Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

At the request of Senators Gallacher and Hanson-Young, I move:

(1) That a select committee, to be known as the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru, be established to inquire into and report by 15 June 2015 on the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru (the Centre), with particular reference to:

(a) how the Commonwealth Government is fulfilling its obligations under the Memorandum of Understanding between The Republic of Nauru and the Commonwealth of Australia relating to the transfer to and assessment of persons in Nauru, cost and related issues;

(b) the performance of the Commonwealth Government in connection with the Centre, including the conduct and behaviour of the staff employed at the Centre, to the extent That the Commonwealth Government is responsible;

(c) the Commonwealth Government's duty of care obligations and responsibilities with respect to the Centre;

(d) the circumstances that precipitated the Moss Review, including allegations made regarding conditions and circumstances at the centre and the conduct and behaviour of staff employed by contracted service providers, the timing of the Commonwealth Government's knowledge of the allegations, and the appropriateness of the response of the Commonwealth Government to these allegations;

(e) factors relating to the timing of the release of the Moss Review;

(f) the response of the Commonwealth Government to the recommendations of the Moss Review, including timelines for implementation; and

(g) any related matters.

(2) That the committee consist of 5 senators, 2 to be nominated by the Leader of the Government in the Senate, 2 to be nominated by the Leader of the Opposition in the Senate, and 1 to be nominated by the Leader of the Australian Greens in the Senate.

(3) That:

(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and

(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.

(4) That 3 members of the committee constitute a quorum of the committee.

(5) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.

(6) That the committee elect as chair a member nominated by the Leader of the Opposition in the Senate and as deputy chair a member nominated by the Leader of the Australian Greens.

(7) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(8) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.

(9) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(10) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.

(11) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(12) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

The government will not be supporting this motion. This is a politically driven motion moved by those who are fundamentally opposed to the government's offshore processing policies. The allegations referred to in this motion have been extensively investigated independently by Mr Philip Moss, the former Integrity Commissioner and former head of the Australian Commission for Law Enforcement and Integrity. The Moss inquiry was a comprehensive investigation which drew information from a wide range of stakeholders, including Serco and the Australian Federal Police. The department has accepted all of Mr Moss's in 19 recommendations and has only just commenced implementing its responses. The department will continue to have discussions with the government of Nauru on the best way forward to implement the investigation's recommendations.

Stephen Parry (President) Share this | Link to this | Hansard source

The question is that general business notice of motion No. 698, standing in the names of Senator Gallacher and Senator Hanson-Young, be agreed to.

John Madigan (Victoria, Independent) Share this | Link to this | Hansard source

by leave—In principle, I supported the previous motion before the chamber today. Transparency and investigation are paramount, particularly when the target is the treatment of vulnerable people, women and children. However, I am concerned that this motion is too soon, in light of the fact that I have read the Moss review that was handed down only last Friday. I acknowledge the fact that the terms of reference may have been narrow, but I am impressed with the integrity of Mr Moss and the veracity of his findings. This motion called for a report within three months, and I believe that is unrealistic. If, in three months' time, the government's response to the Moss review has been inadequate, I will support the motion if it is put again.