  The Bill also makes amendments to streamline the administration of these Acts.

The measures are:

• Extending Rent Assistance to Austudy students
• Extending Youth Allowance and Austudy to approved professionally oriented coursework masters programmes
• Amending the Tax Act to exclude payments under the ABSTUDY Crisis and Bereavement payments from the definition of income.

Reasons for Urgency

The legislation needs to be enacted to allow Budget measures to commence on 1 January 2008 so as to support students for the 2008 academic year.  Students who have planned their future study intentions on the basis of Budget announcements for 2008 should be able to rely on receiving these payments from that date.

Without enabling legislation, the Determination of Education Institutions and Courses to support the measures and technical changes to the Centrelink operating environment to implement these measures cannot proceed.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

TAX LAWS AMENDMENT (2007 MEASURES No. 6) BILL 2007

Purpose of the Bill

The Bill amends various taxation Acts.

Reasons for Urgency

These measures need to be enacted as early as possible to provide certainty for business and taxpayers in relation to how the law applies.  Passage in this sitting is required as several of the measures are retrospective or are to commence in 2007.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

TRADE PRACTICES AMENDMENT (SMALL BUSINESS PROTECTION) BILL 2007

Purpose of the Bill

The bill amends section 87 of the Trade Practices Act 1974 (the Act) to allow the Australian Competition and Consumer Commission (ACCC) to take representative action in relation to sections 45D and 45E of the Act, affording business, particularly small businesses, enhanced protection from unlawful secondary boycotts.

Reasons for Urgency

Passage of the bill in the Spring sittings would allow the benefits to businesses contained in the bill to commence without delay.

Passage of the bill will allow the ACCC to seek compensation for illegal boycott activities on behalf of businesses that may otherwise not have the time or resources to enforce their legal right.  By doing so the bill improves the access of such businesses to remedies under the Act.

A delay in the passage of the bill may deny an effective remedy to businesses that suffer loss or damage as a result of an unlawful activity.

Senator Bob Brown to move on the next day of sitting:

That the Senate—

(a)

notes the death of Australia’s grand old man of the environment, Mr Vincent Serventy, aged 91;

(b)

expresses its condolences to Mr Serventy’s wife, Carol, family and friends;

(c)

celebrates Mr Serventy’s life and achievements, from his early success in saving the Dryandra Forest in Western Australia to his role in helping save the Great Barrier Reef, and his ongoing efforts to establish ten green commandments, through a global bill of rights for the environment; and

(d)

recognises that Mr Serventy, as a bushman, educator, author, filmmaker and President of Honour of the Wildlife Preservation Society of Australia, made a remarkable contribution to Australia’s environmental well-being.

Senator Nettle to move on the next day of sitting:

That the Senate—

(a)

notes:

(i)

the current visit to Australia of representatives of the Carteret Islanders of Papua New Guinea,

(ii)

that rising sea levels, caused by climate change, threaten the viability of the Carteret Islands, and

(iii)

the urgent need to relocate the population of the Carteret Islands; and

(b)

calls on the Australian Government to provide financial assistance to facilitate the relocation of Carteret Islanders.