Mitch Fifield (Victoria, Liberal Party, Manager of Opposition Business in the Senate) Share this | Hansard source

I realise that time is short so I will make just a few quick observations about the Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011. This bill is essentially the one that was put forward by the Leader of the Opposition, Mr Abbott, and that was introduced into this chamber as a private senator's bill by Senator Brandis on behalf of Mr Abbott.

It is gratifying that the government saw the merit in Mr Abbott's proposal and picked that up. That is a good thing. That is, to some extent, the impact that private senator's bills and private member's bills can have in this place. Individual members and senators, even the opposition, can put forward a good idea. We never complain on this side when the government picks up a good idea. There is one slightly disappointing aspect though, and that is after the government indicated that they thought this legislation was a good idea it took the best part of 12 months before the bill was brought forward, put in a place where it could be debated and where we could get to it. That was a little disappointing. Another element of disappointment with this piece of legislation is that one of the proposals put forward by Mr Abbott, that this legislation go back and cover the period before the Bali bombings, was not picked up by the government. The opposition did move amendments in the other place. Those amendments failed but we are still of the view that this is one area where it would be appropriate to have a retrospective element to the legislation. Not all retrospective acts of parliament are bad; some are good. In this instance I think there was a strong case to have a retrospective element.

I should point out that this bill was almost a casualty of the government's own guillotine. Last night we were in the situation where the House had already dealt with this bill but, because of technical matters related to the printing and transmission of the bill, it was not in a position to get to the Senate at the time that it was scheduled. If the opposition had not cooperated with the government, if we had observed the government's own guillotine motion, if we had insisted on the government's own guillotine motion being observed, that bill would have been effectively bounced from the guillotine into next week. There would have been a further delay of the passage of this legislation. I think that again just goes to show the folly of the guillotine and also the inadequacy of the government's management of this place.

Things are best done in this place by cooperation. We demonstrated that on Monday night when we facilitated the passage of 19 pieces of non-controversial legislation. We demonstrated that it is with cooperation that this place should operate when we agreed with the government last night to adjourn the Senate early so that this piece of legislation did not come on for debate. If it had, as I said, it would have been bounced to next Wednesday. Because we agreed with the government to adjourn early last night, it enabled the message, the transmission, to happen so that we could deal with this piece of legislation first up today. I think it is important that the chamber acknowledge the opposition's cooperation in that regard.

The essence of this bill is effectively to introduce a Commonwealth equivalent of state victims-of-crime legislation, but in this case to cover Australians who are injured overseas because of terrorist acts. We know from the Bali bombings that Australians are now targeted simply by virtue of being Australian, simply by virtue of their nationality. We know that the reason that happens is that they are seen to be representatives of a nation that has a particular value set, that believes in democracy, that believes in pluralism, that believes in the rule of law.

There are certain world views that find the rule of law and democracy and pluralism anathema. There are certain world views that find those things offensive. It was once said, and I think it probably is still said in Israel, that every Israeli citizen is, in effect, a front line soldier. That has been the view in Israel because Israeli citizens at home and abroad are often targeted because of their nationality, because they come from a nation that is a beacon of democracy in the Middle East. I am not saying Australians find themselves with quite the same existential threat that Israelis do, but we do now find ourselves in a situation more akin to that which Israelis have experienced, where Australians overseas are targeted because they are seen to be representatives of a pluralist democracy. That is a relatively new development and it is a situation where the Australian government I think does have a duty of care to Australian citizens.

Of course, the Australian government has a duty of care to assist Australian citizens around the world where they may be in distress. That assistance is rendered through consular and other measures. But there is now I think an additional appropriate duty of care for the Australian government to assist Australians who are victims of terrorism overseas with their expenses. There are models in state jurisdictions where victims of crime receive some compensation, some support, for what is a misfortune, for circumstances beyond their control. That is one of the core responsibilities of government—to assist their citizens who face additional challenges for reasons beyond their control. We see it in my own portfolio of disabilities. That is the heart of the rationale for government support in my portfolio. We see it in state jurisdictions in relation to victims of crime, and I think it is appropriate and long overdue that that same duty of care to Australian victims of terrorism who find themselves facing additional challenges from circumstances beyond their control be addressed.