Raff Ciccone (Victoria, Australian Labor Party) Share this | Hansard source

I don't think I can top the contribution by Senator Sterle, who has for many, many years, whether here in the Senate or in his previous life in the movement, been very passionate about standing up for workers and workers' safety. It's good to see the contribution by my good friend Senator Sterle here, and I certainly echo the comments by him about trying to refer such matters off to the Rural and Regional Affairs and Transport References Committee, because I think they do warrant greater scrutiny by this place.

As my colleagues have already articulated, Labor has some serious concerns about the Transport Security Amendment (Serious Crime) Bill 2020 and the flaws that are contained within it. But, before I address those, it is important to make clear that, despite some of the measures that we'd like to see toughened up, there are some meaningful measures to combat serious crime in our community. Such conduct really is a scourge and ought to be subject to considered, strong and well-targeted laws.

As Senator Sterle articulated so well, there are a lot of gaps in this legislation that we seriously need to consider, and I would hope that the minister and others opposite take on board the contributions by a number of Labor senators who have been well across the issues for some time now. However, Labor will never shirk away from the task of keeping Australians safe, and that's why we've proposed a number of amendments to the bill to ensure it meets the highest of standards that ought to be upheld for a law relating to matters as serious as national security. Nonetheless, it is clear that the bill before us, in its current form, does not meet that standard and, as was noted by many Labor senators as part of the committee inquiry into the bill, very little consideration has been given by the government to ensuring that it is fit for purpose and fair.

My colleague Senator Keneally rightly pointed out last week that, despite seeking to address the scourge of serious crime in our community, the bill before us lacks a simple definition as to the exact meaning of 'serious crime'. One is left to ask: how can this bill be serious about serious crime when it does not even define what serious crime is? Seriously, it's a bit of a joke and it reflects the government's attitude towards this bill.

One of the key elements of this debate relates to the issuance of aviation security identification cards and maritime security identification cards. ASIC and MSIC cards serve an important role in securing Australian transportation facilities from unlawful activity, and Labor supports the schemes behind them. But many of those seeking to engage in our work at our airports and on our docks are required to acquire these cards. In assessing these applications, background checks are undertaken to ensure that applicants possess an appropriately sound record to fulfil such an important role in our economy, and currently over a quarter of a million Australians hold either one of these two cards. Despite the importance of these cards to such workers, we know that the current system for the issuance is beset with problems, with delays, sloppy paperwork and decision-making being commonplace. Workers report waiting times in excess of three months for assessment of their applications and say they experience great anxiety each time their renewal is due. This is because, when errors occur, being without an ASIC or MSIC card means being without a job. Part of this bill would seek to add more extensive background checks to the schemes, including intelligence assessments, and I'm concerned that the bill does not outline a pathway for appeal for those who are given an adverse security status judgement in relation to their cards.

Of greatest concern with this bill, however, is its lack of arrangements regarding foreign crew on foreign vessels carrying flags of convenience. These crews are spared the levels of scrutiny that Australian workers seeking ASIC and MSIC cards undergo. These workers, who are often from developing countries and paid far less than what is permissible under our laws, are most commonly the holders merely of maritime crew visas and thus are not required to meet any standard or background inspection. This arrangement, which has been described as facilitating a poorer system of security at our transportation facilities, is deeply troubling.

The Department of Immigration and Border Protection articulated its concerns about the use of foreign vessels carrying flags of convenience for serious crime. A submission to the Senate Standing Committee on Rural and Regional Affairs and Transport in 2017 stated—and this was the section that Senator Sterle was trying to find earlier:

Reduced transparency or secrecy surrounding complex financial and ownership arrangements are factors that can make FOC ships more attractive for use in illegal activity, including by organised crime or terrorist groups.

This means that FOC ships may be used in a range of illegal activities, including illegal exploitation of natural resources, illegal activity in protected areas, people smuggling, and facilitating prohibited imports or exports.

With concerns such as these at hand, one is left to wonder why this bill does nothing to address them. Why, instead, does it specifically target Australian workers merely going about their work and seeking to provide a living for themselves? It appears to many that what we really have here is one law for Australians on our docks and one law for foreigners. With this bill we have a set of measures from the government that would make it harder for Australian workers to get appropriate checks to do their job but would do nothing to protect Australia from foreign threats. Make no mistake: Australian transport workers understand the importance of robust security arrangements. Let us not forget that, should the worst occur, they are the ones onsite most likely to suffer injury as a result.

It shouldn't come as a surprise that this government seeks to make life difficult for Australian maritime workers. After all, this is the government that has presided over the systemic undermining of our domestic shipping industry and the workers who rely on it to support their families. Whilst there are certainly real concerns that this bill should address, in its current form it falls well short of doing so. I urge those opposite to seriously consider the amendments proposed by Labor. Only with those amendments in place can this bill achieve what it is supposed to do: keep us all safe.