Dean Smith (WA, Liberal Party) Share this | Hansard source

I present the 13th report for 2021 of the Selection of Bills Committee and I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 13 OF 2021

25 November 2021

MEMBERS OF THE COMMITTEE

Senator Dean Smith (Government Whip, Chair)

Senator Perin Davey (The Nationals Whip)

Senator Stirling Griff (Centre Alliance Whip)

Senator Pauline Hanson (Pauline Hanson's One Nation Whip)

Senator Nick McKim (Australian Greens Whip)

Senator Anne Urquhart (Opposition Whip)

Senator Raff Ciccone

Senator Katy Gallagher

Senator Jacqui Lambie

Senator the Hon James McGrath

Senator Rex Patrick

Senator the Hon Anne Ruston

Secretary: Tim Bryant Ph. 6277 3020

1. The committee met in private session on Wednesday, 24 November 2021 at 7.20 pm.

2. The committee recommends that—

(a) the provisions of the Financial Accountability Regime Bill 2021, Financial Sector Reform (Hayne Royal Commission Response No. 3) Bill 2021, Financial Services Compensation Scheme of Last Resort Levy Bill 2021 and Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2021 be referred immediately to the Economics Legislation Committee for inquiry and report by 15 February 2022;

(b) the provisions of the Migration Amendment (Protecting Migrant Workers) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 February 2022 (see appendix 1 for a statement of reasons for referral);

(c) the provisions of the Migration Amendment (Strengthening the Character Test) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 January 2022 (see appendix 2 for a statement of reasons for referral); and

(d) the Statute Law Amendment (Prescribed Forms) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 11 February 2022 (see appendix 3 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

4. The committee deferred consideration of the following bills to its next meeting:

5. The committee considered the following bills but was unable to reach agreement:

(Dean Smith)

Chair

25 November 2021

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Protecting Migrant Workers) Bill 2021

Reasons for referral/principal issues for consideration:

Significant changes to migrant worker protections under the Migration Act, including strong concerns from a wide range of stakeholders.

Possible submissions or evidence from:

Unions, civil society, legal groups, migrant support groups, farmers, supermarkets, horticulture, and agriculture organisations, including Ai Group, AMES Australia, ACCI, Australian Fresh Produce Alliance, Fragomen Australia, Hammond Taylor, IARC Unions NSW, Immigration Solutions, Law Council of Australia, Migrant Worker Justice Initiative, Migrant Workers Centre, Migration Institute of Australia, NTEU, Professor Joanna Howe, Recruitment, Consulting and Staffing Association, Redfern Legal Centre, Retail Supply Chain Alliance, Settlement Council of Australia, Salvation Army, Uniting Church, United Workers Union, WEstJustice, Woolworths, Coles and Aldi.

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

TBC

Possible reporting date:

Monday 15 February 2022

(signed)

A Urquhart

Whip Selection of Bills Committee member

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Protecting Migrant Workers) Bill 2021

Reasons for referral/principal issues for consideration:

To ensure the bill is consistent with recommendations of the Migrant Workers' Taskforce, which reported to the Minister for Small and Family Business, the Workplace, and Deregulation in 2019.

Possible submissions or evidence from:

Immigrant and migrant advocates, workers unions, recruitment industry, industry and sector peak bodies, legal experts.

Committee to which bill is to be referred:

SSC Education and Employment, or JSC Migration

Possible hearing date(s):

Inquiry to be conducted on the papers

Possible reporting date:

First sitting day of February 2022

(signed)

Nick McKim

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Strengthening the Character Test) Bill 2021

Reasons for referral/principal issues for consideration:

The bill is materially different to the previous two iterations of the bill, both of which went to inquiry. It contains retrospectivity, engages human rights, and is possibly in breach of Australia's commitments to international obligations.

Possible submissions or evidence from:

Legal, human rights, and migration experts and stakeholders, e.g. Asylum Seeker Resource Centre, Human Rights Law Centre, Refugee Legal, Australian Human Rights Commission, Peter McMullin Centre on Statelessness, Refugee Council of Australia, Kaldor Centre for International Refugee Law, Kaldor Centre for International Refugee Law, and the Law Society of Australia.

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

Non-sitting days in February

Possible reporting date:

(signed)

Nick McKim

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Strengthening The Character Test) Bill

Reasons for referral/principal issues for consideration:

The Bill has changed from the original version first introduced over three years ago. It now has significant implications for victims of domestic violence and needs adequate time for detailed consideration.

Possible submissions or evidence from:

Legal, civil society, refugee, asylum seekers, migrant support and domestic violence organisations.

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

TBC

Possible reporting date: 15 February 2022

(signed)

A Urquhart

Whip/ Selection of Bills Committee member

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Statute Law Amendment (Prescribed Forms) Bill 2021

Reasons for referral/principal issues for consideration:

While the EM states that the changes made by this bill are largely technical in nature, the bill would make changes to dozens of significant and often complex Acts. It is important to fully understand the impact of any changes made to those statutory regimes, whether intended or not, and an enquiry will enable those with particular expertise to provide submissions to the Committee about those impacts.

Possible submissions or evidence from:

Law Council of Australia

Other bodies with particular expertise in the various statutory regimes impacted by this bill.

Committee to which bill is to be referred:

Legal & Constitutional Affairs

Possible hearing date(s):

Given the technical nature of this bill, it is suggested that the inquiry be conducted on the papers. Any hearing dates, if required, to be determined by the committee.

Possible reporting date:

11 February 2022

(signed)

Senator Anne Urquhart

I move:

That the report be adopted.