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Tuesday, 7 February 2017
Page: 72


Senator McKim to move:

That there be laid on the table by the Minister representing the Minister for Immigration and Border Protection, on 15 February 2017, the agreement between Australia and the United States of America announced on 13 November 2016 regarding the potential resettlement to the United States of refugees on Manus Island and Nauru.

Senator Kakoschke-Moore to move:

That the Senate—

(a) congratulates Ms Meg Lanning on being named Australia’s top women’s international cricketer for 2017 and the women’s Domestic Player of the Year;

(b) notes that:

   (i) Ms Lanning’s exceptional form for country and state saw her become the first player to secure both the Belinda Clark Award, having previously won the award in 2014 and 2015, and the women’s Domestic Player of the Year,

   (ii) Cricket Australia reports that well over one million Australians are now playing cricket, making it the country’s highest participation sport,

   (iii) according to the Gender Balance in Global Sport Report 2016, nearly one of four cricket participants are female, up 20 per cent on the previous year,

   (iv) on the field, participation rates are soaring, but women are still under-represented in coaching roles, on boards, in administration roles and other leadership positions across all sports,

   (v) Cricket Australia has two female board members or 22 per cent of total board members,

   (vi) in 2013, the seven sports that received highest levels of Australian Sports Commission funding—swimming, yachting, rowing, cycling, athletics, hockey and basketball—were required to meet the Mandatory Sports Governance Principles, including 40 per cent of women on boards, and

   (vii) in 2016, only hockey met the 40 per cent target and exceeded the target with 60 per cent female board membership; and

(c) calls on the Government to develop strategies to end the grass ceiling and ensure that all sporting bodies in receipt of federal funding meet a 40 per cent target of female board membership.

Senator Polley to move:

That the Senate—

(a) notes that:

   (i) February is Ovarian Cancer Awareness Month,

   (ii) Ovarian Cancer Awareness Month is an annual campaign to raise awareness of the symptoms, risks and impact of ovarian cancer, and

   (iii) ovarian cancer has the lowest survival rate of any women’s cancer and there has been very little improvement in survival in the past 20 years; and

(b) urges Federal, state, territory and local governments to take leadership in encouraging Australian women to become more aware of the signs and symptoms of ovarian cancer, to know their family history and where to get help, and to create communities where people openly talk about ovarian cancer.

Senator Gallacher to move:

That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 30 November 2017:

The impact of Defence training activities and facilities on rural and regional communities, with particular reference to:

   (a) economic, social and environmental impacts;

   (b) consultation and communication with local government and community organisations;

   (c) investments in new facilities, infrastructure and operations;

   (d) utilisation of local suppliers and service providers to achieve value for money;

   (e) encouraging awareness of tendering opportunities for rural and regional businesses; and

   (f) any other related matters.

Senator Polley to move:

That item 2 of Schedule 1 of the Dental Benefits Amendment Rule 2016 (No. 2), made under the Dental Benefits Act 2008, be disallowed

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

Senator Xenophon to move:

(1) That so much of standing orders be suspended as would prevent this resolution having effect.

(2) That the Parliamentary Expenses Amendment (Transparency and Accountability) Bill 2015 be restored to the Notice Paper and that consideration of the bill be resumed at the stage reached in the 44th Parliament.

Senator Wong to move:

That the Senate—

(a) reaffirms its support for Australia’s non-discriminatory immigration policy that strengthens and enriches our country through the contribution of migrants of all races, faiths and cultures;

(b) concurs with the statement of the Prime Minister in October 2016 that "An inclusive nation is a safer nation. It enables our security agencies to better protect us.";

(c) acknowledges that maintaining strong borders and protecting our citizens is not achieved through divisive or discriminatory practices; and

(d) recognises it is a core responsibility of being a good global citizen to:

   (i) speak out against injustice and discrimination based on race, religion or background wherever it occurs, and

   (ii) use appropriate diplomatic channels to encourage other countries to take the same approach.

Senator Hinch, Senator Wong, Senator Di Natale , S enator Xenophon, Senator Hanson , Senator Leyonhjelm, Senator Brandis and Senator Lambie to move:

That the Senate records its deep sorrow following the tragic events of 20 January in Melbourne’s Bourke Street Mall, tenders its heartfelt sympathy to the families and loved ones of those affected by this tragedy, and places on record its gratitude to the Victorian police, paramedics, firefighters, as well as to the many bystanders who were among the first to respond to this senseless act with bravery, selflessness and compassion.

Senator Ruston to move:

That the following bill be introduced: A Bill for an Act to amend the law relating to fisheries, and for related purposes. Fisheries Legislation Amendment (Representation) Bill 2017.

Senator Di Natale to move:

That the Senate supports the establishment of an independent federal anti-corruption commission to oversee federal members of parliament and the public service.

Senator Williams to move:

That the Senate—

(a) notes that:

   (i) in 1946, the Commonwealth and state governments agreed that 26 January each year would be celebrated as Australia Day,

   (ii) each year on 26 January numerous Australians are honoured with national and local awards,

   (iii) award ceremonies in towns and villages across the nation on 26 January are preceded by a Welcome to Country which acknowledges the traditional owners of the land,

   (iv) a national poll of 1,156 people has found that the majority, 68 per cent, felt positive about Australia Day, and just 15 per cent would prefer Australia Day on another date,

   (v) on 26 January 2017 a number of protest marches were conducted which were organised by a group with links to the Greens and unions,

   (vi) at the Sydney march, an Australian flag was set alight which led to a violent confrontation between police and protestors,

   (vii) Australian Greens Senator Rhiannon herself acknowledged in a news report of 27 January 2017, that the Greens are radical and anti-establishment and that she would like more people to see them that way;

(b) condemns any attempt to burn or otherwise desecrate the Australian flag; and

(c) confirms that Australia Day will continue to be celebrated on 26 January each year.

Senator Bilyk, Senator Polley, Senator Urquhart, Senator Brown, Senator Duniam, Senator Abetz, Senator Singh, Senator Lambie, Senator McKim, Senator Whish-Wilson, Senator Bushby and Senator Parry to move:

That the Senate—

(a) notes that:

   (i) 7 February 2017 marked the 50th anniversary of the 1967 Black Tuesday Tasmanian bushfires - the worst bushfires in Tasmania’s history,

   (ii) the fires took the lives of 64 people, injured 900 people, destroyed approximately 1 400 buildings, including homes, schools, and businesses, and burned 653 000 acres of southern Tasmania,

   (iii) the fires affected or destroyed towns from Hamilton and Bothwell in the Southern Midlands, to the Derwent Valley, to the edges of Hobart, and down to Channel and the Huon Valley, and

   (iv) the total damage done by the fires was estimated to be $482 million in 2015 dollars;

(b) recognises the great trauma experienced by Tasmanians from the Black Tuesday fires and the tremendous effort by emergency services during the fires and by all Australians in the rebuilding process;

(c) further recognises that this valiant Tasmanian community spirit has been crucial to fire-fighting efforts ever since; and

(d) wishes Tasmanian firefighters and volunteers a safe season for 2017 and hopes that the events of Black Tuesday are never repeated.

Senator Di Natale to move:

That item 2 of Schedule 1 of the Dental Benefits Amendment Rule 2016 (No. 2), made under the Dental Benefits Act 2008, be disallowed

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.

Senator Cameron and Senator Siewert to move:

That the following matter be referred to the Community Affairs References Committee for inquiry and report by 10 May 2017:

The design, scope, cost-benefit analysis, contracts awarded and implementation associated with the Better Management of the Social Welfare System initiative, with particular reference to:

(a) the impact of Government automated debt collection processes upon the aged, families with young children, students, people with disability and jobseekers and any others affected by the process;

(b) the administration and management of customers’ records by Centrelink, including provision of information by Centrelink to customers receiving multiple payments;

(c) the capacity of the Department of Human Services and Centrelink services, including online, IT, telephone services and service centres to cope with levels of demand related to the implementation of the program;

(d) the adequacy of Centrelink complaint and review processes, including advice or direction given to Centrelink staff regarding the management of customer queries or complaints;

(e) data-matching between Centrelink and the Australian Taxation Office and the selection of data, including reliance upon Pay As You Go income tax data;

(f) the process of awarding any contracts related to the debt collection system;

(g) the error rates in issuing of debt notices, when these started being identified and steps taken to remedy errors;

(h) the Government’s response to concerns raised by affected individuals, Centrelink and departmental staff, community groups and parliamentarians;

(i) Centrelink’s Online Compliance Intervention (OCI) and its compliance with debt collection guidelines and Australian privacy and consumer laws;

(j) the adequacy of departmental management of the OCI, including:

   (i) the adequacy of staff numbers to manage the workload associated with the OCI, including customer complaints,

   (ii) what impact the roll-out of the OCI has had on other areas of work and whether resources have been diverted from other areas,

   (iii) training and development provided to staff who are working on this program or in related areas (for example, telephony and complaints),

   (iv) how the Department of Human Services and Centrelink are tracking the impact of the OCI rollout on staff, including stress and incidents of customer aggression,

   (v) any advice and related information available to the Department of Human Services in relation to potential risks associated with the OCI and what action was taken as a result, including feedback arising from system testing and staff, and

   (vi) decisions taken in relation to IT systems and service design that may have contributed to problems experienced by Centrelink clients; and

(k) any other related matters.

Senator Xenophon and Senator Carr to move:

That the Senate—

(a) notes that:

   (i) on 9 November 2016, the Senate agreed to an order for production of documents directed at the Minister for Defence for the Design and Mobilisation Contract signed between the Commonwealth of Australia and DCNS on 30 September 2016;

   (ii) on 1 December 2016, the Minister for Defence tabled a redacted version of the Design and Mobilisation contract and asserted a public interest immunity claim over the redacted components, and in particular the intellectual property terms, on the basis that these terms were of significant commercial value and highly sensitive to DCNS,

   (iii) poorly negotiated intellectual property rights in Defence contracts both here and overseas have caused significant problems for the ongoing sustainment and enhancement of critical defence equipment, including:

      (A) the contracted intellectual property rights for the Collins Class submarine became a significant issue in the ongoing sustainment and enhancement of the Collins submarines and also in relation to the evolving of Collins as a potential solution for the future submarine project, and

      (B) United States (US) Air Force Lieutenant General Christopher Bogdan, Head of the F-35 Fighter program, has publically expressed concern as to the adverse effect that not addressing intellectual property rights at the commencement of the Joint Strike Fighter program in the US is having on the ongoing sustainment and enhancement of the aircraft,

   (iv) the future submarine program involves a projected spend of $50 billion dollars of taxpayers’ money, and that the impact of the intellectual property rights on the entire program, including any potential follow-on submarine class, are significant,

   (v) there is an overwhelming and overriding public interest in respect of parliamentary oversight and scrutiny on the intellectual property terms associated with the future submarine program;

(b) does not accept the public interest immunity claim in relation to the contracted intellectual property terms of the Design and Mobilisation Contract signed between the Commonwealth of Australia and DCNS on 30 September 2016 made by the Minister for Defence in relation to the order for production of documents of 9 November 2016; and

(c) orders that there be laid on the table by the Minister for Defence, by the start of business on the next day of sitting, the intellectual property terms of the Design and Mobilisation Contract signed between the Commonwealth of Australia and DCNS on 30 September 2016.

Senator Lambie to move:

That the following bill be introduced: A Bill for an Act to amend the Criminal Code Act 1995 in relation to the wearing of full face coverings in public places, and for related purposes. Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill 2017.

Senator Smith to move:

That the Joint Committee of Public Accounts and Audit be authorised to hold public meetings during the sittings of the Senate, from 9.30 am, as follows:

(a) Wednesday, 22 March 2017; and

(b) Wednesday, 29 March 2017.

Senator Fifield to move:

That the order of the Senate of 8 November 2016 relating to the hearings for the 2017-18 Budget estimates, be amended as follows:

(a) paragraph (1):

   (i) omit "Monday, 30 October and Tuesday, 31 October (supplementary hearings—Group A)", substitute "Monday, 23 October and Tuesday, 24 October (supplementary hearings—Group A)", and

   (ii) omit "Wednesday, 1 November and Thursday, 2 November (supplementary hearings—Group B)", substitute "Wednesday, 25 October and Thursday, 26 October (supplementary hearings—Group B)"; and

(b) paragraph (2), omit "Friday, 3 November 2017", substitute "Friday, 27 October 2017".

Senator Di Natale to move:

That the Senate—

(a) notes that:

   (i) since his inauguration, President Trump has:

      (A) tried to enact racist policies which seek to ban entire Muslim-majority nationalities from entering the United States (US),

      (B) vocally criticised the US judicial system when it blocked this ban in line with US and international law,

      (C) threatened to send the American military into Mexico,

      (D) accused Japan, China and Germany of currency manipulation,

      (E) suggested that the US might once again have the opportunity to steal Iraq’s oil,

      (F) said that torture 'absolutely' works, and

      (G) ordered the Department of Homeland Security to issue a weekly list of crimes (allegedly) committed by undocumented immigrants in sanctuary cities, amongst many other alarming actions,

   (ii) the Trump Presidency is causing deep concern and unease in the Australian community,

   (iii) President Trump’s discriminatory ban further unfairly demonises Muslim people, when there is not a shred of evidence that immigrants from the countries covered by the ban have killed people on US soil in a terrorist attack,

   (iv) our Government’s deal to transfer our refugees to the US is causing untold human suffering and trauma, particularly in light of the Trump administration’s delays and prevarications, and

   (v) our alliance with the US is making our country less safe, not more safe; and

(b) urges:

   (i) the Australian Government to stand up for Australian values and hold President Trump to account, as leaders of other nations have done, and

   (ii) the Australian Government to re-negotiate the terms of the US alliance and commit to an independent, non-aligned foreign policy, in the interests of a safer Australia.

Senator Di Natale to move:

That the Senate—

(a) condemns the Government's:

   (i) harsh cut to dental services for children in lower income families, ripping away $300 per child from the Child Dental Benefits Schedule—the only Medicare-funded dental care program,

   (ii) enacting this cut through regulation during the extended summer break so that it was in place without this chamber being able to scrutinise or disallow it for six weeks, and

   (iii) dramatic cut, which was made at the same time as a further deep cut to Commonwealth funding to the states and territories for public dental services to under $100 million annually, which will drastically reduce dental services provided to approximately 400,000 Australians; and

(b) calls on the Government to end its attack on public dental services by:

   (i) restoring the full funding to the Child Dental Benefits Schedule so that Australian children in need have access to the dental health care they require,

   (ii) restoring appropriate funding to states and territories for delivery of public dental services, and

   (iii) expanding funding to Medicare-funded dental services so that more Australians can access this crucial care.

Senator Smith, Senator Hanson, Senator Fawcett, Senator Bushby, Senator Bernardi, Senator Fifield, Senator Fierravanti-Wells, Senator Ryan, Senator Macdonald, Senator Back, Senator Nash, Senator Williams, Senator Scullion, Senator Canavan, Senator Ruston, Senator McKenzie, Senator Duniam, Senator Cormann, Senator Paterson, Senator McGrath, Senator Hume, Senator Seselja, Senator Cash, Senator Sinodinos, Senator Burston, Senator Brandis and Senator Roberts to move:

That the Senate—

(a) notes:

   (i) that 6 February 2017 marked 65 years since Her Majesty Queen Elizabeth II ascended to the throne,

   (ii) the important and enduring role that Her Majesty has played, and continues to play, in Australia’s remarkable democratic and constitutional stability during the years of her reign, and

   (iii) that Her Majesty has remained faithful to her vow made in 1947 - ‘I declare before you all that my whole life whether it be long or short shall be devoted to your service’; and

(b) extends to Her Majesty its continuing appreciation for the gracious manner in which she continues to fulfil her duties as Queen of Australia.

Senator Siewert to move:

That the Senate—

(a) acknowledges:

   (i) that Aboriginal and Torres Strait Islander peoples are the First Peoples of these lands and waters,

   (ii) that 26 January is a day of mourning for many Aboriginal and Torres Strait Islander peoples as it represents the beginning of colonisation, and

   (iii) the call from Aboriginal and Torres Strait Islander organisations, local governments and community support to change the date; and

(b) calls on federal, state and territory governments to change the date of Australia Day so that all Australians can participate in celebrating this national day.

Senator Siewert to move:

That the Senate—

(a) acknowledges that 4,444 people made allegations of child sexual abuse by members of the Catholic Church, including the clergy, between January 1980 and February 2015;

(b) notes that allegations of criminal misconduct against Cardinal George Pell have been forwarded to the Victorian Office of Public Prosecutions by the Victorian Police; and

(c) calls on Cardinal George Pell to return to Australia to assist the Victorian Police and Office of Public Prosecutions with their investigations into these matters.

Senator Ludlam to move:

That the Senate—

(a) notes:

   (i) the Abbott-Turnbull election commitment that infrastructure projects attracting more than $100 million of federal funding would require a full cost benefit analysis,

   (ii) the Abbott-Turnbull Government has committed funding now worth $1.2 billion to the Perth Freight Link for which no business case has ever been provided, for which Stages 2 and 3 have not even been planned or assessed, and which does not reach the Port;

(b) rejects the grounds for public interest immunity claimed on six previous Senate orders for production of documents relating to the project, specifically the orders made on 25 June 2014, 10 August 2015, 11 August 2015, 12 November 2015, 19 April 2016 and 1 September 2016;

(c) orders that the full business case and cost benefit analysis for the Perth Freight Link be laid on the table by the Minister for Finance by no later than midday on 9 February 2017;

(d) resolves that, if the documents specified in paragraph (c) are not laid on the table by 9 February 2017, the Minister for Finance be suspended from the sittings of the Senate except for attendance in divisions but not for any other purpose, until the documents are produced or by 9 May 2017, whichever occurs earlier; and

(e) calls on the Government not to effect any transfer of funds for the Perth Freight Link until such time as paragraph (c) is met.

Senator Wong to move:

(1) That a select committee, to be known as the Select Committee on a National Integrity Commission, be established to inquire into and report on the establishment of a national integrity commission, with particular reference to:

   (a) the adequacy of the Australian Government’s legislative, institutional and policy framework in addressing all facets of institutional, organisational, political and electoral, and individual corruption and misconduct, with reference to:

      (i) the effectiveness of the current federal and state/territory agencies and commissions in preventing, investigating and prosecuting corruption and misconduct,

      (ii) the interrelation between federal and state/territory agencies and commissions, and

      (iii) the nature and extent of coercive powers possessed by the various agencies and commissions, and whether those coercive powers are consistent with fundamental democratic principles;

   (b) whether a federal integrity commission should be established to address institutional, organisational, political and electoral, and individual corruption and misconduct, with reference to:

      (i) the scope of coverage by any national integrity commission,

      (ii) the legislative and regulatory powers required by any national integrity commission to enable effective operation,

      (iii) the advantages and disadvantages associated with domestic and international models of integrity and antiĀ­-corruption commissions/agencies,

      (iv) whether any national integrity commission should have broader educational powers,

      (v) the necessity of any privacy and/or secrecy provisions,

      (vi) any budgetary and resourcing considerations, and

      (vii) any reporting accountability considerations; and

   (c) any related matters.

(2) That the committee present its final report on or before 15 August 2017.

(3) That the committee have power to consider and use for its purposes the minutes of evidence and records of the previous Select Committee relating to the establishment of a National Integrity Commission, appointed on 24 February 2016.

(4) That the committee consist of seven senators:

   (a) two nominated by the Leader of the Government in the Senate;

   (b) two nominated by the Leader of the Opposition in the Senate;

   (c) one nominated by the Leader of the Australian Greens;

   (d) one nominated by the Nick Xenophon Team; and

   (e) one nominated by the Leader of Derryn Hinch’s Justice Party.

(5) That:

   (a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and

   (b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.

(6) The presence of a quorum for the committee and any subcommittee be determined in accordance with the provisions of standing order 29.

(7) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.

(8) That the committee elect as chair one of the members nominated by the Leader of the Opposition in the Senate and as deputy chair the member nominated by the Nick Xenophon Team.

(9) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(10) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.

(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(12) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.

(13) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(14) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Senator McAllister to move:

That the following matter be referred to the Finance and Public Administration References Committee for inquiry and report by 9 May 2017:

The operation, effectiveness, and consequences of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016, with particular reference to:

(a) the process leading to the making of the order;

(b) the policy of relocating corporate Commonwealth entities with agricultural policy or regulatory responsibilities, including:

   (i) the identity of corporate Commonwealth entities that could be affected,

   (ii) the policy’s effect on the ability of affected entities to perform their functions, and

   (iii) economic, environmental and capability implications of the policy;

(c) the application of this policy to the Australian Pesticides and Veterinary Medicines Authority, including:

   (i) the plan for relocation, and

   (ii) the ability of the Australian Pesticides and Veterinary Medicines Authority to perform its functions from its new location, and any consequent risks to:

      (A) human and animal health,

      (B) productivity and profitability to the agriculture and fisheries sectors,

      (C) chemical industries, and

      (D) Australia’s trading reputation; and

(d) any other related matters.