Dana Wortley (SA, Australian Labor Party) Share this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present report No. 89 of the committee, Treaties tabled on 7 August 2007, and move:

That the Senate take note of the report.

I seek leave to incorporate a tabling statement in Hansard.

Leave granted.

The statement read as follows—

Report 89 contains the Committee’s findings on three treaty actions: a Social Security Agreement with Japan, an Agreement with the Philippines on the Status of Visiting Forces, and an Agreement between Australia and the Hellenic Republic on Social Security.  The Committee found all three treaties to be in Australia’s national interest and has recommended that binding treaty action be taken. 

Mr President, the Social Security Agreement between Australia and Japan will improve access to the age pension for people who have moved between Australian and Japan during their working life. Currently, Australian citizens who have worked in Japan and paid contributions into the Japanese pension system are only eligible for a refund of their contribution of up to three years.  In other words, if you work in Japan and make contributions for 25 years you would only be eligible for a limited refund of up to three years.  Under the new Agreement Australian citizens will be given a choice of either taking the three year refund or accepting a part-pension based on their years of contribution or a combination of both.

This Agreement is based on the principle that underpins Australia’s other bilateral social security agreements, namely the sharing of responsibility between the Parties in providing adequate social security coverage for residents of both countries. 

Mr President, the Committee also reviewed the Status of Visiting Forces Agreement with the Philippines, a reciprocal document affording the same rights to Australian Defence Force personnel in the Philippines and armed forces of the Philippines personnel in Australia.

The Committee is supportive of increased defence cooperation with the Philippines, particularly in the areas of counter terrorism and maritime security contemplated by the Agreement. The Agreement will allow Australia and the Philippines to undertake joint exercises and provide an internationally recognised means to resolve any disputes that may arise from the presence of one country’s forces in the territory of the other.

The third treaty reviewed by the Committee in this Report, the Social Security Agreement with the Hellenic Republic, will improve income support for people who have lived in Australia and Greece. Similar to the Agreement with Japan, the Agreement with Greece allows age pensioners who live in either country to claim their entitlement to pensions from both countries. The Committee tabled its recommendations in relation to this Agreement in Report 88 to allow implementation to proceed quickly.

The Agreement with Greece incorporates the key principle of shared responsibility for providing social security coverage for current and former residents of both countries.  It should be noted, however, that the Agreement has a unique formula for calculating the rate of the Australian age pension for those who live permanently in Greece. For the first time, many former Australian residents already living permanently in Greece without the Australian Age Pension will be able to claim the Age Pension upon commencement of the Agreement. Under this formula, people currently residing in Greece without a pension may receive a different rate then to those who return to Greece after the Agreement commences operation. A formula such as this has not been used in any of Australia’s other bilateral social security agreements.

Finally Mr President, Report 89 also includes the Committee’s decisions on the first treaties tabled in a new category, Category 3.

Category 3 treaties were established recently by the Committee in cooperation with the government. They are non-substantive treaty actions – mainly minor/technical amendments to existing treaties—which do not impact significantly on the national interest. Category 3 treaty actions are tabled with a one-page explanatory statement and the Committee has the discretion to formally inquire into these treaty actions or indicate its acceptance of them without a formal inquiry and report.

Report 89 lists, in Appendix E, five category 3 treaties that the Committee has resolved not to formally inquire into. The Committee intends to continue to notify the Parliament of its decisions on Category 3 treaties in appendices to its future reports and through the Committee’s website.

The Committee supports the Social Security Agreement with Japan, the Status of Visiting Forces Agreement with the Philippines, and the Social Security Agreement with the Hellenic Republic. The Committee recommends binding treaty action be taken in relation to all three agreements as quickly as possible so that Australians who may access the provisions of the Agreements once they have entered into force will have the opportunity to do so without delay. 

Mr President, I commend the report to the Senate.

Question agreed to.