Dean Smith (WA, Liberal Party) Share this | Link to this | Hansard source

(—) (): On behalf of Senator Bushby, I present the 5th Report of 2017 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. 5 OF 2017

1. The committee met in private session on Wednesday, 10 May 2017 at 7.16 pm.

2. The committee recommends that—

(a) contingent upon introduction in the House of Representatives, the provisions of the Australian Education Amendment Bill 2017 be referred immediately to the Education and Employment Legislation Committee but was unable to reach agreement on a reporting date (see appendix 1, 2 and 3 for a statement of reasons for referral);

(b) the provisions of the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 8 August 2017 (see appendix 4 and 5 for a statement of reasons for referral);

(c) contingent upon introduction in the House of Representatives, the provisions of the Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017 be referred immediately to the Education and Employment Legislation Committee but was unable to reach agreement on a reporting date (see appendix 6, 7 and 8 for a statement of reasons for referral); and

(d) the provisions of the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Bill 2017 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 13 June 2017 (see appendix 9 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

ASIC Supervisory Cost Recovery Levy (Collection) Bill 2017

ASIC Supervisory Cost Recovery Levy (Consequential Amendments) Bill 2017

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

National Vocational Education and Training Regulator (Charges) Amendment (Annual Registration Charge) Bill 2017

Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Bill 2017.

(David Bushby)

Chair

11 May 2017

APPENDIX 1

Proposal to refer a bill to a committee:

Name of bill:

Australia Education Amendment Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Stakeholders including individual schools; school authorities (eg Independent Schools Council of Australia, National Catholic Education Commission, Association of Heads of Independent Schools); Australian Parents Council; The Mitchell Institute, the Grattan Institute, State School Organisations; Principals bodies such as the Primary Principals' Association of Australia; indigenous education organisations, Representatives for students with disabilities

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s):

5-6 June 2017

Possible reporting date:

By 14 June 2016.

(signed)

Senator Mitch Fifield

APPENDIX 2

Proposal to refer a bill to a committee:

Name of bill:

Civil Law and Justice Legislation Amendment Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

8 August 2017

(signed)

Senator Anne Urquhart

APPENDIX 3

Proposal to refer a bill to a committee:

Name of bill:

Australian Education Amendment Bill 2017

Reasons for referral/principal issues for consideration:

To analyse the government's proposed funding model.

Possible submissions or evidence from:

AEU, Australian Principals Association (Primary and Secondary), Catholic Education Commission, Independent Schools Association, Australian Council of State School Organisations, Grattan Institute, University of Melbourne Laureate Professor John Hattie Director Melbourne Education Research Institute, Save our Schools.

Committee to which bill is to be referred:

Education and Employment Legislation

Possible hearing date(s):

15-19 May 2017, 5-9 June 2017

Possible reporting date:

14 June 2017

(signed)

Senator Rachel Siewert

APPENDIX 4

Proposal to refer a bill to a committee:

Name of bill:

Crimes Legislation Amendment (Powers, Offences and Other Measures Bill) 2017

Reasons for referral/principal issues for consideration:

This is an omnibus bill which contains a range of measures relating to Commonwealth criminal justice arrangements. The Bill would create new offences, increase penalties for certain offences, expand access to personal information and alter the procedural protections for Aboriginal and Torres Strait Islanders in the Crimes Act.

Given the complexity of these areas and the capacity for this Bill to significantly affect individuals' rights and freedoms, it would be appropriate to refer the Bill to committee for careful consideration.

Possible submissions or evidence from:

The Aboriginal Legal Service, the Australian Federal Police, the Australian Federal Police Association, the Attorney-General's Department, Law Council of Australia, State and Territory Bar Associations, Law Institute of Victoria, Legal Aid, the New South Wales Law Enforcement Conduct Commission, and the Media, Entertainment and Arts Alliance.

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

to be determined by the committee

Possible reporting date:

8 August 2017

(signed)

Senator Anne Urquart

APPENDIX 5

Proposal to refer a bill to a committee:

Name of bill:

Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017

Reasons for referral/principal issues for consideration:

Amends legislation which is culturally sensitive

Impacts of increased penalties and disclosure of potentially sensitive information

Possible submissions or evidence from:

ATSI groups, civil liberties groups

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

Possible reporting date:

(signed)

Senator Rachel Siewert

APPENDIX 6

Proposal to refer a bill to a committee:

Name of bill:

Higher Education Support Legislative Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017

Reasons for referral/principal issues for consideration:

The Bill underpins the provision of taxpayer funding for higher education

Proposed amendments implement the Government's commitment to higher education reform to ensure the system remains accessible, affordable, high quality and fair for students and transparent, sustainable and accountable for taxpayers and providers.

Higher education reform has been the subject of numerous reviews since 2014, including by the Senate Education and Employment committees and the Senate Scrutiny of Government Budget Measures committee.

Universities have called for certainty following years of deferred implementation of Budget measures and legislative arrangements. Implementation of these proposed higher education reforms will commence from 1 January 2018.

Possible submissions or evidence from:

Universities and their peak and sub-peak groups, industry organisations, students and institutes

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s):

5-6 June 2017

Possible reporting date:

By 16 June 2017

(signed)

Senator Mitch Fifield

APPENDIX 7

Proposal to refer a bill to a committee:

Name of bill:

Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education) Bill 2017

Reasons for referral/principal issues for consideration:

Analyse the substantial cuts to higher education $3.8 billion

Impact on students

Impact on universities

Reflect and analyse the impact of significant program changes

Possible submissions or evidence from:

Universities

Student Groups

Academics

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

8 August 2017

(signed)

Senator Anne Urquart

APPENDIX 8

Proposal to refer a bill to a committee:

Name of bill:

Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education) Bill 2017

Reasons for referral/principal issues for consideration:

To analyse the impact of the legislation on students and universities.

Possible submissions or evidence from:

NTEU, Universities Australia, Regional Universities Australia, Council of Australian Postgraduate Associations, Group of Eight.

Committee to which bill is to be referred:

Education and Employment Legislation

Possible hearing date(s):

July

Possible reporting date:

9th August 2017

(signed)

Senator Rachel Siewert

APPENDIX 9

Proposal to refer a bill to a committee:

Name of bill:

Prime Minister andCabinet Legislation Amendment (2017 Measures No 1) Bill 2017

Reasons for referral/principal issues for consideration:

The legislation has complex implications for a range of portfolio agencies in Indigenous Affairs that necessitates consultative processes to ensure unintended consequences.

Possible submissions or evidence from:

Indigenous Land Corporation, Indigenous Business Australia, Dept of PM&C, Indigenous Community Housing Organisations, Attorney Generals' Department

Committee to which bill is to be referred:

Senate Finance and Public Administration Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

20 June 2017

(signed)

Senator Anne Urquart

I move:

That the report be adopted.

Katy Gallagher (ACT, Australian Labor Party) Share this | Link to this | Hansard source

I think that an amendment to the motion of Senator Smith on the Selection of Bills report amendment has been circulated in the chamber. I move:

That in respect of:

(a) the Australian Education Amendment Bill 2017, omit "9 August 2017", substitute "14 June 2017"; and

(b) the Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017, omit "9 August 2017", substitute "16 June 2017".

The opposition is moving two amendments to this report to ensure that the two education bills which deliver the government's latest policy announcements on funding for schools and higher education receive the appropriate scrutiny by Senate inquiries.

The two bills are the Australian Education Amendment Bill 2017 and the Higher Education Support Legislation Amendment (A More Sustainable Responsive and Transparent Higher Education System) Bill 2017. The schools package is a large and complex arrangement which covers all schools in Australia. The funding agreements the Commonwealth has released are only for the Commonwealth. States will be required to have to look at the arrangements and make their own commitments. At this stage, state governments have not been provided detail about funding in this complicated package.

There is also a COAG meeting scheduled in June to discuss the school funding issue, bearing in mind this meeting has been delayed several times. The only information available to stakeholders and parents is a website which outlines funding arrangements based on the government's new policy.

There needs to be sufficient time to assess the impact of these measures across the system. Committee meetings across the winter break will ensure that all parents, teachers and stakeholders can have their say. It will also ensure that states and territories are not blindsided by a rushed legislative package from the Commonwealth.

The higher education bill contains the government's latest higher education reform package, which represents a wholesale cut to universities and an impost on students. The nature of this package is also complex. There are $3.8 billion in cuts. Students have to pay more and faster, and a significant amount of analysis needs to be done. This includes measuring the impact of how repayment changes for HELP impact young Australians, especially at a time when they are entering the workforce, trying to save for a house and start a family.

The package also flags around $500 million a year, or 7.5 per cent of the Commonwealth grants to universities, being pulled for performance funding. It is unclear how this will work. Universities are concerned about the implementation of this with its potential to be a 7.5 per cent cut. Further, the impact of the efficiency dividend and changes to postgraduate courses will have a significant impact on Australia's nearly 900,000 domestic university students.

We believe greater scrutiny is required, and this is required through a considered committee inquiry. The government has had a year to devise this package. We believe the sector should have more than four weeks to allow the Senate to analyse it. So, in terms of our amendments, we would seek that both of those bills were referred to the education and employment legislation committee for a reporting date of 9 August to allow those proper consultations and scrutiny to occur.

Mitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I seek leave to move amendments to Senator Gallagher's proposed amendments.

Leave granted.

I move:

That in respect of:

(a) the Australian Education Amendment Bill 2017, omit "9 August 2017", substitute "14 June 2017"; and

(b) the Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017, omit "9 August 2017", substitute "16 June 2017".

I will not delay the chamber other than to say that the government believes that a month is a good and reasonable amount of time to give consideration to these packages of legislation. There has been, and will be, a high degree of scrutiny and interest in the various forums of the Senate. We expect that those will be fully deployed by colleagues in this place and that the time frame available is reasonable to do that.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I rise to speak to the amendment originally moved by Senator Gallagher. I think it is a good compromise. A 9 August reporting date for both of these bills does give a substantial amount of time to look at the consequences. I want to be clear: I do know that there are some people and voices out there wanting certainty about what their funding models and funding packages will look like. And we have heard that.

Weighing up those concerns and the ability for the Senate to inquire properly, I am glad that the Greens and the Labor Party have been able to get to a consistent position of a reporting date of 9 August.

Nick Xenophon (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

Madam Deputy President, could I get your guidance? I ask that questions 1 and 2 be put separately.

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

Yes. So you are suggesting that I put (a) as the first question and then (b) on the motion that Senator Fifield has just passed.

Nick Xenophon (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

Has just moved—yes.

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

The question is that the amendment moved by Senator Fifield to Senator Gallagher's original amendment, which reads '(a) the Australian Education Amendment Bill 2017, omit "9 August 2017", substitute "14 June2017"', be agreed to.

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

The question is that amendment (b), as moved by Senator Fifield to Senator Gallagher's amendment, be agreed to.

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

The question is that Senator Gallagher's amendment as amended be agreed to.

Question agreed to.

The question now is that the Selection of Bills Committee report as amended be agreed to.

Question agreed to.