Senate debates

Thursday, 28 November 2019

Bills

Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019; In Committee

12:10 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

There have been a number of issues raised both by Senator Farrell, prior to the placing of business, and by Senator Pratt. But I do find the propositions advanced by those opposite somewhat inconsistent, both internally and more broadly. It isn't clear whether they do want the Corporations Law to apply to registered organisations or whether they think registered organisations are fundamentally different and, therefore, it should not be applied. Any reading of the Hansard of both of those contributions would find that to be a very confusing proposition that they have put.

Let me make a few points. The Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 doesn't assume, as I said before to Senator Farrell, that registered organisations are the same as corporations. It does mirror some parts of corporate regulation to address concerns that have been raised by some stakeholders, but the government has, in these amendments, appropriately adapted those to the particular nature, structure and purpose of registered organisations. But there are a few points to make about registered organisations, which, if I remember correctly, were described in Senator Pratt's contribution as not-for-profit organisations and, therefore, deserving of a different approach on some matters.

It is our view that registered organisations should be as accountable to their members as company directors are to their shareholders. Much like companies, we know—and it is naive or perhaps even disingenuous to suggest—that registered organisations don't control assets worth millions of dollars. They do. They have a large amount of trust placed in them by their members. One of the reasons we know they control assets of that value is that we know what they're able to donate to those opposite. They also have special rights and privileges—

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