Senate debates
Tuesday, 13 June 2023
Bills
Australian Organ and Tissue Donation and Transplantation Authority Amendment (Disclosure of Information) Bill 2023, Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023, Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023, Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2023, Infrastructure Australia Amendment (Independent Review) Bill 2023, Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023, Jobs and Skills Australia Amendment Bill 2023, National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023, Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023, Treasury Laws Amendment (2023 Measures No. 2) Bill 2023, Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2023; Second Reading
6:42 pm
Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Hansard source
I table a revised explanatory memorandum relating to the Jobs and Skills Australia Amendment Bill 2023, and I move:
That these bills be now read a second time.
I seek leave to have the second reading speeches incorporated in Hansard.
Leave granted.
The speeches read as follows— .
AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY AMENDMENT (DISCLOSURE OF INFORMATION) BILL 2023
Transplantation through organ and tissue donation gives people a second chance at life, allowing them to resume the roles they love among their family, friends, and communities. One organ and tissue donor can transform the lives of many people, and transplants are a well-researched and highly effective treatment. The benefits of organ and tissue transplantation to our society are undeniable.
Australia has implemented a best practice donation system. In 2009, under the then Rudd Labor Government, Australia commenced our national program to increase organ and tissue donation for transplantation. Since then, there has been a significant growth in donation rates, with more than 16,000 Australians receiving a life-changing transplant.
Few people have the opportunity to become an organ donor. An individual needs to die in a hospital, with organs functioning well, to be a donor.
Only around two per cent of people who die in a hospital are able to be considered for organ donation. That's only around 1,400 people a year.
The Australian Organ and Tissue Donation and Transplantation Authority, also known as the Organ and Tissue Authority, has led the national effort to increase organ and tissue donations, in partnership with:
Critical to this work of the Organ and Tissue Authority and DonateLife agencies are promotional and educational activities to increase community awareness of organ and tissue donation. The key aim is to encourage people to register on the Australian Organ Donor Register and talk to their family about donation and what they would like at the end of their life. These activities include commemorative services, educational and community awareness materials such as posters and flyers, and social media content, which often include the sharing of experiences by individuals and families involved in organ and tissue donation and transplantation.
Currently, there are provisions in both state and territory legislation, and the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 that prohibit the sharing of some information related to deceased donors and recipients for the purposes of community awareness and other educational activities by the Organ and Tissue Authority and DonateLife agencies. As a result, the Organ and Tissue Authority, and Commonwealth-funded state and territory DonateLife agencies are limited in the ways they can deliver the national organ and tissue donation and transplantation program, and in particular, community awareness, educational activities, and commemorative events for donor families.
This Bill will amend the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 to allow the Organ and Tissue Authority, DonateLife agencies, grant recipients and authorised family members to publish, disseminate or disclose information about deceased donors for the purposes of the Organ and Tissue Authority's community awareness, educational or commemorative activities.
Currently, the OTA Act has restrictive provisions on who can provide that consent being limited to partners of the deceased donor, or by parental guardians if the donor was less than 18 years. These changes will allow the Organ and Tissue Authority and DonateLife agencies to obtain consent for this information from an extended list of family members of donors and recipients that includes a partner, parent, child, sibling, grandparent, grandchild.
With this consent from the family, this information about the respective deceased donor or recipient can then be included in community awareness and educational activities, and in remembrance services for families to commemorate their family member. The sharing of these experiences is invaluable, as it:
The disclosure of this information is restricted to the functions of the Organ and Tissue Authority and DonateLife staff and purposes of the activities as defined in the Bill.
It is important to note that these amendments are not intended to facilitate direct contact between donor families and organ and tissue recipients. Governments intend to protect the right of both donor families and transplant recipients to remain anonymous.
These legislative amendments align with the sentiment that many donor families wish to commemorate their family member in remembrance services, and some also want to help raise community awareness about donation and transplantation.
I would like to acknowledge the valuable work of the Organ and Tissue Authority and DonateLife agencies undertake valuable work in leading the national program to increase organ and tissue donation. And of course, none of this would be possible without donors and their families. I cannot express the extent of my admiration of the families who, during such difficult circumstances, have made the incredible decision to give the ultimate gift of life to another by saying 'yes' to donation are truly admirable. Not only do these families make these decisions, but often these families will then be generous enough toy then share their experience to encourage others to do the same. This is remarkable. This is truly remarkable.
This is demonstrated in I would like to finish by sharing the incredibly moving story told by Mr Rob Clemmens. I met Rob and his two adult daughters, Emily and Isabella attended last month at the announcement event for the 2022 donation and transplantation outcomes at the Royal Melbourne Hospital. Rob was there to share his story and raise awareness about donation. Rob lost his beloved wife Katie last year. Rob and his daughters, made the decision to say yes to organ donation because Katie was always giving to others. Together, they believed it was the right thing to do and something Katie would have wanted. Rob and his family are immensely proud of Katie's legacy as an organ and tissue donor, giving the ultimate gift of life to people through the donation of her liver and kidneys, as well as skin, eyes, and bone. As Rob says, "Katie gave herself in life and in death." I pay tribute to Katie and her family today.
I acknowledge and sincerely thank every donor for the ultimate gift—giving a chance at a full and long life for those needing a transplant. The sharing of donor family stories, such the story of Katie Clemmens, is very powerful in showing what a true gift organ donation is, and in raising community awareness of the importance of organ donation.
This important legislative amendment will enable more families, who would not have otherwise been able, to share their extraordinary stories with the Australian community. This is crucial to improving donation outcomes in Australia.
It is vitally important for all Australians to have a conversation with their families about what they want at the end of their life and if they want to be a donor, to register. I encourage you all to do this as soon as possible.
The ability to communicate the stories of those who have given the gift of life, and of those who have received this gift, is vital to saving lives, and improving the quality of life for more Australians. These changes will support the Organ and Tissue Authority and DonateLife agencies in more effectively achieving these goals.
I commend the Bill to the House.
DEFENCE LEGISLATION AMENDMENT (NAVAL NUCLEAR PROPULSION) BILL 2023
I am pleased to present the Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023.
This Bill is the first legislative step in support of Australia's acquisition of conventionally-armed, nuclear-powered submarines.
As our National Defence Statement published late last month recognises: Australia's region, the Indo-Pacific, faces increasing competition that operates on multiple levels—economic, military, strategic and diplomatic—all interwoven and all framed by an intense contest of values and narratives.
A large-scale conventional and non-conventional military build-up without strategic reassurance is contributing to the most challenging circumstances in our region for decades.
Combined with rising tensions and reduced warning time for conflict, the risks of military escalation or miscalculation are rising.
These interests demand we deploy all elements of our national power in statecraft seeking to shape a region that is open, stable and prosperous: a predictable region, operating by agreed rules, standards and laws, where sovereignty is respected.
Acquiring conventionally-armed, nuclear-powered submarines will unquestionably strengthen our defence capabilities. Indeed, this capability transition represents the single biggest leap in Australian military capability since the Second World War.
It will see Australia become one of only seven nations to operate nuclear-powered submarines.
It will strengthen our capacity to defend Australia and its national interests.
And it will significantly enhance our contribution to the security and stability of the region.
Earlier this year, the Parliament was assured that this Government is adopting a methodical, phased approach that will build our capacity as a nation to safely and securely build, maintain and operate conventionally-armed, nuclear-powered submarines.
This includes developing the full suite of skills, facilities and institutions along with an appropriate regulatory and legislative architecture to be nuclear stewards.
This Bill is the first legislative step to this aim.
This Bill amends provisions of the Australian Radiation Protection and Nuclear Safety Act 1998 and the Environment Protection and Biodiversity Conservation Act 1999.
The amendments clarify that the moratorium on civil nuclear power, as evident in these Acts, does not limit the performance of regulatory functions that might be necessary in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
This means the relevant regulators—the CEO of the Australian Radiation Protection and Nuclear Safety Agency and the Minister for the Environment and Water—are in no way inhibited from performing their functions in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
These amendments will ensure the relevant regulators can perform their functions, if and when required, in the system of regulation that will apply to conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
Let me be clear about what this Bill does not do.
It does not abolish the moratorium on civil nuclear power in Australia, a feature of Australian law since the Howard Government enacted the ARPANS Act and EPBC Act in the late 1990s.
It is not necessary to modify the moratorium on civil nuclear power, other than to clarify that it does not prevent the performance of regulatory functions that might be necessary in respect of conventionally-armed, nuclear-powered submarines and their supporting infrastructure and facilities.
This is a Defence legislative amendment, focused on the reform to Australian law required to strengthen our defence capability by acquiring conventionally-armed, nuclear-powered submarines.
As indicated at the beginning of my remarks, this Bill is only the first step in support of Australia's acquisition of conventionally-armed, nuclear-powered submarines.
Building the legal architecture to support this endeavour will involve multiple tranches of legislation.
This work will extend beyond the life of this Parliament, and likely beyond the tenure of this Government.
Recently, the Government announced our intention to establish a new independent statutory regulator: the Australian Nuclear-Powered Submarine Safety Regulator.
This new Regulator will have the functions and powers necessary to regulate the unique circumstances associated with nuclear safety and radiological protection across the lifecycle of Australia's nuclear-powered submarine enterprise. This includes associated infrastructure and facilities.
I anticipate legislation to establish the Australian Nuclear-Powered Submarine Safety Regulator and its functions and powers will brought before this Parliament, later this year.
This Bill is a modest and necessary first legislative step towards Australia acquiring conventionally armed, nuclear-powered submarines.
I commend the Bill.
FAIR WORK LEGISLATION AMENDMENT (PROTECTING WORKER ENTITLEMENTS0 BILL 2023
Last year, the Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act. Secure Jobs Better Pay delivered on the next step of the Government's plan to lift wages, improve job security and close the gender pay gap.
Secure Jobs Better Pay was about raising the bar—raising the bar on awards, raising the bar on enterprise agreements, raising the bar on bargaining and lifting the floor for workers. This year, it's about closing the loopholes that some businesses use to undercut those arrangements. This Bill is the first step.
This Bill is about protecting worker entitlements including by enshrining the right to superannuation as one of the National Employment Standards. The Bill will also promote gender equality—the amendments to the unpaid parental leave scheme will provide families with greater flexibility so that work and care responsibilities can more easily be shared. The Bill will also deliver reforms to improve fairness in the workplace relations system—by protecting all workers (regardless of visa status) and ensuring casuals in the coal mining industry are on par with their permanent colleagues with respect to long service leave.
The Government has engaged in close and constructive consultation with businesses and unions on these reforms.
I will now outline in detail the measures in the bill.
Coverage of all workers by the Fair Work Act
All workers working in this country are entitled to and deserve protection from exploitation.
It is the view of our Government that the Fair Work Act should be clear that it applies to migrant workers. Doubt has been raised about this and the Government is acting to fix this.
So, while this change might turn out to have been unnecessary, it is it an important protection to make sure that Australian workplace rights apply to everybody. That is why this Bill will make clear that all the protections of the Fair Work Act—including full pay for time worked—apply to all workers working in Australia, regardless of their migration status.
This amendment closes a loophole for employers whose business model relies upon the false assertion that workers on temporary or working visas have fewer rights than other workers.
This change gives effect to recommendation 3 of the Migrant Workers' Taskforce report—which this Government has committed to implementing. It also implements recommendation 3 of the Senate Education and Employment Legislation Committee's inquiry into the Government's Secure Jobs, Better Pay legislation.
Unpaid Parental Leave
The parental leave reforms from our Government are a significant step forward in both fairness and economic participation.
This Parliament has recently passed the largest expansion to government-funded Paid Parental Leave since the scheme was established in 2011. The changes in this Bill go hand in glove with changes which have been made by the Minister for Social Services. These changes provide the commensurate employment rights to ensure that the Government's changes to Paid Parental Leave have real meaning.
The Fair Work Act also has a key role to play in implementing our vision for women's full workforce participation—as well as ensuring families can jointly share work and care responsibilities.
The amendments proposed by this Bill will modernise unpaid parental leave to give parents more opportunity and more choice about how they balance and share their work and caring responsibilities.
Parental leave works best as an entitlement when it suits the circumstances of each family. Balancing work and care looks different for every family—our Government wants a flexible unpaid parental leave entitlement that reflects modern Australia.
This Bill also significantly increases the days of leave that can be taken flexibly, from 30 days to 100 days. This allows families to work out arrangements on their own terms.
This Bill also allows for pregnant employees to access some of their flexible unpaid parental leave entitlement before the birth of their child.
It also removes unnecessary restrictions on two working parents in a family taking more than 8 weeks of unpaid parental leave at the same time.
Notice periods will remain the same, providing certainty for business.
Our Government is serious about acting to close the gender pay gap—making it easier for families to balance work and care is critical. This Bill will deliver greater flexibility for working families.
Superannuation in the National Employment Standards
The Bill will also protect workers' superannuation entitlements by including superannuation in the National Employment Standards.
Australians are quite rightly very proud of our world class superannuation system—superannuation is a key part of workers being able to build a financially secure retirement.
Currently, the Fair Work Act does not have an explicit requirement for an employer to pay superannuation to their employees—this is a loophole which needs to be closed.
In almost every instance of wage theft, superannuation is part of how workers have been ripped off. This amendment is about making sure that a worker can recover both superannuation and wages in an underpayment claim under the Fair Work Act. Until now, many workers have had to claim the take home pay and superannuation through two separate processes.
It will still be possible (and preferable for some people) to recover superannuation via a complaint to the Australian Taxation Office. However, the red tape that requires workers to apply to two different systems for the same underpayment ends with this Bill.
Workers who do not have the protection of an award or an enterprise agreement can be left exposed as they do not have a statutory right to superannuation. Enshrining the requirement to pay superannuation in the National Employment Standards puts on notice those who seek to exploit this loophole that payment of superannuation is a non-negotiable minimum standard.
These changes will expand coverage to thousands of award-free employees, such as those on the National Minimum Wage, and employees in certain occupations such as accounting, human resources, marketing, public relations, and information technology specialists.
Deductions
For a long time, workers have signed deduction forms for union membership or health insurance in the knowledge that payments may vary from time to time. At any stage, workers can decide if they want the deduction to continue. There have been some legal questions have raised as to whether the initial deduction authority can continue if the fees change over time.
This change simply makes sure that the law is consistent with the intention of the individual worker when they sign a deduction form as deduction amounts change over time, without employers or workers having to go through endless red tape.
Technical amendments t o clarify the interaction between enterprise agreements and workplace determinations
One of the significant achievements of Secure Jobs Better Pay was to increase access to arbitration. This amendment clarifies that when there is an arbitrated outcome, it takes precedence over an agreement that covers the same workers.
Coal Long Service Leave Scheme changes
Until now, there has been a glitch in the scheme—casuals have always been ripped off when it comes to long service leave in the coal industry. If a casual coal industry worker works a significant number of hours one week, and then has a week when they don't work any hours, the system does not average the hours fairly. This means that casuals are accruing a lower entitlement than their permanent counterparts even though they could have worked the same—or more—total hours. This amendment means that whenever a casual coal industry worker is working a week-on week-off roster, it all counts towards their long service leave.
In December 2021, an independent review into the Coal Mining Industry (Long Service Leave Funding) Scheme (the Scheme) found that casual employees in the Scheme are treated less favourably than permanent employees. Measures in this Bill will amend legislation enabling the Scheme to address this inequity and implement a recommendation of the independent review.
The amendments will make clear that the levy imposed on a casual employee's wages within the Scheme and payment of an employee's entitlement include casual loading. This gives employers greater clarity and ensures that casual employees are not disadvantaged when accessing their long service leave entitlement. Currently, if you're a permanent employee who takes a week of annual leave, the time that you're on leave still counts to long service leave. Casual loading is meant to be in lieu of this certainty, but the loading hasn't been included. That unfair situation ends with this Bill.
Conclusion
Secure Jobs Better Pay was about raising the bar for workers and their entitlements. There is no point raising the bar for workers if loopholes that undermine these worker entitlements remain open. This Bill, Protecting Worker Entitlements is the beginning of our Government's reforms to close these loopholes. These reforms contribute to the fairer workplace relations system that our Government is delivering for Australian workers.
I commend this Bill to the Chamber.
FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHILD CARE SUBSIDY) BILL 2023
The Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2023 amends the A New Tax System (Family Assistance)(Administration) Act 1999 to align it with existing practice in relation to the Child Care Subsidy.
Recently, errors were identified in the existing legislation concerning the way some overpayments of Child Care Subsidy are recovered by the Commonwealth.
These errors date back to when the CCS was introduced by the former Government in 2018.
The consequences of those errors, which the Government believes were unintended by the former Government, are that in certain circumstances the Commonwealth's processes for recovery of overpaid subsidy have not been supported by the legislation.
This bill rectifies those errors and aligns the legislation to long-standing policy and practice. It confirms who is responsible for the repayment of overpaid amounts of CCS subsidy and provides further clarity for providers and families.
The Government has worked swiftly to bring the Bill to the Parliament after the Minister for Education and the Minister for Early Childhood Education were advised of the issue last month, and it is important that the measures be enacted promptly to allow for the proper recovery of overpayments in the future.
The Department has consulted with the Early Childhood Education and Care Reference Group on the amendments and will shortly establish a process for the repayment of any amounts which have been recovered in a manner inconsistent with the current legislation.
The Department will continue to work with Early Childhood Education and Care providers and any affected families to explain the process and answer any questions.
The measures in this Bill are important for the integrity of the Child Care Subsidy system and ensuring that recovery of overpayments is made appropriately.
I commend the Bill to the Chamber.
INFRASTRUCTURE AUSTRALIA AMENDMENT (INDEPENDENT REVIEW) BILL 2023
The Australian Government makes substantial investments in infrastructure across the nation including in transport infrastructure, through the Infrastructure Investment Program; in communications infrastructure, through the National Broadband Network and mobile connectivity; in energy infrastructure, by supporting rebuilding the electricity grid; and in water infrastructure, to build essential water supplies across Australia. Good investment in infrastructure creates significant opportunities by creating jobs, building communities and unlocking economic growth and productivity.
Infrastructure Australia was established by the current Prime Minister in the last Labor Government to provide independent, expert advice to the Australian Government on infrastructure investment that Australians need. Since then, Infrastructure Australia has been sidelined with a lack of genuine influence. It has been stretched too far and too thin without a proper focus. These amendments ensure that Infrastructure Australia is the adviser to the Australian Government and that it is evaluating proposals submitted by the Australian Government, States and Territories.
The infrastructure environment has also changed significantly since its establishment, which is why this Government commissioned an independent review to identify the changes needed to restore Infrastructure Australia and refocus its priorities.
This bill responds to the recommendations of the independent review of Infrastructure Australia, conducted by Nicole Lockwood and Mike Mrdak AO.
The Government's response to the review recommendations will position Infrastructure Australia to achieve its core purpose—to provide quality, independent advice to the Australian Government on infrastructure that supports the economy, builds the nation and addresses the challenges and opportunities of the future.
This bill makes important changes to the Infrastructure Australia Act to provide the framework for implementing the government's response to the review's recommendations.
The bill's amendments will provide for greater alignment between Infrastructure Australia's work program and the advice the government needs to make informed infrastructure investment decisions.
This Government intends to clearly set out its infrastructure policy objectives, which will inform Infrastructure Australia in carrying out its work.
Infrastructure Australia's focus will continue to be on transport, water, energy, and communications infrastructure, the nationally-significant infrastructure that connects our cities and our regions, and is an enabler of the economy.
Infrastructure Australia will be strengthened as an adviser on project merits and priorities, and will deliver a more refined and targeted infrastructure priority list linked to its audit, Government priorities and Australian needs. These changes will remove duplication and build on the strong relationships with the jurisdictions, harmonising processes and leading to better targeted advice to appropriately inform Australian Government decision-making.
Importantly, Infrastructure Australia will retain its statutory independence, which will ensure it continues to provide impartial advice to the Australian Government, particularly on infrastructure project selection and prioritisation, for investment in projects where it matters the most.
The new governance model put forward for Infrastructure Australia, will ensure it has the eminence, authority and standing to be a national leader and coordinator among infrastructure advisory bodies. The three commissioners will collectively have strong and relevant expertise and be responsible for the delivery of Infrastructure Australia's functions.
The Government expects the commissioners will be engaged in delivering the work of Infrastructure Australia, rather than being merely an oversight body. Persons appointed to the Commissioner roles will have been identified through a merit-based process and will be highly experienced members of the infrastructure sector.
Infrastructure Australia is now providing advice on infrastructure proposals through the Budget process and will support the slimmed-down governance structure with an advisory council consisting of infrastructure sector experts and Commonwealth agency senior officials.
The advisory council will provide strategic advice to the commissioners and help improve Infrastructure Australia's interactions with Government investment and decision-making processes.
Whilst the bill implements the recommendations of the independent review of Infrastructure Australia requiring legislative changes, a new Statement of Expectations will be issued to Infrastructure Australia to implement the remaining recommendations of the review.
Together, these changes will set Infrastructure Australia up to once again be the Commonwealth's expert adviser on infrastructure.
INSPECTOR-GENERAL OF LIVE ANIMAL EXPORTS AMENDMENT (ANIMAL WELFARE) BILL 2023
Animal welfare is important to the Australian community and they expect robust oversight, accountability and transparency of animal welfare in livestock exports. The Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 reinforces the government's commitment to strengthening animal welfare by expanding the current office of the Inspector-General of Live Animal Exports to provide enhanced focus on animal welfare. This Bill, together with the funding that we have already committed through the October 2022-23 Budget to expand this office, delivers on our 2022 election commitment. The additional objects and functions proposed in this Bill will help to increase oversight, accountability and transparency for animal welfare in exported livestock, and delivers on the government's commitment to strengthening animal welfare.
This Bill provides for an expanded and independent office of the Inspector-General of Animal Welfare and Live Animal Exports. It does this by building on the established Inspector-General of Live Animal Exports role with a focus on expanded animal welfare objectives and functions.
The government supports independent and transparent arrangements around the regulation of the livestock exports. Importantly, the central role of the Inspector-General of Animal Welfare and Live Animal Exports will continue to be reviewing the conduct of Commonwealth officials regulating livestock exports, as the current office of the Inspector-General of Live Animal Exports does.
This Bill expands on that role to provide a new level of focus and assurance that Commonwealth legislation and standards are achieving good outcomes for animal welfare, through the objectives put forward in this Bill. These objectives include to:
In addition, the Inspector-General's functions, as outlined in this Bill, are to review the effectiveness of:
A focus on these four pillars of our regulatory system—activities, systems, standards, and reporting—will help to improve and assure the systems in place to achieve export animal welfare outcomes.
For the first time, the Inspector-General will provide an independent layer of oversight over our animal welfare export standards, to assure that Australia's livestock exports continue to be underpinned by high standards and the best available science.
Many of the objectives and functions have been shaped through a public consultation process.
The consultations revealed broad concerns around how—and what—information is reported in relation to livestock exports. This includes whether current arrangements are appropriately considering and reporting on animal welfare outcomes, and whether the current reporting arrangements assure commercial information is appropriately managed.
For this reason, the government has taken steps to substantially expand the role of the Inspector-General around reviewing the reporting arrangements that are currently in place, with a view to ensuring they are fit for purpose—or to recommend improvements as necessary. This encompasses what is currently reported to the Parliament under the Export Control Act 2020. Together, these new functions will help to inform the government on the best approach to public reporting of livestock export animal welfare outcomes.
The independence of the Inspector-General was another central theme raised through consultation. This Bill responds by clarifying certain processes around how the Inspector-General conducts its reviews and publishes information.
Through this Bill, the government is providing for transparent arrangements around how the Inspector-General can engage consultants for specialised advice, as well as how the Inspector-General publishes information.
The Inspector-General must also prepare an annual work plan for each financial year, in consultation with the Minister. Annual work plans (and variations) must be published on the Inspector-General's website. The Inspector-General will also prepare and publish their work plan for the financial year ahead, setting out key outcomes and priorities.
The Inspector-General will not be subject to interference. This Bill provides for the Inspector-General to have complete discretion in the performance its functions and powers. While the Minister may direct the Inspector-General to conduct a review, importantly, the Inspector-General will not be subject to direction in the conduct of a review or the content of any report.
Together, these enshrine the new Inspector-General's independence from the regulator of Australia's livestock exports.
In summary: the additional objects allow for the Inspector-General to monitor, investigate and report on implementation by the Australian Government of animal welfare and live animal export legislation and standards.
The additional functions include conducting reviews into the effectiveness of Commonwealth systems for the administration of livestock exports under animal welfare and live animal export legislation.
The Bill also provides for independence of the Inspector-General and provides a legislative basis for the Inspector-General to operate independently, impartially and transparently.
Together, the expanded role will increase accountability for—and transparency of—animal welfare in exported livestock.
The Bill delivers on a commitment of the government to strengthen animal welfare and underlines our commitment to holding ourselves accountable.
JOBS AND SKILLS AUSTRALIA AMENDMENT BILL 2023
- Fair Work Act 2009Secure Jobs Better Pay Bill
NATIONAL SECURITY LEGISLATION AMENDMENT (COMPREHENSIVE REVIEW AND OTHER MEASURES NO. 2) BILL 2023
In Australia, as in many other similar democracies, the powers of intelligence and security agencies have changed dramatically in recent years—the product of an increasingly complex and unpredictable security landscape.
In the 1970s and 1980s, the Hope Royal Commissions developed a set of important principles to govern Australia's intelligence and security agencies. In his reports, Justice Robert Hope laid the foundations of a legal framework that ensures that agencies can operate effectively, in accordance with the rule of law and are appropriately oversighted and accountable. Those foundations remain just as relevant today as they did in the 1980s.
On 30 May 2018, the then Government commissioned the Comprehensive Review of the Legal Framework of the National Intelligence Community, which was led by Dennis Richardson AC, an eminent Australian.
The Review was delivered to the then Government in December 2019, and publicly released a year later in December 2020.
The Review affirmed the principles that Justice Hope delivered 40 years ago. This includes foundational principles that agencies must operate in accordance with the law, with propriety and political impartiality, in a manner that respects human rights and fundamental freedoms, and must be accountable for their conduct.
As Mr Richardson noted in his report:
Our laws are not constraints or barriers to operational effectiveness... Rather, they are the guardians of valuable principles and enablers assisting agencies to perform their functions.
Mr Richardson made 203 recommendations in his 2019 report. The former government implemented just 30 recommendations between December 2019 and May 2022.
The National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023 will implement a further 10 of the outstanding recommendations from the Review that fall within my portfolio responsibilities. This Parliament will see further legislation implementing other recommendations of the Comprehensive Review conducted by Mr Richardson in coming months.
Recommendations of the Comprehensive Review
The Bill will address the following recommendations from Mr Richardson's report:
- Law Officers Act 1964 Australian Security Intelligence Organisation Act 1979
- Acts Interpretation Act 1901Telecommunications (Interceptions and Access) Act 1979
- Criminal Code Act 1995
- Crimes Act 1914
- Inspector-General of Intelligence and Security Act 1986Public Interest Disclosure Act 2013
- Ombudsman Act 1976
- Freedom of Information Act 1982
- Administrative Appeals Tribunal Act 1975 Archives Act 1983
Amendments to the Intelligence Services Act 2001
The Bill also contains amendments to the Intelligence Services Act 2001. The first amendment would clarify the level of detail that the Minister for Foreign Affairs must describe in a direction under paragraph 6(1)(e) of that Act.
The Bill would also make amendments to the Parliamentary Joint Committee on Intelligence and Security.
The purpose of the Parliamentary Joint Committee on Intelligence and Security is to ensure parliamentary oversight of the intelligence and security agencies. It is the Parliament to which the agencies are accountable, and it is the Parliament's responsibility to oversight and ensure agencies meet the requirements and standards it sets.
Currently, the Intelligence Services Act provides that the Committee is to comprise of 11 members and mandates a composition of six members of the House of Representatives and five Senators.
The Bill would increase the number of members appointed to the Committee to 13 members and remove current constraints on the composition of the Committee. The Bill would provide that the Committee must comprise of at least two Government Members and Senators, and two Non-Government Members and Senators. The remaining 5 members can be drawn from either chamber.
The Bill does not amend the requirement for the Government to hold a majority.
Mr Speaker, the Government is committed to ensuring the legal framework of the National Intelligence Community remains fit for purpose. The principles developed by Justice Hope in the 1970s and 1980s—affirmed by Mr Richardson in 2019—are founded in history, practice and philosophy, and establish important delineations between, and limits on the roles and functions of, agencies. They are of enduring importance in their provision of safeguards, clarification of agency roles and responsibilities, and ensuring lines of accountability.
The Bill I have introduced today affirms the Government's commitment to those foundational principles. The Government sees no reason to abandon them, and many good reasons to retain them.
I commend the Bill to the House.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (STRENGTHENING THE SAFETY NET) BILL 2023
Through our $14.6 billion cost-of-living plan in the Budget, the Government is providing broad-based support, to help millions of Australians in different settings and circumstances. Historic investment in Medicare, cheaper medicines, and help with power bills.
But we know that cost-of-living pressures have a disproportionate impact for those on the lowest incomes, and that is why the Government is providing targeted support to strengthen Australia's social safety net.
The Social Services and Other Legislation Amendment—Strengthening the Safety Net—Bill 2023 will implement these measures—it includes amendments that will provide additional assistance to benefit around 2 million people.
These are responsible changes, which are carefully calibrated to balance providing additional support to those on the lowest income support payments, without adding to inflation.
The measures in the Bill deliver on our commitment to consider the rates of payments ahead of every Budget. They deliver on our commitment to provide additional assistance where we can, to those Australians doing it tough, particularly those on income support payments.
This Bill will increase the rate of working-age and student payments by $40 per fortnight. This includes the JobSeeker Payment, Youth Allowance, Parenting Payment (Partnered), Austudy, ABSTUDY, Youth Disability Support Pension and Special Benefit.
This will provide additional support to 1.1 million people.
While income support payments are regularly indexed to keep pace with changes in the cost of living, with this $40 increase, we are providing additional support that recognises the financial hardships and challenges faced by people on these payments.
As a result, the base rate of JobSeeker will increase to $733.10 per fortnight—and that's before regular indexation on 20 September is also applied.
This means that since the Albanese Labor Government came into power in May 2022, the base rate of JobSeeker will have increased by 14 per cent, up from $642.70. This is over $90 more in people's pockets each fortnight to help with cost of living pressures. It equates to over $2,300 in additional support each year.
This is a responsible increase. It bolsters our safety net, which is there for all Australians if they need support.
In addition, the Bill includes amendments to expand eligibility for the higher single rate of JobSeeker to those aged 55 and over, who have been on payment for 9 continuous months or more. This currently applies from age 60.
Over the past decade, the proportion of mature-aged recipients on JobSeeker has significantly increased. Older Australians find it harder to get back into work, often due to age discrimination or poorer health.
The evidence shows older Australians are more likely to be long-term JobSeeker Payment recipients, with 81 per cent of people aged 55 and over on the payment for more than a year.
Over half of this cohort will spend more than 5 years on payment, compared to less than one-third of the general JobSeeker Payment population.
We also know that women over 55 are at the highest risk of homelessness in Australia.
The Government remains committed to tackling age-based discrimination, but this change recognises there is still work to be done and older Australians need more support.
As result of this change, 52,000 older Australian aged 55 to 59 years—55 per cent of whom are women—will benefit from an increase of at least $92.10 per fortnight.
Of course, the Government's priority is always to support people into work—with the dignity of work and the economic security it brings. But even with the low unemployment rate, over 75 per cent of people on the JobSeeker Payment do not report any earnings.
This is often due to complex barriers to employment, such as age discrimination, caring responsibilities, a partial capacity to work due to a physical, intellectual or psychiatric impairment.
The Employment White Paper will look across employment policies at what levers we can use to increase participation and support people into work.
But this measure, this increase to working-age and student payments, is focused on easing financial pressures for Australians who rely on the safety net and who are doing it tough.
The Bill will also support single parents, who are overwhelmingly women, to balance caring responsibilities and paid work. This balancing act doesn't end when the child turns 8.
The Government is investing $1.9 billion to extend eligibility to Parenting Payment (Single) to single principal carers with a youngest child under 14 years of age. Currently when a recipient's youngest child turns 8 they are moved to a lower rate on JobSeeker Payment.
As the Prime Minister has said, single parents carry the world on their back. He has also said that this would make a big and immediate difference for tens of thousands of mums, dads and children right across Australia.
This means around 57,000 eligible single principal carers on JobSeeker Payment whose youngest child is under 14 years will be transferred to the higher Parenting Payment (Single) rate of $922.10 and receive an extra $176.90 per fortnight in their basic payment to help with the costs of raising children.
These recipients will also benefit from additional supplementary payments and the more generous Parenting Payment (Single) income test arrangements.
Single principal carers face many barriers to employment and financial security due to the costs associated with caring for young dependent children on their own.
The new age limit of 14 for the youngest child will deliver more support until children have settled into high school and require less direct supervision from their parents.
This measure ensures that from 20 September 2023, Parenting Payment (Single) recipients remain on payment until their youngest child turns 14. Recipients will continue to receive the same payment rate and retain the same supplementary payments and mutual obligation they currently have.
This measure will benefit many women and First Nations recipients. We know that 95.5 per cent of the Parenting Payment (Single) population are women and around 19 per cent are First Nation recipients.
This measure helps single parents to balance caring responsibilities along with looking for work, and supports those parents to do the most important job—and that is raising their children.
The Government understands access to secure and affordable housing has significant social, economic and personal benefits. We recognise many people are struggling with high rental costs, and renters on income support are at particular risk of rental stress and housing insecurity.
That is why, as part of this Bill, the Government is increasing Commonwealth Rent Assistance maximum rates by 15 per cent, in addition to the usual indexation of payments, effective from 20 September 2023.
This is the largest increase to Commonwealth Rent Assistance maximum rates in more than 30 years, equating to around $700 million a year extra, on top of the roughly $5 billion the Government spends on Rent Assistance each year.
Around 1.1 million households who are paying rent high enough to receive maximum rent assistance will be better off by up to $31 per fortnight, depending on their household type.
This includes recipients of JobSeeker Payment and other working age payments, student payments, the Age Pension, Disability Support Pension, Family Tax Benefit and veteran payments.
Since the Albanese Labor Government came into power in May 2022, the maximum amount of rent assistance for a single person on JobSeeker who is living on their own will have increased by 24 per cent. This is $35 more in their pocket each fortnight to help pay their rent.
Commonwealth Rent Assistance is the Government's most direct lever to quickly provide assistance to those payment recipients who are renting. Our Budget measure will help address the pressure associated with housing costs for a significant number of vulnerable households.
The income support measures reflected in this Bill will increase support to around 2 million Australians who are doing it tough.
As a result of this Bill:
This is responsible, targeted cost of living relief to those who need it most.
This Bill provides additional help to those who face significant barriers to work, even in an economy where the unemployment rate is very low.
It includes compassionate and evidence-based measures that strengthen Australia's safety net, providing the platform for single parents, people on income support and their families to get ahead and create a better future.
The Albanese Labor Government believes in a strong social security system, which doesn't demonise people for needing support. Australia's social safety net should be there for people when they need it. We will always do what we can to support people who are doing it tough and need assistance.
TREASURY LAWS AMENDMENT (2023 MEASURES NO. 2) BILL 2023
Schedules 1, 3 and 4 of this Bill will amend our tax laws to provide targeted support to low-income households, primary producers, and small and medium businesses.
In line with our commitment to provide targeted cost of living relief in this year's Budget, the Bill increases the Medicare levy low-income thresholds for singles, families, seniors and pensioners by 3.9 per cent.
This means that singles with a taxable income of up to $24,276 will not be liable for the Medicare levy—an increase of almost $1,000. Similarly, seniors and pensioners will now be able to earn up to $38,365 and families can earn up to $40,939 without being liable.
The change to thresholds to reflect CPI increases is consistent with increases introduced by previous governments, and will support 1.1 million individuals.
The Bill also assists our primary producers to reduce their carbon emissions, by providing concessional tax treatment for Australian Carbon Credit Unit income.
These changes will allow more primary producers to access income averaging schemes that help to distribute uneven income across multiple financial years, and reduce their tax liabilities. Doing so will support primary producers to diversify their business into carbon abatement activities.
They will also change the taxing point for eligible primary producers holding ACCUs. Instead of being taxed as the value changes each year, they will be taxed in the year of sale. Doing so will support primary producer's cash flow by ensuring they are only taxed in years where they have received income, further incentivising the use of ACCUs.
The final tax measure presented in the Bill reduces the GDP adjustment factor used to work out the amount of pay as you go and GST instalments payable for the 2023-24 income year from 12 per centto 6 per cent.
Small businesses are the backbone of our nation's economy. They're at the heart of local communities, employ millions of Australians, and contribute more than $430 billion to our nation's economy every year.
But the Albanese Government knows that deadly flooding, bushfires and the COVID-19 pandemic have hit our small businesses hard. That's why our Budget delivers for small business.
There will be more small business measures passed in this place in the months to come—but these amendments will provide much needed cash flow relief for small and medium businesses from as early as 1 July.
The reduced GDP adjustment factor of 6 per cent strikes a balance: it will minimise cash flow impacts, while helping businesses avoid tax debts through the contribution of reasonable tax instalments through the year.
Schedules 2 and 5 of the Bill amend access to government guarantees.
As part of the privatisation of the Commonwealth Bank, the Australian Government provided a guarantee to ensure that pre-privatisation members would not risk losing their superannuation following privatisation.
The Bill ensures that these members will continue to benefit from the existing guarantee following a planned merger involving CBA Group Super. This will enable the merger to go ahead, as a superannuation fund trustee can only transfer its members to another fund without their consent if it is satisfied that those members will enjoy 'equivalent rights' in the new fund.
The Government supports consolidation in the superannuation industry, where appropriate, as a driver of better member outcomes.
Finally, the Bill enables the National Housing Finance and Investment Corporation, soon to be renamed Housing Australia, to provide assistance to more Australians in need.
The previous government's failure to act seriously on housing has led to significant challenges across the country. It has meant home ownership is out of reach for many ordinary Australians.
The Bill will expand assistance to those who have not held a property interest in Australia in the preceding 10 years.
This will allow those who have fallen out of homeownership, often due to financial hardship or a relationship breakdown, to re-enter the property market with government assistance.
It also expands eligibility for single parents to include single legal guardians of children, such as aunts, uncles and grandparents.
This change recognises the important role guardians play, and the importance that access to housing has for this group. It will help ensure families of different sanctuaries will have a safe and secure place to call home.
The expansion in eligibility recognises the importance of stable and secure housing in providing a foundation for social and economic wellbeing.
Full details of the measures are contained in the Explanatory Memorandum.
VETERANS' AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES NO. 2) BILL 2023
Speaker
One thing that all members of this house will agree on, no matter our differences, is the obligation of this country to those who have served this nation, or continue to serve this nation in the uniform of our armed forces.
It is my privilege and duty as Minister for Veterans' Affairs and Defence Personnel to continue to uphold this obligation.
Support for veterans and their families is a serious responsibility: that those who have served and sacrificed for our nation should be supported following their service.
This nation, and this Parliament has a solemn responsibility to those who served.
The legislation that I am introducing today, the Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2023 will enhance the support and services available to veterans and their families.
The Australian Government recognises the unique challenges faced by defence personnel, veterans and their families.
Supporting them is one of our key priorities, and that's why the recent Budget had such a significant focus on rebuilding the Department of Veterans Affairs, in order to ensure the foundations are laid to improve access to services and supports for veterans and families.
This Bill enhances support for ADF firefighters who served prior to 2004.
This Bill also extends the treatment of certain income from specified employment programs as "exempt income" for income support means testing, and it extends the availability of rent assistance for veterans and their partners who are overseas but are unable to return to Australia due to exceptional circumstances.
Additionally, this Bill expands eligibility for access to services under the Defence, Veterans' and Families' Acute Support Package, available for families of veterans in crisis.
In December 2022, this Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.
Among the many beneficial measures introduced by this Act was additional support for injured or ill federally employed civilian firefighters.
Australian Defence Force firefighters are subject to the same, or additional, threats and exposures as their civilian counterparts.
As a consequence, Schedule 1 of this Bill amends the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 to align with the relevant provisions for firefighters to those of their civilian counterparts as now contained in the Safety, Rehabilitation and Compensation Act 1988.
This amendment will reduce the qualifying period of employment as an ADF firefighter required to be presumptively taken to have made a significant contribution to oesophageal cancers from 25 years to 15 years.
It will also change the wording in the Act to no longer require that firefighting form a 'substantial' part of a person's duties, rather, that it only be 'not insubstantial' part of their duties for the deeming provisions to be applicable.
These changes will provide a simpler basis for acceptance of these conditions for ADF firefighters than the current provisions.
It will also, separately, through Regulations under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), introduce eight additional prescribed cancer conditions to be covered under these arrangements, after a 15 year period conditions like; malignant mesothelioma and primary site lung cancer, and after a 10 year period; primary site cervical cancer, primary site ovarian cancer and primary site pancreatic cancer.
When an individual or family member encounters illness, the last thing they want to be doing is jumping through bureaucratic hoops.
This legislative change seeks to take some of the stress out of the equation, streamlining the access services and supports a veteran or family member would be entitled to.
Now, we know that one of the best supports for a veteran transitioning from service is getting them into fulfilling work, something with a sense of purpose.
There's no doubt that following their service in the Australian Defence Force, veterans can go on to make a massive impact on the success of businesses in civilian life.
For many veterans, and indeed businesses, it's not always clear what skills from service apply to the civilian workplace, and veteran employment programs help bridge that gap.
Schedule 2 of this Bill aligns provisions under the Veterans' Entitlements Act 1986 with existing provisions under the Social Security Act 1991 to allow amounts received from employment programs to not be considered as income for income support means testing purposes.
This will allow amounts received by veterans and their partners from specified employment programs under the Social Security Act to be considered as exempt from the income test under the Veterans' Entitlements Act.
Schedule 3 of this Bill aligns provisions under the Veterans' Entitlements Act with existing provisions under the Social Security legislation, which will allow payment of rent assistance beyond 26 weeks for veterans and their partners when temporarily overseas and unable to return to Australia due to unforeseen circumstances, such as what occurred recently due to COVID-19.
These changes will remove the current existing discrepancy that may impact on veterans and their families receiving income support and rent assistance compared to the entitlements their civilian counterparts are now currently able to receive.
Finally, Schedule 4 of this Bill delivers on our 2023-24 Budget measure to expand eligibility for the Defence, Veterans' and Families' Acute Support Package.
We know that families look different all over the country.
For many kids, grandparents are their primary carers, so we're expanding this Package to make sure that grandcarer veteran families are also supported if experiencing crisis.
The Acute Support Package, which commenced in October 2022, is available to working age veteran families, widowed partners and their children.
The Package is designed to support working age families who are experiencing new and challenging life circumstances that mean the family unit needs support to get back on track.
Services available include a range of wellbeing and skills-based support services for families in crisis, such as childcare, counselling for adults and children, household assistance, transport, and wellbeing, academic and extra-curricular support for children.
The changes will extend eligibility for these services to a small but vulnerable group: children of veterans who are under the fulltime care of their grandparent carers—grandcarers.
This recognises that some grandparent carers may also require assistance when providing full-time care to their grandchildren who are the children of veterans.
This will enable support and continuity of support in line with the intent of the Acute Support Package to support families in crisis.
The Albanese Labor government is committed to supporting veterans and their families.
We're committed to establishing the strongest foundations of support for our service personnel, veterans and their families; a strong foundation for a better future.
I commend the Bill to the House.
Debate adjourned.
Ordered that the bills be listed on the Notice Paper as separate orders of the day.
No comments