Senator Back to move on the next day of sitting:

That—

(1)

The following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 1 June 2010:

An assessment of the effectiveness of Airservices Australia’s management of aircraft noise under its responsibilities to provide air traffic services and protect the environment from the effects associated with the operation of aircraft for which it has legislative jurisdiction.

(2)

In undertaking this inquiry, the committee shall consider whether Airservices Australia:

(a)

has conducted an effective, open and informed public consultation strategy with communities affected by aircraft noise;

(b)

engages with industry and business stakeholders in an open, informed and reasonable way;

(c)

has adequate triggers for public consultation under legislation and whether procedures used by Airservices Australia are compliant with these requirements;

(d)

is accountable, as a government-owned corporation, for the conduct of its noise management strategy;

(e)

has pursued and established equitable noise-sharing arrangements in meeting its responsibilities to provide air traffic services and to protect the environment from the effects associated with aircraft for which it is responsible;

(f)

requires a binding Community Consultation Charter to assist it in consulting fully and openly with communities affected by aircraft noise; and

(g)

any other related matter.

Senators Back, Williams and Milne to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

Commonwealth Scientific and Industrial Research Organisation scientists have warned that Australia will experience more high fire danger days,

(ii)

three Australian states are on high fire danger alert and record high temperatures are being recorded for November 2009 in several Australian cities and towns including Adelaide,

(iii)

a government report in 2005 said that no single state or territory is likely to have the human and material resources required to resolve a catastrophic natural event; and

(b)

calls on the Government to:

(i)

acknowledge the Australian Emergency Management Committee’s 2005 Review of Australia’s ability to respond to and recover from catastrophic disasters,

(ii)

examine the existing Commonwealth Disaster Plan to assess its adequacy in the event of a catastrophic natural disaster,

(iii)

establish criteria by which the Commonwealth should take a coordinating role in natural disasters crossing state or territory borders, and

(iv)

implement the remaining recommendations of the 2005 review.

Senator Johnston to move on the next day of sitting:

That the following matters be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 18 March 2010:

(a)

the nature, scope and purpose of an ‘Equity and Diversity Health Check’ in the Royal Australian Navy, and under what authority such an investigation is conducted;

(b)

the equity and diversity issues at large on board HMAS Success (Success) giving rise to the ‘Equity and Diversity Health Check’ which was carried out on board Success between 21 April and 9 May 2009 including inter alia all disciplinary issues, the transfer of a Royal Navy exchange sailor, the management of equity and diversity issues by the ship’s Commanding Officer and his Executive Officer both before and after the ‘Equity and Diversity Health Check’;

(c)

the nature and veracity of complaints and allegations made by a Petty Officer or any other person concerning equity and diversity issues on Success;

(d)

the reasons and factual evidentiary basis for the ship’s Commanding Officer resolving to land a Chief Petty Officer and two Petty Officers (the senior sailors) at Singapore on 9 May 2009 from Success and the circumstances of that landing and removal from the ship including whether the Commanding Officer acted under the direction of any superior officer;

(e)

whether the senior sailors were informed of the full nature of the allegations and factual evidentiary basis for the subsequent landing in a timely fashion or at all, and whether procedural fairness was provided to those senior sailors;

(f)

the circumstances and events that led to the Commanding Officer of Success addressing members of the crew in relation to the landing of the senior sailors, whether the Commanding Officer referred to the senior sailors by stating words to the effect of ‘there was a rotten core on this ship and the core has now been removed’ and if so, the extent that those comments may have prejudiced any subsequent inquiry;

(g)

whether the Inquiry Officer as appointed pursuant to terms of reference, dated 15 May, and as set out in Minute S1804843, dated 10 July 2009, declined to interview any relevant witnesses in circumstances where the senior sailors were prohibited from attending Success and or contacting any of the ship’s company;

(h)

the way in which the inquiry into the events on Success was conducted, whether the method of questioning witnesses and gathering evidence was conducted according to the principles of justice, whether the inquiry process was free from any perception of bias, and whether any witnesses were threatened with disciplinary or other action during the course of giving evidence;

(i)

whether the senior sailors requested access to evidence gathered during the inquiry into the events on Success, whether any such request was denied, and whether any subsequent finding is reasonable in the circumstances;

(j)

the facts and circumstances of the treatment of the Legal Officer (the lawyer) assigned to the management and defence of the case of the senior sailors including any threats, bullying, adverse conduct and prejudice generally, including any threat of posting to Western Australia, and whether any such conduct constituted an attempt to compromise the lawyer’s capacity to represent the best interests of the senior sailors without fear or favour;

(k)

the knowledge and awareness of the ship’s Commanding Officer, the Australian Defence Force Investigative Service investigators and the broader naval chain of command of the facts and circumstances relating to the Channel 7 News reports on 4 July and 7 July 2009 (the media reports) and the dates and times of such personnel being availed of such knowledge and awareness;

(l)

the knowledge and awareness of the media reports by the responsible Minister and the dates and times of the Minister being availed of such knowledge and awareness; and

(m)

all and any other matters relating to the justice and equity of the management of the senior sailors in their removal from the ship and the subsequent administrative process or processes, including their complaints as to the flawed process as set out herein.

Senator Colbeck to move on the next day of sitting:

That, for the purposes of paragraph 48(1)(a) of the Legislative Instruments Act 2003, the Senate rescinds its resolutions of 15 September 2009 disallowing the following instruments:

(a)

the Export Control (Fees) Amendment Orders 2009 (No. 1), made under regulation 3 of the Export Control (Orders) Regulations 1982;

(b)

the Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), as contained in Select Legislative Instrument 2009 No. 108 and made under the Australian Meat and Live-stock Industry Act 1997;

(c)

the Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1), as contained in Select Legislative Instrument 2009 No. 109 and made under the Export Inspection (Establishment Registration Charges) Act 1985; and

(d)

the Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1), as contained in Select Legislative Instrument 2009 No. 110 and made under the Export Inspection (Quantity Charge) Act 1985.

Senator Cormann to move on the next day of sitting:

That there be laid on the table by the Minister representing the Minister for Health and Ageing, no later than noon on Thursday, 26 November 2009, a copy of the current draft rules and regulations relating to the following bills:

(a)

Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009;

(b)

Midwife Professional Indemnity (Run-off Cover Support Payment) Bill 2009; and

(c)

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Bill 2009.

Senator Cormann to move on the next day of sitting:

That the following matter be referred to the Community Affairs References Committee for inquiry and report by 30 June 2010:

Consumer access to pharmaceutical benefits and the creation of new therapeutic groups through the Pharmaceutical Benefits Scheme (PBS), including:

(a)

the impact of new therapeutic groups on consumer access to existing PBS drugs, vaccines and future drugs, particularly high cost drugs;

(b)

the effect of new therapeutic groups on the number and size of patient contributions;

(c)

consultation undertaken in the development of new therapeutic groups;

(d)

the impact of new therapeutic groups on the classification of medicines in F1 and F2 formularies;

(e)

the delay to price reductions associated with the price disclosure provisions due to take effect on 1 August 2009 and the reasons for the delay;

(f)

the process and timing of consideration by Cabinet of high cost drugs and vaccines; and

(g)

any other related matters.

Senators Barnett and Mason to move on the next day of sitting:

That the Senate—

(a)

notes:

(i)

the National School Chaplaincy Program (the program) was introduced by the former Coalition Government in the 2007-08 financial year with a commitment of $165 million for its first 3 years,

(ii)

the program offers pastoral care, spiritual guidance and counselling in a range of areas such as bullying, mental health, family relationships and drug and alcohol abuse, operates in 2 700 schools and enjoys strong support among principals, schools and in the community generally,

(iii)

the Coalition has announced that if elected, it will continue funding the program at present levels on an ongoing basis,

(iv)

the Government has been forced to respond and has extended funding for the program, at a reduced level, for another year until the end of 2011, after which time there may be no more funding despite the program’s social benefits, sound administration and strong community support, and

(v)

the Government’s announcement does not go far enough and does not allow for any new chaplains to be engaged and, as a result, does not provide certainty into the future for chaplains; and therefore

(b)

calls on the Government to make a commitment to extend the program to new schools that apply for a chaplain and to maintain current levels of funding into the future on an ongoing basis.

Senator Ludwig to move on the next day of sitting:

That, on Wednesday, 25 November 2009:

(a)

the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to 11.40 pm;

(b)

the routine of business from 7.30 pm shall be consideration of the government business order of the day relating to the Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills; and

(c)

the question for the adjournment of the Senate shall be proposed at 11 pm.

Senator Siewert to move on the next day of sitting:

That the Senate—

(a)

notes that Sunday, 29 November 2009 is the inaugural R U OK? Day, a suicide prevention initiative that brings Australians together to help prevent the isolation that can play a part in someone considering, or taking, their own life;

(b)

acknowledges the need to inspire Australians to reach out to anyone struggling, to show that people care and are there to help;

(c)

is aware that suicide claims the lives of approximately 2 000 people each year and is the biggest killer of men and women 15 to 35 years old; and

(d)

recognises that a simple conversation could change a life and that the key thing someone can do is regularly ask the people we care about, ‘Are you OK?’, regardless of whether they are at risk or not, as that connection is good for all of us.

Senator Milne to move on the next day of sitting:

(1)

That the Senate—

(a)

recalls that on 17 November 2009 it agreed to the following order, ‘That there be laid on the table, no later than 4 pm on 18 November 2009, the assessment by Geoscience Australia reportedly identifying prospective sites for underground carbon dioxide storage sites in Victoria, Queensland and Western Australia, referred to in an article, ‘New hope for viable clean coal projects’ published in The Australian on 24 October 2009’; and

(b)

notes that the Government tabled a response saying, ‘The Government is not able to comply with the Order because there is no document in the precise form requested. In any event, the Minister asks the Senate to note that the Government is using a report containing an assessment along the lines sought, containing also the work of others, for the purpose of assisting the Government’s consideration of competitive applications for funding under the CCS Flagships program. The report will be released at the time the grants under that program are announced’.

(2)

That there be laid on the table, no later than 4 pm on 25 November 2009, the report ‘containing an assessment along the lines sought’.

Senator Siewert to move on the next day of sitting:

That the Senate notes:

(a)

25 November 2009 is national Go Home On Time Day;

(b)

Australians work more than 2 billion hours of unpaid overtime each year;

(c)

Australians work the longest hours in the western world;

(d)

excessive unpaid overtime has significant industrial, economic and social implications; and

(e)

long working hours can have negative consequences for physical and mental health and personal relationships.

Senators Ludlam, O’Brien, Parry, Fielding and Xenophon to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

Wednesday, 25 November is the International Day for Elimination of Violence Against Women which is symbolised by the wearing of a white ribbon,

(ii)

White Ribbon Day marks the start of 16 Days of Activism Against Gender Violence, a global event calling on action to end violence against women,

(iii)

one in three Australian women will experience physical or sexual violence in their lifetimes,

(iv)

gender-based violence costs the Australian economy more than $15.1 billion each year which includes costs in terms of health, work absenteeism, police and court costs, and

(v)

the Asian Forum of Parliamentarians on Population and Development (AFPPD), of which the Australian Parliamentary Group on Population and Development is a member, has established the AFPPD Standing Committee of Male Parliamentarians on Prevention of Violence against Women and Girls on 7 September 2009 which is a significant step in bringing together male parliamentarians from across Asia as role models and outspoken activists for the prevention and elimination of violence against women and girls; and

(b)

calls on all men to actively participate in White Ribbon Day by ‘swearing to end violence against women, to never commit violence against women, to never excuse violence against women, and to never to remain silent about violence against women’.

Senator Siewert to move on the next day of sitting:

That the Senate calls on the Federal Government to require that the use of Commonwealth dialysis resources, including the provision of the transportable dialysis facility in Alice Springs, is contingent the on lifting of the Northern Territory Government’s ban on new interstate renal patients, so that all citizens can access these services on the basis of need.

Senator Hanson-Young to move on the next day of sitting:

That the Senate—

(a)

notes:

(i)

the Federal Government’s ongoing commitment to continuing with the excised territories of Christmas Island, Cocos Islands and Ashmore Reef, and

(ii)

the sheer expense of running the offshore detention facility on Christmas Island;

(b)

recognises concerns raised by the Australian Human Rights Commission, Amnesty International and the Refugee Council of Australia, to the limited access to sufficient health facilities, resources, and torture and trauma counselling services, due to the remoteness and isolation of the Christmas Island detention facilities from mainland Australia; and

(c)

calls on the Government to end the policy of excision and bring all offshore arrivals to the mainland for processing.

Senator Payne to move on the next day of sitting:

That the Senate adopt the temporary order relating to question time contained in the attachment to the fourth report of 2009 of the Procedure Committee.