Nick Xenophon (SA, Nick Xenophon Team) Share this | Hansard source

by leave—I, and on behalf of Senator Hinch, move amendments (1) to (10) on sheet 8011 together:

(1) Clause 16, page 20 (line 11), before "The ABC Commissioner", insert "(1)".

(2) Clause 16, page 20 (before line 12), before paragraph (a), insert:

(aa) promoting the main object of this Act (see section 3);

(3) Clause 16, page 20 (after line 20), after paragraph (b), insert:

(ba) ensuringbuilding employers and building contractors comply with their obligations under this Act, designated building laws and the Building Code;

(4) Clause 16, page 21 (after line 7), at the end of the clause, add:

(2) In performing the functions referred to in subsection (1), the ABC Commissioner mustensure that the policies and procedures adopted and resources allocated for protecting and enforcing rights and obligations arising under this Act, designated building laws and the Building Code are, to the greatest extent practicable having regard to industry conditions based on complaints received by the ABC Commissioner, applied in a reasonable and proportionate manner to each of the categories of building industry participants.

(5) Clause 20, page 23 (line 7), omit "year.", substitute "year; and".

(6) Clause 20, page 23 (after line 7), at the end of subclause (2) (before the note), add:

(d) details of:

  (i) the number, and type, of matters that were investigated by the ABC Commissioner during that quarter or year in relation to building employers; and

  (ii) the cost, during that quarter or year, of each such investigation; and

(e) details of the following, both in total and in relation to each category of building industry participant:

  (i) the number of proceedings commenced in accordance with this Act in that quarter or year;

  (ii) the cost, during that quarter or year, of those proceedings (including legal expenses); and

(f) details of the number, and total cost, of such proceedings finalised in that quarter or year; and

(g) details of the legal expenses incurred during that quarter or year as a result of enforcement action undertaken by the ABC Commissioner; and

(h) details of industry conditions, during that quarter or year, based on complaints received by the ABC Commissioner during that quarter or year; and

  (i) details of activities that the ABC Commissioner has undertaken during that quarter or year to monitor the compliance of products used in building work with relevant Australian standards published by, or on behalf of, Standards Australia;

(j) details of the number, and type, of matters for which examination notices were issued under this Act.

(7) Clause 21, page 23 (line 31), omit "character.", substitute "character; and".

(8) Clause 21, page 23 (after line 31), at the end of subclause (3), add:

(c) will uphold the APS Values set out in section 10 of the Public Service Act 1999, including by performing his or her functions in an apolitical manner and acting impartially and professionally.

(9) Clause 28, page 25 (line 29), omit "incapacity.", substitute "incapacity; or".

(10) Clause 28, page 25 (after line 29), at the end of subclause (1), add:

(c) if the Commissioner fails to perform his or her functions with impartiality as between all categories of building industry participants.

These amendments that I move with my colleague Senator Hinch relate to the functions of the ABCC commissioner, to reporting obligations and issues of termination and appointment. I want to make this absolutely clear: this amendment makes some changes to the language contained in the current bill.

Clause (16) of the bill will be amended so that the functions of the ABCC commissioner's function, to the extent that it is possible, are carried out in an impartial manner across all building industry participants. Clause (20) of the bill will be amended to include additional reporting requirements in the annual report. This amendment will increase transparency and accountability and also require the annual report to include details of compliance activity against building employers—something that is not done now. The level of accountability under the current framework as proposed is not satisfactory, and I am pleased the government is prepared to agree to these extra accountability and transparency measures.

Clause (21) of the bill will be amended to include a requirement for the ABCC commissioner to uphold the Australian Public Service values set out in section 10 of the Public Service Act 1999 and expressly states that the ABCC commissioner will perform his or her functions in an apolitical manner and will act impartially and professionally. Clause (28) of the bill will be amended to include an additional ground of failing to act impartially between all categories of building industry participants.

I have said what I have had to say about the importance of impartiality. These amendments actually do something about it. They actually give a remedy if someone is behaving egregiously and in a partial manner that is not being fair to all building industry participants. I commend these amendments that I move with my colleague Senator Hinch.