Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) 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 Health Insurance Amendment (Professional Services Review) Bill 2012, allowing it to be considered during this period of sittings.

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

Leave granted.

The statement read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 WINTER SITTINGS

HEALTH INSURANCE AMENDMENT (PROFESSIONAL SERVICES REVIEW) BILL

Purpose of the Bill

The purpose of the bill is to amend the Health Insurance Act 1973 (the Act) to improve the efficiency of the Professional Services Review (PSR) Scheme and broaden its scope by:

The bill would also enable the Director of the PSR agency to re-refer matters to a new PSR Committee process if the person under review has successfully challenged a previous PSR process on the grounds that a person was not validly appointed as a PSR Panel member or Deputy Director. The PSR is a scheme set up under Part VAA of the Act to protect the integrity of the Medicare and pharmaceutical benefits programs.

Reasons for Urgency

The bill is necessary to retrospectively validate actions taken under the Act and any flow on acts that have been brought into question as a result of the Full Federal Court's decision in Kutlu. In Kutlu the Court held that failing to consult with the Australian Medical Association as required by the Act invalidated appointments of a number of PSR Panel Members and Deputy Directors and all PSR processes involving the invalidly appointed Panel members and Deputy Directors. The validating provisions of the bill will not affect the rights and liabilities of parties to proceedings for which leave to appeal to the High Court has been granted before the bill is assented to, if the validity of PSR Panel member or Deputy Director appointments is in issue in those proceedings.

If the bill does not pass Parliament by the end of the 2012 Winter sittings, there is a risk that further litigation may proceed and any PSR decisions before the court may be ruled invalid and may expose the Commonwealth to further costs.

Senator Xenophon To move:

That the Senate notes the interim report of the International Observer Group on elections in Malaysia, dated 29 April 2012.

Senator Bob Brown To move:

That the following bill be introduced: A Bill for an Act to provide for the protection of koalas and their habitat, and for related purposes. Koala Protection Bill 2012.

Senator Ludlam To move:

That the Senate—

  (a)   notes that:

     (i)   on 5 May 2012, the President of the Bahrain Center for Human Rights and the Director of the Gulf Center for Human Rights, Mr Nabeel Rajab, was arrested on arrival at Manama airport from Lebanon, and

     (ii)   Mr Rajab has been charged with 'cyber incitement' essentially for promoting the culture of human rights through the online media, especially Facebook and Twitter; and

  (b)   calls on the Government to make direct representations to Bahraini authorities for the immediate release of Mr Rajab and for democratic reforms in Bahrain.

Senator Ryan To move:

That the Senate—

  (a)   commends:

     (i)   the Victorian Government on establishing a Code of Practice for the building and construction sector, and

     (ii)   the Council of Australian Governments for agreeing that the heads of Treasuries conduct a review into the costs associated with construction projects; and

  (b)   calls on the Federal Government to commit to taking the findings of any such report seriously.

Senators Wright and Di Natale To move:

That the Senate—

  (a)   notes that:

     (i)   14 May to 20 May 2012 is Schizophrenia Awareness Week, and

     (ii)   people with severe mental illness can, on average, die up to 25 years earlier than the rest of the community and are at a higher risk of experiencing physical illness;

  (b)   recognises that:

     (i)   diabetes occurs in approximately 15 per cent of people with schizophrenia, a rate three times higher than in the general population, and

     (ii)   after 5 years, 28 per cent of people with respiratory disease or chronic obstructive pulmonary disorder who also have schizophrenia have died, compared with 15 per cent of people with no serious mental health problems; and

  (c)   calls on the Government to show leadership in making the physical health issues of people with mental illness a national health priority.

Senator Abetz To move:

That the Senate—

  (a)   notes that:

     (i)   Fair Work Australia's investigation into the Health Services Union and the Member for Dobell (Mr Thomson) has taken an unreasonably long time,

     (ii)   the Member for Dobell expected Fair Work Australia to conduct its investigation within 6 months,

     (iii)   Australians have lost faith in Fair Work Australia to conduct itself in a quick and proper manner,

     (iv)   under the Fair Work (Registered Organisations) Act 2009, enacted by the then Minister for Education, Employment and Workplace Relations (Ms Gillard), the provisions for accountability and transparency are far less than the standard expected of company directors, and

     (v)   the Coalition has a plan for better accountability and transparency for registered organisations; and

  (b)   calls on the Government to adopt the Coalition's plan for better accountability and transparency for registered organisations.

Senator Siewert To move:

That general business order of the day no. 55, relating to the Live Animal Export (Slaughter) Prohibition Bill 2011 [No. 2], be discharged from the Notice Paper.

Senator Siewert To move:

That the Senate—

  (a)   notes that:

     (i)   stromatolites are the oldest living organisms in the world,

     (ii)   Western Australia's Hamelin Pool contains the most diverse range of stromatolites in the world, is one of only three places on Earth where you can see living marine stromatolites, and these stromatolites are one of the major reasons for Shark Bay's World Heritage Listing, and

     (iii)   the recent decision by the Department of Sustainability, Environment, Water, Population and Communities to allow American researchers to cut down and remove 45 stromatolites from Hamelin Pool, would have a significant impact on the heritage values of the area if carried out; and

  (b)   calls on the Government to reassess this decision as a matter of urgency and prevent this or any other removal of stromatolites from going ahead.

Senator Back To move:

That the Senate—

  (a)   notes that:

     (i)   the Prime Minister (Ms Gillard) said in the 2010 election campaign that achieving harmonised occupational health and safety laws was her greatest achievement, and

     (ii)   harmonisation of occupational health and safety laws has not taken place; and

  (b)   calls on the Prime Minister to advise the Australian people, in light of this, if the carbon tax is now her greatest achievement.

Senator Fifield To move:

That the Senate notes the 2012-13 Federal Budget does nothing to strengthen the Australian economy in the face of storm clouds on the global horizon, as it:

  (a)   fails to cut spending;

  (b)   increases taxes;

  (c)   lifts the debt ceiling to $300 billion; and

  (d)   imposes the world's largest carbon tax.

Senator Collins To move:

That, on Thursday, 10 May 2012:

  (a)   the hours of meeting shall be 9.30 am to 6.30 pm and 8 pm to adjournment;

  (b)   the routine of business from 3.30 pm to not later than 4.30 pm shall be statements relating to the imminent retirement of Senator Sherry;

  (c)   the routine of business from 6 pm to 6.30 pm shall be the tabling and consideration of committee reports; and

  (d)   the routine of business from 8 pm shall be:

     (i)   Budget statement and documents—party leaders and independent senators to make responses to the statement and documents for not more than 30 minutes each, and

     (ii)   adjournment.

Senator Bilyk To move:

That the Joint Select Committee on Cyber Safety be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 20 June 2012, from 4.15 pm to 5.30 pm.

Senator Birmingham To move:

That the Joint Standing Committee on Treaties be authorised to hold a public meeting during the sitting of the Senate on Monday, 18 June 2012, from 10 am to 12.30 pm

Senator Singh To move:

That the Joint Standing Committee on Migration be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 20 June 2012, from 10.30 am to 12.30 pm.

Senator Thistlethwaite To move:

That the Joint Committee of Public Accounts and Audit be authorised to meet during the sitting of the Senate on Wednesday, 27 June 2012, from 11.30 am to 12.15 pm, for a private briefing.

Senator Thistlethwaite To move:

That the Joint Committee of Public Accounts and Audit be authorised to hold public meetings during the sittings of the Senate, as follows:

  (a)   on Wednesday, 20 June 2012, from 11.30 am to 1 pm; and

  (b)   on Wednesday, 27 June 2012, from 12.15 pm to 1 pm.

Senator Thistlethwaite To move:

That the Joint Committee of Public Accounts and Audit be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sittings of the Senate, from 11 am to 11.30 am, as follows:

  (a)   on Wednesday, 20 June 2012; and

  (b)   on Wednesday, 27 June 2012.

Senator Colbeck To move:

That the Senate—

  (a)   recognises:

     (i)   that areas of Tasmanian forest that have been logged have the potential to recover quickly, and

     (ii)   the rich biodiversity that can exist in areas of Tasmanian forest that have been logged, including waratahs, massive flowering displays, masses of birdlife, devils, quolls and wombats; and

  (b)   acknowledges that native forest industry based activities and vibrant, biodiverse forests are not mutually exclusive.

Senator Milne To move:

That the Senate—

  (a)   notes:

     (i)   the Tripa forest in Sumatra, an area covered by a 2-year moratorium on new forest-clearing concessions, is being burnt by deliberately lit fires and cleared in order to make way for palm oil concessions,

     (ii)   the forest is home to people and wildlife and stores massive quantities of carbon, and is also home to the largest concentration of Sumatran orang-utans,

     (iii)   that leading experts believe the loss of the Tripa forest could lead to the local extinction of Sumatran orang-utans by the end of 2012, and international primate experts such as Ms Jane Goodall and Mr Richard Leakey have called for the protection of the Tripa forest,

     (iv)   that humanitarian and conservation organisations working within the region have reported that villagers are suffering from health problems associated with the burning and have been subjected to intimidation from both palm oil companies and Indonesian police,

     (v)   the chair of President Yudhoyono's task force on forests and carbon has expressed concern that 'opening up Tripa – an area with high conservation value and home to many animals endemic to Indonesia – is a grave mistake',

     (vi)   while the Indonesian Government has launched a police investigation into the criminal activity in the area, palm oil companies continue to illegally clear protected forest, a process that has destroyed countless livelihoods,

     (vii)   Australia is a significant consumer of palm oil from South East Asia, particularly Indonesia, as Australia imports 130 000 tonnes of palm oil each year,

     (viii)   the Tripa forest crisis has received major international news coverage in publications such as Time Magazine, Voice of America, the Guardian, the Australian, the Sydney Morning Herald, and the Independent, and

     (ix)   many conservation groups in Indonesia regard Tripa as a test case that will determine the future of the $1 billion agreement on carbon and forests between Norway and Indonesia;

  (b)   welcomes the Indonesian Government's investigations of law-breaking in Tripa forest in early May 2012; and

  (c)   calls on the Australian Government to request the Indonesian Government to fully enforce the law that protects this important region and cease all clearing in the Tripa forest.