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Wednesday, 16 March 2016
Page: 2148


Senator Di Natale: To move:

That the Senate—

(a) notes:

   (i) the tragic drug overdoses, including loss of life, that occurred over the past summer at music festivals around the country,

   (ii) the Parliamentary Drug Summit on 2 March 2016 heard from experts in the drug and alcohol field who outlined harm reduction strategies that, if available at the time, may have prevented the overdoses and deaths,

   (iii) that as a harm-reduction intervention, drug testing is available in several European countries, and

   (iv) that drug testing has been shown to change the black market, change drug users' behaviour, enable the provision of information to drug users, capture data about substances present in the drug scene and create the potential for an early warning system;

(b) applauds the efforts of Dr Alex Wodak and Dr David Caldicott to implement a privately-funded drug testing trial at public events in New South Wales where drug use is common; and

(c) encourages the Australian Government, and state and territory governments, to work with health professionals, community organisations, event organisers and drug users to implement publicly-funded drug testing trials.

Senator McAllister: To move:

That the Senate—

(a) notes the importance of good dental health for an individual's overall health;

(b) recognises the important role of water fluoridation in promoting good dental health in our communities;

(c) condemns:

   (i) the anti-fluoridation activists who prevent the implementation of evidence-based policy such as water fluoridation, and

   (ii) the Abbott/Turnbull Governments' cuts to the historic $4.6 billion investment in public dental services made by the Gillard Labor Government; and

(d) calls for all funding to public dental services and the Child Dental Benefits scheme to be restored.

Senator Rhiannon: To move:

That the Senate—

(a) notes that:

   (i) electricity network operators in New South Wales are in the process of shedding thousands of jobs,

   (ii) in the past 12 months, Ausgrid has shed 879 jobs, Endeavour Energy 155 jobs and Essential Energy 350 regional jobs through voluntary redundancy, and further job cuts are being pursued,

   (iii) on 7 March 2016, Essential Energy filed an application with the Fair Work Commission to terminate the Essential Energy Enterprise Agreement 2013 which, if successful, will allow the company to significantly reduce workers' pay and conditions and deliver widespread forced redundancies,

   (iv) a decision by the Fair Work Commission called Aurizon Operations Limited and others [2015] FWCFB 540 (22 April 2015) set a dangerous precedent for the termination of agreements without the consent of employees or their unions, and

   (v) further job losses in New South Wales electricity distribution businesses will cause significant economic and social harm and negatively impact on the safety and security of the electricity network; and

(b) calls on the Federal Government to amend section 225 of the Fair Work Act 2009 to:

   (i) prevent an employer from applying to the Fair Work Commission to have an enterprise agreement that has passed its nominal expiry date terminated, and

   (ii) require employers and workers to undertake negotiation and conciliation and, where necessary, arbitration in the Fair Work Commission to determine a new and fair enterprise agreement.

Senator Rhiannon: To move:

That there be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, no later than 17 March 2016, the proposed draft Australian national standard on egg labelling to be considered by the Meeting of Ministers for Consumer Affairs to be held on 31 March 2016, and any associated documents.

Senators Madigan, Day, Leyonhjelm, Wang, Lambie, Xenophon, Lazarus and Muir: To move:


(a) the Senate notes that:

   (i) the President's report to the Senate on government responses outstanding to parliamentary committee reports as at 1 December 2015, listed the report of the Select Committee on Wind Turbines as among the reports the Government had failed to respond to within the required 3 month timeframe, and

   (ii) the Government still has not provided a formal response to the committee's report, although it has been some 7 months since the report was tabled; and

(b) there be laid on the table by the Minister representing the Minister for the Environment (Senator Birmingham), no later than 3.30 pm on 10 May 2016, the Government's response to the report of the Select Committee on Wind Turbines, dated August 2015.

Senator McEwen: To move:

That the Senate—

(a) acknowledges that:

   (i) 23 July 2016 marks the centenary of Australia's participation in the Battle of Pozières,

   (ii) 24,000 Australian soldiers lost their lives in the battle, and

   (iii) no other battle in World War I equalled the horror of the Battle of Pozières as measured by lives lost and soldiers wounded; and

(b) thanks the Australian Pozières Remembrance Association Inc., together with the village of Pozieres, for creating a Memorial Garden in Pozières to pay tribute to Australia's World War I defence personnel.

Senator McKim: To move:

That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 30 June 2016:

The response to, and lessons learnt from, recent fires in remote Tasmanian wilderness affecting the Tasmanian Wilderness World Heritage Area, with particular reference to:

(a) the impact of global warming on fire frequency and magnitude;

(b) the availability and provisions of financial, human and mechanical resources;

(c) the adequacy of fire assessment and modelling capacity;

(d) Australia's obligations as State Party to the World Heritage Convention;

(e) world best practice in remote area fire management; and

(f) any related matter.

Senator McEwen: To move:

That the Senate—

(a) notes the comments of the of the Leader of the Australian Greens (Senator Di Natale) in the debate on the Commonwealth Electoral Amendment Bill 2016, stating 'Labor joined with the Coalition to support the invasion of Iraq';

(b) reminds Senator Di Natale that Labor consistently opposed the 2003 war in Iraq; and

(c) calls on Senator Di Natale to correct the record.

Senator Smith: To move:

That the Senate—

(a) notes that on 8 November 2015, Myanmar held its first openly contested election in 25 years;

(b) congratulates the people of Myanmar on the peaceful and efficient conduct of the election, which was a powerful demonstration of the people's wish to transition to democracy;

(c) notes:

   (i) the result of the election, which delivered a significant majority to the National League for Democracy (NLD), the political movement led by pro-democracy campaigner Ms Aung San Suu Kyi,

   (ii) the election by Myanmar's Union Parliament on 15 March 2016 of Mr Htin Kyaw as President, and

   (iii) the election of Mr Henry Van Thio to the office of Second Vice-President, and its particular significance for the Chin and Christian communities of Myanmar, given this is the most senior office to be held by a Chin person since the Union of Burma was formed in 1947; and

(d) recognises that the selection of the Myanmar's president and vice-presidents is an important step in its political transition, whilst noting the need for further reforms to strengthen representative government in that country.

Senator Wong: To move:

That the Senate affirms the previous announced decision of the Government to deliver the 2016-17 Budget on 10 May 2016.

Senator Whish-Wilson: To move:

That the Senate—

(a) notes the Economics References Committee report received on 11 March 2016 into the collapse of forestry managed investment schemes, a $4 billion Ponzi scheme facilitated by the lax lending standards of the Bendigo and Adelaide Bank and the ANZ bank;

(b) notes that during the term of the 44th Parliament, the following financial scandals have been uncovered:

   (i) 1,100 Commonwealth Bank clients were given unsuitable advice, and another 8,000 are having their cases reviewed,

   (ii) 1,000 National Australia Bank clients were given unsuitable advice,

   (iii) 160 Macquarie Bank clients were given unsuitable advice, and thousands more are having their cases reviewed,

   (iv) 8,500 ANZ Bank clients were charged for services they did not get,

   (v) IOOF is alleged to have engaged in insider trading, front running and other misconduct,

   (vi) the ANZ Bank is alleged to have rigged the Bank Bill Swap Rate, and

   (vii) the Commonwealth Bank is alleged to have engaged in fraud to unfairly deny life insurance claims; and

(c) calls on the government to establish a Royal Commission into crime and misconduct within the financial services sector.

Senator Fifield: To move:

That the hours of meeting for Tuesday, 10 May 2016 be from 12.30 pm to 6.30 pm and 8.30 pm to adjournment, and for Thursday, 12 May 2016 be from 9.30 am to 6 pm and 8 pm to adjournment, and that:

(a) the routine of business from 8.30 pm on Tuesday, 10 May 2016 shall be:

   (i) Budget statement and documents 2016-17, and

   (ii) adjournment; and

(b) the routine of business from 8 pm on Thursday, 12 May 2016 shall be:

   (i) Budget statement and documents—party leaders and independent senators to make responses to the statement and documents for not more than 30 minutes each, and

   (ii) adjournment.

Senator Williams: To move:

That the Senate—

(a) notes:

   (i) the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 that will still come into effect on 4 April 2016, forcing self-employed drivers to charge rates 35 per cent higher than trucking companies, deliberately placing them at a competitive disadvantage,

   (ii) that this order unfairly targets self-employed drivers, while exempting transport companies that employ drivers,

   (iii) the main outcome of this order will force self-employed drivers out of the market by requiring them to charge for transport at a higher rate than large company-owned competitors, and

   (iv) that leading industry representatives, including the Australian Industry Group, the National Road Transport Association, the Australian Livestock and Rural Transporters Association, the National Farmers Federation and the Council of Small Business of Australia have all supported calls to review this anti-small business decision; and

(b) supports this delay so that these small business owners are not unfairly targeted and driven out of the market by being forced to charge uncompetitive rates.

Senator Urquhart: To move:

That the Senate—

(a) recalls the decision of the Australian Greens to vote with the Liberal and National parties to oppose the introduction of the Carbon Pollution Reduction Scheme; and

(b) recognises the significant role played by the Australian Greens in opposing action on climate change and the subsequent damage to Australia's future.

Senator Rice: To move:

That the Senate—

(a) notes that:

   (i) the Turnbull Government is yet to commit funding to any major public transport projects in our urban centres,

   (ii) the recent audit of East West Link federal funding showed significant flaws in the Liberal Government's approvals and funding decisions for that proposed project, and that there are strikingly similar features of the funding decisions for WestConnex and Perth Freight Link toll roads,

   (iii) communities in Sydney, Perth and Melbourne are standing up and saying they do not want more polluting toll roads pushed through their urban neighbourhoods, and

   (iv) investment in well-designed public transport infrastructure is a more effective, economic, equitable and less polluting means of tackling congestion than new toll road projects; and

(b) calls on the Government to withdraw funding for WestConnex and the Perth Freight Link, and prioritise funding for public transport in our major urban centres before polluting toll roads that further embed car-dependence in our cities.

Senator Lazarus: To move:

That the Senate—

(a) recognises the damaging impact of yellow crazy ants in northern Queensland on:

   (i) rainforests, including a 60 hectare World Heritage Area within an 800 hectare infestation south of Cairns,

   (ii) ecotourism,

   (iii) farming, including the infestation of 230 hectare of sugarcane,

   (iv) Australian wildlife and pets, including many endangered species endemic to northern Queensland rainforests,

   (v) the health of residents, including the risk of temporary blindness if sprayed in the eye with formic acid,

   (vi) the safety of schools,

   (vii) the liveability of the region, and

   (viii) property values; and

(b) calls on the Government to urgently commit funding to the Yellow Crazy Ant Eradication Program to fund it for 3 years past June 2016.

Senator Lazarus: To move:

That the Senate—

(a) notes that:

   (i) the Daniel Morcombe Foundation was established as a lasting legacy to Daniel by parents Bruce and Denise Morcombe in 2005 after their son Daniel was abducted and murdered in December 2003 while waiting to catch a bus on the Sunshine Coast, and

   (ii) the foundation has two main aims: to educate children on how to stay safe in a physical and online environment, and to support young victims of crime;

(b) recognises the important work of the foundation in:

   (i) assisting educators and parents in the education of children about their personal safety, by funding the development of child safety educational resources,

   (ii) assisting young victims of crime through financial support in addition to that provided by Government agencies, and

   (iii) empowering all Australians to make their own local communities safer places for children;

(c) congratulates Denise and Bruce Morcombe on their selfless and tireless work to protect children from harm and recognise their call for the establishment of a national 'Sex Offender and Child Homicide Offender Public Website', known as Daniel's Law, which would list 'the worst of the worst' child sex offenders, including those convicted of killing a child; and

(d) calls on the Federal Government to establish a working group comprising state and territory government representatives, law enforcement, child safety advocates and other relevant professionals to consider and develop solutions to issues affecting children's safety, including for example the possible viability of the establishment of such a register.

Senator Lazarus: To move:

That the Senate—

(a) recognises:

   (i) the importance of community legal centres, as one of the four key free legal assistance providers in Australia, in:

(A) playing a central role in combatting the current Australian domestic violence crisis as a front-line service,

(B) providing free legal advice in areas such as family violence, family law, credit and debt, employment and housing,

(C) providing crucial early intervention to stop legal problems escalating and community legal education, and

(D) assisting 216,000 people nationally in 2015, nearly 50,000 of whom are in in Queensland,

   (ii) that in 2015, 160,000 people were turned away nationally, 80,000 of whom were in Queensland, and there is rising demand for services, and

   (iii) that the planned funding cuts will directly affect the ability of people in Queensland, and across Australia, to access the legal help they need; and

(b) therefore calls on the Government to:

   (i) urgently halt funding cuts to community legal centres due to take effect from 1 July 2017,

   (ii) commit to increasing funding in line with the recommendations made by the Productivity Commission, including a minimum of $14.4 million per year to community legal centres,

   (iii) remove restrictions on community legal centres using Federal Government funding to undertake vital law reform and policy advocacy work, and

   (iv) invest long-term in community legal centres, Family Violence Prevention Legal Services and other legal assistance services.

The chair of the Standing Committee for the Scrutiny of Bills ( Senator Polley ): To move:

That the following amendment to standing order 24 operate as a temporary order from 10 May 2016 until the end of the 44th Parliament:

Add the following paragraph:

'(1)(d) If the committee has not completed its inquiry into a bill due to the failure of a minister to respond to the committee's concerns, then immediately prior to the order of the day relating to the bill being called on, a senator may:

   (i) ask the minister for an explanation as to why the committee has not received a response; and

   (ii) the senator may, at the conclusion of the explanation, move without notice—That the Senate take note of the explanation; or

   (iii) in the event that the minister does not provide an explanation, the senator may, without notice, move a motion with regard to the minister's failure to provide an explanation.'

Senators Moore, McKenzie, Siewert, and Brown: To move:

That the Senate—

(a) recognises that:

   (i) 21 March 2016 marks the 3rd anniversary of the former Prime Minister Julia Gillard's apology on behalf of the Australian Government to people affected by forced adoption or removal policies and practices, and

   (ii) this apology, on behalf of the Australian people, acknowledges the policies and practices that forced the separation of mothers from their babies created a lifelong legacy of pain and suffering;

(b) acknowledges:

   (i) the profound sadness and remorse, in the unreserved apology,

   (ii) the hope that the apology will assist healing through shining a light on a dark period of our nation's history, and

   (iii) the Australian Government's response provided funding for:

(A) an increased awareness and understanding of the experiences of individuals affected by forced adoption practices in the community,

(B) developing guidelines and training materials for mental health professionals to assist in the diagnosis, treatment and care of those affected by forced adoption practices, and

(C) the National Archives of Australia to document the experiences of those affected by forced adoption and provide information about how to access records; and

(c) notes:

   (i) the bravery of the survivors who participated and gave evidence to the Senate inquiry into the Commonwealth contribution to former forced adoption policies and practices, and

   (ii) the 20 recommendations of the report of the inquiry were significant in instigating the National Apology for Forced Adoptions.

Senators Fifield, Moore and Siewert: To move:

That the Senate—

(a) notes that:

   (i) World Down Syndrome Day will be celebrated internationally on 21 March 2016, and the theme for this year's commemoration is 'My Friends, My Community', and

   (ii) people with Down syndrome must be able to enjoy full and equal rights to include the opportunity to participate fully in their communities;

(b) recognises that, sadly, the reality remains for many that prevailing negative attitudes result in low expectations, discrimination and exclusion; and

(c) joins with Down Syndrome Australia, Down Syndrome International and the Australian Down syndrome community in:

   (i) supporting the 'My Friends, My Community' conversation, and notes that when children with Down syndrome are given opportunities to participate, all children benefit from this shared environment of friendship, acceptance and respect for everyone and high expectations are created, and

   (ii) acknowledging these environments prepare all today's children for life as tomorrow's adults, enabling adults with Down syndrome to live, work, and participate, with confidence and individual autonomy, fully included in society alongside their friends and peers.

Senator Lazarus: To move:

That the Senate—

(a) acknowledges the importance of Australia's shipping and maritime industry, and its contribution to the Australian economy and national defence capabilities;

(b) notes that some 7,000 people are employed directly in shipbuilding yards across Australia, and a further 24,000 people in associated industries;

(c) recognises that 1,800 shipbuilding jobs have been lost in Australia since 2013, and the need to protect and retain Australian jobs for Australian workers;

(d) understands the Federal Government is currently in the process of awarding a large Australian Government shipbuilding contract for the build of defence supply vessels to a Spanish company, Navantia, which will create some 3,000 jobs in Spain and further decimate the Australian shipbuilding and maritime industry; and

(e) calls on the Federal Government to immediately halt any further negotiations with the Spanish company, and instead work with the Australian shipbuilding and maritime industry to immediately establish the capability to build the ships in Australia which will provide Australian jobs for Australian workers.

Senator Simms: To move:

That the Senate—

(a) acknowledges that:

   (i) a strong public education system is key to investing in the next generation, and building a fair, successful and cohesive society,

   (ii) the Student Start-up Scholarship allows students from disadvantaged or low income backgrounds to purchase necessary study items such as textbooks and course equipment, and

   (iii) by turning the Student Start-up Scholarship into a loan, hundreds of thousands of low-income students are being saddled with an extra $6,150 of HELP debt; and

(b) calls on the Government to:

   (i) reinstate the Student Start-up Scholarship as a grant and not a loan, and

   (ii) increase support for higher education students from disadvantaged or low income backgrounds.

Senator Xenophon: To move:

That the Senate—

(a) notes that:

   (i) the Minister for Defence has declined to provide documents commissioned from Pty Ltd relating to the potential impact on the Australian economy in accordance with the 17 November 2014 order for production of documents,

   (ii) on 23 February 2016 the Minister advanced a public interest immunity claim that the Department of Defence commissioned the documents to inform the Cabinet's consideration of the build of the future submarine,

   (iii) in 1975 the Senate by resolution laid out its position with respect to public interest immunity claims indicating that while the Senate may permit claims of public interest immunity to be advanced, it reserves the right to determine whether any particular claim will be accepted,

   (iv) on 3 March 2016 a further order for production of documents was made by the Senate requiring the Minister for Defence to provide the basis for the public interest immunity claim made in the Senate on 23 February 2016, and

   (v) on 16 March 2016 the Minister failed to comply with the order for production of documents of 3 March 2016 indicating that the Government would not disclose legal advice; and

(b) does not accept the public interest immunity claim made by the Minister for Defence in relation to the order for production of documents of 17 November 2014, and that there be laid on the table by the Minister for Defence, by the next day of sitting, the documents commissioned from Pty Ltd, including economic modelling and other examination of the potential economic impact of the SEA1000 submarine project on the Australian economy, among other subjects.

Senator Gallacher: To move:

That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 11 May 2016:

The partial suspension of sanctions against Iran, with particular reference to:

(a) the nature and scope of public consultation prior to the making of the Autonomous Sanctions (Suspension of Sanctions—Iran) Instrument 2016, the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Iran) Amendment List 2016, and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Iran) Amendment List 2016 (No. 2);

(b) the adequacy of the explanatory statements accompanying the regulations for the removal of certain activities and entities from the sanctions regime;

(c) the extent to which any removed entities have institutional or financial ties to any entities that continue to be designated, and the nature of such ties;

(d) the impact of lifting sanctions on the conduct of ran in international affairs and on Australia's national interest;

(e) the Australian Government's decision to re-open a trade office in Iran; and

(f) any related matters.