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Friday, 25 November 2011
Page: 9625


Senator McEWEN (South AustraliaGovernment Whip in the Senate) (09:56): I present the 17th report of 2011 of the Selection of Bills Committee and I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 17 OF 2011

1. The committee met in private session on Thursday, 24 November 2011 at 3.32 pm.

2. The committee resolved to recommend—That—

(a) the provisions of the Access to Justice (Federal Jurisdiction) Amendment Bill 2011 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 22 March 2012 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Corporations Amendment (Further Future of Financial Advice Measures) Bill 2011 be referred immediately to the Economics Legislation Committee for inquiry and report by 14 March 2012 (see appendix 2 for a statement of reasons for referral);

(c) the Crimes Act Amendment (Fairness of Minors) Bill 2011 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 22 March 2012 (see appendix 3 for a statement of reasons for referral);

(d) the Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011 be referred immediately to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report by 27 February 2012(see appendix 4 for a statement of reasons for referral);

(e) the provisions of the Illegal Logging Prohibition Bill 2011 be referred immediately to the Rural Affairs and Transport Legislation Committee for inquiry and report by 8 February 2012 (see appendix 5 for a statement of reasons for referral);

(f) the provisions of the Personally Controlled Electronic Health Records Bill 2011 and the provisions of the Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 29 February 2012 (see appendix 6 for a statement of reasons for referral); and

(g) the provisions of the Social Security Legislation Amendment Bill 2011, Stronger Futures in the Northern Territory Bill 2011 and the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 29 February 2012 (see appendices 7 and 8 for statements of reason for referral).

3. The committee resolved to recommend—That the following bills not be referred to committees:

Antarctic Treaty(Environment Protection) Amendment Bill 2011

Australian Research Council Amendment Bill 2011

Broadcasting Services Amendment(Regional Commercial Radio) Bill 2011

Crimes Legislation Amendment(Powers and Offences) Bill 2011

Customs Amendment(Anti-dumping Improvements) Bill(No. 2) 2011

Customs Amendment(Reducing Business Compliance Burden) Bill 2011

Electoral and Referendum Amendment(Maintaining Address) Bill 2011

Excise Amendment(Reducing Business Compliance Burden) Bill 2011

Higher Education Support Amendment(VET FEE-HELP and Other Measures) Bill 2011

Insurance Contracts Amendment Bill 2011

Nuclear Terrorism Legislation Amendment Bill 2011

Road Safety Remuneration Bill 2011

Road Safety Remuneration(Consequential Amendments and Related Provisions) Bill 2011

Tax Laws Amendment (2011 Measures No. 9) Bill 2011.

The committee considered the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Bill 2011 and, noting that the bill had passed the Senate on 24 November 2011, resolved to recommend that the bill not be referred to a committee.

The committee recommends accordingly.

4. The committee deferred consideration of the following bills to its next meeting:

Australian Broadcasting Corporation Amendment (International Broadcasting Services) Bill 2011

National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill 2011

Protecting Children from Junk Food Advertising (Broadcasting and Telecommunications Amendment) Bill 2011

Public Accounts and Audit Committee Amendment (Ombudsman) Bill 2011

Telecommunications Amendment (Mobile Phone Towers) Bill 2011.

(Anne McEwen)

Chair

25 November 2011

 

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Access to Justice (Federal Jurisdiction) Amendment Bill 2011

Reasons for referral/principal issues for consideration:

Whether costs orders for discovery will enhance access to justice and to ensure that any potential for abuse is limited;

Whether further ALRC recommendations on discovery are proposed and likely timing;

Examination of the provisions relating to suppression orders to ensure that principles of open justice prevail.

Possible submissions or evidence from:

Law Council of Australia

Family Court

Federal Court

Federal Magistrates Courts Attorney-General's Department

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

--

Possible reporting date:

--

(signed)

Senator Fifield

Selection of Bills Committee member

 

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Corporations Amendment (Further Future of Financial Advice Measures) Bill 2011

Reasons for referral/principal issues for consideration:

To consider the impact of the proposed changes on consumer and financial advisers.

Possible submissions or evidence from:

Financial Services Council; Association of Superannuation Funds of Australia; Financial Planning Association; Association of Financial Advisers; Industry Superannuation Network

Committee t o which bill is to be referred:

Senate Economics Committee

Possible hearing date(s):

To be determined by Committee

Possible reporting date:

14 March 2012—the reporting date set for the inquiry into the related Corporations Amendment (Future of Financial Advice) Bill 2011.

(signed)

Senator Fifield

Selection of Bills Committee member

 

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Crimes Act Amendment (Fairness to Minors) Bill 2011

Reasons for referral/principal issues for consideration:

To examine at the medical and forensic value of wrist and dental x-rays

To scrutinise the legal aspects and merits of placing children in adult prison or remand

To examine the sequence of events which lead to children being charged, or not charged, with people smuggling

To look at evidentiary aspects of age determination process for alleged minors charged with people smuggling

Possible submissions or evidence from:

Victoria Legal Aid

Alliance of Australian Lawyers

Australian Bar Association

Human Rights Commission

State and Territory Children's' Commissioners

Indonesian Consulate

Department of Immigration

Australian Federal Police

Commonwealth Department of Public Prosecutions

Royal Australian College of Physicians, or Australasian Paediatric Endocrine Group, or Australian and New Zealand Society for Paediatric Radiology, or Royal Australian and New Zealand College of Radiologists

Committee to which bill is to be referred:

Legal and Constitutional Affairs Possible hearing date(s): February/March 2012

Possible reporting date:

22 March 2012

(signed)

Senator Siewert

Whip/Selection of Bills Committee member

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011

Reasons for referral/principal issues for consideration:

To ensure the Bill would achieve the objectives of the Bill and has no unintended consequences.

Possible submissions or evidence from:

Australian Chamber of Commerce and Industry Textiles and Footwear Industry Association CCI WA

Committee to which bill is to be referred:

Senate Education, Employment and Workplace Relations Committee Possible hearing date(s):

Possible reporting date:

March 2012

(signed)

Senator Fifield

Selection of Bills Committee member

 

APPENDIX 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Illegal Logging Prohibition Bill

Reasons for referral/principal issues for consideration:

Consider the Bill against Committee's recommendations. Possible submissions or evidence from:

Australian Government Department of Agriculture, Fisheries and Forestry Australian Timber Importers Federation

Australian Forest Products Association

Greenpeace

Uniting Church Social Justice Mission

Committee to which bill is to be referred:

Rural Affairs & Transport Legislation Committee Possible hearing date(s):

Possible reporting date:

8 February

(signed)

Senator McEwen

Whip/Selection of Bills Committee member

 

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Personally Controlled Electronic Health Records Bill 2011

Personally Controlled Electronic Health Records(Consequential Amendments) Bill 2011

Reasons for referral/principal issues for consideration:

Privacy issues/ Privacy Breaches/ Penalties for breaches

Security of information on the PCEHR

Questions about the design, functionality, and capability of the PCEHR,

Questions regarding the use of consultants, contractors, and tenders let or hired by NEHTA in regard to the development of the PCEHR

The level of functionality of the PCEHR at 1 July 2012

Questions around the continuation of NEHTA after 1 July2012

The products that NEHTA designed, made, tested, certified for use in the PCEHR.

Any other issues the Committee considers appropriate.

Possible submissions or evidence from:

Any interested parties

Committee to which bill is to be referred:

Senate Community Affairs Committee Possible hearing date(s):

Possible reporting date:

29 February 2012

(signed)

Senator Fifield

Selection of Bills Committee member

 

APPENDIX 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Social Security Legislation Amendment Bill 2011

Reasons for referral/principal issues for consideration:

Consideration of measures forming part of the Stronger Futures in the Northern Territory legislation package

Possible submissions or evidence from:

 

Committee to which bill is to be referred:

Senate Community Affairs Committee

Possible hearing date(s):

 

Possible reporting date:

29/2/12

(signed)

Senator Fifield

Selection of Bills Committee member

 

APPENDIX 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Stronger Futures in the Northern Territory Bill 2011

Stronger Futures in the Northern Territory(Consequential and Transitional Provisions) Bill 2011

Reasons for referral/principal issues for consideration:

Effect of measures and implementation plans, evidence of community awareness/acceptance. Assessment of intended and unintended consequences.

Possible submissions or evidence from:

Northern Territory Government, FaHCSIA, Northern Land Council, Central Land council, NT Shire Councils, NT Indigenous Advisory Group, Aboriginal Legal Aid, Concerned Australians, Stop The Intervention group, affected individuals.

Committee to which bill is to be referred:

Community Affairs—Legislation Committee

Possible hearing date(s):

TBA

Possible reporting date:

29 Feb 2012

(signed)

Senator Fifield

Selection of Bills Committee member

 

Senator McEWEN: by leave—I move:

That the report be adopted.

Question agreed to.