David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I present the seventh report of 2015 of the Selection of Bills Committee. I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 7 of 2015

1. The committee met in private session on Wednesday, 17 June 2015 at 7.16pm.

2. The committee resolved to recommend—That—

(a) the Australian Small Business and Family Enterprise Ombudsman Bill 2015 and the Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Bill 2015 be referred immediately to the Legal and Constitutional Affairs Legislation Committee but was unable to reach agreement on a reporting date(see appendix 1 for a statement of reasons for referral).

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

The committee recommends accordingly.

4. The committee deferred consideration of the following bills to its next meeting:

David Bushby

Chair

18 June 2015

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Small Business and Family Enterprise Ombudsman Bill 2015

Reasons for referral/principal issues for consideration:

The role and operation of the small business Ombudsman seem inconsistent with the operation of similar Ombudsman positions.

Possible submissions or evidence from:

Relevant small business stakeholders

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

11 August 2015

(signed)

Senator Anne McEwen

I move:

That the report be adopted.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question is that that motion be agreed to.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr Deputy President, we have an amendment to the Selection of Bills Committee report. I move the amendment which has been circulated in the chamber:

At the end of the motion, add, "but, in respect of the Australian Small Business and Family Enterprise Ombudsman Bill 2015 and the Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Bill 2015 the Legal and Constitutional Affairs Legislation Committee report by August 2015.".

It is in respect of the Australian Small Business and Family Enterprise Ombudsman Bill 2015 and the Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Bill 2015. We have a request that the Selection of Bills Committee report be amended, to allow for an inquiry into these two bills by the Legal and Constitutional Affairs Legislation Committee to report by 11 August 2015.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I just want to make a few quick comments about the bill. The Greens will be supporting this bill—supporting this motion, sorry. We brought a private member's bill—

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question before the chair is that the amendment be agreed to, but you can speak on that.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Thank you. I just wanted to make it clear that I, on behalf of the Greens, brought a private member's bill to the Senate in 2013 that was very similar to this. We wanted to give extra powers to the Commonwealth Small Business Commissioner, which was an initiative brought in by Labor. We wanted to give them, especially, powers for dispute resolution, which were missing. We put that up; it was voted down. This bill is very similar to that. So we will be supporting the extension of this.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

I move the following amendment to Senator Moore's proposed amendment:

In respect of the Australian Small Business and Family Enterprise Ombudsman Bill 2015 and related bill, omit "11 August 2015", substitute "24 June 2015".

I must say that I am a little perplexed as to the desire of the opposition to seek to delay the opportunity for this bill to pass through the parliament by kicking out the date for the committee to inquire into this legislation. We saw the spectacle—the stunt, if you will—of Mr Shorten, in relation to other important small business legislation the other week when we were in Senate estimates. Mr Shorten's stunt was to move that the question be put—which we know in this place as a gag—and that was supposedly to demonstrate Mr Shorten's commitment to the small-business sector and that somehow he was even more committed than the government to the small-business sector by his desire to race that legislation through the House. There were some who took Mr Shorten's actions at face value—which is something that is always a little dangerous to do—and thought, 'Oh, gee, the opposition is trying to be more than helpful,' and there were some who said, 'Why didn't the government support Mr Shorten's motion that the question be put, because it would have speeded its passage into law?' There is one little problem with that: the Senate was not actually sitting, so allowing those colleagues in the House who wanted to contribute in that debate to contribute would not, in any way, shape or form, have delayed our small business legislation finally coming into law because the Senate was not actually in session. So, having done that in that place, I am a little surprised that, when it comes to our legislation for a Small Business and Family Enterprise Ombudsman, Labor are seeking to delay things. Anyway, I just think there is a little inconsistency there.

We are keen to get on with this. That is why I have moved the amendment—that the committee report not on the date proposed by Senator Moore but sooner.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

I rise to speak to my amendment in opposition to the minister's amendment to my amendment—and I kept checking with the clerk that I actually got that second bit in there so I could speak on the opposition to the amendment raised by the minister. There is no inconsistency in our position. We on this side of the chamber have got strong commitment to small business and we share the concern that small business needs to be supported in our community. This is not some kind of arm-wrestle about who is more committed to small business. Basically, what we are asking for in this process is: this bill has some complexities in the transfer of responsibilities between the existing Small Business Commissioner and the newly created Small Business and Family Enterprise Ombudsman. It is the creation of a new position. We want to see that there is an effective opportunity for the Senate—and, through the Senate, for the community—to have a close look at what the impact of the changes will be, at the responsibility of the changes and at whether there is any overlap that may occur between the two positions and their organisations, and also to look at the actual impact of this change.

We are not asking for an extensive delay in this process. Again, there is no need for this bill to be done in this particular sitting—or by the 24th, if the minister's amendment to my amendment gets up. The delay of one sitting week, in having a reporting date on 11 August, gives us the opportunity of the break to have the appropriate committee, the Legal and Constitutional Affairs Legislation Committee, look at the legal aspects of the changes, giving them an opportunity to have public input. People are interested in this area—and there is great interest in this area, about how it will operate, and the way that the overlap will happen, and how the new organisation will operate into the future. The Small Business Commissioner will continue to operate in this period. There will be no lack of service to any groups that would need support or information from the process. Again, what we are asking for is a chance for the Senate to do its job. The Senate has the opportunity, through the appropriate committees, to review the legislation, to inquire into it and get submissions and information from the community and from organisations about concerns that they may have with the process, and then to make recommendations back to the parliament about the strength of the bill and how we can possibly improve it. This is not a delaying tactic. It is an opportunity for us to do our job and for the committee to bring back the recommendations in the first sitting week of August so then we can make a decision which fulfils our commitment to small business. It has no intent to delay. It only allows proper scrutiny of legislation.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Senator Bushby has moved a motion to adopt the Selection of Bills Committee report. Senator Moore is seeking to amend that report, and Senator Fifield is seeking to amend Senator Moore's proposed amendment. The question I will put first is Senator Fifield's amendment. Senator Whish-Wilson, did you also want to speak on Senator Fifield's amendment?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I have a very short statement. I also wanted to reiterate why there are at least inferences if not direct accusations going across the chamber that by delaying this and sending it to committee somehow we do not support small business. The Greens have been leading on small business now for years and, as I said, I did put a private member's bill on this exact issue. In fact, I was quite stunned when I read this. It is almost identical to what I put up, and I was told at the time that the Liberal Party, who were in opposition, voted it down because they wanted to do something similar when they got into government.

Senator Cormann interjecting—

What a cynical business we operate in, Senator Cormann. I actually have not had a chance to have a look at it yet, and given that I have an active interest, as do the Labor Party, I would like to see this go to committee and be properly scrutinised. I do have concerns about duplication of roles between the Small Business Commissioner and this new ombudsman and I really hope that there is a genuine need for it. The Small Business Commissioner did need teeth, he did need extra powers, and I highly commended Labor at the time for making that appointment, but we could improve. So I would really like to have a look at where this bill delivers that and I would like to know what happens to his office, because he is employing people, he now has his feet on the ground and he is doing a good job.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Fifield be agreed to.