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

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023; and

Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023.

I also table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

BANKRUPTY AMENDMENT BILL

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2023 SPRING SITTINGS

Purpose of the Bill

The bill will prospectively and retrospectively amend the Bankruptcy Act 1966 (Bankruptcy Act)to clarify that a statement of affairs filed with the Official Receiver between 1992 and present day will be taken as filed when it is accepted by the Official Receiver.

Pursuant to section 149 of the Bankruptcy Act, the automatic discharge of a bankruptcy is three years and one day after a statement of affairs is filed with the Official Receiver. The Australian Financial Securities Authority and its predecessors have been treating filed as the date that the statement of affairs is accepted and endorsed by the Official Receiver. However, an alternate interpretation is that discharge should occur three years after a statement of affairs is submitted to the Official Receiver, rather than when it is accepted. This has caused legal uncertainty for those engaging in the bankruptcy system over this period of time.

Reasons for Urgency

Passage of the bill in the 2023 Spring sittings is required to ensure legislative clarity for bankruptcies administered since 1992 when the automatic discharge date was amended to be calculated from three years from the filing of a statement of affairs.

To maintain the integrity of the personal insolvency system, it is imperative that action is taken to correct this issue and provide clarity and legal certainty by 7 December 2023.

(Circulated by authority of the Attorney-General)

CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS NO. 2) BILL 2023

STATEMENT OF REASONS FOR INTRODCUTION AND PASSAGE     IN THE 2023 SPRING SITTING

Purpose of the Bill

The bill will retrospectively confirm the validity of all things done in reliance on, or in relation to, an authorisation given or a determination made by the Australian Criminal Intelligence Commission (ACIC) Board to authorise a special ACIC operation or special ACIC investigation on or after 4 September 2013.

The bill will also make a number of amendments to crime-related provisions in commonwealth legislation to update, improve and clarify the intended operation of these provisions and improve criminal justice legislation and processes.

Reasons for Urgency

The Australian Crime Commission Amendment (Special Operations and Special Investigations Act 2022 amended the Australian Crime Commissions Act 2002 (ACC Act) to provide certainty with respect to the ACIC Board's powers to authorise special ACIC operations and special ACIC investigations. Amendments to the ACC Act are required to provide additional clarity by providing that any actions or things done in reliance on authorisations or determinations made by the Board on after 4 September 2013 are also valid.

(Circulated by authority of the Attorney-General)

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023; and

Social Security and Other Legislation Amendment (Supporting the Transition to Work) Bill 2023.

I also table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

HEALTH INSURANCE AMENDMENT (PROFESSIONAL SERVICES REVIEW SCHEME NO. 2) BILL

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2023 SPRING SITTINGS

Purpose of the Bill

The purpose of the Bill is to amend the Health Insurance Act 1973 to enable the Professional Services Review (PSR) to more effectively review inappropriate practice, thus improving the operations of the PSR and, in turn, supporting the integrity and ongoing sustainability of the Medicare system.

Reasons for Urgency

The Bill contains measures to support the integrity and sustainability of the Medicare system by addressing issues and ambiguities in the legislation relation to the PSR.

This Bill will align requirements for qualifications of PSR Committee members with the legislative definition of inappropriate practice and clarify how these requirements should be applied. This will ensure that PSR Committees can be established for a practitioner with an unusual mix of specialties where there are few exact peers or where the practitioner is providing services in a different field from their formal specialist qualifications.

Passage is required by the end of the 2023 Spring sittings to ensure the PSR can validly refer practitioners to PSR Committees for investigation before cases reach the end of their statutory timeframe.

(Circulated by authority of the Minister for Health and Aged Care)

SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (SUPPORTING THE TRANSITION TO WORK) BILL 2023

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE     IN THE 2023 SPRING SITTINGS

Purpose of the Bill

The Bill will amend the social security law to strengthen support for the transition to employment for income support recipients, including working age payments and the Age Pension. This is consistent with the Government's commitment to supporting people to move into employment, while continuing to provide a strong, sustainable and fair social safety net.

Reasons for Urgency

Passage of the bill in the 2023 Spring sittings is required because the Bill will extend the temporary enhancements to the Pension Work Bonus, which currently terminate on    .31 December 2023. The Work Bonus provides financial incentives to pensioners over Age Pension age to participate in paid employment.

(Circulated by authority of the Minister for Social Services)