Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Hansard source

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—

CRIMES AMENDMENT (STRENGTHENING THE CRIMINAL JUSTICE RESPONSE TO SEXUAL VIOLENCE) BILL 2024

Sexual assault can have devastating, cumulative and long-lasting effects on the lives of victims and survivors, their families and communities. I recognise this and thank victims and survivors for their advocacy for law reform in this space.

The Australian Government is deeply committed to improving criminal justice responses to sexual assault. This means ensuring the criminal justice system supports vulnerable people at all stages of the criminal justice process.

The Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 amends the Crimes Act 1914 to strengthen protections for vulnerable persons involved in Commonwealth criminal proceedings.

This builds on the extensive work of the Australian Government throughout this parliamentary term in leading a national discussion on strengthening criminal justice responses to sexual assault.

In the 2023-24 Budget, the Australian Government announced that it is investing $14.7 million to strengthen the way the criminal justice system responds to sexual assault to prevent further harm to victims and survivors. This includes an Australian Law Reform Commission inquiry into justice responses to sexual violence; a lived experience expert advisory group to support that inquiry; and a ministerial-level national roundtable to drive nation-wide, cross sector collaboration and inform the terms of that inquiry.

That work is now well underway. Last August, the Government convened the ministerial national roundtable and the ALRC inquiry has just commenced. The Government expects the ALRC inquiry to conclude early next year.

This Bill implements several outstanding recommendations regarding the pre-recording of evidence from the 2017 Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse.

The Bill also supports victims and survivors by:

The Bill expands the range of offences covered by existing protections for vulnerable persons in Commonwealth criminal proceedings. It ensures adult complainants are able to access vulnerable witness protections for offences that occurred while they were children, including crimes against humanity, war crimes and drug offences. This recognises the broad range of offences impacting vulnerable people, and that it may take many years for a victims and survivors to disclose their abuse.

The Bill introduces a range of measures to address the admissibility of evidence concerning vulnerable people. Evidence about a vulnerable person's reputation with respect to their sexual activities will be made inadmissible. Greater restrictions are also placed on sexual experience evidence, making it inadmissible except in limited circumstances and where the court grants leave. This type of evidence is too far removed from evidence of actual events or circumstances for its admission to be in the interests of justice, and can re-traumatise vulnerable persons by 'victim-blaming'. A court will therefore need to be satisfied that sexual experience evidence is substantially relevant to the proceedings, and to consider whether its probative value outweighs any distress, humiliation or embarrassment to the vulnerable person.

The Bill addresses barriers that may deter vulnerable witnesses from giving evidence. The new measures allow for a vulnerable person to give evidence by way of video or audio recording, and for evidence to be recorded for use at subsequent proceedings. Importantly, witnesses will not be required to see the defendant when giving recorded evidence, and it will be an offence to intentionally copy, damage, alter, possess or supply recordings of the evidence. This aims to reduce the risk of re-traumatising victims and survivors and will enable vulnerable persons to give evidence in a safe, controlled format.

Due process for defendants is retained as defendants will be provided with the opportunity to observe the evidence recording hearing (as they would be during an ordinary hearing) and will have access to relevant evidence recordings.

The Bill supports the voices of victims and survivors by ensuring they are empowered to speak out, if they choose to do so. The Bill makes it clear that the current restriction on publishing material that identifies another person as a child witness, child complainant or vulnerable adult complainant in a proceeding does not apply to a person who publishes material that identifies themselves. The Bill will also remove the requirement for the proceedings to be finalised before such publication may occur, and clarifies the law that there is no restriction on identifying a vulnerable person who is deceased.

Not only do these amendments ensure victims and survivors are able and supported to speak out should they wish to do so, but they also present an opportunity for the public to gain a better understanding of sexual violence from the perspective of victims and survivors. Most importantly, these changes give victims and survivors back their voice, as well as the agency and power to control their own stories and experiences. Limiting this provision to victims and survivors balances providing a legal mechanism to support them to speak out while preserving the ability for victims and survivors to maintain their privacy. This safeguard ensures that the choice is that of the individual, and that they are empowered, but not obligated, to tell their story.

These reforms will progress the work of the government under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 and the Standing Council of Attorneys-General's work plan to strengthen criminal justice responses to sexual assault.

This Bill is an important step toward creating better outcomes for vulnerable persons in Commonwealth criminal proceedings through strengthened protections and enhanced safeguards. The amendments aim to minimise the risk of re-traumatisation, and provide greater assurance that vulnerable persons will be treated with appropriate sensitivity when appearing as witnesses or complainants in criminal proceedings.

I commend the Bill to the House.

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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR AMENDMENT (STRENGTHENING QUALITY AND INTEGRITY IN VOCATIONAL EDUCATION AND TRAINING NO. 1) BILL 2024

Today I am introducing the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No.1) Bill 2024 (the Bill).

The Bill amends the National Vocational Education and Training Regulator Act 2011 (the Act) to support the integrity and quality of Australia's vocational education and training (VET) sector. It does this by strengthening and clarifying the powers of the National VET Regulator, the Australian Skills Quality Authority (ASQA).

The Bill empowers ASQA to take decisive action against the minority of non-genuine or unscrupulous Registered Training Organisations (RTOs). The Bill targets those RTOs that use their business operations as a veil of legitimacy for fraudulent activity, or to circumvent the regulatory requirements for the delivery and assessment of VET. The Bill will enable ASQA to take swift action to deter and remove non-genuine or unscrupulous RTOs, and to apply greater scrutiny to new RTOs seeking to enter the VET sector.

The Bill also provides for increases to the penalties that ASQA is able to seek against RTOs for serious breaches of the Act. The penalty units in the Act have not been increased since the Act commenced in 2011, and these changes are in the view of the Government long overdue. This is designed to ensure that penalties in relation to unscrupulous or non-genuine conduct outweigh any financial gain to be had from that conduct.

The Government is committed to supporting a high performing, reputable and trustworthy VET sector. The Government recognises that this sector is critical to skilling Australians, creating career opportunities and pathways to secure work, as well as delivering the skills needed to drive the economy. This is demonstrated in the landmark, $30 billion, five-year National Skills Agreement between the Government and state and territory governments that will provide the skills needed for a modern economy.

The Bill represents the next step in the Government's work to protect students and build the integrity and quality of our VET sector. It follows the Government's $37.8 million investment to support ASQA's processes, as provided for in the 2023-24 Mid-Year Economic and Fiscal Outlook. This investment provides for an integrity unit within ASQA, significant upgrades to ASQA's digital and data systems, and the establishment of a tip-off line to detect and address unacceptable and egregious behaviour by RTOs.

Working with state and territory Skills Ministers, the Government has also strengthened the Fit and Proper Person Requirements under the Act, to apply increased scrutiny on those in management positions within RTOs. This change expanded the list of matters ASQA can consider when determining if a person is fit and proper, including a new power to consider conduct that suggests a deliberate pattern of unethical behaviour.

These changes are being made in parallel with work underway to revise the Standards for RTOs. New RTO Standards are being designed to drive integrity across the sector. These reforms will emphasise quality rather than baseline compliance, and will make it more difficult for non-genuine or poor-quality providers to comply with the new standards.

The amendments in the Bill respond to integrity and quality issues highlighted in a number of reviews dating back to 2018. These reviews made recommendations to ensure students from Australia and overseas who choose to access our VET sector can be confident in the high standard of education and training delivered. These recommendations include those made in the 2023 Rapid Review into the Exploitation of Australia's Visa System, conducted by Christine Nixon AO, APM (known as the Nixon Review), as well as those in the 2018 review All eyes on quality: Review of the Act 2011, conducted by Professor Valerie Braithwaite (known as the Braithwaite Review).

The Bill has also been informed by the 2023 report of the Joint Standing Committee on Foreign Affairs, Defence and Trade's 'Quality and Integrity—the Quest for Sustainable Growth': Interim Report into International Education.

The Bill also incorporates changes from the lapsed Regulator Performance Omnibus Bill 2022 (the Omnibus Bill) to improve regulator efficiency and remove areas of legal uncertainty for regulated entities.

I turn now to the measures in the Bill.

First, the Bill enables the automatic lapsing of an RTO's registration where it has not delivered training and/or assessment for a period of 12 months, as recommended by the Braithwaite Review. These provisions will apply to any RTO that has not delivered training and/or assessment for 12 consecutive months. This targets the integrity risks posed by dormant RTOs that are not demonstrating a genuine commitment to education and training delivery. For example, dormant RTOs that use their registration purely for on- selling purposes will be subject to an automatic lapsing of their registration, by force of law, where they have not delivered training and/or assessment for 12 months.

To ensure procedural fairness, RTOs will be able to seek an extension from ASQA in instances where the RTO has a legitimate, reasonable justification for the non-delivery of training or assessment. These extensions are for a maximum of 12 months, and will only be granted where the reason the RTO has not provided training or assessments is demonstrably outside its control. Such limited circumstances could include, for example, natural disasters such as fire, flood, or pandemic events.

This measure applies to RTOs that have not delivered training and/or assessment for 12 consecutive months from 1 January 2023, in order to apply to dormant providers currently in the sector. For these RTOs, their registration will lapse on 1 July 2024 (or after 90 days following the day after Royal Assent, whichever is later). Those RTOs will be able to apply to ASQA for an extension 60 days before their registration lapses to demonstrate a legitimate, reasonable justification for the non-delivery of training or assessment.

Second, the Bill will prevent an RTO from adding new courses to its scope of registration in the first two years of registration to manage quality risks to students, addressing a Braithwaite Review recommendation. This will ensure newly registered RTOs are required to focus on delivering quality training and/or assessment in the segment of the market for which they were originally approved. It will also provide ASQA with the opportunity to assess a new RTO's operations over a reasonable period, to ensure a new RTO has a sound understanding of the educational integrity and commitment required to operate in the sector, prior to expanding its course offerings.

Third, the Bill expands the period within which the Regulator can conduct an internal review of decisions. This ensures ASQA can give due consideration to complex or high-risk review decisions.

Fourth, the Bill gives ASQA greater discretion in terms of how it prioritises, considers, and makes decisions in relation to applications for initial registration of an RTO. This ensures registration applications can be prioritised, such as where reputable applicants propose to deliver courses in areas of skills shortage or where there is community need. It will also enable ASQA to decide simple applications quickly and efficiently, while applying appropriate scrutiny to complex or high-risk applications.

Fifth, Bill empowers the Minister responsible for VET to determine a specified period where the Regulator is not required to, or must not, process or accept initial applications for RTO registration. This determination must be made in consultation with ASQA and with the agreement of state and territory Skills Ministers.

This determination could be used by the Minister where ASQA identifies a trend in applications by non-genuine or unscrupulous providers seeking to enter the VET sector, for reasons other than a genuine commitment to the delivery of quality training. The determination could also be used where ASQA has received a considerable influx of applications, and the number of applications means that granting them would have a deleterious effect on the integrity, health and quality of the VET sector. The determination may apply to one or more classes of applications. This will permit ASQA to target specific cohorts of RTO applicants that pose a risk to the sector, without disrupting the acceptance and processing of other applications for registration.

Sixth, the Bill improves student protection by expanding offence and civil penalty provisions to cover a broader range of false or misleading representations by RTOs about their operations. This clarifies that ASQA will be able to consider broader activities that relate to a non-genuine or unscrupulous RTO's business operations, including where it publishes false and misleading descriptions about its training, or misleading images of delivery locations, premises, and facilities. It would also prohibit the publication of false testimonials. These provisions will remove impediments to ASQA taking decisive action in response to RTOs that seek to mislead students with false representations and false advertising.

Applying tougher penalties to egregious RTO behaviour is imperative to support integrity in the VET sector, and to deter those that currently see penalties as a risk worth taking, or a 'cost of doing business'. The Bill increases the maximum penalty for many of the offence and civil penalty provisions in the Act five-fold. Currently, maximum penalties for affected offences under the Act range from $9,390 to $187,800. These amendments mean those penalties will now range from $46,950 to $939,000 under current penalty unit values. These increases are focused on the offences and civil contraventions which threaten VET integrity, student protection and are otherwise indicative of practices that may be associated with non-genuine or unscrupulous providers.

Finally, the Bill supports effective regulation through a number of technical and administrative changes.

Measures previously introduced in the lapsed Performance Regulator Omnibus Bill 2022 further support efficient regulation by clarifying the use of personal information contained in audit reports, aligning registration requirements with similar requirements under the Education Services for Overseas Students Act 2000 (the ESOS Act) and clarifying review processes to better align with the internal review process in the Tertiary Education Quality and Standards Agency (TEQSA) Act 2011. This will ensure streamlined interactions for entities regulated by both TEQSA and ASQA under the ESOS Act.

The measures in the Bill, combined with the steps already taken, demonstrate the Government's commitment to lifting integrity and delivering quality outcomes for those who access our VET sector.

The Bill supports the majority of providers—those who are genuine, are doing the right thing, and are in the business of education and training for the right reasons. They, along with students, industry and the whole Australian community will benefit from the removal of non-genuine and unscrupulous providers, who undermine integrity and trust in VET.

A well-regulated and trusted VET sector will strengthen Australia's ability to ensure our skills and training workforce needs are met now and into the future.

I commend the Bill to the chamber.

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PASSENGER MOVEMENT CHARGE AMENDMENT BILL 2024

The Passenger Movement Charge Amendment Bill 2024 gives effect to a measure announced by the Government as part of the 2023-24 Budget. This Bill will amend the Passenger Movement Charge Act 1978 to increase the passenger movement charge from $60 to $70 from 1 July 2024.

The passenger movement charge is imposed on persons departing Australia for another country and is usually collected by the carrier, such as an airline, at the time a ticket is sold, and then remitted by the carrier to the Department of Home Affairs.

Border Revenue Collection measures, such as the collection of the passenger movement charge, play an important role in advancing Australia's economic interests and helping to fund our critical border protection services, such as customs, immigration and biosecurity. This is the first time the passenger movement charge has been increased since 2017.

In the intervening period, the Government has already acted to improve the traveller experience at our border. We continue to invest in improving the performance of our airports and the passenger experience through our international airports and cruise ship terminals. This includes commitments in the 2022-23 Budget of $60 million to upgrade Hobart Airport runway and airfield facilities and $55 million to upgrade Newcastle Airport.

The Government has invested over $48 million in a range of measures to support Australian tourism and travel. These initiatives include programs to revive international travel, upskill workers, ensure quality tourism products and deliver infrastructure upgrades. These programs support the THRIVE 2030 strategy, which sets out a long-term plan for growing Australia's visitor economy.

This increase of $10 to the passenger movement charge is broadly in line with the increase in inflation since 2017. It will see an additional $520 million generated in revenue over the next three years. This is one of several measures the Government announced in the 2023-24 Budget as part of our Economic and Fiscal Strategy to make the economy and budget stronger, more resilient and more sustainable over the medium term.

This considered increase to the passenger movement charge will bolster the Government's capacity to invest in the protection of our international border—including the Government's recent investment in strengthening Australia's biosecurity system, as well as supporting the important and expanding work of the Australian Border Force.

We continue to see a steady increase in international visitors to Australia, and the outlook for the visitor economy is positive.

This increase to the passenger movement charge will apply to persons departing Australia from 1 July 2024 with a ticket purchased from that time. This is a considered and responsible measure that will contribute to the continued economic prosperity of Australia, including continued support and investment in our travel and tourism sectors.

Ordered that the following bills be listed on the Notice Paper as separate orders of the day.

Ordered that further consideration of the second reading of these bills be adjourned to the first sitting day of the next period of sittings, in accordance with standing order 111.