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Hansard
- Start of Business
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PETITIONS
- Proposed Sale of Trans-Australia Airlines
- Excise on Beer
- Funding of Children's Services
- Toxic Shock Syndrome
- Plant Breeders' Rights
- Privacy and Personal Information
- Unemployment Benefit
- Discriminatory Legislation
- Health Insurance
- Hospital Funding Arrangements
- Labelling of Cosmetics
- Service Pensions
- Use of Live Animals in Research
- Moreton Island: Sand Mining
- Broadcasting and Television Act
- Soviet Passenger Cruise Vessels
- Trade Unions
- Australian Broadcasting Commission: Melbourne Showband
- Funding of Children's Services
- Procedural Text
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QUESTIONS WITHOUT NOTICE
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HEALTH FUNDING
(Dr BLEWETT, Mr MacKELLAR) -
AIR SERVICES BETWEEN AUSTRALIA AND UNITED KINGDOM
(Mr JULL, Mr HUNT) -
HEALTH FUNDING
(Mrs CHILD, Mr MacKELLAR) -
AUSTRALIAN ACCOMMODATION AND TOURS
(Mr WHITE, Mr HUNT) -
HEALTH FUNDING
(Dr EVERINGHAM, Mr MacKELLAR) -
AGE AND SERVICE PENSIONS
(Mr GOODLUCK, Mr MALCOLM FRASER) -
HEALTH FUNDING
(Mr HUMPHREYS, Mr MALCOLM FRASER) -
MIDDLE EAST
(Mr DOBIE, Mr STREET)
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HEALTH FUNDING
- DISALLOWED QUESTION
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QUESTIONS WITHOUT NOTICE
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BANKING
(Mr IAN CAMERON, Mr HOWARD) -
FOREIGN INVESTMENT
(Mr HAYDEN, Mr HOWARD) -
TRANS-AUSTRALIA AIRLINES
(Mr EWEN CAMERON, Mr HUNT) -
MONEY SUPPLY: EXCHANGE RATE
(Mr KEATING, Mr HOWARD) -
AUSTRALIAN WOOL TESTING AUTHORITY
(Mr BUNGEY, Mr NIXON) -
MIDDLE EAST PEACEKEEPING FORCE
(Mr LIONEL BOWEN, Mr MALCOLM FRASER) -
SALE OF WHEAT
(Mr MacKENZIE, Mr NIXON) -
ALUMINIUM PRICES
(Mr HOWE, Mr MOORE) -
BROADCASTING AND TELEVISION REVIEW
(Mr ROBERT BROWN, Mr SINCLAIR) -
TELEVISION TRANSLATORS
(Mr TUCKEY, Mr SINCLAIR) -
MIDDLE EAST PEACEKEEPING FORCE
(Mr HAYDEN, Mr MALCOLM FRASER)
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BANKING
- LIMMEN BIGHT ABORIGINAL LAND CLAIM
- COMMITTEE OF INQUIRY INTO EDUCATION AND TRAINING
- ALTERNATIVE DELIVERY SYSTEMS FOR COMMONWEALTH PUBLIC WORKS
- BILLS RETURNED FROM THE SENATE
- HOSPITAL FUNDING
- Procedural Text
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COMPANIES BILL 1981
- Second Reading
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In Committee
- Mr JOHN BROWN
- Mr JACOBI
- Mr MOORE
- Mr MOUNTFORD
- Mr JOHN BROWN
- Mr JACOBI
- Mr SPENDER
- Mr MOUNTFORD
- Mr JOHN BROWN
- Mr MOORE
- Mr JOHN BROWN
- Mr MOUNTFORD
- Mr SPENDER
- Mr JOHN BROWN
- Mr SPENDER
- Mr MOUNTFORD
- Mr JACOBI
- Mr JOHN BROWN
- Mr MOORE
- Mr JOHN BROWN
- Mr JOHN BROWN
- Mr JOHN BROWN
- Mr MOORE
- Mr JACOBI
- Mr JACOBI
- Mr JACOBI
- Mr MOORE
- Mr JOHN BROWN
- Mr MOORE
- Mr JACOBI
- Mr JOHN BROWN
- Mr MOORE
- Mr JACOBI
- Mr MOORE
- Mr JACOBI
- Mr JOHN BROWN
- Mr MOORE
- Mr JOHN BROWN
- Mr MOUNTFORD
- Mr MOORE
- Mr JACOBI
- Mr JOHN BROWN
- Mr JACOBI
- Mr JOHN BROWN
- Mrs CHILD
- Mr JACOBI
- Mr MOUNTFORD
- Mr MOORE
- Mr JOHN BROWN
- Mr JACOBI
- Mr MOORE
- Mr JACOBI
- Mr MOORE
- Third Reading
- COMPANIES (FEES) BILL 1981
- COMPANIES (TRANSITIONAL PROVISIONS) BILL 1981
- COMPANIES (MISCELLANEOUS AMENDMENTS) BILL 1981
- CROWN DEBTS (PRIORITY) BILL 1981
- COMPANIES (ACQUISITION OF SHARES) AMENDMENT BILL (No. 2) 1981
- COMPANIES (ACQUISITION OF SHARES-FEES) AMENDMENT BILL 1981
- SECURITIES INDUSTRY AMENDMENT BILL (No. 2) 1981
- SECURITIES INDUSTRY (FEES) AMENDMENT BILL 1981
- COMPANIES AND SECURITIES (INTERPRETATION AND MISCELLANEOUS PROVISIONS) AMENDMENT BILL (No. 2) 1981
- ADJOURNMENT
- NOTICES
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ANSWERS TO QUESTIONS
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Social Security Appeals
(Mr Holding, Mr Viner) -
Assistance to Inventors Scheme
(Mr Les Johnson, Mr Thomson) -
Welfare Expenditure in Australian Capital Territory
(Dr Everingham, Mr Hodgman) -
Australian Capital Territory House of Assembly
(Mr Scholes, Mr Hodgman) -
Australian Federal Police
(Dr Klugman, Mr Newman) -
National Aviation Museum
(Mr Les Johnson, Mr Wilson) -
Rosemount Repatriation Hospital
(Dr Everingham, Mr Thomson) -
Historic Aircraft
(Mr Les Johnson, Mr Wilson) -
Mining Equipment
(Mr Jacobi, Sir Phillip Lynch) -
Committee of Privileges Report
(Mr Jacobi, Mr Sinclair) -
Committee of Privileges Report
(Mr Jacobi, Mr Sinclair) -
Alternative Fuel Technologies
(Mr Jacobi, Mr Anthony) -
Vietnam Veterans
(Mr Holding, Mr Thomson) -
Post Offices
(Mr Free, Mr Sinclair) -
Small Business Bankruptcies
(Mr Free, Mr Moore) -
STD and ISD Telephone Services
(Mr Beazley, Mr Sinclair) -
Proposed Racing Circuit
(Mr Holding, Mr Hodgman) -
Carlton Football Club-Tax Investigation
(Dr Everingham, Mr Malcolm Fraser) -
Social Welfare Supplementary Assistance
(Mrs Darling, Mr Hunt) -
Institute of Health Epidemiological Study
(Mr Holding, Mr MacKellar) -
Television Services for the Hearing Impaired
(Mr Humphreys, Mr Malcolm Fraser) -
Funding for Development of Medical Aids and Equipment
(Mrs Kelly, Mr Hodgman) -
Land Auctions in the Australian Capital Territory
(Mrs Kelly, Mr Hodgman) -
Noise Pollution in the Australian Capital Territory
(Mrs Kelly, Mr Hodgman) -
Petrol Price in Canberra
(Mrs Kelly, Mr Hodgman) -
2,4,5-T, 2,4-D: Vietnam Veterans
(Mrs Darling, Mr Thomson) -
Alumina Refinery at Wagerup, Western Australia
(Mr Howe, Mr Anthony) -
Department of Industry and Commerce: Television Advertising
(Mr Mountford, Sir Phillip Lynch) -
Department of Employment and Youth Affairs: Television Advertising
(Mr Mountford, Mr N. A. Brown) -
Department of the Capital Territory: Television Advertising
(Mr Mountford, Mr Hodgman) -
Re-alignment of the Cotter Road, Canberra
(Mr Porter, Mr Hodgman) -
Appointments to Statutory Authorities under the Minister for Trade and Resources
(Mr Les McMahon, Mr Anthony) -
Appointment to Statutory Authorities under the Minister for Employment and Youth Affairs
(Mr Les McMahon, Mr N. A. Brown) -
Women Veterans: Dependant's Allowance
(Mr Milton, Mr Thomson) -
Australian Capital Territory: Housing
(Mrs Kelly, Mr Hodgman) -
Nomad Aircraft Program
(Mr Hurford, Sir Phillip Lynch) -
Underspending of Estimates: Department of Finance
(Mrs Darling, Mr Howard) -
Age Pension Means Test
(Mrs Darling, Mr Hunt) -
South African Military Intervention in Angola
(Mr Howe, Mr Street) -
Broadcasting of Electoral Speeches and Advertisements
(Mr Lloyd, Mr Sinclair) -
Australian Cerebral Palsy Association
(Mrs Darling, Mr Hunt) -
Recruitment through Private Employment Agencies: Department of Science and Technology
(Mr Bungey, Mr Thomson) -
Recruitment through Private Employment Agencies: Department of Veterans' Affairs
(Mr Bungey, Mr Thomson) -
Industrial Action: Department of National Development and Energy
(Mr Bungey, Mr Anthony) -
Engagement by Officers in Outside Employment: Department of Science and Technology
(Mr Bungey, Mr Thomson) -
Overseas Travel: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Overseas Travel: Department of Social Security
(Mr Bungey, Mr Hunt) -
Overseas Travel: Department of Science and Technology
(Mr Bungey, Mr Thomson) -
Air Travel in Australia: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Air Travel in Australia: Department of Science and Technology
(Mr Bungey, Mr Thomson) -
Head Office: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Head Office: Department of Social Security
(Mr Bungey, Mr Hunt) -
Head Office: Department of Business and Consumer Affairs
(Mr Bungey, Mr Moore) -
Home Telephone Rentals: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Recycling of Paper: Department of Communications
(Mr Bungey, Mr Sinclair) -
Tea Services: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Radio Australia Transmitter at Carnarvon, Western Australia
(Mr Bungey, Mr Sinclair) -
Australian Wool Harvesting Program
(Mr Bungey, Mr Nixon) -
Age Pensions: Means Test
(Mr Bungey, Mr Hunt) -
Fire Extinguishers
(Mr Bungey, Mr Thomson) -
Hazardous Chemicals
(Mr Bungey, Mr Newman) -
Hazardous Chemicals
(Mr Bungey, Mr Newman) -
Fire Extinguishers
(Mr Bungey, Mr Newman) -
Australian Federal Police Force: Use of Drug Addicted Dogs
(Mr Bungey, Mr Newman) -
Passports: Prosecutions
(Mr Bungey, Mr Newman) -
Fire Protection
(Mr Bungey, Mr Newman) -
Importation of Vehicles at Reduced Rates of Duty
(Mr Bungey, Mr Moore) -
National Capital Development Commission
(Mr Bungey, Mr Hodgman) -
Goodwin Homes Association
(Mr Bungey, Mr Hodgman) -
Australian Capital Territory Bushfire Council: Hire of Helicopters
(Mr Bungey, Mr Hodgman) -
Jobless Action
(Mr Bungey, Mr Hodgman) -
Lease of Homestead to Riding for the Disabled
(Mr Bungey, Mr Hodgman) -
Annual Report of the Australian Capital Territory Bush Fire Council
(Mr Bungey, Mr Hodgman) -
Australian Capital Territory Emergency Housekeeper Service
(Mr Bungey, Mr Hodgman) -
Tuggeranong Family Action
(Mr Bungey, Mr Hodgman) -
Civil Rehabilitation Committee
(Mr Bungey, Mr Hodgman) -
Marymead Children's Centre
(Mr Bungey, Mr Hodgman) -
Handicapped Citizens Association of the Australian Capital Territory
(Mr Bungey, Mr Hodgman) -
Australian Capital Territory Council of Social Service
(Mr Bungey, Mr Hodgman) -
Visits to Australian Capital Territory Forests
(Mr Bungey, Mr Hodgman) -
Cycle Paths
(Mr Bungey, Mr Hodgman) -
National Conference Towards an Australian Family Policy
(Mr Bungey, Mr Hodgman) -
High Court Building
(Mr Bungey, Mr Hodgman) -
Australian Capital Territory Forestry Activities
(Mr Bungey, Mr Hodgman) -
Purchase of Blankets for the Department of Veterans' Affairs
(Mr Bungey, Mr Thomson) -
Applied Ecology Pty Ltd: Turtle Seminar
(Mr Bungey, Mr Wilson) -
Telephone Calls by Staff: Department of the Prime Minister and Cabinet
(Mr Bungey, Mr Malcolm Fraser) -
Telephone Calls by Staff: Department of Science and Technology
(Mr Bungey, Mr Thomson) -
Sickness Benefit
(Mr Humphreys, Mr Hunt) - Procedural Text
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Coastal Surveillance: Expenditure by Department of Transport
(Mr Morrison, Mr Hunt) -
Department of Transport: Functions
(Mr McLean, Mr Hunt) -
Australian Taxation Office: Reported Break-in
(Mr Willis, Mr Malcolm Fraser) -
Nugan Hand Bank
(Mr Willis, Mr Newman) -
Disaster Relief
(Mrs Darling, Mr Malcolm Fraser) -
Uranium Resources at Nabarlek
(Mr Uren, Mr Anthony) -
Taxation Levels
(Mr Willis, Mr Malcolm Fraser) -
Bushfires: Use of Water-bombers
(Mr Les Johnson, Mr Hunt)
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Social Security Appeals
Page: 2348
Mrs CHILD(9.53)
—Yes, I second the amendment. I do so very strongly. I think that the plight of the employee when the firm by which he is employed goes broke is pretty deplorable. Recently several firms in Melbourne, particularly manufacturing firms, have collapsed and a receiver has been appointed. In each case several hundred employees were immediately out of work, and with little warning. I will return to that aspect later. However, their plight is even worse than that of persons who are sacked or rendered redundant because in those cases people at least receive payment for the weeks they have worked, plus a week's notice with pay. Those men and women who have given their services and fulfilled their contracts with the firm concerned not only did not receive the pay that they were waiting for, which was probably needed to pay the rent and buy groceries, but also did not receive a week's notice pay, long service leave pro rata payments and holiday pay. The employees are way down the line as regards the priorities list.
What happens when a firm goes broke, firstly, is that the secured creditors receive first call on the available finance followed closely by the Taxation Office, which we all seem to have a bogy about. It collects the accumulated pay-as-you-earn instalments. In the cases which I outlined this amounted to thousands of dollars. Another matter that I would like to know is why does the Taxation Office allow firms that are getting a bit rocky to owe it such tremendous amounts of money? In fact, in their final gasp, those firms are trying to float on employees' deductions. Then the companies go broke, that money goes too. The Taxation Office takes another bite in claiming tax on the undistributed dividends and then a third bite on tax on interest remitted overseas.
Then the unsecured creditors are entitled to receive their share. We still have not reached the employees because nine categories of unsecured creditors come first. The workers run fifth. I find it quite unacceptable that unsecured creditors are placed ahead of employees on the list because unsecured creditors become involved after the winding up of a company. The employee was owed the money before the receiver came in. These debts were incurred after the winding up and the receiver was brought in, but the unsecured creditors still get paid before the debtors with whom the firm incurred liability before it became insolvent. If it were a horse race the workers certainly would run unplaced.
The Crown must abrogate all Crown priorities in insolvency cases in line with the amendment which has been moved by the Opposition. As my colleague the honourable member for Parramatta (Mr John Brown) has pointed out, the Taxation Office certainly has plenty of other ways in which it can recoup its money. The employee cannot. I take the point which was made about the registered mortgage being applied against assets, but I again point out that the worker has invested his or her labour and I believe that his or her security is of prime importance no matter what is happening within the firm. If a person works for money it has become his or her money. Most firms know that they are going bankrupt while the employees are still working for them. It is quite immoral for firms to keep employees working when the management knows that they will not be paid at the end of that month, fortnight, or whenever the final crash comes. The rights of the worker in regard to payment for services given should receive the first protection. All wages and compensation payments to employees must be given priority over all other creditors. Maybe we need to have a reclassification of employees to place them in the first group, which is the secured creditors. I think that is where the employees belong.
I cannot say too strongly that the Opposition believes that we have a moral and legal right to protect the wages of those who work. We were disappointed that the Government accepted the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs in regard to Crown priorities. The Government did not go into a huddle with the States to get the States to agree that the Taxation Office should get out of the way and let the secured creditors and the workers take their bites before it received its share. In one of the cases which I referred to, something like $170,000 is owing to the Taxation Office. I think that the Department will have to waive that money because it should never have let the debt get to that extraordinary amount. It is important to realise that the employee has no other recourse for reimbursement. If he cannot get paid out of the funds, that is it. He cannot go to the man to whom he owes the rent or the person to whom he is paying the mortgage on his house and say: 'I worked for a month but I did not get paid'. Nobody will let him off the hook for what he owes. I urge the Government to accept this amendment which is on behalf of the workers. The Government and the Opposition in this place represent the people of Australia who are the workers.