Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) 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 various bills, as set out in the list circulated in the chamber, allowing them to be considered during this period of sittings.

Education Services for Overseas Students Legislation Amendment Bill 2010

Family Assistance Legislation Amendment (Child Care Budget Measures) Bill 2010

Health Insurance Amendment (Pathology Requests) Bill 2010

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

Leave granted.

The statements read as follows—

Education Services for Overseas Students Amendment Bill 2010

Purpose of the Bill

• To implement the Government’s initial response to a number of recommendations arising from the Review of the Education Services for Overseas Students (ESOS) legislative framework led by the Hon Bruce Baird AM as reported in February 2010. 
• Amend the Education Services for Overseas Students Act 2000 to:
• strengthen the requirements for registration of providers to have a greater focus on financial viability, business sustainability, governance and general capacity to uphold Australia’s reputation for quality education and training to international students
• introduce a consistent, comprehensive risk management approach to profile providers to determine the level of scrutiny that should apply at registration and throughout the registration period, as well as allowing conditions on registration and limiting the period of registration for each provider based on their risk profile
• strengthen regulation by increasing enforcement options available to regulators and publishing information about regulatory activity planned or undertaken.
• Amend the Ombudsman Act 1976 to:
• improve access by international students to a statutorily independent complaints body by expanding the jurisdiction of the Commonwealth Ombudsman to include providers without access to such a body.
• Amend the Privacy Act 1988 to:
• enable any complaints, made initially to the Privacy Commissioner, to be transferred to the Commonwealth Ombudsman.

Reasons for Urgency

To give priority to responding to recommendations in the ESOS Review conducted by the Hon Bruce Baird AM which will require timely changes to the Education Services for Overseas Students Act 2000 .

In light of ongoing pressures and concerns impacting on the international education industry related to a range of economic, policy and reputational factors, the findings of the Baird Review have highlighted the need to strengthen the gateway and regulation of providers of education services to overseas students.

The review also highlighted the need to ensure all international students have access to a robust complaints and appeals process regardless of whether they attend a public or private institution.

The Review report was released in February 2010 and stakeholders have an expectation that the Government will respond to the findings of the Review in a timely way.

Effect if Bill not dealt with in Spring sittings

The international education sector has faced significant challenges in the last 12 months.  In response to this, in June 2009 the Prime Minister, in her former capacity as Minister for Education, announced that she was bringing forward a review of the ESOS legislative framework to ensure that international students have a positive experience and the international education quality meets the high standards expected in Australia.

The inability to respond to these recommendations in the Spring 2010 sittings would mean that the momentum gained from the Government’s proactive initiative of bringing forward the ESOS Review will be lost.

Family Assistance Legislation Amendment (Child Care Budget Measures) Bill

Purpose of the Bill

The bill reduces the annual Child Care Rebate cap to $7500 and pauses annual indexation for four years from 1 July 2010.

The savings of $86.3 million will contribute to funding improvements to the quality of child care.

Reasons for Urgency

The first quarterly payment of the Child Care Rebate for 2010–11 will be made to families by Centrelink from 18 October 2010. With the bill on hold, the 1 July 2010 indexation of the Child Care Rebate annual cap has occurred. Passage of the bill will ensure that no over-payment of the Child Care Rebate entitlement is made to families.

The Government supports and has made a commitment to enact a Senate amendment to the bill to pay the Child Care Rebate fortnightly from 1 July 2011. The Government will amend the Family Assistance legislation to enable fortnightly payments in a separate bill in the 2011 Autumn sittings.

Health Insurance Amendment (Pathology Requests) Bill 2010

Purpose of the Bill

To improve patient choice by amending legislative restrictions relating to pathology request forms. Under the Health Insurance Act 1973 , a Medicare benefit is not payable for a pathology service unless the service is rendered pursuant to a written request from the patient’s treating practitioner. A Medicare benefit is generally not payable unless the patient attends the pathology provider named on the request form. This restriction would be removed, allowing patients to take a request form to any pathology provider of their choice.

Reasons for Urgency

The Bill gives effect to a 2009-10 Budget measure which was announced to commence from 1 July 2010. Passage in the Spring sittings is necessary for timely implementation of the new arrangements .

If the Bill is not passed in the Spring sittings, implementation will be delayed. Increased patient choice is intended to encourage pathology providers to compete on price and convenience for patients, and if the Bill is not passed in the Spring sittings these benefits will be delayed.

Senator Xenophon to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Foreign Acquisitions and Takeovers Act 1975 to control acquisitions of interests in agricultural land, and for related purposes. Foreign Acquisitions Amendment (Agricultural Land) Bill 2010.

Senator Boyce to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the provision of modern quality palliative care means no person with a terminal illness should die in pain, and

(ii)

the provision of modern quality palliative care affects end-of-life care arrangements; and

(b)

calls on the Government to ensure:

(i)

Australians have access to quality, modern palliative care when and as it is needed,

(ii)

adequate provisions are in place to make palliative care a fundamental part of our national healthcare system,

(iii)

the states, particularly Queensland, address the chronic under funding of palliative care services,

(iv)

government training programs for aged care and healthcare workers include appropriate end-of-life training and education, and

(v)

appropriate public education through greater awareness about the role of palliative care in the healthcare system and its contribution to the quality of life and death.

Senator Milne to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the global carbon budget to give us a 75 per cent chance of constraining global warming to less than 2^oC has been identified as in the order of 1 000 gigatonnes between 2000 and 2050, of which some 30 per cent has already been emitted, and

(ii)

there are various ways of sharing the task of meeting that global budget, depending on your view of equity; and

(b)

calls on the Government to set out the principles which underpin the negotiating position on burden sharing it will take to the United Nations Framework Convention on Climate Change meeting in Cancun that begins in the week beginning 28 November 2010.

• (b)calls on the Government to set out the principles which underpin the negotiating position on burden sharing it will take to the United Nations Framework Convention on Climate Change meeting in Cancun that begins in the week beginning 28 November 2010.