Kerry O'Brien (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

I present the third report of 2010 for the Selection of Bills Committee and I seek leave to have the report incorporated in Hansard .

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 3 OF 2010

1. The committee met in private session on Thursday, 25 February 2010 at 11.52 am.

2. The committee resolved to recommend—That—

(a)

the provisions of the Health Practitioner Regulation (Consequential Amendments) Bill 2010 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 9 May 2010 (see appendix 1 for a statement of reasons for referral);

(b)

the provisions of the National Radioactive Waste Management Bill 2010 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 March 2010 (see appendices 2 and 3 for  statements of reasons for referral); and

(c)

the Wild Rivers (Environmental Management) Bill 2010 [No. 2] be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 9 May 2010 (see appendix 4 for a statement of reasons for referral).

3. The committee resolved to recommend—That the following bills not be referred to committees:

• Anti-People Smuggling and Other Measures Bill 2010
• Environment Protection and Biodiversity Conservation Amendment (Recreational Fishing for Mako and Porbeagle Sharks) Bill 2010
• Family Assistance Legislation Amendment (Child Care) Bill 2010
• Renewable Energy—Electricity (Water Heaters and Phantom Certificates) Bill 2010
• Social Security and Other Legislation Amendment (Scholarship Payments) Bill 2010.

The committee recommends accordingly.

4. The committee deferred consideration of the Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009 to its next meeting.

(Kerry O’Brien)

Chair

25 February 2010

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Health Practitioner Regulation (Consequential Amendments) Bill 2010 Reasons for referral/principal issues for consideration:

To examine the implications for healthcare providers, particularly the reserve powers relating to registration requirements

Possible submissions or evidence from:

AMA

AMA (State Divisions)

Peak bodies for each medical discipline

Committee to which bill is to be referred:

Community Affairs Legislation Committee

Possible hearing date(s):

Throughout April break.

Possible reporting date:

May 11th 2010

(signed)

Senator Parry

Whip / Selection of Bills Committee member

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

National Radioactive Waste Management Bill

Reasons for referral/principal issues for consideration:

This Bill overrides the Aboriginal and Torres Straight Islander Heritage Protection Act 1984. It is necessary to examine the costs and benefits of doing so in this instance. This Bill overrides the EPBC Act. It is necessary to examine the costs and benefits of doing so in this instance. this Bill provides the Commonwealth with the power to override all state and territory laws that could delay, hinder or regulate the imposition of a radioactive waste facility. The States and Territories should be afforded the opportunity through a Senate inquiry to offer their views on the implication of this action.

The Bill’s stated intention is to resolve long-standing disputes over the management of radioactive waste which has generated public debate and controversy for many decades. There is no doubt there will be a high degree of public interest in this bill.

Possible submissions or evidence from:

State and Territory governments

Other organisations that have shown considerable interest and possess expertise on the issue are: Australian Nuclear Science and Technology Association (ANSTO), Alice Springs Town Council, Arid Lands Environment Centre - Beyond Nuclear Initiative, Northern Land Council, Muckaty Traditional Owners, Public Health Association of Australia, Australian Uranium Association, Central Land Council, Australian Nuclear Association, Women’s International League for Peace and Freedom (Australian Section) Inc, Top End Aboriginal Conservation Alliance, Friends of the Earth Sydney, Katherine Town Council, Medical Association for the Prevention of War (Northern Territory Branch), Arid Lands Environment Centre, Inc, Environment Centre NT, Medical Association for Prevention of War (Australia), Blue Mountains Nuclear Free Group, Friends of the Earth Adelaide, Oxfam Australia, Australian Student Environment Network, Working Group for Aboriginal Rights (WGAR), Federation of Australian Scientific and Technological Societies (FASTS), Friends of the Earth, Australia, Pindimar Bundabah Community Association, People for Nuclear Disarmament Western Australia, No Waste Alliance, Australian Conservation Foundation, Anti-Nuclear Alliance of Western Australia

Committee to which bill is to be referred:

Environment, Communication and the Arts Committee

Possible hearing date(s):

25, 26 27 April

Possible reporting date:

24 June

(signed)

Rachel Siewert

Whip / Selection of Bills Committee member

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

National Radioactive Waste Management Bill 2010

Reasons for referral/principal issues for consideration:

This is important legislation involving a significant exercise of Commonwealth power, warranting consideration by the Legal and Constitutional Affairs Committee.

Possible submissions or evidence from:

Northern Land Council

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

9 March 2010

(signed)

Kerry O’Brien

Whip / Selection of Bills Committee member

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Wild Rivers (Environmental Management) Bill 2010 [No 2]

Reasons for referral/principal issues for consideration:

To examine broadly the implications of this piece of legislation.

Possible submissions or evidence from:

Queensland State Government North Queensland Land Council Cape York Institute

Mr Noel Pearson

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Throughout April break.

Possible reporting date:

May 11th 2010

(signed)

Senator Parry

Whip / Selection of Bills Committee member

I move:

That the report be adopted.

Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

I move:

At the end of the motion, add "but, in respect of the National Radioactive Waste Management Bill 2010, the provisions of the bill also be referred to the Environment, Communications and the Arts Legislation Committee for inquiry and report by 24 June 2010".

I understand the proposed amendment to the motion has been circulated to the whips. Its circulation was set in motion a little while ago, but I will inform senators exactly what I am doing. The proposed amendment does not seek to impede the work of the Selection of Bills Committee. It refers specifically to one of the recommendations in respect of the National Radioactive Waste Management Bill 2010, which was presented to the House of Representatives the other day.

The Selection of Bills Committee has recommended the referral of this extremely important bill, in which we know there is going to be a very high degree of public interest not just in the Northern Territory but right around the country, to the Legal and Constitutional Affairs Legislation Committee for an inquiry which basically gives people 11 working days to inform the committee—and for the committee, hopefully, to inform itself—as to the wide-ranging import of a bill of this kind. The Legal and Constitutional Affairs Legislation Committee is exactly the right place for this referral to go with regard to the quite serious constitutional implications of the drafting of the bill, which effectively not merely trespasses but bulldozes the rights of states and territories. The Northern Territory is on the front line right at the moment, but this bill seeks to effectively clear a path through any private interests, Aboriginal interests, environmental interests and the relevant state and territory legislation that would impede the site selection and location of a national radioactive waste dump, the first that has ever operated in Australia.

We have a 20- or 30-year history of coercive attempts at dumping this form of material on remote Aboriginal communities and it is time that that approach ceased, effective immediately. We thought we had that commitment in hand from the Labor government. Comments were made by candidates, by sitting senators and by Labor members of parliament that the approach of the former government was wrong and that it was time to move to a different footing—a respectful, scientific, deliberative approach as to what to do with our radioactive waste. Instead what we have is a continuation of this process. Now we have the Selection of Bills Committee moving for a very rapid short-circuiting of due process on an issue that the community has enormous interest in.

You will note that we are not proposing the cancellation of the recommendation of the Selection of Bills Committee. I think it is entirely appropriate that the Legal and Constitutional Affairs Legislation Committee assess the constitutional implications of this bill. If that is the recommendation of the committee, that is fine. This motion seeks to refer the bill simultaneously to the Standing Committee on Environment, Communications and the Arts for a decent period of time. We have set the report date at 24 June 2010, which is enough time for the committee to seek correspondence—and they will be getting a lot of it from around the country but particularly from the people on the ground at Muckaty Station, who know that they are targeted by this legislation. They know absolutely that this is a continuation of the process that we have seen before. If it is the government and Minister Martin Ferguson’s decision to continue down this track that has failed and left in its wake a trail of Commonwealth ministers in failed attempts to coercively establish radioactive waste dumps, then that is the government’s decision and so be it.

But, at the very least, give the Senate a chance to do its job. Let the Legal and Constitutional Affairs Legislation Committee look into the constitutional implications of bulldozing aside state and territory rights in the site selection, the location, the construction and the operation of the dump, but give the Environment, Communications and the Arts Legislation Committee the opportunity to conduct a thorough inquiry and take evidence from the community. We know a high degree of public interest will be expressed, because that same committee did an exceptional job in the second and third quarters of 2008 and came up with a consensus report. It was chaired by Senator McEwen. We travelled to Alice Springs and we had hearings here in Canberra. We took evidence from all stakeholders, but most importantly we took evidence from people who had come down from Tennant Creek. That was the first time that they had had their voices heard in this debate. For the government to refuse to refer this to an appropriate committee for a decent period of time is a calculated abuse of the Senate’s oversight role. I commend this amendment to the chamber.

Kerry O'Brien (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

by leave—This is a proposition which we were not warned of. I have not seen it. I am not saying that there was not some attempt to communicate it. I request that this motion be postponed to a later hour to allow me to get some instructions on that. It may be constructive—I cannot promise anything—but, if the chamber is happy for me to do that, I will do it.

Debate (on motion by Senator Sherry) adjourned.