Senate debates
Wednesday, 18 March 2009
Notices
Presentation
Senator Ferguson to move on the next day of sitting:
- That the Senate—
- (a)
- celebrates and commends the achievements of the Turkish community here in the Commonwealth of Australia that has been created as a result of this agreement in the 40 years since its implementation;
- (b)
- notes that once enemies on the battlefields of Gallipoli, the Commonwealth of Australia and the Republic of Turkey have established a unique relationship and bond forged in the blood of young men from both nations and that this uniqueness at the core of deep rooted relations between the two countries gained even more momentum by the unforgettable reconciliatory remarks of the Founder of the Modern Turkish Republic, Mustafa Kemal Ataturk, to the mothers of fallen Anzacs ‘…You, the mothers, who sent their sons from far away countries wipe away your tears; your sons are now lying in our bosom and are in peace. After having lost their lives on this land they have become our sons as well’;
- (c)
- notes the Turkish nation is now a friendly power and members of the Turkish community have now integrated into Australian society;
- (d)
- acknowledges the unique relationship that exists between Australia and Turkey; a bond highlighted by both nations commitment to the rights and liberties of our citizens and the pursuit of a just world, highlighted by the statement of Ataturk ‘Peace at Home, Peace in the World’;
- (e)
- commends the Republic of Turkey’s commitment to democracy, the rule of law and secularism; and
- (f)
- on this, the 40th anniversary of the Formal Agreement between the Government of the Commonwealth of Australia and the Government of The Republic of Turkey concerning the Residence and Employment of Turkish Citizens in Australia, pledges Australia’s friendship, commitment and enduring support to the people of Turkey as we celebrate this important occasion together.
Senator Bushby to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- it has been 268 days since the House of Representatives received the Senate’s message regarding amendments to the Reserve Bank Amendment (Enhanced Independence) Bill 2008;
- (ii)
- the Treasurer (Mr Swan) in his second reading speech to the bill said, ‘These reforms that the Governor and I agreed to last year herald in a new era of independence and transparency in monetary policy in Australia. The introduction of this bill into the parliament today is a key step to delivering this’, and
- (iii)
- as a result of this inaction, the Government is failing to deliver on its ‘new era of independence and transparency’ for the Reserve Bank; and
- (b)
- sends a message to the House of Representatives requesting that the House immediately consider the Senate amendments to the Reserve Bank Amendment (Enhanced Independence) Bill 2008.
Senator Crossin to move on the next day of sitting:
- That the reference to the Legal and Constitutional Affairs Committee relating to Australia’s judicial system be withdrawn.
Senator Crossin to move on the next day of sitting:
- That the following matter be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 17 August 2009:
Access to justice, with particular reference to:
- (a)
- the ability of people to access legal representation;
- (b)
- the adequacy of legal aid;
- (c)
- the cost of delivering justice;
- (d)
- measures to reduce the length and complexity of litigation and improve efficiency;
- (e)
- alternative means of delivering justice;
- (f)
- the adequacy of funding and resource arrangements for community legal centres; and
- (g)
- the ability of Indigenous people to access justice.
Senator Crossin to move on the next day of sitting:
- That the following matter be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 17 August 2009:
Australia’s judicial system and the role of judges, with particular reference to:
- (a)
- procedures for appointment and method of termination of judges;
- (b)
- term of appointment of judges, including the desirability of a compulsory retirement age, and the merit of full-time, part-time or other arrangements;
- (c)
- jurisdictional issues, for example, the interface between the federal and state judicial system; and
- (d)
- the judicial complaints handling system.
Senator Sterle to move on the next day of sitting:
- That the time for the presentation of the report of the Rural and Regional Affairs and Transport Committee on the import risk analysis for the importation of Cavendish bananas from the Philippines be extended to 14 May 2009.
Senators Hanson-Young and Bob Brown to move on the next day of sitting:
- That the Senate—
- (a)
- notes the appreciation of the gay and lesbian community of the recent passing of the same-sex law reforms;
- (b)
- recognises:
- (i)
- concerns raised by the gay and lesbian community that isolated and vulnerable members of the community may only become aware of these reforms after 30 March 2009 when Centrelink’s education campaign commences, and
- (ii)
- that the arbitrary time frame will not allow for same-sex couples to adequately adjust to the removal of discrimination before incurring debt and penalties; and
- (c)
- calls on the Government to revisit the implementation of a 12-month transitional period to ensure individuals currently on a social security payment have sufficient time to readjust to the changes.
The President to move on the next day of sitting:
- That the Senate—
- (1)
- Recognises the Association of Former Members of the Parliament of Australia, formed in 1988, as a forum in which former Members and Senators can meet, discuss and promote parliamentary democracy.
- (2)
- Acknowledges the contribution made by the Association and its members to debate on public policy in Australia and the furthering of parliamentary democracy in general.
- (3)
- Welcomes the role of the Association in encouraging former Members and Senators to maintain their contacts, associations and friendships established during their tenure as Australia parliamentarians.
- (4)
- Endorses the Association’s role in establishing fraternal relations with kindred organisations within Australia and internationally.
Senator Cormann to move on the next day of sitting:
- That the order of the Senate of 24 June 2008 for the production of documents relating to departmental and agency appointments be amended as follows:
At the end of paragraph (1)(a), add “and the place of permanent residence by state or territory of the appointee”.
Senator McLucas to move on the next day of sitting:
- That on Thursday, 19 March 2009:
- (a)
- the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to adjournment;
- (b)
- consideration of general business, and consideration of committee reports, government responses and Auditor-General reports under standing order 62(1) and (2) shall not be proceeded with;
- (c)
- the routine of business from 12.45 pm till not later than 2 pm, and from not later than 3.45 pm shall be government business only;
- (d)
- divisions may take place after 4.30 pm;
- (e)
- the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the bills listed below and any messages from the House of Representatives:
Fair Work Bill 2008
Customs Tariff Amendment (2009 Measures No. 1) Bill 2009
Excise Tariff Amendment (2009 Measures No. 1) Bill 2009––consideration of messages
Aviation Legislation Amendment (2008 Measures No. 2) Bill 2008
Social Security and Veterans’ Entitlements Amendment (Commonwealth Seniors Health Card) Bill 2009
Therapeutic Goods Amendment (Medical Devices and Other Measures) Bill 2008 [2009]
Appropriation Bill (No. 3) 2008-2009
Appropriation Bill (No. 4) 2008-2009
Appropriation Bill (No. 5) 2008-2009
Appropriation Bill (No. 6) 2008-2009
Tax Laws Amendment (2009 Measures No. 1) Bill 2009
Social Security Amendment (Liquid Assets Waiting Period) Bill 2009; and
- (f)
- if the Senate is sitting at midnight, the sitting of the Senate be suspended till 9.30 am on Friday, 20 March 2009.
Senator Ludwig to move on the next day of sitting:
- That the following matter be referred to the Community Affairs Committee for inquiry and report by 15 May 2009:
Any Government proposal to implement the Government’s announced 2008-09 Budget measure to increase compliance audits on Medicare benefits by increasing the audit powers to Medicare Australia to access the patient records supporting Medicare billing and to apply sanctions on providers.
Senator Siewert to move on the next day of sitting:
- That the Senate—
- (a)
- expresses its concern over the treatment of Junichi Sato and Toru Suzuki, two Japanese Greenpeace activists who were held without charge for 26 days and are currently on strict bail restrictions, pending a court case into their role in exposing the embezzlement of whale meat from the Japanese Government sponsored whaling program;
- (b)
- notes that:
- (i)
- on Thursday, 19 March 2009, Greenpeace Australia is coordinating concerned Australian citizens to hold peaceful protests outside the Japanese Embassy in Canberra, to voice their concerns over the Japanese Government’s handling of this trial, and
- (ii)
- no charges have been laid relating to the embezzlement of whale meat by the crew of the Nisshin Maru whaling vessel, and that the Japanese Public Prosecutor has subsequently dropped the investigation into the involvement of the crew and whaling officials in this illegal trade; and
- (c)
- calls on the Australian Government:
- (i)
- to press the Japanese Government to take action on the alleged embezzlement of whale meat and to ensure that international human rights treaties, of which Australia and Japan are signatories, are upheld, and
- (ii)
- to request the International Whaling Commission to launch its own investigation into the embezzlement of whale meat by crew members of the Japanese whaling fleet.
Senator Humphries to move on the next day of sitting:
- That the following matter be referred to the Community Affairs Committee for inquiry and report by 12 May 2009:
The design of the Federal Government’s national registration and accreditation scheme for doctors and other health workers, including:
- (a)
- the impact of the scheme on state and territory health services;
- (b)
- the impact of the scheme on patient care and safety;
- (c)
- the effect of the scheme on standards of training and qualification of relevant health professionals;
- (d)
- how the scheme will affect complaints management and disciplinary processes within particular professional streams;
- (e)
- the appropriate role, if any, in the scheme for state and territory registration boards; and
- (f)
- alternative models for implementation of the scheme.
Senator Ludlam to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- more than 40 terrorism laws have been enacted in relation to terrorism since 2001, some of which included significant departures from established principles of Australian law,
- (ii)
- due to the exceptional nature of these complex laws, and to ensure scrutiny, accountability and transparency, an independent reviewer has been recommended by:
- (a)
- the Security Legislation Review Committee chaired by the Honourable Simon Sheller AO, QC, in June 2006,
- (b)
- the Parliamentary Joint Committee on Intelligence and Security in December 2006, and again in 2007,
- (c)
- the Legal and Constitutional Affairs Committee in October 2008, and
- (d)
- the Senate through the passage of a private senator’s bill in November 2008,
- (iii)
- independent review mechanisms are a feature of best practice in like-minded democracies, and
- (iv)
- the Government promised in November 2008 a comprehensive response to the proposal for an independent review of counter terrorism laws and other review recommendations; and
- (b)
- calls on the Australian Government to:
- (i)
- introduce legislation that would establish an Independent Reviewer of Terrorism Laws, and
- (ii)
- update the Senate as to the Government’s intended timetable for the introduction of the promised comprehensive response.
Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source
On that basis, the NLP in Queensland, I expect, will be directing preferences to the Greens.
Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | Link to this | Hansard source
Senator Ian Macdonald interjecting—
Alan Ferguson (SA, Deputy-President) Share this | Link to this | Hansard source
Order! We are doing notices of motion. I presume you are moving a notice of motion, Senator Brown.
Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source
I note that Senator Macdonald is pleased with my comment.
Senator Bob Brown to move on the next day of sitting:
- That the Senate noting the words of the Government (Minister for Human Services, Senator Ludwig) in the Senate on 17 March 2009 that, ‘Under the EPBC Act the Minister for the Environment, Heritage and the Arts can do much more than prevent any deliberate actions which would increase the prospect of the swift parrot going to extinction’:
- (a)
- calls on the Minister for the Environment, Heritage and the Arts (Mr Garrett) to act, well within these powers, to prevent any deliberate action which would increase the prospect of Australia’s swift parrot becoming extinct; and
- (b)
- calls on the Government to inform the Senate by 12 May 2009 whether the swift parrot recovery plans meet International Union for the Conservation of Nature requirements.
Senator Ludlam to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- an Environment, Communication and the Arts Committee inquiry found numerous and fundamental flaws in the Commonwealth Radioactive Waste Management Act 2005 and recommended in December 2008 that it be repealed, and
- (ii)
- the committee called for replacement legislation to be introduced into the parliament in the autumn 2009 sittings that would be based on principles of rigorous consultation, voluntary consent, environmental credibility, and which utilises best practice models tested internationally; and
- (b)
- calls on the Australian Government to:
- (i)
- repeal the Commonwealth Radioactive Waste Management Act 2005 and introduce replacement legislation as outlined in Australian Labor Party (ALP) policy and subsequently recommended by the committee,
- (ii)
- deliver a process on radioactive waste that is scientific, transparent accountable, fair and allows access to appeal mechanisms, which is both an election promise and a stated policy position of the ALP, and
- (iii)
- update the Senate as to the Government’s intended timetable for the introduction of the repeal and replacement legislation.
Senator Ian Macdonald to move on the next day of sitting:
- That the Senate notes:
- (a)
- that the Greens political party in Queensland has allocated preferences to the Bligh Labor Government in 12 marginal seats thus heightening the chances of the Labor Government being returned to office in Queensland at the election on Saturday, 21 March 2009;
- (b)
- the Greens political party both in Queensland and federally claim to oppose the construction of the Traveston Crossing Dam on the Mary River in Queensland;
- (c)
- that the Liberal National Party in Queensland has consistently and firmly opposed the construction of the Traveston Crossing Dam;
- (d)
- that the Bligh Labor Government has refused to rule out construction of the Traveston Crossing Dam and has indicated it would make an application to the Federal Government for Environment Protection and Biodiversity Conservation Act approval to construct the Traveston Crossing Dam after Saturday’s election in Queensland; and
- (e)
- the contradictory approaches of the Greens political party to construction of the Traveston Crossing Dam.
Senator Bob Brown to move on the next day of sitting:
- Notice of amendment:
- That, logically, the Queensland National Liberal Party, in concern for the Mary River, ought to prefer the Greens over the Australian Labor Party in assessing preference directions.
Senator Ian Macdonald to move on the next day of sitting:
- Notice of amendment to the proposed notice of amendment of the Leader of the Australian Greens (Senator Bob Brown):
- That the Senate also notes that the Liberal National Party in Queensland is not recommending preferences.