Concetta Fierravanti-Wells (NSW, Liberal Party, Parliamentary Secretary to the Minister for Social Services) Share this | Hansard source

I present two government responses to committee reports as listed at item 15 on today's Order of Business. In accordance with the usual practice, I seek leave to have the documents incorporated in Hansard.

Leave granted.

The documents read as follows—

Australian Government response to the Senate Economics References Committee report:

Inquiry into Ticket scalping in Australia

June 2014

BACKGROUND

On 11 December 2013, the Senate referred the issue of ticket scalping to the Senate Economics References Committee (the Committee), in particular its prevalence and impact on ticket prices; the efficacy of existing regulations; and issues of illegality.

This is not the first review of ticket scalping in Australia. The Commonwealth Consumer Affairs Advisory Committee (CCAAC), an expert advisory council on consumer policy matters, was provided terms of reference to examine this issue in December 2009. The CCAAC finalised its report, Ticket on-selling in the Australian market, in November 2010, and it is available on its website at http://ccaac.gov.au.

The CCAAC found, among other things that '[t]he incidence of unauthorised ticket on-selling in Australia is very low, due to few sold out events in Australia each year, where sell out events and sell out ticket category or seating type are a precondition for a strong secondary market'. They also found that while 'ticket on-selling does not cause significant consumer detriment…there are concerns about specific issues related to on-selling…includ[ing] issues such as the transferability of tickets, transparency in ticket allocation and fair access to tickets'.

In this respect, the CCAAC found that ticket on-selling can have both benefits and costs for businesses and consumers. For example, it can provide consumers 'greater access to tickets, convenience and the ability to transfer tickets', and it helps businesses increase 'publicity, revenue and attendance at events'. At the same time, it can prevent certain business objectives in pricing tickets, such as providing fans with affordable tickets, and it can have risks for consumers, including the potential for counterfeit tickets.

The Australian Consumer Law (ACL), which is set out in the Competition and Consumer Act 2010, provides a number of important protections for consumers with respect to ticket on-selling. For example, it prohibits suppliers of on-sold tickets from making misleading or deceptive statements regarding whether the tickets they are on-selling are authorised or will provide entry to a particular event. It also includes a set of consumer guarantees, which are aimed at ensuring that consumers get what they paid for. The CCAAC's report identified that the existing consumer protection framework was 'adequate to protect consumers from unfair trading practices in the ticket market'.

The protections in the ACL are supported by specific requirements at all levels of Government. In particular, the CCAAC's report identified certain event or venue specific laws at state and territory level. Australia has previously also implemented specific legislation for events such as the Olympic Games hosted by Sydney in 2000 where additional Commonwealth regulation may have been warranted.

The Government does not consider that there is a need to amend the law with respect to ticket on-selling at this time. In this respect, the Government notes that the Australian Competition and Consumer Commission's (ACCC's) data identifies that it has only received around 50 complaints regarding this issue in the four years since the ACL came into force (on 1 January 2011). By comparison, it received over 185,000 contacts in FY 2012-13 alone. The Government also notes that the majority finding of the Committee was that it 'does not see any need for more regulation of the ticketing industry at the moment'.

At the same time, the Government would support any industry initiatives that further strengthened the market for tickets, including the primary market for tickets.

SUMMARY OF GOVERNMENT RESPONSE

The Government notes that the recommendations in the report are broadly for the industry or the Australian Competition and Consumer Commission (ACCC), which is an independent statutory authority, to undertake steps to further improve the market for tickets in Australia.

The Government would support any action that resulted in net benefits for consumers in Australia seeking to purchase tickets. However, it would primarily be a matter for businesses and the ACCC to determine how they respond in this respect.

GOVERNMENT RESPONSE TO MAJORITY REPORT RECOMMENDATIONS

Recommendation 1

The committee recommends that both COMPSS and LPA review the criticism that has been levelled at the primary market identified in this report and consider how event holders and promoters could adopt or revise a code of best practice to address the criticism.1 The committee notes particularly the desirability of having greater transparency in the way in which tickets are issued and distributed.

The committee supports the Ticket Brokers Association's suggestion that an industry-wide standard of conduct be established. It recommends that the Australian Competition and Consumer Commission (ACCC) be consulted during the development of this code.

The Government notes this recommendation.

The ACCC can provide guidance to industry participants to help them to develop any industry initiatives to this issue. In particular, its Guidelines for developing effective voluntary industry codes of conduct, which is based on its experiences in using codes of conduct to regulate market behaviour, may be useful to the industry in developing any industry initiatives.

Recommendation 2

The committee recommends that the ACCC consult with the major participants involved in the sale and re-sale of tickets to sporting and entertainment events with a view to identifying areas where consumer education needs to be strengthened. The aim then would be to devise a consumer education strategy that would arm consumers with the information they need to protect themselves against poor practices in the industry and unscrupulous ticket scalpers.

The committee recommends that, based on the findings of this consultation, the major participants (and their representatives) in the primary and secondary ticketing markets, revise or develop a code of best practice that places a heavy emphasis on, and seeks to strengthen, consumer education.

The Government notes this recommendation.

As an independent statutory authority, the ACCC is responsible for setting its own operational priorities. Its responsibilities include administering and enforcing the requirements of the Competition and Consumer Act 2010.

The ACCC's compliance and enforcement policy is available on its website, at www.accc.gov.au. It notes in its policy that it 'makes comprehensive use of educational campaigns to provide information and advice to consumers and businesses, and to use persuasion to encourage compliance with the Act'.

It also notes that it 'provides targeted and general information, tips and tools to help consumers via a wide range of channels; [and] it liaises extensively with business, consumer and government agencies about the Act and the ACCC's role in its administration'.

Recommendation 3

The committee recommends that the ACCC, as lead agency, coordinate with the states' Fair Trade Offices to obtain a more accurate understanding of ticket scalping practices within the industry across Australia and the significance for Australia, if any, of overseas trends. The aim would be to:

The Government notes this recommendation.

The Australian Consumer Law (ACL), which commenced on 1 January 2011, harmonised provisions scattered across 20 national, state and territory consumer laws into one law. It means that all consumers in Australia have the same rights and all businesses have the same obligations, irrespective of where they transact.

This national approach to consumer protection is supported by the systems put in place by ACL regulators to create a national approach to administering and enforcing the ACL. In particular, ACL regulators regularly consult and communicate about their priorities and developments in the marketplace, as well as how they will handle and manage concerns in different markets.

This new national approach, which is underpinned by a memorandum of understanding (MOU) agreed by all ACL regulators, means that ACL regulators can consider matters such as this in a comprehensive manner.

Recommendation 4

The committee recommends that the ACCC consult with the states' Fair Trade Offices to review the procedures for reporting and acting on complaints or concerns about purchasing tickets to sporting or entertainment events, in order to ascertain:

If the consultations uncover weakness, the committee recommends that the ACCC work cooperatively with the states towards remedying the identified deficiencies.

The Government notes this recommendation.

The MOU agreed between ACL regulators includes a number of elements aimed at improving coordination between regulators. This includes a commitment by regulators to communicate, cooperate and coordinate with one another in relation to monitoring and enforcing the ACL, and to support the effective sharing of relevant information.

These commitments have been in operation since the ACL commenced and we would not expect that there would be significant concerns with cooperation or information sharing between ACL regulators. The MOU is available on the Consumer Law website, at www.consumerlaw.gov.au.

Recommendation 5

The committee also recommends that, based on the results of the consultations and if required, the ACCC revise the advice it provides to consumers regarding the purchase of event tickets in both the primary and secondary markets.

The Government notes this recommendation.

Guidance material prepared by ACL regulators to educate consumers regarding the requirements of the consumer policy framework is ordinarily updated to reflect new developments, including the outcomes of any consultations with businesses or other government agencies.

Recommendation 6

The committee recommends that, in light of the growing sophistication in software, the Federal Government ensure that the effects of such advances on the primary and secondary ticket markets are monitored.

The Government notes this recommendation.

The ACCC monitors compliance with the ACL in all sectors of the economy (including the market for tickets), in accordance with its enforcement and compliance policy.

GOVERNMENT RESPONSE TO MINORITY REPORT RECOMMENDATIONS

Recommendation 1

That there be federal laws amending the Australian Consumer Law to outlaw ticket scalping and to empower consumers on the basis set out in paragraphs a) to f) above.

The Government does not accept this recommendation.

As identified earlier in this Government response, there is no basis for considering a regulatory response to this matter at this time. In particular, as the majority report identified, there is little firm evidence on the extent of ticket on-selling in Australia. The ACCC's complaints data identifies that there is likely to be only a low level of consumer detriment associated with this issue at present.

Australian consumer agencies and regulators routinely monitor consumer policy matters such as this. If the issue of ticket on-selling became a greater issue in the future and impacted adversely on the market for tickets, that would provide an appropriate opportunity to reconsider whether to take a stronger response.

1 COMPSS is the Coalition of Major Professional and Participation Sports and the LPA is Live Performance Australia, which is the peak body for Australia's live performance industry.

AUSTRALIAN GOVERNMENT RESPONSE TO THE REPORT BY THE SENATE EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS REFERENCES COMMITTEE:

' Provision of Childcare '

MAY 2014

Preamble

The Australian Government welcomes the opportunity to respond to the report of the Senate Education, Employment and Workplace Relations References Committee: 'Provision of Childcare'.

On 25 November 2008, the Senate referred the following matters to the Committee for inquiry and report:

a. the financial, social and industry impact of the ABC Learning collapse on the provision of child care in Australia;

b. alternative options and models for the provision of child care;

c. the role of governments at all levels in:

i. funding for community, not-for-profit and independent service providers,

ii. consistent regulatory frameworks for child care across the country,

iii. licensing requirements to operate child care centres,

iv. nationally-consistent training and qualification requirements for child care workers, and

v. the collection, evaluation and publishing of reliable, up-to-date data on casual and permanent child care vacancies;

d. the feasibility for establishing a national authority to oversee the child care industry in Australia; and

e. other related matters.

The Committee tabled its report on 23 November 2009. The report contained ten recommendations made by the Committee and a further nine recommendations made by Senator Sarah Hanson-Young.

The Government is committed to establishing a sustainable future for a more flexible, affordable and accessible child care and early childhood learning market that helps underpin the national economy and supports the community, especially parent's choices to participate in work and learning and children's growth, welfare, learning and development.

As announced on 17 November 2013, the Government has established a Productivity Commission Inquiry into Child Care and Early Childhood Learning to report on and make recommendations about how the child care system can be made more flexible, affordable and accessible. The scope of the Inquiry is broad-ranging and will address many of the issues raised in the report's recommendations.

The Government thanks the Committee and the Senator for their recommendations.

RESPONSE TO RECOMMENDATIONS

PART 1 — RESPONSE TO RECOMMENDATIONS FROM THE COMMITTEE

Committee Recommendation 1

The committee recommends that further research be carried out regarding the possible adverse effects of commencing formal childcare at very young ages and for long duration, possibly in conjunction with bodies such as the Centre for Community Child Health.

Government Response: Noted

On 17 November 2013, the Australian Government announced that the Productivity Commission will undertake an Inquiry into Child Care and Early Childhood Learning.

In making its inquiry, the Productivity Commission has been asked to report on and make recommendations about the contribution that child care and early learning can make to child development.

The Productivity Commission will provide its final report to Government by the end of October 2014.

Committee Recommendation 2

The committee recommends the Government makes public detailed information pertaining to the use of Commonwealth funding by state and territory governments, to clarify the scope and impact of its promise to provide universal access of 15 hours per week of preschool services for all 4 year-olds in Australia in the childcare sector.

Government Response: Noted

The Australian Government has published information under the previous National Partnership Agreement on Early Childhood Education (2008-2013) on the outcomes required of state and territory governments to receive Commonwealth funding under the National Partnership.

The National Partnership and the bilateral agreements between the Australian Government and each state and territory under National Partnership are available at the Standing Council for Federal Financial Relations website http://www.federalfinancialrelations.gov.au/. These documents detail the scope of National Partnership requirements and each state and territory's implementation plan. State and territory reports against the agreed performance framework and their implementation plans are also available at the Australian Government Department of Education's website at http://education.gov.au/universal-access-early-childhood-education.

In the later years of the National Partnership, the Australian Bureau of Statistics (ABS) published data on preschool participation in Preschool Education Australia cat no 4240.0. Data collected in August 2013 was published by the ABS in Preschool Education Australia on 7 March 2014.

On 19 April 2013, the Council of Australian Governments endorsed the National Partnership Agreement on Universal Access to Early Childhood Education for the 18 months covering the period from 1 July 2013 to 31 December 2014. Under this National Partnership, the Australian Government allocated $655.6 million to state and territory governments. State and territory implementation plans under the current National Partnership are published on the Standing Council for Federal Financial Relations website http://www.federalfinancialrelations.gov.au/ when they are agreed.

Committee Recommendation Nos 3, 4, 5, 6 and 7

Committee Recommendation 3

Noting recent funding increases, the committee nonetheless recommends that there be further funding increases for ECEC.

Committee Recommendation 4

The committee recommends a substantial increase in the level of funds paid directly to childcare operators in particular areas of need, through programs such as the Inclusion Support Subsidy: services for disadvantaged children, such as children with additional needs or indigenous children; and services operating in rural and remote areas or areas of high unmet demand such as low socioeconomic areas.

Committee Recommendation 5

The committee recommends that economic modelling of various childcare funding models be carried out to establish the most efficient means of funding the quality provision of childcare services that meet the needs of families.

Committee Recommendation 6

The committee recommends that funding of childcare services continue to be increased and, following a review of the current funding models including economic modelling of alternative mechanisms, increases to funding be implemented in accordance with those funding mechanisms that are identified as most effective.

Committee Recommendation 7

The committee recommends that the government await the report of the Australia's Future Tax System Review Panel and recommendations within regarding the funding of the childcare sector. If no specific recommendations are made, the government should consider amending the current funding system based on the economic modelling to be carried out.

Government Response: Noted

On 17 November 2013, the Australian Government announced that the Productivity Commission will undertake an Inquiry into Child Care and Early Childhood Learning.

The Inquiry will be broad ranging, focusing on parents' choices, work and study needs, the needs of rural, regional and remote families, shift workers, out of pockets costs and the needs of vulnerable children. In particular, the Inquiry will examine the contribution that access to affordable, high quality child care makes to women's increased participation in the workforce and the ways in which care can be made more flexible to meet the needs of families.

The Government has asked the Productivity Commission to ensure that, where it makes recommendations for Government policies and funding, it does so within the existing funding parameters. It is important that the Government take a prudent approach to the spending of taxpayers' money, including on child care and early learning.

In examining the costs and benefits of Australia's child care and early learning system, the Commission may choose to model a range of possible scenarios as it examines what sort of system is optimal for Australia's economy, community and parents and how such a system is to be funded and by whom.

The Inquiry will consider payments to services, including those in areas of need, and rebates and subsidies available to families, including the Child Care Rebate and Child Care Benefit. The Commission will also make recommendations on options for enhancing the choices available to Australian families as to how they receive child care support, so that this can occur in the manner most suitable to their individual family circumstances. Mechanisms to be considered include subsidies, rebates and tax deductions, to improve the accessibility, flexibility and affordability of child care for families facing diverse individual circumstances.

The Productivity Commission will provide its final report to Government by the end of October 2014.

Committee Recommendation Nos 8, 9 and 10

Committee Recommendation 8

The committee recommends to the government the establishment of a new statutory body, widely representative of the sector, for the purposes of advising the minister on childcare policy and its implementation, with powers to oversee a uniform regulatory regime operating across states and territories.

Committee Recommendation 9

The committee recommends that, in the interest of greater transparency and accountability, the new statutory childcare body be responsible for the following:

(a) outlines the progress being made in these priority areas;

(b) details how Federal Government funding is being spent, especially by state and territory governments;

(c) details the state of the early childhood education and care sector including vacancy data, numbers of children with additional needs, information on staff, costs, usage, and other information that is already collected by Commonwealth Government agencies.

Committee Recommendation 10

The committee further recommends to the government that this recommendation be taken to COAG for its consideration, particularly in view of the need to establish within the national body clear lines of responsibility between national, state and local obligations in regard to regulation and compliance.

Government Response: Noted

Body to oversee uniform regulatory regime

The National Quality Framework for Early Childhood Education and Care (NQF) commenced on 1 January 2012 (except Western Australia where it commenced on 1 August 2012). The NQF is a national system for the regulation and quality assessment of child care and early learning services. It applies to most Long Day Care, preschool, Family Day Care and Outside School Hours Care services.

A key element of the NQF was nationally consistent implementation.

To assist in ensuring consistent implementation, the Australian and state and territory governments fund the Australian Children's Education and Care Quality Authority (ACECQA), an independent National Authority established under the Education and Care Services National Law Act 2010. ACECQA was established through the Council of Australian Governments (COAG) and came into effect on 1 January 2012.

ACECQA's key functions include:

The Department of Education, as the Commonwealth primary policy department responsible for child care and early learning, works with ACECQA and key early childhood focused stakeholders, as well as participating in working groups with state and territory counterparts, to discuss early childhood policy agenda, priorities and related benchmarks and outcomes.

Further information about ACECQA is available at www.acecqa.gov.au.

A review of the National Partnership Agreement on the National Quality Agenda for Early Childhood Education and Care is being undertaken in 2014 to assess the extent to which the objectives and outcomes of the National Partnership have been achieved. Among other things the review will examine the effectiveness of the governance arrangements for the National Quality Framework, including the role and structure of ACECQA, and the effectiveness of this body in contributing to effective and efficient implementation of the National Quality Framework.

Ministerial advice on child care policy and its implementation

The Government will establish a new Ministerial Advisory Council for the child care and early learning sector. The Council will be co-chaired by the Assistant Minister for Education and a respected sector expert and leader.

The Advisory Council will provide the Government with well-informed recommendations on proposed legislation and policies based on consultation with, and direct knowledge of, the sector.

The Council will convene at least once every six months and the Assistant Minister for Education will attend at least two meetings of the Council each year.

Transparency and accountability

The Government shares the Committee's interest in transparency and accountability. The Department of Education publicly reports on its progress in the implementation of the Government's child care policies through:

ACECQA reports on its operations through the publication of an annual report. In addition to the annual report:

PART 2—RESPONSE TO RECOMMENDATIONS FROM SENATOR HANSON-YOUNG

Senator Hanson-Young Recommendation 1:

That the Government establish nationally consistent ECEC standards that are linked to the quality cost drivers of more highly qualified staff; lower carer-to-child ratios of at least 1:3 for children up to 2 years old and 1:4 for children older than 2 years old and smaller groups.

Government Response: Not Agreed

The National Quality Framework (NQF) includes increased staff to child ratios agreed to by all State and Territory Governments.

The Australian Government supports the NQF and is working to ensure that its implementation does not cause administrative and staffing problems, which may be passed on as cost increases for families.

The Government is working closely with the states and territories, as well as the child care sector, to find practical ways to improve the implementation of the reforms without compromising the standard of quality provided.

The Government will seek the cooperation of the states and territories to consider whether to extend the deadline for staff qualifications and ratios in light of a shortage of qualified educators and to assess whether the implementation of staff to child ratios needs to be slowed.

The Government has also committed to a broader deregulation agenda aimed at reducing red tape for individuals, businesses and community organisations.

Senator Hanson-Young Recommendation 2:

That national standards be developed on minimum entry qualifications for staff, and the wages and conditions offered, to recognise that ECEC should be viewed for what it is, an essential service that provides education to our youngest Australians.

Government Response: Noted

The Government acknowledges the hard work and professionalism of early childhood educators and their important contribution to the development and wellbeing of children across Australia.

The NQF includes new educator qualification requirements which apply from 1 January 2014.

An application for an Equal Remuneration Order for early childhood educators is currently with the Fair Work Commission. The Government believes that the Fair Work Commission is the appropriate body to consider minimum wages for child care and early learning educators.

Senator Hanson-Young Recommendation 3:

That a Commonwealth Commissioner for Children and Young People be established, to ensure Australia's international and domestic obligations are met and upheld. These fundamental human rights principles provide a clear framework of minimum standards to ensure the wellbeing of children.

Aside from broader protection obligations, this role would promote investment in early childhood development as a priority, and outline requirements for quality early childhood education and care.

Government Response: Noted

The office of Australia's first National Children's Commissioner was established through the Australian Human Rights Commission Amendment (National Children's Commissioner) Act 2012. The office sits within the Australian Human Rights Commission, an independent statutory organisation that reports to Parliament through the Attorney-General.

The role of the National Children's Commissioner is to focus on the rights and interests of children, and the laws, policies and programs that impact on them.

Ms Megan Mitchell was appointed as the first National Children's Commissioner on 25 February 2013. Ms Mitchell commenced in the role on 25 March 2013 for a five year term.

Senator Hanson-Young Recommendation Nos 4, 5, 6, 8 and 9

Senator Hanson-Young Recommendation 4:

That the Government review the current funding mechanisms for early childhood education, including the appropriateness of the Child Care Rebate and Child Care Benefit.

Senator Hanson-Young Recommendation 5:

That the Commonwealth ask the Productivity Commission to look into funding models and their impact on the determinants of the quality of care.

Senator Hanson-Young Recommendation 6:

In order to implement quality benchmarks, including affordability for parents, the Greens recommend a significant increase in, and long-term investment of, funding in