Nick Xenophon (SA, Independent) Share this | Hansard source

I will follow on from the remarks of Senator Marshall. I indicate that Senator Fielding has managed to negotiate—if that is the right word—a number of very helpful changes in relation to the issue of privacy. The concerns that he and others had with respect to privacy, I think, have been fundamentally addressed—and I commend him for that—without in any way, I believe, undermining the integrity or the intention of the right of entry provisions. Now, generally, there will have to be 24 hours notice, and there are safeguards in getting the permit in the first place. You have to give the reason why you are going in and, also, Fair Work Australia has a supervisory role in relation to all this—the decision can be contested. But there is a fundamental difference. The point has just been made very well by my colleague: this particular industry is an exception. It is not like any other type of industry. We are not talking about premises where there is a sign out the front, where there is a registered office or where, for the purpose of the Income Tax Act and the Corporations Law, the liability is attached to a particular address. These are backyard operators; these are operators where there is no safety net. These are operators who can just pack up and go elsewhere with literally a few hours notice.

Senator Marshall talked about effectiveness and made a very good point: what is the point of passing a law unless it is going to have some teeth and be effective? I know that Senator Fielding, in his advocacy for the vulnerable in the community, has a genuine concern for people—families—who are vulnerable. This particular amendment will make it effective. There are still safeguards in the legislation with respect to being required to obtain a permit or being required to reasonably suspect that the contravention has occurred or is occurring. If it is abused, then there are inbuilt sanctions with Fair Work Australia. But, if we want to tackle the evil of exploitation of outworkers by backyard operators and sweatshops, then this is an important and fundamental reform in order to do it. With the greatest respect, I urge Senator Fielding to consider this and give this a go because it is an important reform in relation to some of the most vulnerable and exploited workers in the community.