Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

by leave—I move amendments (1), (6), (7) and (10) together on sheet 7261:

(1) Clause 2, page 2 (table item 4), omit the table item.

[delegation]

(6) Schedule 1, page 6 (line 2), omit the heading.

[people 55 and over]

(7) Schedule 1, items 13 to 19, page 6 (line 3) to page 7 (line 8), to be opposed.

[people 55 and over]

(10) Schedule 2, page 11 (lines 1 to 6), to be opposed.

[delegation]

I am compelled to deal with some of the issues that Senator Abetz raised in his speech summing up the second reading debate. Labor agrees that people who have the capacity, the health and the will to work should be helped to get employment. We have always been a party absolutely committed to employment

In moving these amendments, I will go to some of the issues that have been raised. I seek at the moment to deal with amendments (1) and (10).

Senator Abetz indicated that the government were concerned about jobs. I must say, if the government were fair dinkum about jobs, they would not have chased Toyota and Holden out of the country, getting rid of some of the most skilled jobs in the country and they would not be doing side deals with the Japanese government to send our biggest Defence project to Japan. They would be building the skills for this country. If we had job creation and actually a real plan from the government, not just a three-line slogans about carbon tax, mining tax and free-trade agreements, then many of the issues that we are talking about here would be moot points because people would have access to jobs.

I was on the Senate select committee on new taxes when Labor was in government. The information we had about the mining industry was that the mining industry had about 80 years of easily recoverable minerals available in terms of iron ore. Now that they are going even faster, we will get 70 years. And now people say that that will be even less. There will be plenty of people here with grandkids, plenty of people here with kids who will still be in the workforce when we will have run out of iron ore. So we need a jobs plan.

It is interesting to note that the member for Eden-Monaro, Mr Peter Handy, also called on his own government to create a jobs plan. This jobs plan that the minister was talking about, obviously, is not clear to the Labor Party or to, I assume, other senators in this place and definitely not to the public. So in relation to these two points, amendments (1) and (10) omits item 1 of schedule 2 of the bill and item 4 of the commencement table in clause 3.

Item 1 of schedule 2 of the bill is unrelated to other measures in the bill. It would amend subsections 234 (1) and (2) of the Social Security (Administration) Act 1999 to give the secretary the power to delegate functions of the secretary, not just under the principal act but also under legislative instruments including regulations. Currently the Social Security (Administration) Act 1999 only provides for secretarial power under the act to be delegated by an officer, the Chief Executive Officer of Centrelink or an employee of an Australian government department. The explanatory memorandum states:

The main impetus for this amendment relates to recent legislative instruments made under the social security law which relate to the Job Commitment Bonus, as these contain Secretarial powers that will need to be exercised, other than by the Secretary personally, from 1 July 2015.

These powers would relate to legislative instruments made under part 2.16A of the Social Security Act 1991. Neither the bill nor any of the accompanying materials provide any explanation as to why the secretary would need blanket powers of delegation, including powers under legislative instruments. Indeed, part 2.16A of the 1991 act does not require the secretary of the Department of Human Services to exercise any functions in relation to the Job Commitment Bonus either under the principal act or under any legislative instruments. Any secretarial powers exercised either in person or by delegation under part 2.16A out of those exercisable by the employment secretary, not the secretary of the Department of the Human Services.

Labor believes that item 1 of schedule 2 of the bill is unnecessary and if allowed to stand as printed will have unforeseen consequences in relation to the proper delegation of secretarial powers not only under the administration act but under part 2.16A of the 1991 act. I acknowledge what Senator Abetz has indicated that he supports these amendments—even though it is under duress. He will not oppose. On that basis, I formally move amendments (1) and (10).