I present 26 government responses...: 14 May 2024: Senate debates (OpenAustralia.org)

Senate debates

Tuesday, 14 May 2024

Committees

Community Affairs References Committee, Electoral Matters Joint Committee, Environment and Communications Legislation Committee, Environment and Communications References Committee, Finance and Public Administration Legislation Committee, Foreign Affairs, Defence and Trade Legislation Committee, Intelligence and Security Joint Committee, Legal and Constitutional Affairs Legislation Committee, Political Influence of Donations Select Committee, Rural and Regional Affairs and Transport Legislation Committee; Government Response to Report

4:57 pm

Jenny McAllister (NSW, Australian Labor Party, Assistant Minister for Climate Change and Energy) Share this | Hansard source

I present 26 government responses as set out in the document available in the chamber and listed on the Dynamic Red, and I seek leave to have the documents incorporated in Hansard.

Leave granted.

The documents read as follows—

Australian Government response to the Senate Standing Committee on Community Affairs:

The worsening rental crisis in Australia—Interim and Final Reports

May 2024

Introduction

On 7 December 2023, the Senate Standing Committee on Community Affairs (the Committee) released its final report for the Inquiry into the worsening rental crisis in Australia (the Inquiry).

The Australian Government welcomes the final report and thanks the Committee for its work. The Government also acknowledges the interim report released as part of the Inquiry.

Committee Proceedings

On 22 June 2023 the Senate referred an inquiry into the worsening rental crisis in Australia to the Community Affairs References Committee for inquiry and report.

The Inquiry received 410 written submissions, with over 16,000 simplified submissions from members of the public. The Departments of Treasury and Social Services (DSS) provided a joint submission.

The Committee held four public hearings. Treasury, DSS and the National Housing Finance and Investment Corporation (now Housing Australia) gave evidence at the public hearing held on 27 September 2023.

The Committee published its interim report on 21 September 2023, and its final report on 7 December 2023.

Recommendations

A total of 43 recommendations were made across the final and interim reports. The final report makes 38 recommendations, and 5 recommendations were made as part of the interim report. This response is to the 43 recommendations made across the interim and final reports.

The Australian Government acknowledges the challenging experience that many renters are facing, and thanks the thousands of Australians who shared their lived experiences with the Committee. The current environment has created pressures for the growing number of Australians who rent. Renters tend to be younger, have lower incomes, less wealth and live in lower-quality housing than owner-occupiers. In recent times, some have been left worse-off with advertised rent growth exceeding inflation and average wage increases. This is likely to be causing hardship for more vulnerable renters and may be pushing some into insecure housing arrangements.

Moderating price pressures in the short term is challenging. The most effective way to sustainably improve rental affordability is to increase housing supply. The Government is pursuing a number of policies to boost supply, address the cost of housing for buyers and renters and make it easier for renters to transition into home ownership. These policies are part of a plan to deliver 1.2 million new homes over five years from 1 July, including 50,000 new rental homes. They also form part of the more than $25 billion in new investments in housing over the next decade the Government has announced since its election. Further details on these measures are at Appendix A.

In response to the 43 recommendations, the Australian Government supports 12 recommendations, supports in principle 3 recommendations, partially supports 3 recommendations, notes 21 recommendations, and does not support 4 recommendations.

Response to the interim recommendations

Recommendation 1

The Committee recommends that the Australian Government take a coordinating role to implement stronger rental rights.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government is working collaboratively with states and territories through National Cabinet to strengthen renters' rights. This includes rental reforms agreed by National Cabinet on 16 August 2023 under A Better Deal for Renters. States and territories are responsible for implementing tenancy reforms.

Recommendation 2

The Committee recommends that the Australian Government continue to invest in public, social, community and genuinely affordable housing.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government understands access to secure and affordable housing has social, economic, and personal benefits for all Australians. The Australian Government is working constructively with state, territory, and local governments to continue to invest in social and affordable housing. Significant measures include:

This is in addition to other Australian Government initiatives, including:

Work on the development of a National Housing and Homelessness Plan is also underway. The Plan will be a 10-year strategy, which will set out a shared vision to inform future housing and homelessness policy in Australia.

Further details on the more than $25 billion in new investments in housing over the next decade the Government has announced since its election are at Appendix A.

Recommendation 3

The Australian Greens recommend the Australian Government take a coordinating role to guarantee stronger rental rights, including:

Australian Government response

The Australian Government partially supports this recommendation.

On 16 August 2023, all states and territories agreed to a range of reforms under National Cabinet's A Better Deal for Renters, including to:

States and territories are responsible for implementing these reforms.

Recommendation 4

The Australian Greens recommend the Australian Government urgently commit investment in public, social, community and genuinely affordable housing commensurate with the shortfall.

Australian Government response

The Australian Government supports in principle this recommendation.

This is in addition to other Australian Government initiatives, including:

Further details on the more than $25 billion in new investments in housing over the next decade the Government has announced since its election are at Appendix A.

Recommendation 5

The Australian Greens recommend the Australian Government coordinate with the states and territories to freeze rental increases for two years, followed by a limit on rental increases of 2 per cent every 2 years. Both the freeze and the ongoing limits should be attached to the property, not the specific tenancy or lease. The reference date for the freeze on rental increases should be backdated to avoid rents being increased in anticipation of the restrictions. The freeze and ongoing cap should apply to new properties where starting rents are set at the median rent for the area and property type.

Australian Government response

The Australian Government does not support this recommendation.

The Australian Government acknowledges that renters are facing significant challenges.

The regulation of residential tenancies, including rental agreements and pricing, is the responsibility of state and territory governments. On 16 August 2023, National Cabinet agreed to A Better Deal for Renters, which includes developing a nationally consistent policy to require genuine reasonable grounds for eviction, moving towards limiting rental increases to once a year and phasing in minimum rental standards.

Achieving the policy objectives of rental price intervention is difficult as it limits labour market mobility, is inequitable, imposes negative externalities, negatively affects the quality of rental stock, imposes costs on future renters and leads to a reduction in rental supply and increases in rental costs, leaving many renters worse off in the long term. For example, San Francisco's rent caps were found to have resulted in a number of landlords either moving into the properties themselves or selling them. This reduced the supply of available rental stock by 15 per cent and led to a 5.1 per cent increase in overall rent prices over the next twenty years—creating an overall rise in rents of $2.9 billion that was paid for by current and future tenants.

The most effective way to sustainably improve rental affordability is to increase housing supply and the Australian Government has committed to several measures aimed at boosting supply as part of its housing reform agenda. Further information is at Appendix A.

Response to the final recommendations

Chair recommendations

Recommendation 1

The Chair recommends the Australian Government commit to substantial further investment in public, social and genuinely affordable housing in the 2024-25 Federal Budget, including specific funding for youth and First Nations housing.

Australian Government response

The Australian Government notes this recommendation.

This is in addition to other Australian Government initiatives, including:

The National Housing and Homelessness Plan, which is being developed and is expected to be released in 2024, will set out a vision for housing and homelessness policy in Australia, and consider public, social, and affordable housing.

Future funding arrangements between the Commonwealth and states and territories are also under negotiation. The Australian Government has agreed to a one-year extension to the National Housing and Homelessness Agreement (NHHA) which will provide approximately $1.7 billion in 2023-24 to the states and territories. The extension provides further time to work with states to develop and negotiate new funding arrangements to replace the NHHA.

The Government has increased the maximum rates of Commonwealth Rent Assistance (CRA) by 15 per cent at a cost of around $0.7 billion per year. This is the largest increase to CRA maximum rates in more than 30 years.

The Government is also providing $4 billion over ten years, through a joint investment with the Northern Territory Government to improve housing outcomes and reduce overcrowding in remote NT communities. This investment builds on the one-year Northern Territory Remote Housing Agreement which accelerated housing delivery in 2023-24. The Government has invested $111.7 million through the agreement, which is matched by the Northern Territory Government to deliver a minimum of 157 houses.

In addition, the Government has committed $120 million over three years to extend funding for repairs and maintenance on housing and essential infrastructure on Northern Territory Homelands. This investment matches the NT Government's existing program of $40 million per annum and builds on progress made through the Government's $100 million election commitment to restore funding for homelands.

Further information on the more than $25 billion in new investments in housing over the next decade the Government has announced since its election is at Appendix A.

Recommendation 2

The Chair recommends the Australian Government quantify the yearly investment that will be required from the Federal Government to meet the shortfall in public and community housing.

Australian Government response

The Australian Government notes this recommendation.

The Australian Government understands safe and affordable housing is central to the security and dignity of all Australians. That is why the Australian Government is working with state and territory governments and industry to deliver 50,000 new social and affordable homes in the five years from July 2024. This is part of the more than $25 billion in new investments in housing over the next decade the Government has announced since its election. Further information on this is at Appendix A.

The Australian Government has established the National Housing Supply and Affordability Council (the Council) to provide expert advice and an evidence base on how Government can improve housing supply and affordability. The Council is developing a model on housing supply and demand, to provide a comprehensive view of how construction activity, housing stock, rental prices and housing prices are influenced by economic factors.

The Council will also produce a State of the Nation's Housing Report each year that will, among other things, outline the number of households in housing need.

Recommendation 3

The Chair recommends the Australian Government redirect foregone revenue from negative gearing and capital gains tax discounts to increase supply of public and community housing.

Australian Government response

The Australian Government does not support this recommendation.

The Australian Government notes that negative gearing and the capital gains tax discount apply more broadly than housing and have been long standing.

The Australian Government recognises the need for more social and affordable housing. That is why it is working with state and territory governments and industry to deliver 50,000 social and affordable homes in the 5 years from July 2024. This is part of the more than $25 billion in new investments in housing over the next decade announced since its election. Further information on this is at Appendix A.

Recommendation 4

The Chair recommends the Australian Government coordinate with state and territory governments to implement mandatory inclusionary zoning for all new developments.

Australian Government response

The Australian Government notes this recommendation.

The Government is working closely with states and territories to implement planning and zoning reforms, including those outlined the National Planning Reform Blueprint (the Blueprint) as agreed to at National Cabinet.

As part of the Blueprint, First Ministers agreed to consider the phased introduction of inclusionary zoning and planning to support permanent affordable, social and specialist housing in ways that do not add to construction costs.

States and territories are responsible for the implementation of these reforms.

Recommendation 5

The Chair recommends the Australian Government coordinate with state, territory, and local governments to improve its data collection regarding short-term rental accommodation, including advancing the development of registers for monitoring and compliance purposes.

Australian Government response

The Australian Government notes this recommendation.

State and territory governments are responsible for the regulation of short-term rental accommodation, with some states providing local government with some decision-making powers in this area. As such, states and territories are best placed to undertake any data collection work for short-term rental accommodation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to consider options for better regulation of short-stay residential accommodation.

Recommendation 6

The Chair recommends the Australian Government coordinate with state, territory, and local governments to make it easier for local governments to implement policies and compliance mechanisms regarding short-term rental accommodation, including applying local caps on the number of days a short-term rental property can be rented.

Australian Government response

The Australian Government notes this recommendation.

State and territory governments are responsible for the regulation of short-term rental accommodation, with some states providing local government with some decision-making powers in this area.

Recommendation 7

The Chair recommends the Australian Government immediately review the adequacy of all income support payments, including whether eligibility rules for these payments effectively target those most in need.

Australian Government response

The Australian Government notes this recommendation.

The Government has committed to consider the rates of income support payments at every Budget update and has established the Economic Inclusion Advisory Committee to provide advice ahead of every Federal Budget on economic inclusion, including policy settings, systems and structures, and the adequacy, effectiveness, and sustainability of income support payments.

Since 20 September 2023, around 1.1 million recipients of JobSeeker Payment and other working age and student payments have been receiving at least a $40 increase a fortnight as a result of the Australian Government's 2023-24 Budget measures.

Regular indexation of certain payment rates, such as JobSeeker Payment and Commonwealth Rent Assistance (CRA), also occurred on this date, meaning eligible recipients received both increases at the same time.

This means that from 20 September 2023, the JobSeeker Payment rate for single recipients without a dependent child increased by $69.60 to $762.70 a fortnight (inclusive of indexation increases on 20 September 2023 and 20 March 2024).

This is part of a broader social security package including an additional $2.7 billion over five years from 2022-23 to increase CRA maximum rates and $1.9 billion over five years from 2022-23 to extend eligibility to Parenting Payment (Single) to single principal carers with a youngest child under 14 years of age.

Recommendation 8

The Chair recommends the Australian Government undertake a review of the Commonwealth Rent Assistance program, including eligibility criteria to determine whether it is the most effective mechanism to improve rental affordability or whether across-the-board increases in income support may be more appropriate.

Australian Government response

The Australian Government notes this recommendation.

The Australian Government increased the maximum rates of Commonwealth Rent Assistance (CRA) by 15 per cent at a cost of around $0.7 billion per year. This is the largest increase to CRA maximum rates in more than 30 years. From September 2023, maximum rates for CRA recipients have increased by up to $41.16 per fortnight, depending on the household type (including both the 15 per cent increase and indexation on 20 September 2023 and 20 March 2024).

CRA is a non-taxable income supplement payable with income support payments, Family Tax Benefit Part A, and veteran's service pensions or income support supplements to eligible Australian individuals and families liable to pay private rent for their principal home. The Government has committed to consider the rates of income support payments at every Budget update and has established the Economic Inclusion Advisory Committee to provide advice ahead of every Federal Budget on economic inclusion, including policy settings, systems and structures, and the adequacy, effectiveness, and sustainability of income support payments.

An across-the board increase to income support payments would not provide a targeted way of increasing rental affordability.

CRA is targeted to income recipients in the private rental market. As at September 2023 the majority of income support recipients (60.5 per cent) do not pay rent, with a further 7 per cent supported with public housing.

Recommendation 9

The Chair recommends the Australian Government immediately increase all income support to ensure no income support recipient lives in poverty.

Australian Government response

The Australian Government notes this recommendation.

In the 2023-24 Budget, the Australian Government announced a range of measures to help with cost-of-living pressures for around 2 million Australians, through increases to working-age and student payments and Commonwealth Rent Assistance (CRA).

These measures, which came into effect on 20 September 2023, included:

Between May 2022 and March 2024, including indexation increases and the 2023-24 Budget measures, the base rate of:

Recommendation 10

The Chair recommends the Australian Government coordinate with the states and territories to freeze rental increases for two years, followed by a limit on rental increases of two per cent every two years. Both freeze and the ongoing limits should be attached to the property, not the specific tenancy or lease. The reference date for the freeze on rental increases should be backdated to avoid rents being increased in anticipation of the restrictions. The freeze and ongoing cap should apply to new properties where starting rents are set at the median rent for the area and property type.

Australian Government response

The Australian Government does not support this recommendation.

The Australian Government acknowledges that renters are facing significant challenges.

The most effective way to sustainably increase rental affordability is to increase housing supply and the Australian Government has committed to several measures aimed at boosting supply as part of its housing reform agenda. Further information is at Appendix A.

Recommendation 11

The Chair recommends the Australian Government work with state and territory governments to amend tenancy laws to strengthen the prohibition on rent bidding, including ensuring that the advertised rent for a property matches the actual rent agreed in the lease.

Australian Government response

The Australian Government partially supports this recommendation.

On 16 August 2023, all states and territories agreed to implement a ban on soliciting rent bidding as part of reforms agreed under National Cabinet's A Better Deal for Renters. States and territories are responsible for implementing this reform.

Recommendation 12

The Chair recommends the Australian Government work with state and territory governments to develop standardised rental application forms that contain clear and specific limits on the types of information that can be requested of renters.

Australian Government response

The Australian Government supports this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to prescribe a rental application form in each jurisdiction and specify information not allowed to be collected from a tenant or more generally. States and territories are responsible for implementing these reforms.

Recommendation 13

The Chair recommends the Australian Government expand the application of the Privacy Act to all real estate agencies and RentTech businesses as part of the Government's ongoing Privacy Act reforms.

Australian Government response

The Australian Government supports in principle this recommendation.

The Australian Government is committed to uplifting Australia's privacy protections, and ensuring the Privacy Act is fit-for-purpose for the digital age. Currently, the Privacy Act applies to all organisations with an annual turnover of over $3 million, including real estate agencies and RentTech businesses. In its response to the Privacy Act Review Report, the Australian Government agreed-in-principle to remove the small business exemption, subject to further consultation with small businesses and their representatives on the impact of removing the small business exemption. This would inform consideration of what privacy obligations should be modified for small businesses to ease regulatory burden and what supports small businesses will need to comply with new privacy obligations. The Australian Government also agreed in-principle that in the shorter term, small businesses which engage in activities that pose a significant privacy risk should no longer be able to rely on the small business exemption. The Australian Government is committed to developing privacy reform legislation in this term of government.

Separate to the Australian Government's ongoing Privacy Act Reforms, on 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to make rental applications easier and protect renters' personal information, including to:

States and territories are responsible for implementing these reforms.

Recommendation 14

The Chair recommends the Australian Government coordinate with state and territory governments to strengthen regulation of RentTech to ensure that renters' rights are adequately protected.

Australian Government response

The Australian Government notes this recommendation.

Recommendation 15

The Chair recommends the Australian Government coordinate with state and territory governments to remove no-grounds evictions, including at the end of a fixed term agreement. Grounds should be limited to:

Australian Government response

The Australian Government partially supports this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to develop a nationally consistent policy to implement a requirement for genuine reasonable grounds for eviction, having consideration to the current actions of some jurisdictions. States and territories are responsible for implementing this reform.

Recommendation 16

The Chair recommends the Australian Government work with state and territory governments to develop and legislate a set of minimum standards for energy efficiency, thermal comfort, and accessibility in all rental homes, including social housing.

Australian Government response

The Government notes this recommendation. On 16 August 2023, all states and territories agreed to phase in minimum quality standards for rental properties (e.g. stovetop in good working order, hot and cold running water) as part of reforms agreed under National Cabinet's A Better Deal for Renters. States and territories are responsible for implementing this reform.

Victoria is leading development of a National Framework for Minimum Energy Efficiency Standards in Rented Homes to provide guidance for Australian state and territory governments which are considering developing their own minimum energy efficiency standards in rented homes, including for renters in social housing. Development has involved contributions from stakeholders including tenant advocacy groups, rental provider representatives and property managers as well as environmental and social advocacy groups.

The National Construction Code (NCC) applies to the design and construction of new buildings or larger scale renovations in existing buildings. The liveable (accessible) housing provisions in the NCC helps to increase the overall supply of accessible homes and apartments in Australia. Should state and territories wish to pursue legislation as per the recommendation, the NCC's liveable housing provisions may be a helpful resource to draw upon.

To help drive down household energy bills, the Australian Government announced a Household Energy Upgrades Fund (HEUF) in the 2023-24 budget.

This includes $300 million to support energy upgrades to social housing, co-funded and designed in partnership with states and territories. Co-funding will target a range of high value energy upgrades to deliver energy and cost saving benefits for up to 60,000 households in both public and community social housing.

It is expected to deliver a range of upgrades targeted to the needs of social housing stock in each jurisdiction, including solar PV, appliances, and insulation. This will benefit tenants through sustained savings on their energy bills, and improvements to their comfort and health.

The Initiative will roll out during 2024 with funding available over 4 years.

Recommendation 17

The Chair recommends the Australian Government work with state and territory governments to increase substantially investment in repairing and maintaining existing social housing stock.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government is working collaboratively with states and territories to improve housing stock. This includes, the National Housing and Homelessness Agreement (NHHA), which is a national funding agreement between the Australian Government and the states and territories. NHHA general funding can be used to maintain existing social housing stock noting states have the responsibility and flexibility of determining how funding is allocated.

The Australian Government has agreed a one-year extension of the NHHA which will provide approximately $1.7 billion in 2023-24 to the states and territories for social housing and homelessness services. The one-year extension of the NHHA provides further time to work with states and key stakeholders to develop a new housing and homelessness funding arrangement, the details of which are subject to ongoing negotiations.

The Australian Government also paid $2 billion to state and territory governments in June 2023 through the Social Housing Accelerator to deliver thousands of new and refurbished social homes across Australia. States and territories have some flexibility in how they spend their share of the Social Housing Accelerator payment, including refurbishing currently uninhabitable social housing stock.

The Housing Australia Future Fund (HAFF) can also support projects that renovate existing residential dwellings that would otherwise be uninhabitable to support an increase of available social and affordable housing stock.

Recommendation 18

The Chair recommends the Australian Government coordinate with state and territory governments to require the disclosure of properties' compliance with minimum standards in rental advertisements.

Australian Government response

The Australian Government notes this recommendation.

Rental regulation and tenancy matters are the responsibility of state and territory governments.

The Australian Government is working with state and territory governments through the Energy and Climate Change Ministerial Council (ECMC), and with key industry stakeholders, to establish a Home Energy Ratings Disclosure Framework (the Disclosure Framework).

The Disclosure Framework sets out the overarching parameters for home energy rating disclosure schemes, for state and territory governments to implement their own disclosure schemes of energy ratings for existing homes at the point of sale and lease. The Framework also supports a market environment that encourages disclosure and energy performance upgrades in the residential sector, including for rental properties.

Recommendation 19

The Chair recommends the Australian Government coordinate with state and territory governments to implement measures to make it easier for renters to make minor modifications that would improve the safety, liveability, and energy efficiency of the property.

Australian Government response

The Australian Government notes this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to allow tenants experiencing domestic or family violence to change the locks and make security improvements without the landlord's permission. States and territories are responsible for implementing this reform. Rental regulation and tenancy matters are the responsibility of state and territory governments.

Recommendation 20

The Chair recommends the Australian Government coordinate with state and territory governments to develop clear and nationally consistent definitions and timeframes for urgent and non-urgent repairs to rental properties.

Australian Government response

The Australian Government notes this recommendation.

Rental regulation and tenancy matters are the responsibility of state and territory governments.

Recommendation 21

The Chair recommends the Australian Government coordinate with state and territory governments to ensure appropriate funding allocation for crisis support services and crisis accommodation.

Australian Government response

The Australian Government notes this recommendation.

The National Housing and Homelessness Agreement (NHHA) is a national funding agreement between the Australian Government and the states and territories. NHHA funds can be used for crisis support services and crisis accommodation, noting states have the responsibility and flexibility of determining how funding is allocated. The Australian Government has agreed a one-year extension of the NHHA which will provide approximately $1.7 billion in 2023-24 to the states and territories for housing and homelessness services. The one-year extension of the NHHA provides further time to work with states and key stakeholders to develop a new housing and homelessness funding arrangement, the details of which are subject to ongoing negotiations.

The Australian Government invested $72.6 million over 2020-21 to 2024-25 in the .Safe Places Emergency Accommodation Program (Safe Places) which provides capital grants to fund the building, renovation, or purchase of new emergency accommodation for women and children experiencing violence. Safe Places is funding 40 projects to deliver up to 779 new safe places, assisting up to 6,047 women and children experiencing family and domestic violence each year.

As part of the National Plan to End Violence against Women and Children 2022-2032, the Australian Government committed $100 million over 5 years from 2022-23 to continue funding under Safe Places through the Safe Places Inclusion Round (Inclusion Round). The Inclusion Round will focus on increasing access to appropriate emergency accommodation for First Nations women and children, women and children from culturally and linguistically diverse backgrounds and women and children with disability.

The Inclusion Round will deliver around 720 new safe places for women and children across Australia. Once completed, this will bring the total number of safe places to around 1,500 (including the first round of projects).

The Inclusion Round grant opportunity closed on 14 November 2023 with successful projects expected to be announced early-mid 2024.

The Australian Government has also committed to provide $100 million of Housing Australia Future Fund (HAFF) disbursements over 5 years for crisis and transitional housing options for women and children experiencing family and domestic violence, and older women at risk of homelessness.

Recommendation 22

The Chair recommends the Australian Government coordinate with state and territory governments to improve temporary visa holders' access to domestic violence provisions, services. and accommodation.

Australian Government response

The Australian Government notes this recommendation.

The Australian Government has zero tolerance for domestic and family violence against anyone, including permanent and temporary visa holders. The Government acknowledges the specific challenges facing migrants experiencing domestic and family violence, including those on temporary visas, as highlighted in the National Plan to End Violence against Women and Children 2022-2032.

The specialised visa support service within the Department of Home Affairs provides a centralised point of contact for domestic and family violence victim support services. It also assists temporary visa holders who are domestic and family violence victim-survivors to regularise their visa status under the migration law framework, including through provision of tailored case management support.

The Family Violence Provisions in migration legislation allow certain, mainly Partner, visa applicants to be granted a permanent visa if their relationship has broken down and they have suffered domestic and family violence perpetrated by the sponsoring partner or primary applicant. As part of the 2023-24 Budget, the Australian Government agreed to expand the Family Violence Provisions to most permanent visas and additional cohorts of Partner visa applicants. Work on implementing these amendments has commenced.

In response to the particular needs of temporary visa holders experiencing family and domestic violence, the Australian Government committed $42.1 million over five years from 2020-21 to 2024-25 to deliver the Temporary Visa Holders Experiencing Violence Pilot (TVP).

The TVP provides eligible temporary visa holders experiencing family and domestic violence with financial assistance packages of up to $5,000 for goods and services through the Australian Red Cross, and access to legal support for migration and family law through nine Women's and Community Legal Centres across Australia. The amount available through the financial assistance packages was increased from $3,000 to $5,000 as part of the 2023-24 MYEFO to align with the amount available under the Escaping Violence Payment trial for eligible Australian citizens. From April 2021 to August 2023, 3,395 temporary visa holders experiencing family and domestic violence were supported with over $9.6 million in financial assistance, and 2,284 victim-survivors on temporary visas were supported with legal advice and support.

Recommendation 23

The Chair recommends the Australian Government coordinate with state and territory governments to establish rental commissioners in every jurisdiction and facilitate their national cooperation on rental matters.

Australian Government response

The Australian Government notes this recommendation.

Rental regulation and tenancy matters are the responsibility of state and territory governments.

Recommendation 24

The Chair recommends the Australian Government coordinate with state and territory governments to ensure that tenancy support services are fully funded, including to help tenants navigate the appeals system.

Australian Government response

The Australian Government notes this recommendation.

While rental regulation and tenancy matters are the responsibility of state and territory governments, the National Legal Assistance Partnership (NLAP) between the Commonwealth and all states and territories is a five-year agreement to fund vital legal assistance services for the most vulnerable Australians.

The current NLAP expires on 30 June 2025, and an independent review of the NLAP has been conducted by Dr Warren Mundy. The terms of reference for the review required Dr Mundy undertake a holistic assessment of legal need and all Commonwealth legal assistance funding, including the quantum, prioritisation and allocation of funding provided under the NLAP and outside the NLAP. The report's recommendations, along with ongoing dialogue and consultation with states, territories and the legal assistance sector will form the basis for developing future funding arrangements for the sector.

Recommendation 25

The Chair recommends the Australian Government coordinate with state and territory governments to review legislation governing the rights and protections for occupants of marginal and less common housing types, including but not limited to:

Australian Government response

The Australian Government notes this recommendation.

Rental regulation and tenancy matters are the responsibility of state and territory governments.

Recommendation 26

The Chair recommends the Australian Government coordinate with state and territory governments to consider implementing legislation to protect co-renters and landlords in situations where there is a dispute between co-renters, as is currently in place in the ACT.

Australian Government response

The Government notes this recommendation.

Rental regulation and tenancy matters are the responsibility of state and territory governments.

Coalition Senators' recommendations

Recommendation 1

Australian Governments work constructively to increase housing supply as a matter of urgency.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government understands safe and affordable housing is central to the security and dignity of all Australians.

The Australian Government is working constructively with state, territory, and local governments to increase housing supply. Significant measures include:

This in addition to other Government initiatives, including:

Further details on the more than $25 billion in new investments in housing over the next decade the Government has announced since its election are at Appendix A.

Recommendation 2

Rent caps and freezes should not be considered.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government acknowledges that renters are facing significant challenges.

The regulation of residential tenancies, including rental agreements and pricing, is a matter for state and territory governments. On 16 August 2023, National Cabinet agreed to A Better Deal for Renters, which includes developing a nationally consistent policy to require genuine reasonable grounds for eviction, moving towards limiting rental increases to once a year and phasing in minimum rental standards.

There is strong consensus in academic literature on the negative impacts of rent freezes as they reduce both the quantity and quality of housing available in the market, making it harder for tenants to secure housing that meets their needs. In a similar vein, evidence from academic literature on rent caps suggests unintended consequences for renters. Achieving the policy objectives of rental price intervention is difficult as it limits labour market mobility, is inequitable, imposes negative externalities, negatively affects the quality of rental stock, imposes costs on future renters and leads to a reduction in rental supply and increase to rental costs, making many renters worse off in the long term.

Recommendation 3

Work with state and territory governments to implement stamp duty reform.

Australian Government response

The Australian Government supports in principle this recommendation.

While the Australian Government cannot take the lead on stamp duty on conveyancing reforms, the Australian Government encourages state and territory governments to examine opportunities for more efficient tax bases and can work with them on reform efforts.

Recommendation 4

The Federal Government should implement the Coalition's super home buyer scheme.

Australian Government response

The Australian Government does not support this recommendation. The most effective way of sustainably increasing rental affordability is to increase housing supply and the Australian Government has committed to several measures aimed at boosting supply as part of its housing reform agenda.

The Australian Government is committed to providing greater stability and confidence in the superannuation system, to ensure Australians can enjoy a dignified retirement. The Australian Government has introduced legislation that would establish the objective of superannuation as follows: to preserve savings to deliver income for a dignified retirement, alongside government support, in an equitable and sustainable way.

Labor Senators' recommendations

Recommendation 1

Labor Senators recommend the Australian Government continue to support investment in social and affordable housing.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government understands access to secure and affordable housing has social, economic, and personal benefits for all Australians. The Australian Government is investing significantly in social and affordable housing. The Australian Government is working constructively with state, territory, and local governments to continue to invest in social and affordable housing. Significant measures include:

This in addition to other Australian Government initiatives, including:

Further details on the more than $25 billion in new investments in housing over the next decade the Government has announced since its election are at Appendix A.

Recommendation 2

Labor Senators recommend the Australian Government continue to work with the state and territory governments to implement planning and zoning reforms, including those outlined in the National Planning Reform Blueprint.

Australian Government response

The Australian Government supports this recommendation.

The Australian Government is working closely with states and territories to implement planning and zoning reforms, including those outlined the National Planning Reform Blueprint (the Blueprint) as agreed to at National Cabinet.

The Blueprint includes, updating state, regional, and local strategic plans to reflect housing supply targets; promoting medium and high-density housing in well-located areas close to existing public transport connections, amenities and employment; and streamlining approval pathways.

Work on the Blueprint will progress throughout 2024.

Recommendation 3

Labor Senators recommend the Australian Government continue to work with the state and territory governments for them to implement a ban on soliciting rent bidding.

Australian Government response

The Australian Government supports this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to implement a ban on soliciting rent bidding. States and territories are responsible for implementing this reform.

Recommendation 4

Labor Senators recommend the Australian Government continue to work with the state and territory governments on implementing the agreement to make rental applications easier and protect renters' personal information.

Australian Government response

The Australian Government supports this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to make rental applications easier and protect renters' personal information, including to:

States and territories are responsible for implementing these reforms.

Recommendation 5

Labor Senators recommend the Australian Government continue to work with the state and territory governments to develop a nationally consistent policy to implement a requirement for genuine reasonable grounds for eviction, having consideration to the current actions of some jurisdictions.

Australian Government response

The Australian Government supports this recommendation.

Recommendation 6

Labor Senators recommend the Australian Government continue to work with the state and territory governments on phasing in minimum quality standards for rental properties.

Australian Government response

The Australian Government supports this recommendation.

On 16 August 2023, as part of reforms agreed under National Cabinet's A Better Deal for Renters, all states and territories agreed to phase in minimum quality standards for rental properties (e.g. stovetop in good working order, hot and cold running water). States and territories are responsible for implementing this reform.

Recommendation 7

Labor Senators recommend the Australian Government continue to work with the state and territory governments on considering options for better regulation of short-stay residential accommodation, which may include better data collection.

Australian Government response

The Australian Government notes this recommendation.

State and territory governments are responsible for the regulation of short-term rental accommodation, with some states providing local government with some decision-making powers in this area.

Recommendation 8

Labor Senators recommend the Australian Government continue to work with the state and territory governments following the implementation of A Better Deal for Renters to identify further reforms to strengthen renters' rights and provide greater national consistency for renters.

Australian Government response

The Australian Government notes this recommendation.

The Australian Government acknowledges the growing number of renters in Australia, and their experiences in the rental market.

While rental regulation and tenancy matters are the responsibility of state and territory governments, the Government will continue to work to deliver better outcomes for housing, including for those who rent.

Appendix A: New housing initiatives since the Government's election

National Housing Accord

10,000 affordable homes over five years from 2024—states and territories will support the delivery of up to an additional 10,000 affordable homes.

New Homes Bonus

A performance-based payment for states and territories that exceed their share of the original one million well-located homes target agreed under the National Housing Accord

Housing Support Program

Competitive funding program for local and state governments for initiatives such as connecting essential services, amenities to support new housing development, or building planning capability.

National Housing Infrastructure Facility (NHIF)

Through the NHIF, Housing Australia provides support in the form of concessional loans and grants to help housing-enabling critical infrastructure needed to unlock and accelerate new supply. Since November 2022, support has been available to directly support new social or affordable housing projects. In September 2023, the Government announced the NHIF would receive an additional $1 billion in federal funding to support more social housing.

Social Housing Accelerator

A one-off payment to states and territories to permanently increase the stock of social housing across the country.

Housing Australia Future Fund

Support to build 30,000 new social and affordable rental homes over 5 years through an ongoing funding stream to increase social and affordable housing, as well as address other acute housing needs.

Help to Buy

Help to Buy will assist people on low to moderate incomes to purchase a home with an equity contribution from the Government of up to 40% for new homes and 30% for existing homes.

40,000 places will be available over four years with 10,000 places available per year.

Home Guarantee Scheme

As part of the Home Guarantee Scheme, the Government has introduced the Regional First Home Buyer Guarantee to support eligible citizens and permanent residents to purchase their first home, or their first property in Australia for at least 10 years, in an eligible regional area.

The Government also expanded eligibility for the Home Guarantee Scheme as part of the 2023-24 Budget.

Affordable Housing Bond Aggregator

The cap on the Government guarantee of Housing Australia's liabilities has been increased by $2 billion to provide lower cost and longer-term finance to community housing providers through the Affordable Housing Bond Aggregator (AHBA). AHBA loans can be used to acquire, construct, or maintain social and affordable housing, as well as to refinance existing debt.

Commonwealth Rent Assistance

The Government has increased the maximum rates of Commonwealth Rent Assistance by 15 per cent.

NT Remote Housing

A one-year partnership over 2023-24 with the Northern Territory Government to accelerate building of new remote housing to reduce overcrowding

Restoring funding for Homelands

A two-year investment for housing and essential infrastructure in the Northern Territory Homelands, delivered through a new federal financial agreement with the Northern Territory Government.

Multiyear Funding for Northern Territory Remote Housing

A ten-year partnership with the Northern Territory Government from 2024-25, to support delivery of housing to remote NT communities to reduce overcrowding and improve housing outcomes. The investment is matched by the NT Government and will also deliver repairs and maintenance.

Northern Territory Homelands

A three-year investment to extend funding for repairs and maintenance on housing and essential infrastructure on NT homelands.

Development of a Sustainable Community-Controlled Housing Model

Will support Aboriginal Housing NT to develop a sustainable community-controlled housing organisation to enable an increase in housing supply.

National Housing and Homelessness Agreement Transitional Funding

The one-year extension to the National Housing and Homelessness Agreement provides around $1.7 billion to states and territories to 30 June 2024. This includes additional funding of $67.5 million in 2023-24 to support the provision of homelessness services.

The extension provides time for negotiations currently underway with states and territories.

National Housing and Homelessness Plan

The Government has committed funding for the development, monitoring and evaluation of a National Housing and Homelessness Plan. The National Housing and Homelessness Plan is being developed in association with states and territories, industry bodies and not-for-profit organisations to identify short, medium, and long-term reforms to improve housing and homelessness outcomes.

National Housing Supply and Affordability Council

The National Housing Supply and Affordability Council (the Council) has been established to provide independent, evidence-based expert advice to the Government on housing supply and affordability matters.

Build-to-rent tax incentives

Tax incentives to encourage more build to-rent developments. Includes halving the managed investment trust withholding tax rate from 30 per cent to 15 per cent and increasing the capital works tax deduction (depreciation) rate from 2.5 to 4 per cent per year for newly constructed build-to-rent properties.

National Planning Reform Blueprint

National Cabinet agreed to a National Planning Reform Blueprint with planning, zoning, land release and other measures to improve housing supply and affordability.

A Better Deal for Renters

National Cabinet agreed to A Better Deal for Renters to harmonise and strengthen renters' rights across Australia

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Interim report on all aspects of the conduct of the 2019 Federal election and matters related thereto: Delegation to the International Grand Committee, Dublin, Ireland

MAY 2024

Introduction

On 15 May 2020, the Joint Standing Committee on Electoral Matters tabled a report entitled Interim report on all aspects of the conduct of the 2019 Federal Election and matters related thereto: Delegation to the International Grand Committee, Dublin, Ireland (the Report).

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report: Interim report on all aspects of the conduct of the 2019 Federal Election and matters related thereto: Delegation to the International Grand Committee, Dublin, Ireland

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Report on the Candidate Qualification Checklist

MAY 2024

Introduction

On 31 March 2022, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Report on the Candidate Qualification Checklist (the Report).

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report: Report on the Candidate Qualification Checklist.

Dissenting report by Australian Greens

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Advisory report on the Commonwealth Electoral Amendment (Ensuring Fair Representation of the Northern Territory) Bill 2020

MAY 2024

Introduction

On 16 October 2020, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report entitled Advisory report on the Commonwealth Electoral Amendment (Ensuring Fair Representation of the Northern Territory) Bill 2020.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report: Advisory report on the Commonwealth Electoral Amendment (Ensuring Fair Representation of the Northern Territory) Bill 2020.

# Recommendation Government Response

1 The Committee recommends that instead of the Senate proceeding with the Bill, the Government introduce a Bill to provide for a consistent floor of two seats for both the Northern Territory and the Australian Capital Territory. As a consequence, the 2004 margin of error rule for the Territories should be repealed to provide consistency with the formula applying to the States. It further recommends that as part of a new Bill, the two Territories should also be subject to the same rules as each other in the process of redistributing boundaries between electorates, under Part IV of the Commonwealth Electoral Act 1918. Noted

The Government notes the recommendation. Given the passage of time, a substantive government response is no longer appropriate.

2 The Committee recommends that the Government review the existing provision of additional resourcing to MPs with large electorates, and consider whether further targeted resourcing would assist with representation by MPs of their constituents in these large electorates. Refer to recommendation 1.

3 The Committee recommends that if the Parliament does not enact a two seat floor for the Territories, it considers instead either:

enacting a harmonic mean for allocating seats between States and Territories, with appropriate public explanation to build understanding for the reform, or

developing options for JSCEM to consider for additional Senate representation for the Northern Territory. Refer to recommendation 1.

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019

MAY 2024

Introduction

On 28 May 2020, the Joint Standing Committee on Electoral Matters tabled a report titled Inquiry into the Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019 (the Report).

On 2 December 2019, the Member for Mayo, Ms Rebekha Sharkie MP introduced to the House of Representatives the Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019 (the Bill). The Bill sought to amend the Commonwealth Electoral Act 1918, to decrease the political donation disclosure threshold from $13,800 to $1,000, and to remove ongoing indexation of that disclosure threshold.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters Report: Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019.

Dissenting report by Australian Greens

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Advisory report on the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Bill 2019

MAY 2024

Introduction

On 17 December 2019, the Joint Standing Committee on Electoral Matters tabled a report titled Advisory Report on the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Bill 2019 (the Report).

On 16 September 2019, the Member for Mayo, Ms Rebekha Sharkie MP introduced to the House of Representatives the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Bill 2019 (the Bill). The Bill sought to amend the Commonwealth Electoral Act 1918, to "require the agent or financial controller of the party, branch or campaigner to advise the electoral commission of any donation received by the party, branch or campaigner that meets or exceeds the disclosure threshold".

The Government's response to the recommendation of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters:

Advisory Report on the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Bill 2019.

Dissenting Report by Australian Greens

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Second interim report on the inquiry into the conduct of the 2013 federal election: An assessment of electronic voting options

MAY 2024

Introduction

On 20 November 2014, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Second interim report on the inquiry into the conduct of the 2013 federal election: An assessment of electronic voting options. .The Government's response to the recommendations of the Report follows below.

Second interim report on the inquiry into the conduct of the 2013 federal election:

An assessment of electronic voting options

The Government notes that there are no dissenting reports or recommendation.

__________

Australian Government response to the Joint Standing Committee on Electoral Matters report:

The 2013 Federal Election: Report on all aspects of the conduct of the 2013 election and matters related thereto

MAY 2024

Introduction

On 15 April 2015, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled The 2013 Federal Election: Report on the conduct of the 2013 election and matters related thereto.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report:

The 2013 Federal Election: Report on the conduct of the 2013 election and matters related thereto

Dissenting Report by Australian Greens

__________

Australian Government response to the Joint Standing Committee on Electoral Matters report:

Interim report on the inquiry into the conduct of the 2013 Federal Election: Senate voting practices

MAY 2024

Introduction

On 9 May 2014, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Interim report on the inquiry into the conduct of the 2013 Federal Election: Senate voting practices.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters reports:

Interim report on the inquiry into the conduct of the 2013 Federal Election: Senate voting practices

__________

Australian Government response to the Joint Standing Committee on Electoral Matters report:

Report on the conduct of the 2016 federal election and matters related thereto

MAY 2024

Introduction

On 5 December 2018, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Report on the conduct of the 2016 federal election and matters related thereto.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report: Report on the conduct of the 2016 federal election and matters related thereto

The Government notes that there are no dissenting recommendations.

__________

Australian Government response to the Joint Standing Committee on Electoral Matters report:

Report on the conduct of the 2019 federal election and matters related thereto

MAY 2024

Introduction

On 10 December 2020, the Joint Standing Committee on Electoral Matters (JCSEM) tabled a report titled Report on the conduct of the 2019 federal election and matters related thereto (the Report).

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report: Report on the conduct of the 2019 federal election and matters related thereto

Dissenting report by Australian Greens

Dissenting Report by Labor members

Refer to recommendation 1 of the Majority report.

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Australian Government response to the Joint Standing Committee on Electoral Matters report: Excluded: The impact of section 44 on Australian democracy

MAY 2024

Introduction

On 17 May 2018, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Excluded: The impact of section 44 on Australian democracy.

On 28 November 2017, the Prime Minister referred matters relating to section 44 of the Constitution for inquiry and report to the JSCEM, after a number of serving Senators and Members of Parliament were disqualified under section 44.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters report:

Excluded: The impact of section 44 on Australian democracy

Minority report by the Member for Tangney

The Government notes the recommendations made by the Member for Tangney in the Minority report.

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Australian Government response to the Joint Standing Committee on Electoral Matters report:

Third interim report on the inquiry into the conduct of the 2016 federal election: AEC modernisation

MAY 2024

Introduction

On 21 June 2017, the Joint Standing Committee on Electoral Matters (JSCEM) tabled a report titled Third interim report on the inquiry into the conduct of the 2016 federal election: AEC modernisation.

The Government's response to the recommendations of the Report follows below.

Government Response to the Joint Standing Committee on Electoral Matters reports:

Third interim report on the inquiry into the conduct of the 2016 federal election: AEC modernisation

The Government notes that there are no dissenting reports or recommendations.

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Australian Government response to the Senate Environment and Communications Legislation Committee report:

Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021

May 2024

Overview

The Australian Government thanks the Senate Environment and Communications Legislation Committee (the Committee) for its work in producing the report into the Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021.

The Australian Government notes that the Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021 passed both Houses on 23 June 2021 and received Royal Assent (Act no. 62) on 29 June 2021.

The Australian Government's responses to the recommendations have been superseded by the release of Revive: a place for every story, a story for every place—Australia's cultural policy for the next five years, on 30 January 2023.

Revive was developed through extensive consultation across the arts, entertainment and cultural sector.

Revive is available at https://www.arts.gov.au/what-we-do/new-national-cultural-policy. Printed copies are available to the Committee on request.

Australian Government response

The Australian Government's response to Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021 is set out in detail below.

Recommendation 1:

The committee recommends that Schedule 1 of the bill be withdrawn and that the Government expedites a response to the recent Media Reform Green Paper consultations and introduces measures to harmonise the regulatory framework for Australian content obligations.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2:

The committee recommends that the Government considers mechanisms through which Australia can capture a greater share of post-production work for film and television projects produced in Australia.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

Recommendation 3:

The committee recommends that future iterations of the Regional and Small Publishers Innovation Fund, or similar funds established in the future, include a framework for an outcomes or effects test enabling the decision-maker to exercise discretion to award funding consistent with the intended outcome(s) of the program, despite an unintended technical non-compliance where the applicant would in all other regards be compliant and competitive.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

Recommendation 4:

The committee recommends that the amended bill be passed.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

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Australian Government response to the Environment and Communications References Committee report:

Participation of Australians in online poker

May 2024

Overview

The Australian Government notes the Environment and Communications References Committee (the committee) report into the Participation of Australians in online poker, which was tabled on 18 October 2017.

Australian Government response

The Australian Government's response to the committee's report is set out below.

Recommendation 1:

The committee commends the Australian Government's efforts to implement strong consumer protection measures, and harm minimisation strategies. The committee recommends that any future consideration of the legalisation of online poker should only occur following the complete implementation of the National Consumer Protection Framework.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2:

The committee recommends that the Department of Social Services support research into the impact of regulatory approaches on online poker, including the relative benefits and harms associated with prohibition and legalisation.

The Government notes this recommendation. However, given the passage of time since this report was tabled, a substantive Government response is no longer appropriate.

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Australian Government response to the Senate Finance and Public Administration Legislation Committee Report:

Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020

MAY 2024

Introduction

On 16 March 2021, the Senate Finance and Public Administration Legislation Committee) tabled a report titled Commonwealth Electoral Amendment (Banning Dirty Donations Bill 2020 (2021).

The Government's Response to the recommendations of the Report follows below.

Government Response to the Senate Finance and Public Administration Legislation Committee report: Commonwealth Electoral Amendment (Banning Dirty Donations Bill 2020 (2021).

Dissenting Report by Australian Greens

__________

Australian Government response to the Senate Finance and Public Administration Legislation Committee report:

Commonwealth Electoral Amendment (Donation Reform and Other Measures) Bill 2020

MAY 2024

Introduction

On 3 December 2020, the Senate Finance and Public Administration Legislation Committee tabled a report titled Commonwealth Electoral Amendment (Donation Reform and Other Measures) Bill 2020.

The Government's response to the recommendations of the Report follows below.

Government Response to the Senate Finance and Public Administration Legislation Committee report: Commonwealth Electoral Amendment (Donation Reform and Other Measures) Bill 2020.

Dissenting report by Australian Greens

Dissenting report by Jacqui Lambie Network

__________

Australian Government response to the Senate Finance and Public Administration Legislation Committee report:

Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021

MAY 2024

On 14 October 2021, the Senate Finance and Public Administration Legislation Committee tabled a report titled Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021.

The Government's response to the recommendations of the Report follows below.

Dissenting report by Senator Malcolm Roberts

__________

Australian Government Response to the Parliamentary Joint Committee on Intelligence and Security Report:

Advisory Report on the Australian Security Intelligence Organisation Amendment Bill 2023

MAY 2024

The Government thanks the Parliamentary Joint Committee on Intelligence and Security ('Committee') for its review of the Australian Security Intelligence Organisation ('ASIO') Amendment Bill 2023 ('the Bill').

The Government provides the following responses to the Committee's recommendations

Recommendation 1

The Committee recommends that the Explanatory Memorandum for the Australian Security Intelligence Organisation Amendment Bill 2023 be amended or a supplementary Explanatory Memorandum presented specifying that notwithstanding the Bill's authority to delegate functions and powers to ASIO affiliates, human sources or agents will not be used to undertake security vetting.

The Government accepts the Committee's recommendation.

Amendment to the Bill's Explanatory Memorandum

The Government prepared and presented to the House a replacement Explanatory Memorandum for the Bill that implemented Recommendation 1. The replacement Explanatory Memorandum specified that notwithstanding the Bill's authority to delegate functions and powers to ASIO affiliates, ASIO's human sources or agents will not be involved in the undertaking of security vetting.

A copy of the replacement Explanatory Memorandum is attached.

Recommendation 2

The Committee recommends that following implementation of the recommendation in this report, the Australian Security Intelligence Organisation Amendment Bill 2023 be passed by Parliament.

The Government accepts the Committee's recommendation. The Bill passed both Houses of Parliament on 22 June 2023 and received royal assent on 28 June 2023. The Australian Security Intelligence Organisation Amendment Act 2023 commenced on 1 July 2023.

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Australian Government response to the Parliamentary Joint Committee on Intelligence and Security Report:

National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023

MAY 2024

Australian Government Response to the Parliamentary Joint Committee on Intelligence and Security Report

Advisory Report on the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023

The Government thanks the Parliamentary Joint Committee on Intelligence and Security

('Committee') for its Advisory Report on the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023.

The Government provides the following responses to the Committee's recommendations

Recommendations

Recommendation 1: The Committee recommends that, following the entry into effect of the new notification provisions in Part 3 of Schedule 1 and Part 2 of Schedule 4 of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023, ASIO include in its Annual Report all instances where it has notified the Inspector-General of Intelligence and Security about delayed security assessments, delayed security clearance decisions or delayed security clearance suitability assessments.

Response:

The Government agrees to this recommendation.

The Government notes that reporting will remain consistent with ASIO's approach to releasing information about its activities through their annual report. This approach balances the need for transparency against the risk of compromising national security through the inclusion of classified appendices, which are provided to the Minister for Home Affairs, the Leader of the Opposition, the Committee, the Inspector-General of Intelligence and Security the and the Independent National Security Legislation Monitor (INSLM).

Recommendation 2: The Committee recommends that the Government review all forms, guidance materials and other relevant documentation and advice made available to individuals about security assessment and security clearance processes, to ensure that all applicants are made aware of their right to make a complaint to the Inspector-General of Intelligence and Security in relation to same.

Response:

The Government agrees to this recommendation.

Recommendation 3: The Committee recommends that, in respect of the inclusion of the Australian Signals Directorate (ASD) in the proposed new cover employment provisions in the Intelligence Services Act 2001 in Part 1 of Schedule 2 of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023:

Response:

The Government agrees to this recommendation.

Recommendation 4: The Committee recommends that the Government consider aligning the proposed amendments to the Intelligence Services Act 2001 and the Australian Security Intelligence Organisation Act 1979 secrecy offences contained in Parts 2 and 4 of Schedule 2 with recommendations that may be relevant from the Independent National Security Legislation Monitor's review into secrecy offence legislation, pending the timing of completion of that review and passage of this legislation.

Response:

The Government notes this recommendation.

The Government will consider any recommendations made by the INSLM's review of the secrecy offences in Part 5.6 of the Criminal Code when that review is completed.

Recommendation 5: The Committee recommends that, following implementation of the recommendations in this report, the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023 be passed by the Parliament.

Response:

The Government agrees to this recommendation.

__________

Australian Government response to the Parliamentary Joint Committee on Intelligence and Security report:

Review of Part 14 of the Telecommunications Act 1997Telecommunications Sector Security Reforms

APRIL 2024

Recommendations

Recommendation 1: The Committee recommends that the Department of Infrastructure, Transport, Regional Development and Communications and the Cyber and Infrastructure Security Centre within the Department of Home Affairs, conduct a joint environmental analysis of current national and international telecommunications markets and networks.

This information can then be used to guide future security of critical infrastructure legislative reform related to telecommunications, as well as Telecommunications Sector Security Reform resources.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2: The Committee recommends that section 3 of the Telecommunications Act 1997 be amended to add an object of the act ensuring the security of telecommunications networks and their architecture from cyber and other security threats.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 3: The Committee recommends that the Australian Government give consideration to the establishment of a telecommunications security working group comprised of the Department of Infrastructure, Transport, Regional Development, and Communications, the Department of Home Affairs, major telecommunications carriers and carriage service providers, and the Australian Security Intelligence Organisation and the Australian Signals Directorate (when appropriate).

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 4: The Committee recommends that the working group established as a result of Recommendation 3 be tasked with scoping agreed carrier licence conditions, service provider rules, and codes and standards for security of networks and systems. These can then be used to guide the resources to be produced by that group and inform directions or information gathering powers exercisable by the Minister for Home Affairs under the existing provisions of Part 14 of the Telecommunications Act 1997.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 5: The Committee recommends that the Australian Government give consideration to establishing a dedicated telecommunications security threat sharing forum, to enable the Australian Security Intelligence Organisation and Australian Signal Directorate to brief telecommunications stakeholders about ongoing and emerging threats to the maximum classified level possible.

This forum could be a new group established under the Trusted Information Sharing Network or could be an adjunct group to the existing Communications Sector Group already established under that network, or the working group created as a result of Recommendation 3 of this report.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 6: The Committee recommends that the working group established as a result of Recommendation 3 of this report be consulted to reach an agreed position regarding any duplicated security obligations that may be activated under an amended Security of Critical Infrastructure Act 2018 before they are activated.

If agreed, and once activated, the duplicated obligations or other mechanisms in Part 14 of the Telecommunications Act 1997 should be repealed, or deactivated by relevant mechanisms, so as to avoid regulatory duplication on telecommunications entities.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

__________

Australian Government response to the Parliamentary Joint Committee on Intelligence and Security

Advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020 and Statutory Review of the Security of Critical Infrastructure Act 2018

APRIL 2024

Recommendations

Recommendation 1:

The Committee recommends that the Security Legislation Amendment (Critical Infrastructure) Bill 2020 be split in two, so that the urgent elements of the reforms contained within the government assistance measures in proposed Part 3A, with the definitions and meanings of expanded critical infrastructure sectors and assets, and other enabling provisions contained within proposed amendments to Part 1, Part 2B, Part 4, Part 5 and Schedule 2 of the current Bill, be retained, amended in line with the principles outlined in paragraph 3.18 of this report, and legislated in the shortest time possible (Bill One).

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2:

The Committee recommends that proposed Part 2B of the Security Legislation Amendment (Critical Infrastructure) Bill 2020 be retained in Bill One, and that Part be amended to

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 3:

The Committee recommends that the rules to be designed for the purposes of amended Part 2B of the Security Legislation Amendment (Critical Infrastructure) Bill 2020 be developed in consultation with relevant entities and incorporated into explanatory material to Bill One.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 4:

The Committee recommends that Bill One include a provision that as soon as practicably after a government assistance measure is directed or requested the Parliamentary Joint Committee on Intelligence and Security be notified in writing about the circumstances, actions, status and parties involved in each measure used relative to any cyber security incident.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 5:

The Committee recommends that, subject to the amendments outlined above, the resultant Security Legislation Amendment (Critical Infrastructure) Bill (Bill One) be passed.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 6:

The Committee recommends that the Cyber and Infrastructure Security Centre within the Department of Home Affairs, be reformed to additionally provide technical support and advice regarding the functions of Bill One.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 7:

The Committee recommends that the remaining non-urgent elements of the current Security Legislation Amendment (Critical Infrastructure) Bill 2020 not recommended for inclusion in Bill One, be deferred and amended into a separate Bill (Bill Two) in line with the principles outlined in paragraph 3.49.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 8:

The Committee recommends that Bill Two be amended in consultation with key stakeholders, released for feedback and with further consultation on incorporated amendments based on that feedback, prior to being reintroduced to Parliament. Once reintroduced, Bill Two should be referred to the Parliamentary Joint Committee on Intelligence and Security for review, with a concurrent review of the operation to date of the amendments to the Security of Critical Infrastructure Act 2018 resulting from Bill One.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 9:

The Committee recommends that any rules to be designed under Bill Two be co-designed, agreed and finalised to the extent possible before the introduction of that Bill and made available as part of the explanatory material for the Bill.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 10:

The Committee recommends that proposed Schedule 2 of the Security Legislation Amendment (Critical Infrastructure) Bill 2020 be amended in accordance with the principles outlined in paragraph 3.62 and included as part of Bill One.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 11:

The Committee recommends that subsection 13A(2) of the Intelligence Services Act 2001 be amended to restrict cooperation or assistance provided by an agency under that Act to agencies or other bodies by regulation outlined in subsection 13A(1) only to the functions and extent authorised by other Commonwealth legislation.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 12:

The Committee recommends the Government review the risks to democratic institutions, particularly from foreign originated cyber-threats, with a view to developing the most appropriate mechanism to protect them at Federal, State and local levels.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 13:

The Committee recommends the Government review the processes and protocols for classified briefings for the Opposition during caretaker periods in response to serious cyber-incidents, and consider the best practice principles for any public announcement about those incidents.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 14:

The Committee recommends that the Bill One include a provision that the Parliamentary Joint Committee on Intelligence and Security may conduct a review of the operation, effectiveness and implications of the reformed security of critical infrastructure legislative framework contained within the Security of Critical Infrastructure Act 2018 not less than three years from when that Bill receives Royal Assent.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

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Australian Government response to the Parliamentary Joint Committee on Intelligence and Security

Advisory report on the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022

APRIL 2024

Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 Recommendations

Recommendation 1:

The Committee recommends that the Department of Home Affairs and the Cyber and Infrastructure Security Centre establish a fresh round of consultation with critical infrastructure industry representatives, relevant employee representative bodies, and trade unions to enable further feedback to be incorporated into the draft Rules for risk management programs under the proposed amendments. This consultation can ensure that the timeframes established in the Rules for implementation and commencement of said Rules is agreed and may vary for specific assets.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2:

The Committee recommends that the Department of Home Affairs and the Cyber and Infrastructure Security Centre continue industry roundtables for review and improvement of the Rules and guidance materials in alignment with the undertakings identified in its submission, in public hearing evidence, and in accordance with Recommendation 6 of the Advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020 and Statutory Review of the Security of Critical Infrastructure Act 2018 . These roundtables can also be used for continued review of the 'fit for purpose' nature of sector and asset definitions to inform further potential legislative amendment or Ministerial declarations.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 3:

The Committee recommends that section 60 of the Security of Critical Infrastructure Act 2018 be amended to require the Minister to provide a written periodic report to the Parliamentary Joint Committee on Intelligence and Security regarding the conduct, progress and outcomes of ongoing consultations undertaken by the Department of Home Affairs or Cyber and Infrastructure Security Centre in relation to the expanded provisions included in the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 as well as those enabled by the Security Legislation Amendment (Critical Infrastructure) Act 2021 . These reports should include detail regarding the participants involved and how stakeholder feedback has been incorporated into resultant rules, resources or proposed regulation or legislative change.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 4:

The Committee recommends that the Explanatory Memorandum to the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 be updated to confirm that the Bill does not negate responsibilities of employers under the Fair Work Act 2009 , Work Health and Safety legislation, or any other currently legally mandated or protected action. This should include the detail that an employee who is subject to action as a result of an employer's background check, AusCheck or otherwise, is protected by all existing rights at work, such as the right to appeal a decision with the Fair Work Tribunal.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 5:

The Committee recommends that the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 be amended so that section 5 of the Security of Critical Infrastructure Act 2018 include the definitions of critical worker and critical component as currently proposed in the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 22/018) 2022.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 6:

The Committee recommends that the Explanatory Memorandum for the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 be amended at current paragraphs 461 to 540, as per the undertaking from representatives of the Department of Home Affairs at the Public Hearing of 16 March 2022, to clarify the circumstances and scope of the intended operation of Part 2C, Division 5 of the Bill, and outlining that the Department and the Australian Signals Directorate will work proactively with a proposed Part 6 systems of national significance declared entity to avoid the imposition of section 30DJ notices wherever possible.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 7:

The Committee recommends that proposed subsection 52B(3) of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 be amended to include a provision that after a critical infrastructure asset is declared as a system of national significance by the Minister, the Parliamentary Joint Committee on Intelligence and Security be notified in writing within 30 days, in the appropriately classified manner, identifying the asset sector and entity details, to the extent negotiated with the entity in regard to capability sensitivities.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 8:

The Committee recommends that the Australian Government consider establishing a legislative basis for merits review for some or all of the decisions exercised by the Minister or Department of Home Affairs officials under the Security of Critical Infrastructure Act 2018 and the proposed amendments contained in the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022, noting the economic and operational implications of such decisions on Australian businesses.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 9:

The Committee recommends that, subject to the amendments outlined above, the resultant Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 be passed.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 10:

The Committee recommends that the government commission an independent review of the operation of the Security of Critical Infrastructure Act 2018 after one year of operation after the Bill receives Royal Assent. This review must report within one year of its commencement to the Minister for Home Affairs, who must then present the report to Parliament within 30 days and cause it to be made publicly available.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 11:

The Committee recommends that section 60A of the Security of Critical Infrastructure Act 2018 be repealed, to remove any confusion regarding the status of pending statutory reviews of the Act.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

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Australian Government response to the Senate Legal and Constitutional Affairs Legislation Committee report:

Migration (Validation of Port Appointments) Bill 2018

APRIL 2024

Recommendations

Recommendation 1:

2.52 The committee recommends that the bill be passed.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Labor Party Senators' Dissenting Report

Recommendation 1:

Labor Senators recommend that anyone who is affected by this bill, in a manner set out in paragraph 1.10 above, should be protected in the transitional provisions of the Bill and allowed to exercise their rights without interference from this bill.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 2:

Labor Senators recommend that any amendment should allow for a further period of time in which people can pursue their claim for protection.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Recommendation 3:

Labor Senators recommend that the Minister for Home Affairs and his Department urgently contact all affected individuals.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

Australian Greens Dissenting Report

Recommendation 1:

1.12 The Australian Greens recommend that the bill not be passed.

Response:

The Government notes this recommendation. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

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Australian Government response to the Select Committee into the Political Influence of Donations report:

Political Influence of Donations

MAY 2024

On 6 June 2018, the Select Committee into the Political Influence of Donations tabled a report titled Political Influence of Donations.

The Government's response to the recommendations of the Report follows below.

Government Response to the Select Committee into the Political Influence of Donations report: Political Influence of Donations

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Australian Government response to the Rural and Regional Affairs and Transport Legislation Committee report:

Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023

March 2024

Introduction

The Australian Government welcomes the opportunity to respond to the Rural and Regional Affairs and Transport Legislation Committee report: Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023, tabled on 30 August 2023.

Animal welfare is important to the Australian community, which expects 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.

The Australian Government's response to the report is set out below. The response addresses the recommendation of the Committee and the additional comments provided by the Australian Greens Senators.

Recommendation 1

The committee recommends that the Senate pass the bill.

Response

The Australian Government supports this recommendation.

Australian Greens Senators additional comments

Recommendation 1

The bill should be amended to provide that the Inspector-General has oversight of all Commonwealth Government regulation of animal welfare.

Response

The Australian Government does not support this recommendation.

The Bill already provides for the oversight of animal welfare regulation by the Commonwealth where it has clear responsibilities regarding the export of live animals. Expanding its scope risks duplicating existing requirements detailed in various other legislation and policies at the state, territory and Commonwealth level with the attendant risks of obsolescence, inconsistency or unintended legislative consequences.

It is noted that the Australian Greens additional comments reference the domestic harvesting of kangaroos for commercial purposes, which is a clear state and territory responsibility. The government has been careful to ensure that this Bill clearly relates to Commonwealth statutory responsibilities and functions under the Export Control Act 2020.

Recommendation 2

The bill should be amended to recognise animal sentience in law.

Response

The Australian Government does not support this recommendation.

Promoting or recognising animal sentience within Commonwealth law and practice is not appropriate for this Bill or a suitable role for an Inspector-General. The core role of the Inspector-General will be to monitor, investigate and report on the development of animal welfare standards and the implementation of live animal export legislation. The role is one of assuring the Commonwealth's livestock exports systems.

Recommendation 3

The bill should be amended to require that the Inspector-General have expertise in animal welfare science, animal welfare law, or animal welfare policy.

Response

The Australian Government does not support this recommendation.

The role of the Inspector-General is to oversee the regulator. The key responsibility of the Inspector-General is to monitor, investigate and report on the development of animal welfare standards and the implementation of live animal export legislation.

In doing so, the Inspector-General plays a critical function in promoting continual improvements in the regulatory practice, performance and culture of the Department of Agriculture, Fisheries and Forestry in its role as the regulator of animal welfare and export legislation and standards in relation to the export of livestock.

This is entirely consistent with how other Inspector-General legislation operates.

It is not considered appropriate for primary legislation to place prescriptive constraints on the qualification of the Inspector-General, because it may unnecessarily hinder the selection process for the most suitable candidate.

A full selection process will be undertaken to appoint the new Inspector-General. This process is intended to find a person who has suitable qualifications, experience and expertise in both animal welfare and live animal export regulation. Public consultation indicated that post-graduate veterinary or animal welfare science qualifications, in addition to relevant industry experience and professional memberships, are desirable.

If, however, the Inspector-General judged it necessary or appropriate, specialist expertise may be engaged to provide any additional expertise required.

The Bill explicitly provides that the Inspector-General may consult relevant experts to assist in the performance of the Inspector-General's duties. This ensures that the Inspector- General has the means to seek expertise where it is judged necessary.

Recommendation 4

The bill should be amended to require the Inspector-General to disclose any conflicts of interest that conflict or could conflict with the proper performance of their functions.

Response

The Australian Government does not support this recommendation.

Under the arrangements already in place in legislation, officials of a Commonwealth entity—who have a material personal interest in the affairs of an entity—must positively disclose details of the interest.

This applies to the occupant of the Inspector-General role.

In addition, section 22 of the Inspector-General of Live Animal Exports Act 2019, provides the Minister with the ability to terminate the Inspector-General if they do not comply with the accountability requirements of the Public Governance, Performance and Accountability Act 2013.

Recommendation 5

A national Independent Office of Animal Welfare should be established to develop, implement and oversee Commonwealth regulation of animal welfare in Australia.

Response

The Australian Government does not support this recommendation.

The establishment of an Independent Office of Animal Welfare is not a matter relevant to this Bill or a suitable role for an Inspector-General.

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Tuesday, 14 May 2024

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