Tammy Tyrrell (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

by leave—I move Jacqui Lambie Network amendments (1) and (2) to the National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023 on sheet 2113 together:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Page 3 (after line 7), at the end of the Bill, add:

Schedule 2 — Amendment of the Asbestos Safety and Eradication Agency Act 2013

Part 1 — Main amendments

Asbestos Safety and Eradication Agency Act 2013

1 Title

Omit "Asbestos", substitute "Asbestos and Silica".

2 Section 1

Omit "Asbestos Safety and Eradication Agency Act 2013", substitute "Asbestos and Silica Safety and Eradication Agency Act 2013".

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3 Section 2A

Repeal the section, substitute:

2A Object of this Act

The object of this Act is to establish the Asbestos and Silica Safety and Eradication Agency to lead coordinated and national action to eliminate asbestos-related diseases and silica-related diseases in Australia by:

(a) fostering collaboration between:

(i) persons and bodies involved in the regulation, management and control of asbestos safety and silica safety; and

(ii) persons and bodies involved in dealing with issues related to asbestos-related diseases and silica-related diseases; and

(b) supporting and monitoring the implementation of the National Strategic Plans by the Commonwealth and State, Territory and local governments; and

(c) promoting national consistency in relation to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases; and

(d) improving the state of knowledge and awareness of issues relating to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases.

4 Section 3 (definition of Agency )

Repeal the definition, substitute:

Agency means the Asbestos and Silica Safety and Eradication Agency referred to in section 6.

5 Section 3

Insert:

Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6.

Asbestos and Silica Safety and Eradication Council means the Council referred to in section 28.

Asbestos National Strategic Plan has the meaning given by section 5A.

6 Section 3 (definition of Asbestos Safety and Eradication Council )

Repeal the definition.

7 Section 3 (definition of Chair )

Omit "Asbestos Safety and Eradication".

8 Section 3

Insert:

Council means the Asbestos and Silica Safety and Eradication Council.

9 Section 3 (definition of Council member )

Omit "Asbestos Safety and Eradication".

10 Section 3 (definition of National Strategic Plan )

Repeal the definition.

11 Section 3

Insert:

National Strategic Plans means the Asbestos National Strategic Plan and the Silica National Strategic Plan.

Silica National Strategic Plan has the meaning given by section 5B.

silica safety includes, but is not limited to, matters relating to awareness, education and information sharing in relation to respirable crystalline silica and products that contain silica.

12 Part 1A

Repeal the Part, substitute:

Part 1A — National Strategic Plans

5A Asbestos National Strategic Plan

(1) The Asbestos National Strategic Plan is the plan with that namethat:

(a) aims:

(i) to eliminate asbestos-related diseases in Australia by preventing exposure to asbestos fibres; and

(ii) to support workers and others who are affected by asbestos-related diseases; and

(b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:

(i) identifying asbestos and preventing exposure risks, including through prioritised safe removal and effective waste management; and

(ii) improving awareness of asbestos safety and asbestos-related diseases; and

(iii) improving research and national data in relation to asbestos safety and asbestos-related diseases; and

(iv) facilitating international collaboration in relation to asbestos safety and asbestos-related diseases; and

(v) any other relevant priorities.

Note: The Asbestos National Strategic Plan is available on the Agency's website.

(2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.

5B Silica National Strategic Plan

(1) The Silica National Strategic Plan is the plan with that name that:

(a) aims:

(i) to eliminate silica-related diseases in Australia by preventing exposure to respirable crystalline silica; and

(ii) to support workers and others who are affected by silica-related diseases; and

(b) represents a commitment to implement an agreed set of strategic actions and national targets focussing on:

(i) eliminating or minimising exposure to respirable crystalline silica in workplaces; and

(ii) improving awareness of silica safety and silica-related diseases; and

(iii) improving research and national data in relation to silica safety and silica-related diseases; and

(iv) facilitating international collaboration in relation to silica safety and silica-related diseases; and

(v) any other relevant priorities.

(2) The plan referred to in subsection (1) represents a commitment to implement an agreed set of strategic actions and national targets focussing on the priorities referred to in subparagraphs (1)(b)(i) to (v) only if the plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.

13 Part 2 (heading)

Repeal the heading, substitute:

Part 2 — Asbestos and Silica Safety and Eradication Agency

14 Section 6

Repeal the section, substitute:

6 Asbestos and Silica Safety and Eradication Agency

The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Agency is continued in existence with the new name, Asbestos and Silica Safety and Eradication Agency.

Note: See also section 25B of the Acts Interpretation Act 1901.

15 Subsection 8(1)

Repeal the subsection, substitute:

(1) The Agency has the following functions:

(a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans;

(b) to review, amend or replace, publish and promote the National Strategic Plans;

(c) to provide advice to the Minister about asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

(d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about:

(i) the development, implementation, review and amendment of the National Strategic Plans; and

(ii) asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

(e) to conduct, commission, monitor and promote research about asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

(f) to raise awareness of asbestos safety, asbestos-related diseases, silica safety and silica-related diseases, including by developing and promoting materials on asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

(g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence-based policies and strategies;

(h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos-related diseases, silica safety and silica-related diseases;

(i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth;

(j) to do anything incidental or conducive to the performance of any of the above functions.

16 Subsection 8(3)

Omit "performing it", substitute "performing its".

17 Subsection 8(3)

Omit "National Strategic Plan", substitute "National Strategic Plans".

18 After section 8

Insert:

8A Annual reports in relation to National Strategic Plans

Annual report in relation to Asbestos National Strategic Plan

(1) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.

(2) As soon as practicable after the Agency has prepared a report under subsection (1), the Agency must give a copy of the report to the following:

(a) the Minister who administers this Act;

(b) the Minister who administers the National Health Act 1953;

(c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;

(d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;

(e) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory;

(f) each State or Territory Minister who is responsible, or principally responsible, for matters relating to the protection of the environment in the State or Territory.

Annual report in relation to Silica National Strategic Plan

(3) The Agency must, before the end of 31 December in each financial year, prepare a written report relating to the progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the previous financial year. The report may also include information relating to any other matter the Agency considers relevant.

(4) As soon as practicable after the Agency has prepared a report under subsection (3), the Agency must give a copy of the report to the following:

(a) the Minister who administers this Act;

(b) the Minister who administers the National Health Act 1953;

(c) each State or Territory Minister who is responsible, or principally responsible, for matters relating to work health and safety in the State or Territory;

(d) each State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.

Annual reports must be publicly available

(5) The Agency must make each report prepared under subsection (1) or (3) publicly available.

Example: A report may be published on the Agency's website.

19 Section 12 (heading)

Omit "Asbestos Safety and Eradication".

20 Subsections 12(1), (1A) and (2)

Omit "Asbestos Safety and Eradication".

21 At the end of Division 1 of Part 3

Add:

14A CEO may obtain information

(1) This section applies to a person if:

(a) the CEO believes on reasonable grounds that the person has information that is relevant to the performance of any of the functions of the Agency referred to in paragraphs 8(1)(a), (b) and (g); and

(b) the CEO is satisfied that the information:

(i) is necessary for the performance of that function; and

(ii) is not otherwise available to the CEO.

(2) The CEO may, by written notice given to the person, request the person to give to the CEO, within the period and in the manner and form specified in the notice, any such information.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

(4) A manner specified in a notice under subsection (2) must involve the use of a service to which paragraph 51(v) of the Constitution applies.

(5) A person may comply with a request under subsection (2).

(6) Subsection (5) has effect despite anything in:

(a) a law of the Commonwealth (other than this Act); or

(b) a law of a State or Territory.

22 Subsection 23A(1)

After "functions or powers", insert "under this Act (other than section 14A which confers power on the CEO to obtain information in certain circumstances)".

23 Paragraph 24(1)(b)

Omit "Asbestos Safety and Eradication".

24 Part 5 (heading)

Repeal the heading, substitute:

Part 5 — Asbestos and Silica Safety and Eradication Council

25 Division 1 of Part 5 (heading)

Omit "Asbestos Safety and Eradication".

26 Section 28

Repeal the section, substitute:

28 Asbestos and Silica Safety and Eradication Council

The body known immediately before the commencement of this section as the Asbestos Safety and Eradication Council is continued in existence with the new name, Asbestos and Silica Safety and Eradication Council.

Note: See also section 25B of the Acts Interpretation Act 1901.

27 Section 29 (heading)

Omit "Asbestos Safety and Eradication".

28 Subsection 29(1)

Omit "Asbestos Safety and Eradication".

29 Paragraph 29(1)(b)

After "safety", insert ", asbestos-related diseases, silica safety and silica-related diseases".

30 Paragraphs 29(1)(c) and (d)

Omit "National Strategic Plan", substitute "National Strategic Plans".

31 Subsections 29(2), (2A) and (3)

Omit "Asbestos Safety and Eradication".

32 Section 30 (heading)

Omit "Asbestos Safety and Eradication".

33 Subsections 30(1) and (2)

Omit "Asbestos Safety and Eradication".

34 Subsections 30A(1), (2) and (3)

Omit "Asbestos Safety and Eradication".

35 Division 2 of Part 5 (heading)

Omit "Asbestos Safety and Eradication".

36 Section 31

Omit "Asbestos Safety and Eradication".

37 Paragraph 31(d)

Omit "1 member", substitute "2 members".

38 Paragraph 31(e)

Omit "1 member", substitute "2 members".

39 After paragraph 31(e)

Insert:

(ea) 1 member who has expertise relevant to asbestos safety, asbestos-related diseases, silica safety or silica-related diseases; and

40 Subsection 32(3)

Repeal the subsection, substitute:

(3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that:

(a) the person has knowledge or experience in one or more of the following:

(i) asbestos safety;

(ii) public health issues relating to asbestos;

(iii) asbestos-related diseases;

(iv) the representation of, or the provision of support to, persons with asbestos-related diseases and their families;

(v) silica safety;

(vi) silica-related diseases;

(vii) the representation of, or the provision of support to, persons with silica-related diseases and their families;

(viii) financial management;

(ix) corporate governance; or

(b) the person:

(i) has, or has had, an asbestos-related disease; or

(ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos-related disease; or

(iii) has, or has had, a silica-related disease; or

(iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica-related disease.

41 Paragraph 40(d)

Omit "Asbestos Safety and Eradication".

42 Division 4 of Part 5 (heading)

Omit "Asbestos Safety and Eradication".

43 Section 41 (heading)

Omit "Asbestos Safety and Eradication".

44 Subsection 41(1)

Omit "Asbestos Safety and Eradication".

45 Subsection 41A(1)

Omit "Asbestos Safety and Eradication".

46 Paragraph 41A(1)(b)

Omit "4", substitute "6".

47 Paragraph 41A(2)(a)

Omit "Asbestos Safety and Eradication".

48 Sections 41B, 41C, 41D and 41E

Omit "Asbestos Safety and Eradication" (wherever occurring).

49 Subparagraph 41F(a)(ii)

Omit "Asbestos Safety and Eradication".

50 Paragraph 41F(b)

Omit "Asbestos", substitute "Asbestos and Silica".

51 Subpar agraph 41F(e)(iii)

Omit "Asbestos Safety and Eradication".

52 Subsection 42(3)

Omit "the National Strategic Plan", substitute "either of the National Strategic Plans".

53 At the end of section 42

Add:

(4) The annual operational plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013.

54 Section 47

Repeal the section, substitute:

47 Review of the Agency's role and functions

(1) The Minister must cause a review of the Asbestos and Silica Safety and Eradication Agency's ongoing role and functions to be conducted.

(2) The review must:

(a) start 5 years after the commencement of this section; and

(b) be completed within 6 months.

(3) The Minister must cause a written report about the review to be prepared.

(4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the completion of the report.

Part 2 — Application, saving and transitional provisions

55 Definitions

In this Part:

amended Act means the Asbestos Safety and Eradication Agency Act 2013, as in force after the commencement day.

commencement day means the day this Part commences.

Silica Plan agre ement day means the day after the day the Silica National Strategic Plan has been agreed to by at least 6 of the governments of the Commonwealth and each State and Territory.

56 Functions of the Agency — Silica National Strategic Plan

Paragraphs 8(1)(a) and (b) and subsection 8(3) of the amended Act apply to the Asbestos and Silica Safety and Eradication Agency in relation to the Silica National Strategic Plan on and after the Silica Plan agreement day.

57 Functions of the Agency — annual report relating to imp lementation of Asbestos National Strategic Plan

General

(1) Subsection 8A(1) of the amended Act applies in relation to the Asbestos and Silica Safety and Eradication Agency subject to subitems (2) and (3) of this item.

First annual report after commencement day

(2) If the commencement day is before 1 September 2024, the first report prepared by the Asbestos and Silica Safety and Eradication Agency under subsection 8A(1) of the amended Act must:

(a) relate to progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the period beginning on 1 January 2024 and ending at the end of 30 June 2024; and

(b) be prepared before the end of 31 December 2024.

(3) If the commencement day is on or after 1 September 2024, the first report prepared by the Asbestos and Silica Safety and Eradication Agency under subsection 8A(1) of the amended Act must:

(a) relate to progress made by the Commonwealth and State and Territory governments in implementing the Asbestos National Strategic Plan during the period (the first reporting period) beginning on 1 January 2024 and ending at the end of the financial year that includes the commencement day; and

(b) be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

(4) Subsections 8A(2) and (5) of the amended Act apply in relation to a report prepared under subitem (2) or (3) of this item as if the report were a report prepared under subsection 8A(1) of the amended Act.

58 Functions of the Agency — annual report relating to implementation of Silica National Strategic Plan

General

(1) Subject to subitems (2), (3) and (4) of this item, subsections 8A(3) and (4) of the amended Act apply in relation to the Asbestos and Silica Safety and Eradication Agency on and after the Silica Plan agreement day.

First annual report after Silica Plan agreement day

(2) If the Silica Plan agreement day is between 1 July and 31 December in a financial year (the first financial year), the first report prepared by the Asbestos and Silica Safety and Eradication Agency under subsection 8A(3) of the amended Act must:

(a) instead of relating to the matters referred to in that subsection, include information relating to:

(i) the matters covered by the Silica National Strategic Plan; and

(ii) the activities undertaken by the Commonwealth and State and Territory governments in relation to the implementation of the Silica National Strategic Plan during the period (the first reporting period) beginning on the Silica Plan agreement day and ending at the end of the first financial year; and

(iii) any other matter the Agency considers relevant; and

(b) be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

(3) If the Silica Plan agreement day is between 1 January and 30 June in a financial year (the first financial year), the first report prepared by the Asbestos and Silica Safety and Eradication Agency under subsection 8A(3) of the amended Act must:

(a) relate to progress made by the Commonwealth and State and Territory governments in implementing the Silica National Strategic Plan during the period (the first reporting period) beginning on the Silica Plan agreement day and ending at the end of the next financial year after the first financial year; and

(b) be prepared before the end of 31 December in the financial year beginning after the end of the first reporting period.

(4) Subsections 8A(4) and (5) of the amended Act apply in relation to a report prepared under subitem (2) or (3) of this item as if the report were a report prepared under subsection 8A(3) of the amended Act.

59 CEO of the Agency

The person holding office as the CEO of the Asbestos Safety and Eradication Agency under section 15 of the Asbestos Safety and Eradication Agency Act 2013 immediately before the commencement day continues, on and after the commencement day, to hold office as the CEO of the Asbestos and Silica Safety and Eradication Agency:

(a) on the terms and conditions that applied to the person immediately before the commencement day; and

(b) for the balance of the person's term of appointment that remained immediately before the commencement day.

60 Functions of the CEO of the Agency — annual operational plan

Subsection 42(3) of the amended Act applies to the CEO of the Asbestos and Silica Safety and Eradication Agency in relation to the Silica National Strategic Plan on and after the Silica Plan agreement day.

61 Functions of the Council — Silica National Strategic Plan

Paragraphs 29(1)(c) and (d) of the amended Act apply to the Asbestos and Silica Safety and Eradication Council in relation to the Silica National Strategic Plan on and after the Silica Plan agreement day.

62 Members of the Council

A person holding office as a member of the Asbestos Safety and Eradication Council under section 32 of the Asbestos Safety and Eradication Agency Act 2013 immediately before the commencement day continues, on and after the commencement day, to hold office as a member of the Asbestos and Silica Safety and Eradication Council:

(a) on the terms and conditions that applied to the person immediately before the commencement day; and

(b) for the balance of the person's term of appointment that remained immediately before the commencement day.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government will be opposing these amendments. They are still before a Senate committee, and we look forward to dealing with them under the closing loopholes legislation that we'll be dealing with later this year or early next year.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

The opposition will also be opposing these amendments. Whilst we understand the intent of Senator Tyrrell in putting forward these particular amendments, we haven't had the opportunity to look at them. As the government has put in its comments, they are still before a committee.

Question negatived.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

by leave—I request that the Greens support for Senator Tyrrell's amendment be recorded.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

The Hansard will reflect that the Greens supported Senator Tyrrell's amendment.

Progress reported.