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 paragraph (5) to (8) of standing order 111 not apply to eight bills as set out in the list available on the Dynamic Red, allowing them to be considered during this period of sittings.

I 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 document s read as follows—

ONLINE SAFETY AMENDMENT (SOCIAL MEDIA MINIMUM AGE) AMENDMENT BILL

Purpose of the Bill

The Bill introduces an obligation on social media services to enforce a minimum age for access to their platforms. A Commonwealth-led approach to this important social issue will ensure Australian children are better protected from online harms and parents and carers are supported.

Reasons for Urgency

Passage of the Bill will enable the implementation phase of the legislation to commence that will give effect to the law that will help protect Australian children from online harms caused by access to inappropriate or harmful content on social media which causes mental, psychological, social and real-world physical harms.

This Bill is necessary as a matter of urgency to introduce legislation this year to place the onus on the platforms that deliver these services to prevent Australian children from accessing their services..

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SURVEILLANCE LEGISLATION (CONFIRMATION OF APPLICATION) BILL

Purpose of the Bill

Declare that material collected under the Operation Ironside warrants was not obtained by intercepting a communication, and was lawfully obtained under the warrants set out in the Bill.

Reasons for Urgency

Passage of the Bill in the 2024 Spring sitting may be required to overcome any uncertainty that may result from a potential High Court decision.

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MIGRATION AMENDMENT (PROHIBITING ITEMS IN IMMIGRATION DETENTION FACILITIES) BILL 2024

Purpose of the Bill

The Bill will amend the Migration Act 1958 (Migration Act) to broaden the search and seizure powers of authorised officers to include searching for, screening and seizing 'prohibited things'. Currently, search and seizure powers are limited to weapons, escape aids and evidence which may be relevant to grounds for cancelling a visa. The Bill would provide the Minister the power to determine that certain things are 'prohibited things' in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility), if the Minister is satisfied that possession or use of it might be a risk to the health, safety or security of persons in the facility, or to the order of the facility ("immigration detention facility risk"). Prohibited things will be determined by the Minister in a disallowable legislative instruments and could include items that are either unlawful to possess under Australian laws or lawful to possess. The Bill includes other amendments to strengthen and clarify existing search and seizure powers.

Reasons for Urgency

The current day detention population predominantly comprises immigration detainees with serious criminal histories. These convicted criminals seek to continue their criminal behaviour in immigration detention, which has led to an increasing number of events that threaten the health, safety and security of staff and other detainees, as well as visitors. These events have included harassment, intimidation, threats of violence and actual violence, often fuelled by alcohol and illicit substances. There have been incidents of criminals in detention facilities using encrypted messaging services to run drug trafficking and other organised crime activities.

These behaviours cause harm not just to people in detention facilities but to the broader Australian community.

The Commonwealth has a duty of care for the safety and security of immigration detainees and people in immigration detention facilities and for maintaining the good order of these facilities. Passage of the Bill in the 2024 Spring sittings is required to ensure the Commonwealth is provided with reasonable, proportionate and essential powers to ensure the safety and wellbeing of all people in immigration detention facilities, and enable better management of immigration detention facility risks.

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AGED CARE (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL

Purpose of the Bill

The purpose of the Aged Care (Consequential and Transitional Provisions) Bill is to make necessary consequential amendments and establish transitional arrangements to enable the aged care system to transition smoothly from the Aged Care Act 1997 and other existing legislation to the new Aged Care legislative framework.

Reasons for Urgency

If the legislation is not passed in the 2024 Spring sitting period, the consequential amendments and transitional arrangements necessary to support the operation of the new Aged Care Act, and implement priority reforms of the Government, may not be able to commence on 1 July 2025. This will delay the implementation of recommendations of the Royal Commission and other priority reforms which are designed to reform the sector and protect older Australians from mistreatment, neglect and harm.

The Bill is necessary to support the Aged Care Bill to respond to recommendations of the Royal Commission and government election commitments and budget measures.

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MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME AMENDMENT BILL

Purpose of the Bill

This Bill amends the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 to ensure midwives have professional indemnity insurance (PII) coverage, enabling them to provide safe, insured low-risk homebirth services and intrapartum care outside a hospital while simultaneously ensuring essential support for Birthing on Country (BoC) models. This addresses a critical market failure, guaranteeing women's right to choose their preferred birth setting and expanding access to culturally safe maternity care options for First Nations communities.

Reasons for Urgency

The current exemption within the Health Practitioner Regulation National Law allowing midwives to practice homebirth without PII expires on 30 June 2025. Without insurance coverage in place, midwives cannot legally offer these services, severely restricting women's birth choices and the services a midwife can provide. This also leaves an essential legal gap unresolved, putting both families and midwives at risk.

Furthermore, the lack of PII directly threatens the viability of BoC models, hindering progress towards Closing the Gap targets for First Nations' health outcomes. BoC services are proven to improve birth outcomes for First Nations mothers and babies. Urgent passage of this bill is crucial to safeguard the continuity and expansion of these invaluable, culturally safe programs.

A recent tender process confirmed that no private insurer will cover low-risk homebirths and intrapartum care outside of hospitals without significant government intervention. This highlights a clear market failure that only legislation and government support can address. Delaying action would deny women their fundamental right to choose their preferred birth setting and the type of care they receive. International evidence supports the safety and positive outcomes of low-risk homebirths when midwives are appropriately supported.

Timely passage within the same sittings period are essential. This ensures sufficient time for insurers to adapt their policies prior to the 1 July 2025 commencement date and avoids any potential service disruption. By addressing these urgent needs, we can ensure continued access to safe, women-centred maternity care options and support the critical work of Birthing on Country services.

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

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COMMONWEALTH ENTITIES (PAYMENT SURCHARGES) BILL 2024

COMMONWEALTH ENTITIES (PAYMENT SURCHARGES) TAX (IMPOSITION) BILL 2024

COMMONWEALTH ENTITIES (PAYMENT SURCHARGES) (CONSEQUENTIAL PROVISIONS AND OTHER MATTERS) BILL 2024

Purpose of the Bills

The purpose of the bills is to formalise and modernise longstanding Commonwealth practice by providing express legislative authority for Commonwealth entities to continue to charge and collect payment surcharges where the entity has the legislative authority to collect a payment.

Reasons for Urgency

Introduction and passage of the bills in the 2024 Spring sittings is needed to provide legislative authority for payment surcharges being collected across the Commonwealth.