Concetta Fierravanti-Wells (NSW, Liberal Party, Minister for International Development and the Pacific) Share this | Link to this | Hansard source

I table a revised explanatory memorandum relating to the Law Enforcement Legislation Amendment (State Bodies and Other Measures) Bill 2016 and move:

  That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY ACT (NEW GOVERNANCE ARRANGEMENTS) AMENDMENT BILL

Australia remains a world leader for successful organ and tissue transplantation.

The Australian Organ and Tissue Donation and Transplantation Authority, known commonly as the Organ and Tissue Authority, manages the implementation of the Australian Government's national reform program on organ and tissue donation for transplantation in partnership with:

Earlier this year, the then Minister for Rural Health, Senator the Hon Fiona Nash released the findings of the Ernst and Young Review of the National Reform Program on Organ and Tissue Donation and Transplantation (the EY Review).

The EY Review was prompted by concerns about the slowing of organ donation rates in Australia, and the need to review organ donation practices.

The EY Review examined the respective contributions to the national reform program of the Organ and Tissue Authority, state and territory governments and the DonateLife Network hospitals and clinicians.

The EY Review found that the national reform agenda (which commenced in 2009) has been broadly effective; however there is scope for improvement in the areas of governance, transparency and accountability.

To improve these areas, the Review made 24 recommendations, including:

Stakeholders, consulted following the release of the findings of the EY review, broadly agreed to the EY Review's recommendations, including recommendations five (5) to nine (9) which directly relate to the governance of the Organ and Tissue Authority

The EY Review states that strategic oversight of the DonateLife Network, as well as the performance monitoring, succession planning and mentoring of the CEO, could be improved through the establishment of a board of governance.

Further, the establishment of a board of governance will foster and encourage a culture of debate within the Organ and Tissue Authority.

This Bill seeks to establish the Australian Organ and Tissue Donation and Transplantation Authority Board under the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 (the Act).

The Board will take on the functions currently vested in the CEO under the Australian Organ and Tissue Donation and Transplantation Authority Act 2008, including assuming the role as the accountable authority under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

Establishing the Board as the decision making body, and accountable authority under the PGPA Act, will ensure that the perspectives of the organ and tissue donation and transplantation sector are taken into account in succession planning, in overseeing the work of the DonateLife Network, and in setting the key policy and strategic direction for the Organ and Tissue Authority.

The CEO, whose primary role will be to oversee the day to day administration of the Organ and Tissue Authority, will be appointed by the Minister in consultation with the Board. The CEO will also be a member of the Board.

This arrangement has been instituted to improve operational efficacy of the Organ and Tissue Authority, and will ensure that the strategic and policy objectives of the Authority are effectively integrated in day to day operations and activities.

To ensure that the Organ and Tissue Authority remains agile and responsive in a highly complex sector, the Board may also delegate some of its functions to the CEO.

This Bill retains the ability for the Commonwealth Minister to give policy principles to the Authority about the performance of its functions.

The Board will have skills-based membership - harnessing expertise, experience and knowledge from a broad range of areas, including:

In line with the EY Review recommendations, the Commonwealth will nominate the Chair of the Board. The jurisdictions will nominate the Deputy Chair, with the remaining five members to be nominated by the COAG Health Council. All Board members will be appointed by the Commonwealth Minister.

This arrangement will support Australia's nationally consistent and coordinated approach to organ and tissue donation and transplantation.

While there are no existing non-corporate Commonwealth Entities currently adopting this model, we are confident that this arrangement is best for the Organ and Tissue Authority, and the organ and tissue sector, going forward.

The Act will be amended to abolish the Advisory Council, but leave intact the provisions relating to organ and tissue donation and transplantation such as formulating and disseminating policies and standards, supporting clinical training and community education, and providing financial assistance.

At this point, I would also like to acknowledge the valuable work that the Advisory Council has done since its establishment.

The establishment of the Organ and Tissue Authority Board will improve accountability and transparency, and will better support the Authority to more effectively achieve its strategic goals - saving lives, and improving the quality of the lives, of more Australians.

LAW ENFORCEMENT LEGISLATION AMENDMENT (STATE BODIES AND OTHER MEASURES) BILL 2016

The Law Enforcement Legislation Amendment (State Bodies and Other Measures) Bill 2016 makes amendments to a number of Acts to ensure state integrity and anti-corruption bodies have the necessary powers to discharge their functions and to ensure property acquired unlawfully is not kept by criminals.

The measures in the Bill will:

Law Enforcement Conduct Commission

The Government is committed to supporting State and Territory governments to tackle corruption and misconduct.

It is common for persons participating in corrupt conduct to utilise clandestine communication methods and attempt to avoid detection by law enforcement and integrity bodies.

In response to The Tink Review into Police Oversight, the NSW Government will abolish the state's current police oversight body, the Police Integrity Commission, and replace it with the Law Enforcement Conduct Commission. The new Commission will be responsible for detecting, investigating and preventing police corruption and misconduct, and will have comparable investigative powers to anti-corruption bodies in Australia.

The Bill provides the Law Enforcement Conduct Commission with access to information obtained under the Commonwealth interception regime, similar to other state anti-corruption commissions, which would be vital to that Commission's investigations.

The Telecommunications (Interception and Access) Act 1979 (Interception Act) strictly regulates how agencies that receive intercepted information are able to use and communicate that information - this is important in ensuring that privacy and oversight considerations are part of the interception regime.

The Victorian Commission

Like the Law Enforcement Conduct Commission, the Victorian Independent Broad-based Anti-corruption Commission discharges a critical integrity and oversight role. Commonwealth law already provides a number of investigative powers to that Commission, including powers under the Interception Act.

This Bill would ensure the Commission has powers under Commonwealth law consistent with those available to equivalent state anti-corruption bodies.

Proceeds of Crime

The Proceeds of Crime Act is a key part of our response to serious and organised crime. It creates a scheme to trace, restrain and confiscate the proceeds and benefits gained from criminal activity.

The Bill clarifies that property or wealth is not to be considered 'lawfully acquired' where it has been subject to a security or loan that has been discharged using property that is not lawfully acquired.

These amendments address the consequences of the West Australian Supreme Court decision in Commissioner of the Australian Federal Police v Huang and ensure criminals cannot circumvent the Proceeds of Crime Act.

The amendments are necessary to prevent criminals from funnelling unlawfully obtained funds into real property, which is one of the most common assets restrained under proceeds of crime actions – by, for example, obtaining a mortgage using a lawfully obtained sum as a deposit, then using proceeds of crime to pay off the loan.

The Bill clarifies that courts must 'follow the money' and examine the arrangements underpinning the acquisition of property in determining whether the property has been 'lawfully acquired'.

This Bill demonstrates that the Government remains committed to making our streets and communities safer through taking effective steps to combat crime.

Conclusion

This Bill will ensure agencies responsible for combating serious criminal activity are able to access the tools they need to support their functions and that those tools are fully effective.

Debate adjourned.

Ordered that the bills be listed on the Notice Paper as separate orders of the day.