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Monday, 14 October 2002
Page: 5095


Senator Ludwig asked the Minister representing the Attorney-General, upon notice, on 28 August 2002:

(1) Can the Minister confirm that the consultation process on age discrimination, for the proposed age discrimination bill, is open to the public via forums and hearings.

(2) In which states do the members of the Core Consultative Group currently reside.

(3) Given that the Government stated in its media news release that, `it has already consulted widely with organisations representing business, employees, older people and younger generations to seek their views about important issues regarding age discrimination', can the Minister provide details of where and when the Government consulted on this issue as described in its news release; if so, can the information be broken down by: (a) the federal electorate; (b) the type of group; (c) the number of people consulted in each group; and (d) who consulted in each instance.

(4) Will the Core Consultative Group release its findings publicly; if not, why not; if so, what is the expected date of release for the report.


Senator Ellison (Minister for Justice and Customs) —The Attorney-General has provided the following answer to the honourable senator's question:

(1) The development of this legislation is a complex process that requires issues and concerns of business and the community to be carefully considered. As an initial step, my Department consulted over 90 organisations representing business, employers and employees, older persons, children and young people, to seek their views about important issues regarding age discrimination, and wrote to a further 180 organisations.

The wide-ranging consultative process with the public will help ensure that the legislation strikes the right balance between the need to eliminate unfair discrimination on the basis of age and the need to ensure sufficient flexibility to allow for situations where age requirements may be necessary. On 15 March 2002, my Department discussed the age discrimination proposal with NGOs at the twice yearly Attorney-General's NGO Forum on Domestic Human Rights.

Information about the development of age discrimination legislation is available to the public on the website of my Department. The website also invites comment on the process for developing the legislation.

Following the initial consultations I established a Core Consultative Group (CCG) of key stakeholders to assist the Government to develop a detailed proposal for an Age Discrimination Bill (See the answer to the second part of this Question on Notice for a list of members of the CCG).

The CCG comprises a wide range of organisations including those representing business, employees, financial services, health services, youth, older people, social welfare groups, families, and other community organisations.

The CCG first met on 22 August 2002 at Parliament House in Canberra. The CCG considered complex issues concerning possible prohibitions on age discrimination, as well as necessary exemptions. The CCG considered existing anti-discrimination laws, issues raised in the consultations to date, and the range of areas of public life that the legislation might cover. The CCG also considered the role the Human Rights and Equal Opportunity Commission might play in administering the legislation, including education and awareness-raising, complaint-handling, and policy development.

The CCG established Working Groups on Superannuation, Insurance and Financial Services, Health and Medical Services, Employment, Training and Unpaid Work, Children and Youth, and Commonwealth Laws and Programs not covered in the other Working Groups to discuss these issues in detail. The Working Groups met throughout September 2002.

The next stage of this process will be a second plenary meeting of the CCG on 9 October 2002 in Canberra. At that meeting, the CCG will discuss an information paper setting out detailed proposals for the age discrimination legislation. The proposals in the information paper will build on the extensive consultation on this proposed new legislation. It is expected that the Government will consider the CCG's proposal before the end of 2002.

(2) The states in which the members of the Core Consultative Group currently reside are indicated below.

AGE DISCRIMINATION LEGISLATION CORE CONSULTATIVE GROUP

Representative

Organisation

Title

State

Professor Alice Tay

Human Rights and Equal Opportunity Commission

President

NSW

Mr David Deans

National Seniors Association

Chief Executive Officer

QLD

Mr Roger Valentine

Association of Independent Retirees

Consultant, National Council

TAS

Mrs Edna Russell

Australian Pensioners and Superannuants Federation

Secretary

ACT

Ms Patricia Reeve

Council on the Ageing (Australia)

Executive Director

VIC

Mr Brian Shakes

Over 50s Association

Chief Executive Officer

VIC

Ms Rhonda Parker

Positive Ageing Foundation of Australia

Chief Executive Officer

WA

Ms Megan Mitchell

Australian Council of Social Services

Director

NSW

Ms Gaye Phillips

UNICEF Australia

Chief Executive Officer

NSW

Ms Anne-Marie Mioche

Families Australia

Executive Officer

ACT

Mr Robert Ludbrook

National Children's and Youth Law Centre

Acting Director

NSW

Mr Jeff Hockey

Australian Forum of Youth Organisations

Chair

NSW

Mr James Crosby

Australian Youth Affairs Coalition

Chairperson

ACT

Mr Conrad Gershevitch

Federation of Ethnic Communities' Councils of Australia

National Coordinator

ACT

Commissioner Brian Butler

Aboriginal and Torres Strait Islander Commission

Commissioner

SA

Mr Ian Spicer

National Disability Advisory Council

Chair

ACT

Ms Helen Hopkins

Consumers' Health Forum

Executive Director

ACT

Mr Peter Anderson

Australian Chamber of Commerce and Industry

Director, Workplace Policy

VIC

Ms Fiona Field

Australian Industry Group

Senior Industrial Adviser

VIC

Mr Mike Potter

Council of Small Business Organisations of Australia

Chief Executive Officer

ACT

Mr Ian Gilbert

Australian Bankers Association

Director

NSW

Mr Ron Hardaker

Australian Finance Conference

Executive Director

NSW

Ms Karen Smith

Credit Union Services Corporation (Australia) Limited

Adviser, Public Affairs

NSW

Mr Bill Stanhope

Investment and Financial Services Association Limited

Senior Policy Manager

NSW

Dr Michaela Anderson

Association of Superannuation Funds of Australia

Director, Policy and Research

NSW

Mr Robert Drummond

Insurance Council of Australia

General Manager

NSW

Mr Russell Schneider

Australian Health Insurance Association

Chief Executive Officer

ACT

Dr Paul Hemming

Royal Australian College of General Practitioners

Principal Policy Adviser

VIC

Ms Christine Harvey

Law Council of Australia

Deputy Secretary-General

ACT

Ms Marion Gaynor

Australian Council of Trade Unions

Research Officer

VIC

(3) In relation to the federal electorate consulted in, I note that the electorates listed are the electorates in which the consultations were held, and that these were usually the headquarters of the relevant organisation. In relation to meetings with multiple organisations, the electorates listed are the electorates in which the meetings were held. In relation to the number of people consulted, where consultations were with business and NGOs, usually only one or two senior people (eg Chief Executive Officer) were consulted on behalf of their organisation.

Date

3(a) Federal Electorate consulted in

3(b) Name/Type of Group

3(c) Number of people consulted in the group

3(d) Who consulted

01/02/02

Division of Fraser

Department of Health and Ageing, Department Employment and Workplace Relations, Family and Community Services, Prime Minister and Cabinet, Treasury, Department of Immigration and Multicultural and Indigenous Affairs

Department of Health and Ageing - 3Department Employment and Workplace Relations - 2 Family and Community Services - 4 Prime Minister and Cabinet - 1Treasury - 2Department of Immigration and Multicultural and Indigenous Affairs - 2

AGD, CJD*

04/02/02

Division of Fraser

Department of Health and Ageing

6

AGD, CJD*

05/02/02

Division of Fraser

National Seniors Association

1

AGD, CJD*

14/02/02

Division of Fraser

Families Australia

1

AGD, CJD*

14/02/02

Division of Fraser

Law Council of Australia

2

AGD, CJD*

14/02/02

Division of Canberra

Council of Small Business Organisations of Australia

7

AGD, CJD*

20/02/02

Division of Sydney

National Insurance Brokers Association

2

AGD, CJD*

20/02/02

Division of Sydney

Australian Finance Conference

2

AGD, CJD*

20/02/02

Division of Sydney

Australian Forum of Youth Organisations

1

AGD, CJD*

20/02/02

Division of Sydney

Credit Union Services Corporation (Australia) Limited

2

AGD, CJD*

20/02/02

Division of Sydney

Australian Bankers Association

2

AGD, CJD*

20/02/02

Division of Sydney

Australian Youth Affairs Coalition

1

AGD, CJD*

20/02/02

Division of Sydney

Youth Action and Policy Association (NSW)

Numbers not recorded

AGD, CJD*

20/02/02

Division of Sydney

Investment and Financial Services Association Limited

3

AGD, CJD*

22/02/02

Division of Sydney

Insurance Council of Australia

1

AGD, CJD*

22/02/02

Division of Sydney

Association of Independent Retirees

3

AGD, CJD*

22/02/02

Division of Sydney

Australian Industry Group

1

AGD, CJD*

22/02/02

Division of Sydney

Human Rights and Equal Opportunity Commission

4

AGD, CJD*

22/02/02

Division of Sydney

Association of Superannuation Funds Australia

2

AGD, CJD*

22/02/02

Division of Sydney

National Children's and Youth Law Centre

1

AGD, CJD*

27/02/02

Division of Fraser

Returned Services League

1

AGD, CJD*

27/02/02

Division of Melbourne

Business Council of Australia

2

AGD, CJD*

27/02/02

Division of Melbourne

Australian Retired Persons Association

1

AGD, CJD*

27/02/02

Division of Melbourne

Australian Council of Trade Unions

2

AGD, CJD*

27/02/02

Division of Melbourne

Council on the Ageing (Australia)

2

AGD, CJD*

27/02/02

Division of Melbourne

Australian Chamber of Commerce and Industry

1

AGD, CJD*

27/02/02

Division of Melbourne

Youth Affairs Council of Victoria

3

AGD, CJD*

28/02/02

Division of Melbourne

Royal Australian College of General Practitioners

1

AGD, CJD*

28/02/03

Division of Melbourne

Insurance Advisers Association of Australia

1

AGD, CJD*

28/02/03

Division of Melbourne

Australian Multicultural Foundation

1

AGD, CJD*

28/02/03

Division of Melbourne

Australian Institute of Family Studies

2

AGD, CJD*

28/02/03

Division of Melbourne

National Disability Advisory Council

1

AGD, CJD*

28/02/03

Division of Melbourne

Aged and Community Services Australia

1

AGD, CJD*

01/03/02

Division of Fraser

Australian Council for the Rehabilitation of the Disabled

1

AGD, CJD*

01/03/02

Division of Fraser

Department of Employment and Workplace Relations.Department of Health and Ageing

DEWR: 3DoHA: 1

AGD, CJD*

01/03/02

Division of Fraser

Consumers' Health Forum

2

AGD, CJD*

04/03/02

Division of Fraser

Treasury

1

AGD, CJD*

04/03/02

Division of Fraser

Health and Ageing

3

AGD, CJD*

08/03/02

Division of Fraser

Australian Federation of Homelessness Organisations

2

AGD, CJD*

08/03/02

Division of Fraser

Department of Employment and Workplace Relations

1

AGD, CJD*

08/03/02

Division of Fraser

National Employment Services Association

1

AGD, CJD*

08/03/02

Division of Fraser

UNICEF Australia

1

AGD, CJD*

11/03/02

Division of Fraser

Private Health Insurance Administration Council

1

AGD, CJD*

13/03/02

Division of Fraser

Older Women's Network (Australia)

2

AGD, CJD*

13/03/02

Division of Fraser

Australian Health Insurance Association

1

AGD, CJD*

13/03/02

Division of Fraser

Australian Council of Social Services

2

AGD, CJD*

15/03/02

Division of Fraser

10th NGO Forum on Domestic Human Rights:Aboriginal and Torres Strait Islander CommissionAmnesty International Australia Association of NESB Women in AustraliaAustralian Baha'i CommunityAustralian Council of Social ServicesAustralian Federation of Business & Professional WomenAustralian Federation of Homelessness Organisations Australian Lawyers for Human RightsAustralian Red CrossAustralian Section of the International Commission of JuristsAustralian Women LawyersCoalition of Australian Peak Organisations of Women Executive Council of Australian JewryFederation of Ethnic Community Councils of AustraliaFoundation for Aboriginal and Islander Research ActionHuman Rights and Equal Opportunity CommissionNational Aboriginal and Islander Legal Services SecretariatNational Association of Community Legal CentresNational Council of ChurchesNational Council of WomenOlder Women's NetworkPublic Interest Advocacy Centre Quaker Service AustraliaRefugee Council of AustraliaUnited Nations Youth Association AustraliaWomen's Electoral LobbyWomen's Services NetworkYoung Women's Christian Association

30

AGD, CJD*

16/03/02

Division of Canberra

Federation of Ethnic Communities Councils of Australia

7

AGD, CJD*

21/03/02

Division of Fraser

Create Foundation

3

AGD, CJD*

23/03/02

Division of Canberra

National Children's Services Forum:Australian Federation of Child Care AssociationsAustralian Early Childhood AssociationNational Association of Community Based Children's ServicesNational Family Day Care Council of AustraliaNational Peak Ethnic Children's Services NetworkNational Out of School Hours AssociationOccasional Child Care Association NationalPlaygroup Council of AustraliaNational Alliance of Disability, Resource and Training Agencies

10

AGD, CJD*

10/04/02

Division of Sydney

UNICEF

2

AGD, CJD*

10/04/02

Division of Sydney

Grey Army

1

AGD, CJD*

11/04/02

Division of Sydney

Disability Education Standards MeetingState and Territory Departments of EducationNational Council of Independent SchoolsNational Catholic Education CommissionAustralian Vice Chancellor's Council

Numbers not recorded

AGD, CJD*

18/04/02

Division of Sydney

Australian Forum of Youth Organisations:Australian Council of YMCAAustralian Red CrossAustralian Rural YouthDuke of Edinburgh's Award in AustraliaGuides AustraliaLions Clubs of AustraliaPolice and Community Youth Clubs NSW LtdSt John Ambulance AustraliaThe Boys' Brigade in AustraliaThe Scout Association of AustraliaYWCA of Australia

Numbers not recorded

AGD, CJD*

12/06/02

Division of Canberra

Department of Health and Ageing

5

AGD, CJD*

17/06/02

Division of Fraser

Council for Equal Opportunity in Employment

1

AGD, CJD*

19/06/02

Division of Fraser

Defence

4

AGD, CJD*

08/07/02

Division of Curtin

Youth Affairs Council of Western Australia

3

AGD, CJD*

08/07/02

Division of Perth

Positive Ageing Foundation of Australia

2

AGD, CJD*

08/07/02

Division of Perth

Australian Human Resources Institute

1

AGD, CJD*

24/07/02

Division of Canberra

Department of Health and Ageing

10

AGD, CJD*

26/07/02

Division of Canberra

Department of Family and Community Services

6

AGD, CJD*

* Attorney-General's Department, Civil Justice Division

[NB: Since the first plenary meeting of the CCG on 22 August 2002 there have been 5 Working Groups and other consultation meetings with Government Departments.]

On 2 May 2002 my Department also wrote to an additional 180 organisations regarding the age discrimination reforms, as follows:

1 Aboriginal Children's Advancement Society

2 ACT Multicultural Council Youth Network

3 Adult Learning Australia Inc (ALA)

4 Alzheimer's Association of NSW

5 Anglicare Australia

6 Association for Competitive Employment (ACE)

7 Association of Children's Welfare Agencies (ACWA)

8 Association of Professional Engineers, Scientists and Managers Australia

9 Auburn Migrant Resource Centre

10 Audiology Society of Australia

11 Australian Association of the Deaf

12 Australian Businesswomen's Network

13 Australian Catholic Social Justice Commission

14 Australian Centre for Adult Literacy

15 Australian Consumers Association

16 Australian Council for Education

17 Australian Council of Deans of Education

18 Australian Council of Women and Policing

19 Australian Council on Healthcare Standards

20 Australian Dental Association

21 Australian Federation of AIDS Organisations

22 Australian Federation of University Women

23 Australian Forum of Human Rights Organisations

24 Australian Hoteliers Association

25 Australian Institute of Aboriginal and Torres Strait Islander Studies

26 Australian Institute of Actuaries

27 Australian Institute of Engineers

28 Australian Institute of Health and Welfare

29 Australian Insurance Institute

30 Australian Insurance Law Association

31 Australian Local Government Association

32 Australian Medical Association

33 Australian National Committee on Refugee Women

34 Australian National Youth Roundtable

35 Australian Nursing Federation

36 Australian Pensioners and Superannuants League QLD (APSL QLD)

37 Australian Pensioners Insurance Agency

38 Australian Retailers Association

39 Australian Retirement Income Streams Association (ARISA)

40 Australian Secondary Principals Association

41 Australian Vocational Education and Training Research Association

42 Australian Women's Health Network

43 Banking Industry Ombudsman

44 Barnados

45 Baulkham Hills/Holroyd/Parramatta Migrant Resource Centre

46 Blacktown Migrant Resource Centre

47 Blind Citizens Australia

48 Botany Multicultural Resource Centre

49 Boystown Foundation

50 Brisbane Migrant Service Agency (MSA)

51 Brotherhood of St Laurence

52 Burnside

53 Canterbury/Bankstown Migrant Resource Centre

54 Carers Australia

55 Catholic Welfare Australia

56 Centacare

57 Centre for Health Law, Ethics and Policy

58 Centre for Multicultural Youth Issues

59 Coalition Against Racism

60 Combined Pensioners and Superannuants Association (CPSA)

61 Corporate Super Association

62 Council for a Multicultural Australia

63 Council for Equal Opportunity in Employment

64 Country Women's Association of Australia

65 Deafness Forum of Australia

66 Doctors Reform Society (Australia)

67 Eastern Area Service for Youth

68 Endeavour Forum

69 Ethnic Child Care, Family and Community Services Co-operative

70 Fairfield Migrant Resource Centre (Cabramatta Community Centre)

71 Family Services Australia

72 Females in Information Technology and Telecommunications

73 Financial Industry Complaints Service

74 Financial Planning Association (FPA)

75 Fred Hollows Foundation

76 Fusion Australia

77 Geelong Migrant Resource Centre

78 Gippsland Migrant Resource Centre

79 Head Injury Council Of Australia (HICOA)

80 Health Insurance Restricted Membership Association of Australia

81 Hoppers Crossing Outreach Service

82 Illawarra Migrant Resource Centre

83 Independent Schools Group

84 Indigenous Disability Network

85 Inner West (Ashfield) Migrant Resource Centre

86 Inner Western Region (Footscray) Migrant Resource Centre

87 Institute of Company Directors

88 Insurance Enquiries and Complaints

89 International Women's Development Agency (IWDA)

90 Jobs Australia

91 Liverpool Migrant Resource Centre

92 Logan and Beenleigh Migrant Resource Centre (Access Inc)

93 Lumbu Indigenous Community Foundation

94 Macarthur Migrant Resource Centre

95 Mental Health Foundation of Australia

96 Migrant Information Centre (East Melbourne) Ltd

97 Migrant Network Services (Northern Sydney Ltd)

98 Migrant Resource Centre North East (Preston/Reservoir)

99 Migrant Resource Centre of Canberra and Queanbeyan

100 Migrant Resource Centre of Central Australia

101 Migrant Resource Centre of Northern Tasmania

102 Migrant Resource Centre of South Australia

103 Migrant Resource Centre of Southern Tasmania

104 Migrant Settlement Services (Cairns)

105 Mortgage Industry Association of Australia

106 National Aboriginal Community Controlled Health Organisation

107 National Aged Care Alliance

108 National Association for the Prevention of Child Abuse and Neglect

109 National Association of People Living with HIV/AIDS (NAPWA)

110 National Council of Single Mothers and Their Children (NCSMC)

111 National Council On Intellectual Disability (NCID)

112 National Foster Care Forum

113 National Foundation of Australian Women (NFAW)

114 National Indigenous Youth Movement of Australia (NIYMA)

115 National Secretariat of Torres Strait Islander Organisations

116 National Union of Students

117 National Women's Justice Coalition (NWJC)

118 National Women's Media Centre (NWMC)

119 National Youth Coalition for Housing Inc

120 New South Wales Law Society Children's Legal Issues Committee

121 New South Wales Young Lawyers Human Rights Committee

122 Newcastle and the Hunter Region Migrant Resource Centre

123 North West Region (St Albans) Migrant Resource Centre

124 Northern Territory Youth Affairs Network

125 Northern Metropolitan Migrant Resource Centre

126 Northern Suburbs Migrant Resource Centre (WA)

127 Nursing Mothers' Associations of Australia (NMAA)

128 Oakleigh Outreach Service

129 Office of Senior's Interests, Australia

130 Office of the Employment Advocate

131 Older People Speak Out

132 Palliative Care Australia

133 Pan Pacific and South East Asia Women's Association of Australia

134 Pharmacy Guild of Australia

135 Physical Disability Council of Australia Ltd

136 Private Health Insurance Complaints Commissioner

137 Refugee Resettlement Advisory Council

138 Rotary Australia

139 Royal Australian and New Zealand College of Psychiatrists

140 Royal Australian College of Physicians

141 Royal Australian College of Surgeons

142 Secretariat of National Aboriginal and Islander Child Care (SNAICC)

143 Securities Institute of Australia

144 Small Independent Superannuation Funds Association (SISFA)

145 Sole Parents Union (SPU)

146 South Central Region (Prahran) MRC

147 South Eastern Region (Dandenong) Migrant Resource Centre

148 South Metropolitan Migrant Resource Centre (WA)

149 Speech Pathology Association of Australia

150 St George Migrant Resource Centre

151 St Luke's Anglicare

152 Superannuated Commonwealth Officers' Association (SCOA)

153 Telecommunications Industry Ombudsman

154 The Centre For Positive Ageing

155 The Gerontology Foundation of Australia Inc

156 Townsville Migrant Resource Centre

157 UNIFEM Australia Inc

158 United Nations Association of Australia Status of Women Network

159 United Nations Youth Association Australia

160 Uniting Church in Australia

161 Victorian Centre for Multicultural and Youth Issues

162 Victorian Health Promotion Foundation

163 Voice Interest and Education for Women (VIEW)

164 Volunteering Australia

165 Westgate Region (Altona) Migrant Resource Centre

166 Women Chiefs of Enterprises International

167 Women in Super

168 Women with Disabilities (Australia)

169 Women's Action Alliance (Australia) Inc (WAA)

170 Women's International League for Peace and Freedom (WILPF)

171 Women's Legal Services Network

172 Women's Rights Action Network Australia (WRANA)

173 Young Media Australia

174 Youth Advocacy Centre Inc

175 Youth Affairs Coalition ACT

176 Youth Affairs Council of South Australia (YACSA)

177 Youth Affairs Council of Western Australia (YACWA)

178 Youth Affairs Network of Queensland

179 Youth Network of Tasmania (YNOT)

180 Zonta International

(4) The purpose of the Core Consultative Group is to develop an information paper with detailed proposals on age discrimination legislation for the Government to consider. As noted in the answer to part 1 of this Question on Notice, the second plenary meeting of the CCG will be held on 9 October 2002. At that meeting, the CCG will consider an information paper on age discrimination reforms. I expect to bring a submission to Government based on the CCG's proposals before the end of 2002. After the Government receives the CCG's proposals, the Government will consider the next steps in this process of developing the age discrimination legislation.