COMMONWEALTH OF AUSTRALIA
PARLIAMENTARY DEBATES
Senate Official Hansard No. 1, 2004 WEDNESDAY, 17 NOVEMBER 2004
FORTY-FIRST PARLIAMENT FIRST SESSION—FIRST PERIOD
BY AUTHORITY OF THE SENATE
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FORTY-FIRST PARLIAMENT FIRST SESSION—FIRST PERIOD
Governor-General
His Excellency Major-General Michael Jeffery, Companion in the Order of Australia, Com- mander of the Royal Victorian Order, Military Cross
Senate Officeholders
President—Senator the Hon. Paul Henry Calvert Deputy President and Chairman of Committees—Senator John Joseph Hogg Temporary Chairmen of Committees—Senators the Hon. Nick Bolkus, George Henry Bran- dis, Hedley Grant Pearson Chapman, John Clifford Cherry, Patricia Margaret Crossin, Alan Baird Ferguson, Stephen Patrick Hutchins, Linda Jean Kirk, Susan Christine Knowles, Philip Ross Lightfoot, John Alexander Lindsay (Sandy) Macdonald, Gavin Mark Marshall and John Odin Wentworth Watson Leader of the Government in the Senate—Senator the Hon. Robert Murray Hill Deputy Leader of the Government in the Senate—Senator the Hon. Nicholas Hugh Minchin Leader of the Opposition in the Senate—Senator Christopher Vaughan Evans Deputy Leader of the Opposition in the Senate—Senator Stephen Michael Conroy Manager of Government Business in the Senate—Senator the Hon. Ian Gordon Campbell Manager of Opposition Business in the Senate—Senator Joseph William Ludwig
Senate Party Leaders
Leader of the Liberal Party of Australia—Senator the Hon. Robert Murray Hill Deputy Leader of the Liberal Party of Australia—Senator the Hon. Nicholas Hugh Minchin Leader of the National Party of Australia—Senator the Hon. Ronald Leslie Doyle Boswell Deputy Leader of the National Party of Australia—Senator John Alexander Lindsay (Sandy) Macdonald Leader of the Australian Labor Party—Senator Christopher Vaughan Evans Deputy Leader of the Australian Labor Party—Senator Stephen Michael Conroy Leader of the Australian Democrats—Senator Andrew John Julian Bartlett
Printed by authority of the Senate
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Members of the Senate State or Terri- Senator tory Term expires Party Abetz, Hon. Eric Tas 30.6.2005 LP Allison, Lynette Fay Vic 30.6.2008 AD Barnett, Guy (5) Tas 30.6.2005 LP Bartlett, Andrew John Julian Qld 30.6.2008 AD Bishop, Thomas Mark WA 30.6.2008 ALP Bolkus, Hon. Nick SA 30.6.2005 ALP Boswell, Hon. Ronald Leslie Doyle Qld 30.6.2008 NATS Brandis, George Henry (2) Qld 30.6.2005 LP Brown, Robert James Tas 30.6.2008 AG Buckland, Geoffrey Frederick (4) SA 30.6.2005 ALP Calvert, Hon. Paul Henry Tas 30.6.2008 LP Campbell, George NSW 30.6.2008 ALP Campbell, Hon. Ian Gordon WA 30.6.2005 LP Carr, Kim John Vic 30.6.2005 ALP Chapman, Hedley Grant Pearson SA 30.6.2008 LP Cherry, John Clifford (3) Qld 30.6.2005 AD Colbeck, Richard Mansell Tas 30.6.2008 LP Collins, Jacinta Mary Ann Vic 30.6.2005 ALP Conroy, Stephen Michael Vic 30.6.2005 ALP Cook, Hon. Peter Francis Salmon WA 30.6.2005 ALP Coonan, Hon. Helen Lloyd NSW 30.6.2008 LP Crossin, Patricia Margaret (1) NT ALP Denman, Kay Janet Tas 30.6.2005 ALP Eggleston, Alan WA 30.6.2008 LP Ellison, Hon. Christopher Martin WA 30.6.2005 LP Evans, Christopher Vaughan WA 30.6.2005 ALP Faulkner, Hon. John Philip NSW 30.6.2005 ALP Ferguson, Alan Baird SA 30.6.2005 LP Ferris, Jeannie Margaret SA 30.6.2008 LP Fifield, Mitchell Peter(7) Vic 30.6.2008 LP Forshaw, Michael George NSW 30.6.2005 ALP Greig, Brian Andrew WA 30.6.2005 AD Harradine, Brian Tas 30.6.2005 Ind Harris, Leonard William QLD 30.6.2005 PHON Heffernan, Hon. William Daniel NSW 30.6.2005 LP Hill, Hon. Robert Murray SA 30.6.2008 LP Hogg, John Joseph QLD 30.6.2008 ALP Humphries, Gary John Joseph (1) ACT LP Hutchins, Stephen Patrick NSW 30.6.2005 ALP Johnston, David Albert Lloyd WA 30.6.2008 LP Kemp, Hon. Charles Roderick VIC 30.6.2008 LP Kirk, Linda Jean SA 30.6.2008 ALP Knowles, Susan Christine WA 30.6.2005 LP Lees, Meg Heather SA 30.6.2005 APA Lightfoot, Philip Ross WA 30.6.2008 LP Ludwig, Joseph William QLD 30.6.2005 ALP Lundy, Kate Alexandra (1) ACT ALP Macdonald, Hon. Ian Douglas QLD 30.6.2008 LP ii
State or Terri- Senator tory Term expires Party Macdonald, John Alexander Lindsay (Sandy) NSW 30.6.2008 NATS McGauran, Julian John James VIC 30.6.2005 NATS Mackay, Susan Mary TAS 30.6.2008 ALP McLucas, Jan Elizabeth QLD 30.6.2005 ALP Marshall, Gavin Mark VIC 30.6.2008 ALP Mason, Brett John QLD 30.6.2005 LP Minchin, Hon. Nicholas Hugh SA 30.6.2005 LP Moore, Claire Mary QLD 30.6.2008 ALP Murphy, Shayne Michael TAS 30.6.2005 Ind Murray, Andrew James Marshall WA 30.6.2008 AD Nettle, Kerry Michelle NSW 30.6.2008 AG O’Brien, Kerry Williams Kelso TAS 30.6.2005 ALP Patterson, Hon. Kay Christine Lesley VIC 30.6.2008 LP Payne, Marise Ann NSW 30.6.2008 LP Ray, Hon. Robert Francis VIC 30.6.2008 ALP Ridgeway, Aden Derek NSW 30.6.2005 AD Santoro, Santo (6) QLD 30.6.2008 LP Scullion, Nigel Gregory (1) NT CLP Sherry, Hon. Nicholas John TAS 30.6.2008 ALP Stephens, Ursula Mary NSW 30.6.2008 ALP Stott Despoja, Natasha Jessica SA 30.6.2008 AD Tchen, Tsebin VIC 30.6.2005 LP Tierney, John William NSW 30.6.2005 LP Troeth, Hon. Judith Mary VIC 30.6.2005 LP Vanstone, Hon. Amanda Eloise SA 30.6.2005 LP Watson, John Odin Wentworth TAS 30.6.2008 LP Webber, Ruth Stephanie WA 30.6.2008 ALP Wong, Penelope Ying Yen SA 30.6.2008 ALP (1) Term expires at close of day next preceding the polling day for the general election of members of the House of Representatives. (2) Chosen by the Parliament of Queensland to fill a casual vacancy vice Hon. Warwick Raymond Parer, resigned. (3) Chosen by the Parliament of Queensland to fill a casual vacancy vice John Woodley, resigned. (4) Chosen by the Parliament of South Australia to fill a casual vacancy vice John Andrew Quirke, resigned. (5) Appointed by the Governor of Tasmania to fill a casual vacancy vice Hon. Brian Francis Gibson AM, resigned. (6) Chosen by the Parliament of Queensland to fill a casual vacancy vice Hon. John Joseph Herron, resigned. (7) Chosen by the Parliament of Victoria to fill a casual vacancy vice Hon. Richard Kenneth Robert Alston, resigned. PARTY ABBREVIATIONS AD—Australian Democrats; AG—Australian Greens; ALP—Australian Labor Party; APA—Australian Progressive Alliance; CLP—Country Labor Party; Ind—Independent; LP—Liberal Party of Australia; NATS—The Nationals; PHON—Pauline Hanson’s One Nation Heads of Parliamentary Departments Clerk of the Senate—H. Evans Clerk of the House of Representatives—I.C. Harris Secretary, Department of Parliamentary Services—H.R. Penfold QC
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HOWARD MINISTRY
Prime Minister The Hon. John Winston Howard MP Minister for Transport and Regional Services and The Hon. John Duncan Anderson MP Deputy Prime Minister Treasurer The Hon. Peter Howard Costello MP Minister for Trade The Hon. Mark Anthony James Vaile MP Minister for Defence and Leader of the Govern- Senator the Hon. Robert Murray Hill ment in the Senate Minister for Foreign Affairs The Hon. Alexander John Gosse Downer MP Minister for Health and Ageing and Leader of the The Hon. Anthony John Abbott MP House Attorney-General The Hon. Philip Maxwell Ruddock MP Minister for Finance and Administration, Deputy Senator the Hon. Nicholas Hugh Minchin Leader of the Government in the Senate and Vice-President of the Executive Council Minister for Agriculture, Fisheries and Forestry The Hon. Warren Errol Truss MP Minister for Immigration and Multicultural and Senator the Hon. Amanda Eloise Vanstone Indigenous Affairs and Minister Assisting the Prime Minister for Indigenous Affairs Minister for Education, Science and Training The Hon. Dr Brendan John Nelson MP Minister for Family and Community Services and Senator the Hon. Kay Christine Lesley Patterson Minister Assisting the Prime Minister for Women’s Issues Minister for Industry, Tourism and Resources The Hon. Ian Elgin Macfarlane MP Minister for Employment and Workplace Rela- The Hon. Kevin James Andrews MP tions and Minister Assisting the Prime Minister for the Public Service Minister for Communications, Information Tech- Senator the Hon. Helen Lloyd Coonan nology and the Arts Minister for the Environment and Heritage Senator the Hon. Ian Gordon Campbell
(The above ministers constitute the cabinet)
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HOWARD MINISTRY—continued
Minister for Justice and Customs and Manager of Senator the Hon. Christopher Martin Ellison Government Business in the Senate Minister for Fisheries, Forestry and Conservation Senator the Hon. Ian Douglas Macdonald Minister for the Arts and Sport Senator the Hon. Charles Roderick Kemp Minister for Human Services The Hon. Joseph Benedict Hockey MP Minister for Citizenship and Multicultural Affairs The Hon. Peter John McGauran MP Minister for Revenue and Assistant Treasurer The Hon. Malcolm Thomas Brough MP Special Minister of State Senator the Hon. Eric Abetz Minister for Vocational and Technical Education The Hon. Gary Douglas Hardgrave MP and Minister Assisting the Prime Minister Minister for Ageing The Hon. Julie Isabel Bishop MP Minister for Small Business and Tourism The Hon. Frances Esther Bailey MP Minister for Local Government, Territories and The Hon. James Eric Lloyd MP Roads Minister for Veterans’ Affairs The Hon. De-Anne Margaret Kelly MP Minister for Workforce Participation The Hon. Peter Craig Dutton MP Parliamentary Secretary to the Minister for Fi- The Hon. Dr Sharman Nancy Stone MP nance and Administration Parliamentary Secretary to the Minister for Indus- The Hon. Warren George Entsch MP try, Tourism and Resources Parliamentary Secretary to the Minister for Health The Hon. Christopher Maurice Pyne MP and Ageing Parliamentary Secretary to the Minister for De- The Hon. Teresa Gambaro MP fence Parliamentary Secretary (Foreign Affairs and The Hon. Bruce Fredrick Billson MP Trade) Parliamentary Secretary to the Prime Minister The Hon. Gary Roy Nairn MP Parliamentary Secretary to the Treasurer The Hon. Christopher John Pearce MP Parliamentary Secretary to the Minister for Trans- The Hon. John Kenneth Cobb MP port and Regional Services Parliamentary Secretary to the Minister for the The Hon. Gregory Andrew Hunt MP Environment and Heritage Parliamentary Secretary (Children and Youth Af- The Hon. Sussan Penelope Ley MP fairs) Parliamentary Secretary to the Minister for Educa- The Hon. Patrick Francis Farmer MP tion, Science and Training Parliamentary Secretary to the Minister for Agri- Senator the Hon. Richard Mansell Colbeck culture, Fisheries and Forestry
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SHADOW MINISTRY
Leader of the Opposition Mark William Latham MP Deputy Leader of the Opposition and Shadow Jennifer Louise Macklin MP Minister for Education, Training, Science and Research Leader of the Opposition in the Senate and Senator Christopher Vaughan Evans Shadow Minister for Social Security Deputy Leader of the Opposition in the Senate and Senator Stephen Michael Conroy Shadow Minister for Communications and In- formation Technology Shadow Minister for Health and Manager of Op- Julia Eileen Gillard MP position Business in the House Shadow Treasurer Wayne Maxwell Swan MP Shadow Minister for Industry, Infrastructure and Stephen Francis Smith MP Industrial Relations Shadow Minister for Foreign Affairs and Interna- Kevin Michael Rudd MP tional Security Shadow Minister for Defence and Homeland Se- Robert Bruce McClelland MP curity Shadow Minister for Trade The Hon. Simon Findlay Crean MP Shadow Minister for Primary Industries, Re- Martin John Ferguson MP sources and Tourism Shadow Minister for Environment and Heritage Anthony Norman Albanese MP and Deputy Manager of Opposition Business in the House Shadow Minister for Public Administration and Senator Kim John Carr Open Government, Shadow Minister for Indige- nous Affairs and Reconciliation and Shadow Minister for the Arts Shadow Minister for Regional Development and Kelvin John Thomson MP Roads and Shadow Minister for Housing and Urban Development Shadow Minister for Finance and Superannuation Senator the Hon. Nicholas John Sherry Shadow Minister for Work, Family and Commu- Tanya Joan Plibersek MP nity, Shadow Minister for Youth and Early Childhood Education and Shadow Minister As- sisting the Leader on the Status of Women Shadow Minister for Employment and Workplace Senator Penelope Ying Yen Wong Participation and Shadow Minister for Corporate Governance and Responsibility
(The above are shadow cabinet ministers)
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SHADOW MINISTRY—continued Shadow Minister for Immigration Laurence Donald Thomas Ferguson MP Shadow Minister for Agriculture and Fisheries Gavan Michael O’Connor MP Shadow Assistant Treasurer, Shadow Minister for Joel Andrew Fitzgibbon MP Revenue and Shadow Minister for Banking and Financial Services Shadow Attorney-General Nicola Louise Roxon MP Shadow Minister for Regional Services, Local Senator Kerry Williams Kelso O’Brien Government and Territories Shadow Minister for Manufacturing and Shadow Senator Kate Alexandra Lundy Minister for Consumer Affairs Shadow Minister for Defence Planning and Per- The Hon. Archibald Ronald Bevis MP sonnel and Shadow Minister Assisting the Shadow Minister for Industrial Relations Shadow Minister for Sport and Recreation Alan Peter Griffin MP Shadow Minister for Veterans’ Affairs Senator Thomas Mark Bishop Shadow Minister for Small Business Tony Burke MP Shadow Minister for Ageing and Disabilities Senator Jan Elizabeth McLucas Shadow Minister for Justice and Customs, Senator Joseph William Ludwig Shadow Minister for Citizenship and Multicul- tural Affairs and Manager of Opposition Busi- ness in the Senate Shadow Minister for Pacific Islands Robert Charles Grant Sercombe MP Shadow Parliamentary Secretary to the Leader of John Paul Murphy MP the Opposition Shadow Parliamentary Secretary for Defence The Hon. Graham John Edwards MP Shadow Parliamentary Secretary for Education Kirsten Fiona Livermore MP Shadow Parliamentary Secretary for Environment Jennie George MP and Heritage Shadow Parliamentary Secretary for Infrastructure Bernard Fernando Ripoll MP Shadow Parliamentary Secretary for Health Ann Kathleen Corcoran MP Shadow Parliamentary Secretary for Regional Catherine Fiona King MP Development (House) Shadow Parliamentary Secretary for Regional Senator Ursula Mary Stephens Development (Senate) Shadow Parliamentary Secretary for Northern The Hon. Warren Edward Snowdon MP Australia and Indigenous Affairs
vii CONTENTS
WEDNESDAY, 17 NOVEMBER
Chamber Temporary Chair of Committees ...... 1 Business— Rearrangement...... 1 Administrative Appeals Tribunal Amendment Bill 2004...... 1 Aviation Security Amendment Bill 2004...... 1 Bankruptcy and Family Law Legislation Amendment Bill 2004 ...... 1 Disability Discrimination Amendment (Education Standards) Bill 2004...... 1 Family Law Amendment (Annuities) Bill 2004 ...... 1 Fisheries (Validation of Plans of Management) Bill 2004...... 1 National Security Information (Criminal Proceedings) Bill 2004 ...... 1 National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004 ...... 1 Postal Industry Ombudsman Bill 2004...... 1 Surveillance Devices Bill 2004...... 1 Telecommunications (Interception) Amendment (Stored Communications) Bill 2004...... 1 Workplace Relations Amendment (Agreement Validation) Bill 2004— First Reading ...... 1 Second Reading...... 2 Business— Rearrangement...... 17 Committees— Allocation of Departments and Agencies ...... 24 Notices— Postponement ...... 24 Governor-General’s Speech— Address-in-Reply...... 25 Matters of Public Interest— Western Australia: Law and Order ...... 60 Information Technology: Policy...... 63 Abortion ...... 66 Heiner Affair and Lindeberg Grievance ...... 68 Human Rights: Darfur ...... 70 Federal Election...... 74 Ministerial Arrangements ...... 75 Questions Without Notice— Telstra: Services ...... 75 Howard Government: Economic Policy...... 76 Telstra: Infrastructure ...... 77 Employment ...... 79 Telstra: Services ...... 80 Taxation: Policy...... 81 Federal Election: Member for New England...... 82 Environment: Endangered Species...... 83 Economy: Household and Personal Debt ...... 85 Indigenous Affairs: Reforms ...... 86 Australian Federal Police: Cabinet Documents...... 87 Immigration: Detention Centres ...... 88
CONTENTS—continued
Health: Asbestos Related Disease ...... 89 Questions Without Notice: Take Note of Answers— Telstra ...... 90 Taxation: Policy...... 96 Immigration: Detention Centres ...... 96 Petitions— Anti-Vehicle Mines...... 97 East Timor: Oil and Gas Fields ...... 97 East Timor: Oil and Gas Fields ...... 98 Child Abuse...... 98 Defence: Involvement in Overseas Conflict Legislation...... 98 Military Detention: Australian Citizens...... 99 Educational Textbook Subsidy Scheme...... 99 Immigration: Detention Centres ...... 99 Workplace Relations: Paid Maternity Leave ...... 99 Constitutional Reform: Senate Powers...... 100 Telstra: Privatisation...... 100 Trade: Live Animal Exports ...... 100 Health: Pharmaceutical Benefits Scheme...... 100 Information Technology: Internet Content ...... 100 Medicare: Services ...... 101 Howard Government: Indigenous Affairs Policy ...... 101 Education: Higher Education ...... 101 Medicare: Bulk-Billing...... 102 Trade: Iraq ...... 102 Notices— Presentation ...... 102 Postponement ...... 108 Opening of Parliament: Indigenous Australians ...... 109 Committees— Administration of Indigenous Affairs Committee—Re-establishment...... 109 Business— Consideration of Legislation ...... 110 Restoration of Bills to Notice Paper...... 110 Notices— Postponement ...... 111 Business— Consideration of Legislation ...... 111 Distinguished Visitors...... 117 Business— Consideration of Legislation ...... 117 Customs Amendment (Thailand-Australia Free Trade Agreement Implementation) Bill 2004 and Customs Tariff Amendment (Thailand-Australia Free Trade Agreement Implementation) Bill 2004— First Reading ...... 118 Second Reading...... 118 Governor-General’s Speech— Address-in-Reply...... 121
CONTENTS—continued
Documents— Consideration...... 158 Documents— Tabling...... 168 Indexed Lists of Files ...... 170
Wednesday, 17 November 2004 SENATE 1
Wednesday, 17 November 2004 NATIONAL SECURITY ————— INFORMATION (CRIMINAL The PRESIDENT (Senator the Hon. PROCEEDINGS) (CONSEQUENTIAL Paul Calvert) took the chair at 9.30 a.m. and AMENDMENTS) BILL 2004 read prayers. POSTAL INDUSTRY OMBUDSMAN TEMPORARY CHAIR OF BILL 2004 COMMITTEES SURVEILLANCE DEVICES BILL 2004 The PRESIDENT—Pursuant to standing TELECOMMUNICATIONS order 12, I lay on the table a warrant revok- (INTERCEPTION) AMENDMENT ing the warrant nominating Senator Jacinta (STORED COMMUNICATIONS) BILL Collins as a Temporary Chair of Committees 2004 and appointing Senator Moore as an addi- WORKPLACE RELATIONS tional Temporary Chair of Committees. AMENDMENT (AGREEMENT BUSINESS VALIDATION) BILL 2004 Rearrangement First Reading Senator IAN CAMPBELL (Western Senator IAN CAMPBELL (Western Australia—Minister for the Environment and Australia—Minister for the Environment and Heritage) (9.31 a.m.)—I move: Heritage) (9.31 a.m.)—At the request of the That standing order 3(4) be suspended to en- Minister for Justice and Customs, Senator able the Senate to consider business other than Ellison, I move: that of a formal character before the address-in- That the following bills be introduced: reply to the Governor-General’s opening speech A Bill for an Act to amend the Administrative has been adopted. Appeals Tribunal Act 1975, and for other pur- Question agreed to. poses; ADMINISTRATIVE APPEALS A Bill for an Act to amend laws relating to TRIBUNAL AMENDMENT BILL 2004 aviation security, and for related purposes; AVIATION SECURITY AMENDMENT A Bill for an Act to amend the Bankruptcy Act BILL 2004 1966, and for other purposes; BANKRUPTCY AND FAMILY LAW A Bill for an Act to amend the Disability Dis- crimination Act 1992, and for related purposes; LEGISLATION AMENDMENT BILL 2004 A Bill for an Act to amend the Family Law Act 1975, and for related purposes; DISABILITY DISCRIMINATION A Bill for an Act to provide certainty about the AMENDMENT (EDUCATION validity of certain plans of management under the STANDARDS) BILL 2004 Fisheries Management Act 1991, and for related FAMILY LAW AMENDMENT purposes; (ANNUITIES) BILL 2004 A Bill for an Act relating to the protection of FISHERIES (VALIDATION OF PLANS certain information from disclosure in federal OF MANAGEMENT) BILL 2004 criminal proceedings, and for related purposes; A Bill for an Act to amend certain Acts as a NATIONAL SECURITY consequence of the enactment of the National INFORMATION (CRIMINAL Security Information (Criminal Proceedings) Act PROCEEDINGS) BILL 2004 2004, and for related purposes;
CHAMBER 2 SENATE Wednesday, 17 November 2004
A Bill for an Act to amend the Ombudsman reform of the Tribunal undertaken since it first Act 1976, and for related purposes; opened its doors on 1 July 1976. A Bill for an Act to set out the powers of The purpose behind the reforms is simple: to Commonwealth law enforcement agencies with make the Tribunal more efficient, more flexible respect to surveillance devices, and for related and more responsive to the ever-changing envi- purposes; ronment in which it operates. The reforms rein- A Bill for an Act to amend the Telecommunica- force that the primary objective of the Tribunal is tions (Interception) Act 1979, and for other pur- to provide a mechanism of review that is fair, just, poses; and economical, informal and quick. This is primarily achieved by giving the President greater flexibil- A Bill for an Act to amend the Workplace Re- ity in the way he or she organises the work of the lations Act 1996, and for related purposes. Tribunal. Question agreed to. The reforms do not involve a fundamental change Senator IAN CAMPBELL (Western to the purpose, structure or functions of the Tri- Australia—Minister for the Environment and bunal. Rather, they build on the Tribunal’s experi- Heritage) (9.33 a.m.)—I move: ence over almost 30 years of operation. That these bills may proceed without formali- The reforms can be divided into five key areas: ties, may be taken together and be now read a Reforms to Tribunal procedures first time. Removal of restrictive constitution provi- Question agreed to. sions Bills read a first time. Better use of ordinary members Second Reading Reform of the role of the Federal Court, and Senator IAN CAMPBELL (Western Changes to the qualification requirements for Australia—Minister for the Environment and appointment as President. Heritage) (9.34 a.m.)—I table the explana- I propose to identify some of the significant re- tory memoranda relating to the bills and forms to be introduced in each area. move: Reforms to Tribunal procedures That these bills be now read a second time. The Bill reforms existing Tribunal procedures to allow for more efficient conduct of reviews. I seek leave to have the second reading speeches incorporated in Hansard. The powers of the President will be expanded to facilitate more effective case management. In Leave granted particular, the President will have the power to The speeches read as follows— issue directions in relation to the operation of the Tribunal and the conduct of reviews. The Bill also ADMINISTRATIVE APPEALS TRIBUNAL rationalises the provisions relating to the resolu- AMENDMENT BILL 2004 tion of disagreements between the members of The Administrative Appeals Tribunal Amendment the Tribunal hearing a particular matter, avoiding Bill 2004 (the Bill) introduces a suite of measures the costly and inefficient delays that, at present, that will improve the capacity of the Administra- occasionally result from such disagreements. tive Appeals Tribunal (the Tribunal) to manage its In keeping with the Government’s commitment to workload and ensure that reviews are conducted alternative dispute resolution as an inexpensive as efficiently as possible. The Bill amends the and effective way of resolving disputes between Administrative Appeals Tribunal Act 1975 (the parties, the Bill expands the range of alternative AAT Act) and related legislation. dispute resolution process available to the Tribu- Taken individually, each of the measures con- nal. New alternative dispute resolution processes tained in the Bill is relatively modest. However, will include: neutral evaluation, case appraisal taken together they represent the most substantial
CHAMBER Wednesday, 17 November 2004 SENATE 3 and conciliation. The Bill also provides the Regis- ters will be heard more expeditiously than is pos- trar with the capacity to engage appropriately sible under existing arrangements as a result of qualified and experienced consultants to conduct these reforms. alternative dispute resolution processes. The role of the Federal Court Removal of restrictive constitution provisions The Bill introduces an amendment requiring the The Bill removes restrictions contained in the consent of the President before a question of law AAT Act and other legislation on how the Tribu- may be referred to the Federal Court. I wish to nal is to be constituted for the purposes of par- stress at the outset that no existing appeal rights ticular hearings. This will give the President will be affected by this proposal. At present, sub- greater flexibility in managing the Tribunal’s ject to some restrictions, the Tribunal constituted workload. To ensure that the Tribunal is consti- for the purposes of a hearing may refer a question tuted by the most appropriate members in each of law arising in the proceeding to the Federal proceeding, the Bill requires the President to have Court for decision. regard to a range of factors when determining the The involvement of the President is intended to constitution of the Tribunal. These factors in- ensure that only matters in genuine need of judi- clude: cial resolution are referred. Under current ar- the degree of public importance or complex- rangements, it is possible for issues that may be ity of the matters to which the proceeding re- regarded as settled or insignificant to be referred lates to the Federal Court wasting the resources of the the status of the person who made the deci- Court and causing delays in the resolution of the sion that is to be reviewed, and proceeding. Where a party believes that a deci- sion of the Tribunal was based on an error of law, the degree to which it is desirable for the they will still be able to appeal that decision to the members constituting the Tribunal to have Court. special knowledge, expertise or experience in relation to the matters to which the proceed- In a related reform the Bill allows the Federal ing relates. Court to make findings of fact in appeals from decisions of the Tribunal. This reform implements To complement these changes, the Bill simplifies a recommendation made by the Administrative existing reconstitution provisions. There are two Review Council in its report titled Appeals from aspects to this proposal. First, the Bill would the Administrative Appeals Tribunal to the Fed- amend the provisions that apply where a member eral Court. This proposal is not intended to in any becomes unavailable during the course of a re- way reduce the Tribunal’s role as the primary view. Secondly, the President would have the finder of fact in review proceedings. Rather, it is power to add, remove or substitute a member of intended to allow the Federal Court to dispose of the Tribunal if he or she is of the opinion that it is appropriate matters completely rather than remit- in the interests of achieving an expeditious and ting them to the Tribunal for the taking of further efficient conclusion of the review. evidence. Better use of ordinary members The Court will only be able to make findings of The Bill contains amendments to allow the Presi- fact if they are consistent with those already made dent to authorise ordinary members to exercise by the Tribunal. Before making such findings the powers currently only conferred on presidential Court must determine whether it is convenient to and/or senior members. These powers will in- do so, having regard to factors such as: clude granting applications for an extension of the expeditious and efficient resolution of the time before a hearing has commenced and giving whole of the matter to which the proceedings a party leave to inspect documents produced un- relate der summons. These reforms will give the Tribu- nal greater flexibility in the allocation of re- the relative expense to the parties of the sources and allow for tailored management of Court, rather than the Tribunal, making the particular matters. It is expected that some mat- findings, and
CHAMBER 4 SENATE Wednesday, 17 November 2004
the relative delay to the parties of the Court, accord with the Government’s policy of making rather than the Tribunal, making the findings the Administrative Appeals Tribunal more acces- of fact. sible to self-represented litigants. Criminal of- The amendments will not bring about far- fences contained in the AAT Act are also re- reaching changes to the federal system of admin- drafted to accord with the style used in the Crimi- istrative law, but rather will improve the effi- nal Code and penalties updated. ciency of the review process and provide for more Conclusion immediate outcomes in a small but significant For close to thirty years, the Tribunal has pro- number of proceedings. vided an avenue for people to seek review of the Changes to the qualification requirements for decisions of Government that impact on their appointment as President lives. The Tribunal has also played an essential The Bill expands the range of people who are role in improving the quality of administrative eligible for appointment as President of the Tri- decision-making across the Australian Govern- bunal. ment. The measures contained in the Administra- tive Appeals Tribunal Amendment Bill will en- At present only a Federal Court judge may be sure that as the Tribunal enters a fourth decade of appointed as President of the Tribunal. The Bill operation, it continues to perform its vital func- expands this to allow for the appointment of a tion and to so serve the interests of the Australian current or former judge from any federal court, a community. former judge from any State or Territory Supreme Court, or a person who has been enrolled as a ————— legal practitioner for at least five years. AVIATION SECURITY AMENDMENT BILL The purpose of the reform is to ensure that the 2004 most appropriately qualified person occupies the It is an unavoidable reality that national security position of President, regardless of whether or not remains a very high priority for this Government. they happen to be a judge of the Federal Court. It is also a reflection on our times that it is essen- The Bill also removes those provisions under the tial for us to continue to protect our transport Act which currently confer tenure on presidential system and its passengers against very real members who are also judges and allow for the threats. It is in this context that I present this Bill appointment of Deputy-Presidents or senior for the parliament’s consideration. members with tenure. This means all future ap- Aviation security is kept under constant review to pointment to the AAT will be for fixed terms. ensure that measures remain appropriate to cur- Tenured appointments reduce the flexibility of the rent intelligence on threats to Australian aviation. Tribunal to respond to its changing case load. Most recently, there was a comprehensive review of aviation security following a revised threat To ensure it is able to continue to meet the needs assessment issued by the Australian Security In- of its users, the Tribunal requires access to a pool telligence Organisation in July 2003. of appropriately qualified members. Tenured ap- pointments undermine the ability of the Govern- As a result of this aviation security review, the ment to ensure that the pool of available members Government announced a major expansion of the corresponds with the needs of the AAT and its nation’s aviation security regime on 4 December users. 2003. As a part of the expansion, background checking has been extended to a larger part of the This reform is also intended to provide consis- aviation industry in recognition of the nature and tency across the membership of the AAT. level of the threat. The threat assessment has In addition, the Bill modernises the vocabulary of highlighted pilot identification as an important the Act and inserts new headings to enhance the issue that must be addressed as part of aviation readability and user-friendliness of the Act. Terms security requirements in Australia. Ensuring that such as ‘serve’ and ‘furnish’ will be replaced with pilots and trainee pilots are subject to security plain English equivalents. These amendments checking will reduce the likelihood of persons
CHAMBER Wednesday, 17 November 2004 SENATE 5 who might pose a threat to aviation gaining ac- will include, but not be limited to, all flight crew cess to aircraft through legitimate means. and trainee flight crew licences. This is intended I acknowledge that some might see the need for to provide a mechanism preventing would-be such scrutiny of all our pilots as an unwelcome pilots assessed as having an unacceptable security imposition on an innocent group within our history from obtaining or retaining a pilot’s li- community. On the other hand, we must move cense. with our changing times, in which an aircraft in The procedure by which the Secretary of the De- the wrong hands has become a lethal weapon. partment of Transport and Regional Services will This Bill has two parts. The first part deals with come to such a decision, and the kinds of factors the issue of background checking of flight crew, which will have to be considered by the Secretary while the second part deals with minor amend- in making such a decision, will be set out in the ments mainly of a transitional nature. regulations. These provisions have been included in acknowledgement that denying a license is a I will not dwell on the minor amendments, which most significant decision that has to be seen to be deal primarily with transitional arrangements for based on valid security concerns rather than any programs approved under the Air Navigation Act form of arbitrary decision making. after the commencement of the Aviation Trans- port Security Act, but I will instead focus on the It is envisaged that these procedures will include changes to the background checking provisions. considering the results of a check of the person’s criminal history, their immigration status, and the Currently there are legislative impediments to the results of a security assessment conducted by most efficient implementation of the Govern- ASIO in relation to the person. This is the same as ment’s decision in relation to background check- checks undertaken on other aviation industry em- ing of flight crew and trainee flight crew. The ployees with access to aircraft and the secure most efficient process is to fully integrate back- areas of airports when they apply for an Aviation ground checking into the licensing process so that Security Identification Card (ASIC). we can all be assured that all holders of a pilot’s license have withstood rigorous, if confidential, In addition, the Bill will remove the impediment scrutiny of their background. to CASA having responsibility for aviation secu- rity. This is not intended to make CASA a secu- The legislative impediments are broadly the ab- rity agency, but rather to ensure that CASA is not sence of a head of power in the Aviation Trans- unnecessarily precluded from contributing to the port Security Act 2004 which enables the back- Government’s desired security outcomes through ground checking of pilots, and subsection 9(5) of the exercise of its functions. This is a further sign the Civil Aviation Act 1988, which prevents of our troubled times and the extent to which CASA from having responsibility for aviation ‘security is everybody’s business’: all government security. agencies, whether they are used to seeing them- This Bill will remove those legislative impedi- selves in such terms or not, have a contribution to ments and provide a background checking proc- make to our national security. This Government is ess that is both effective and efficient. doing everything it can to ensure that all of our The Bill inserts Division 9 ‘Security Status agencies work together in our quest for our na- Checking’ into the Aviation Transport Security tional security. Act. The changes contained in this Bill are part of a New Section 74F will allow the Secretary of the broader government strategy of ensuring that Department of Transport and Regional Services to sensitive transport infrastructure and the public at determine that a person has an adverse security large are protected from acts of unlawful interfer- status based on the results of background checks. ence with transportation. They will complement The effect of such a declaration will be that the the ASIC regime which applies at airports and the person is precluded from holding a security des- Maritime Security Identification Card system ignated authorisation. A security designated au- which will apply at ports. thorisation will be defined in the regulations and —————
CHAMBER 6 SENATE Wednesday, 17 November 2004
BANKRUPTCY AND FAMILY LAW Under these Schedule 1 amendments, the trustee LEGISLATION AMENDMENT BILL 2004 in bankruptcy can be a party to property or The Bankruptcy and Family Law Legislation spousal maintenance proceedings under the Fam- Amendment Bill 2004 is a part of the Howard ily Law Act 1975, and the court will have juris- Government’s continuing reform of both family diction over property that has become vested law and bankruptcy law. bankruptcy property. The court will be able to make an order against the relevant bankruptcy In particular, this Bill addresses the interaction of trustee as part of the property adjustment order, bankruptcy law and family law, and implements allowing the trustee effectively to stand in the key recommendations of the Joint Taskforce Re- port on the Use of Bankruptcy and Family Law shoes of the bankrupt spouse. Schemes to Avoid Payment of Tax (the Task- The effect of these amendments will be to offer force). procedures and protections to the non-bankrupt The most significant amendments contained in spouse that were not previously available. At the this Bill are designed to harmonise the law that same time, the court can be on notice about the applies to the division of assets upon insolvency interests of creditors of a bankrupt spouse, and and upon the breakdown of a marriage and, in can take those interests into account in determin- particular, to the interaction between the Family ing family property adjustment or spousal main- Law Act 1975 and the Bankruptcy Act 1966. tenance orders. There have been longstanding concerns about the Schedule 2 to the Bill will establish an enhanced uncertainty facing both bankruptcy trustees and regime for collecting income contributions under non-bankrupt spouses when these two areas of the Bankruptcy Act 1966. Currently, the Official law operate concurrently. Receiver can collect contributions to repay out- This Bill will make more comprehensive changes, standing creditors from a bankrupt wage earner’s partly under the Bankruptcy Act 1966, but mainly salary and/or bank accounts. However, the exist- focussed on powers and procedures in relation to ing provisions offer limited recovery of contribu- family property and financial arrangements under tions against a self-employed bankrupt. These the Family Law Act 1975. amendments will introduce a supervised account regime, giving the trustee access to all of the Schedule 1 contains amendments designed to bankrupt’s income before it reaches the bankrupt, clarify the rights of the bankruptcy trustee and the ensuring that the contribution scheme applies in a non-bankrupt spouse, and to offer certainty as to more even-handed and effective manner. the competing rights of creditors and the bankrupt spouse. Schedules 3 and 4 to the Bill contain amendments The amendments in Schedule 1 will enable con- that are designed to prevent people using finan- current bankruptcy and family law proceedings to cial agreements under Part VIIIA of the Family be brought together in a court exercising family Law Act 1975 to defeat the claims of creditors. law jurisdiction, to ensure that all issues are dealt The amendments will ensure that the existing with at the same time. This is achieved by giving ‘clawback’ provisions in the Bankruptcy Act 1966 courts exercising family law jurisdiction addi- can be used to recover transfers made pursuant to tional jurisdiction to deal with bankruptcy matters financial agreements. The amendments will also that are run concurrently with a family law finan- create a new act of bankruptcy which will occur cial matter, and by facilitating the bankruptcy when a person is rendered insolvent as a result of trustee’s and third party creditors’ involvement in transfers made pursuant to a financial agreement. family law proceedings. By merging the courts’ This will allow the bankruptcy trustee access to jurisdiction on bankruptcy and family law mat- dispositions of property made after that act of ters, in cases where these areas interact, the bankruptcy is committed. amendments will allow the courts exercising fam- The Government is committed to enhancing and ily law jurisdiction to consider the non-financial making the family law and bankruptcy systems contributions of a non-bankrupt spouse to the more accessible, efficient and effective and this acquisition of family property.
CHAMBER Wednesday, 17 November 2004 SENATE 7
Bill is part of the Government’s commitment to The Standards will cover government and non- that goal. government providers in all sectors: pre-school, Full details of the measures contained in this Bill school, vocational education and training, higher are outlined in the Explanatory Memorandum to education and adult and community education. the Bill. The Productivity Commission’s recent Review of ————— the Disability Discrimination Act identified ‘ex- clusion from, and segregation in, education’ as DISABILITY DISCRIMINATION ‘one of the most serious forms of disability dis- AMENDMENT (EDUCATION STANDARDS) crimination’. BILL 2004 Disability discrimination in education can mani- This Bill is an important precursor to the formula- fest itself in many ways, including refusal of en- tion of disability standards for the education of rolment, exclusion from sports or other activities, people with disabilities. negative attitudes and unsuitable or inflexible The Disability Discrimination Act 1992 provides criteria. that the Attorney-General may formulate disabil- This Bill will amend the Disability Discrimina- ity standards in a range of areas, including the tion Act to make it clear that disability standards education of persons with a disability. may require education providers to make reason- Draft Disability Standards for Education have able adjustments to avoid discriminating on the been developed over many years. Their develop- ground of disability in relation to education and ment has involved extensive consultation with training. government and non-government education pro- What is a ‘reasonable adjustment’ will depend on viders, the disability sector and other interested the circumstances of the individual case, but may members of the public. involve something as simple as allowing a student In June 2004 the Government released for public additional time to complete a test, or supporting information a final draft of the Standards, along the use of assistive computer technology. with accompanying Guidance Notes to assist in Education providers will not be required to make their interpretation. adjustments for students with disabilities if mak- The final draft of the Standards differs from the ing those adjustments would cause them unjusti- operation of the Act in minor ways. Therefore, it fiable hardship. is necessary to make minor amendments to the The Productivity Commission’s Review of the Act ensure that the Standards are supported to the Disability Discrimination Act also noted that the greatest possible extent. absence of an unjustifiable hardship defence after One amendment is to extend the defence of ‘un- the point of enrolment has created problems for justifiable hardship’ to aspects of education be- educational institutions. It may be inadvertently yond the point of enrolment. The others are to aggravating discrimination by being a disincen- introduce a new definition of ‘education pro- tive to providers to enrol students with disabili- vider’, and to clarify the position with respect to ties. ‘reasonable adjustments’ and the harassment and The Government considers that more inclusive victimisation of students with disabilities. education and training can play a significant role When implemented, the draft Disability Standards in changing broader community attitudes about for Education will specify how education and people with disabilities, and will play a crucial training are to be made more accessible to stu- part in preparing people for participating more dents and prospective students with disabilities, fully in the workforce. without imposing unduly onerous burdens on Passing this Bill is the next step in ensuring that education providers. They will clearly describe outcome. the obligations of education providers in relation to students with disabilities, and provide guidance ————— on how to meet those obligations.
CHAMBER 8 SENATE Wednesday, 17 November 2004
FAMILY LAW AMENDMENT (ANNUITIES) benefit from the concessional tax and income BILL 2004 security treatment of these products. The Family Law Amendment (Annuities) Bill While immediate annuities continue to exist as a 2004 is a part of the Howard Government’s con- product that can be purchased deferred annuity tinuing reform of the family law system. products are no longer available. This is primarily This Bill extends Part VIIIB of the Family Law because changes to superannuation legislation in Act 1975, which provides a regime by which recent years means that superannuation funds future superannuation payments can be split on now generally allow for retention or roll over of marriage breakdown, to certain annuity products. monies within the fund. The commencement of Part VIIIAA of the Family Australian Prudential Regulation Authority data is Law Amendment Act 2003 on 17 December 2004 that in December 2003 there was approximately combined with the passage of this Bill will com- $13 billion held by what is classified as annuities plete the Government’s promise in the 2001 elec- and other miscellaneous funds within the super- tion to ensure that life products can be split by annuation system. This represents about 2.3 % of parties on divorce, in the same way that couples all superannuation assets. are able to split superannuation interests. The appropriate treatment of annuity products Annuities are a financial investment product pri- was first raised as an issue by the financial ser- marily designed for use as retirement income. vices sector in 2001 towards the end of considera- They receive similar tax concessions and prefer- tion of the Family Law Legislation (Superannua- ential treatment for social security income and tion) Amendment Act 2001 which ultimately asset test purposes as superannuation products. It passed Parliament in June 2001. At that time it is therefore appropriate that the family law super- was decided not to include these products in the annuation regime applies to these products to superannuation regime primarily due to difficulty provide both certainty and consistency in the in defining these products. treatment of these products. Concerns about the treatment of annuity products The key distinction between superannuation and were also raised during Parliamentary considera- annuity products is that annuities are a contractual tion of Schedule 6 of the Family Law Amendment rather than a legislative product and annuities Act 2003. Schedule 6 inserts a new Part VIIIAA fund managers are not subject to the same regula- into the Family Law Act 1975 to allow the court tion that applies to superannuation fund manag- in property proceedings to make orders binding ers. third parties. The financial services sector in par- ticular was concerned that there was uncertainty This Bill provides extension of Part VIIIB to both surrounding how orders made about annuity immediate annuities, that is those already in the products by the courts under the new Part VIIIAA payment phase, and deferred annuities, those would affect its members. where payments of an income stream is yet to commence. The commencement of Schedule 6 was delayed for 12 months from Royal Assent, until 17 De- Annuity products are often purchased because the cember 2004, to allow time to consider further the particular superannuation fund from which the concerns that had been raised by the financial money has come from only allows for a lump services sector. Following consultations with the sum payment and an individual wants to receive financial services sector, the legal profession and the money as an income stream. Alternatively an the courts, this Bill addresses the concerns raised individual may have purchased an annuity prod- and will provide certainty about the orders that uct when they left a place of employment and the the court can make. particular superannuation fund to which they be- longed did not allow for retention of funds. Annu- This Bill will add a class of eligible annuities to ity products are a way to keep the money within the categories of eligible superannuation plans to the superannuation system and to continue to which Part VIIIB of the Family Law Act 1976 covers and remove that class of annuities from
CHAMBER Wednesday, 17 November 2004 SENATE 9
Part VIIIAA of that Act. A definition of an “eligi- annuity products between the passage of this Bill ble annuity” is proposed using the meaning of the and commencement. The Family Law (Superan- term “annuity” under the Superannuation Industry nuation) Regulations 2001 sets out requirements (Supervision) Act 1993. Under this definition the mainly relating to valuation and information mat- annuity must be treated for the purposes of Divi- ters, in relation to superannuation interests held sion 14 of Part III of the Income Tax Assessment by parties to a marriage on marriage breakdown. Act 1936 as being purchased wholly out of rolled To remove that annuity products are not subject to over superannuation amounts. orders under Part VIIIAA before those amend- One distinction in the operation of the current ments can be made. superannuation regime for annuity products is The Bill contains a provision to take annuity that the Bill does not contain a provision requir- products out of Part VIIIAA from the time it ing the preservation of the non member’s spouse’s commences on 17 December 2004. This will entitlement once splittable payments have com- mean that the provisions that currently apply to menced to be paid in respect of a deferred annu- them will continue to apply until the rest of this ity. A preservation requirement is usually some- Bill commences. The court can already make an thing like the attainment of retirement age or in- order under Part VIII of the Act in property or validity. spousal maintenance proceedings that a spouse For immediate annuities this is not an issue as the pay income he or she receives under one or more member spouse must have already met one of the of these products to the other spouse. However, preservation requirements and the money would the court can not bind third parties when making have already been part of the household income those orders. prior to the marriage breakdown. In these circum- The Bill also contains a provision to make it clear stances there is no requirement to withhold the that annuity products will not become a part of splittable payments to a non member spouse who Part VIIIB until commencement on Proclamation has not satisfied a preservation requirement. or 6 months from Royal Assent. This will ensure For superannuation monies which are in the appropriate time to finalise the necessary regula- growth rather than the payment phase there is tory regime. currently a requirement to preserve the non mem- The Government is committed to enhancing and ber spouses entitlement to a splittable payment making more accessible and efficient the family until they satisfy a statutory preservation limit, law system and this Bill is part of that commit- such as the attainment of retirement age. The ma- ment. jor purpose behind this requirement is to retain Full details of the measures contained in this Bill such monies within the superannuation system to are contained in the Explanatory Memorandum to be used as retirement income. the Bill. This different treatment for deferred annuities is ————— appropriate because in the case of deferred annu- FISHERIES (VALIDATION OF PLANS OF ity there is only a contractual not a legislative MANAGEMENT) BILL 2004 requirement for an annuity provider to only commence payments once a member spouse’s The Fisheries (Validation of Plans of Manage- preservation requirement is met. Without a statu- ment) Bill 2004 (the Bill) provides certainty tory regime to enforce preservation it is not ap- about the validity of certain plans of management propriate to seek to preserve the non member determined, amended and/or revoked under the spouse’s entitlement. The effect of this may be Fisheries Management Act 1991. It also provides that in some cases a splittable payment will be certainty about things done under or for the pur- made to a non member spouse who has not satis- poses of those plans. fied a preservation requirement such as retirement The Australian Fisheries Management Authority age. (AFMA) manages Commonwealth fisheries under Amendments will be required to the Family Law the Fisheries Management Act 1991 and the Fish- (Superannuation) Regulations 2001 in relation to eries Administration Act 1991. Under Division 2
CHAMBER 10 SENATE Wednesday, 17 November 2004 of Fisheries Management Act 1991, plans of nificant. It would undermine many of the existing management can be created for Commonwealth arrangements and rules underpinning the man- fisheries to establish the arrangements under agement of Commonwealth fisheries. This would which the resources are to be sustainably man- create uncertainty and instability within the indus- aged. try. A plan of management may determine a range of The Australian Government is of the firm belief matters for a fishery including the area, fishing that the plans of management will withstand any method and gear, the fishing capacity and target challenge and wants to ensure there is no scope species. It may also specify how AFMA will ad- for uncertainty about the status of the plans of just catch levels when there are changes in the management. size and structure of the stock, economic and The provisions of this Bill address this small legal social conditions in a fishery or other events that risk and put beyond all doubt the validity of exist- may impact upon the biological sustainability of ing plans of management determined, amended the stock or associated and dependent stocks. and/or revoked under the Fisheries Management A plan of management may also provide for the Act 1991 and things done under or for the pur- management of the fishery by means of a system poses of those plans. The Bill will have no affect of statutory fishing rights (SFRs) and other fish- on fishing operators, other than to ensure that the ing concessions, and may formulate procedures to current management arrangements relating to be followed for selecting persons to whom fishing their fisheries are certain. concessions are to be granted. It is put in place ————— following extensive consultation and review NATIONAL SECURITY INFORMATION processes. (CRIMINAL PROCEEDINGS) BILL 2004 Plans of management are an essential tool for the The protection of Australia’s national security is effective management of Commonwealth fisher- an obligation that the Government takes seriously. ies and have been put in operation for a number of years in some of the significant Common- An integral part of this obligation is the protection wealth fisheries. As such, it is important to ensure of information which, if disclosed, could damage that nothing can call into question the regime of our national security. access to resources under these plans and things As the Director-General of Security, Mr Dennis done under or for the purposes of those plans. Richardson, recently told the Australian Chamber In this respect, a legal audit was undertaken last of Commerce and Industry, year which identified that there is a potential ar- “Sooner or later, the protection of classified and gument that there may have been an inconsis- security sensitive information will be a critical tency in the process by which plans of manage- issue in a terrorism trial in this country.” ment were determined, amended or revoked be- The existing rules of evidence and procedure do fore July 2003 by the Managing Director or by not provide adequate protection for such informa- the Acting Managing Director of AFMA. tion where it may be disclosed during the course There is a small, residual legal risk that this po- of criminal proceedings. tential inconsistency may encourage some fishers As a consequence, the Commonwealth may be to challenge the validity of these plans, even faced with a choice between accepting the dam- though the plans of management were formulated age resulting from the disclosure of information correctly, with due regard to the proper consulta- or protecting that information by abandoning the tion and review processes. prosecution. The Australian Government is of the view that all The National Security Information (Criminal current plans of management are valid. However, Proceedings) Bill will strengthen the laws for it is important for industry that these plans are protecting information that is likely to prejudice placed beyond risk and are certain. The conse- our national security. quences of a successful challenge could be sig-
CHAMBER Wednesday, 17 November 2004 SENATE 11
The Bill is designed to enable information to be Several other provisions have been included to introduced during a federal criminal proceeding strengthen the Bill. in an edited or summarised form. The Bill provides for the court to give reasons for This will facilitate the prosecution of an offence its decision for admitting, excluding or redacting without prejudicing national security and the information or excluding a witness. rights of the defendant to a fair trial. The Bill ensures that a certificate of the Attorney- The Bill has been considered by the Senate Legal General will only lapse after the decision of the and Constitutional Legislation Committee who court in relation to the certificate is final, that is, reported on 19 August 2004 with 13 recommen- where no appeal has been lodged and the period dations. for lodging appeals has ended. The Government has considered the Committee’s A notice of information that is likely to prejudice report and has adopted several of the Committee’s national security will be provided to the Attorney- recommendations. General only. The Bill makes it clear that defendants and their The witness and the other party will be informed legal representatives can only be excluded from that a notice to the Attorney-General has been hearings in limited specified circumstances, given. namely where the legal representative does not A definition for the term “likely to prejudice na- hold a security clearance, and that courts will tional security”, has been included to mean a real retain the power to stay proceedings if the defen- likelihood and not a remote possibility. dant cannot be assured of a fair trial, consistent The requirement that a closed hearing be held to with Committee recommendations 6 and 13. decide whether to make an order in relation to the The Bill provides that the court must, in making disclosure of information for extradition proceed- an order in relation to the disclosure of informa- ings has been excluded. tion or a witness, consider whether the exclusion This is because extradition proceedings are not a of information or a witness would impair the abil- trial of the person for an offence, but merely de- ity of a defendant to make his or her own defence. termine whether an individual should be surren- This requirement is in addition to requiring the dered to another country to face trial in that coun- court to consider whether the exclusion would try. substantially affect the defendant’s rights to re- The admissibility of the evidence is then a matter ceive a fair hearing. for the trial court of the requesting state. These requirements are consistent with Commit- The Bill marks a significant change to the way tee recommendations 7 and 8. information that may affect our national security Closed hearings, in relation to information that is is used in federal criminal proceedings. the subject of an Attorney-General’s certificate, However, the new measures will not prevent a will be held by the trial court before the trial be- defendant from receiving a fair trial. gins, rather than as soon as the trial begins, con- sistent with Committee recommendation 9. The courts will retain the power to ensure that a trial is fair and the defendant is not disadvan- The Bill also provides that evidence in a redacted taged. or summarised form, approved during a closed hearing, can be adduced without it being argued In this way, the Government has struck the right in the trial itself that the form in which the evi- balance in protecting national security without dence is adduced is inadmissible. sacrificing the independence of the judiciary and the defendant’s right to a fair trial. In all other respects the normal admissibility dis- cretions of the court will apply, consistent with For this reason, I commend this Bill. Committee recommendation 11. —————
CHAMBER 12 SENATE Wednesday, 17 November 2004
NATIONAL SECURITY INFORMATION POSTAL INDUSTRY OMBUDSMAN BILL (CRIMINAL PROCEEDINGS) 2004 (CONSEQUENTIAL AMENDMENTS) BILL The Postal Industry Ombudsman Bill 2004 im- 2004 plements a Government election commitment to This Bill amends the Administrative Decisions establish a dedicated Postal Industry Ombudsman (Judicial Review) Act 1977 and the Judiciary Act (PIO). 1903 to give effect to the National Security In- Unlike a number of overseas postal administra- formation (Criminal Proceedings) Bill 2004. tions, Australia does not yet have a dedicated The Bill amends the ADJR Act to exclude a cer- PIO. As a result, consumers do not have a recog- tificate decision of the Attorney-General from nisable, dedicated and independent entity to deal section 13 of that Act. with their complaints about the provision of This means that an individual cannot request that postal services. the Attorney-General furnish a written statement The Bill will address this situation by inserting a setting out the findings on material questions of new Part into the Ombudsman Act 1976 to estab- fact and the reasons for the certificate decision. lish the PIO as a separate office within the office Due to the nature of a certificate decision, expos- of the Commonwealth Ombudsman. ing its underlying reasons could itself prejudice The Commonwealth Ombudsman currently has Australia’s national security. the authority to investigate actions taken by Aus- The Bill also amends the ADJR Act to include a tralia Post, and to recommend that it take appro- certificate decision of the Attorney-General priate action. However, the Commonwealth Om- within the definition of a ‘related criminal justice budsman does not have a high profile with regard process decision’. to postal complaints, and many consumers may be unaware of the Ombudsman’s role with regard This amendment will limit the jurisdiction of a to Australia Post. In addition, the Ombudsman court to hear a defendant’s application under the does not currently have the authority to investi- Act while a prosecution or appeal is before a gate complaints relating to postal operators other court, thereby ensuring that such an application than Australia Post, which are instead investi- will not delay the prosecution or appeal. gated by relevant State and Territory Offices of The Bill also amends the Judiciary Act to include Fair Trading. an Attorney-General’s certificate decision within To address these issues, the Bill will establish the the definition of a ‘related criminal justice proc- PIO as a high-profile office that will be responsi- ess decision’. ble for investigating actions taken by Australia This amendment gives the Supreme Court of the Post in relation to the provision of postal services. State or Territory in which the prosecution or The PIO will also be able to investigate actions appeal is before a court, jurisdiction with respect taken by other postal operators who choose to to any matter in which the defendant seeks a writ register with the scheme. of mandamus or prohibition or an injunction For private postal operators (PPOs), registering against the Attorney-General in relation to a cer- with the scheme may be attractive because it tificate decision. could be presented as a benefit to customers using It promotes administrative efficiency by ensuring their services. It may therefore provide a market- that the application for a writ of mandamus or ing advantage over their competitors. The PIO prohibition or an injunction is heard by the same will also serve as a final arbiter for the resolution court that is likely to hear the prosecution or ap- of difficult disputes, which will be of benefit both peal. to postal service providers and their consumers. This Bill offers a greater level of protection to Any operators who choose not to register will sensitive security-related information whilst also remain subject to the authority of State and Terri- promoting efficiency. tory Offices of Fair Trading. —————
CHAMBER Wednesday, 17 November 2004 SENATE 13
In many respects, the PIO will be provided with The PIO will also have the discretion to transfer similar powers to the Commonwealth Ombuds- an investigation to another statutory office holder, man. For example, the PIO will be able to require if it is considered that it could be more conven- a person to provide information in writing or to iently or effectively dealt with by that statutory attend before the PIO to answer questions. The office-holder. In combination, these transfer PIO will also be required to provide procedural measures will ensure that complaints are handled fairness to Australia Post, registered PPOs and by the Ombudsman or statutory office holder with their employees in the investigation of any ac- the most appropriate functions and duties to deal tions they have taken. with them. However, whereas the Commonwealth Ombuds- Some provisions in the Bill have been drafted man’s powers are tailored to the investigation of differently from provisions in the current Om- public sector administrative actions, the PIO’s budsman Act, even though they cover similar powers will be customised for the investigation of matters. This has been done to modernise the service delivery complaints in relation to both drafting style and to address other drafting issues, Australia Post and private operators. Moreover, as some of which may be considered during the cur- the PIO will have jurisdiction over non- rent review of the Act. For example, the current government entities which have voluntarily regis- Act separates the Ombudsman’s investigative tered with the PIO, the PIO will not have certain powers in relation to preliminary inquiries from powers that are considered unnecessary or which his or her other investigative powers. However, in would act as a deterrent to PPOs registering with practice the division of these powers is not reflec- the scheme. For example, it was not considered tive of the administrative practices of the Om- appropriate to provide the PIO with the power to budsman. They are, therefore, combined in the enter premises or to override a person’s claim to new Part. legal professional privilege. As the PIO will be an opt-in scheme for PPOs, Due to these differences, the PIO’s powers will the Bill provides that a register of registered PPOs complement rather than replace the Common- be maintained for administrative purposes and for wealth Ombudsman’s existing powers to investi- public information. The Bill provides that PPOs gate action taken by Australia Post. The Com- other than Australia Post may apply in writing to monwealth Ombudsman will retain existing pow- the PIO to be registered, and are taken to be regis- ers to investigate actions by Australia Post, and tered once the PIO includes them on the Register. will use these powers primarily to investigate A PPO may also apply in writing to deregister actions that are not related to the provision of from the scheme. However, the PIO will still be postal services. Examples of these types of action able to investigate a complaint about a PPO who are the handling of requests under the Freedom of has decided to de-register, so long as the action Information Act 1982, or the handling of pre- was taken while they were registered and the employment matters or employee compensation. complaint is received within 12 months of the Complaint transfer provisions in the Bill will action complained of. This provision is intended mean that complaints can be transferred from the to discourage PPOs from deregistering simply to PIO to the Commonwealth Ombudsman, and visa avoid having particular actions investigated. versa. These will mean that most, if not all, ser- The Bill provides that the PIO may charge Aus- vice delivery complaints against Australia Post tralia Post or a registered PPO fees to recover the will be dealt with by the PIO in a similar way to costs of conducting investigations relating to those against any other postal operator but, where complaints made about them. The details of the it is more appropriate to do so, complaints against cost recovery mechanism will be prescribed in Australia Post can still be dealt with by the regulations. Commonwealth Ombudsman. This will ensure that the full powers currently available for the ————— investigation of actions taken by Australia Post will remain available.
CHAMBER 14 SENATE Wednesday, 17 November 2004
SURVEILLANCE DEVICES BILL 2004 to the Commonwealth and will provide law en- Australia’s law enforcement agencies rely on a forcement agencies with access to the surveil- variety of law enforcement tools to catch and lance tools necessary to protect Australians and to prosecute serious criminals. investigate and prevent serious crime. One important tool is the use of surveillance de- The Bill allows officers of the Australian Federal vices which could be anything from a hidden Police, the Australian Crime Commission, a State microphone, an ordinary video camera to a track- or Territory police force or other specified agen- ing device. cies, such as the NSW Crime Commission, which are investigating a Commonwealth offence to use Yet today, the current surveillance device laws a greater range of surveillance devices than is available to Commonwealth law enforcement are currently available to these agencies. The Bill will not up to the job of policing in the 21st century. allow the use of data surveillance devices, optical The powers available to the Commonwealth also surveillance devices, tracking devices and listen- lag behind those available at the State level, both ing devices. in terms of the types of devices that may be used and the offences for which they are available. It is The Bill also allows the use of surveillance de- therefore imperative that law enforcement agen- vices for a wider range of offences than is the cies investigating Commonwealth offences are case under existing Commonwealth law. For ex- provided with this power so they can take advan- ample, surveillance devices may be used under tage of what surveillance device technology this Bill for the investigation of terrorist activity, makes possible, and what other jurisdictions per- people trafficking and child sex tourism. mit. The Bill also permits a law enforcement officer to This Bill began as an initiative of the Leaders’ seek an emergency authorisation, rather than a Summit on Terrorism and Multi-Jurisdictional surveillance device warrant, from a senior execu- Crime held on 5 April 2002. tive officer of the law enforcement agency for the use of a surveillance device in urgent circum- A Joint Working-Group of Commonwealth, State stances. and Territory officials was established by the Standing Committee of Attorneys-General and the The Bill provides for three such situations: where Australasian Police Ministers’ Council. there is an imminent threat of serious risk to a person or substantial damage to property, to re- The Joint Working-Group developed comprehen- cover an abducted child and where there is a risk sive model laws for all Australian jurisdictions to of losing evidence in relation to specified serious improve the effectiveness of cross-border crimi- Commonwealth offences, including terrorism, nal investigations in the areas of controlled opera- serious drug offences, treason and aggravated tions, assumed identities, protection of witness people smuggling. identity and the use of electronic surveillance. In recognition of the privacy implications of this These model laws were released in a public dis- Bill, the Bill imposes a range of important ac- cussion paper to solicit feedback from groups and countability measures. individuals on the suitability of the proposed powers. The most intrusive types of surveillance must be subject to the scrutiny of a judge or AAT member The Surveillance Devices Bill 2004 implements before the surveillance begins, or, in the case of the model laws on electronic surveillance, tailor- an emergency authorisation, within 48 hours after ing it to the needs of the Commonwealth. It also the authorisation has been given. implements several recommendations of the Sen- ate Legal and Constitutional Legislation Commit- Furthermore, the subsequent use, disclosure or tee report on the earlier version of the Bill which communication of material gathered by, or relat- was tabled on 27 May this year. ing to, a surveillance device is subject to stringent restrictions. For example, surveillance device The Bill will consolidate, expand and modernise product may only be used for a “permitted pur- the outdated surveillance device powers available pose” listed in the Bill. Furthermore, record-
CHAMBER Wednesday, 17 November 2004 SENATE 15 keeping requirements ensure that documents rele- The Government recognises however that broader vant to surveillance devices are kept to establish review of access to stored communications by our compliance with the law. agencies is required. Chief officers of law enforcement agencies using The amendments will cease to have effect 12 surveillance device warrants and emergency au- months after their commencement, during which thorisations must also submit detailed reports to time the Attorney-General’s Department will the Attorney-General, both after a warrant or au- conduct a review focussing on the most appropri- thorisation has expired and annually. ate means of access to these communications. The Bill imposes a duty on chief officers to de- As previously said though, the need for more stroy surveillance device material when it is not comprehensive review should not preclude the longer relevant to one of the permitted purposes enactment of amendments to address the opera- listed in the Bill. tional concerns created by the Act’s current appli- The Commonwealth Ombudsman has extensive cation. powers to ensure compliance with the Bill. The The amendments in this Bill address concerns Ombudsman must report on a six-monthly basis expressed by the AFP in relation to operational to the Attorney-General who in turn must table difficulties posed by the current interception re- these reports in Parliament. gime. I urge that this Bill be passed as a matter of prior- The Act was drafted almost 25 years ago, at a ity so that these important investigative tools are time when the Australian telecommunications made available to law enforcement as soon as systems consisted largely of land-based services possible. carrying live telephone conversations. ————— The Act was therefore built around a core concept TELECOMMUNICATIONS (INTERCEPTION) of communications passing over a telecommuni- AMENDMENT (STORED cations system. COMMUNICATIONS) BILL 2004 This concept has proven more difficult to apply to This Bill amends the Telecommunications (Inter- modern telecommunications services such as ception) Act 1979. voicemail, email and SMS messaging. These measures, which were first considered by The measures in the Bill are an urgent but tempo- the 40th Parliament, address obstacles faced by rary solution to operational difficulties experi- our law enforcement and regulatory agencies. enced by law enforcement agencies. It was disappointing that during the last session of The amendments will allow law enforcement and Parliament, the Opposition while, on the one hand regulatory agencies prompt access to stored applauding the amendments because they met the communications. urgent operational needs of our law enforcement The amendments do not however allow unregu- agencies, delayed the passage of the amendments lated monitoring of telecommunications services, by referring this Bill to a Senate Committee. such as e-mail, voice mail and SMS. This was despite the Senate Legal and Constitu- Access to stored communications will continue to tional Legislation Committee twice considering require an appropriate form of lawful access, such proposed amendments to the Telecommunications as consent, search warrant or other right of access (Interception) Act in relation to stored communi- to the communication or storage equipment. cations. The amendments will also facilitate measures to The Bill we have before us today will limit the preserve the security of information systems by existing prohibition against interception to real allowing access to stored communications. time transit of communications by excluding The amendments will at the same time ensure that communications that have been stored on equip- new technologies that may involve storage but ment from the scope of the Act. which are analogous to standard voice telephony,
CHAMBER 16 SENATE Wednesday, 17 November 2004 such as Voice over Internet Protocol services, are The Bill will put parties to an agreement in the protected in the same way as normal voice calls. position they would have been in, had they com- The Government remains committed to ensuring plied with the Electrolux decision when they that the interception regime keeps pace with tech- made or varied their agreement. nological developments. The Bill will ensure the validity of certified These amendments address the operational im- agreements and Australian Workplace Agree- pact of technology convergence in the immediate ments (AWAs) which were certified, approved or term, while recognising the need for further con- varied under the Workplace Relations Act prior to sideration of this issue. the High Court’s ruling in Electrolux. While Elec- trolux is concerned with certified agreements and It is important and in the national interest that this contains no direct reference to AWAs, the Gov- Bill be expeditiously dealt with and I seek the ernment believes that there is an equivalent need Opposition’s co-operation in achieving this out- to ensure validity, and hence certainty, for the come. parties to AWAs. ————— The Bill will provide that where an agreement WORKPLACE RELATIONS AMENDMENT was certified, approved or varied prior to 2 Sep- (AGREEMENT VALIDATION) BILL 2004 tember 2004 but contains matters that do not per- This Government is committed to a workplace tain to the employment relationship, these matters relations system that works. Agreement making will not be considered to affect the validity of the under the Workplace Relations Act 1996 has agreement’s certification, approval or variation. benefited Australia economically, socially and The Bill will only validate agreements certified industrially. This Bill will provide certainty to prior to 2 September 2004, the date on which the those employers and employees who have en- High Court handed down its decision in Elec- trusted their working arrangements to the federal trolux. agreement making system. Consistent with the Electrolux decision, matters The Bill responds to the High Court’s recent deci- which do not pertain to the employment relation- sion in the Electrolux case that federal certified ship but which are incidental or ancillary to that agreements must only contain clauses that pertain relationship, or machinery provisions, will be to the employment relationship. The Government validated. agrees with the High Court’s findings in Elec- However, the Bill will not validate those parts of trolux and welcomes the ruling that a union bar- an agreement that do not pertain to the employ- gaining fee, forced upon non-union workers, can- ment relationship. To do so would go beyond the not form part of a certified agreement. decision in Electrolux that an agreement must The majority judgements in Electrolux suggest only contain matters that pertain to the employ- that existing agreements that contain provisions ment relationship. The High Court ruling was that do not pertain to the employment relationship consistent with the legislative intent of the WR may not be valid because the Australian Industrial Act and with many years of court and Australian Relations Commission did not have jurisdiction to Industrial Relations Commission decisions that certify them. There has been some confusion have required other industrial instruments to con- among the unions and the business community tain only matters pertaining to the employment about the implications of this decision. relationship. The Government is determined to address the It will be up to the parties to determine how to concerns of employers and workers across Aus- address the aspects of their agreement that do not tralia in putting forward this Bill. Not to remedy pertain to the employment relationship. If the the uncertainty raised by the Electrolux decision parties to an agreement wish to honour non- would be unjustifiable, particularly in the lead up pertaining matters, they are free to do so through to the Christmas holiday period. formal or informal arrangements.
CHAMBER Wednesday, 17 November 2004 SENATE 17
The Bill will also not remedy other defects in the Spring sittings (2004): certification process. If an agreement is invalid as Tuesday, 16 November to Thursday, a result of some other flaw in its making, certifi- 18 November cation or approval, this Bill will not render it Monday, 29 November to Thursday, valid. 2 December The Government is determined to ensure agree- Monday, 6 December to Thursday, ments entered into by businesses are upheld and 9 December enforced and that unions are not able to exploit the potential invalidity of agreements. Unions Summer sittings (2005): have publicly discussed a campaign to use poten- Tuesday, 8 February to Thursday, tial invalidity as a trigger to reopen negotiations 10 February with employers regarding their members’ terms Autumn sittings (2005): and conditions. Unions in the electricity and con- struction industry have already tried to take ad- Monday, 7 March to Thursday, vantage of uncertainty caused by the Electrolux 10 March decision by pressuring businesses to re-negotiate Monday, 14 March to Thursday, agreements. This Bill will ensure that employers, 17 March and employees, who have negotiated, and oper- Budget sittings (2005): ated under, agreements in good faith will not be Tuesday, 10 May to Thursday, left vulnerable to industrial action and coercion. 12 May The Bill does not seek to validate past protected Winter sittings (2005): industrial action that was taken to support claims for matters that do not pertain to the employment Tuesday, 14 June to Thursday, relationship. Parties could not have reasonably 16 June expected that protected action was available to Monday, 20 June to Thursday, support claims for non-pertaining matters. Fur- 23 June ther, validating past industrial action would be Spring sittings (2005): complex and practically difficult. However, the Government considers it would be highly unde- Tuesday, 9 August to Thursday, 11 August sirable for parties to exploit uncertainty in rela- tion to past industrial action by initiating or Monday, 15 August to Thursday, threatening legal action. 18 August There is currently some uncertainty in the com- Monday, 5 September to Thursday, munity about the validity of working arrange- 8 September ments set out in both collective and individual Monday, 12 September to Thursday, agreements. This Government is determined to 15 September ensure the certainty of current arrangements for Tuesday, 4 October to Thursday, employers and employees. 6 October BUSINESS Monday, 10 October to Thursday, Rearrangement 13 October Senator IAN CAMPBELL (Western Spring sittings (2) (2005): Australia—Minister for the Environment and Monday, 7 November to Thursday, Heritage) (9.35 a.m.)—I move: 10 November That the days of meeting of the Senate for Monday, 28 November to Thursday, 2004 and 2005 be as follows: 1 December.
CHAMBER 18 SENATE Wednesday, 17 November 2004
Senator BARTLETT (Queensland— could say that it is smart politics by the gov- Leader of the Australian Democrats) (9.35 ernment to put things off until it has the a.m.)—I would like to speak to this motion numbers and can then do what it wants. But on the days of meeting of the Senate. Sena- this is a pretty clear indication right from the tors would probably be aware that the Aus- start that the Prime Minister’s statement that tralian Democrats expressed concern a num- the government will not let its new power in ber of times in the previous parliament about the Senate go to its head, that it will ensure the limited number of sitting days that the that the Senate will still be able to function in Senate met to consider legislation. For those its role as a house of review is, once again, who are not aware of that, I am sure they just a lot of hot air. Right from the start we would enjoy looking through the Hansard are being given a pretty clear sign of the and reading some of my speeches on the government’s intent to avoid full scrutiny at matter. a time when the Senate still has the maxi- Senator Ferguson—I don’t know that mum ability to do so. they would. I fully accept that the election result is le- Senator BARTLETT—I am sure that gitimate and democratic and that the gov- you would. ernment will have control of the Senate from the second part of next year. I complain Senator Payne—Insomnia is a terrible about that because I think it is a bad thing, disease. but I do not negate the legitimacy of it. I Senator BARTLETT—That is most un- think it is a very unfortunate situation that fair. The number of days proposed by the the overall number of sitting days for the acting Manager of Government Business for Senate changes next year. Even when you the Senate to consider legislation, not so add in the much heavier sitting program in much for this year but for 2005, has hit a the second half of the year, in historical new low. Although it has already been pub- terms it is right at the bottom end of the licly commented on, this is the first opportu- numbers of sitting days, particularly when nity to say in this chamber that the number of you consider the fairly large amount of legis- sitting weeks in the first half of next year is lation that the parliament now deals with, totally derisory. In over seven months alongside the literally thousands of disallow- through to the start of August, there are only able instruments and regulations and ordi- six sitting weeks and three of those are short nances that are tabled and require the scru- weeks that do not include a sitting day on the tiny of senators. Monday. So in effect we are down to 21 sit- Even with the second half of next year ting days, which is just over five of the nor- having a much larger number of sitting mal four-day sitting weeks, in the first seven weeks—there are eight sitting weeks in the months of next year. final four months of the year—when you add It is no secret that during the first six all the sitting weeks together it is still an in- months of next year the government will not credibly small number by historical stan- have control of the Senate. This is a fairly dards. Calculations by the Democrats sug- blatant attempt by the government to prevent gest that it is the lowest number in a non- the Senate from being able to properly scru- election year certainly since the end of the tinise and properly debate legislation during Whitlam era, when Mr Fraser got into gov- that period when the government does not ernment in 1975-76. The number of sitting have control of the Senate. In one sense you days is right down there, even when com-
CHAMBER Wednesday, 17 November 2004 SENATE 19 pared with the low number of sitting days So this motion is the first sign, and it is that you tend to get in an election year. I as- not a good sign, that the government’s com- sume that next year will not be an election ments about treating its new-found power in year so having such a low number of sitting the Senate with respect are not likely to be days, even after adding the number of sitting followed through in practice. As I said, the days for the second half of the year when the Democrats acknowledge the democratic le- government will have the numbers in the gitimacy of the government’s control of the Senate, is another indication of the lowering Senate from the second half of next year but of the respect that this government has for we do not believe the government should the Senate and for the parliament. It is the avoid the democratic legitimacy of the exist- continuing escalation of an approach that ing Senate by preventing the Senate from seeks to avoid not just the Senate but the sitting until that time. At the election the parliament as a whole as a legitimate mecha- government did legitimately get the majority nism for debate, for the expression of opin- of the seats in the Senate from the second ions and for the scrutiny of government ac- half of next year; I think the public clearly tivity and seeks to take the activities and the did give the government the keys to the Sen- power base of the government outside the ate but they did not give them permission to parliament altogether. trash the place. The Democrats will certainly This is a very serious problem that has continue to do what we can to ensure that the been spoken about a number of times in the government do not trash the place. We will past by the Democrats. Indeed prior to the have to look at other mechanisms to try to election I moved a motion to insert extra ensure that that can be done. weeks into this sitting year, which was not Senator LUDWIG (Queensland) (9.43 supported. I flagged that it may be appropri- a.m.)—The issue of sitting hours is of con- ate for the Senate to consider amending its cern. The opposition takes the matters of the timetable a bit down the track to add extra Senate very seriously and expects that the sitting weeks to the first part of next year. government will ensure that the legislative That is certainly something that needs con- program has sufficient time in which to be sideration and I urge the opposition also to dealt with appropriately. Within the confines give consideration to it. At this time, whilst I of the program that has been set it does ap- will not oppose the motion, because obvi- pear at first instance to be a little short in the ously we need to have some sitting days, it is first half, which is of concern to the opposi- important to draw attention to the fact that tion. We do not want to see the first half of this is an incredibly low number of sitting the year end in a rush, as sometimes hap- days. By historical standards this is the low- pens, where the program gets compacted and est number of sitting days in 30 years, and we end up with fewer hours than necessary the amount of legislation we deal with these and the government’s legislative program days is much greater than that dealt with 30 does not get the scrutiny it should receive. years ago. On top of that is the added insult We then have this ridiculous period at the of the incredibly low number of sitting end of June when the government seeks extra weeks during the first part of the year—in sitting hours to deal with the program, when fact right through until August—when the they could have ensured that the first half of government will not have the ability to so the year had sufficient sitting days so that the easily control what happens in the Senate. program could run in an orderly fashion. The second half of the year does seem to be more
CHAMBER 20 SENATE Wednesday, 17 November 2004 like the patterns that have existed in the past, We now have a legislative program with a and we will still end up with a program number of bills before us, some of which the where the government seeks additional hours government have sought to exempt from the at the end of the sitting program to deal with cut-off. I will deal with that argument at a matters before the Senate. subsequent time. Labor understand that there We know that from 1 July the govern- are matters that might have priority that the ment’s will may be imposed upon us. We government have to progress. We hope that hope and expect that they will continue to they will come to us and explain those priori- adhere to the principles that have been es- ties in a clear way and inform us of the ur- poused in the Senate chamber on many occa- gency of bills that they may have to deal sions. We hope that they will continue to with during the truncated sitting period be- ensure that there is proper scrutiny of legisla- fore the recess. For its part, Labor will deal tion, that there is sufficient time to ensure the with the government’s legislative program on legislative program is dealt with in an appro- its merits and will continue to treat the legis- priate way and that we do not end up in the lative program that is put up to us in a prin- position where additional hours are sought, cipled way, as we have always done. and generally granted by us, to ensure proper The ACTING DEPUTY PRESIDENT scrutiny at the end of the sitting pattern. We (Senator Ferguson)—I call the youthful, old note that there is a new Manager of Govern- Manager of Government Business in the ment Business in the Senate and we con- Senate. gratulate the ‘old’ Manager of Government Senator IAN CAMPBELL (Western Business—he is acting today because I un- Australia—Minister for the Environment and derstand that Senator Ellison is away, doing Heritage) (9.48 a.m.)—I feel a lot younger good business I suspect—for the work he has today than I used to. The first point that done in the Senate. should be made in response to the comments The opposition has had a good working of Senator Bartlett is that the only difference relationship with the government in ensuring in next year’s sitting program—and I think that the legislative program is dealt with— Senator Bartlett and Senator Ludwig have not so much the arguments; we can disagree recognised this—is that Easter falls earlier on substance—and managed in a reasonable than normal. That is the reality. Historically, way. I thank the former Manager of Gov- the Senate sits in February and March up ernment Business in the Senate for his hard until Easter. In the coming year Easter falls work in ensuring that that has occurred. I early. It is said that the government have a expect and hope that the new Manager of new flush of arrogance. In two subsequent Government Business in the Senate will con- elections the people of Australia have voted tinue the similar tradition. I do not know who substantially for coalition senators in all of provided the program before us today, but I the states, in two exercises of democracy would expect the new manager to certainly across the great democracy that we are all take on board the comments I have made to proud to live in, and this has in fact given us ensure that the program is a sensible program a majority post midnight on 30 June next and not to treat the Senate with contempt. I year and, all of a sudden, we have become hope the government ensure that they do not arrogant and we are going to change the sit- become arrogant—as it appears they are—in tings schedule. That is not the fact. The fact respect of how the sitting pattern might be is that there is a lunar association for when framed in the future. Easter is set, which is the phases of the
CHAMBER Wednesday, 17 November 2004 SENATE 21 moon. I thought Senator Bartlett would un- concludes with Good Friday on the 25th. On derstand that more than most of us. He is a the odd occasions in the past when we have character who understands celestial things; sat in the week before Easter, we were al- he is a child of the age of Aquarius. I would ways struggling to get people home on the have thought he would understand that, Thursday before Easter, so sitting a couple of would have appreciated it and celebrated it, days before Easter is never a very sensible quite frankly. option. That is the reality. The sitting sched- Senator Bartlett—Do you want to come ule for 2005 is identical to the sitting sched- out and make it with me in the moonlight? ule for virtually every recent year, with only one exception—that is, that Easter falls early. Senator IAN CAMPBELL—Let’s not The government does not control that. As I get too carried away. But that is the fact. understand it—I do not study these things— Look at the schedules—and I invite any there is an association between the phases of member of the public or certainly any sena- the moon and when Easter is celebrated. It is tor to go back through the sitting schedules, the phases of the moon that establish when as Senator Bartlett has—and see where Easter is in 2005, which has constrained the Easter falls. That is the reality. We could sitting weeks. have sought to bring the Senate back a bit earlier in February and squeezed in another It is a bit fraught looking back—prior to few days that way. The practical reality of 1990, in particular—in relation to the num- managing people who propose to come back ber of sitting days. Senator Knowles, who is earlier at the end of the summer recess is in the chamber, would remind us, if we asked that, although people get up in the Senate her, of a decision the Senate made in early and say, ‘Let’s sit longer hours and come 1990. I recall that, as a very old Manager of back earlier,’ when you mention that to op- Government Business. I was actually here at position senators or even Democrat senators the time— in airport lounges they all say, ‘Thank you Senator Ludwig—You were the longest for not bringing us back early in February. serving. Thank you for bringing us back on the 8th Senator IAN CAMPBELL—The longest and not back on the 1st.’ There is not a single serving Manger of Government Business in person who would say, ‘Let’s come back the history of the Commonwealth; that is earlier,’ particularly after an election year. right. In 1990 the Senate, in its wisdom—and That is the reality. I mean that quite sincerely—made a con- We have all had a very long year. We have scious decision to send more of the legisla- all worked very hard in our own ways during tive work off to committees. I was part of the election campaign, trying to explain our that decision, I expect, although I was not policies to the people and seeking to get part of the deliberations leading up to it be- them to vote for us. The reality for next year cause I only arrived here in May 1990. It was is that we are coming back at the beginning thought that committees could do a lot of a of the second week of February. That is nor- lot of the work that was otherwise done in mal. We are adjourning the Senate the week the Committee of the Whole—the investiga- before Easter, which is absolutely normal. If tion of amendments, going out to the com- you look at the schedule for 2005 you will munity, getting interest groups to come in. In notice that the week before Easter com- the Committee of the Whole, the community mences with Canberra Day on the 21st and groups can really only communicate with
CHAMBER 22 SENATE Wednesday, 17 November 2004 you via fax, smoke signals and telephone case for committees moving around capital calls. In 1990 facsimiles were relatively new cities for some legislation. I think it was technology, I suspect. Senator Ellison, the new Manager of Gov- The Senate decided to give up Friday sit- ernment Business—whom I congratulate on ting days. We certainly sat on Fridays when I his appointment—who led the push, with a first got here in May 1990. I think we then number of other coalition senators and with stopped sitting on Fridays and called Fridays Christabel Chamarette, to have the native ‘committee days’. We were all told that we title legislation and the land fund legislation were not meant to go home on Fridays—that scrutinised around the country. It is entirely the Senate would effectively break up into appropriate, when you are passing laws that committees, to which legislation could be affect Aboriginal communities around the referred, and that these committees would country, that you travel to those communities meet and hold hearings on Fridays, generally and take evidence from them—something in Canberra and generally over a day, and the Labor Party never did when it was in interest groups would come in. From time to government. It did not talk to the Aborigi- time committees would go to other capitals nals. It created legislation and then said, on those Fridays and other days— ‘This is how it is going to be.’ Senator Knowles—Very rarely. We chose, as an opposition in the Senate, to go around and communicate with Abo- Senator IAN CAMPBELL—As Senator riginals. That is an appropriate thing, and the Knowles says, quite rarely. The Senate made coalition will not stand in the way of that, a decision to sacrifice a sitting day to create a but we will stand in the way of 35-week in- committee day. If we take the partisanship quiries into Medicare legislation or building and the name calling out of the debate and and construction legislation. Thirty-five- ask how the Senate has evolved in the time week delays in committees are totally outra- since 1990, when that decision was made, a geous. If I have any influence on how we lot more work is done in committees. A lot conduct ourselves when we have a majority, more scrutiny of legislation takes place in then we will certainly ensure that the Senate those committees. That sometimes frustrates committee system is respected and upheld the government. We do not like committees and fulfils its historic role as an appropriate, that sit for 35 weeks looking into a piece of sensible and sound reviewer of legislation legislation. I do not think anyone can say that and recommender of improvements and is thorough consideration of legislation. It is amendments. That works well. As Senator nothing other than a form of obstruction and Knowles will remember and as you will re- delaying the vote of the Senate. member, Mr Acting Deputy President Fergu- As I have said in the days since the elec- son, as the committee workload expanded, as tion—as someone with experience as Man- the number of bills going to committees ex- ager of Government Business for over eight panded and as the time for those inquiries years—the government will continue to en- expanded, the time spent in deliberation in sure that Senate committees can scrutinise the Committee of the Whole did not contract. legislation, but if we have a say in how long In fact, it got longer, as well. those bills are before committees, we would Senator Knowles—It did originally. want to see a reasonable hearing. Some bills will take four weeks or five weeks to be Senator IAN CAMPBELL—It did origi- properly scrutinised and there is a legitimate nally because we stuck by the rules. We
CHAMBER Wednesday, 17 November 2004 SENATE 23 would do the Friday committees, we would engage in debate and the cut and thrust of report back on the Monday and the bill these matters and to improve the quality of would be passed. That is often ignored by the debate, it will have the leaders and whips people who look back at the raw statistics meeting in the first week of the sittings—let and do not understand or know what oc- us say, February 8th— curred in terms of the Senate’s operating Senator Ludwig—That’s a long way procedures. from ours. The other thing that I would ask people to Senator IAN CAMPBELL—No, it is not look at—and it is something I have been actually. This is my parting shot and my part- pushing for eight years with a total lack of ing recommendation as the outgoing man- success; in fact, abject failure—is what oc- ager. curs in the Senate, and I explained this in a Senator Ludwig—Leave it to Senator short briefing session to Senator Ellison yes- Ellison. terday. The Senate will have a program of, typically, 40 or 50 bills at the beginning of a Senator IAN CAMPBELL—I will. I normal session. I think we have a list of strongly suggest and recommend that the about 25 bills we would like to progress be- Senate does this. Senators should sit down fore Christmas. We will be presenting that with a list of 30 or 40 bills and say, ‘Let’s list to the public and to the chamber in a allocate times to them at the beginning of the short time with explanations as to why we session and let’s ensure that through consen- would like to see those bills passed. What sus we get Senator Brown’s views, Senator traditionally happens is that we have one or Bartlett’s views, Senator Harradine’s views, two contentious bills in a five-or six-week the views of the coalition and the views of sitting which will dominate the time of the the opposition.’ We should ask: ‘Who wants chamber. Sometimes this chamber will sit to talk about these bills?’ If it is a Medicare and pass no legislation whatsoever for a fort- bill it will be 12 hours, if it is a customs bill night sitting, except for the non-controversial it might be four hours and if it is a tax bill it bills passed on Thursday. We will naturally might be five hours. We should allocate the get to the end of the sittings with two or time by saying: ‘Here’s the chunk of time we three of the bills out of a list of 40 or 50 have in the next six weeks. Let’s break it up passed and we will have a leaders and whips to a reasonable amount for each bill and meeting where we present a list of 38 or 42 spread the load.’ If we go a bit too far on one bills that could have been deliberated on dur- bill, we know we will have to take an hour or ing the five or six weeks of sitting but were two off another one, but let us manage it not because the Senate has taken such a long with— time to consider two or three bills that are Senator Ferris—Commonsense. controversial or important to a particular Senator IAN CAMPBELL—common- group of senators. Then in the last two or sense or, as I call it, a sensible time manage- three days we pass 15, 20, or 25 bills. ment system for the Senate. I have always said that that is not a very Senator Ludwig interjecting— good way to manage the Senate’s time. If the Senator IAN CAMPBELL—We think a Senate wants to be sensible about using its stitch in time could save nine, Senator time and ensure that legislation is given Ludwig. That is my suggestion. Senator proper debate and scrutiny in the Committee Ludwig is clearly not sharing my incredibly of the Whole, if it wants more senators to
CHAMBER 24 SENATE Wednesday, 17 November 2004 sensible suggestion. That is what I would be Community Affairs doing; that is what I recommend we should Family and Community Services do. The best way to do it would be prior to Health and Ageing 21 July so that it can be done in a non- Economics partisan and consensual way. The last thing you want to do is impose that sort of system, Treasury but I think it makes enormous sense. I know Industry, Tourism and Resources it will be hard to do it. I see Senator Brown Employment, Workplace Relations and is looking very receptive. He is sort of nod- Education ding and thinking, ‘Yes, that’s a sensible Employment and Workplace suggestion.’ I hope that Senator Ellison in his Relations time as the manager is able to progress that. Education, Science and Training That is the explanation. The key point to Environment, Communications, make is that the moon was responsible for Information Technology and the Arts the lack of sitting days early in the session. Environment and Heritage I conclude by thanking Senator Ludwig Communications, Information Tech- for his kind remarks and for his cooperation nology and the Arts in his time as manager. I have enjoyed my Finance and Public Administration time as manager. I want to very quickly Parliament thank all of those people who have assisted Prime Minister and Cabinet me—the clerks, particularly lately Rosemary Laing; Tracy Pateman, the PLO, and the Finance and Administration PLOs before her; and Scott Faragher, my Human Services adviser, who has assisted me in that role. He Foreign Affairs, Defence and Trade actually does most of the hard work with Foreign Affairs and Trade Tracy. It is a particularly tough job. I would Defence (including Veterans’ Affairs) also like to thank the whips who have served Legal and Constitutional me during that period. I reiterate: it is a very Attorney-General important job; it cannot happen without co- operation. I wish Senator Ellison every suc- Immigration and Multicultural and cess in this job in the future. Indigenous Affairs Rural and Regional Affairs and Question agreed to. Transport COMMITTEES Transport and Regional Services Allocation of Departments and Agencies Agriculture, Fisheries and Forestry. Senator IAN CAMPBELL (Western Question agreed to. Australia—Minister for the Environment and NOTICES Heritage) (10.03 a.m.)—I move: Postponement That the continuing order relating to the allo- cation of departments and agencies to standing Senator IAN CAMPBELL (Western committees be amended to read as follows: Australia—Minister for the Environment and Departments and agencies are allocated to Heritage) (10.03 a.m.)—I move: the legislative and general purpose stand- That government business notices of motion ing committees as follows: Nos 16 and 17, standing in my name for today,
CHAMBER Wednesday, 17 November 2004 SENATE 25 relating to consideration of legislation, be post- privilege, because it signals that the policies poned till a later hour. of the government have been endorsed not Senator BROWN (Tasmania) (10.03 only by the members of this government but a.m.)—I wonder whether the good senator by the Australian population in this great would be good enough to tell us why those country of ours. postponements are being made and until We on the government benches do not when. take the election victory lightly or smugly. The ACTING DEPUTY PRESIDENT We have sought to govern for all Australians (Senator Ferguson)—He did say ‘until a no matter what their political beliefs may be. later hour this day’. We will continue to do so in the national in- Senator IAN CAMPBELL (Western terest and for the prosperity of all. This is not Australia—Minister for the Environment and like some game where the winner takes all. Heritage) (10.03 a.m.)—I understand the This is a serious business of making and im- explanation is that we are trying to have dis- plementing policies that will benefit every- cussions and so forth. We do not want to one. bring the matters on until we have had those While we were able to proudly stand on a discussions. It will be this afternoon, proba- record of getting more people into work, bly in housekeeping at 3.30. I expect we will solid job growth that has delivered a 27-year do so just after 3.30. low in unemployment, low inflation and in- Question agreed to. terest rates, real wage increases and increas- ing wealth and incomes, the job is far from GOVERNOR-GENERAL’S SPEECH complete. The Howard-Anderson-Costello Address-in-Reply government intends to provide more and Senator KNOWLES (Western Australia) more tax relief where the capacity is avail- (10.04 a.m.)—I move: able. This is something that our predecessors That the following address-in-reply be agreed were unable to deliver. His Excellency noted to: yesterday that with the government’s tax To His Excellency the Governor-General cuts, 80 per cent of taxpayers will pay a mar- ginal tax rate of no more than 30 per cent. MAY IT PLEASE YOUR EXCELLENCY— We, the Senate of the Commonwealth of Aus- As the Prime Minister said in his speech at tralia in Parliament assembled, desire to express the coalition campaign launch, Australians our loyalty to our Most Gracious Sovereign and ‘want a Prime Minister who understands to thank Your Excellency for the speech which them and will let them get on with their lives you have been pleased to address to Parliament. and will give them freedom and choice and It is my great honour and privilege to be opportunity’. That is the way this govern- called upon by the Prime Minister and Sena- ment intends to proceed into its fourth term. tor Robert Hill to move the address-in-reply The Howard government has provided the to His Excellency’s speech at yesterday’s best economic conditions since World War opening of the 41st parliament. This is a very II, with high business confidence and high special occasion because it signifies the re- consumer confidence. Added to this, it has election of the Howard government for its put more money back into Australians’ pock- fourth term, and that has been granted as the ets by lowering personal taxation, providing wish of the Australian people. To be part of more relief for families and for carers, dou- such an occasion gives one a real sense of bling the spending on health, creating greater
CHAMBER 26 SENATE Wednesday, 17 November 2004 and more practical safety nets for those most morrow. To have a well-educated child is to in need, providing better facilities for the have an adult with the best possible chance aged, honouring our global commitment to of lifetime success. To ensure that literacy genuine refugees, practically assisting small and numeracy is not an optional extra in business and creating better education and schools is something that this government is skills development opportunities for so making happen—and it is happening with many. This is by no means an exhaustive list great progress. To assist into trades and ap- of achievements, because there are too many prenticeships teenagers who do not aspire to to list here today. However, it needs to be go to university will help fill much-needed noted that all this has been done while repay- jobs where there are skills shortages and will ing $73 billion of the $96 billion debt inher- allow them to enjoy success and prosperity. ited from Labor. We must get away from the culture that, if While I did not contest the last election, I someone does not wish to go to university, was not prepared to sit back and just hope for they are a failure. There are many, many the re-election of the government. Anyone trades out there which desperately need who has been part of the Howard govern- good, qualified people. They can then pro- ment could not help but be enthused and mo- gress to running their own companies. That tivated to ensure that the last 8½ years of is something we need to get into the schools, excellent policy development progress this and we need to ensure that educators and country has made will not be wasted. A students alike know and appreciate that there change of government at this stage of Austra- is a future for them. lia’s progress would have signalled a direc- We have a responsibility to convince teen- tion that I believe would have been negative agers that they are very much part of the for all: children, the young, young adoles- country’s success, whether they be in a trade, cents, the baby boomers and the aged. All of in law, in medicine or in any other profes- them would have been worse off. We need to sion. The expectations currently placed upon continue to create greater incentive for small some of our youth are unrealistic if all the business whereby people can have a go, can options available to them are not promoted. develop and can go out and really succeed, Our education system needs to concentrate while providing job opportunities for others. more on teaching about governance and poli- But in the end they are providing security for tics. Many children—and many adults, for their own futures. that matter—do not know enough about our We cannot compromise on the mission to systems of government. They should and get people to save. Helping and guiding peo- must know more because in time they are the ple to do so will ensure that they avoid the ones who will need to participate in an active poverty traps later in life. We can no longer way in the governance of this country. afford the attitude of ‘spend now and worry His Excellency referred to Australia’s De- about the consequences later’. As His Excel- fence Force capabilities. This is an area lency noted in his address, the nation is age- where Australia must not ever be seen to ing, and that will place greater pressure on compromise. International and regional secu- the health and welfare resources of the coun- rity challenges will be ever present in the try. We therefore must provide the greatest world in which we now live. No Australian opportunity for all to enable them to contrib- government should ever give a quarter where ute to the nation’s wealth. That must start global security is concerned. A substantial with educating the children of today and to- part of that strength is maintaining a strong
CHAMBER Wednesday, 17 November 2004 SENATE 27 alliance with the United States of America It is also my hope that, much sooner rather and maintaining strong relations with our than later, the state governments will stop Asian neighbours. holding their hands out for money from the The government continues to provide federal government to provide the services more and more assistance to families, carers, that are strictly within their areas of respon- the Indigenous and women. Carers were sibility. We need to look back at a little bit of overlooked in the 13 years prior to the How- fairly recent history. The states sought a ard government. That is why there was such guaranteed source of funding from the a need to provide greater flexibility for those Commonwealth so as to avoid having to go carers who also wish to work, train or study through the undignified and somewhat un- and also for those carers who look after adult predictable COAG process. Their wish was children with a disability. They were all left granted, and that came in the form of the out of the loop, and they were struggling. goods and services tax. The states and terri- This government is doing more and more tories are the beneficiaries of every last cent every day to help those carers provide a bet- of the goods and services tax, while it was ter quality of care but also a better quality of the federal government that copped the flack life for themselves and those for whom they for its introduction. Yet we still have today care. We also need to continue to break the state governments putting their hands out for cycle of welfare dependency. The cycle of more and more Commonwealth money. welfare dependency that we have seen be- A casual observer might believe that the coming intergenerational has to be broken. states are somehow being short-changed by The best form of welfare is a job, and no-one the federal government. That is not so. The can deny that that is so. That is why the poli- states are now in receipt of record levels of cies of this government to create a 27-year funding. My state of Western Australia, for low in unemployment are so commendable. example, will be $1.166 billion better off We also need as a nation to break a men- over five years than they would have been tality that has developed over the last 20 under the arrangements of previous Labor years whereby many only look at the budget governments. Yet they are still crying poor. in terms of what is in it for them. They only There is no reason, other than to try and shift look at an election campaign in terms of political blame, why the state governments ‘What’s in it for me?’ They fail to look at the cannot and should not properly fund things broader picture of what the policies are that like state schools and state hospitals— will grow and develop this country as a Senator Patterson—And accommodation whole, from which everyone will be the for the disabled— beneficiary. The media has a very strong role Senator KNOWLES—and, as Senator to play in this area. I find that the reporting Patterson just interjected, accommodation for of budgets and election campaigns now is the disabled—and reduce their reliance on nothing short of appalling, because all it taxes such as payroll tax and stamp duty. The concentrates on are winners and losers in- states walk away from those areas of respon- stead of the broad picture of what is in the sibility each and every time. It is about time national interest. I think it is about time that that they acknowledged that they are in re- that simplistic and negative approach be ceipt of funding that they never thought was changed. possible, and the quantity will continue to rise. The Gallop Labor government in West-
CHAMBER 28 SENATE Wednesday, 17 November 2004 ern Australia, for example, has made a big of Representatives who were sworn in yes- thing about a minute reduction in stamp duty terday. I particularly wish to note the three in recent weeks. There is no talk about the new members from Western Australia: Mr huge increases in stamp duty it imposed on Michael Keenan from Stirling, Mr Stuart people in four short years of government. It Henry from Hasluck and Dr Dennis Jensen is simply an unfair tax that for many has al- from Tangney. They are all men of proven most offset the first home buyers grant pro- success in their previous fields of endeavour. vided by the federal government. It is about I congratulate them as they embark on their time that the Labor governments in every new careers. state and territory dramatically reduced, if It was my great pleasure and honour to not eradicated, their reliance on taxes such as work with Mr Keenan in Stirling. What a these two so that people can buy properties character. He is a fine man with a great intel- and vehicles without such enormous penal- lect and a great sense of humour. I have to ties. say that we had a ball. But he is a man who The other issue that is of critical impor- worked and worked for eight months. His tance to the people of Australia is that of election did not come lightly. His opponent crime. This government has more than dou- was touted as someone who was going to be bled the funding to the Australian Federal impossible to shift, but he at no stage looked Police but at the same time in Western Aus- at his opponent and said, ‘I can’t win this tralia the personnel levels in police stations seat.’ The people of Stirling deserved better in the community are low, and every com- representation, and he will provide that rep- munity knows that. What is the state gov- resentation. He takes his election very seri- ernment doing about it? Absolutely nothing. ously and will serve the people of Stirling It is important for the security and the safety with diligence, dedication and grace. As I of the community that there are adequate speak he is probably over in the other place personnel levels on the front line in the po- making his first speech. He was an out- lice stations in the community. Once again, standing candidate and will be an even more the federal government is doing all it can. It outstanding member of parliament. provided in the last budget for a $20 million To all those people who helped Mr national community crime prevention pro- Keenan win, I would like to add my thanks gram designed to provide financial support to those of his. I will not name all of them, to various communities to undertake pro- because I would be here for a week. I have grams that they think will benefit them. It is never seen people come out in such force to not a prescribed program, where a certain help a candidate, but that was the type of program must be implemented in every area; spirit and support that Mr Keenan engen- it is a program where the local communities dered. It would be fair to say simply to John, can decide what is going to be of benefit to Trish, Fay, Jenny, Sue, Mat, Michelle, Steph them. One may well ask why the federal and Doug, ‘You were terrific.’ To all of those government has to do something such as this. other supporters and to all of those volun- The answer is simply that the state govern- teers who literally poured out in Stirling to ments have let down the communities they support Mr Keenan because they knew he are meant to protect. was good, because they knew the govern- I could not make a speech today without ment was doing an outstanding job and be- recognising the increased number of mem- cause they took great pride in their country, I bers of the Howard government in the House say a huge thank you.
CHAMBER Wednesday, 17 November 2004 SENATE 29
I look forward to being part of the Howard ‘Look, boss, I’ve got some good news and government until 30 June next year, but I’ve got some bad news. The good news is equally I look forward to it fulfilling its that you’re our new CEO and you’ve got a commitments to the Australian people which great new team. It’s going to be a terrific will result in continuing growth of the econ- challenge for you; congratulations. The bad omy and in Australia becoming a more and news is we have accrued $96 billion in debt. more prosperous nation. As I said, there is We have an annual interest bill of $8 billion. much more work to be done. We cannot pos- We have an operating deficit of $10 billion. sibly drop the ball now. We need to go for- We have no register of assets. We’re not sure ward and we need the goodwill to go for- if we have too many staff or too few staff. ward. The mere fact that the Australian peo- We’re not even sure what our core business ple have given the Howard government a is. The previous management didn’t exactly majority in the Senate is not something that practise full or continuous disclosure and our we take lightly. It is not something that will customers don’t think they get value for be abused; it is something that will be used money. And things are only projected to get wisely for the benefit of all. It is important worse.’ for this nation to ensure that there is great That was effectively the situation that the prosperity for all. We cannot have a return to Prime Minister and the coalition faced when policies that divide the nation. first elected to office. That was the context of There were some policies that were enun- the then Governor-General’s speech to the ciated during the campaign that I believe opening of the 38th Parliament in 1996. The would have done precisely that. That is not easy thing then would have been to do little what the Howard government is about. The and to manage a steady but certain decline. Howard government is about governing for The ‘do nothing’ scenario would have been all and for the future of this country, to make easy but it would not have been responsible. sure that the prosperity is shared and that The coalition government has chosen over its there is safety and security within our bor- eight years to direct and to lead rather than ders. Much has been done to protect this merely to preside. The government had to country and to protect our borders. The work make some tough decisions for Australia’s that is being done by defence personnel and future. It is because of those decisions that the Australian Federal Police to protect Aus- we have a sound budget and a strong econ- tralia is second to none. I look forward to the omy and that we can fund a good social pol- fourth term of the Howard government for icy. the sake of all Australians and for their own His Excellency delivered his opening prosperity. speech yesterday at a historic time in the life Senator FIFIELD (Victoria) (10.24 of this chamber and this parliament. It is a a.m.)—I second the motion and thank the very different economy than it was in 1996 Prime Minister and the Leader of the Gov- and it is a very different parliament. From ernment in the Senate for the opportunity to next year, for the first time in almost 25 do so. Mr Acting Deputy President Ferguson, years, the federal government will have a I ask you to imagine—because I know you majority of senators in this place and the op- have a good imagination—that you have just portunity to implement a wide-ranging plan. been appointed chief executive of one of As a result of the Australian public bestow- Australia’s largest organisations and your ing a government majority in both houses the chief financial officer comes to you and says, Governor-General’s speech has been trans-
CHAMBER 30 SENATE Wednesday, 17 November 2004 formed. It has been transformed from a gov- lesson from opposing every single measure ernment wish list, certain to be opportunisti- designed to bring the budget back into bal- cally attacked by the Labor Party, into a leg- ance, the lesson from opposing the new tax islative agenda that will be implemented. system, the lesson from opposing the inter- The Senate will act as a chamber that en- generational measures and the lesson from sures the elected government honours its opposing improvements to private health commitments rather than as one that periodi- insurance. Labor have the opportunity to cally seeks to break them. For the past three demonstrate that they have heard and will terms the government has negotiated with heed the message from the Australian voting Labor and minor party senators with varying public. That message was that the Australian degrees of success. Vital reforms such as the public want a strong economy and a sound new tax system were indeed achieved with budget. The electors made it clear that they the input of the Australian Democrats; how- understand that the only way to underpin a ever, legislation to reform workplace rela- good social policy is with a good economic tions in Australia has been denied by Labor policy. It is only because of responsible and the minor parties. Much has been budgets and good economic management achieved without a majority in the Senate, that we have the capacity to fund good but certainly not all that could or should have schools, good hospitals and a strong national been achieved. As a result, the work of the defence. first three terms of this government is in- But Australians have also indicated that complete and there are new challenges to be they want choice in their lives—in schools, met. in healthcare, in the workplace and in raising In 1996 no-one could have predicted the children. Parties that threaten the economy, prominence of national security on our parties that threaten choice, will be rejected. agenda or the role Australia is playing in The government has the right and the obliga- global security. In 1996 we did not know tion to deliver its commitments as outlined in what the challenges of today would be, and His Excellency’s speech. The Australian La- we do not know what the challenges of to- bor Party claim that they have got the mes- morrow will be. That is why we have to run sage. Let the opposition demonstrate that in a responsible government, responsible budg- this chamber before 1 July 2005. Let them ets and a strong economy—because we just demonstrate that they have changed. Senator do not know the challenges of tomorrow. We Evans comments at the weekend were far must always be prepared. It is also why we from encouraging, however. He told Meet must press ahead with the measures rejected the Press: by Labor to address the intergenerational If they re-run some of the legislation which we’ve challenges we identified in 2002 and with a seen to be unfair, then we’ll vote against it. range of other measures blocked by Labor. Let me paraphrase that. What Senator Evans The election result confers a responsibility was really saying was that if the government on the government but it also offers an op- has the audacity to resubmit legislation that portunity to the opposition. It provides the Labor have previously opportunistically op- opportunity, prior to 1 July next year, for posed then Labor will opportunistically op- Senator Evans to show that he and his team pose it again. Too bad if the public have re- have learnt the lessons of the last election turned the government four times with a con- and of the previous three parliaments—the sistent agenda, too bad if the public have delivered a majority in both houses, too bad
CHAMBER Wednesday, 17 November 2004 SENATE 31 if the public intent is clear—nothing has university students than to TAFE students or been learned. Let Labor support the sale of to full-time workers. All those services are the remainder of Telstra. Let Labor support available in the general community. If a ser- unfair dismissal laws. Let Labor support vol- vice is worth while and wanted on campus, if untary student unionism. Let Labor support there is a demand for it, let the university or choice in education, support for technical the students association or the union con- schools, the 30 per cent child-care rebate and vince the students. better private health insurance for over-65s. We do not require HECS to be paid up- Let Labor support legislation that offers front, yet we allow universities to require choice and incentive. Let them show that compulsory up-front union dues as a prereq- they have learned something. uisite for even attending class. The whole I would like to touch briefly, in my re- rationale of HECS is that it is not required maining time, on four planks in the govern- up-front so that lack of means is no barrier to ment’s agenda. These are four ways that the entry. So why do we allow an up-front fee other side of this chamber could demonstrate that is a barrier to entry? On this side of the a better understanding of the wishes of the chamber, we are rightly exercised by the $3.5 Australian people in the areas of freedom of million of taxpayers’ money that is fleeced association, choice in school education, by the Australian Labor Party over and above choice in post-secondary education and al- market rent on Centenary House. This pales lowing government to focus on its core busi- into insignificance in comparison with the ness. The issue of voluntary student union- $150 million Australian university students ism on Australia’s tertiary campuses is some- are forced to pay in up-front union fees every thing of an article of faith for many on this year. It is inconsistent to allow a compulsory side of the chamber. It goes to the fundamen- up-front fee to be levied that disproportion- tal principle that no-one should be compelled ately affects potential students from low- to join an association against their will. It is income backgrounds. The Vice-Chancellors freedom of association. I commend Minister Committee proposal would fundamentally Nelson on introducing legislation into the compromise the integrity of Minister Nel- last parliament that sought to outlaw com- son’s original legislation. It would maintain a pulsory student unionism on campuses. This barrier to entry and deny choice to students. legislation sought to forbid the requirement Under this government, compulsory student that a student join an association or union unionism will be outlawed. prior to enrolment. One of the issues I raised in my first The Australian Vice-Chancellors Commit- speech in the Senate was the need to offer tee recently proposed that this legislation, more variety and choice in secondary school- prior to reintroduction, be amended to draw a ing, including the need to bring back techni- distinction between fees compulsorily levied cal colleges. For too long, success has been for political purposes and those compulsorily equated in our community with obtaining a levied for supposedly ‘essential’ student ser- university degree. We are in danger of reach- vices. I would argue that the only services ing a point where there is almost a stigma that are essential to a student are those that attached to choosing an apprenticeship over relate directly to their study. The argument is a degree. We need to replace the prejudice put that essential services include medical, that is there against apprenticeships, trades legal and child-care services. Yes, they are and vocational training with pride in skills essential but they are no more essential to and entrepreneurship. A trade is often the
CHAMBER 32 SENATE Wednesday, 17 November 2004 basis upon which people establish small schools their children attend. Those parents businesses and turn them into larger enter- should also expect that their taxes would prises which employ people. support their children’s education regardless A globalised economy makes it imperative of whether they chose a public or an inde- that we maintain our competitive edge across pendent school. Parents who make financial all sectors of the economy. World-class ar- sacrifices to send their children to an inde- chitects need world-class bricklayers and pendent school should not be penalised. world-class plumbers to bring their visions to We should never allow government action reality. The bias against apprenticeships to be driven by envy or build policy on class means that Australia faces a crippling skills warfare, least of all when it involves our shortage in a range of areas. As the economy children. There are elements of class envy grows, as unemployment declines, these va- every time you hear Labor speak about cancies are exacerbated. Skills shortages al- schools funding or independent schools. You ready exist in areas such as metals, automo- hear class and you hear envy in their voices. tives, construction, carpentry, hairdressing, Labor’s policy on schools funding is an at- restaurants and catering. tack on schools that achieve high academic We can no longer afford to leave the criti- results and that promote values that parents cal task of reskilling the work force to the want. Labor wants to attack opportunity and vagaries of state Labor governments. Unlike choice and then cloak its actions in the lan- state and federal Labor parties, which are guage of equity. But remove that cloaking obsessed with the completion of year 12, the and the truth is that if you send a child to a coalition recognises that the curriculum public school it costs the taxpayers about taught in comprehensive secondary schools $9,000. If you send a child to an independent in years 11 and 12 does not meet the interests school it could cost as little as $2,000. Trying or needs of all students. The coalition sup- to shift students from private schools to pub- ports the rights of young Australians who lic schools is more of a burden on the tax- choose vocational education and training to payer than encouraging parents to make their meet their goals. The coalition is going to own choices. There is no equity in that. facilitate choice in education by establishing Fundamentally, ALP policy is a costly bat- 24 Australian technical colleges providing tle for control—to give control of children’s world-class academic and skills training to education to teacher unions and state bu- talented young Australians in years 11 and reaucracy by weakening competition and 12. Education cannot and should not be one restricting choice. The coalition has es- size fits all. As a government that is emphati- chewed, and will continue to eschew, the cally committed to providing choice, we politics of punishment and envy and instead want to make sure that young Australians— practises the politics of opportunity and whether they choose to go to university or to choice. Parents not only have the right to technical college—can fulfil their ambitions. choice but also have the right to knowledge This government remains committed to about the progress of their children. That is choice in education. Nowhere was the phi- something that this government will do by losophical difference between Labor and the continuing to support testing against national coalition more stark in the last election than standards in numeracy, literacy, civics, citi- in the area of schools. The coalition believes zenship, science and technology. It is why that parents should be able to choose which we will ensure as a condition of funding to the states and territories that student report
CHAMBER Wednesday, 17 November 2004 SENATE 33 cards are in plain English. This information The Australian government’s total net in- will be available to parents, as will compari- terest payments are expected to be around $3 sons between performances in schools, so billion this financial year, down from $8 bil- that parents can make meaningful decisions lion in 1996. The sale of the government’s about what is best for their children. remaining shares in Telstra will further re- In order for government to concentrate on duce net debt and net interest. However, the its core activities it needs to get out of those forgone dividends will come at a cost to the ventures that are not fundamental, like run- budget bottom line. This leaves little room ning phone companies. The more govern- for the funding of new commitments. Any- ment is involved in the peripheral, the more thing other than using the overwhelming it is likely to lose its focus. One of the chal- bulk of the sale proceeds to lower net debt lenges that will likely face this parliament is and net interest payments would very the sale of the remainder of Telstra. There quickly make the sale unattractive. There is does appear to be an emerging misconcep- no other area of government activity that has tion that the coalition has an ideological been so closely scrutinised. There is no area agenda to sell Telstra at all costs. This view of government policy that has been as in- is that the coalition wants to sell Telstra at tensely debated. This is a proposal that has any price and that as a consequence there is been put before the Australian public elec- massive scope to extract concessions. This tion after election. This is an area of gov- perspective is flawed. It misunderstands the ernment involvement that will only continue rationale behind the sale of Telstra. There is to serve as a distraction from the core busi- certainly an underlying view in the coalition ness of government. that governments do not run phone compa- The coalition have built a reputation for nies well and that they have no particular focus and discipline. We have the backing of business in doing so. There is certainly an the Australian public. It is now incumbent inherent conflict between government run- upon the opposition to stop faffing around ning a business and regulating that business. and to endorse the will of the Australian There is certainly a view that to expand the people. I say to senators opposite: trust the number of shareholders in Australia is a good public; respect their will. and positive thing—to see Australia as the Senator CHRIS EVANS (Western Aus- largest share-owning democracy in the tralia—Leader of the Opposition in the Sen- world. ate) (10.42 a.m.)—I rise to speak in this ad- These are key reasons to sell Telstra. But dress-in-reply debate on behalf of the Labor another key reason for selling the remainder opposition. It is true that the speech by His of Telstra is to save taxpayers’ money by Excellency the Governor-General does accu- using the Telstra sale proceeds to retire debt. rately summarise the government’s inten- The resulting saving in interest costs would tions for the 41st Parliament. But the pro- free up an additional $3 billion per year to be gram of action is not just confined to the used on schools, roads, hospitals or tax cuts. matters that His Excellency was asked to Another reason to liberate Telstra is that it address yesterday. I agree with many media would give a better return to millions of Aus- comments today that the speech can be de- tralians who hold shares and it would deliver scribed as an iron fist in a velvet glove con- a better service. cealing its true intent. This is not just be- cause of the government’s determination to achieve its objectives but because of the re-
CHAMBER 34 SENATE Wednesday, 17 November 2004 cent debate within the government on intro- history of parliamentary evolution, checks ducing greater change, made possible by the and balances have deliberately been incorpo- new political circumstances in the Senate. rated to seek moderation, to effect balance The decision of the Australian people on and to diffuse absolute power. In the Austra- October 9 was clear. The coalition won a lian context, the Senate has developed majority of the two-party-preferred vote and mechanisms and processes through debate, a House majority. We accept that as of 1 July through the scrutiny of legislation and by next year the government will, for the first using the Senate committee system to bring time in 24 years, have control of the Senate. the government of the day to account for its Labor respects that democratic decision. actions. It did so when Labor was in power and it has done so when the coalition gov- At the same time we acknowledge that ernment has been in power. almost half the population favoured Labor over the coalition. Much as the government Through estimates and the committee might wish, we will not be running up the process, the Senate has consistently played a white flag, we will not go whimpering off crucial role in improving legislation and with our tails between our legs and we will forcing governments to take responsibility not cease from fighting for those values of for their actions. That is a process in which fairness, opportunity, equality and hope that my predecessor, Senator Faulkner, provided so many people saw, and voted for, in Labor exemplary leadership. Other Labor senators on 9 October. We will continue to take the have added to this fine tradition, as have fight to the government wherever it is war- senators from the minor and independent ranted. We will be a constructive opposition parties. I want to particularly mention the and we will judge every bill and every mo- role Senator Jacinta Collins has played. Her tion on its merits, but we will not roll over recent defeat is a great loss to Labor in the and we will not give in. We will keep the Senate. We value and look forward to her faith for the people who put their faith in us. contribution up until July. We regret her los- ing her seat. Labor have always put our faith in the democratic institutions that make this coun- Most Australians, whatever their vote, try great. We value and support the role of were surprised that the government will soon parliament as the legitimate voice of the have control of the Senate. The fact is that people. Within the parliament we take seri- from July next year this government will be ously the responsibility of the opposition to the most powerful in recent memory. The hold the government to account. We have loss of the non-government majority threat- committed ourselves to doing so, knowing ens the checks and balances the Senate has that there are those who do not place such provided to executive government excesses. great stock in our democratic institutions and Already we have been alerted to a new and processes. radical agenda—an agenda not endorsed by the Australian people on 9 October, an Part of that democratic tradition is parlia- agenda more extreme than any we have seen mentary accountability, a responsibility that in our recent history and an agenda which the Senate has accepted and contributed to has been revealed only as the coalition have by moderating the excesses of executive realised that they soon will have absolute government. It is a truism in politics: in sus- power. taining our democratic values, power un- checked is power abused. Throughout the
CHAMBER Wednesday, 17 November 2004 SENATE 35
A policy agenda has emerged over the past Why else has the issue of voluntary voting few weeks which is radically different from been placed back on the agenda? I know that put to the people on 9 October. The coa- Senator Minchin has had it at the core of his lition’s election agenda was marked by two political concerns for many years, but it is competing and, in some ways, contradictory not an issue I remember being discussed dur- strands: a small, moderate, conservative pro- ing the campaign. Maybe my colleagues and gram of incremental change contrasted with I on this side of the chamber were too busy the $6 billion vote buy, cynically targeted at talking about how to get more money into key groups, which was passed off as a cam- our poorest schools or how to rebuild bulk- paign launch. After 9 October, the program billing. The government’s thinking on this is that the government took to the people dis- not about what the Australian people want appeared off the radar. There was no discus- and need; it is about trying to shore up the sion about how the government would im- coalition’s vote at future elections and re- plement its agenda and the policies it took to moving parliamentary impediments to the the election until yesterday when they were passage of its legislation. outlined in the speech made by His Excel- In addition to the new agenda which has lency. Instead there were internal debates emerged since the election, there is also a among the Liberals and the Nationals as they new dynamic emerging within the coalition. discussed how to take full advantage of the With the pesky matter of opposition largely unchecked power that has fallen to them. taken care of for the next three years, the The arrogance of unfettered power is re- Liberal and National parties are finding sulting in the advocacy of a new, radical themselves being asked to deliver to increas- right-wing agenda. Moves to sell off Telstra, ingly strident constituencies in their tradi- to reduce the industrial rights of workers, to tional power base. The last week has seen attack student organisations and so on have calls from coalition supporters for more been on the government’s wish list for years dramatic political action, for an agenda but were always kept at bay by the moderat- which goes well beyond that which the gov- ing power of the Senate. Now these issues ernment took to the people on election day. are developing momentum in the govern- Recently a group of well-known business ment’s thinking. In addition, there are now personalities demanded that the Howard gov- issues like abortion, doing away with com- ernment consider industrial relations reforms pulsory voting and a move to change the way that are far more wide ranging and radical we elect our Senate, which were never on the than those the government has been propos- agenda, were never discussed, were not part ing. Their call has been answered by the of any claimed mandate and were never put Minister for Employment and Workplace to the Australian people. In short, the gov- Relations, who has now requested a com- ernment has been overtaken by political op- plete review of industrial relations legisla- portunism. tion, including stripping away basic legal The talk of the government and its mem- privileges enjoyed by unions, removing the bers since 9 October has not been about right to strike, reducing the role of the Aus- practical measures to build and strengthen tralian Industrial Relations Commission and our nation over the coming years; it has been establishing industrial contracts as the pri- about a radical wish list of those who would mary means of regulating employment. The dismantle democratic institutions to entrench H.R. Nicholls Society approach to industrial their power and call it a crusade for freedom. relations is once more dominating internal
CHAMBER 36 SENATE Wednesday, 17 November 2004 coalition debate: the dog-eat-dog approach to rural and regional constituencies. In seeking the workplace. Tax has not been ignored. Mr a better deal for the bush they have not been Peter Hendy of the Australian Chamber of pretty and they have not been effective and Commerce and Industry is now pressing the no amount of future proofing would save Howard government to rejig direct and indi- them from the electoral consequences were rect taxes. they to sell Telstra. At the same time divisions are emerging The government’s new found power has in its parliamentary ranks. Abortion has also led to an arrogant disregard for the de- emerged as a priority of the Liberal’s conser- mocratic institutions of our parliament. I vative wing, exposing a widening division talked before about the role of the Senate in and a concerning lack of moderation in gov- tempering executive excess and in holding ernment ranks. This is something that has governments to account. Given the radical obviously concerned the Prime Minister as in path that this government has embarked recent days he has tried to dampen that de- upon, that function should be more important bate. How this government handles the in- than ever. Unfortunately, though, the job of creasingly strong calls on its new found the Senate will also become more difficult. power from its own constituencies will be a The government has shown that it is not in- central test of it in this term. After 1 July, the terested in maintaining the institutions of the government will not be able to rely on the Senate. Just as it wishes to silence student checks and balances which the Senate has organisations and just as it wants fewer peo- exercised, which have often protected it from ple to vote, so it wishes to silence the Senate. the demands of its more radical right-wing That is why the number of sitting days for constituencies. 2005 has been slashed. That is why there is The new dynamic in the coalition parties talk of changing the procedures of the cham- is also being exposed as the government ber, introducing stronger time limits, increas- moves to sell off the remaining publicly ing the use of the guillotine and changing the owned share of Telstra. I say ‘the govern- activities of Senate committees. The gov- ment’, but I should rephrase—in fact, it is ernment’s contempt for the Senate is clear. only The Nationals who can sell Telstra. Removing parliamentary impediments to the Only The Nationals, who will hold the bal- passage of its legislation is gathering what I ance of power in the Senate after 1 July, can think is unhealthy momentum in the gov- take the decision to sell Telstra. Senator ernment. Boswell has made great claims about The I talked earlier of Labor’s commitment to Nationals holding the balance of power in the accountability and moderation that the the Senate and playing a critical role in the Senate brings to government. I also talked of Telstra debate. As we just heard from Senator the commitment Labor have made to those Fifield, there is a clear divergence of opinion who put their faith in us on 9 October— in the coalition about these issues. I think almost half the population. As I said, we will The Nationals will sell Telstra. They will do be a constructive opposition: we will engage, so despite their claim that they will hold the look at government propositions and act in balance of power and despite attempts to the best interests of our national community. portray themselves as full partners in the We are right to do that as the official opposi- coalition. They will do so because they have tion. The current Senate reflects the legiti- consistently shown themselves incapable of mate choices the people made in the democ- or unwilling to stand up for the needs of their ratic process. After July our role will be more
CHAMBER Wednesday, 17 November 2004 SENATE 37 difficult—I will not dispute that—but Labor proud to say that that will always be the Aus- will continue to represent rigorously and en- tralian Labor Party way. These principles ergetically the views of those people who will guide Labor in dealing with the most elected us. powerful and extreme government in recent As Labor’s spokesperson on social secu- history. rity it will be my role to hold the government Senator BARTLETT (Queensland— to account for its attacks on our community Leader of the Australian Democrats) (10.56 and on those who most need the support that a.m.)—I respond as Leader of the Democrats the community can offer. Labor is committed to the speech by the Governor-General on to a fairer social security system which offers the opening of the 41st Parliament. I start by a necessary level of income support for Aus- acknowledging the Indigenous people who tralians when they need it. We also believe are the traditional owners of the land on that the social security system should sup- which our parliament meets. The Democrats plement Australians on low incomes, particu- strongly believe that the opening of parlia- larly families who face additional costs in ment should include proper recognition of providing for children, people with disabili- our Indigenous heritage, including Indige- ties and people who make sacrifices to care nous welcomings. My Democrat colleague for others. Labor believe we should support Senator Aden Ridgeway is currently the only Australians but also provide incentives to Indigenous member of parliament. Tragically make the transition from welfare to work. this will cease from 1 July next year and The social security system is most effective once again we will be left in a situation when it rewards hard work and increases where we have no Indigenous representation people’s access to opportunities and skills so in this parliament. Senator Ridgeway has they can improve their standard of living. already given notice of a motion supporting In this new parliament, Labor in the Sen- changing our opening ceremonies by incor- ate will be more than ever the check on gov- porating Indigenous protocols into the open- ernment excess. We will continue to speak ing of the next parliament. As he said, this out against a radical right-wing agenda, would be not only a positive gesture of rec- against the unfettered arrogance of un- onciliation but also an affirmation of our checked power and the government’s cynical unique Australian identity. Parliaments in contempt for our democratic institutions and countries such as Canada, New Zealand and the values that most Australians hold dear. Africa already incorporate their indigenous As a party, Labor has always sought to repre- cultures. Australia would benefit from doing sent the best in Australian society. We have this. Many of our opening ceremony proc- always believed in compassion and in pro- esses have remained virtually unchanged for tecting and supporting those who are disad- over 100 years. vantaged, oppressed or simply struggling to I remind the government of a unanimous cope. The true test of a society is its capacity parliamentary committee report which rec- to care for its less well off. We believe in ommended incorporating Australian Indige- freedom and fairness and we know that true nous ceremonies and protocols into the open- prosperity does not hold these values hos- ing of federal parliament. If the Prime Minis- tage. We believe in a better way, in hope and ter were genuine—and I find it hard to be- courage, in responsibility, in community, in lieve that he is, given his past record—and equality and, again, in fairness. That has al- honest in saying that he will not ignore the ways been the Australian way, and I am Senate and that he will not treat his new
CHAMBER 38 SENATE Wednesday, 17 November 2004 found power with greater arrogance and let rangements. It is a reason that the Democrats that new found power go to his head, an easy remain committed to helping Australia de- first step would be for him to adopt those velop into a republic. However, I wonder if recommendations that have long been ig- in some respects the Prime Minister himself nored, recommendations supported across has become a closet republican. Certainly the political spectrum by an all-party parlia- there would be few national leaders around mentary committee. the world who are greater supporters of the I was pleased to hear the Governor- Republican President George Bush, president General mention Indigenous issues in his of that very powerful republic of the United address. I suspect the 110 words the Gover- States of America. Indeed, on key issues the nor-General spoke on this issue probably Prime Minister appears to be on the side of were more words than the Prime Minister the republican president rather than on that spoke about Aboriginal people during the of the monarchist queen. entire six-week election campaign. The Gov- One key area where this appears to be the ernor-General in his speech said: case is climate change. Noting that this de- In these sittings, legislation will be reintro- bate and the amendment that has been moved duced to further reform the delivery of indigenous will be forwarded to Her Majesty, I will programmes and services. Indigenous Australians move an amendment on behalf of the De- are relying on a better relationship with all gov- mocrats that I expect Her Majesty would ernments to improve their circumstances. support, and which I urge the government I wonder whether that, unfortunately, is not and opposition senators to support, relating already the first dishonesty of the new gov- to global warming and the Kyoto protocol. ernment—in its parliamentary statements at On Monday, 1 November, an article in the least—because there was no legislation in Guardian newspaper, titled ‘Queen backs the last parliament that would have created a fight on global warming’, said: better relationship with all governments to The Queen will this week support a United Na- improve the circumstances of Indigenous tions conference on global warming in Germany, Australians. During the campaign, the Prime signalling the royal household’s whole-hearted Minister certainly did not say, ‘Elect the coa- conversion to green issues. lition government and we will impose dis- It was reported in a number of British papers criminatory welfare requirements on Indige- that the Queen had castigated the British nous Australians,’ yet as soon as the election Prime Minister, Tony Blair, for failing to was over there were leaks that this very thing persuade the White House to shift its stance was being considered. The Democrats will on the Kyoto protocol, so I feel confident do all we can in the life of this parliament to Her Majesty would welcome our amending ensure that Aboriginal issues are given the this motion and the government taking note priority that they deserve, and that there is a of it and her reported views that more pres- genuine attempt to address the outrageous sure should be put on this republican presi- and disgraceful inequality that Indigenous dent. The republican president should listen Australians face. to the Queen, change his position on the The Governor-General’s speech was given Kyoto protocol and take more solid action on on behalf of the Queen but it was written by climate change. As the Governor-General is the Liberal-National government. This ar- the Queen’s representative in Australia, per- rangement is a reminder of the incongruous- haps it would be more appropriate for him to ness of Australia’s current head-of-state ar- make public commentaries in support of
CHAMBER Wednesday, 17 November 2004 SENATE 39 greater action on Kyoto and climate change government controlled the Senate in its own rather than on some of the issues he has been right. Of course, the big difference is that commenting on lately. I move: government members were not as silent and That the following words be added to the ad- subservient in the late 1970s as they are now. dress-in-reply: We have already heard Senator Fifield’s con- “, but the Senate is of the opinion that: tribution, in which he said that he believes (a) Her Majesty Queen Elizabeth the Sec- the role of the Senate should be that of a ond is to be commended for her reported rubber stamp. He made the extraordinary public support for implementation of the suggestion that non-government senators— Kyoto Protocol; and Labor, Democrat and Green senators— (b) the Government’s failure to ratify the should vote against their beliefs and their Kyoto Protocol, to take strong action to party’s policies and against what they cam- reduce Australia’s greenhouse emissions paigned on and were elected to speak out and to urge the United States of America about so that the government can maximise to do likewise, is putting at risk interna- this rubber-stamp nature of the Senate, which tional efforts on climate change”. it sees as our only role. It is appropriate, as I said in a speech earlier One big change from the middle of next today, to acknowledge the election victory of year will be that coalition senators will no the coalition. It is a significant achievement longer be able to so readily rely on the Sen- to be re-elected to government not just for a ate to ensure fairness and justice in legisla- fourth term but with an increased majority. It tion. The onus will now be on them. When- is a particularly extraordinary achievement in ever this fails to occur, and when further in- light of the fact that polls showed that a ma- justices and unfairness are inflicted on Aus- jority of Australians believed that, in recent tralians, the responsibility will rest with the years, the Prime Minister had not told the coalition senators who have failed to speak truth on a number of important issues. On the out and have failed to prevent that from hap- other hand, the government did spend close pening, because we on this side of the cham- to $100 million of taxpayers’ money on ad- ber will cease to have that power. We will vertising campaigns and self-promotion in still have the power to speak out, although the last financial year, an increase of 45 per with talk of the government introducing in- cent from the previous year. I guess taxpay- stitutionalised guillotines, limiting debate ers can take some comfort from the fact that and not allowing inquiries to happen or en- next year presumably will not be an election suring that they report back quickly to pre- year and there will therefore be less govern- vent the opportunity for full scrutiny of is- ment expenditure in this area as, I suspect, sues, even our ability to speak out will the need to inform the public of all these probably be limited. things will suddenly decrease for a year or Our ability and our power to prevent the two. passing of unfair and unjust legislation will Reasons aside, the Liberal-National Party be gone. There is no doubt about that. The government has clearly had a historic responsibility will then be solely on the coa- achievement in gaining outright control of lition senators. They will not be able to hide the Senate from the middle of 2005. It is the behind or rely on non-government senators first time in decades that the government will to do that job for them. They will need to control the Senate. Not since the end of stand up and be counted, and I certainly saw 1981, under the Fraser government, has a no sign of that in the Howard government’s
CHAMBER 40 SENATE Wednesday, 17 November 2004 first three terms. They key thing now is provide that on the public record, under par- whether that will appear with this new-found liamentary privilege, in the forum of the par- power. I am sure that government senators liament itself, to all senators without censor- would regularly say that with power and ship and with the full opportunity for those rights come responsibilities. They have that views to be scrutinised and tested. That as- responsibility now, and the Democrats will pect is so crucial and it will be lost if we certainly be scrutinising them closely to en- have shortened committee inquiries and re- sure that either they fulfil it or they are called duced opportunities for scrutiny. That is one to account when they do not. The record of of the key areas about which the Democrats the Howard government in providing infor- will continue to pressure the government to mation to the Senate is already one of the ensure that it is retained. The government worst in parliamentary history. This govern- does not have a mandate to minimise exist- ment’s stonewalling and prevention of mate- ing accountability safeguards and the De- rial being tabled, their refusal to answer mocrats will do all they can to prevent that questions and their dishonesty in answering occurring. questions are already among the worst in As I said, the big difference between the history. So in that sense things probably are current coalition government and the coali- not going to get much worse, because there tion government that had control of the Sen- has already been a massive amount of se- ate in 1980 is that there was clearly far more crecy and a willingness on the part of the willingness on the part of Liberal Party MPs government to dodge accountability. They in 1980 to speak out on issues. I doubt if the will just be able to do it with less effort than Liberals of 1980 would have remained silent they have had to use in the past. if the then Prime Minister had wanted to in- The Democrats challenge the Prime Min- volve Australia in a pre-emptive strike on ister to commit to maintaining the current another nation to help initiate a war based on Senate arrangements for properly scrutinis- false pretences and lies and to directly reduce ing legislation, not just giving a tick and the safety of Australians. Of course, the war flick, one-day, overnight reference of a piece in Iraq continues to be fought and has al- of legislation to a committee with a pretence ready produced tens of thousands of civilian that it is a genuine opportunity for scrutiny casualties as a direct result, with some esti- and public input, to ensure that inquiries can mates now as high as 100,000. Whilst Aus- be held to allow the public and those with tralia has been remarkably lucky in having expertise to provide submissions on upcom- had no Australian troop deaths in this con- ing legislation and on key policy areas. It flict, we should not use that to ignore the continually goes unrecognised that the Sen- many deaths and enormous suffering occur- ate committee process is not just an opportu- ring as a result of it. In relation to Australian nity for senators, particularly non- combatants the fact also remains that one in government senators, to express views, to five veterans who returned from the first explore issues or to use as a platform to em- Gulf War have health problems as a result of barrass the government. In my view, the key their tour of duty. Whilst it was pleasing that value and importance of the Senate commit- the Governor-General recognised veterans in tee process is the ability it gives to the public his speech I am concerned, including from to have input. It is important for those who the content of that reference, that the gov- have an interest in, an expertise in, a com- ernment’s main focus in relation to veterans mitment to or a passion about an issue to continues to be on parades, medals and anni-
CHAMBER Wednesday, 17 November 2004 SENATE 41 versaries. These are important, but the De- recognising that the role of all of us here is to mocrats believe that it is in properly caring represent the principles that we put forward for those who return from conflict that we and to uphold our promises and it is about truly honour the courage and contribution of time that they recognise that. We seek to do the service personnel who sign up to protect so in a way that is constructive and can find Australia’s interests. That is an obligation ways to move forward. In that sense, com- which this government continues to fail to promise is always worth exploring, if it is meet. positive compromise, but that is not the same The Governor-General’s address outlined as compromising your principles and your some specific programs for the coming term basic beliefs. Those areas about which the and the Democrats, as usual, will analyse and Democrats have consistently had concerns of scrutinise legislation and vote for it on its principle, which we have rejected in the past, merits. That is why we will continue to retain such as the unfair dismissal legislation; the a consistent and principled position on mat- sale of Telstra; the attempts to gut the Ad- ters brought back before this parliament ministrative Appeals Tribunal—that will no which have already been scrutinised in the doubt reappear; and distorting our migration past—matters such as introducing discrimi- zone by removing thousands of islands from nation against people who work for small the protection of the Migration Act are areas businesses by removing their protection that we will continue to oppose because our against unfair dismissal. From time to time I belief was and remains that they are unprin- have read some suggestions in newspapers cipled actions. Those actions are not in the that, in this remaining seven months or so public interest. They will reduce fairness and before the government gains control of the should not be passed by any Senate that is Senate, we non-government senators should interested in upholding those principles. try to make ourselves ‘relevant’ by agreeing The fact that our vote may be less crucial to things that we would otherwise oppose. after 1 July is unfortunate, but our principles Leaving aside the basic reality that whatever should not change as a result—and they cer- we might agree to in the next seven months tainly will not. We will consider the issues can be changed or amended by the govern- outlined, including those in the Governor- ment afterwards, so that any agreement that General’s speech. We will take them on their we might reach would be worthless, this merits and do all we can both before and government has already shown in the past its after 1 July to make sure that all views are willingness to completely break its word on a put forward and that this government is held whole range of agreements in key areas, so to account for its actions not only on the ones we are hardly likely to be able to keep it to it speaks about but also on the ones that it its word when it has total control of the Sen- does not. (Time expired) ate. Senator NETTLE (New South Wales) Secondly, the notion of agreeing to (11.17 a.m.)—Imagine yesterday if the Gov- amendments or weakening your principles ernor-General had delivered a speech outlin- purely so you can be part of the action, so to ing a positive and an optimistic vision for speak, is a bizarre concept. It is certainly one our country. He could have spoken about the that I have never seen the sense of or sup- importance of celebrating and treasuring the ported. It is not one that the Democrats have unparalleled natural beauty of this continent, followed in any way in the life of the previ- protecting for the future of us all, including ous parliament. Some people have trouble our children’s future, the magnificent forests
CHAMBER 42 SENATE Wednesday, 17 November 2004 of Tasmania, ensuring that the ancient envi- overseas aid, to bring our commitment to ronments that are found nowhere else in the reducing world poverty to UN recommended world are preserved and that, through their levels, or announced the return of our troops preservation, we are all left richer, giving a from Iraq and a commitment to end the mur- gift to the world. derous adventurism of such an invasion. But He could have announced the urgent the Governor-General did not make such measures required to put our communities on announcements yesterday, because this is not a sustainable footing—initiatives in energy the kind of vision that our short-sighted policy, transport planning and investment Prime Minister is interested in. infrastructure, agricultural practices—that The re-election of the coalition govern- would not only ensure that our environment ment is a tragedy for this fine nation. The is not degraded but also make our nation government’s control of the Senate from July more self-sufficient and create tens of thou- next year will compound it because this gov- sands of jobs in the process. But he did not. ernment promises more of the divisive, He could have announced concrete measures short-sighted and anti-public agenda that we to improve working conditions and lessen have come to know over the last nine years. family stress that has been universally rec- In the absence of the check that the Senate ognised as a concern to most Australians. He has provided, the government will seek to could have announced the introduction of a enact laws to threaten our environment, to genuine paid parental leave scheme to enable erode our civil liberties, to undermine our parents to spend those first few crucial public services and to continue our involve- months at home with their newborn child, ment in the illegal invasion and occupation whilst guaranteeing them a right to return to of Iraq. They will attack the rights and pro- work. He could have announced measures to tections of working people and their unions, nurture cooperative workplaces and support divert more public funds to the wealthy small community businesses and in doing so through high-income earner tax cuts and cor- bring sustainability to people’s lives. But he porate welfare and attack the most vulner- did not. able members of our community— Imagine if the next three years of govern- Indigenous Australians, refugees, people liv- ment saw a massive investment in our public ing with disabilities and people living in education system. Imagine yesterday if our poverty. They will also seek to attack democ- head of state had announced billions of dol- racy itself by preventing Senate scrutiny and lars of new money for our public schools, potentially change the way that the Senate is thousands of new teachers, new facilities and elected to reduce the presence of the minor nationwide promotion of public schooling, a parties and the Independents. commitment to abolish university fees and In the area of health, the government plans an investment in our future by backing our- to further privatise Australia’s health system. selves to provide one of the best education It has extended and seeks to further extend systems in the world. How much better the differential higher GP rebate to several would Australians feel about themselves to- marginal electorates. The safety net, which day if yesterday the Governor-General had promotes inflationary out-of-pocket charges, announced the immediate release of children has already exceeded budget estimates and and their families from behind the razor- the government has no plan to address this. wired detention centres. Imagine if he had The government wants to increase the pri- announced a massive injection of funding to vate health insurance rebate for people aged
CHAMBER Wednesday, 17 November 2004 SENATE 43 over 65, at a cost of $445 million over four and improve the low salaries of child-care years. The rebate draws scarce health dollars workers. away from the public to the private sector Industrial relations appears to be the first where capacity to pay, not medical need, cab off the rank in the government’s divisive drives who receives care. Speaking of drugs, agenda. All Australians should have a right the price of scripts filled under the Pharma- not to be unfairly sacked. The government is ceutical Benefits Scheme will rise by 21 per proposing that if you work in a workplace of cent from January, and Treasurer Costello 20 or fewer employees, as many Australians has already flagged further increasing the do, and you are unfairly sacked, you should patient charge for essential medicines to re- have no right of appeal. Why should some duce the cost of the Pharmaceutical Benefits workers have the right to challenge an unfair Scheme. The Greens are committed to sacking and others have that right taken strengthening our public health system, and away? The government also wants to take we will continue to speak out against the away your right to redundancy pay if your government’s drive to privatise essential workplace has 15 or fewer employees. public health care. This is just the start of the divisive agenda In the area of education, the government the government has for industrial relations. It wants to set up a private TAFE system to wants to reduce the matters covered by compete with our strong and high-quality awards, so that things like long service leave public TAFE system. The funds would be far are not covered by awards. It wants to further better spent reversing the government’s cuts restrict people’s right to strike, further limit to the existing public TAFE system. The the powers of the Industrial Relations Com- government wants to impose individual con- mission, restrict the right of workers to meet tracts on university academic staff and re- in their workplace about an issue of impor- strict the services currently provided by stu- tance to them such as safety or workplace dent unions. The university sector and the concerns. The government is seeking to de- Senate rejected these proposals last year. fine the workplace relationship so narrowly Private schools under this government that superannuation entitlements can no will continue to receive a greater slice of longer be part of a workplace agreement. federal funds, including $300 million for This means that young people—young infrastructure under the coalition’s election women in particular—and people from non- announcement, but the funds must go di- English speaking backgrounds who are cas- rectly to parents and principals. The Greens ual workers will have even fewer rights. are supporters of public services and public Their bosses will be able to sack them with education and we will continue to call for no explanation, and they will have no right increased spending on public services, rather of appeal. Or their bosses may insist that than individual tax cuts. We will fight the they sign an individual agreement, which has proposals to further privatise our public edu- fewer conditions than the agreements of eve- cation system. ryone else in the workplace who is covered The government’s 30 per cent tax rebate by a collective workplace agreement that for child care will assist the wealthy most of they negotiated with their boss. If the new all. The Greens say the funds should be used worker does not sign the agreement, they do to improve the targeting of the child-care not get a job. benefit, or to invest in more child-care places
CHAMBER 44 SENATE Wednesday, 17 November 2004
It has not taken conservative big business tions similar to that currently under way in figures long to start lobbying the government Fallujah. to go even further. A group of them wrote to The multi-million dollar expenditure on the Prime Minister last week flagging, greater integration of the ADF with the US among other measures, moving even further military will continue and US training exer- away from international labour standards and cises and weapons testing in Australia will safeguards, and threatening the withdrawal expand if this government gets its way—an of income support where it deters someone enormous blow for those people who live in from looking for paid work. The Greens call Shoalwater Bay in Queensland, and at the on the Prime Minister to reject their call. We Bradshaw and Delaware bases in the North- say that the rights of men and women work- ern Territory. ing hard in Australia, whether as casuals or While the situation in Iraq will continue to in a large or small business, must be upheld. place a brake on White House plans for wid- Working people should have the right to de- ening interventions in the Middle East, Aus- cide together how they will negotiate with tralia may be asked to support and participate their employers. in pre-emptive strikes on Syria or Iran. Aus- On top of the tax cuts for high income tralian involvement in developing national earners in the May budget, at a cost of $14.7 missile defence will continue under this gov- billion over four years, the Prime Minister ernment, with growing concern from China has flagged further cuts to the top marginal and critics of a new arms race. The Greens income tax rate. At the same time, the gov- believe we need an independent foreign pol- ernment has failed to address the problem of icy and cooperation with our neighbours to high effective marginal tax rates for income address the root causes of terrorism. support recipients moving into the work In the area of international trade, the gov- force, levels of income support which keep ernment is reported to be intending to further people impoverished, and the rise of the weaken intellectual property laws to appease ‘working poor’. Nor has the government US companies before the free trade agree- closed the loopholes exploited by high- ment between Australia and the United States income earners, which cost billions of dollars is finalised. The Thai-Australia free trade in revenue each year, money which could be agreement is before the Senate this week and directed to those in need. The Greens support the government wants to continue to negoti- progressive taxation where people contribute ate agreements with South-East Asian coun- according to their capacity to pay to fund tries and/or join an ASEAN free trade public services that are available to all Aus- agreement. The Thai free trade agreement tralians. will have a negative impact on Australia’s In the area of defence, the 920 Australian textiles. It will hurt Thai farmers and dimin- troops in Iraq will remain there indefinitely. ish the Thai government’s capacity to regu- Despite government statements that there late Australian business investment. The would not be an increase, pressure will con- government wants to push ahead with a tinue to grow from the United States to in- China-Australia free trade agreement, despite crease the deployment. Creation of a new concerns about China’s longstanding poor armoured expeditionary combat force of human rights record. Greens parties around 3,000-plus troops suggests that the ADF is the world are working to support trade preparing for future overseas combat opera- agreements that involve all countries in a
CHAMBER Wednesday, 17 November 2004 SENATE 45 transparent and accountable way and that Yesterday hundreds of Australians, includ- respect international labour laws, human ing many people on temporary protection rights and stringent environmental standards. visas and bridging visa E, gathered at the The government has a raft of other issues front of Parliament House for the opening of on its agenda. It wants to proceed with the parliament. They gathered to remind the full privatisation of Telstra. The Greens rec- government just how many Australians— ognise that only a publicly owned telecom- indeed millions—across this country are munications system will deliver this essential working to ensure that people who arrive in service equitably to all Australians in rural, our country fleeing persecution from else- remote and regional areas as well as in the where are treated with compassion and the cities. The government wants to make it eas- great Australian spirit of a fair go. The gov- ier for the large metropolitan media moguls ernment needs to uphold its international to buy up more of our media. The Greens, responsibilities to asylum seekers. The however, support independent and commu- Greens and refugee advocates will keep the nity media. government accountable on this front. The coalition may seek to alter the Senate The government plans to give the green voting system or to introduce voluntary vot- light to a new and larger nuclear reactor in ing. The government has long talked about the heart of the great city that I live in, Syd- such issues, and several ministers have raised ney, next to schools, kindergartens and these issues publicly since the election. The communities. It seeks to do this at a time Greens want to strengthen democracy. We when communities across the country have advocate proportional representation for the spoken out with one voice: ‘We want to live House of Representatives, and we will be in a nuclear-free Australia. We want a nu- working to return the Senate to the chamber clear-free future for our country.’ Govern- of accountability it was designed to be. ment proposals for nuclear waste dumps have been rejected by communities across Having dismissed community calls for this country, yet the government continues to reconciliation, land rights and a treaty, the pursue its agenda for a bigger, newer and government is taking away the elected In- potentially more dangerous reactor right in digenous body and instead appointing its the heart of Sydney. own advisory council. Having failed to ad- dress the root causes of Indigenous disadvan- The Greens have a positive vision for this tage, the government is now looking at in- country; it is starkly different to the one out- troducing measures where Indigenous Aus- lined by the government. The government’s tralians are to receive financial support only program for its fourth term is riddled with if they meet certain behavioural standards. poor policies, which will cause more harm to The Greens will speak out against such at- the many Australians who are not among the tacks on the first Australians. We will con- privileged group for whom this coalition tinue to call for the government to acknowl- government governs. edge, and apologise for, past wrongs com- The government’s program will do noth- mitted against Indigenous Australians. We ing to advance peace and justice. It will do will continue to pressure the government to nothing to protect our fragile earth. The gov- work constructively with communities and ernment will control the Senate from July individuals to address the causes of disad- next year, but that will not change the posi- vantage that shame our nation. tive and optimistic vision that the Greens
CHAMBER 46 SENATE Wednesday, 17 November 2004 bring into the Senate and that we have for Senator SHERRY (Tasmania) (11.36 this country. We will speak out for compas- a.m.)—We are speaking today on the motion sionate treatment of asylum seekers. We will for the adoption of the address-in-reply to the speak out for the need to protect our beauti- Governor-General’s speech. The address-in- ful natural heritage. We will speak out for the reply is a general debate where traditionally need to invest public funds in our public ser- senators and members can speak on any par- vices and for the need to provide services for ticular issue of the day. I will focus on the the most disadvantaged members of the outline of the Governor-General’s speech, community. which took place in this chamber yesterday. I In July next year there will be two more might just say that it is not the Governor- Green voices in the Senate. Rachel Siewert General’s speech; he might read it, but it is from Western Australia and Christine Milne written for him by the government of the from Tasmania will join Senator Brown and day. I note with passing interest that there me to double the number of Greens repre- appeared to be some argument as to who sented in the Senate. We will challenge the would write the speech on this occasion. But government at every turn. Christine Milne it is certainly the government’s speech and it will bring with her to the Senate nine years outlines the general principles and direction, experience in the Tasmanian parliament, with varying degrees of detail, of the gov- where she was leader of the Tasmanian ernment over the next three years until the Greens. Rachel Siewert has spent the last 16 next election. years heading up the Conservation Council On the issue of the election, the Labor of Western Australia, and in July next year Party obviously lost. There have been four she will bring to the Senate a wealth of ex- election defeats. The Labor Party accepts the perience from working with regional com- will of the people. The people have made the munities on natural resource management decision. I might not agree with the decision issues. that was taken, but the people have spoken. From 1 July the Greens will be needed We now deal with a re-elected Liberal gov- more than ever in the Senate. We will work ernment. I am not going say a ‘Liberal- to advance the positive vision that we have National Party government’, because I do not for this country, for a just nation and for a think the National Party count very much world founded on the principles of social these days in terms of their public clout and justice, peace, democracy and ecological their real clout in the so-called coalition. I sustainability. We will not stop until this note they did not even have a separate Na- compassionate voice for Australia is heard tional Party campaign speech in the election, loud and clear. We will speak out in parlia- Senator McGauran. They left it up to the ment, in the community, in the media, at ral- Liberal Prime Minister to give the campaign lies, at demonstrations and at public meet- speech on behalf of the National Party. ings all across this country. That is how the Senator McGauran—Have you read the Greens will continue our role at the forefront Senate results? of progressive social change in this fine Senator SHERRY—I have read the Sen- country. That is how we will bring a positive ate results, but the real test for Senator and optimistic vision for a just, fair and McGauran and the National Party will be to beautiful Australia into being. see if their bite is worse than their bark! That will be the real test, and whether or not—
CHAMBER Wednesday, 17 November 2004 SENATE 47
Senator George Campbell—If they’ve In terms of the election, there were two got any bite. economic issues that received significant Senator SHERRY—Exactly—whether commentary. They were the level of eco- they have got any bite. They have got poten- nomic growth that has occurred under the tial bite; it is whether they actually exercise now re-elected government over the last 8½ it. What we have seen from Senator McGau- years, and the linking of the issue of interest ran and his colleagues in the Senate and the rates and the false allegation that a Labor other place, certainly in the last 14 years that government would mean a return to the in- I have been in the Senate, is a doormat ap- terest rate peak of approximately 17 per cent. proach. When it comes to the crunch, they That was the allegation made. It was false. just roll over to the demands of the Liberal Nonetheless, I accept the will of the Austra- Party. I did look at the Senate results but, lian people, and there were some people in when you look at the results in the House of the Australian community who were obvi- Representatives, I am certainly not greatly ously convinced of the false argument that an thrilled by the Labor Party’s results. But the election of a Labor government would mean reality in terms of the coalition is that the a return to interest rate peaks of 17 per cent. Liberal Party represents far more rural and On this issue and on the issue of economic regional seats in Australia than the National growth, there is an interesting publication Party does. I have looked at the Senate re- just released by the Parliamentary Library sults in Queensland. In particular, I looked at which examines a range of economic indica- the stunt the Liberal Party pulled in Queen- tors in the period from 1972 to the present. It sland in terms of the how-to-vote letter from is interesting reading and it is well-balanced the Prime Minister to National Party voters economic research and data from an inde- that managed to convince a significant num- pendent source. I will go to the issue of eco- ber of National Party voters to switch to the nomic growth. I suppose it is not unreason- Liberal Party in the Senate. But let us put all able that a sitting government, the Liberal- that aside. National Party government, would claim all Since the election, and since the election the credit for the level of economic growth of a Labor shadow ministry, to which I was over the last 8½ years. It is not unreasonable re-elected, I have had finance added to my that they would claim that, even if it is not previous responsibility of superannuation. In correct. But when we look at levels of eco- that capacity it will be part of my role to con- nomic growth in the library’s publication, the tribute to debate, representing the shadow average economic growth by percentage in treasurer, Mr Wayne Swan, and the shadow the Hawke-Keating years—from 1983 to industrial relations minister, Mr Stephen 1996—was 3.7 per cent. The average level of Smith, in the Senate. In the election there economic growth under the Liberal govern- was discussion of some economic issues. I ment over the last 8½ years was 3.6 per cent. want to make a relatively brief comment In other words, the average level of eco- about that today and then focus on some nomic growth over the 8½ years of the Lib- other economic issues which did not gain eral government was a fraction lower than very much attention in the election at all but the average level of economic growth under which are of growing concern, certainly the 13 years of the Hawke-Keating govern- amongst the economic community and ment. gradually amongst the broader community. The other statistic which is very interest- ing is the level of real housing interest rates.
CHAMBER 48 SENATE Wednesday, 17 November 2004
Of course, that is the level of housing interest the quarter-by-quarter release of these statis- rates after taking inflation into account. The tics—Australia has been close to or some- level of real housing interest rate over the 13 times at the top of the economic growth years of the Hawke-Keating government was league over those 14 years. When I talk 6.9 per cent; the level of real housing interest about a growth league, I am talking about the rate under the 8½ years of the Liberal gov- comparison with 14 other major advanced ernment was 4.6 per cent. So it is factually economies around the world. But, if we look correct to say that the level of real housing at the issue of the current account deficit and interest rate is lower, but it is certainly sub- at where we are in that league of 15 ad- stantially different from the frankly absurd vanced economies with respect to current claim being made during the election cam- account deficit, the sad fact is that we are paign that an elected Labor government very close to the bottom. would mean a return to an interest rate peak The current account deficit in 2003-04 on of some 17 per cent—a vastly incorrect and our balance of payments was some $47.4 basically false claim made by the govern- billion—that is, 5.85 per cent of Australia’s ment. Nevertheless, I accept the will of the gross domestic product. That puts us at the people—some people believed that false bottom, and vying with the United States for claim. one of the worst current account balance of It is part of my role—and part of the role payments records, of the league of compara- of all Labor senators and members, but I ob- ble economies. Whilst terms such as ‘current viously have a level of responsibility—to account deficit’, known as CAD, or ‘gross draw to the attention of the Australian public domestic product’, known as GDP, are obvi- the real economic facts and the real eco- ously not in everyday public discussion—or nomic outcomes. As I said, there has been a barbeque stoppers, as some issues have be- substantial focus in recent times on eco- come known—this growing trade deficit nomic growth and on issues relating to inter- does have significant long-term implications est rates, particularly the household interest for Australia’s economic wellbeing because rate and housing mortgages. I want to draw it has to be funded. The deficit has to be the attention of the Senate to a number of funded by borrowings, which inevitably other key economic indicators which the means the importation of capital into this government invariably does not like attention country, and obviously that has to be paid drawn to. I think we are going to see a grow- for. Because of our reliance on imported ing focus and public debate on a number of capital because of the level of the current key economic indicators that this govern- account deficit, a country such as Australia is ment does not like to talk about or, if it does exposed to much greater levels of adverse get engaged in a debate on them, distances economic change should there be adverse itself from any direct responsibility for. economic circumstances in the rest of the The issues I want to refer to today are the world. Australia is exposed because we are current account deficit, the level of foreign so reliant on importing the capital to sustain and national debt, the level of national sav- the current account deficit. ings and the level of public and private debt It is true that from time to time there are in general. It is true that the level of eco- factors that do blow out the deficit. There is nomic growth in this country over the last 14 no doubt that a drought affects the current years, not just the last 8½ years, has been account deficit. There may be changes in the very solid and that generally—depending on circumstances of our trading partners. Cur-
CHAMBER Wednesday, 17 November 2004 SENATE 49 rency variations, fluctuations and movements debt is escalating. If that is escalating then affect the current account deficit. But the sad obviously at the same time the level of sav- fact is that under the Liberal government the ings by households is in rapid decline. The current account deficit has in the long term level of savings by households in 1994-95, got steadily worse and should be of signifi- for which I have statistics, was 3.52 per cent. cant concern to this country, particularly if The level of savings by households in 2003- there is a change for the worst in economic 04 was minus 1.42 per cent. What does that circumstances in the rest of the world. We mean? It means that in 2003-04 Australian are more greatly exposed in the event of households dissaved—they spent more than those adverse circumstances. There is a they earned—approximately $11 billion. whole range of activist policy interventions That was funded by borrowing and increas- that a government can use to at least reduce ing the level of personal household debt. the level of growth in the current account This can have very serious consequences. deficit but that the Liberal government has Again, that was an underlying theme of the neglected—for example, industry policy de- Liberal government’s election campaign. velopment. That is not my area and I am not Having presided over a massive increase in going to go into that today. the level of personal and household debt in Related to the current account deficit is this country over the last eight— the level of foreign debt. Again, prior to the Senator McGauran—Individual deci- election of the Liberal government in 1996, sions. they were very fond of drawing attention to Senator SHERRY—Sure, they were cer- Australia’s level of foreign debt. In the year tainly individual decisions, Senator McGau- to June 2004, the level of foreign debt ran; I acknowledge the interjection. But if reached $393 billion. As a share of gross you are an active government and you care domestic product, foreign debt has steadily about the economy and about the future of increased from 13.9 per cent to 48.5 per cent individuals and households, there are still over the last 20 years. Foreign debt levelled various active policies you can implement to off from 1992 through to 1998 but has since lift the level of savings. It is simply unsus- accelerated. Again, we have not heard very tainable for the level of household savings to much from this government—in contrast to continue to be negative. It has significant what we heard in the lead-up to the 1996 economic implications for the future of this election—regarding concern, and there country. The current Liberal government should be real concern, about the escalating rightly draws attention to the consequences level of Australia’s foreign debt. of an ageing population. If Australians are Linked to the issue of foreign debt is the dissaving, and in fact borrowing against their issue of national savings. We heard a lot futures, the consequences will be very dra- from the Liberal government when it was matic when they reach retirement, for exam- elected in 1996 about the level of govern- ple. With respect to funding issues like re- ment debt and the need to reduce it. But gov- tirement incomes or health, continuing to ernment debt is a component part of national dissave at the current rate will have a very savings. What makes interesting reading are serious and savage impact on the future of a the figures that show that, in contrast to the significant number of individuals and house- level of government debt—which we hear a holds in this country. (Time expired) lot about from time to time from the Liberal government—the level of household, private
CHAMBER 50 SENATE Wednesday, 17 November 2004
Senator BROWN (Tasmania) (11.56 One of the dastardly things that occurred a.m.)—It is great to be back. I am looking was a central decision by the Labor Party to forward to the coming three years; it is going allow preferencing of Family First as a to be very interesting indeed. I congratulate means of trying to blackmail the Greens into those who have won House of Representa- preference arrangements in the House of tives and Senate seats and I commiserate Representatives. It has backfired and we will with those who did not. We have a robust continue to remind the Labor Party about democracy, and for everyone who does win a that. However, what has come out of that is a seat there are five to 10 people who stand look at the democracy that we have and how and do not. It is a great credit to them that we might have parliaments best reflecting they offer voters choice and that they have the will of the people. the courage and the public spiritedness to put A while ago, Senator Nettle spoke about themselves forward. In congratulating the the need for proportional representation in government I am of course congratulating a the House of Representatives so that we minority government in both houses. Before catch up with modern democratic practice in the hubris and the arrogance that tend to Europe and in many other parts of the world. creep into governments with control of both That is something that the Greens stand for houses get taken too far, I remind senators and will continue to pursue. Indeed, if the opposite that the Howard team got 46.7 per Greens vote of over seven per cent in the cent of the vote in the House of Representa- House of Representatives were translated tives and 45 per cent of the vote in the Sen- into a proportion of the votes, there would be ate. In other words, the government failed to more than 10 Green members of the House get a majority vote in either house, although of Representatives and that is how democ- that has translated into majorities under the racy would have it. Instead there is zero, un- preferential system that we have in this coun- der the unfairness of the non-proportional try. representative system which both the big It is also notable that, due to that preferen- parties adhere to. tial system, which is unfortunately too easily I have spoken about the Senate but we manipulated by the parties, the Greens will ought to be taking a leaf from the New South have two new members—and, boy, are we Wales book. Legislation there—introduced going to know about Christine Milne and by my Greens colleagues into the upper Rachel Siewert in this place as of 1 July next house and then adopted by the parliament— year—and we required 458,000 votes for means that there is the opportunity for voters each of those Senate seats. Contrast that with to vote preferentially above the line. That is, the coalition and the Labor Party, who re- from one party to another so that they are not quired about 260,000 votes per Senate seat. tricked, defrauded or misled, as they were in Then there is Labor’s Family First represen- the last election, by a preferencing system tative from Victoria, who required consid- where the parties lodged their preferences erably fewer than 100,000 votes—in fact, it and many voters were not aware. The Greens was a tiny vote. Family First required 1.88 will be moving to introduce above the line per cent, or 56,000 votes in Victoria; and preferencing into the Senate in the new year 210,000 votes nationally to win a seat—in as part of the reform of democracy coming other words, much less than half the number out of the election and the improvement of that was required by the Greens. empowerment of the people in an age when the principle of one person, one vote, one
CHAMBER Wednesday, 17 November 2004 SENATE 51 value is seriously under threat in some of the They’re giving my kids easy access to marijuana. great old democracies of the world. Of That is a lie. It is an absolute falsehood from course, Australia is one of the oldest and a Christian based party to an electorate to most successful democracies on the face of defraud and deceive that electorate deliber- the planet. ately to have vote changes. Finally, from the One of the things that exercised the minds Family First party: of many people in this country in the last That’s not green, Bob, that’s extreme. election—more than in any other election in Naming me in association with policies that a long time—is the requirement that electors are not mine and that were not the Greens get truth in advertising and are not misin- policies but a direct breach of the seventh formed. The parliament removed the need commandment by this Christian based Fam- for truth in advertising as part of the Com- ily First party in a premeditated effort to de- monwealth Electoral Act in 1984 under the ceive innocent voters. If we get that from the then Hawke government. However, there Christian right, what can we expect from was some halter on it through FACTS, the elsewhere across the spectrum? We can ex- Federation of Australian Commercial Televi- pect worse. Coming from even further to the sion Stations, which until 2002 required truth right we had the Reverend Fred Nile in New in advertising on the electronic media. That South Wales, who claims a direct link with was then removed. The argument was that God in the promulgation of his politics, say- there was a legal doubt over the ability of ing: FACTS to regulate truth in advertising. The GOOD NEWS FOR PAEDOPHILES. THE lid was right off, for the first time in Austra- GREENS WANT TO CLASSIFY TEENAGERS lian history, in the 2004 elections. So we had AS ADULTS. a range of advertising which went from mis- Et cetera. He goes on to say: chievous to downright lying. Now they’re set to take their plans nationwide. It I, for one, deplore the trend towards nega- must bring a smile to child-abusers in every sub- tive attack advertising which has been urb. adopted from the American milieu not only Not only is that not godlike, it is downright by the government in particular but also by evil and sinful. It is a downright deception as both big parties. But attack advertising is one well as a calumny of the Greens—a mischie- thing; another thing is deceiving the elector- vous, downright and very evil deception of ate. The excesses of that can be seen in the the electorate coming from the Christian attacks on the Greens by the Family First right. There is a challenge here to Christians party—a Christian based party coming from throughout this country. I spoke about this on the Assemblies of God and other religious the weekend at the national conference of the backgrounds which amongst other things ran Greens because this is a challenge that must advertisements in key electorates like South be taken up by the many Greens who are Australia, Tasmania, Victoria and Queen- Christians. Now that the extreme right of the sland saying, for example: church has entered politics so directly there Heroin? Ecstasy? The Greens want to legalise the is a challenge to the good-hearted, true ad- whole lot. herents of the humanitarian, egalitarian and That is an absolute lie. That has never been loving policies of Christianity to claim back the case. That is not policy and will not be Christianity and not to leave it to these dis- policy. Then directly: torted, malicious and deliberately deceptive
CHAMBER 52 SENATE Wednesday, 17 November 2004 adherents of what they say is Christianity ence to the executive by every senator on the when it is nothing of the sort. There is a chal- government side. If only one demurs on any lenge to good-hearted Christian people one issue, the government is going to be seen around the country. to be fractured and not in control. Senator Kemp interjecting— Senator Kemp interjecting— Senator BROWN—What I have to say Senator BROWN—Here we have the there is that we do need truth in advertising, government envying the Greens and our po- not least when it comes to advertising in the sition in the parliament. I can assure you we run to the elections. What a contortion! We are going to be very happy to test out the have got an embarrassed and somewhat government on a whole range of issues. guilty response from the government. They Senator Nettle gave a very cohesive and can speak for themselves about this matter, comprehensive list of those issues on which as you say. the government is going to find itself tested Senator Kemp interjecting— after 1 July next year. But here is the point: it was the practice, particularly before the Senator BROWN—He is talking about crossbench had control of the balance of Liberals for Forests. They are no friends of power—not control of the Senate, but a say ours whatsoever. He needs to go and speak to through the balance of power—for govern- some of the other parties about that one. But ment members to cross the floor, not just in it endorses my point that the public in a de- this house but in the other place. Who can mocracy—and democracies depend on in- forget William Charles Wentworth? We are formation being correct and on having a going to see that again. We are going to see it well-informed voting public—have a right to on issues which we might be able to predict, be protected from deception, manipulation like the sale of Telstra, but we are also going and lies. In response to that right, we have a to see it on issues we cannot yet predict. responsibility to legislate to ensure they get it. I do not believe that any entity—be it one Senator Kemp—Live in hope, Bob! looking after the removal of restrictions in Senator BROWN—I do not live in hope; trade practices and so on—has an inherent I live in an assuredness which comes from right to influence this nation so that it is fed history and from human nature. Here is a lies in advertising in general, let alone lies in government that could not even get off on the presentation of the party policies in the the right foot in this term of absolute power. run to an election. We have had a month of totally negative, The government will have 39 seats in this nonproductive debate about abortion law place, backed up by the Labor Family First reform, because the Prime Minister did not representative, as of 1 July next year. I know put an end to it at the outset if it was to go that there is a fair bit of hubris attached to nowhere. He left it for weeks and, just this that. The government feels that it is going to week, put it aside after agonising by many, be in full control. It has attenuated the sit- many people in the community, including tings before 1 July so it can bring in anything members of his own party. He recognised it wants. As the government sees it, it can that there was a schism coming and said, ‘I turn the Senate into the rubber stamp it has have got to get this off the agenda.’ He had made out of the House of Representatives to speak very directly to Mr Abbott to do so. since it took office. Well, really! What will If that is in the wake of an election victory, be required is an absolute and slavish adher- what is coming down the line on contentious
CHAMBER Wednesday, 17 November 2004 SENATE 53 issues for a party which depends on every in that city in the last couple of weeks will single member in the Senate being rock become public knowledge and we will be- solid? come more ashamed of the use of arms and It is going to be an interesting Senate. We terror and the destruction there. Monetary will see interesting times. We will see the power has been turned into fire power in- guillotine and the gag used to get contentious stead of conducting human affairs through issues through here. Nevertheless, you have debate, accepting difference and leaving to vote. There is no way you can avoid a vote people to the determination of their own fu- if you want to bring through new laws, and ture. that is going to test every one of the 39 sena- The third is the Tasmanian forest issue. It tors, who are required to vote. If one demurs, got on the national agenda during the elec- if one says, ‘I cannot go along with that,’ if tion and is now a challenge for the federal one says, ‘I am from the bush; I will not sell government. There will be an outcome which Telstra,’ or if one says, ‘It goes against my is better than that in 1998 or in 2001, and we principle to support this piece of government wait to see it. This issue will not rest until the legislation,’ the legislation fails. Without a great forests of Tasmania are safe from the majority, the matter is resolved in the nega- chainsaws. Global warming and global pov- tive. So I think we are in for a very, very in- erty are issues before Prime Minister How- teresting and up-beat Senate period. It will ard, and his challenge in leading the wealthi- be an exciting and testing time and one est country on the face of the planet in per which, for those who despair in the thought capita resources is to move towards not only that the government is in total control, is go- ameliorating but fixing these issues. That is ing to test the complexity and the spread of your challenge, Prime Minister, in the com- thinking of a great party like the Liberal ing three years. Party and its coalition subordinates. I abso- Senator LUNDY (Australian Capital Ter- lutely look forward to every day, every ritory) (12.16 p.m.)—I rise in the chamber month and every year of this period of gov- today to speak to the address-in-reply to the ernment. Governor-General’s opening address to the I want to highlight some issues that Sena- 41st Parliament. I thank the people of Can- tor Nettle spoke about that this government berra and the ACT who elected me to my is going to have to do something about. The fourth consecutive term as their senator. It is first is Indigenous health. How can this gov- with great honour and pride that I continue to ernment remain indifferent to spending less serve the people of Canberra as their only per head on Indigenous health than for the Labor senator, and I will ensure that their rest of the country when the Indigenous interests continue to be my priority. population dies 20 years younger on average, While disappointed that Labor did not has awesome infant mortality rates and suf- achieve the desired result nationally, Labor fers the dreadful scourge of petrol sniffing? was overwhelmingly returned in the ACT, It is more than a health issue. It is an issue achieving increased majorities in both the this nation must take up and rectify. federal electorates of Fraser and Canberra, The second is Iraq. We are going to hear returning Mr Bob McMullan and Ms Annette much more in the coming months about the Ellis respectively. I know they will continue terrible, horrific siege of Fallujah. It is not to provide outstanding representation to the over. The dreadful things that have occurred people of Canberra. Serving in my roles both
CHAMBER 54 SENATE Wednesday, 17 November 2004 as senator for the ACT and as shadow minis- today. I take this opportunity to offer some ter in the federal parliamentary Labor Party comment on these portfolios up to this point. is always a humbling experience. The federal I should also add that my former shadow campaign this year provided a unique oppor- portfolios are now in excellent hands with tunity to combine these roles and to take La- shadow minister Alan Griffin having respon- bor’s vision and message to the Australian sibility for sport and recreation; Senator Kim people. Carr, the arts; and Senator Stephen Conroy, I would like to reflect on my previous information technology. I look forward to portfolios of sport and recreation, the arts them holding the Howard government to and information technology as they have account. given me the opportunity to work at the Let me turn to sport and recreation, and I grassroots, engaging with many community am glad that Senator Kemp is in the chamber networks, organisations, associations and because he might be interested in some of professionals in these fields right across the my reflections. Labor’s policy in sport and country. Policy development in the Labor recreation was the culmination of an opposi- Party is always an all-encompassing process, tion campaign to put recreation and grass- from consultations within these stakeholder roots participation back on the sports agenda. groups throughout many stages of policy Labor clearly set the agenda in this area of development right through to engaging and the portfolio and time after time the Howard consulting within the Labor Party rank and government was left playing catch up, par- file. Over many years this process has cul- ticularly when addressing the issues of minated in the release of policies that Labor childhood obesity, health and community and I are certainly very proud of, and this has wellbeing and how they relate to physical been the highlight of my work as a shadow activity. minister in these areas. Labor campaigned strongly on the basis I certainly relish the challenge presented that the sports agenda should be much by my new role as shadow minister for broader than that which it had come to under manufacturing and consumer affairs. Both the Howard government with a quite limited portfolios offer up new issues, debates and focus on organised sport. While that is im- exciting opportunities. I note that the How- portant, it is certainly not the whole story in ard government does not have a spokesper- the portfolio. Over the years, under the How- son or representation within their ministry ard government policies, we saw the Austra- for either of these portfolio areas. That in lian Sports Commission shift its funding fo- itself sends a strong message about some of cus almost entirely to a limited number of the serious points of differentiation between organised and elite sports. In its Beyond 2000 the priorities of the Labor Party and those of paper, the Howard government admitted that the Howard government. the Australian Sports Commission’s partici- Before I move on to discuss my new roles, pation programs were underfunded. Since I would like to wrap up what I see as the ma- coming to office it has dropped recreation jor issues that I dealt with as shadow minis- from the sports agenda, axed the Active Aus- ter for sport and recreation and the arts. I tralia program and cut sport and recreation suspect I will not have time to talk about development grants funding—a really criti- information technology but I hope to speak cal area of support for regional sports organi- on that area in matters of public interest later sations around Australia. During the cam- paign, I visited community sporting grounds
CHAMBER Wednesday, 17 November 2004 SENATE 55 and organisations who had felt the full Labor took the lead in these areas. Back in weight of the Howard government’s cutbacks October 2003 we released our policy called at the local level. With scarce resources and Tackling Obesity and Promoting Community funds, these groups rely on volunteers and Wellbeing: Labor’s Plan for a Healthier and sheer determination to keep community sport More Active Australia. It constituted the first going in their local areas. They do it with concerted federal effort to improve the gen- substandard facilities and experience less and eral health and wellbeing of all Australians. less support from their struggling national Labor’s planned investment of $25 million sporting organisations. over four years was to establish a new fund This highlights an imbalance that exists to promote community wellbeing and reduce within sport in this country. Sport and recrea- childhood obesity. The government’s re- tion bodies that are run by volunteers are sponse was cool, to say the least, despite the continually missing out. It is very important urgent need and growing public pressure for that we acknowledge and celebrate our per- a community coordinated strategy to reverse formance at the elite level, but we should not the trend in rising obesity rates. put the cart before the horse—we need to Low physical activity levels and poor diet invest in participation opportunities, as our are the two primary factors that are consis- elite athletes are not just born that way. They tently identified as major contributors to high have to be given opportunities at an early age overweight and obesity rates among Austra- and be supported through their sporting ca- lian children, yet we had to wait more than reers as their talent develops. Everyone is six months for the government to even begin entitled to that opportunity whether or not looking at providing lip-service and indeed they are identified as having a particular tal- some policy to address the rising incidence ent at a young age or they have parents who of obesity in our community. I have to say are able, within their household weekly that this is notwithstanding what I perceive budgets, to support those endeavours. The to be a great deal of frustration from within challenge is making sure we get that balance the Liberals’ own backbench on this issue. right. I believe that, over the last eight years, In the meantime Labor went one step fur- that imbalance has been exacerbated quite ther, announcing that if elected we would chronically. Even with recent activities and implement a ban on junk food advertising acknowledgment by the Howard government during children’s television programs where that they had got that mix wrong, we are still they were targeting children under the age of a long way in a policy sense from getting the 14. This was designed to assist parents with balance right. the dietary choices for their children. Televi- It is important to embrace all forms of sion advertising that influences very young physical activity that contribute to our na- children in this way can also have a detri- tional health and wellbeing, such as through mental long-term impact. It can entrench better physical and mental health and in- eating habits that flow through to the teenage creased social interaction. I have often de- years. Labor know that children do not have scribed sport and recreation as social glue in the same capacity that adults have to make our community. It is such and everybody educated healthy lifestyle and dietary choices involved knows that that is the case. I think and believe that those in leadership positions, that broader emphasis is a worthy focus. where it is possible to make a difference, should take an active role in ensuring that children are given the best opportunity to
CHAMBER 56 SENATE Wednesday, 17 November 2004 enjoy a long and healthy life. Once again to deal with such cases, but dealing with Labor took action where the Howard gov- these issues quickly and openly must always ernment had for eight years neglected to do be the primary consideration. Getting tough so. on drugs in sport means that we are required Another issue within this portfolio par- to face difficulties associated with dealing ticularly characterised this year was drugs in with such issues head on rather than turning sport. In the lead-up to the election Austra- a blind eye. The Howard government is now lian sport was embroiled in a range of doping in a position, having been re-elected, to take scandals that was perpetuated by the failure action. of the Howard government to stand by their I now turn to the arts portfolio. Over the claimed tough on drugs in sport stance. last eight years we have seen Mr Howard’s Again it was Labor that early on committed grand plan for the arts—a blueprint for the to the establishment of an independent sports expression of his own whitewashed betrayal doping ombudsman position and we will of Australian heritage and culture. In 2004, continue to argue the merits of it. The sports culminating in the federal election campaign, doping ombudsman should be an independ- the Howard government was forced to show ent person to whom athletes, players, its hand and its bluff was revealed. The coa- coaches, officials, members of the public and lition failed to deliver a glimmer of hope or sports organisations can refer complaints vision for Australia’s cultural future, choos- pertinent to doping allegations and be as- ing instead to disregard the contribution sured that those complaints or allegations made by Australian artists to our cultural and will be investigated fairly and independently social fabric. The government released its without fear of legal or other repercussions. arts policy just four days out from the elec- The sports doping ombudsman should be tion, and the only new initiative was the an- empowered to receive and investigate allega- nouncement that the National Portrait Gal- tions of doping practices within, and impact- lery would receive $56.5 million to build its ing on, sport in Australia. Despite the coali- own premises on the shores of Lake Burley tion waxing lyrical about its stance on drugs Griffin. The only other national institution to in sport as early as 9 March 2003 when receive any attention was the National Mu- sports minister Kemp—and I acknowledge seum of Australia, which received funding to his presence in the chamber—said that the modify the museum’s exhibitions so as to government was moving quickly to put a fulfil the Howard government’s political proposal to establish a recognised tribunal whitewashing agenda: to implement the rec- with the power to investigate substance ommendations of the highly criticised and abuse in every sport, election day came and highly partisan Carroll review. went this year and we are yet to hear of any This signals the clear intention of the decisive plan—or indeed any plan at all—for Howard government to continue along its the establishment of an independent investi- path of disgraceful political interference in gative and prosecutorial body. I look forward our national cultural institutions and, piece to Senator Kemp, given his noisy interjec- by piece, to dismantle their pride, independ- tions during my speech today, doing some- ence, credibility and integrity. The casualties thing about this issue very quickly. in Mr Howard’s war on culture are many and It is always unpleasant to find any athlete indicated by this clear loss of political inde- guilty of a doping offence and it is difficult pendence of the ABC and the National Mu- seum. There is also the Screensound Austra-
CHAMBER Wednesday, 17 November 2004 SENATE 57 lia issue and, more recently the Australia promise but, in the lead-up to the election, Council following the Prime Minister’s part we did not see an announcement of a resale in the unprecedented allocation of millions royalty scheme for visual artists. of dollars to Melba Records. A combination The government recently released a dis- of conservative appointments to their boards cussion paper on resale royalties, but it and councils, static funding followed by the seems that it has still made no commitment funding cuts of $8 million to all of the na- to implementing them. I, for one, will not be tional institutions, including the National holding my breath over the implementation Library and the National Gallery, are obvious of such a scheme. The challenge for Senator attempts to change the way our brilliant and Kemp and the Howard government is to get sometimes dark history is portrayed. The ill- a move-on on an issue that Labor made a fitting merger of Screensound Australia with commitment to over a year ago. Had we been the Australian Film Commission saw many elected, we would have brought in a resale of the promised safeguards broken that re- royalty scheme of five per cent, payable on lated to preserving its independence and all acts of resale of artistic work that take there is a very real concern that the integrity place in Australia through an art market in- of that world-class archive would be under- termediary. This would provide direct finan- mined. So it is a culmination of these attacks, cial benefit to visual artists and particularly which we have conscientiously documented to Indigenous artists, which I know Senator and exposed over the last few years, which Kemp and others would acknowledge is a stem from what I believe is a secret cultural critical area of importance. In 2004, the up- review. This secret agenda will have a long- shot is that the arts do not matter that much lasting, negative impact on our Australian to this government. Labor’s policies on the national cultural institutions. arts were a genuine attempt to raise the pro- I will move on to a choice the Howard file of the arts and to place the key issues in government made in its election campaign to the sector at the forefront of the debate. The sit on its hands and do nothing to address the Howard government has not bothered to systemic problems which have engulfed the make such an attempt. I do not know what to grassroots of the arts sector. The government expect, but I cannot see too much changing. largely ignored many of the key issues Perhaps one of the characterisations of which, ironically, were raised in a number of this neglect of arts and culture was the con- excellent reports commissioned by the How- text of the free trade agreement debate ard government, which investigated, ana- around local content quotas. It seems the lysed and represented numerous recommen- Prime Minister was content with the position dations through reports such as Don’t give up that our local content provisions could be your day job and the Myer review. Don’t give ratcheted down. In effect, he tried to neutral- up your day job indicated that one-third of ise the debate about the protection of local practising Australian artists live in poverty, content quotas. He certainly did not see the and 50 per cent of artists earn less than issue of ratcheting down as a problem and $7,300 per year from their art. You would was happy to sign off on the free trade think that would be reason enough to come agreement. From Labor’s point of view, that up with some solutions or at least to imple- is just not good enough. Labor put culture ment past commitments or recommenda- back on the table in an effort to ensure that tions. To implement all of the recommenda- Mr Howard did not leave Australia vulner- tions of the Myer review was an outstanding able to the ratcheting down of our local con-
CHAMBER 58 SENATE Wednesday, 17 November 2004 tent quotas. The upshot was that Labor in- characteristic of much of the legislation in- sisted on an amendment, which the Howard troduced by the Howard government since government accepted very rapidly. September 11, 2001 in the name of fighting There is also the underfunding of the ABC terrorism. The immediate relisting of these and the plight of the film and television in- bills is a disappointing indication that the dustry, Labor’s policies would have injected government intends to persist with its flawed much needed money into the ABC over a strategies to combat terrorism. four-year period. The situation in the film There is no doubt that terrorism presents and television industry is absolutely critical, new challenges for governments around the and Labor would have put the money in first- world—it is random, indiscriminate and de- up in this current financial year. Let me con- centralised and has given rise to a sense of clude on this note: the film and television fear among some in the community. Gov- industry is in dire straits because of the ne- ernments must take the threat of terrorism glect of the Howard government. The indus- seriously and develop new strategies to com- try needs rapid investment. The Howard bat this threat. Those strategies need to be government will not be coming up with that specific, targeted and effective. But the investment, and it remains one of the high strategies adopted by the Howard govern- profile areas to pursue in the arts portfolio. ment have been just as random and indis- (Time expired) criminate as the threats they seek to combat. Senator GREIG (Western Australia) Many of the government’s initiatives have (12.37 p.m.)—I too am keen to respond to been focused on prosecuting and punishing the opening speech by His Excellency, the those who have committed terrorist acts Governor-General. During his speech, the rather than on preventing terrorism in the Governor-General indicated that the gov- first place. While bringing terrorists to jus- ernment would press ahead with a number of tice is vitally important, saving lives is even the most controversial bills from the last par- more important. liament—namely, a bill to facilitate access to Intelligence has a fundamental role to play private SMS, email and voice mail commu- in preventing terrorism. Yet until recently our nications without an interception warrant; a intelligence agencies were poorly equipped bill to establish an extensive surveillance for this role. Rather than invest more re- regime for law enforcement officers; and a sources into intelligence agencies, the gov- bill which will undermine the right to a fair ernment’s initial response was simply to in- trial by preventing those fighting criminal vest them with more and intrusive new pow- charges from accessing all the evidence used ers. It was not until the Willie Brigitte deba- against them. cle, in which a cable from French authorities Each of these bills has previously at- went unnoticed by ASIO for three days, that tracted, understandably, widespread commu- the government decided to pour additional nity opposition and will have significant im- funding into intelligence and establish the plications for the protection of human rights 24-hour, seven-day-a-week National Threat around this nation. The consistent character- Assessment Centre. istic throughout each of them is that the gov- The government has now introduced more ernment has failed to demonstrate a legiti- than 20 pieces of so-called antiterrorism leg- mate and specific need for the changes they islation. But there is no doubt that the new contain. Indeed this has been a consistent powers for intelligence agencies represent
CHAMBER Wednesday, 17 November 2004 SENATE 59 the most radical changes. The infamous nity. Again, this strategy is indiscriminate ASIO bill, which Labor eventually let and infringes the privacy of all Australians. through the Senate, invests ASIO officers Increasing surveillance is the focus of both with the power to take any Australian into the Telecommunications (Interception) secret custody for up to a week for the pur- Amendment (Stored Communications) Bill pose of interrogating them. Such individuals 2004 as well as the Surveillance Devices Bill have no right to silence and are required to 2004. The first of these will enable the police prove they do not have the information ASIO to access private SMS text messages, email is looking for, or face five years in prison. Of and voice mail communications between most concern is the fact that this legislation individual Australians without the need to is not directed at individuals who are sus- obtain a telecommunications interception pected of involvement in terrorism, since warrant from a judge. ASIO already has the those people can already be interrogated un- power to access these communications with- der the current criminal justice regime. out a judicial warrant. The objective of the Rather, it is targeted specifically at law- Surveillance Devices Bill is to facilitate the abiding Australians who may have informa- use of other surveillance devices, including tion relevant to ASIO—in other words, non- listening devices, tracking devices and opti- suspects. The legislation enables ASIO to cal surveillance devices such as videos. interrogate teachers, journalists and lawyers, Again, some of these devices will be able to for example. It could also be used against the be used without obtaining a warrant. innocent family members, neighbours or col- The approach which we Democrats have leagues of terrorist suspects, or against those consistently taken when considering pro- Australians who just happen to be in the posed new antiterrorism powers is to assess, wrong place at the wrong time, causing them firstly, whether there is a demonstrated need to witness a particular incident of interest to for new powers and, secondly, whether they ASIO. involve any infringement of rights and liber- In our experience we Democrats have ties and, if so, whether that infringement can found that overwhelmingly most Australians be justified. Unfortunately the vast majority are committed to preventing terrorism. If of the government’s antiterrorism initiatives they have information that might be useful to have been excessive and involve serious in- the authorities, they are likely to come for- fringements of rights and liberties. The gov- ward and volunteer that information. But it ernment often fails to demonstrate any defi- seems that the government would prefer ciency in current legislative arrangements ASIO to take these people away, hold them and therefore the need for new powers is secretly for up to a week and interrogate questionable. For these reasons, the Democ- them for that same information. This strategy rats find most of the government’s antiterror- punishes law-abiding Australians for the ac- ism agenda unacceptable. tions of terrorists. It is misdirected, heavy- We Democrats have also adopted a differ- handed and unjustified. For these reasons, ent approach to the concept of balancing we Democrats maintain our strong opposi- human rights against national security. The tion to the legislation and have consistently Howard government consistently talks about voted against it. the need to balance human rights and civil Another feature of the government’s anti- liberties with the need to keep Australians terrorism strategy is to significantly increase safe. It has carefully created a perception, the level of surveillance within the commu- which we believe is a false perception, that
CHAMBER 60 SENATE Wednesday, 17 November 2004 human rights and civil liberties are somehow lice officers employed in Western Australia. inconsistent with national security. In other As at 31 May this year there were 4,985. words, we must be prepared to sacrifice cer- Since the current Labor government was tain rights if we want to be safe. But human elected police numbers in Western Australia rights and civil liberties are not a liability in have gone down and law and order has sim- the fight against terrorism; on the contrary ply gone to the dogs. Labor in Western Aus- we argue that they are a powerful weapon. A tralia is soft on crime. Police numbers is not strong culture of respect for human rights the major issue. When you look closely at will help to address the root cause of terror- what is happening on the ground in Western ism, not just its devastating and subsequent Australia you find not only that each police effects. district throughout the state is underre- The government talks about terrorists sourced but also each station is operating threatening our freedom and our liberty, in- below the authorised strength. As at Septem- deed our way of life. Yet the government’s ber this year every one of the state’s 14 po- response to terrorism also encroaches on our lice districts was operating below its author- freedoms, liberties and way of life— ised strength, some operating with up to 40 unjustifiably so. The Attorney-General him- fewer officers than designated by the state self has acknowledged that no amount of Police Commissioner. As you might expect, security measures can fully insulate us from the state Labor government thinks that Perth attack. So while the government moves in is the centre of the universe. Country areas the direction of a police state it acknowl- are absolutely devastated by the reduction in edges that this strategy may not actually be police numbers and police resources. These effective. Significantly, the Howard govern- reductions have occurred throughout each ment’s assault on human rights extends back police district in Western Australia. to well before September 11, 2001, and it While doing constituency work, a habit of continues on a range of fronts that are unre- mine is to conduct a number of crime forums lated to terrorism. in Perth. I invite large numbers of people to Debate interrupted. come along to present their concerns and their anecdotal experiences about law and MATTERS OF PUBLIC INTEREST order and the performance of the police. I The ACTING DEPUTY PRESIDENT want to make it very clear that the perform- (Senator Marshall)—Order! It being 12.45 ance of the police when they finally arrive p.m., I call on matters of public interest. and their performance in charging and prose- Western Australia: Law and Order cuting offenders is outstanding, but they Senator JOHNSTON (Western Australia) have a Herculean task with the limited re- (12.45 p.m.)—This afternoon I want to talk sources, the simply great neglect and the un- about law and order in Western Australia. I sympathetic response they have received bring to the attention of the Senate the fact from this state Labor government to requests that, prior to the last state election, the Labor for increased resources and police numbers. Party made a policy commitment with re- In the suburbs close to my office, resi- spect to law and order to increase police dents have been calling out for the two most numbers by 250 officers over four years. influential members in the Labor state gov- That commitment has been utterly broken. ernment, Premier Dr Gallop and Deputy When you review the numbers the facts are Premier Ripper, to provide greater resources that, on 30 June 2001, there were 4,993 po- for the embattled police officers in their elec-
CHAMBER Wednesday, 17 November 2004 SENATE 61 torates. With 4,591 reported acts of crime in it is totally and utterly unacceptable. The their two electorates alone in the first seven average response time for a priority 2 call, months of this year, the police are asked to which includes incidents where life and do an absolutely impossible task in combat- property are being threatened, was 12.8 min- ing crime and arresting offenders in those utes, which was the worst in the metropolitan suburbs. It comes as no surprise that not one area. The target response time is nine min- of the six metropolitan police districts was utes. A priority 3 call involves a situation able to achieve the accepted response time where a person’s welfare may be in jeopardy for priority calls in the latest figures that the or there is an opportunity to apprehend an state Labor government has provided. By offender. A citizen who makes a 000 call, that I mean that, if you ring 000, you expect who has seen what has happened, with an that there will be a police officer, a police offender close by, can expect a response time car, a police response within a reasonable in Western Australia of 36.6 minutes before a time. police car will be there. That is utterly and In the 2003-04 fiscal year not one of the completely unacceptable. The reason for that metropolitan police districts was able to re- is simply that in Western Australia Labor is spond to a priority 1 call within the target soft on crime. It is utterly outrageous that a response time. Half of the districts did not person’s life may be in jeopardy or that an meet response times for priority 2 calls, and offender may be able to be apprehended and five out of six metropolitan districts were the police in Western Australia do not attend unable to meet response times with respect to for 36 minutes. That is law and order, Labor priority 3 calls. Response times are crucial in style. assisting victims. The south-east metropoli- In the south-east sector of the metropoli- tan region of Perth—a very substantial slice tan area, which is a very large slice of the of the Perth metropolitan area—has the Perth metropolitan area, there is only one 24- worst record for response times than any- hour police station, and that is located at where else in the state, including, as I said, Cannington. The people in the eastern states the electorates of the Premier and the Deputy would be staggered to know what is going on Premier in my home state of Western Austra- with law and order in Western Australia. To lia. Crime in this area has reached totally have one police station covering such a huge unacceptable and record levels, yet the two area—from Armadale right through to Perth, major police stations in this area, Kensington and from Midland almost down to Lynwood; and Belmont, operate bankers’ hours—8 a.m. almost a third of the Perth metropolitan to 4 p.m., five days a week. A priority 1 re- area—and two police stations that operate sponse time of seven minutes was the second from eight o’clock to five o’clock is utterly worst in the metropolitan area. The target unacceptable. It is absolutely outrageous. response time is five minutes. These figures and these anecdotal ac- A priority 1 response involves someone counts of what goes on in our suburban ringing up and providing information that an streets come to me in the crime forums we armed hold-up is in progress or that armed conduct. The local members, Dr Gallop and offenders are threatening life. When you ring Mr Ripper, seem far removed from what is 000 in this situation—being threatened by an happening. Of most concern is that the vic- armed assailant, and you expect a police of- tims of these crimes are the elderly. Home ficer there in five minutes—and you find that invasion and burglary are the principal mo- seven minutes is the average response time, dus operandi of criminals in these suburbs
CHAMBER 62 SENATE Wednesday, 17 November 2004 and the victims being preyed upon are our this year alone there were 57 burglaries and most vulnerable people—those over the age 20 assaults in Rivervale. A participant in one of 55. The Premier should come out of his of my crime forums said to me that on nine plush, cosy high-rise office in St George’s separate occasions his home had been bur- Terrace, get on the ground with his constitu- gled or vandalised. His personal goods and ents and see what is going on. his motor vehicle over the past 12 months Sixty-six people attended one of my crime had been interfered with. He had reported forums and told me that the principal law only two of these instances. So the real fig- and order issue of concern for them was ure is probably three and four times greater home burglary, at a ratio of two to one to than the figure indicated by the government’s other law and order issues. Home burglary is records. the most threatening thing that happens to Mr Acting Deputy President Marshall, you these people. Lawless behaviour, a lack of will not be surprised to hear the two things police presence and resources, graffiti, vehi- demanded by the 66 people who attended the cle break-ins, home invasion, personal secu- Rivervale Crime Forum. They want a greater rity and car driving offences were all matters police presence and they want the Belmont which they either had personal experience of police station to be open for 24 hours a day. or whose neighbours or friends living near Yet the state Labor government has consis- them had experienced. When I confronted tently refused to resource and man this police them and said, ‘What do you think needs to station. Western Australia, under the Labor be done to address this problem?’ 88 per cent government, is a law and order basket case, of them said they wanted greater police pres- put very simply. The per capita rate of home ence in the suburbs. How does this stack up burglary in Western Australia is a massive against the promise in 2001 that ‘We will 48.5 per cent higher than the national aver- increase police numbers by 250’, when, four age, 32 per cent higher than in New South years later, police numbers have gone down? Wales and 109 per cent higher than in Victo- This again underlines that Labor is funda- ria. This is cause for alarm. The home inva- mentally soft on crime. sion rate in Western Australia is 104 per cent At the Rivervale Crime Forum that I held higher than the national average, 113 per the message I got was that ordinary citizens cent higher than in New South Wales and a were absolutely fed up with opportunistic whopping 216 per cent higher than in Victo- thieves and violent criminals. Most distress- ria. These figures are fact, and they are cause ing to me was that most of these thieves and for great alarm. In my crime forums and criminals were between 11 and 15 years of when out and about amongst community age, so kids are running riot. There is a deep groups, the No. 1 issue people raise with me and endemic problem out in the suburbs and is their concern about being safe in their the state Labor government has utterly failed homes. People are genuinely scared for their to address it. In 2003, there were 783 re- own safety and they want something done ported acts of crime in the suburb of River- about it now. But the sad fact continues that vale—one small suburb of Perth. It would Labor in Western Australia is soft on crime. appear that 2004 is going to be worse. In the The problem is not confined to the metro- first seven months of 2004 there were 421 politan area. The problem of the Western reports of criminal acts, including 277 cases Australian Labor government being soft on of burglary. This is one suburb, one small crime goes from one end of the state to the part of Perth. In August and September of other, from Albany in the south to Kununurra
CHAMBER Wednesday, 17 November 2004 SENATE 63 and Broome in the north. The community spect to our IT policies as presented during newspaper the Southern Gazette reported on the election just past. Of course, it is of great 2 November that a local Lathlain resident regret that there will not be the opportunity living near a suburb adjacent to my office in to implement them—not in the forthcoming Perth had been burgled three times in the three years, anyway. past 16 months. The resident said: The principles and motivation underpin- The first and second time they took all my ning our IT industry policies relate directly electrical equipment and the third time they to increasing the competitiveness and capac- walked straight past my entertainment system and ity of the information and communication stole my clothes, golf clubs, mountain bikes and technology industries in Australia. This eco- DVDs. nomic aspiration is guided by a strong belief This person went on to say that he and his in the ability of this sector to be one of the neighbour, who has also been burgled, have best in the world. Labor has always under- collectively spent $10,000 on home security. stood the importance of strategic industry The local member is the Deputy Premier of policy that helps sectors with strong export Western Australia. He has come out with a potential to grow. The creation of new enter- plethora of garbled platitudes that will prises born of good ideas and their develop- achieve nothing for his constituent. The local ment into sustainable, employment creating, resident continued: export oriented businesses is essential for I do not feel safe in my home. These incidents, Australia’s economic health now and in the which have happened during the day, have made future. This is also an area of great distinc- me feel unsafe to the point where I go home from tion between the Labor Party and the coali- work once or twice a day just to check on things. tion government. Under the government’s This is an outrageous situation. It pains me to watch, Australia’s performance in IT manu- have to come to the Senate and say that hard- factures has actually worsened. Whilst ser- working police officers in Western Australia vices have grown, they have not kept pace are not receiving the support, the resources with increasing imports. This has led to a and the number of policeman they need to do trade deficit in information and communica- a good job protecting law-abiding citizens in tion technologies that has grown unaccepta- Western Australia from rampant crime, bly fast. In fact, it has grown at a rate of 7.4 criminals and criminal activity. per cent per annum since about 1994-95. It Information Technology: Policy now stands at around $14.4 billion, which Senator LUNDY (Australian Capital Ter- represents imports of some $19.7 billion off- ritory) (1.00 p.m.)—I rise in this debate on set by about $5.3 billion of exports. This matters of public interest to reflect upon in- deficit has become the symbol of the Howard formation technology policy. I will use this government’s failure to promote and support opportunity to continue the comments I the development of the local ICT industry to made in my reply to the Governor-General’s become necessarily more competitive glob- address. Information technology remains one ally. of the most important change agents in our One of the key measures of competitive- society, culture and economy. I am very ness is an Australian firm’s ability to demon- pleased to see the portfolio ascend to shadow strate performance to potential export mar- cabinet in the capable hands of Senator Con- kets and overseas clients. Labor learnt very roy. Labor have a lot to be proud of with re- early by listening to successful local IT com- panies how important the presence of a ref-
CHAMBER 64 SENATE Wednesday, 17 November 2004 erence site created by a large contract is in this would resolve a great injustice that has their endeavours to sell their services and denied many deserving enterprises the products overseas. Given the nature of the chance not just to innovate here in Australia Australian market, it is not surprising that and to build their businesses but also to build government contracts, which represent the the scale they need to expand into export largest ICT opportunities in Australia, have markets. While government contracts consti- become critically important in the ability of tute a crucial export credential not just in IT, our local firms to establish those reference the latter is important given the value and sites they need to establish their export cre- synergy of having a strong local industry dentials. But the coalition government have combined with strong usage of ICT provid- never understood this. They have been ers. The contribution of those two things to blinded by an ideology that says we must not only our economic wellbeing but also our outsource in whatever way we can. Ironi- social and cultural wellbeing into the future cally, the coalition’s allegation that Labor’s is crucial. concerns about government IT outsourcing As a final note on this issue: what happens are based on ideology is absolutely un- next under the coalition government? The founded. The reverse is true. issue of barriers to government contracts is There are many good proven reasons to well known and well articulated. It should be keep strategic control of IT outsourcing in well understood. Indeed, the new minister house. It makes sense: managers need to for IT, Senator Coonan, followed Labor’s know what they are doing with technology in lead and conceded that action was required order to have the service delivery and quality to remove onerous insurance barriers that control they require to effectively manage. have prevented local companies from tender- But it is not possible to have much of the ing. Therefore, the big question is: will the equipment sourced and many of the services minister follow up or will this be another performed in house, and they are necessarily non-core promise? I fear the latter, as some and appropriately outsourced. But this head- two days after the election result we saw that in-the-sand approach has rendered the coali- the responsibility for IT outsourcing will be tion deaf and blind to the folly of their failed transferring from the new minister’s depart- IT outsourcing debacle. A high price was ment—that is, the Department of Communi- paid by local industry, which lost work op- cations, Information Technology and the portunities, as well as by agencies and de- Arts—back to the department of finance. partments who suffered the fiscal and techni- This is quite an extraordinary outcome. cal consequences of the IT outsourcing pro- There have been many comments, debates gram for many years. Many, I have to say, and issues about the operation of the Austra- are still paying a very high price for that mis- lian Government Information Management take. Office during the campaign and over the last In contrast, Labor’s approach rejected year, but not for one second did the Howard what we consider active discrimination government allude to the fact that they were against demonstrably capable and competi- planning to move that whole unit out of that tive local companies. I am perhaps proudest department and put it back into the depart- of our commitment, in our policies leading ment of finance. up to the election, to remove this active dis- This is the worst-case scenario. As any crimination against local companies partici- commentator, journalist or stakeholder in the pating in government contracts. To remove industry will know—or, indeed, as any pub-
CHAMBER Wednesday, 17 November 2004 SENATE 65 lic servant with just a little knowledge of the to have that discrimination against them re- history of the former IT outsourcing debacle moved. will know—it started because the contracting It is also interesting to follow the pattern out of IT in government was based within the in government outsourcing. One of the areas department of finance. The department of that I mentioned where they have really finance, from 1996 through to the year 2000, squandered an opportunity is innovation. The was responsible for the chronic mishandling very big contracts that are pitched to them on of IT outsourcing contracts within the How- the basis of some economies of scale and ard government, not least because it sought price have the very demonstrable effect of as a third party to negotiate the contracts that suppressing innovation—to the point where would exist between the private vendors— open source software, which has the poten- the companies providing the IT services— tial not only to compete on its merits but also and agencies and departments themselves. to provide a very important competitive So now under the Howard government we pressure or tension within that market of have a back to the future time warp to 1996. government IT work, is likely to be pre- This does not augur well for many of the vented from having the opportunity to com- challenges that sit before those in the indus- pete. Again, the government have paid a try who continue their fearsome advocacy great deal of lip service to this area, but there for the removal of discrimination against has not been any real movement. It remains their ability to tender. Indeed, it is hypocrisy one of the immediate challenges for the on the part of the Howard government, Howard government to open the doors to which likes to talk about economic responsi- allow greater competition within the sector bility but which fails to realise that its mis- competing for government work. handling of these areas stifles competition This takes me to the issue of broader in- and is likely to produce a worse outcome dustry development. My comments have with respect to the expenditure of taxpayers’ been focused around the opportunity that money, not least because it is excluding a access to government work provides. But critical sector of the market from even com- that really sits as a subset of the bigger ques- peting for government tenders. tion. Labor policies provide a very compre- There is another whole range of argu- hensive 10-year vision for the development ments as to the downward effect this has on of the sector. We at least understand that it is innovation, competitive pressures and pric- the synergy of our status as an advanced user ing. Why on earth would you continue with of information and communication technolo- this methodology when it has been so ridi- gies and our capacity to be early adopters culed and has not been proven in the public both in industry and in the community of debate? It is not economically responsible to information and communication technologies persist with this approach. It will be interest- combined with our capacity to produce in ing to see now which minister has responsi- this sector that offers the best opportunity for bility for all of these issues. Will it be Sena- productivity growth and therefore economic tor Coonan? Will it be Mr Hockey in his new growth in Australia. It is the combined role as Minister for Human Services? Will it strength of both these factors that therefore be Senator Minchin in his role as finance constitutes the economically responsible path minister? It is now very unclear, and that is for Australia’s future in these sectors. not good news for small businesses seeking
CHAMBER 66 SENATE Wednesday, 17 November 2004
Multifactor productivity has been for ticularly with a focus on the young. UNICEF many years now a crucial measure in the put out a report on teenage birthrates in 2001 current and future economic health of a na- which found that in 1996 at least 1.25 mil- tion. If the Howard government had any lion teenagers worldwide became pregnant economic credibility it would have translated each year in the 28 OECD nations that were this into some sharp policies that understood reviewed. It said that half a million teenagers the necessity for strong usage of ICT, which will seek an abortion and about three- has always been lauded—and from the coali- quarters of a million will become teenage tion’s perspective there is an absence of any mothers. In Australia approximately 25 per understanding of the synergistic benefits of cent of 15-year-olds and 50 per cent of 17- having a stronger capacity in the production year-olds have had sex. There is evidence area of ICT. The OECD can demonstrate that the age of first sexual intercourse is get- through their analysis that it is a combination ting younger and that this sexual activity is of these two strengths that really gives the resulting in pregnancies. economy of a given nation the grunt it needs It is true to say that the teenage birthrate to maximise the return from productivity in Australia has dropped enormously over growth. the last 30 years, down to 20 per thousand The coalition government have never ac- teenagers from 50.9 in 1970, but that is still a knowledged this. Their chronic neglect of very high rate. Twenty teenage girls in every investment in the foundations where these thousand have babies, and a further 24 girls skills and opportunities come from, the strip- in every thousand have terminations. At 44 ping of billions of dollars from higher educa- pregnancies in every thousand teenage girls tion, the cutting back of research and devel- in Australia, our rate is high, but it is not the opment through the crucial years in the late worst. The United States figure is 85.8— nineties—and that neglect continues—and almost one in 10 teenagers getting pregnant. their absolute ignorance in dealing with the But at the other end of the scale, which is perennial missing link in Australia’s innova- what I want to focus on today, in the Nether- tion landscape, that of commercialisation, is lands, Japan, Spain and Italy the figure is just culminating in an area of fundamental ne- over 10. In other words, our rate is four times glect, which is the production and manufac- as high as theirs. ture of ICT in Australia. It is on that basis If we just look at births, our rate is six that I approach my new portfolio responsi- times higher than that of Korea and three bilities with such anticipation. times that of Japan, Switzerland, the Nether- Abortion lands and Sweden. Of course, teenage preg- Senator ALLISON (Victoria) (1.15 nancy and birth are not equally distributed p.m.)—There has been a lot of debate in re- within society. Australia’s highest teenage cent weeks about the Minister for Health and birthrates are among Indigenous women. In Ageing’s statements that 100,000 abortions a 1999, 21.3 per cent of Indigenous births were year in Australia is a tragedy. The Democrats to teenagers, compared with 4.2 per cent of agree that the number of terminations in this non-Indigenous births. Australian women in country is far too high, and I think now is a socioeconomically disadvantaged groups and good time for us to examine how we might in certain geographical areas are also more reduce that figure. Today I want to look at likely to be teenage mothers. some of the statistics that are available, par-
CHAMBER Wednesday, 17 November 2004 SENATE 67
Giving birth while a teenager is strongly as 28 per cent. Of course, chlamydia is asso- associated with disadvantage later in life. ciated with pelvic inflammatory disease, Teenage mothers are more likely to drop out which may lead to tubal infertility, chronic of school, have low levels of qualifications, pelvic pain and ectopic pregnancy. be unemployed and low paid, live in poor The point I want to make today is that the housing conditions, suffer from depression picture for Australia’s young people and their and live on welfare. Children of teenagers reproductive health is not rosy, and it is not are more likely to live in poverty, to grow up likely to be improved while the debate cen- without a father, to become victims of ne- tres on terminations, which simply instils glect or abuse, to become involved in crime fear and shame in women. As in all health and abuse, drugs and alcohol, and eventually matters, prevention is better and so much to become teenage parents themselves, be- cheaper than cure. At the centre of our think- ginning the cycle all over again. Having said ing on the issue should be the idea of giving that, I want to acknowledge that there are parents the choices necessary to plan the tim- many teenage mothers out there who do a ing and the number of their children. We great job of parenting and who do not suffer have just not made the same progress in re- from those disadvantages, but they are in the ducing teenage pregnancies and births, most minority and, for the most part, their lives of which are not planned, as many other are a hard slog. OECD countries. For example, Austria and The 2002 results of the 3rd National Sur- Germany, both of which had higher rates vey of Australian Secondary Students, than Australia three decades ago, have re- HIV/AIDS and Sexual Health found that, in duced their teenage birthrates to well below their most recent sexual encounter, almost ours, and there are many other countries that one in 10, or 9.4 per cent, of Australian sec- have made substantial improvements in their ondary school students did not use any form teenage birthrates. Norway has reduced its of contraception, while a further 11.8 per teenage births by 72 per cent. This is despite cent used withdrawal. On average, young a number of factors in the past three decades people delay seeking prescription contracep- which could be expected to increase teenage tion for one whole year after initiating sexual birthrates, such as what some might describe activity. Teenagers are the most frequent us- as a weakening of traditional models of sex- ers of emergency contraception at Australian ual behaviour and increased sexual pressures family planning clinics. Forty-five per cent on young people. The UNICEF report sug- of sexually active Australian high school gests that those countries that have taken students do not use condoms consistently, steps to equip their young people to deal and 31 per cent use condoms without any with these social changes are the countries other form of contraception. that have been the most successful in con- As well as pregnancy, the problem with taining teenage birthrates, while those that unprotected sex is sexually transmitted dis- have undergone the sociosexual transforma- ease, and 3.5 per cent of sexually active stu- tion but have done little to prepare their dents have been diagnosed with a sexually young people still have very high, and some- transmitted infection. Chlamydia is one of times climbing, teenage birthrates. the most common notifiable diseases in Aus- I think we should be looking at the Neth- tralia, and most infections occur in the under erlands in particular. It has reduced its teen- 25-years-of-age group. Adolescent rates of age birthrate to the lowest in Europe and has chlamydia have been estimated to be as high just 3.9 teenagers in every 1,000 seeking
CHAMBER 68 SENATE Wednesday, 17 November 2004 abortion. Norway has lifted the average age say no’ approach. It does not work anywhere, of first intercourse, and it did this by being it never did work in this country and it is not open about sex and contraception, having going to work in the future. good sex education and providing sexual I urge the government to learn from the health services to teenagers through youth work that has been done in other countries health centres. on reproductive health. I have focused on I think that what we need to do in Austra- teenagers but there are many ways in which lia is to look very carefully at this area. Aus- we can also improve reproductive health ser- tralian governments have not implemented vices to women who are older than teenag- comprehensive sexual health education pro- ers. Emergency contraception would be one grams to teach young people how to have that I would draw attention to. Since January rewarding sexual relationships or to protect this year it has been available to women, but themselves from potentially adverse conse- how many women, teenagers and others quences. Arming students with information know that emergency contraception is avail- about health, sexual health and contraception able? We do not know because there is no has been demonstrated to be the most reli- program to make sure that people understand able way to ensure that young people make it is available. Some pharmacies provide responsible and safe choices. I think some emergency contraception and others do not. people fear that if we open this debate in We do not even know what percentage of schools and we start talking about it that that pharmacies are participating or how often will encourage sexual activity. The evidence this service is used. These sorts of statistics around the world is that the opposite is the are critical for us to collect in order to know case. what makes a difference. In the United Current state and territory government ap- States, emergency contraception, as far as I proaches are demonstrably patchy and in- know, is still not available. The President of adequate for the task of reducing unwanted the Planned Parenthood Federation of Amer- teenage pregnancies and preventing sexually ica argued: transmitted infections. Some Australian This is a safe drug that could prevent more than a schools, I admit, run very sophisticated and million and a half unintended pregnancies a year very good sexual health programs for all and reduce the number of abortions by about their students; others provide only optional 800,000 if it were widely used. subjects and not all states cover the same It is quite clear that there are many ways in issues. What we need is national leadership which we can reduce the current level of on sex education in schools. abortions in this country and we ought to do Next week, no doubt, we will be debating that, but using the best evidence available, some legislation where the federal govern- looking carefully at the needs of women and, ment sets conditions on schools to do with as I said, taking a national approach to this civics education—running flags up flagpoles problem. and the like. I would like to see those condi- Heiner Affair and Lindeberg Grievance tions extended to sexual health. But of Senator HARRIS (Queensland) (1.25 course any sex education would need to in- p.m.)—Sadly, I rise once again in this cham- volve a comprehensive evidence based ap- ber to raise the issue of child abuse in proach that focused on prevention. It would Queensland. In doing so I wish to focus— be a mistake to go down the path of the ‘just again, sadly—on a report that has been ta-
CHAMBER Wednesday, 17 November 2004 SENATE 69 bled and authorised for printing in this ing must not damage it with intent to stop it being chamber. Let me place it very clearly on re- used in evidence. cord that I do not believe that the report of On 31 March 1995, when the second draft of the Senate Select Committee on the Linde- the Criminal Code was first tabled in the berg Grievance brings any dignity to the Queensland parliament by Mr Wells, the process under which this chamber ought to relevant section said: conduct itself. These are very grave words, Damaging evidence with intent and I am very hesitant in having to express Section 194. A person who knows anything is, or them in such a manner. For this report to may be, needed in evidence in a judicial proceed- stand unquestioned and not completed is an ing must not damage it with intent to stop it being indictment on the processes of this chamber. used in evidence. Let us look briefly at why this committee The same person, Mr O’Regan, provided was formed. It was formed to look at signifi- evidence to the Senate that section 129 of the cant new evidence that had been unearthed Criminal Code required a judicial proceeding by the University of Queensland’s Justice to be afoot before any person would contra- Project. It was formed to look at whether a vene that section. So the same person giving criminal contempt or contempt had occurred evidence to the Queensland government, as I against the Australian Senate. This commit- have previously quoted—that is, that ‘a per- tee had one day of hearings in Brisbane—I son who knows anything is, or may be emphasise: one day—and a series of wit- needed, in evidence’—tells this Senate that nesses gave evidence to that committee. The there has to be judicial proceedings afoot. report that has been accepted by this cham- This is an example of a person wilfully— ber is, I believe, an absolute travesty. When and based on the evidence I have just put we look at the basic outcomes, the report before this chamber I do not see how they says: could say it was unintentional—providing In respect of allegation (a), the Committee found this Senate with a completely opposing legal that the interpretations of the relevant law that opinion that could not be viewed as a con- were given by witnesses to previous committees tempt. Purely because that evidence—in were probably incorrect. However, in no case was other words, the legal opinion that was given there any evidence given that would substantiate a claim that the interpretations were intended to the Queensland government—was not deliberately to mislead those committees. provided to the Senate at the time, was there no contempt? Does that lead us to the situa- I have a problem with that particular section tion where a person can knowingly give to- of this report. I raise this for the benefit of tally opposing evidence to a future Senate the chamber and the people of Queensland committee knowing full well that the oppo- who ultimately will hear this or read the site evidence is not going to be provided Hansard. When the first draft of the Criminal willingly because that will not be a contempt Code was handed to Mr Wells—I am now of this Senate? That is an absurdity. The talking about the Queensland parliament— situation where a person clearly knows that on 18 June 1992 by Mr O’Regan QC, the they are giving one lot of evidence to a Sen- relevant section said: ate committee having previously given the Damaging evidence with intent opposing opinion to the Queensland gov- Section 151. A person who knows anything is, or ernment cannot stand. That is the first area may be, needed in evidence in a judicial proceed- where I have problems.
CHAMBER 70 SENATE Wednesday, 17 November 2004
In respect of allegation (b), the committee There are allegations that an Aboriginal was not satisfied that document 13 was al- girl aged 14 years was taken on an outing tered in order to mislead any committee and and raped while in the custody of the John therefore found no contempt of the Senate Oxley Centre. These allegations are backed was committed in that regard. The committee up—because the Queensland police were never, ever saw an unedited document that brought in to find the alleged perpetrators, was document 13. Why did it not see it? Be- who had absconded. Evidence was also pro- cause the Queensland government refused to vided to this committee that a doctor at a provide it to the Senate. So we have the ex- Queensland hospital examined that girl. Did traordinary situation where evidence that has he examine her within four or five hours? been put before previous Senate committees No, it was four days later. That doctor, in his can actually be altered and a state govern- own handwritten notes, was still of the opin- ment can then refuse to provide the unaltered ion that sexual penetration had occurred and document—or should I say a document that ordered that girl to have what they call the does not have sections of it blanked out? So morning-after pill. That is only one example any state government can say to this cham- of child abuse that was raised. Then we have ber, ‘We’re not going to show you the origi- the absolute hypocrisy of a situation where nal document.’ Are we going to have a Sen- evidence would have been provided by Miss ate committee that still says that there was no Shelley Farquhar, but this Senate committee contempt? Of course there is contempt. The has declined to investigate that. I say ‘de- Senate in the United States of America has clined’ because if the chair of this committee the power to require the private tape re- had a willingness to actually investigate cordings of a President be provided to it. child abuse, I would not be standing in this That requirement was enforced. Yet this chamber today dissenting with this report; chamber has not, to this point, required a that very same chair would be in this cham- state government to provide documents that ber moving a motion to start the committee are actually contained within departmental again. That has not happened. I will wait files. How can this chamber accept this re- with bated breath to see if the chair of that port carrying that outcome? The report also committee does have the social and moral stated: conscience to ask for this committee to be re- In respect of allegation (c), it was not established formed. The information that was provided whether allegations of sexual abuse were made to to that committee by Miss Shelley Farquhar the Heiner inquiry. The Committee therefore contains an allegation of rape by one of the could not find that evidence on these matters was employees of the John Oxley Centre. Yet we withheld from previous inquiries. have a report from this committee that says it Whether or not evidence of child abuse was finds there was no contempt. Nothing in this provided to previous committees is of some report says anything about the subsequent irrelevance because the terms of reference child abuse that occurred in that same centre for this committee clearly carried an obliga- after the Heiner report was shredded. It is an tion to investigate issues of child abuse spe- indictment on this chamber. We must do cifically pertaining to the John Oxley Centre. something about it. There was, and still is, a burden on this Human Rights: Darfur chamber and on that committee to investi- Senator STEPHENS (New South Wales) gate what was put before the committee. So (1.40 p.m.)—I rise today to speak on a mat- let us have a look at what was put before it. ter of public interest concerning the con-
CHAMBER Wednesday, 17 November 2004 SENATE 71 tinuation of the appalling human rights ethnic groups from which the rebels drew atrocities being perpetrated against the peo- most of their support base. ple of Darfur. Despite unprecedented interna- The result, as we all know, was a mass tional attention in recent months, the Suda- exodus which led to the overcrowded camps, nese government has neither stopped attacks the depletion of the livestock population and by militias against civilians nor started to the massive health risks that we read about in disarm these militias. The people of Darfur the media and see on the news every eve- continue to endure dislocation, starvation ning. There have been massacres and execu- and acts of violence. The United Nations tions. Towns, villages and wide stretches of now estimates that more than 50,000 people farmland—among the most fertile in the re- have been killed and over one million dis- gion—have been burnt and forcibly depopu- placed in Darfur, the westernmost Sudanese lated. This is the major catastrophe that is province. During the last parliamentary ses- unfolding in Darfur. With rare exception, the sion, the Senate moved a significant motion Darfur countryside is now completely emp- concerning the slaughter and human rights tied of its original inhabitants. Everything abuses in Sudan and the urgency for Austra- that can sustain and succour life—livestock, lia to act constructively about it. food stores, wells and pumps, blankets and I will now go back to the history of this clothing—has been looted and destroyed. conflict. It began almost 20 years ago. Over Villages have been systematically torched, that period of time, Darfur has been denuded. often not once or twice but three, four or five This has led to famine, social breakdown and times. Rape has been used as a weapon of heightened competition for resources be- war during these attacks. An unknown but tween pastoral and nomadic ethnic groups. large number of raped women are now not These problems were compounded by the only homeless and starving but also preg- Sudanese government’s policies of neglect, nant. We have all seen the footage of refugee exclusion of local groups from power and camps where hundreds of thousands of peo- predatory economic practices. Meanwhile ple—again, mainly women and children— the regime has consciously encouraged a so- are barely subsisting in squalid conditions, called Arab identity for the nomadic tribes as threatened by the twin dangers of starvation against the African farmers. The problems and disease. escalated in February 2003 when two rebel But the Sudanese government’s response groups—the Sudan Liberation Army, the is what concerns me most. The Sudanese SLA, and the Justice and Equality Move- government’s response to international calls ment, the JEM—demanded an end to the for investigation of human rights abuses chronic economic marginalisation that they shows its contempt for the West. First, it de- had been suffering and sought a power- nied any abuses while attempting to manipu- sharing agreement with the Arab ruled Suda- late and stem information leaks. It limited nese state. They also sought government ac- reports from Darfur in the national press. It tion to end the abuse of their rivals, Arab restricted international media access and pastoralists who were driven onto African tried to obstruct the flow of refugees into farmlands by drought and desertification and Chad. When the exodus of the Darfuri vil- who had a nomadic tradition of armed mili- lagers began, the Sudanese government in- tias. To suppress this opposition, the gov- hibited the work of aid agencies by denying ernment unleashed the Janjaweed militias, visas, limiting equipment availability and allowing them to lay siege to the villages of subjecting aid workers to intrusive surveil-
CHAMBER 72 SENATE Wednesday, 17 November 2004 lance. Just last week we saw reports that a The images were quite shattering. These United Nations team had begun investigating unprotected people are suffering in the face allegations of genocide against the Sudanese of raw power, with women being taken away government. The UN panel had meetings from their families and then tear gas being with the foreign minister, Mr Ismail, and the fired at older women and children. The Su- justice minister, Mr Yassin. Mr Ismail prom- danese government and its militia allies are ised his government’s full cooperation with abusing their authority mercilessly, and the the UN team that will be investigating international community appears powerless. charges that Khartoum’s 21-month clamp- So what can be done? As the situation stands, down against the Darfuri rebels amounted to the negotiations between the Sudanese gov- genocide. ernment and the rebel representatives remain Mr Ismail claimed that his government in deadlock. Khartoum has refused to join welcomed the commission because it had the rebels in signing a protocol which in- nothing to hide and that the investigation cludes the creation of a no-fly zone over would refute the allegations about Darfur. Darfur. The challenge is to restore peace so But, as the team began its search for evi- that the Darfuri people can return to their dence of genocide, ethnic minority rebels homes. Some commentators claim the solu- again accused the army and its militia allies tion is a robust peacemaking effort that links of destroying the evidence of mass graves. the peace negotiations between Khartoum The Sudan liberation movement spokesman, and the Sudan Liberation Army with the con- Mahmud Hussein, said that the militiamen flicts in Darfur. Others argue that only re- are attempting to ‘obliterate the truth’ by gime change will stop the slaughter. I think I emptying a mass grave in Kabkabiya, west do not need to spell out why so many people of the North Darfur state capital of El Fasher. are reluctant to go down that path. There can be no doubt about the govern- On 23 August the Brussels based Interna- ment’s complicity in this violence. These tional Crisis Group issued a report entitled reports of government tampering with evi- Darfur deadline: a new international action dence suggest the regime is fully aware of plan urging the international community to the immensity of its crimes and is attempting enforce tough sanctions against Sudan’s gov- to cover up the record. There are now new ernment leaders and its lucrative oil industry. reports of the violent tactics being used The report argued that a failure to take strong against civilians as tens of thousands of refu- measures would not only mean tens of thou- gees are being relocated by Sudanese secu- sands more dead but also, firstly, likely con- rity forces. The BBC reported just days ago demn Sudan to many more years of war and, village elders being thrown to the ground and secondly, spread instability to its neighbours. beaten and kicked by the police while the The 53-nation African Union has a small commander of the operation strolled about contingent of 155 Rwandan troops. They are calmly giving orders to his men. They re- in the Sudan monitoring the cease-fire. The ported that women, some having walked International Crisis Group has asked the hundreds of kilometres to find safety after United Nations Security Council to provide their families were murdered, were shot at strong back-up to the AU peacekeeping mis- whilst burning rubbish in an attempt to pro- sion—at least 3,000 troops. To demonstrate tect their children from disease and that sev- its seriousness and to help persuade the gov- eral of them were killed. ernment of Sudan to accept this mission, it suggests an arms embargo and targeted sanc-
CHAMBER Wednesday, 17 November 2004 SENATE 73 tions against responsible regime officials and threats of embargoes that make no real dif- ruling party businesses as well as the estab- ference will certainly not bring about the lishment of an international commission of necessary change. As Jose Ramos Horta inquiry to investigate mass atrocities, includ- wrote in the Age on 26 August: ing ‘systematic rape and other gender based The virtual paralysis in regard to the tragic situa- violence’. The report argues that history has tion in Sudan amply illustrates the difficulties and shown that Khartoum responds construc- dilemmas faced by leaders when— tively only to direct pressure. faced by— On 30 July the United Nations Security such complex conflicts. Council passed a resolution on Darfur. It A humanitarian intervention in Sudan by the West asked the Sudanese government to take firm could very well turn into a military fiasco and steps to end the violence. It placed an arms further exacerbate the political tensions. But by embargo on the Janjaweed but aimed no not intervening, the West is accused of ignoring measures at the government that acts behind genocide. them. The plan of action signed by the UN He goes on to argue: with the government days afterwards actu- The best course of action is for the West to pro- ally left ample room for Sudan to avoid vide financial and logistical support towards an meaningful action within the 30-day deadline enhanced and effective African Union interven- set by the resolution, which of course has tion force coupled with punitive actions against now passed. Government officials continue the Sudanese leaders. to undermine roads towards peace. Despite To date, while Australia has been reluctant to claims that action is being taken against the intervene in Darfur beyond making a finan- Janjaweed militias, there have been no re- cial commitment, the British foreign secre- ported arrests. Similarly, the assertions that tary, Jack Straw, has visited refugees in Dar- the government is investigating the rape al- fur and has tried to pressure the Sudanese legations ring very hollow when it claims it president, Omar al-Bashir, to do more to end is unable to find a single case of rape that the atrocities; the Swedish Ambassador to could lead to a prosecution. Nigeria, Sten Rylander, has been represent- Clearly there needs to be a much tougher ing the EU at talks between the Khartoum stand by the international community, in- government and rebel groups; and the Dutch cluding Australia. As the ICG report bluntly foreign minister, Bernard Bot, has visited summed it up: Sudan to discuss the disarmament of Arab The international response to the crisis in the militias. So I believe that it is high time that western Sudanese region of Darfur remains limp our own foreign minister, Mr Downer, vis- and inadequate, its achievements so far desper- ited Sudan to gain a first-hand understanding ately slight. of how Australia can most effectively con- … … … tribute to the interconnected problems of The Khartoum government ... has acted in bad humanitarian relief and security on the faith throughout the crisis. ground. It will not be easy to persuade the Sudanese As I speak today millions of people are government to begin to share power and in- starving—starving as a result not of a natural crease participatory democracy, but we have disaster but of the deliberate destruction of to work out how to do it. Appeasing Khar- crops in the course of this conflict. The role toum and settling for mild resolutions or of the Sudanese government in this whole
CHAMBER 74 SENATE Wednesday, 17 November 2004 debacle has been one that has concerned me state of Australia, but I am particularly proud most significantly. Amnesty International of the two new Queenslanders who will recently released a report that documented grace this parliament with their presence in interviews with many of the refugees that the next three years and beyond. have moved out of Darfur and into Chad. I also want to pay particular attention to The reports that concern me the most are the quite remarkable Senate result in Queen- those that indicate that the Sudanese gov- sland, which you, Mr Acting Deputy Presi- ernment is actually supporting the victimisa- dent, and Senator Mason had a very large tion and violations that are occurring in Dar- part in achieving. In all of the time I have fur in very specific ways. We have to hold been involved in the Liberal Party it has been the Sudanese government to account. The a goal of mine to see a third Liberal senator need for humanitarian aid is desperate. Our elected. That is a goal I have particularly government has already allocated $20 mil- fought for since I was first elected in 1990. lion for relief in Darfur, but I call on the gov- Mr Acting Deputy President, I know it is a ernment now to make a greater commitment goal that you have been pursuing for many through appropriate international agencies years as well. It was a real delight for me to and to use its participation in international see that that goal was eventually achieved forums to apply diplomatic pressure on the with the election of a third Liberal senator Sudanese government to cease these atroci- from Queensland. The election of the third ties immediately. Queensland Liberal senator will give the Federal Election coalition control of the Senate after 1 July Senator IAN MACDONALD (Queen- next year. It was a quite remarkable result. sland—Minister for Fisheries, Forestry and In the other state that I am particularly Conservation) (1.55 p.m.)—In the few min- fond of at the present time, Tasmania, there utes left in this debate I want to take the op- was also a very remarkable result. After not portunity to congratulate all those members having had a lower house member in Tasma- of parliament and senators who were elected nia for many terms of government, the Lib- at the last election and particularly to refer to eral Party this year was able to achieve the those of two states in which I have a particu- quite remarkable feat of having two mem- lar interest—my own home state of Queen- bers elected from Tasmania. As well as that, sland and Tasmania, which I think had a it has achieved very good results in the Sen- rather remarkable result in the federal elec- ate, where a third Liberal has been elected to tion. represent the state of Tasmania in this cham- As you well know, Mr Acting Deputy ber post 1 July. Of course, the result in Tas- President Brandis, we have an excellent mania is very much a result of a very good range of members in Queensland. I particu- government policy on forestry and conserva- larly want to welcome the member for tion in that state—helped, I might say, very Bowman, Mr Andrew Laming, who gave a considerably by Mr Latham’s antiworker quite exceptional first speech this morning, policy in that particular state. I know that I and also Mr Ross Vasta, who will bring a shared the sadness of many workers around number of skills to this parliament. All of the this country to see a Labor leader selling out new members elected will bring a new range the workers as Mr Latham did in Tasmania. of ideas and skills to the parliament. Most of Tasmanians voted quite deliberately to give them, of course, are Liberals and from every the Liberal Party, which supported the work- ers’ rights in Tasmania, a quite remarkable
CHAMBER Wednesday, 17 November 2004 SENATE 75 result in that state. I pay particular tribute to level with what city Australians enjoy’? Can my Senate colleagues from Tasmania who the minister be clear on at least this issue: are fought the good fight over many years for telecommunication services in the bush to- Tasmanian workers, for Tasmanian industry day up to scratch, or are they not up to and for good Tasmanian conservation out- scratch? Who is right—the Leader of the comes in the forest areas. It is a great tribute Liberal Party or the Leader of the National to them. I welcome all new members and Party? congratulate all members and senators who Senator COONAN—I thank Senator were elected at the last election. Conroy for the question. I actually have here MINISTERIAL ARRANGEMENTS in the brief a possible question and I think it Senator HILL (South Australia—Leader is just about spot-on. What I want to say of the Government in the Senate) (2.00 about the issue is that the government will p.m.)—by leave—I advise the chamber that pursue its longstanding policy for the full Senator Ferris has been reappointed as Gov- privatisation of Telstra. Telstra’s future sale ernment Whip and that Senator Eggleston will be contingent on adequate telecommuni- has been reappointed as Deputy Government cation service levels in rural and regional Whip. I also advise the Senate that Senator Australia and elsewhere, appropriate market Chris Ellison will be Manager of Govern- conditions and the authority to sell, which ment Business in the Senate, but unfortu- we certainly hope the Senate will support. nately he is not here today. Unlike the Labor Party, the government Senator Chris Evans—That’s the sort of has demonstrated a commitment to improv- work ethic that we have come to expect! ing and ensuring telecommunication services across Australia are adequate—in particular Senator HILL—The work ethic is re- to improving services in rural and regional flected by the fact that he is in Hobart attend- Australia. The government established the ing the Australasian Police Ministers Coun- regional telecommunications inquiry, the cil. He is, nevertheless, looking forward to Estens inquiry, back in 2002 to assess the taking up his new task. adequacy of telecommunication services in Senator Ian Campbell interjecting— regional Australia. The inquiry made 39 rec- Senator HILL—As Senator Campbell ommendations to improve telecommunica- has attracted my attention, I would like to tion services—all of which the government take the opportunity to thank him for serving has accepted. The government has also an- in that role so effectively in recent years. nounced a $181 million package of initia- QUESTIONS WITHOUT NOTICE tives to respond to the inquiry. The govern- ment is continuing to implement responses to Telstra: Services all the Estens recommendations. Senator CONROY (2.01 p.m.)—My Last week I commenced a comprehensive question is to Senator Coonan, the Minister series of rural and regional visits, with stops for Communications, Information Technol- in Dubbo, Warren and Moree, to listen to ogy and the Arts. Does the minister support local residents about their views on tele- the Prime Minister’s view that telecommuni- communication services in the bush. I com- cation service standards in the bush are ‘up mend these sorts of visits to Senator Conroy. to scratch’ or, alternatively, does she support It is very important to go out and see the Deputy Prime Minister Anderson’s view that conditions there. It is important to speak with we need to get ‘standards up to a comparable
CHAMBER 76 SENATE Wednesday, 17 November 2004 people living in rural, regional and remote does the minister now agree with Mr Dick areas to help separate the reality from the Estens that many telecommunication ser- rhetoric. vices in the bush remain a shemozzle? If she We now have the time and opportunity to does not agree that services in the bush are a get this right. I will continue to travel around shemozzle, what is the basis for this dis- Australia, specifically to meet with people in agreement with Mr Estens, who headed up these areas to see what progress has already the government’s own inquiry? been made and to talk about any remaining Senator COONAN—I met with Mr concerns people may have. If people do have Estens and discussed with him the imple- concerns about how the Estens recommenda- mentation of his recommendations. He at- tions are being rolled out or about how those tended some of the meetings and forums that improvements are being implemented, then I had in some of the areas that I have men- of course I will be listening to them. On top tioned—certainly in Moree. I expect that Mr of the $181 million response to the Estens Estens will be able to provide very construc- inquiry, it is important that the government tive comment on the roll-out of the recom- continues to be engaged with telecommuni- mendations, to which the government is cations consumers to ensure that services are committed, having accepted all 39 of the adequate for those living in rural and re- recommendations, including the need to fu- gional areas and that they are not disadvan- ture-proof for regional Australia so that there taged by reason of where they live. is equity with new and emerging technolo- During these visits I am continuing the gies that may come on stream in the future. roll-out of recommendations made by the So, far from these services being a shemoz- Estens inquiry, which include improved mo- zle, the recommendations that Mr Estens bile and broadband services for rural, re- himself recommended are all being rolled gional and remote areas. These initiatives in out and are ensuring that services are ade- response to the Estens recommendations are, quate in rural and regional Australia. (Time I am happy to say, making a very real differ- expired) ence to the level of service in regional areas. Howard Government: Economic Policy This roll-out of services will continue across Senator LIGHTFOOT (2.08 p.m.)—My Australia over the coming months and into question is addressed to the Leader of the next year. Government in the Senate, Senator the Hon. I will also be hosting a series of commu- Robert Hill. My question is in two parts. Will nications forums where interested locals can the minister inform the Senate how the gov- hear from government representatives, ex- ernment will fulfil its mandate from the Aus- perts from Telstra, the National Farmers tralian public to continue its record of re- Federation and Optus. The government is sponsible economic management? Is the committed to ensuring that all Australians, minister aware of any alternative policies? regardless of where they live, have adequate Senator HILL—I thank Senator services. (Time expired) Lightfoot for an important question. It is the Senator CONROY—Mr President, I ask Labor Party that has regarded this issue as a supplementary question. In light of the unimportant for so long and the Labor Party minister’s recent trip to rural Australia to that sought to avoid the issue at all in the last host community forums about the standard election, presumably because of its own ap- of telecommunication services in the bush, palling record in relation to economic man-
CHAMBER Wednesday, 17 November 2004 SENATE 77 agement. But there are achievements of Australia exists in a very competitive world which the Howard government is proud and and there is always a need to do more. This on which it intends to build, and the Labor government is committed to maintaining this Party is going to hear a lot more about that economic record and to building upon our over the course of the next three years. I par- successes in this area. We recognise, in fact, ticularly wanted to draw to the Senate’s at- that that unemployment level could be even tention the recent IMF report on Australia better had it not been for the Labor Party that was released, because I am sure all hon- continually blocking our industrial relations ourable senators will be pleased to note that reforms in this chamber—particularly the it gave great credit to the Australian govern- unfair dismissal reforms in relation to small ment and to the Australian economy. It rec- business. We have indicated now, with yet ognised that our economy was likely to out- another mandate of the Australian people, perform that of most OECD countries in the our determination to have these laws imple- near term. In commenting on Australia’s mented, these reforms passed, in order that strong economic performance, it noted in we can continue to build upon that most im- particular our: pressive employment record. ... exemplary record of macro-economic and fi- So there it is: a government that stands nancial management and implementation of struc- proud of its achievements but nevertheless tural reforms ... determined to do even better—to build upon In other words, what it is recognising are the a record of low inflation, low interest rates, reforms that have been implemented by the record low unemployment, budget surpluses Howard government that have resulted in and an economy which is the envy of the low inflation, low interest rates—benefits Western world. By contrast, all we have from that flow to all Australian people. the Labor Party—which, as I said, sought to I wanted to point out to the Senate also, avoid this issue throughout the last elec- and perhaps partly as a result of that strong tion—is a record when they were last in gov- economic record, that we are in a time of ernment of, on one occasion, up to a million almost record high consumer confidence. It Australians unemployed, home interest rates is at its highest level in a decade; the second achieving 17 per cent and record business highest in 30 years. It is of course also be- interest rates of 20 per cent. (Time expired) cause more Australians are in work than ever Telstra: Infrastructure before, because interest rates remain low, Senator LUNDY (2.12 p.m.)—My ques- because inflation remains low, because busi- tion is to Senator Coonan, the Minister for ness has confidence. The third point I wanted Communications, Information Technology to emphasise, and something of which we and the Arts. Is the minister aware of reports are extremely proud, is the current unem- that the National Party have instructed the ployment rate and the fact that it has been Page Research Centre, the National Party’s brought down to 5.3 per cent, now at its low- think tank, to consider a proposal for the est rate for more than a generation. It is some government to retain ownership of Telstra’s 27 years before you go back to figures of that rural network infrastructure? Can the minis- ilk. ter confirm that the government has already Not surprisingly, therefore, we are pleased ruled out this proposal? If it is the case that to talk about our achievements in relation to the government has unequivocally ruled out the economy, but we also emphasise that this idea, why has the National Party’s think
CHAMBER 78 SENATE Wednesday, 17 November 2004 tank been tasked with taking up the pro- event because any new infrastructure com- posal? pany created by a separation would probably Senator COONAN—The government retain the bottleneck control over the Cus- has taken a consistent position in relation to tomer Access Network, or the CAN, and this this issue over a number of years—unlike the would necessitate regulation. Labor Party, which seems unable to make up While it is easy to propose structural sepa- its mind and has totally flip-flopped on ration as a way of doing away with a per- whether there should be any form of struc- ceived problem, it does not take account of tural separation to Telstra. The government the kinds of risks that might arise in some does not favour forced structural separation new market structure and the ultimate impact of Telstra for sound reasons. Firstly, of on consumers. That does not mean that peo- course, there is no evidence that the claimed ple cannot ever discuss it in a democracy, benefits of structural separation will out- though, does it? We do not run some sort of weigh the very real costs and risks of imple- Nazi party, where there cannot be any dis- menting such a policy. The process of struc- cussion at all about different approaches. turally separating a company as large and However, there are very sound reasons why complex as Telstra would obviously not only the government have consistently said that take some considerable time but also there forced intervention in the structure of Telstra are so many uncertainties attached to what it is not a sound way to go. The government would look like after you have done it that remain true to our policy that Telstra should you would have to also totally overrule the be sold, and we ask the other side to get on new and emerging kinds of technologies with passing the legislation when we bring it which may be solving any perceived issues back. with the sale of Telstra anyway, such as Senator LUNDY—Mr President, I ask a voice-over Internet protocols, which of supplementary question. I trust that National course might—and they certainly appear Party members were listening closely to that likely to—disrupt Telstra’s reliance on its answer. I refer the minister to the comments traditional voice telephony revenues. of the member for Hinkler, Mr Paul Neville, There are very real risks that the process the chair of the coalition’s backbench com- would lead to higher prices and poorer ser- munications committee. He told the Austra- vices for consumers due to the high imple- lian Financial Review last week: mentation costs, the loss of efficiencies and I can’t see any mechanism that will require the disruption while you attempted it. If a Telstra to act in a non-monopolistic manner in government is going to embark on forced private ownership ... intervention it is going to do no good for the Minister, your coalition colleagues do not investors, who require certainty when look- believe your claim that a fully privatised Tel- ing at how they are going to invest in Austra- stra can be properly regulated, so why should lia’s telecommunications industry. There the Australian people believe a word of it would be some real issues with how you either? would compensate the 1.8 million minority Senator COONAN—What the Australian Telstra shareholders, as that would signifi- people believe, if I could just remind Senator cantly increase the cost of separation. The Lundy, is that the Labor Party does not op- other issue is that, even if you did structur- pose it either. Mr Tanner said: ally separate Telstra, you would not elimi- nate the need for robust regulation in any
CHAMBER Wednesday, 17 November 2004 SENATE 79
... the existence of the minority private sharehold- Australia has now fallen to 5.3 per cent. This ing in Telstra and the cost and complexity ... as- is the lowest level since the 1970s and it sociated with such separation, make that an inap- demonstrates what we have been saying all propriate strategy for reforming Telstra. along: only a coalition government can de- I do not know whether Mr Tanner is writing liver real jobs with real wage rises for Aus- Senator Lundy’s questions for her. What the tralian workers. This has been achieved by a Labor Party should be concerned about is comprehensive process involving two key revisiting their policy of opposing the sale of elements. The first is the outstanding finan- Telstra instead of worrying about minor is- cial management by Australia’s finest Treas- sues to do with how you look after rural and urer, Mr Peter Costello, which involved pay- regional services, and they should get on ing back Labor’s massive $96 billion debt, with passing the legislation when it is keeping interest rates low and keeping infla- brought back. The Labor Party’s policy on tion low. The second arm is the significant telecommunications is a failed policy. Once reform of Australia’s workplace relations again, it is a blank sheet of paper—although system, which took power out of the hands Mr Latham keeps saying that the Labor Party of big business and big unions and gave it is opposed to the sale of Telstra. There is no back to the real people of Australia—that is, possible rational reason why you would op- the employees, the individual workers and pose it, and the Labor Party should get on the employers. Those two factors have given with passing the legislation when it comes us not only an economy which is the envy of back. the world but also real jobs growth, real Senator Conroy—What about the Na- wages growth and the highest level of wealth tional Party? amongst ordinary Australians in our history. The PRESIDENT—Order! Senator Con- Yet there are some people who want to roy, I remind you, as we have not been here turn the clock back to when union thugs since August and you may have forgotten, stormed into businesses with baseball bats that interjections are disorderly and continu- and intimidated workers and employers. ous interjections are most disorderly. They also want to turn it back to when the Employment Industrial Relations Commission sat in judgment and made grand pronouncements Senator BARNETT (2.19 p.m.)—My about compulsory industrial awards, regard- question is to the Special Minister of State, less of the needs of individual workers and Senator Abetz, the Minister representing the businesses’ capacity to afford those condi- Minister for Employment and Workplace tions. Earlier this year Labor approved an Relations. Will the minister outline to the industrial relations policy, which, according Senate how the Howard government has cre- to a former Labor adviser, rolled back the ated more job opportunities for Australian reforms of not only the Howard government workers? Will the minister also indicate but also the Keating and Hawke govern- whether the government intends to introduce ments. That program was comprehensively policies that will continue to promote em- rejected by the Australian people on 9 Octo- ployment opportunities? Is the minister ber, yet only yesterday we had Labor’s par- aware of any alternative policies? liamentary secretary, former communist and Senator ABETZ—I thank Senator Bar- ACTU leader, Jennie George, saying: nett for his comprehensive question. In doing so, can I note that the unemployment rate in
CHAMBER 80 SENATE Wednesday, 17 November 2004
In my view it would be folly to jettison the very the parents of Queensland senator-elect Mr good industrial relations policy we took to the Joyce, who live in Danglemah in northern election. New South Wales, have been reported as ACTU secretary Greg Combet has already having had problems with their Telstra phone warned— service and that their phone was on the blink Opposition senators interjecting— for three weeks? Can the minister confirm that prior to the election the Joyces were told The PRESIDENT—Order! Senators on my left will come to order. by Telstra that they had obviously knocked the phone off the hook and that these rural Senator ABETZ—Let them deny that she Australians had to climb a nearby hill to call was a former communist—of course, they their family by mobile phone to let them cannot. ACTU secretary Greg Combet has know that they were okay? Why then is it already warned that federal Labor would that miraculously, during the election cam- face united opposition from the union paign, the service problems disappeared once movement if it were to water down its IR Telstra realised that the Joyces were no ordi- policies. So it seems that Labor’s new nary family in the bush but the parents of a shadow minister for employment and work- National Party Senate candidate? The service place relations, Senator Penny Wong—and I was restored and Telstra are now ringing up wish her well—is in for a very long stay in to ask if everything is up to scratch at Dan- that position and will not have much work to glemah. Minister, do you have to be elected do because it has already been done for her to the Senate to get a reliable Telstra phone and set in concrete. service in rural Australia? Whilst Labor may have dropped a Penny The PRESIDENT—Order! Senator, that on the front bench, it seems that the penny was a very long question and it was out of has not dropped with Labor that they have to time. change their policies. They have to change Senator COONAN—I do not comment their antijob policies which have impacted on individual cases to do with Telstra. The on the Australian people in such an appalling government does not run Telstra, but what I way. It is not only in the area of workplace can tell Senator Conroy and the Senate is relations that Labor have let down workers; that the arrangements under the consumer it is in their forest policy and it is in their service guarantee ensure that any individ- energy policy. Labor’s policy touchstones ual’s phone is repaired within a time frame are: will it keep the trade union leadership or else there is compensation. The rave that happy and will it keep the Greens happy? Senator Conroy went on with in his question Our touchstones are: will it support Austra- and the assumptions built into it are certainly lian workers and will it create jobs? Mr not something that I think I should be deal- Latham has an opportunity to show his eco- ing with in question time. nomic credentials in the area of industrial relations, and I call on Labor to support our But there is an issue to do with rural and policies on unfair dismissals. (Time expired) regional services. Mr Estens has identified what is needed with respect to rural and re- Telstra: Services gional services. All of those recommenda- Senator CONROY (2.23 p.m.)—My tions are in the course of being implemented. question is to Senator Coonan, the Minister The arrangements that the government has for Communications, Information Technol- put in place will deliver first-class telecom- ogy and the Arts. Is the minister aware that
CHAMBER Wednesday, 17 November 2004 SENATE 81 munications in this country, quite contrary to Senator CONROY—Mr President, I ask Labor’s telecommunications policy. Look at a supplementary question. When did the what Labor did with regional services. I minister first learn of the telecommunica- think most Australians agree that Labor’s tions problems being experienced by this telecommunications record in government Danglemah couple? Who informed her? was absolutely appalling to non-existent, What action did the minister require Telstra particularly with respect to regional services, to take in this case? Can the minister draw to and their policy released in the election pro- the attention of the Prime Minister the Joy- vided absolutely no reason to come to a dif- ces’ problems with their services so that he ferent view about their grasp of what is can assess his ‘up to scratch’ comment? Who needed in rural and regional Australia. took up the case of this Danglemah cus- Labor in opposition continues to ignore tomer, and why does everyone else in the the telecommunications needs of Australians, bush just get left dangling at the end of a particularly rural and regional Australians, non-operational Telstra line? by opposing the Howard government’s fund- Senator COONAN—Once again, Senator ing programs designed to improve telecom- Conroy has so many assumptions built into munications in regional Australia. Labor op- that question that it is impossible to disen- posed, in typical fashion, the $1 billion social tangle what is a legitimate question from one bonus, funded from the second partial sale of that is a series of assumptions. All customers Telstra—which, I might add, included $670 are entitled to the arrangements and the pro- million worth of communications and infor- visions of the customer service guarantee. mation technology initiatives, primarily in They are a range of consumer safeguards that regional Australia. this government has built and that this gov- Labor also promised to scrap the $250 ernment will maintain. That is totally in con- million Networking the Nation program. In tradiction to Labor’s consumer safeguards, very sharp contrast, the government has dis- which were simply non-existent during 13 played ongoing commitment to improving years in government and which would have services in regional Australia, most recently been non-existent had they ever come back in the $181 million committed to the regional into government. That is probably the reason telecommunications inquiry recommenda- why Australians did not think that Labor’s tions. One of the areas that the government telecommunications policy was any reason to has paid particular attention to is phone cov- vote for them. erage—in particular, mobile phone cover- Taxation: Policy age—with more than $130 million in gov- Senator BARTLETT (2.29 p.m.)—My ernment funding. Mobile phone coverage has question is to the Minister representing the been extended to 98 per cent of the popula- Treasurer and it is regarding calls for further tion, and a satellite phone subsidy scheme changes to income tax policy. Does the min- has been introduced for people who live and ister acknowledge that, without indexation of work outside terrestrial coverage areas. All income tax thresholds, a worker on a low Australians can rely on the customer service income whose salary merely keeps up with guarantee and on the fact that this govern- inflation always pays more income tax over ment will continue to make sure that services time? Is the government giving consideration in rural and regional Australia meet the needs to the Democrats’ position, supported yester- of Australians. day by the Australian Chamber of Commerce
CHAMBER 82 SENATE Wednesday, 17 November 2004 and Industry, that tax thresholds should be justment of the tax scales but regular use of indexed to reduce bracket creep? returning the proceeds of bracket creep via Senator MINCHIN—I have not yet read pre-election tax cut bribes? Wouldn’t it be the detail of ACCI’s contribution on tax but, better for the wage earner as well as the reli- obviously, in the context of our preparations ability of revenue to take a fairer approach for the forthcoming budget we read all such and a more honest and open approach of submissions with great interest and care. maintaining regular indexation of those ACCI is a fine organisation which makes a thresholds? tremendous contribution to policy debate in Senator MINCHIN—I will make two this country. Indeed, it would do the opposi- points. Our success in controlling inflation is tion much good in their new-found enthusi- the reason that bracket creep is nothing like asm for economic management and eco- the problem that it was in the 1970s and nomic credibility to read a lot more of what 1980s when indeed inflation was driving ACCI puts out and less of the material that people into higher tax brackets. Controlling comes from their left-wing union base. I inflation means that this is much less of an cannot comment specifically on ACCI’s par- issue. In terms of budget surpluses, the point ticular references to taxation. We have done should be made that the growth in corporate a lot in relation to tax reform consistent with profits and the taxes paid by the corporate good economic management and the mainte- sector in Australia are the fundamental driv- nance of budget surpluses, consistent with ers of the additional revenues available to the being able to pay for our comprehensive so- government. Interestingly, a consequence of cial welfare system in this country, but we our reduction in the corporate tax rate to 30 are always interested in keeping the tax bur- per cent has actually resulted in increased den on Australians to the bare minimum con- revenue from the corporate sector. sistent with those other objectives. We will Federal Election: Member for New obviously consider what ACCI has to say on England that matter. Senator CHRIS EVANS (2.33 p.m.)— The issue of indexing the tax scales is a My question is to Senator Hill in his capacity regular issue for debate in this country. It representing the Prime Minister. I refer the was tried once and abandoned. There are minister to media reports today regarding an many pros and cons to the introduction of ongoing police investigation into claims by such a policy. Our present position is that it Mr Tony Windsor MP that he was offered a is better for the government to maintain the bribe to stand down from his seat of New scales with the current arrangements but then England. I make it clear that I am not seek- from time to time to adjust the thresholds as ing any details of that police investigation. economic circumstances permit. That is the Does the minister recall the Prime Minister current government position. on 21 September this year stating, ‘I have Senator BARTLETT—Mr President, I made inquiries, and I’ve been able to dis- ask a supplementary question. Isn’t it the cover no evidence of it’? case that a significant proportion of the What further action has the Prime Minis- budget surpluses that the minister refers to ter taken to discover evidence of this alleged are built on wage inflation and the impact of bribery and has anyone nominated them- bracket creep? Isn’t the reality of govern- selves or any other sitting or past members ment practice in this area not periodic read- of parliament to the Prime Minister as being
CHAMBER Wednesday, 17 November 2004 SENATE 83 involved in this alleged attempted bribery? If him about two great iconic Australian spe- anyone has revealed their involvement to the cies in peril, the Tasmanian devil and the Prime Minister, are they members of The river red gum. What evidence does the gov- Nationals or the Liberal Party, and what ac- ernment have as to the vector for the disease tion has the Prime Minister taken, or will he killing 95 per cent of Tasmanian devils take, in relation to that person or persons? which is sweeping across Tasmania into the Senator HILL—I was going to congratu- World Heritage western wilderness? What late Senator Evans on his elevation. I will percentage of the government’s $2 million still do that even though I think it is a very being spent on this matter is going into re- disappointing start in terms of the question search into the actual vector or cause? Are that has just been asked. Senator Evans has the organophosphates or organochlorines at least received some recognition from his being used in forestry plantations and agri- colleagues, which should be noted, which is culture being investigated? On the matter of more than he got from Mr Latham, who red gums, what urgent action will the gov- sacked him from his previous position. It is a ernment take within the next 12 months to most inappropriate question of course be- turn around the awesome statistic of 75 per cause, as Senator Evans acknowledged, the cent of the nation’s total red gum population matter is subject to police investigation. that are stressed or dying? Will both species Senator Evans has asked what action the be urgently listed as threatened? Prime Minister is taking. In the current cir- Senator IAN CAMPBELL—It is very cumstances, the appropriate thing for the good to get a question on green issues from Prime Minister to do would be to stay well the Greens—it is a first in my time in the away from it and allow the police to conduct portfolio. Both issues that Senator Brown their investigation, and that is exactly what raised are very important issues for the Aus- the Prime Minister is doing. tralian environment. Australia has a unique Senator CHRIS EVANS—Mr President, environment on a unique continent, includ- I ask a supplementary question. I thank the ing many hundreds of thousands of species minister for his congratulations, even though which are entirely unique to Australia. I am he could not quite do it with much sincerity. quite sure that these two species in different If the current investigations into this serious parts of our wonderful land do fall into those matter of alleged bribery for electoral benefit categories. The Tasmanian devil is plagued find evidence relating to any current or for- by a quite unique, virulent disease called mer MPs or senators, what action will the facial tumour disease. It is affecting a very Prime Minister take to stand down that per- large number of these incredibly unique Aus- son from any position they currently hold tralian creatures. within the government? Senator Brown would have noticed that The PRESIDENT—I remind the Leader during the election the Prime Minister did of the Opposition in the Senate that that announce, and I announced in our environ- question was out of order. It was hypotheti- ment policy, a special $2 million contribution cal. to addressing the disease. I say to Senator Brown that we will be ensuring that the $2 Environment: Endangered Species million is invested in a way that improves Senator BROWN (2.36 p.m.)—My ques- the level of research, looking at and trying to tion with very little notice is to the Minister identify possible trigger factors. We are cer- for the Environment and Heritage, and I ask tainly not going to rule out looking at any
CHAMBER 84 SENATE Wednesday, 17 November 2004 potential triggers, so organochlorines or any tered the Targa Tasmanian Rally in a Peugeot other chemicals used in either forestry or and used their entry into that rally to raise agricultural activities will be part of the in- public awareness of the plight of Tasmanian vestigation. devils. They raised about $20,000 from pri- We have just announced a further special vate sources which will go to that fund. So I allocation of $46,200 to the Tasmanian gov- commend private individuals and companies ernment to support the disease monitoring of for doing that. I am sure that if Senator the Tasmanian devil population within the Brown was to feel inclined to ask a supple- World Heritage area. The diagnostic investi- mentary question I could turn my remarks to gations that are currently taking place in col- the very important degradation of red gums laboration between a number of institutions within the River Murray. such as Murdoch University and the Univer- Senator BROWN—Mr President, I ask a sity of Tasmania should get further support. supplementary question. Consequent upon But we particularly need to find, and Senator that answer, I ask the minister: is it true that Brown would understand better than most there is no process under way to urgently list people, whether there is more than one tu- either species as threatened? Is it the case mour type and to confirm whether the cancer that with the Tasmanian devil there is no that is affecting Tasmanian devils is similar knowledge by the government or their Tas- or dissimilar across the whole of Tasmania. manian counterpart of the cause of the dis- We need to identify that, and then of course ease and no timetable for coming up with the seek to identify ways of resolving the prob- discovery of the cause of the devil facial tu- lem. mour disease in Tasmania? With regard to Senator Brown has asked about listing the the river red gums, is it true that government species as threatened. Senator Brown would policy will do nothing in the immediate fu- know that under both state and Common- ture to protect these marvellous trees, par- wealth legislation there are formal processes ticularly to see that they get the water they to go through to make those assessments. As need to recover and survive? Is there no gov- I understand it, they are conducted by inde- ernment process in place which is materially pendent experts and I think we would all going to save them from their march to ex- respect that to be the best way to proceed. In tinction? relation to Tasmanian devils—and I will get Senator IAN CAMPBELL—I am sure onto the river red gums on the Murray—we Senator Brown will be pleased to know that would not sit around waiting for a formal the answer to his questions is that in fact he process to define them as threatened species is wrong. There are significant processes and before we act. It is the reason the govern- significant investment going into each of ment put in policies which related to Tasma- those. In relation to listing of the Tasmanian nia, the forests and the environment—we devil as a threatened species, the very work wanted to invest more money in this. that needs to be done to lead to that process I also congratulate those Australians such is being done. Tasmanian government funds as Don and Margie McIntyre, two great Aus- and Australian government funds are being tralians that have done so much for environ- used to do the field monitoring work that is mental causes. They are a couple of indi- required to make the assessments so that we viduals who have raised public awareness of do not make just a politically motivated list- the Tasmanian devil. Don and Margie en- ing of this species. Firstly, we go about doing the field monitoring, and Commonwealth
CHAMBER Wednesday, 17 November 2004 SENATE 85 and Tasmanian taxpayers’ money is being bor Party’s expression of interest in engaging used to invest in that. You have two govern- in the economic debate and asking questions ments, one Labor and one coalition, working on the economy, which is sensible and ap- side by side to help protect and save this im- propriate—and we welcome it—but there is portant species. Equally, on the River a lot of work that the Labor Party has to do Murray, where you have seen this massive to restore its nonexistent credibility on the wipe-out of red gums across the flood plains economy. because of the lack of flooding and the need With respect to the statements made by to restore flows to the River Murray, there the Reserve Bank Governor, to which Sena- will be at the end of this month a meeting of tor Sherry referred, in his speech to CEDA the Murray-Darling Basin Commission. last night, what Mr Macfarlane actually said (Time expired) was directed to the financial institutions of Economy: Household and Personal Debt this country, indicating to them, from his Senator SHERRY (2.44 p.m.)—My office as Governor of the Reserve Bank, his question is to Senator Minchin, the Minister concern that as the housing market slows representing the Treasurer. Has the govern- down—a movement which we welcome and ment noted the very strong and public warn- which we have said we would welcome—the ings by the Governor of the Reserve Bank of banks must adjust to that slowdown and must Australia, Mr Ian Macfarlane, about the dan- not become aggressive in their lending poli- gers of unsustainable and excessive borrow- cies. We have been making exactly the same ing by consumers, the lowering of credit point for some time. We welcome Mr standards by financial institutions and the Macfarlane’s comments to the financial insti- economic risks these pose to the Australian tutions of this country. We hope that they economy? Why is the government continu- take close heed of what he said last night. ing to ignore ongoing warnings from Mr We should also put those comments in Macfarlane, the Governor of the Reserve context. We welcome very much the slow- Bank, and failing to develop policy to assist down in the growth of credit that has oc- in managing the explosion of household curred, but we also note that the extent to debt, which as a percentage of household which Australians are willing to borrow income has almost doubled from 85 per cent funds to invest in homes and other assets is a to 153 per cent over the last 8½ years? function of the extraordinary confidence that Senator MINCHIN—Could I begin by the Australian people have in the state of the congratulating Senator Sherry on his ap- Australian economy and in our management pointment as shadow minister for finance, of the economy, which of course was re- but express my sorrow for the way in which flected in our result on 9 October. Inevitably his predecessor was treated by his party. I when confidence levels are high, people have thought Mr McMullan served his party well confidence to borrow. They also do that in an in that particular role and I think it is regret- environment where interest rates are at rela- table for the parliament that he was not able tively low levels. The Treasurer and I and to reach an understanding with his leader as other members of the government have con- to how he might serve his party and was stantly been seeking to ensure that Austra- kicked onto the back bench. Nevertheless, I lians understand the importance of not ex- congratulate Senator Sherry and look for- tending themselves when it comes to their ward to his contribution. I welcome the La- borrowings and that the lending institutions act responsibly and sensibly in their lending
CHAMBER 86 SENATE Wednesday, 17 November 2004 policies. Therefore, we welcome very much give them much better value for the money what Mr Macfarlane had to say. that we are spending. We believe the states Senator SHERRY—Mr President, I ask a and territories want to do the same, and I supplementary question. Given current would hope that everyone in this chamber household debt as a percentage of income endorses the view that what we are doing has almost doubled from 85 per cent to 153 now is not the best we can do. We can do per cent over the last 8½ years, why has the better. Once we answer the question, ‘Is what government’s policy failed so dramatically to we’re doing now the best we can do?’ by manage the explosion in this household saying, ‘No, we can do better,’ we accept that debt? there has to be change. And we are commit- ted to implementing that change. We spelt Senator MINCHIN—Clearly Senator out our plans prior to, and during, the elec- Sherry has a bit more to learn about econom- tion. ics before he engages in the debate fully be- cause you have to look at both sides of the I was pleased to hear Mr Latham on radio ledger. The asset base of Australians and recently confirming that his job in this par- their capacity to service their debts have both liament will be to ensure that all the election improved extraordinarily in the 8½ years in promises made to the Australian people are which we have been in office. The reason kept. We have an election promise that we why Australians voted so overwhelmingly will introduce a bill to get rid of ATSIC, for our return is that they know that their which is incidentally also Labor Party policy, asset base, their real incomes and their ca- and I look forward to that bill being passed. I pacity to service their debts have improved understand notice has been given of a motion extraordinarily. They are in a position to ac- before the Senate to continue the work of the quire more debt because they can service that Senate Select Committee on the Administra- debt. Household balance sheets are in fact in tion of Indigenous Affairs. My guess is that extraordinarily good shape. the Senate will vote for that to continue, but that is no reason for the ATSIC abolition bill Indigenous Affairs: Reforms not to proceed. There are other matters that Senator KNOWLES (2.49 p.m.)—My that committee can look at. question is to the Minister for Immigration In the time between the election and now, and Multicultural and Indigenous Affairs, I announced the membership of the new Na- Senator Amanda Vanstone. Will the minister tional Indigenous Council and I am very inform the Senate of the government’s ac- pleased with the general reception members tions to deliver better futures for, and better of that council have received. It is an advi- outcomes to, Indigenous Australians? Is the sory body; it is not a replacement for ATSIC. minister aware of any alternative policies? ATSIC purported to be representative of In- Senator VANSTONE—I thank Senator digenous Australia by geographic region. In Knowles for her question. Coming from the fact, only about 20 per cent of Indigenous state of Western Australia she obviously has Australians who were entitled to vote voted. a strong interest in matters pertaining to In- To put it another way, about 80 per cent did digenous Australians. It is very clear—we not. With that indication of support from In- have said it in this place before and we re- digenous Australians, we can see why Labor peated it after the election—that this gov- came to the policy and we came to the same ernment is committed to ensuring a much view that ATSIC has to go. better deal for first Australians. We want to
CHAMBER Wednesday, 17 November 2004 SENATE 87
This body is not there to represent one re- Senator VANSTONE—Yes, I would care gion over another. These people have been to expand, Senator Knowles, and I thank you picked, firstly, because they are Indigenous for the supplementary question. The first Australians and, secondly, because they are meetings will be on 8 and 9 December. They achievers in their own right. Given there are will include discussions—and this will hap- hurdles that Indigenous Australians must pen regularly—with the ministerial task jump to get the same outcomes that all of us force. That task force is made up of ministers enjoy, these people have jumped them. If who have money that will be spent on In- there are mountains Indigenous Australians digenous matters. We will coordinate that have to climb, these people have climbed money in a way that Commonwealth gov- them. They are successful in their own right ernments have never done before. The task in the fields of education, law, business and force will primarily be discussing with the sport—a wide range of areas where the gov- council, and vice versa, what our priority ernment will welcome their advice. It will areas should be. We believe they are safer not be the sole source of advice; we will be communities, early intervention for children listening to views put forward by our col- and ending passive welfare. You could put leagues, by members opposite, by lobby that another way and talk about childhood groups and by the general community. But intervention, primary health, community they will be a key advisory body to the gov- safety and economic development. That is ernment. the first issue we want to raise with them to I am particularly pleased that magistrate see if they agree with those points. Indige- Sue Gordon from Western Australia has nous leaders and commentators like Noel agreed to chair the committee. She has a long Pearson and former senator Bob Collins have and distinguished career and a very clear called for an end to passive welfare. Indige- understanding of the safety risks that chil- nous families and communities want the op- dren in some Indigenous communities face. I portunity to be responsible, and we will give am equally pleased that the Vice-President of it to them. (Time expired) the Labor Party, Warren Mundine, is also Australian Federal Police: Cabinet happy to join. Our invitation to him to join is Documents an indication of our determination to ap- Senator CARR (2.53 p.m.)—My ques- proach each of these issues as it relates to tion without notice is to Senator Hill, the Indigenous Australians on its merits. We do Minister representing the Prime Minister. not want this to be a Liberal-Labor fight. It is Can the minister confirm that the Prime Min- not an indication that we will take Labor into ister’s office instigated the Remembrance our confidence on a day-to-day basis but it is Day raid by the Australian Federal Police on a clear indication that we recognise this must the offices of the National Indigenous Times? be a high priority and that day-to-day politics What was the nature of the complaint by the should not interfere with it. We are abso- Prime Minister’s office and did it concern lutely committed to working with the coun- the leaking of cabinet-in-confidence docu- cil. The first meetings will be on 8 and 9 De- ments? Did the warrant specifically mention cember. (Time expired) the National Indigenous Times or did it men- Senator KNOWLES—Mr President, I tion other newspapers? Given that at least ask a supplementary question. I ask the min- two newspapers other than the National In- ister if she would care to expand further on digenous Times ran reports on leaked cabi- the role of this new body. net-in-confidence documents about the gov-
CHAMBER 88 SENATE Wednesday, 17 November 2004 ernment’s proposals regarding Indigenous Senator HILL—I do not think Senator programs and the legal impediments to the Carr listened to a word of the answer that I government’s administrative changes to gave or else he would have heard that I said ATSIC programs, why did the government that this was a matter for the police. They single out this Indigenous newspaper as the determine how to conduct their own investi- subject of a raid by the AFP? Why didn’t the gations. He could better direct the question government ask the AFP to search the prem- to the police. I think that the police would ises of the other newspapers? respectfully tell him that they will do the job Senator HILL—This is, of course, a po- and do it well. lice investigation and the police determine Immigration: Detention Centres how to carry out their own investigation. The Senator BARTLETT (2.58 p.m.)—My advice that I have got is that the Department question is to the Minister for Immigration of the Prime Minister and Cabinet referred and Multicultural and Indigenous Affairs and the unauthorised disclosure of cabinet docu- is also relevant to her capacity today as the ments to the Australian Federal Police in line Minister representing the Attorney-General. with normal procedures. The AFP accepted Is the minister aware of the case currently the referral for investigation and as part of its being heard by the High Court of Australia investigation executed a search warrant at which involves an appeal of the legality of the premises of the National Indigenous the Nauru government’s detention of asylum Times in Canberra and took documents from seekers on that island? Is it the case that the the premises pursuant to the warrant. Deci- Nauruan director of police is challenging our sions for the conduct of an investigation are, High Court’s competency to hear this appeal as I said, for the police to make, including and the constitutionality of one of Australia’s decisions on whether and when to seek and laws? Is it also the case that the Australian execute search warrants. Any suggestion, as government is funding counsel for Nauru to is being put by Senator Carr, that the Prime prosecute that case but is not providing fund- Minister ordered the raid is obviously com- ing for counsel for the Commonwealth of pletely wrong. As this is a continuing inves- Australia to defend our own law? tigation, it would be inappropriate to make Senator VANSTONE—There is a case, I any further comment. think being heard at the moment if not pend- Senator CARR—Mr President, I ask a ing. The Australian government is funding supplementary question. Why did the raids the Nauruan government in relation to this on the Indigenous Times not occur until after matter. As I understand it—and I will the reports of the cabinet-in-confidence check—that is part of an agreement in rela- documents appeared in another newspaper, tion to having the immigration centre on the Australian Financial Review? Why was Nauru and the funding of legal costs associ- the office of the Financial Review not raided ated with that. We are not giving advice to by the AFP? Further, why wasn’t the journal- the Nauruan government as to the conduct of ist Andrew Bolt raided when the leaked na- that matter. It is up to them how they choose tional security information appeared in the to conduct it. If I have anything further to Herald Sun via his column? Are there any add, Senator, I will come back to you. charges pending against any newspaper or Senator BARTLETT—Mr President, I journalist for breaches of the Crimes Act in ask a supplementary question. Can the minis- relation to conveying cabinet-in-confidence ter confirm that the Australian government is material?
CHAMBER Wednesday, 17 November 2004 SENATE 89 not providing any counsel to represent the these claims are properly funded into the Australian government’s and the Common- future, because they have a very long tail. wealth of Australia’s side in defending the The board, no doubt, is looking at how to do validity of our own laws? Is it the case that that. Whilst we support the claims of the vic- we are not engaging as the Australian gov- tims—I do not think anybody seriously ernment other than to provide funding for the doubts that those claims should be enter- foreign government to challenge the validity tained by the company and paid where ap- of our own laws? propriate—it is not just a simple matter of Senator VANSTONE—The answer is as snapping your fingers. You have to be able to I have given to you: we are funding the Nau- fund these claims, you have to be able to ruan government for the conduct of the ac- bank these claims and you have to be able to tion. As I understand it, we are not a party to continue to run the company in order to pay the action ourselves. the claims. So it is important that we see the board move to making appropriate arrange- Health: Asbestos Related Disease ments for victims. Senator WONG (3.00 p.m.)—My ques- I think I heard Senator Conroy say at tion is to Senator Coonan, Minister for some stage that the board should be sacked. Communications, Information Technology That will not deal with the issue. Continuity and the Arts and Minister representing the of the board and attention to the very com- Minister for Revenue and Assistant Treas- plex issues that surround these claims are urer. Does the minister agree that the refusal paramount. These matters are critical to in recent months by the James Hardie board properly funding the claims and putting in to fully fund the company’s liabilities to as- place a fund that is able to deal with them. I bestos victims and their families is reprehen- do not think there is broad community dis- sible and an indictment of the current Hardie agreement, nor would I think there would be board? Does the minister also agree with much disagreement between the government Dennis Cooper, the Director of the Medical and the opposition, that the company move Research and Compensation Foundation, that to fund the claims, but I do caution the oppo- yesterday’s announcement of further funding sition from being strident about it. If you put for the foundation is only a temporary and this company out of business, there is cer- insufficient measure? Will the minister join tainly not going to be any means to pay these the opposition in urging James Hardie to claims. So I think we need to be tempered in agree upon a fully funded settlement ar- our approach to it. I do think that it is impor- rangement for asbestos victims? tant that the union, the board and Ms Helli- Senator COONAN—Thank you, Senator car, who is the chair, continue their discus- Wong, for raising a very serious question. I sions. I would certainly hope that this matter am sure we have all been following this issue can be resolved at the very earliest possibil- and the impact of the claims on the victims ity. of asbestos. The arrangements entered into to Senator WONG—Mr President, I ask a fund those claims have been inadequate and supplementary question. Is the minister are recognised as inadequate by the board aware that the James Hardie board that de- and the inquiry conducted by Mr Justice termined its current and totally inadequate Jackson. Rather than condemn the board, I course of action includes Mr Donald would think that most Australians would McGauchie, a current director of James Har- want to see urgent action taken to ensure that die and the government’s choice as Telstra
CHAMBER 90 SENATE Wednesday, 17 November 2004 chairman? Given the inexcusable corporate jumping up and down shouting, ‘Pick me, practices engaged in by James Hardie, how pick me,’ but he knows the Prime Minister is does the minister justify the government’s never going to take any notice of him. He pick for Telstra chairman acting so blatantly can jump up and down all he wants. Senator against the interests of injured Australian Brandis is currently helping the police with workers and their families? their investigations into the Mount Morgan Senator COONAN—That is an ex- branch of the Liberal Party. Stand up there, tremely disappointing supplementary from Senator Brandis and Senator Boswell. Sena- Senator Wong, who raised a legitimate ques- tor Brandis has been involved again in yet tion that I have endeavoured to deal with in another shonky membership exercise in the an appropriate way. I think it is a very low Queensland branch of the Liberal Party, and act to pick on one member of the board and the police have been called in to investigate. try to extrapolate from a board such as James We hope that someone like Senator Bran- Hardie to the chair of Telstra. Once again, dis— the Labor Party clutches at straws and draws Senator Hill—I rise on a point of order. very long bows. There is no argument on this That is a serious reflection upon an honour- side of the chamber that victims should be able senator and should be withdrawn. properly compensated and that the board The DEPUTY PRESIDENT—Order! should attend to it at the earliest possibility. Senator Conroy, I ask you to withdraw that (Time expired) remark. Senator Hill—Mr President, I ask that Senator CONROY—I withdraw at your further questions be placed on the Notice asking, Mr Deputy President. Paper. The DEPUTY PRESIDENT—Thank QUESTIONS WITHOUT NOTICE: you, Senator Conroy. TAKE NOTE OF ANSWERS Senator CONROY—What is at stake Telstra here is that the National Party have set up Senator CONROY (Victoria) (3.05 their think tank. I know that Senator Mac- p.m.)—I move: donald nearly choked at the concept of a Na- That the Senate take note of the answers given tional Party think tank. He nearly choked in by the Minister for Communications, Information the chamber and he was lucky to have Sena- Technology and the Arts (Senator Coonan) to tor Kemp patting him on the back to keep the questions without notice asked by Senators Con- oxygen flowing. What we have is the Na- roy and Lundy today relating to Telstra. tional Party going through the charade of The shemozzle between the National Party pretending to rural and regional Australians and the Liberal Party continued today in the that they will do the right thing by them over Senate, evidenced by Senator Brandis sitting the Telstra vote. It is just a charade because in a corner with Senator Boswell and point- we know that, in the end, the agrarian social- ing his finger at him—still fighting about ists in the National Party will roll over. It who gave them the majority in the Senate. will be back to the old ‘rollover Ron Bos- Was it Senator elect Barnaby Joyce? You can well’ when he votes for Telstra. He will not see that, in the back corner, the fight is still stand up to the Liberals. He will not stand up on. It is not surprising at all to see Senator to John Howard. He will not stand up to Brandis using his usual standover tactics. Nick Minchin and Peter Costello. He will Senator Brandis is like the donkey in Shrek, just roll over. He will just get a few bau-
CHAMBER Wednesday, 17 November 2004 SENATE 91 bles—it will be the beads and blankets for a suicide note that you are being asked to rural and regional Australians. Beads and sign for the National Party, because just as blankets will be all they get because Senator you kept losing seats in this election, just as Boswell is the master of walking both sides you lost another seat and you lost a minister, of the street. you are sliding into oblivion. This is the last In the city what do we have? We have chance for the National Party. (Time expired) Senator Ferris, we have Senator Minchin and Senator BRANDIS (Queensland) (3.10 we have the Prime Minister walking into p.m.)—I should be so lucky! I thought that it boardrooms saying, ‘We’ll sell Telstra; it’s could not have got any better after 9 October, up to scratch.’ Yet the Deputy Prime Minis- with that champagne result for the Howard ter, Mr John Anderson, and the Leader of the government, that magnificent result in Nationals in the Senate, Senator Boswell, are Queensland, that magnificent result for the walking around the streets—and around the Liberal Party in the Senate in Queensland streets of Benalla, Senator McGauran—all and that magnificent result for my good over country and in regional Australia say- friend Senator Boswell for the National Party ing, ‘Oh, no, we’ll get it up to scratch. Don’t in Queensland. I thought it could not have you worry. We won’t sell it until service got any better than that but then, on the first standards are up to scratch.’ But we know day of real business in the Senate, I am in- what will happen: ‘rollover Ron’ will be true vited by the whip to respond to Senator Con- to form. Just as he was stood over by Senator roy after he pulled on the implausible garb of Brandis earlier today, he will be stood over the defender of regional and rural Australia. again. ‘We want to upgrade the USO,’ said Mr Deputy President, I ask you: is there any the Deputy Prime Minister. But the Deputy senator in this chamber with less credibility Prime Minister, within three weeks of the on the question of the interests of people in election campaign, admitted to the failure of regional and rural Australia than Senator the government’s policies in this area. Stephen Conroy, who is seldom seen outside He said that the USOs had gone ‘soggy’. the Labor Party cabals in the inner city of He admitted that Telstra had been using these Melbourne, which is meat and drink to him? methods to get out of their community ser- That is all he cares about. That is the only vice obligations. They have gone ‘soggy’ focus of Senator Conroy’s interests, as Sena- 100 times in the last couple of months. But tor Ludwig, who is smiling wisely at me, we are in the middle of a drought and Telstra well knows. are using a soggy excuse. The Deputy Prime Senator Conroy interjecting— Minister has rung the bell. The person who Senator BRANDIS—Let us deal with the conducted the inquiry on behalf of the coali- question. No, Senator Conroy, you have had tion, Mr Estens, described services in rural your time. You have maligned my very good and regional Australia as a shemozzle. This friend Senator Ron Boswell and I do not ap- will be the last chance for the National Party. preciate it. On his behalf I take umbrage and Is it going to stand up for regional and rural offence at your comments about him. Let us Australians? Or is it going to continue its deal with what the Howard government—the inexorable slide into irrelevance? We know Howard-Anderson government, as Senator what Senator Brandis wants. We know he Boswell reminds me—has done in relation to was the claimed mastermind behind that let- telecommunications services in regional and ter from the Prime Minister. He is trying to rural Australia. Let us compare it with what exterminate you. I have to tell you that this is
CHAMBER 92 SENATE Wednesday, 17 November 2004 you lot did in those now distant days when friend Senator Conroy. They seem to think you were in government. I will tell you what that, just because the government owns the we did not have from the Labor Party—in telephone company the service will be any the last century, as Senator Fifield points out. good. In the days of the PMG, in the days of I will tell you what we did not have when the Telecom, in the days when Telstra was 100 Labor Party was last in government: we did per cent publicly owned the services were not have the customer service guarantee and dreadful. They have improved over the years. we did not have the universal service obliga- The services have never been better nor have tion. We had prices for telecommunications they been less expensive than they are now services both in the city and in the bush that with Telstra partly privatised. So do not give were sky-high when compared with the us the old dogma, Senator Conroy, the old prices that are charged to the users of those socialist, public sector dogma. I thought you services today. Senator Conroy, who is an were a bit more sophisticated than that. I economist—at least, he has an economics thought that, behind the smile and the rabble- degree so I suppose that makes him an rousing, there was a mind trained by the eco- economist. nomics faculty of the ANU to have at least a Senator Conroy—No. little understanding of markets. But, sadly, Senator Conroy, you disappoint me on your Senator BRANDIS—Senator Conroy first day back into parliament. With too would know that, if you are going to deter- much time on your hands, you have reverted mine the access to a good or a service in a to type. We get nothing but the tired old market, the prime determinant of the acces- dogmas from you. You wonder why you got sibility of that good or service is price. In the the result that you did on 9 October. Reno- lifetime of the Howard-Anderson govern- vate your thinking or it will happen to you ment the price of telecommunications ser- again and again. vices in the bush has fallen by over 20 per cent, and the reach of those services has con- Senator LUNDY (Australian Capital Ter- tinued to expand. At the same time, to rein- ritory) (3.15 p.m.)—I rise in support of the force the safeguards that are available to motion to take note of Senator Coonan’s an- people in regional and rural Australia, the swer in question time today. How interesting Howard-Anderson government has set up it was to see that rather frenzied response two successive inquiries. Don’t you laugh, from Senator Brandis, as Senator Boswell Senator Conroy. I’m going to have a good did his fake heehaws in the corner, in re- time over the next three years twisting your sponse to that contribution. We are dealing tail. The Howard-Anderson government has here with the fracturing of the coalition on an set up two successive inquiries, most re- incredibly important issue to rural and re- cently the Estens inquiry, and also we have gional Australians. I have done a lot of work introduced the community service obligation in the area of Internet connectivity for many and the customer service guarantee. years, and I know first-hand just how poor services are in the bush. So when Mr Estens The Labor Party’s approach to telecom- says that it is a shemozzle, that is an under- munications in the bush, just like their ap- statement and the National Party knows that proach to so many issues, has a fixation with it is an understatement, because they deal the concept of public ownership. Some day in and day out, as many of us do in par- members of the Labor Party in the Keating liament, with the consistent and continual days got over that, but apparently not my complaints about the poor level of services.
CHAMBER Wednesday, 17 November 2004 SENATE 93
But, hey, do not take our word for it. Have a of how Telstra extract the most out of their look at the recent TIO report, which shows customers around this country—to see how the vast majority of different types of com- far the cost of line rental has increased. We plaints going through the roof. So when the need to look no further than the recent report coalition ministers sit over there and say, into Telstra’s price control arrangements to ‘Everything is going okay,’ you do not need know that there is a dire situation forming to listen to just the opposition, you need to here that will completely undermine any look at the facts. And the facts are that the claim, or any credibility, that the Howard number of complaints is going up, the situa- government cares about price. tion is getting far worse in rural and regional What is the best way to keep prices down Australia and there is absolutely nothing that in telecommunications? Make sure that there the National Party seems prepared to do is competition. Here is another area of about it. chronic failure by the Howard government. Another point worth making is about the This is one area that the National Party ought contribution of the new Minister for Com- to sit up and take notice of, because it has not munications, Information Technology and taken notice of anything else. If you do not the Arts, Senator Coonan, who was the first have competitive tensions in the market, it is minister to lay on the table what the agenda hard to keep the prices down and keep up the is all about with respect to privatisation. She pressure on service quality. What happens? said, ‘It’s about keeping Telstra’s bottom line Telstra is not placed under any pressure in nice and fat in the lead-up to a telecommuni- rural and regional Australia with respect to cations sale.’ If you understand the language competition policy, because it is allowed to here, you will know that every time a coali- dump small community based telecommuni- tion government minister says, ‘We need to cations initiatives on your patch, Senator look at the market conditions to look forward Boswell—rural and regional Australia— to the sale of Telstra’, they are talking about where you see community groups, organisa- how much profit Telstra is making and how tions, businesses getting together, trying to much appeal there will be in the market to form a competitive response to Telstra. What purchase it. So, Senator Boswell, we are happens? Telstra use the full weight of its talking here about a government minister, residual monopoly to knock them out of the standing up, blatantly saying, ‘We want Tel- market. What happens? Telstra are able to stra to make more money to create the pre- prevail, to continue its monopolistic behav- conditions for a sale.’ Do you know what? iour and nothing changes. The situation That means rural and regional customers keeps getting worse. That is the scenario here around this country will suffer more. They and full privatisation will just make it far will suffer more than they already have done. worse. But I think it is the motivation of the We know that they have suffered because of National Party for this whole privatisation the TIO report into increased complaints and agenda that really exposes the gross neglect we know that there is worse to come. to its constituency. It does not care about I also found it interesting that Senator privatisation; it does not care about its con- Brandis chose to mention the issue of price, stituents. It is as plain as that. We are going as part of a very pitiful defence about what is to hear from Senator Boswell now, and I am going on in telecommunications. We need to sure that he will launch into some pitiful de- look no further than the increase in the cost fence of why The Nationals are doing abso- of line rentals—the last monopolistic feature
CHAMBER 94 SENATE Wednesday, 17 November 2004 lutely nothing about the privatisation of Tel- election, get a different result. It will get ex- stra. actly the same result. Senator BOSWELL (Queensland— In 1996, when we obtained government Leader of The Nationals in the Senate) (3.20 after 13 hard years of Labor, interest rates p.m.)—I can remember in 1996 being in the were through the roof. People had been polling booths and all the polling booths forced off their farms, their equity sucked out were covered in signs saying, ‘Don’t sell of their properties because of high interest Telstra: vote Labor.’ We won that election. rates. The telecommunications system was a The Labor Party are a bit slow. In 1998 we disaster. I personally brought it up in the rock out again, and in every polling booth party room. I said, ‘The one thing that rural throughout Queensland there were plastic and regional people need is a decent tele- coverings saying, ‘Don’t sell Telstra.’ We communications system.’ Richard Alston won the election again. You guys have to get was the minister at the time. What did we a life. You have to start to understand that do? We made $1.5 billion worth of im- there are more issues than Telstra. And in the provements for rural Australia—that is what election on 9 October there was the big pol- this government has put in. There are mobile icy decision, ‘Vote for the Labor Party and phones right throughout the bush. Yes, there maintain Telstra.’ Four times you have gone are little places where you cannot get recep- with the one policy and you have been abso- tion. We cannot put up a tower for everyone. lutely defeated every time. You guys have to We have spent $1.5 billion. think about this. If you do the same thing As long as I have been in the National every time, you will get the same result. You Party, for 30 years, every time there was a have been doing it for four elections and you conference there was a resolution on the got the same result. Now you are trying to books about untimed local calls. Under La- put some divisive split between the National bor, if you rang your neighbour or your Party and the Liberal Party. Let me tell you town, or even if you rang your son in the this: you could not put a cigarette paper be- cottage next to the house, you paid for a long tween us. distance call. It was terrible for rural Austra- Someone said they wanted to know about lians. Their phone bill went through the roof. Senator-elect Barnaby Joyce. You will see What did we do? We fixed it up—no un- him come into this place and you will be able timed local calls. Local calls for around your to count him for the next three years. Every district. And we extended it to the next dis- time you are defeated in the Senate you can trict. say, ‘Senator Barnaby Joyce—that’s the guy What about the Internet? No-one had the who defeated us.’ Why did we defeat the Internet. We not only provided the Internet; opposition? Why did the Liberal Party and we put in broadband for the far-out places. the National Party get a combined major- But no-one could use the Internet, so we put ity—something that has not been obtained in people to show the station owners and for 23 years? Because people trusted us. their wives how to use the Internet. One and They were not concerned about Telstra. They a half billion dollars later, the opposition did not see Telstra as a vote changing issue. accuses us of not doing anything for rural They trusted us. The opposition cannot come Australia. Come on, guys! Get over it. You back here and attack us, as it has done for are flogging a dead horse. You have done it our last four terms, and then, on the fifth
CHAMBER Wednesday, 17 November 2004 SENATE 95 for four years and you do not understand only a matter of days ago, at a dinner here in what we have done out there. the Great Hall that I do not think any of the I travel around rural Australia a lot. Telstra coalition members or senators, and certainly is not an issue out there. Yes, they are con- not ministers, attended. He said that the bot- cerned about it, they are worried about it, but tom line is that Optus need to make a profit; they are much more worried about the Labor they can only extend their services in re- Party ever having power in the Senate. That gional Australia in areas where they could is why people in rural Australia returned four make a profit as they had a responsibility to National Party senators, and you will be able their shareholders. to count them every time you are defeated in So the private business responsibility to the Senate—(Time expired) shareholders means that their services are Senator O’BRIEN (Tasmania) (3.25 only going to go where they can make a p.m.)—I also rise to take note of Senator buck. That is completely understandable; I Coonan’s answer in question time today. It is am not being critical of Optus for that view. interesting that the National Party want to That is the nature of business. But, with the talk about everyone else’s promises but their full privatisation of Telstra, the same phi- own. They went to the last election telling losophy has to apply and the only thing people that Telstra would not be sold until it which will provide any certainty for rural was up to scratch. But they do not want to and regional Australians—and I am one of say that now. They will not be held to their them—is the government guaranteeing, or promises. The Australian people may have propping up, those services. We know that returned a number of National Party sena- the government will then be held to ransom tors, but they do not want to be reminded by a monopoly carrier in those remote and what they promised their constituency to get rural areas to fulfil the customer service ob- their vote. ligations. So that is an issue the National Party need to consider as they dishonour The Labor Party will be making sure that their promise. we hold the National Party to account. Let them dishonour their promise to their con- I live about 24 kilometres from the city of stituents. They do it regularly. We should not Launceston. I do not live in a big city. I be surprised about it. They roll over when- travel the areas around my state, and I know ever the government says jump, and election what the telephone services are like. As a after election, just as at the last one, another matter of record, let me say that my own National Party seat falls—be it to the Liberal telephone service is regularly disrupted by Party, or to Independents or to the Labor faults. Fortunately, we have a mobile service, Party. We can expect that trend to continue so when the line is disrupted we can organise and, I expect, to be magnified at the next for the line to be transferred to a mobile ser- election, when the National Party dishonour vice. But if I travel about three kilometres yet another promise and vote for the sale of back towards Launceston, I find myself in a Telstra. blank spot. Fortunately, I do not live there, because if my line were disrupted there I Why would people be concerned about the would have no service. dishonouring of that promise? Let me tell you what Dick Dewhurst, General Manager, If Telstra cannot get a regularly operating Government Sales, Optus, told the National line functioning 24 kilometres from the city General Assembly of Local Government, of Launceston, what hope will regional and
CHAMBER 96 SENATE Wednesday, 17 November 2004 remote Australians have to get their line ser- ues to go up because of inflation but the viced—unless, of course, they are related to overall value of their wages does not in- a National Party senator prior to the voting crease purely by virtue of inflation. The min- on legislation to privatise Telstra? That is ister says that it is less of a problem than it about the only hope that rural and regional used to be because inflation is more under Australians will have to get a reasonable ser- control. That is true, and that is why it is now vice. They will need to check their lineage to clearly affordable for the government to deal see whether they have a relative in this place with it. who might be voting on the bill. If they have, It is a simple fact that a person on an aver- they had better put that on the Telstra web age wage will over the course of three years site so that they can let their contractors pay about $400 a year more in income tax, know that they are priority customers. A even if their wages keep pace with inflation. great many people in this country know that That is a little more than the fabled milk- they are far from priority customers of Tel- shake and sandwich income tax cuts that stra’s. They are great critics of the service low-income earners received in the life of the that Telstra provide. They are great critics of last parliament. People on average weekly the level of service that they receive and they earnings went backwards over those three are certainly great critics of the fact that Tel- years, despite getting that sandwich and stra have milked the Australian public with a milkshake tax cut. They got a tax cut, yet massive increase in line rental costs. Let us they still went backwards. not talk about call costs; let us talk about the The reason for that is bracket creep. That fixed cost of everyone’s phone line, which is why the Democrats believe it is appropri- has gone up massively under this govern- ate to introduce indexation of the income tax ment. (Time expired). thresholds so that when you get a tax cut you Question agreed to. will know that it will maintain its value. You Taxation: Policy will know that it is not a facade whereby the Immigration: Detention Centres government gives you a tax cut—usually just before an election, as has happened with the Senator BARTLETT (Queensland— massive income tax cuts this year—only to Leader of the Australian Democrats) (3.31 quickly claw it back through bracket creep so p.m.)—I move: that it can give it back to you again in three That the Senate take note of the answers given years time, just before the next election. by the Minister for Finance and Administration Properly indexing or even partially indexing (Senator Minchin) and the Minister for Immigra- tion and Multicultural and Indigenous Affairs those scales would be a clear and positive (Senator Vanstone) to questions without notice reform. It would ensure greater openness in asked by Senator Bartlett today relating to income our tax system. tax thresholds and to asylum seekers. The minister said in his answer that the I asked Senator Minchin a question, which is reason we were getting so much surplus a legitimate issue for debate, about further these days was not because of bracket creep changes to the taxation system and making but because of the increase in company tax our income tax regime fairer. The Democrats receipts. Again that fits in the fine old tradi- have long held a position on the need to ad- tion of this government being misleading, of dress bracket creep—that is, where the pro- not really giving an accurate representation portion of income tax paid by people contin- of the truth. According to the government’s
CHAMBER Wednesday, 17 November 2004 SENATE 97 own budget documents and cash revenue Nauru. They have been there for over three statistics and history, the facts are that in the years and are still there. Our government is financial year just gone, 2003-04, the esti- funding another government to detain peo- mated receipts in income taxation went up ple—probably illegally—indefinitely and over $6 billion. An extra $6.2 billion was without hope for the future. Now we are received in the last financial year in income funding them to challenge the law—(Time tax compared to the year before. Contrast expired) that with company tax receipts, which have Question agreed to. increased by only half that amount. PETITIONS Similarly, the estimates for the current The Clerk—Petitions have been lodged year are that income tax receipts will go up for presentation as follows: by $5 billion and company tax will go up by only $3 billion. That is because of bracket Anti-Vehicle Mines creep, and that is why this government is To the Honourable the President and members of able to generate surpluses which it can then the Senate in Parliament assembled give back down the track when it suits it The Petition of the undersigned shows: electorally. This is something the Democrats That the undersigned note that like anti-personnel pushed before the election, along with rais- landmines, anti-vehicle mines are indiscriminate ing the bottom threshold for low-income in who they effect, that they disproportionately earners, to ensure that people get the assis- kill and maim civilians, they delay relief efforts in tance they deserve rather than income tax war affected countries and they go on killing for relief going to the highest income earners. decades after the conflict has ended. We note that Australia’s existing stock of anti-vehicle mines is We will continue to push that policy ap- obsolete and only used for training purposes, so proach. If there was one change to the in- now is the perfect time to commit to supporting a come tax regime that this government could ban on these indiscriminate weapons. We wel- make that would be assured of Democrat come the Australian Government’s support for support and that would clearly be fair it further restrictions on the use of anti-vehicle would be indexation of the tax brackets; it is mines, but believe such measures to be inade- also known as the elimination of bracket quate to address the humanitarian problems creep. caused by anti-vehicle mines. I also briefly note the extraordinary con- Your Petitioners ask that the Senate should: firmation by the Minister for Immigration • Legislate a ban on the production, transfer, and Multicultural and Indigenous Affairs that importation and use of anti-vehicle mines in Australia is currently paying the government Australia and by Australians other than by of Nauru to challenge the constitutionality of the Australian Defence Forces for training in demining and avoiding the hazards of anti- an Australian act. The Australian government vehicle mines; and itself will not be a party to the action—even • Pass a motion supporting the development of as an observing party—on the constitutional- an international treaty that would ban the ity of that act currently being challenged in production, transfer, importation and use of the High Court. It is extraordinary that extra anti-vehicle mines globally. funding is being provided by Australia to by The President (from 53 citizens). enable Nauru to challenge an Australian act. The only reason for this situation is that the East Timor: Oil and Gas Fields case in question relates to the legality or oth- To the Honourable The President and Members of erwise of the detention of asylum seekers on the Senate assembled in Parliament:
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We, the undersigned, appeal to the Australian ately outside the Joint Petroleum Develop- government regarding its conduct of negotiations ment Area (RDA) of the 20 May 2002 Timor with the government of East Timor on the mari- Sea Treaty for further apportionment be- time boundary between the two countries and tween Australia and Timor Leste after the sharing of Timor Sea oil and gas revenue. maritime boundary dispute between the two We pray that the Senate ensures the Australian countries has been settled. Government: by Senator Nettle (from 1,002 citizens). 1. negotiates a fair maritime boundary accord- Child Abuse ing to current international law, and the pro- To the Honourable Members of the Senate in the visions of the UN Convention on the Law of Parliament assembled. the Sea; The Petition of the undersigned draws attention to 2. responds to East Timor’s desire for more the damaging long-term effects to Australian so- regular meetings which will enable the reso- ciety caused by the sexual assault and abuse of lution of the dispute and finalisation of a children and the concealment of these crimes treaty within a more reasonable timeframe; within churches, government bodies and other and institutions. 3. commits to hold in trust (escrow) revenues Your petitioners ask the Senate, in Parliament to received from disputed areas, for further ap- call on the Federal Government to initiate a Royal portionment between Australia and East Commission into the sexual assault and abuse of Timor after the boundary and the treaty have children in Australia and the ongoing cover-ups of been completed. these matters. by The President (from 16 citizens). by Senator Bartlett (from 135 citizens). East Timor: Oil and Gas Fields Defence: Involvement in Overseas To the Honourable The President and Members of Conflict Legislation the Senate assembled in Parliament: To the Honourable the President and Members of We the undersigned appeal to the Australian Gov- the Senate in Parliament assembled. ernment regarding its conduct of negotiations with the Government of Timor Leste on the mari- The Petition of the undersigned calls on the time boundary between the two countries and members of the Senate to support the Defence sharing of the Timor Sea oil and gas revenue. Amendment (Parliamentary Approval for Austra- lian Involvement in Overseas conflict) Bill intro- We pray the Senate ensures the Australian Gov- duced by the Leader of the Australian Democrats, ernment: Senator Andrew Bartlett and the Democrats’ For- negotiates a fair and equitable maritime eign Affairs spokesperson, Senator Natasha Stott boundary with Timor Leste according to cur- Despoja. rent international law and the provisions of Presently, the Prime Minister, through a Cabinet the UN Convention on the Law of the Sea decision and the authority of the Defence Act, has (UNCLOS), the power to send Australian troops to an overseas responds to Timor Leste’s request for more conflict without the support of the United Na- regular meetings to settle the maritime tions, the Australian Parliament or the Australian boundary dispute between the two countries people. within a more reasonable timeframe, The Howard Government has been the first Gov- returns Australia to the jurisdiction of the In- ernment in our history to go to war without ma- ternational Court of Justice and UNCLOS for jority Parliament support. It is time to take the the adjudication, of maritime boundary, decision to commit troops to overseas conflict out commits to hold intrust (escrow) revenues of the hands of the Prime Minister and Cabinet, received from the disputed areas immedi- and place it with the Parliament.
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by Senator Bartlett (from 477 citizens). Your petitioners therefore request the Senate act Military Detention: Australian Citizens to extend the Educational Textbook Subsidy Scheme indefinitely. To the Honourable the President and members of the Senate in Parliament assembled: by Senator Bartlett (from 63 citizens). The Petition of the undersigned shows: Immigration: Detention Centres that the treatment of Mamdouh Habib is con- To the Honourable Members of the Senate in the trary to longstanding international conven- Parliament Assembled. tions on the treatment of prisoners The Petition of the undersigned draws attention to Your petitioners ask that the Senate should: the damaging long-term effects to children of prolonged detention in Immigration Detention ensure that Australian citizen, Mamdouh Centres. Habib’s legal and humanitarian rights are ac- knowledged, especially following the United Your petitioners ask the Senate, in Parliament to States Supreme Court decision that all pris- call on the Federal Government to release all oners have immediate access to their families children from immigration detention centre into and lawyers the community, and to provide them with psycho- logical counselling, education and medical ser- immediately send an official deputation to vices George W. Bush asking that Mamdouh Habib be returned to Australia by Senator Bartlett (from 27 citizens). ensure that if Mamdouh Habib is charged Workplace Relations: Paid Maternity with a crime he has a civil trial in Australia Leave by Senator Bartlett (from 28 citizens) To the Honourable President and Members of the by Senator Faulkner (from 315 citizens) Senate in Parliament assembled: by Senator McGauran (from 8 citizens). We the undersigned citizens believe that paid maternity leave is a workplace entitlement for Educational Textbook Subsidy Scheme Australian women. It overcomes the disadvantage To the Honourable the President and Members of and inequity women face as a result of the bio- the Senate in Parliament assembled. logical imperative for women to break from the workforce when they have a child. The Petition of the undersigned draws to the at- tention of the Senate, concerns that the expiration We recognise that the International Labour Or- of the Educational Textbook Subsidy Scheme on ganisation (ILO) Convention 183 on Maternity June 30 will lead to an eight percent increase in Protection provides women with the right to 14 the price of textbooks, which will further burden weeks paid maternity leave and Australia is now students and make education less accessible. one of only two OECD countries without a na- tional scheme of paid maternity leave. Your petitioners believe: Your petitioners request that the Senate should at (a) a tax on books is a tax on knowledge; the earliest opportunity pass legislation to provide (b) textbooks—as an essential component of a national system of Government-funded paid education—must remain GST free; maternity leave which provides at least a 14 week (c) an increase in the price of textbooks will payment for working women at least at the mini- price many students out of education, par- mum wage, with the ability to be topped up to ticularly those students from disadvantaged normal earnings at the workplace level with backgrounds; and, minimal exclusions of any class of women. (d) the Educational Textbook Subsidy Scheme by Senator Bartlett (from 24 citizens). should be extended past June 30.
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Constitutional Reform: Senate Powers suffering endured by Australian livestock because From the citizens of Australia to the President of of this nation’s pursuit of trade and financial the Senate of the Parliament of Australia. benefits at any cost. Your petitioners call on the members of the Senate to end the live export We the undersigned believe that the Prime Minis- trade now in favour of developing an Australian ter’s call for Senate Reform is an attempt to dilute chilled and frozen halal and kosher carcass trade the powers of the Senate and to enable the Execu- using humane slaughtering practices. tive to have absolute control over parliament. by Senator Bartlett (from 111 citizens). We urge all Senators to ensure the powers and responsibilities, of the Senate are protected in the Health: Pharmaceutical Benefits Scheme interests of ensuring good governance on behalf To the Honourable the President and Members of of the Australian people and to oppose any moves the Senate in Parliament assembled, by the current, or future, Governments to weaken The Petition of the undersigned recognises the the ability of the Senate to be a check and balance Pharmaceutical Benefits Scheme has been ex- on the Government of the day. tremely successful in ensuring affordable medi- by Senator Bartlett (from 7 citizens). cines for Australians. It has also supported com- Telstra: Privatisation panies involved in research, and many overseas countries look to it as a best practice model. To the Honourable the President and Members of the Senate in Parliament assembled. Your petitioners request that the Senate: The undersigned urge the Senate to continue to 1. Protects Australians’ access to medicines by oppose the full privatisation of Telstra as the sale ensuring that pharmaceutical purchasing by is contrary to the public interest on the grounds the Australian Government be explicitly ex- that: empted from the Free Trade Agreement. • services, particularly. in regional areas, are 2. Calls on the Federal Government to bring not of a sufficient standard; any Free Trade Agreement to Parliament to be ratified. • competition in the market is not adequate given Telstra’s market dominance; by Senator Bartlett (from 37 citizens). • `future proofing’ in terms of roll out of new Information Technology: Internet Content technology is not guaranteed given the fail- To the Honourable the President and Members of ing level of investment in the network and the Senate in Parliament assembled declining staff numbers; We, the undersigned citizens of Australia draw to • regulation of telecommunications is not suf- the attention of the Senate the common incidence ficiently robust to protect consumers; and of children being exposed to Internet websites • the public sector would be worse off if a portraying explicit sexual images. These images major public asset and its dividend stream may involve children/teens, sexual violence, bes- was lost. tiality, and other disturbing material. Many such websites use aggressive, deceptive or intrusive by Senator Bartlett (from 25 citizens). techniques to induce viewing. We submit to the Trade: Live Animal Exports Senate that: To the Honourable the President and Members of • Exposure to pornography is a form of sexual the Senate in Parliament assembled: assault against children and should be con- The Petition of the undersigned notes the inade- sidered, like all sexual abuse of children, as a quate numbers of livestock available for Austra- serious matter causing lasting harm. lian slaughter, food consumption and hides; the • It is not adequate to charge individual parents increase in Australian abattoir closures; the grow- with the chief responsibility for protecting ing negative economic, employment and social their children from Internet pornographers impacts on rural Australia; and the unnecessary determined to promote their product, OR to
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expect parents to teach children to cope with Howard Government: Indigenous Affairs the damaging effects of pornographic images Policy AFTER exposure. To the Honourable President and members of the • It is the primary duty of community and Senate in parliament assembled. Government to prevent children being ex- The petition of the undersigned shows: posed to pornography in the first place by placing restrictions on pornographers and That the current intention of the Government to those businesses distributing such material. abolish the rights of Aboriginal and Torres Strait Islander people to exercise their right of self self- • Internet Service Providers (ISPs), should determination and self-management, will severely accept responsibility for protecting children disadvantage Aboriginal and Torres Strait Islander from Internet pornography, including liability people. for harm caused to children by inadequate ef- forts to protect minors from exposure. Your petitioners request that the Senate: Your petitioners therefore, pray that the Senate 1. oppose any legislation for the abolition of take legislative action to restrict children’s expo- ATSIC unless and until an alternative elected sure to Internet pornography. We support the in- representative structure, developed and ap- troduction of mandatory filtering of pornographic proved by Aboriginal and Torres Strait Is- content by ISPs and age verification technology lander peoples is put in place and which to restrict minor’s access. would, at the same time assume the function of ATSIC. by Senator Ian Campbell (from 501 citi- zens) 2. oppose any move to appoint an advisory committee as contrary to the rights of Abo- by Senator Eggleston (from 203 citi- riginal and Torres Strait Islander people to zens). elect their own representatives. Medicare: Services 3. oppose any move to diminish, dismantle, To the Honourable President and Senators assem- destroy and/or erode the principles of self- bled in Parliament the Petition of the undersigned determination and self-management since draws to the attention of the Senate: any such action would turn back the clock on hard won rights of Aboriginal and Torres • That the City of Palmerston is the fastest Strait Islander people. growing city in Australia with a current population of more than 40 000 persons 4. strongly defend these rights of self- determination and self-management of Abo- • That Medicare is a valued service of the riginal and Torres Strait Islander people pre- community and the ability to access this ser- viously supported by the Australian Parlia- vice is vital for all people within the City of ment. Palmerston 5. oppose any move to main-stream services for • There is no Medicare office within the Aboriginal and Torres Strait Islander people boundaries of the city as this too would severely disadvantage Abo- • The nearest Medicare offices for persons riginal and Torres Strait Islander people. within the City of Palmerston are in Darwin by Senator Ridgeway (from 22 citizens). and Casuarina, located 20kms away Education: Higher Education Your petitioners believe that not having a Medi- care Office within the boundaries of the City of To the Honourable President and Members of the Palmerston persons are being deprived of this Senate assembled in Parliament: important and vital service and urge the Senate to The petition of certain citizens of Australia draws immediately request the Minister consider a the attention of the Senate to the need to increase Medicare office for the City of Palmerston. the number of places at TAFE for the people of by Senator Crossin (from 10 citizens).
CHAMBER 102 SENATE Wednesday, 17 November 2004 the communities of Moore. We therefore pray that Petitions received. the Senate oppose cuts in the number of places. NOTICES by Senator Webber (from 68 citizens). Presentation Medicare: Bulk-Billing Senator Bartlett to move on the next day To the Honourable the President and Members of of sitting: the Senate assembled in parliament: That the Senate— The petition of certain citizens of Australia draws to the attention of the Senate: (a) notes that: (i) 20 November 2004 marks the 15th • that under the government’s changes to Medicare, only people with concession cards anniversary of the United Nations Convention on the Rights of the Child and children under 16 will be eligible for the bulk billing incentive and doctors will in- (UNCROC), crease their fees for visits that are no longer (ii) UNCROC is the most widely ratified bulk billed; human rights convention of all time, ratified by 192 countries, • that the rate of bulk billing by GPs has plummeted from 80 percent to 68 percent (iii) millions of children worldwide suffer under John Howard; from preventable diseases and malnutrition, • that’s more than 10 million fewer GP visits were bulk billed this year compared to when (iv) numerous children have no hope of John Howard came to office; even receiving a basic education, • that the average out-of-pocket cost to see a (v) numerous children work in inhumane GP who does not bulk bill has gone up since conditions and are exploited as cheap 1996 to $14.92 today; labour, • that public hospitals are now under greater (vi) children are the sad victims of pressure because people are finding it harder trafficking, including for heinous to see bulk billing doctors. purposes of prostitution and sexual exploitation, and We therefore pray that the Senate takes urgent steps to restore bulk billing by general practitio- (vii) children are affected by armed ners and reject John Howard’s plan to end univer- conflict and the ravages of war; and sal bulk billing so all Australians have access to (b) expresses the view that an important way the health care they need and deserve. for Australia to demonstrate its by Senator Webber (from 9 citizens). commitment to UNCROC is to ensure that Australia’s domestic laws comply Trade: Iraq with the spirit and terms of the treaty. To the President of the Senate and Senators in the Senator Stott Despoja to move on the parliament assembled: next day of sitting: The undersigned petitioners respectfully request That the Senate— that the Senate recognises that the Howard Gov- ernment’s decision to write off Iraqi debts to Aus- (a) notes: tralian wheat growers will impose a serious fi- (i) the briefing provided to the United nancial burden on a group that is already suffer- Nations Security Council by the ing the effects of a prolonged drought. Secretary-General’s Special The petitioners therefore call upon the Senate to Representative for Sudan on 4 act to ensure that affected wheat growers are fully November 2004, indicating that ‘the compensated. Sudanese Government made no progress last month in either stopping by Senator Webber (from 184 citizens). militia attacks against civilians in
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Darfur, disarming those armed groups the meeting in Nairobi, regarding the or prosecuting the individuals need for urgent action to prevent responsible for the worst atrocities’, further loss of life and suffering (ii) there are now approximately 1.45 within Sudan and neighbouring Chad; million internally displaced persons and within Sudan and the number of (e) calls on the Sudanese Government to Sudanese refugees in Chad has risen take immediate action to disarm militia to 200 000, groups, prevent further attacks against (iii) there have been fresh reports of civilians, and prosecute the perpetrators attacks against internally displaced of atrocities. persons in the Darfur region, Senator Conroy to move on the next day (iv) UNICEF has reported that armed of sitting: militias continue to rape women and That the Senate— girls in the Darfur region with (a) notes that: impunity, including numerous reports of gang rapes, (i) the Government has failed to ensure that telecommunications service (v) the suffering of those affected by the standards are up to scratch in rural conflict is being prolonged, and the and regional Australia, death toll is rising, as a result of international inaction, (ii) the chief of the Government’s telecommunications inquiry, Mr Dick (vi) the Secretary-General of the United Estens, has said that telecommuni- Nations has called on all Member cations services in the bush remain a States to provide urgent and generous ‘shemozzle’, and support to the African Union to enable it to expand its mission in (iii) selling Telstra will cost the budget Sudan, and $255 million over the next 4 years; and (vii) the Security Council has proposed to meet in Nairobi on 18 and (b) calls on the Government to keep Telstra 19 November 2004, at which time it in majority public ownership to ensure will discuss the crisis in Darfur; reliable telecommunications services for all Australians. (b) welcomes the signing of humanitarian and security accords between the Senator Forshaw to move on the next Sudanese Government and rebels on day of sitting: 10 November 2004; (1) That the following matter be referred to (c) acknowledges the Australian Govern- the Finance and Public Administration ment’s provision of $20 million in References Committee for inquiry and humanitarian assistance to Sudan and its report by 22 June 2005: offer to assist the African Union mission (a) the level of expenditure on, and the by providing the use of two C-l 30 nature and extent of, Commonwealth Hercules transport aircraft; government advertising since 1996; (d) calls on the Australian Government to: (b) the processes involved in decision- (i) as a matter of urgency, provide making on Commonwealth govern- additional, generous support to help ment advertising, including the role of facilitate the expansion of the African the Government Communications Union mission, and Unit and the Ministerial Committee (ii) make immediate representations to on Government Communications; Security Council members, prior to
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(c) the adequacy of the accountability Senator Lees to move, contingent on the framework and, in particular, the Senate on any day concluding its considera- 1995 guidelines for government tion of any item of business and prior to the advertising, with reference to relevant Senate proceeding to the consideration of reports, guidelines and principles another item of business: issued by the Auditor-General and the Joint Committee of Public Accounts That so much of the standing orders be sus- and Audit; pended as would prevent the senator moving a motion relating to the conduct of the business of (d) the means of ensuring the ongoing the Senate or to provide for the consideration of application of guidelines based on any matter. those recommended by the Auditor- General and the Joint Committee of Senator Lees to move, contingent on the Public Accounts and Audit to all Senate proceeding to the consideration of government advertising; and government documents: (e) the order of the Senate of 29 October That so much of the standing orders relating to 2003 relating to advertising projects, the consideration of government documents be and whether the order is an effective suspended as would prevent the senator moving a mechanism for parliamentary motion relating to the order in which the docu- accountability in relation to ments are called on by the President. government advertising. Senator Lees to move, contingent on a (2) That the committee have power to minister moving a motion that a bill be con- consider and use the records of the sidered an urgent bill: Finance and Public Administration References Committee appointed in the That so much of standing order 142 be sus- previous Parliament. pended as would prevent debate taking place on the motion. Senator Harradine to move on the next day of sitting: Senator Lees to move, contingent on a minister moving a motion to specify time to That answers be provided by 31 January 2005 be allotted to the consideration of a bill, or to: any stage of a bill: (a) estimates questions on notice lodged with legislation committees in the course That so much of standing order 142 be sus- of the estimates hearings in May and pended as would prevent the motion being de- June 2004; and bated without limitation of time and each senator speaking for the time allotted by standing orders. (b) estimates questions on notice lodged with legislation committees by Senator Lees to move, contingent on the 2 December 2004. chair declaring that the time allotted for the Senator Lees to move, contingent on the consideration of a bill, or any stage of a bill, President presenting a report of the Auditor- has expired: General on any day or notifying the Senate That so much of standing order 142 be sus- that such a report had been presented under pended as would prevent further consideration of standing order 166: the bill, or the stage of the bill, without limitation of time or for a specified period. That so much of the standing orders be sus- pended as would prevent the senator moving a Senator Lees to move, contingent on the motion to take note of the report and any senator moving of a motion to debate a matter of speaking to it for not more than 10 minutes, with urgency under standing order 75: the total time for the debate not to exceed 60 minutes.
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That so much of the standing orders be sus- Family Law Amendment (Annuities) Bill pended as would prevent the senator moving an 2004, and amendment to the motion. Fisheries (Validation of Plans of Manage- Senator Lees to move, contingent on the ment) Bill 2004. President proceeding to the placing of busi- I also table statements of reasons justifying ness on any day: the need for each of these bills to be consid- That so much of the standing orders be sus- ered during these sittings and seek leave to pended as would prevent the senator moving a have the statements incorporated in Hansard. motion relating to the order of business on the Leave granted. Notice Paper. The statements read as follows— Senator Lees to move, contingent on any senator being refused leave to make a state- ADMINISTRATIVE APPEALS TRIBUNAL ment to the Senate: AMENDMENT BILL That so much of the standing orders be sus- Purpose of the Bill pended as would prevent that senator making that The bill amends the Administrative Appeals Tri- statement. bunal Act 1975 (the Act) and related legislation to improve the capacity of the Administrative Ap- Senator Lees to move, contingent on a peals Tribunal (the Tribunal) to manage its work- minister at question time on any day asking load and ensure that reviews are conducted as that further questions be placed on notice: efficiently as possible. The bill also expands the That so much of the standing orders be sus- range of people who may be appointed to the pended as would prevent the senator moving a office of President of the Tribunal and removes motion that, at question time on any day, ques- tenured appointments under the Act. tions may be put to ministers until 28 questions, Reasons for Urgency including supplementary questions, have been The bill introduces a broad range of reforms that asked and answered. will significantly improve the flexibility and effi- Senator Lees to move, contingent on any ciency of the Tribunal, bringing substantial bene- senator being refused leave to table a docu- fits to applicants and the community at large. ment in the Senate: The bill expands the range of people who may be That so much of the standing orders be sus- appointed to the position of President and re- pended as would prevent the senator moving that moves tenured appointments. The current Presi- the document be tabled. dent of the Tribunal has been appointed on an Senator IAN CAMPBELL (Western acting basis only. This arrangement has been in place for several years in anticipation of the Australia—Minister for the Environment and changes to the appointment provisions contained Heritage) (3.37 p.m.)—I give notice that, on in the bill. It is highly desirable that an ongoing Monday, 29 November 2004, I shall move: appointment be made as soon as possible to pro- That the provisions of paragraphs 5 to 8 of vide the Tribunal, and the person appointed, with standing order 111 not apply to the following certainty. bills, allowing them to be considered during this (Circulated by authority of the Attorney-General) period of sittings: ————— Administrative Appeals Tribunal Amend- BANKRUPTCY AND FAMILY LAW ment Bill 2004, LEGISLATION AMENDMENT BILL Bankruptcy and Family Law Legislation Purpose of the Bill Amendment Bill 2004, The bill amends the Bankruptcy Act 1966 (Bank- Disability Discrimination Amendment (Edu- ruptcy Act) and the Family Law Act 1975 (Family cation Standards) Bill 2004,
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Law Act) in order to harmonise the interaction Reasons for Urgency between the two Acts, prevent the misuse of fam- Passage of the bill is necessary to ensure the Edu- ily law financial agreements as a means of avoid- cation Standards can be formulated as soon as ing payments to creditors and to enhance the re- possible. The Education Standards will clarify gime under the Bankruptcy Act for the collection and elaborate the obligations of education and of income contributions from bankrupts. training providers in relation to students with Reasons for Urgency disabilities under the Act, and provide guidance The bill addresses longstanding community con- on how to meet these obligations. The Standards cerns about uncertainty in the interaction between will be a powerful tool in removing unlawful family law and bankruptcy law, and concerns discrimination against people with disabilities identified in the 2002 Joint Taskforce Report on participating in education and training. the Use of Bankruptcy and Family Law Schemes The Education Standards cannot be formulated to Avoid Payment of Tax (Joint Taskforce Report) until after passage of the amendments to the Act. about the misuse of schemes to defeat the claims It is highly desirable that this bill be accorded of legitimate creditors. The bill implements rec- priority so that the Standards can be formulated ommendations of the Joint Taskforce Report. and tabled as soon as possible. The contents of the bill have also been examined (Circulated by authority of the Attorney-General) by the House of Representatives Standing Com- ————— mittee on Legal and Constitutional Affairs, and this bill implements recommendations in its July FAMILY LAW AMENDMENT (ANNUITIES) BILL 2004 report for revisions to the bill. The report recommended that the reforms included in the bill Purpose of the Bill should proceed. The bill extends Part VIIIB of the Family Law (Circulated by authority of the Attorney-General) Act 1975 (the Act), which enables superannuation ————— to be split on marriage breakdown, to annuity products that are similar to superannuation. DISABILITY DISCRIMINATION Reasons for Urgency AMENDMENT (EDUCATION STANDARDS) BILL Schedule 6 of the Family Law Amendment Act 2003 (the 2003 Act), which provides the court Purpose of the Bill power to make orders binding third parties in The bill amends the Disability Discrimination Act family law property proceedings, commences on 1992 (the Act) to ensure that the provisions of the 17 December 2004. The bill defines superannua- draft Disability Standards for Education (Educa- tion like annuity products and removes them from tion Standards) made under s 31 of the Act are the Schedule 6 provisions of the 2003 Act and fully supported. The bill introduces and defines provides that where there are property settlement the term ‘education provider’, provides that it is proceedings they should be dealt with in a manner unlawful for education providers to discriminate similar to the splitting of superannuation interests on the ground of disability in the development or in Part VIIIB of the Act. The bill allows for regu- accreditation of curricula or training courses, lations and for taxation and social security conse- provides that education providers may be required quential amendments to be subsequently made to to develop strategies and programs to prevent address these products. These provisions of the harassment and victimisation of students with bill will not come into operation for six months disabilities, extends the defence of ‘unjustifiable from the date of Royal Assent to allow for these hardship’ to post-enrolment situations, and clari- other changes to be made. fies that disability standards made under s 31 of The financial services sector strongly supports the Act may require ‘reasonable adjustments’ to be made to avoid unlawful discrimination. legislative certainty about how annuity products are to be dealt with prior to the commencement on 17 December of Schedule 6 of the 2003 Act.
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(Circulated by authority of the Attorney-General) I also table statements of reasons justifying ————— the need for these bills to be considered dur- FISHERIES (VALIDATION OF PLANS OF ing these sittings and seek leave to have the MANAGEMENT) BILL statements incorporated in Hansard. Purpose of the Bill Leave granted. The bill provides certainty about the validity of The statements read as follows— certain plans of management determined, FAMILY AND COMMUNITY SERVICES amended and/or revoked under the Fisheries AND VETERANS’ AFFAIRS LEGISLATION Management Act 1991 and things done under or AMENDMENT (2004 ELECTION for the purposes of those plans. COMMITMENTS) BILL Reasons for Urgency Purpose of the Bill Plans of management set out the arrangements The bill amends social security law, family assis- under which Commonwealth fisheries resources tance law and the Veterans’ Entitlements Act 1986 are sustainably managed. It is important to ensure to give effect to 2004 election commitments in that nothing can call into question the security of respect of self-funded retirees, older Australians access to resources under these plans and things and carers on income support, grandparents car- done under or for the purposes of those plans. ing for children and certain disability pensioners. In this respect, a legal audit has found that there is Reasons for Urgency an inconsistency in the ways in which some plans of management have been determined and this Two measures in the bill (providing a new $200 inconsistency may encourage some to challenge payment for self-funded retirees, and special rate the validity of these plans. Whilst this risk is child care benefit, covering the full cost of fees slight, it is important for industry that these plans charged, for grandparents caring for children) are are certain. to commence on 1 December 2004. The remain- ing measures in the bill are to commence by early (Circulated by authority of the Minister for Fish- 2005. eries, Forestry and Conservation) (Circulated by authority of the Minister for Fam- Senator IAN CAMPBELL (Western ily and Community Services) Australia—Minister for the Environment and ————— Heritage) (3.37 p.m.)—I give notice that, on Tuesday, 30 November 2004, I shall move: NATIONAL WATER COMMISSION BILL Purpose of the Bill That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following The bill establishes the National Water Commis- bills, allowing them to be considered during this sion as a Commonwealth statutory authority. period of sittings: Reasons for Urgency Family and Community Services and Veter- At its 25 June 2004 meeting, the Council of Aus- ans’ Affairs Legislation Amendment (2004 tralian Governments agreed to the establishment Election Commitments) Bill 2004, of a National Water Commission. National Water Commission Bill 2004, Establishment of the Commission is a key plat- Tax Laws Amendment (Retirement Villages) form of the National Water Initiative Agreement Bill 2004, (NWIA) signed by the Australian Government and the Governments of New South Wales, Victo- Tax Laws Amendment (Small Business ria, Queensland, South Australia, the Northern Measures) Bill 2004, and Territory and the Australian Capital Territory. Tax Laws Amendment (Superannuation Re- While the Commission is being established ad- porting) Bill 2004. ministratively pending passage of the bill, the NWIA commits parties to establishing the Com-
CHAMBER 108 SENATE Wednesday, 17 November 2004 mission as an independent statutory body by the changes to payments, reporting and apportion- end of 2004. Passage of the bill in the 2004 ment rules. Spring sittings is required for the Commonwealth Reasons for Urgency to meet this commitment. The measures need to be enacted as early as pos- The NWI Agreement sets out a number of key sible to reduce GST compliance costs for small tasks for completion by the National Water business. Passage in this sitting is required as the Commission in its first year, including the evalua- matters are beneficial for small business and ap- tion of state and territory implementation plans ply from 1 July 2004. for the Initiative by mid-2005, and the scheduled (Circulated by authority of the Treasurer) 2005 assessment of National Competition Policy water-related reform commitments. ————— The Commission will also provide advice and TAX LAWS AMENDMENT recommendations to the Government on projects (SUPERANNUATION REPORTING) BILL to be funded under the Australian Water Fund, a Purpose of the Bill major Australian Government investment in se- The bill amends the Superannuation Guarantee curing Australia’s water future. (Administration) Act 1992 to remove the re- (Circulated with the authority of the Prime Minis- quirement for employers to report superannuation ter) contributions to employees. ————— Reasons for Urgency TAX LAWS AMENDMENT (RETIREMENT The measures need to be enacted as early as pos- VILLAGES) BILL sible to remove the requirement for employers to Purpose of the Bill report superannuation contributions to employees under the Superannuation Guarantee (Administra- The bill amends the taxation law to: tion) Act 1992. The provisions commence on • ensure that the supply of accommodation and 1 January 2005. certain care services are GST-free when sup- (Circulated by authority of the Treasurer) plied to a resident of a serviced apartment in a retirement village who requires and is sup- Postponement plied with daily living activities assistance or The following items of business were post- nursing services; and poned: • ensure that the provision of accommodation Business of the Senate notice of motion and accommodation-related services and fa- no. 1 standing in the name of Senator cilities and meals by charitable retirement Ridgeway for today, proposing the disal- villages is GST-free. lowance of the Aboriginal and Torres Strait Reasons for Urgency Islander Heritage Protection Amendment The measures need to be enacted as early as pos- Regulations 2004 (No. 1), postponed till sible to remove uncertainty in relation to the GST 18 November 2004. treatment of serviced apartments in retirement General business notice of motion no. 1 villages. standing in the name of Senator Ludwig (Circulated by authority of the Treasurer) for today, proposing the re-establishment of the Select Committee on the Scrafton ————— Evidence, postponed till 18 November TAX LAWS AMENDMENT (SMALL 2004. BUSINESS MEASURES) BILL General business notice of motion no. 2 Purpose of the Bill standing in the name of Senator Allison for The bill amends the taxation law to reduce GST today, relating to human rights in Western compliance costs for small business through Sahara, postponed till 18 November 2004.
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General business notice of motion no. 3 (iii) in February 2002, the Senate agreed standing in the name of Senator Allison for to a resolution noting these recom- today, relating to high-intensity active na- mendations, acknowledging that they val sonar, postponed till 18 November had not been implemented, and 2004. calling on the Government to respond General business notice of motion no. 6 to the standing committee’s report to standing in the name of Senator Nettle for modernise the Parliament and open it today, relating to the death of Yasser up to participation by all Australians, Arafat, postponed till 18 November 2004. and General business notice of motion no. 7 (iv) the government response to the standing in the name of Senator Harris for Council for Aboriginal Recon- today, relating to the use of the term ciliation’s final report, dated ‘ANZACS’, postponed till 18 November September 2002 and some 22 months 2004. after the report was released, stated that the Government was not prepared General business notice of motion no. 9 to include Indigenous protocols into standing in the name of Senator Nettle for opening ceremonies for Parliament; today, relating to Iraq, postponed till 18 November 2004. (b) expresses its disappointment that the OPENING OF PARLIAMENT: Government has again missed the opportunity to recognise and honour the INDIGENOUS AUSTRALIANS unique cultures and identity of Senator RIDGEWAY (New South Wales) Indigenous Australians and include First (3.39 p.m.)—I move: Nation Peoples in the official national That the Senate— ceremony as a positive and inclusive gesture of reconciliation between (a) notes that: Indigenous and non-Indigenous (i) the House of Representatives Australians; and Standing Committee on Procedure (c) calls on the Government to take unanimously recommended in August constructive action, in accordance with 2001 in its report, Balancing tradition its own 2001 House of Representatives and progress: Procedures for the committee report, to ensure that the opening of Parliament that ‘… Australian Parliament is accessible to all representatives of the ACT Australians and representative of all indigenous community be consulted Australians, by incorporating Indigenous to advise on a suitable indigenous protocols into the ceremony for the ritual to be included in the opening opening of Parliament. procedures [of the Australian Parliament]’, Question agreed to. (ii) the Council for Aboriginal COMMITTEES Reconciliation recommended to the Administration of Indigenous Affairs Parliament in its final report in Committee December 2000 that, ‘All Parliaments, governments and Re-establishment organisations observe protocols and Senator RIDGEWAY (New South Wales) negotiate with local Aboriginal and (3.40 p.m.)—I, and also on behalf of Senator Torres Strait Islander Elders or Crossin, move: representative bodies to include appropriate Indigenous ceremony into That— official events’,
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(a) the Select Committee on the Constitution Alteration (Electors’ Initiative, Administration of Indigenous Affairs, Fixed Term Parliaments and Qualification of appointed by resolution of the Senate on Members) 2000 [2002] 16 June 2004, be reappointed with the Defence Amendment (Parliamentary ap- same terms of reference, powers and proval for Australian involvement in over- provisions for membership, except as seas conflicts) Bill 2003 otherwise provided by this resolution; Electoral Amendment (Political Honesty) (b) the committee have power to consider Bill 2003 and use for its purposes the minutes of Environment Protection and Biodiversity evidence and records of the select Conservation Amendment (Invasive Species) committee appointed on 16 June 2004; Bill 2002 and Euthanasia Laws (Repeal) Bill 2004 (c) the committee report by 8 March 2005. Question agreed to. Financial Management and Accountability (Anti-Restrictive Software Practices) BUSINESS Amendment Bill 2003 Consideration of Legislation Freedom of Information Amendment (Open Senator IAN CAMPBELL (Western Government) Bill 2003 Australia—Minister for the Environment and Genetic Privacy and Non-discrimination Bill Heritage) (3.40 p.m.)—I ask that government 1998 [2002] business notice of motion No. 16, proposing Ministers of State (Post-Retirement Em- the exemption of some bills from the bills ployment Restrictions) Bill 2002 cut-off order, be taken as a formal motion. National Animal Welfare Bill 2003 The DEPUTY PRESIDENT—Is there Patents Amendment Bill 1996 [2002] any objection to this motion being taken as Parliamentary Approval of Treaties Bill 1995 formal? [2002] Senator Brown—Yes. Public Interest Disclosure (Protection of Whistleblowers) Bill 2002 The DEPUTY PRESIDENT—There is an objection. Reconciliation Bill 2001 [2002] Republic (Consultation of the People) Bill RESTORATION OF BILLS TO NOTICE 2001 [2002] PAPER Sexuality Anti-Vilification Bill 2003 Senator ALLISON (Victoria) (3.41 Sexuality and Gender Identity Discrimina- p.m.)—I move: tion Bill 2003 (1) That so much of standing orders be sus- State Elections (One Vote, One Value) Bill pended as would prevent this resolution hav- 2001 [2002] ing effect. Textbook Subsidy Bill 2003 (2) That the following bills be restored to the Notice Paper and that consideration of each Uranium Mining in or near Australian World of the bills be resumed at the stage reached Heritage Properties (Prohibition) Bill 1998 in the last session of the Parliament: [2002] Anti-Genocide Bill 1999 [2002] Workplace Relations Amendment (Paid Ma- ternity Leave) Bill 2002. Charter of Political Honesty Bill 2000 [2002] Question agreed to. Constitution Alteration (Appropriations for the Ordinary Annual Services of the Gov- ernment) 2001 [2002]
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NOTICES Of course, we as a nation have been very Postponement successful at doing that. It has occurred in the past under both coalition and Labor gov- Senator HARRADINE (Tasmania) (3.41 ernments. The world-leading bilateral trade p.m.)—by leave—I move: agreement is Australia’s closer economic That general business notice of motion no. 10 relations agreement with New Zealand, standing in my name for today, relating to Budget which was the forerunner of successful trad- estimates supplementary hearings, be postponed till 18 November 2004. ing relationships. That agreement has been a tremendous boon to the people of New Zea- Question agreed to. land and the people of Australia, and it was a BUSINESS phenomenal achievement in the relationship Consideration of Legislation between our two countries. It is still regarded Senator IAN CAMPBELL (Western by both sides of politics on both sides of the Australia—Minister for the Environment and Tasman as having brought an incredible im- Heritage) (3.42 p.m.)—I move: provement to the relations between our two great countries. That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Customs I had the great privilege 10 days ago to be Amendment (Thailand-Australia Free Trade a guest of the New Zealand government to Agreement Implementation) Bill 2004 and the discuss climate change issues. It was inter- Customs Tariff Amendment (Thailand-Australia esting, in meeting their environment minis- Free Trade Agreement Implementation) Bill 2004. ter, their industry minister, their energy min- This motion would allow the Senate to de- ister as well as their Prime Minister, to see bate during these sittings the legislation that that the depth of the relationship between the will give effect to the Thailand-Australia free two nations is cherished by people on both trade agreement. It is legislation that puts in sides of the political divide. There is still place an agreement that is quite historic, clear recognition of that many years after without using a hackneyed cliche. It certainly closer economic relations were established underpins Australia’s ever expanding en- by the Fraser government—I think my his- gagement with our region. Australia pursues tory is correct. They were enhanced by the multilateral trade agreements, trying to en- Hawke and Keating governments and have sure that trade in the world improves for the been enhanced more lately under the leader- benefit of developed and, in particular, de- ship of John Howard, with great support veloping nations and for the great benefits from Peter Costello. Both sides of politics that improvements in trade can bring to alle- recognise that. viating poverty, hunger and starvation. Al- I think it is fair to say that the free trade though multilateral improvements to trade agreement recently entered into with the can certainly achieve that, the Australian United States had significant bipartisan sup- government certainly believe that it is not port. There were some relatively minor dis- prudent to wait for a breakthrough in multi- agreements over some aspects of it, but gen- lateral negotiations. It is actually in Austra- erally speaking there was tremendous bipar- lia’s interests—the interests of trade and the tisan support. I think this is, again, a com- interests of the people of both Australia and, mitment that both Latham Labor and the in this case, Thailand—to pursue bilateral Howard coalition would support. We expect free trade agreements. that the US-Australia free trade agreement will deliver substantial benefits to the people
CHAMBER 112 SENATE Wednesday, 17 November 2004 of the United States of America and the peo- Australia Free Trade Agreement Implemen- ple of Australia and will deepen what is an tation) Bill 2004, but this is a debate about important relationship. whether or not it should be granted exemp- The agreement with Thailand entered into tion from the cut-off; it is not about the merit within a similar time frame puts the lie to of the bill. The Senate will have the ability, those who would say that this government is should this motion not succeed—that is, if too preoccupied with the US relationship. It the bill does not get exemption from the cut- shows that we can have a substantial rela- off—to debate the merits of the bill during tionship with a country like Thailand, a na- speeches on the second reading and subse- tion which is a very important part of our quently, if there is a desire to have a commit- region, which is successful and which many tee stage, at some later point. What is impor- Australians have a close affinity with. We tant is that the opposition will take this mat- believe this agreement will deliver substan- ter and deal with it on principle. The princi- tial benefits to the people of Thailand and to ple is that today is effectively the first day of the people of Australia and that it will con- business in the parliament. The government tribute to ever-deepening relationships in our has today introduced bills that are to be dealt region. The government believe that, to with. It has sought exemption from the cut- maintain faith between the countries, this off for many of those bills and that has been agreement should be entered into. We seek to granted, because we do need to deal with the have it commence by 1 January, the date business of the government and to deal with which was provisionally agreed with the bills within at least a reasonable time frame government of Thailand. This government and give them proper scrutiny. We will deal fully respects our parliamentary processes, as with this bill in the same manner. I am sure the Thai government does, and we The government has been able to provide see no reason why that provisional agree- a statement of reasons for introducing and ment with the government of Thailand seeking the passage of this legislation in the should not be supported if the Senate focuses 2004 spring sitting. The reason the govern- on the legislation during the balance of this ment has provided for urgency with this bill week. is: We are seeking in this motion to have leg- The Thailand-Australia Free Trade Agreement is islation relating to the Customs Act 1901 and to be implemented by 1 January 2005 as provi- the Customs Tariff Act 1995 exempted from sionally agreed to with the Government of Thai- the cut-off order—that is, under standing land. order 111. I seek the support of the Senate in That, in my mind, means the bill does pass progressing legislation which will signifi- the principle test of whether or not it is ur- cantly enhance Australia’s trade perform- gent; 1 January 2005 is unfortunately not that ance, increase jobs in Australia, enhance re- far away. We have only one more sitting lations with Thailand and be to the benefit of day—that is, tomorrow—plus two weeks in the Thai people as well. I commend this mo- November and December to deal with the tion to the Senate to achieve that end. legislative program that has been proposed Senator LUDWIG (Queensland) (3.49 by the government. Whether we deal with all p.m.)—I appreciate the government setting of the bills is a matter for the government, out the essence of their argument in respect and it will need to talk to all the parties con- of the Customs Amendment (Thailand- cerned, but we have this one before us. We can proceed with it. We are in a position
CHAMBER Wednesday, 17 November 2004 SENATE 113 where we can deal with it, as I understand it Without prolonging this debate—because and as I have been advised by the opposition we do want to get back to some of the issues spokesperson on this bill. We are in a posi- that are pressing in this chamber—I will only tion to deal with the elements of it. recap to say that the opposition is satisfied It is worth not going so much to the merit with the position that has been argued by of the bill but briefly dealing with the ele- Senator Ian Campbell and agrees that this is ments it provides. It provides rules for de- a matter that does meet the test that we have termining whether goods originate in Thai- imposed. land for the purposes of the FTA. It provides Senator NETTLE (New South Wales) verification measures to ensure that preferen- (3.54 p.m.)—This motion and the following tial entry is limited to those goods meeting motion, No. 17, were due to be debated this the rules of origin. It provides duty free ac- morning. At that time the minister said that cess for certain goods and preferential rates he was going to defer those matters until a of customs duty for other goods that are Thai later time in the day because he was involved originating goods in accordance with due in consultation and discussion around those division within the legislation. It also pro- two motions. It was news to the Greens at vides for phasing of the above preferential the time that there was any discussion going rates of customs duty for certain goods. It on, and it is still news to the Greens. Pre- creates a new schedule for the tariff to ac- sumably, this is the opportunity for that con- commodate those phasing rates of duty and sultation. That is all we can assume, given provides the mechanisms to initiate safe- that neither I nor Senator Brown have heard guard measures on sensitive products. anything from the government on this issue. So the bill is about ensuring that with the Senator Ian Campbell—We haven’t Customs amendment the free trade agree- heard from you either. ment is able to be implemented between Senator NETTLE—You happen to be the Thailand and Australia. This provides for its acting Manager of Government Business. implementation. Given that there is a provi- Senator Ian Campbell interjecting— sional agreement with the government of Thailand for it to operate, it is necessary for Senator NETTLE—The minister heard this matter to be debated and for it to be dealt from Senator Brown when he spoke this with before 1 January 2005. Given the time morning that we were asking questions about available, I suspect that we will be able to why this was being deferred until later in the achieve that objective with the cooperation day and when it was being deferred to. The of both the Senate and the House of Repre- minister gave an answer. The answer was sentatives. That is in essence what we are that the minister, as the acting Manager of dealing with. The test that the government Government Business, was involved in con- must pass to gain the concurrence of the op- sultation. Presumably, that was with the position in these matters is to provide an ar- other senators in the chamber. We are still gument about urgency, in particular with re- waiting for that consultation. This motion to spect to this bill. They have met that test. exempt bills— The government have also been able to dem- Senator Ian Campbell—This is the first I onstrate that with respect to the remaining know that you have any interest in this; you bills, but I will deal with those tomorrow. haven’t said anything in here about this.
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The DEPUTY PRESIDENT—Order! government needs to make a case for ur- Senator Ian Campbell, rather than there be- gency as to why we should deal with this ing a conversation backwards and forwards issue now. This issue is before a joint com- in the chamber between you and Senator mittee of the parliament, which is looking at Nettle, let’s allow Senator Nettle to raise the reviewing and making recommendations in issues. relation to this agreement. There is no ur- Senator Ian Campbell—The hypocrisy gency for the Senate to deal with the matter, offends me. because it is currently before the Joint Stand- ing Committee on Treaties. So the case for The DEPUTY PRESIDENT—It might urgency has not been made by the govern- do so but Senator Nettle can raise the issues. ment. Senator NETTLE—In the last half an I will ask further questions that relate to hour I think this is the fourth motion I have the number of bills that the government is counted in which the government is propos- proposing for the next sitting fortnight, but I ing to exempt bills from the cut-off. This cut- will wait until we get to the next motion and off was put in place by a senator from the see if we can get some consultation from the minister’s own area and by a Greens senator acting Manager of Government Business. to ensure that there was capacity for the Sen- ate to review legislation appropriately and to Senator IAN CAMPBELL (Western ensure that there was a time frame from Australia—Minister for the Environment and when legislation was introduced into the Heritage) (3.58 p.m.)—I need to sum up House of Representatives to when it came to briefly and to respond to a couple of things the Senate so that senators—particularly In- that Senator Nettle has raised. Firstly, she dependent, crossbench or minor party sena- makes the point that the government has tors—would have the opportunity to get their sought exemption from standing order 111 heads around all of the legislation and to for a number of bills. I congratulate the sena- hear from community groups about these tor on her observation. The reality is that if issues before they were decided on. I do not the government does not seek exemption think it bodes very well for the operations of from the cut-off in standing order 111 there the Senate and the respect that this govern- will be no legislation to deal with in the next ment intends to pay to the Senate from 1 July 2½ weeks. The government is required to when we have seen four motions in the last seek the Senate’s approval to handle its legis- 20 minutes to exempt a series of bills and in lation agenda. If Senator Nettle is implying the next motion 14 bills are set to be ex- that we should not be seeking exemption empted from the cut-off order. That does not from the cut-off then the levels of absurdity show the respect that the minister and the of the Greens go beyond what I even imag- Prime Minister have been saying that they ined. Secondly, this bill was introduced into are going to afford the Senate and our proc- the parliament back in August. This is the ess of review. first time that I, as retiring Manager of Gov- ernment Business—this is my first day as The particular bill that is involved in this acting manager—have been told by the motion is the subject of review by the Joint Greens that they have some issue with this. I Standing Committee on Treaties, which is am not sure that they told us that they were currently reviewing the Thailand-Australia not going to allow us formality for these mo- free trade agreement. As the Manager of Op- tions. position Business pointed out earlier, the
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Senator Chris Evans—It’s the first time Information (Criminal Proceedings) anyone has ever called you ‘retiring’. (Consequential Provisions) Bill 2004 Senator IAN CAMPBELL—Or shy! Schools Assistance (Learning Together–– Normally in the Senate, if senators want to Achievement through Choice and Opportunity) Bill 2004 and States Grants have bills considered by a committee—if (Primary and Secondary Education Assistance) they have concerns about them—they go to Legislation Amendment Bill 2004 the Selection of Bills Committee or they seek Superannuation Legislation Amendment Bill to have them referred to a committee. The 2004 Greens have not even done that. So once again we have a stunt from the Greens, a Surveillance Devices Bill 2004 time-wasting stunt. They have not used the Telecommunications (Interception) forms of the Senate, they have not sought to Amendment (Stored Communications) Bill 2004 have these bills referred to a committee and they object to the cut-off order. They would Textile, Clothing and Footwear Strategic have the Senate do absolutely nothing for the Investment Program Amendment (Post-2005 Scheme) Bill 2004 and Customs Tariff next 2½ weeks. Once again, it shows that the Amendment (Textile, Clothing and Footwear Greens cannot be taken seriously. I commend Post-2005 Arrangements) Bill 2004 the Australian Labor Party for agreeing to Vocational Education and Training Funding debate these important bills so that we can Amendment Bill 2004 talk about something of substance and not Workplace Relations Amendment (Agreement arcane procedural abuses by these so-called Validation) Bill 2004. Greens senators. Senator BROWN (Tasmania) (4.00 Question agreed to. p.m.)—It is not much good the retiring Man- Senator IAN CAMPBELL (Western ager of Government Business, the Minister Australia—Minister for the Environment and for the Environment and Heritage, getting Heritage) (4.00 p.m.)—I move: cranky because he has been picked up for not That the provisions of paragraphs (5) to (8) of consulting. And it is not much good him ex- standing order 111 not apply to the following plaining that we need some business to deal bills: with—everybody knows that. The Greens are Agriculture, Fisheries and Forestry Legislation here, always, to facilitate the government in Amendment Bill (No. 2) 2004 getting its schedule expedited, while making Australian Security Intelligence Organisation sure there is proper debate and input. Senator Amendment Bill 2004 Nettle was pointing out that the Thailand- Aviation Security Amendment Bill 2004 Australia free trade agreement is before a Classification (Publications, Films and committee—it is a joint committee, no less— Computer Games) Amendment Bill (No. 2) and we have not heard from them. It is ap- 2004 propriate that we do hear from them before Health Legislation Amendment (100% the matter proceeds. That is the first thing. Medicare Rebate and Other Measures) Bill The second is that this motion contains a 2004 long list of bills, in the order of a dozen or Indigenous Education (Targeted Assistance) more, that it is proposed be exempted from Amendment Bill 2004 the cut-off. A lot, if not most, of those have National Security Information (Criminal been before the Senate before, and we have Proceedings) Bill 2004 and National Security got no problem with that. That is fine with
CHAMBER 116 SENATE Wednesday, 17 November 2004 the Greens, who are prepared to be sensible ter for the Environment and Heritage may and helpful, even though the government is like to address in his response to Senator not prepared to be the same in return. But it Brown’s questions is that there are 14 bills in will not expedite things if the minister in this list that are being proposed for exemp- charge, instead of making sure that every- tion from the cut-off—some of them new, body is acquainted with what he is doing, some of them old. There has been an indica- simply gives a tirade in the Senate. That is tion, again in the media, that there is going to not going to help things at all, so somebody be another stack of bills introduced, pre- in the government might have a yarn with sumably tomorrow, and the minister has al- him in the next little while. Or maybe his ready given an indication that he is seeking replacement will be a little more consultative exemption from the cut-off for another series and therefore settled about the matter. of bills. That takes us to an unknown number When it comes to the list of legislation of bills, because I do not know how many that we now have before us, we are happy to more bills will be introduced. But if we are go along with most of those pieces of legisla- looking at another 14—if we are looking at tion. But that said, not all of it has been dealt in the order of 30 bills being introduced—is with satisfactorily in terms of the govern- it the government’s expectation that the Sen- ment explaining what changes have been ate will deal with 30 bills in the next two made in the interim. I understand, for exam- weeks of sitting? In the next eight days of ple, that when it comes to the National Secu- sitting, is there an expectation that opposition rity Information (Criminal Proceedings) Bill senators and senators representing other par- 2004 and the consequential provisions bill ties, particularly where there are few of us, there have been some changes made since are expected to get our heads around 30 they were first before the chamber. A reason- pieces of legislation, and debate and deal able way of proceeding is for the government with all of those issues? to explain those changes. I do not want to Can we get some indication from the gov- have to read about them in the newspaper ernment about their intentions, the number of and wonder exactly what they are. What is pieces of legislation and days intended for us the nature of those changes? How big are to sit. That is a far more reasonable way for they? There has been an implication that they us to be able to engage in consultation about are actually an improvement, as the Greens how we are going to cope with this work- would have it, on the previous legislation, load. Quite frankly, if we have 30 bills to and it would hasten things if the government deal with in the next eight days, there is no were to reassure the Greens about that. It way we are going to be able to get our heads would be sensible, where a bill has been around the detail of those 30 pieces of legis- changed and then the cut-off has been lation—which we have not seen yet—and be sought, for the minister to explain to sena- expected to debate them, vote on them, dis- tors—all of them—what those changes are cuss amendments, go through committee and why they might feel reassured in allow- stages and put forward proposals. If the min- ing the cut-off to proceed. That is good pro- ister could give us some indication of the cedure, and that is all the Greens are asking government’s intentions for the next two for. We expect a more mature and considered weeks, that would be a much more reason- response from the minister. able way to conduct these discussions. Senator NETTLE (New South Wales) Debate interrupted. (4.04 p.m.)—The other issue that the Minis-
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DISTINGUISHED VISITORS At least I think we can agree that these are The ACTING DEPUTY PRESIDENT unusual times in that we have, in effect, only (Senator Lightfoot)—Order! It is my hon- two weeks and one day of sittings remaining, our to acknowledge the presence in the and it would be helpful for everyone in the chamber of the former distinguished senator chamber to be provided—at some point and President of the Senate, Sir Harold when the government can provide it to us; I Young, and Lady Young, who are this after- am not asking for it now—with the legisla- noon in the President’s gallery. I welcome tive program that the government expects to them on behalf of the Senate. be able to get through in the time available. Honourable senators—Hear, hear! As I indicated earlier today, the purpose of the cut-off motion is to avoid this unseemly BUSINESS end-of-year rush when we all try to work Consideration of Legislation additional hours. People get tired and cranky Debate resumed. and cannot then reflect upon bills in the ap- Senator LUDWIG (Queensland) (4.07 propriate way. If we can structure a situation p.m.)—There are a couple of issues in rela- to ensure that that does not happen, it would tion to this matter but at this point we are certainly be helpful to me and to my col- only dealing with exemption from the cut- leagues. In essence, we might not be able to off. I do not particularly want to refer to the avoid some of the matters coming before us record on these issues but there is, as Senator because we may be required to deal with Nettle clearly pointed out, a limited amount them because of their urgent nature or be- of time available. I think that is clear to eve- cause of certain start-up dates, but in those rybody. We would expect the government to instances the government will have to make be able, in a very short space of time, to pro- the case and persuade us that the legislation vide a definitive priority list of the bills they is urgent and needs to be dealt with. Of want to deal with so that we can start looking course, the government may not want to deal at the substance of the issue. with some of those bills between now and the end of the sittings for this year. I have not With respect to the bills that have not yet heard from the government about which bills been introduced, an exemption from the cut- they require to be dealt with. Some bills may off is not being sought today and I cannot be sent to a committee and, as a conse- comment on them. Nor can I try to second- quence, may not be available to be dealt guess how many bills the government may with. So it would be helpful if the govern- seek to exempt from the cut-off, how many ment took on board my comments and those may be controversial and how many may not of Senator Nettle to ensure that, at least in be controversial. Those are matters we will this period before 1 July, we have an open have to determine on their merits when they and accountable government that is willing are presented to us and we will then deal to share information. with those matters in the way I have spoken about earlier. We will deal with them having Senator IAN CAMPBELL (Western regard to the principle of whether the gov- Australia—Minister for the Environment and ernment does require the bills—whether they Heritage) (4.10 p.m.)—Senator Ludwig are urgent and whether the government can knows—and I made this clear in the chamber demonstrate that to us. There is merit in the this morning during a debate on the Senate government’s being able to provide that list. sittings—that we will be presenting a list. The situation is—as Senator Ludwig clearly
CHAMBER 118 SENATE Wednesday, 17 November 2004 respects, as indicated by his very sound re- Senator PATTERSON (Victoria— marks—unusual in that the government has Minister for Family and Community Ser- just been returned. The government has vices and Minister Assisting the Prime Min- sworn in the ministers just a few days ago. ister for the Status of Women) (4.13 p.m.)—I Those ministers bring forward, through the move: cabinet processes, the bills they would like to That these bills may proceed without formali- see passed before 1 January and we make ties, may be taken together and be now read a our own assessments. I promised this morn- first time. ing to provide a list in exactly the terms that Question agreed to. Senator Ludwig alluded to. It will allow all Bills read a first time. senators and all people in Australia to know what bills we expect to have passed by Second Reading Christmas. Senator PATTERSON (Victoria— In my address to the Senate at around 9.45 Minister for Family and Community Ser- this morning I alluded to something in the vices and Minister Assisting the Prime Min- order of 20 or 25 packages of legislation ister for the Status of Women) (4.13 pm)—I which we will be seeking to have passed. I move: alluded to that exact process: there will be a That these bills be now read a second time. list and this is how many bills will be on it. I seek leave to have the second reading We will be seeking passage of those bills and speeches incorporated in Hansard. we will be working with the Senate to do Leave granted. that. I indicated that a sensible way to do that—and this is only advice to the leaders, The speeches read as follows— the whips and the incoming manager— CUSTOMS AMENDMENT (THAILAND- would be to try to allocate times to all of AUSTRALIA FREE TRADE AGREEMENT those bills and spread the load out over the IMPLEMENTATION) BILL 2004 next fortnight rather than seeing it all bank I am pleased to introduce the implementing legis- up on the last day or two as normally hap- lation for the Australia-Thailand Free Trade pens. Those were the very comments I made Agreement (TAFTA). TAFTA was negotiated during eight negotiating sessions conducted in only a few hours ago. Australia and Thailand from August 2002 to Oc- Question agreed to. tober 2003. The Agreement was signed by Mr CUSTOMS AMENDMENT (THAILAND- Vaile and his Thai counterpart, Commerce Minis- AUSTRALIA FREE TRADE ter Watana, in Canberra on 5 July, during the his- toric visit to Australia by Prime Minister Thaksin AGREEMENT IMPLEMENTATION) and nine of his cabinet Ministers. That visit un- BILL 2004 derlined the high priority the Thai Government CUSTOMS TARIFF AMENDMENT attaches to the Agreement and the bilateral rela- (THAILAND-AUSTRALIA FREE tionship more broadly. TRADE AGREEMENT TAFTA is an outstanding result. It demonstrates IMPLEMENTATION) BILL 2004 the Government’s commitment to opening up new First Reading opportunities for Australian exporters and inves- tors in East Asia and it will link Australia to the Bills received from the House of Repre- second largest and the fastest growing economy sentatives. in South East Asia. Thailand’s economic perform- ance over the past few years has been strong and Prime Minister Thaksin’s Government is promot-
CHAMBER Wednesday, 17 November 2004 SENATE 119 ing policies aimed at building a more open and per cent tariff on other passenger motor vehi- deregulated economy. cles to 30 per cent, phasing to zero in 2010. TAFTA will be Thailand’s first comprehensive • Tariffs on all automotive parts, components free trade agreement with a developed economy. and accessories, currently up to 42 per cent, It will be the fourth free trade agreement Australia will be reduced immediately to a ceiling of 20 has negotiated and the second with an ASEAN per cent and then phased to zero in 2010. member. It is also the first FTA between a devel- • Thai tariffs on machinery and equipment, cur- oped and developing country in South East Asia rently up to 30 per cent, will either be elimi- and sets the benchmark for future trade liberalisa- nated immediately or phased to zero by 2010. tion in the region. • Thailand will eliminate immediately the cur- TAFTA is a major market opening agreement. It rent tariffs on wheat (equivalent of 12-20 per will lead to the complete elimination of Thai- cent), barley, rye and oats (up to 25 per cent), land’s significant trade barriers across all sectors and the tariff and tariff rate quota on rice. (for some tariffs up to 200 per cent) and substan- • tially improve the environment for services trade On beef, Thailand will immediately reduce the and investment. It will also improve the regula- tariff to 40 per cent, down from 51 per cent, tory environment in Thailand and promote in- and for beef offal to 30 per cent, down from 33 creased business mobility. per cent. These rates will be phased to zero in 2020. On entry into force, more than half of Thailand’s • 5,000 tariffs—accounting for nearly 80 per cent On dairy, Thailand will immediately eliminate of Australian exports—will be eliminated. Over the current tariffs on infant formula, lactose, $700 million of current Australian exports to casein and milk albumin and phase the tariffs Thailand will benefit immediately from tariff on butter fat, milkfood, yoghurt, dairy spreads cuts. In the first year alone, we estimate that Aus- and ice cream to zero in 2010. tralian exporters could save over $100 million in • Thailand will provide immediate additional Thai customs duties. quota for Australian skim milk powder, liquid Tariffs not immediately eliminated will be phased milk and cream. And tariffs for butter and down and 95 per cent of all current trade between cheese will be phased down to zero in 2020. Australia and Thailand will be completely free by In the long term, the gains from TAFTA promise 2010. Longer phase-out periods and special quota to yield even larger benefits to the Australian arrangements will apply to a small number of economy and to Australian businesses. The Cen- agricultural goods. Importantly, the tariff prefer- tre for International Economics has estimated that ences contained in the Agreement are available TAFTA will boost the Australian economy by only to Australian exporters and therefore give over US$2.4 billion over the first twenty years of them an enormous advantage over their competi- its operation. tors in the increasingly sophisticated Thai market. TAFTA has other important benefits for Australia. Many Australian companies formerly locked out To date, Thai tariffs are structured around a series of that market by high tariffs and quotas will en- of high tariff peaks, which has forced Australia to joy new opportunities, particularly in areas such export at the low value added end of the produc- as agriculture, processed foods and beverages and tion chain. The removal of these tariff peaks un- in automotive products. der TAFTA will open new opportunities for Aus- I would like to take this opportunity to highlight tralia to export more simply and elaborately trans- some of the key market access outcomes deliv- formed manufactures. ered by TAFTA: Apart from the direct economic benefits, imple- • On industrial tariffs, Thailand will eliminate mentation of TAFTA will also enhance Australia’s immediately its 80 per cent tariff on large pas- broader trade, economic and security interests in senger motor vehicles and will reduce its 80 the region. A substantive and comprehensive FTA between the two countries will signal strong sup-
CHAMBER 120 SENATE Wednesday, 17 November 2004 port for multilateral, regional and bilateral liber- In the area of sanitary and phytosanitary measures alisation initiatives and will encourage strength (SPS), TAFTA reiterates both countries’ WTO and stability in the region. commitments and creates a new officials-level As Australia already grants tariff-free access to committee to regularise consultations. Impor- many Thai products, Australia’s tariff commit- tantly, there is nothing in the text of the agree- ments in the Agreement are more modest than ment that will compromise the integrity and sci- Thailand’s. Nevertheless, Australia will grant ence-based nature of Australia’s SPS regime. improved access for Thai imports of automotive TAFTA also includes steps aimed at promoting products, textiles, clothing and footwear, steel and cooperation, transparency and international best plastics and chemicals, subject to tariff phasing practice in a wide range of areas such as quaran- arrangements. These phasing arrangements were tine procedures, intellectual property rights, com- developed following extensive consultations with petition policy, e-commerce, government pro- Australian industry groups. curement and industrial standards. Let me emphasise that TAFTA contains signifi- I would like to draw Honourable Senator’s atten- cant protections for sensitive Australian indus- tion to the monitoring and review mechanisms tries. There are two categories of safeguard action that have been built into the Agreement. These are available: transitional safeguards, which are intended to provide opportunities to revisit and available to all goods for the tariff phase down review various parts of the Agreement as circum- period, subject to injury being demonstrated as a stances change. We have exchanged a side letter result of a surge in imports; and so-called special with Thailand, which binds both parties to com- safeguards, which are volume-triggered and will mence negotiations on financial services, tele- apply to certain Australian agriculture and fisher- communications services and a range of business ies products from the date of entry into force of mobility issues within three years of TAFTA’s the Agreement until 31 December 2008. Where entry into force. The review mechanisms reflect imports from Thailand of a sensitive product ex- the intention of both countries that the agreement ceed a specified volume, customs duty at the pre- should not be static and that modifications should vailing general rate may apply for the remainder be considered where they would be consistent of the calendar year to imports from Thailand of with the aim of the Agreement to boost trade and that product. The Department of Agriculture, investment linkages. Fisheries and Forestry will advise the Australian TAFTA Implementing Legislation Customs Service when special safeguard action In order to implement TAFTA, two pieces of leg- needs to be taken. islation require amendment—the Customs Act A further protection for Australian industry are 1901 and the Customs Tariff Act 1995. Prompt the product-specific rules of origin, using a simi- passage of these amendments will allow us to lar model to that used for the AUSFTA. TAFTA meet the target date of 1 January 2005 we have contains enforcement and compliance provisions agreed with Thailand for entry into force. The to address concerns in relation to possible tran- Agreement provides that entry into force will shipment of goods. occur 30 days after the parties have advised each TAFTA will also bring significant improvements other that they have completed their domestic in access for Australian services exporters and procedures necessary for implementation. investors in the Thai market. Thailand will relax a The Customs Amendment (Thailand-Australia number of its restrictive conditions relating to Free Trade Agreement Implementation) Bill 2004 visas and work permits for Australian business contains amendments to the Customs Act 1901. people and will guarantee non-discriminatory These amendments will give effect to Australia’s treatment of Australian investments in Thailand. obligations under Chapters four of TAFTA. The Thailand’s minority foreign equity limits have Bill incorporates the rules for determining also been lifted for Australia in a number of sec- whether goods originate in Thailand, and are tors, notably in mining, distribution, consultancy, therefore eligible for preferential duty rates. maritime and hospitality services.
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A product will be considered to originate in Thai- ————— land and will, therefore, be entitled to a preferen- CUSTOMS TARIFF AMENDMENT tial rate of customs duty if it is wholly obtained (THAILAND-AUSTRALIA FREE TRADE within Thailand or if it meets the product specific AGREEMENT IMPLEMENTATION) BILL rule of origin listed in Annex 4.1 of the Agree- 2004 ment. I am pleased to introduce the second piece of For most products, the product-specific rule re- TAFTA legislation. The Customs Tariff Amend- quires a change in tariff classification. In other ment (Thailand-Australia Free Trade Agreement words, origin will be conferred on a product Implementation) Bill 2004 contains amendments where the tariff classification of each non- to the Customs Tariff Act 1995 to implement part originating material (in this case, a material that of TAFTA by: originates outside Thailand or Australia) used in • providing duty-free access for certain goods the manufacture of the product is different from the tariff classification of the product. The rules and preferential rates of customs duty for other goods that are Thailand originating goods; are a means of demonstrating that there has been substantial transformation of the non-originating • phasing the preferential rates of customs duty material inputs. for certain goods to zero by 2015; For some products, the rules of origin require a • creating a new Schedule 6 to the Tariff to ac- change in tariff classification combined with a commodate those phasing rates of duty; and regional value content. • allowing the imposition of special safeguard The Bill includes special consignment provisions, action on sensitive products including canned so that goods which undergo any process or op- tuna, processed pineapple and pineapple juice eration in another country after leaving Thailand for the period from entry into force of the and before arriving in Australia, will not be con- Agreement until 31 December 2008. sidered to have originated in Thailand. This Bill will complement the amendments con- The Bill includes special certification provisions. tained in the Customs Amendment (Thailand- Under these provisions, an importer will be enti- Australia Free Trade Agreement Implementation) tled to claim a preferential rate of customs duty Bill 2004. for a product only if a certificate of origin has Mr President, I commend this Bill to the Senate. been issued for that product before it is imported Debate (on motion by Senator George into Australia. Campbell) adjourned. Finally, the Bill will require Australian exporters who claim preferential tariff treatment in Thai- GOVERNOR-GENERAL’S SPEECH land to keep certain records. The same obligation Address-in-Reply will apply to the Australian producers of these Debate resumed. goods. This Bill will be complemented by the Customs (Quorum formed) Tariff Amendment (Thailand-Australia Free Trade Senator GREIG (Western Australia) Agreement Implementation) Bill 2004. (4.16 p.m.)—Before the debate on the ad- This legislation presents the Parliament with an dress-in-reply to the Governor-General’s opportunity to endorse an ambitious free trade speech was adjourned a little earlier today I agreement with a major regional partner, to was making the case that, significantly, the strengthen Australia’s important economic link- Howard government’s assault on human ages with South East Asia, to set a benchmark for rights, as we Democrats see it, extends well regional trade liberalisation, and to promote Aus- before 11 September 2001 and continues on tralian exports and jobs. a range of fronts unrelated to terrorism. A Mr President, I commend this Bill to the Senate.
CHAMBER 122 SENATE Wednesday, 17 November 2004 report by the Australia Institute last year Gareth Evans. In 2001 we Democrats intro- found: duced our Parliamentary Charter of Rights Australia’s commitment to the observance of and Freedoms Bill. Unfortunately the bill universal human rights standards, and its co- was not passed due to the complacency of operation with the international institutions estab- the major parties. Meanwhile, the ongoing lished to monitor them, has been one regrettable absence of a bill of rights in Australia leaves casualty— the rights of Australians exposed. The cur- of the Howard government’s approach to rent situation is that, provided the parliament foreign policy. But perhaps the most blatant makes its intention clear, it can pass legisla- assault on human rights was the govern- tion which violates almost any human right, ment’s proposed Australian Human Rights with the exception of a few rights which are Commission Legislation Bill, which sought implied in our Constitution. The recent deci- to emasculate the Human Rights and Equal sions of the High Court in the al-Kateb and Opportunity Commission by undermining its al Khafaji cases are classic examples of how independence, minimising its expertise and the courts will interpret a clear legislative removing its power to recommend the pay- intention on the part of the parliament. In ment of compensation. I am pleased to see those cases the court held that the unsuccess- that this bill is not listed—as yet—amongst ful asylum seekers who could not be re- the upcoming bills, and I do hope that the moved to another country despite their wish government has had the sense to abandon to leave Australia could lawfully be detained that misguided and inherently regressive for an indefinite period of time. proposal. In considering the introduction of an Aus- The Howard government’s persistent at- tralian bill of rights, we now have the advan- tack on human rights and the institutions that tage of a precedent within our own country, protect them has occurred in a context in in the form of the recently enacted ACT Bill which Australia is the only common law of Rights. The introduction of this bill has country without a bill of rights. An Austra- generated a good deal of interest among hu- lian bill of rights is desperately needed to man rights groups and the community at provide protections for core human rights large. It has also served to combat much of recognised in international treaties to which the scaremongering and fear campaigns in Australia is a signatory. These include equal- relation to a bill of rights and to increase ity before the law, as well as freedom of pressure on the government to start working speech, religion and peaceful assembly, re- towards a federal—that is, national—bill of gardless of gender, race, age, religion, sexu- rights. In a climate where the government is ality, disability or pregnancy. We Democrats constantly encroaching on long-established have long advocated for the introduction of a rights under the guise of national security, bill of rights. Although we would ideally like we argue that it is vital that Australia has a the protection of human rights to be en- bill of rights to provide basic protections for shrined in the Australian Constitution, we all Australians. recognise that as a first step it ought to be I take this opportunity to assure all of enacted through a statutory bill of rights. those who are concerned about these issues Around 30 years ago the then Attorney- that we Democrats are committed to main- General, Lionel Murphy, attempted to intro- taining our role, as we see it, as a protector duce a bill of rights, followed by a further of fundamental rights and freedoms through attempt in 1985 by then Attorney-General the Senate processes by scrutinising pro-
CHAMBER Wednesday, 17 November 2004 SENATE 123 posed legislation, making amendments date it will often claim over the coming where appropriate to address the worst as- months will likewise be light and vague. La- pects of that which may come forward and bor campaigned on a positive agenda, and voting against what we find are unjustifiable we were met with a negative one. While grabs at power. We will continue to take the there are many hard lessons from this loss threat of terrorism seriously and will en- for us, it is clear that the government’s cam- deavour to think of new, smart, specific paign on interest rates was highly effective. I strategies to combat this threat. We Democ- do not wish to spend much time this after- rats do not accept that enacting more and noon describing the various furphies that more antiterrorism legislation will necessar- comprise the interest rates campaign by ily make Australians safer. After all, the gov- those opposite. I will simply refer the Senate ernment’s original package of antiterrorism to the commonly held view by prominent legislation was already in force when the and respected economists that a Labor gov- Bali bombings occurred. That legislation ernment would not have had any more nega- failed to prevent a significant tragedy, yet, as tive effect on interest rates than a coalition the Senate inquiry into the bombings found, government. there were significant shortcomings in Aus- A number of seats changed hands at the tralia’s intelligence-gathering and travel ad- election. Some of these results were particu- visory system which should have been ad- larly disappointing for us. I acknowledge all dressed. In the interests of the safety and the Labor members who lost their seats, sev- security of all Australians and the protection eral of whom I counted amongst my closest of our rights and liberties, it is vital that this friends in the parliament. However, I was chamber continue to vigorously debate pro- delighted to see the election of Mr Georga- posed national security legislation in order to nas as the member for Hindmarsh after two ensure that it is specific, targeted and, above previous attempts. I pay tribute to him, his all, effective. We Democrats will continue to family and the team who supported his cam- play our role as active participants in that paign. I also congratulate the other South ongoing debate. Australian Labor members newly elected: Senator WONG (South Australia) (4.21 Anne McEwen; Kate Ellis, the member for p.m.)—I begin my contribution to the debate Adelaide; and Annette Hurley. I extend my on the address-in-reply to the Governor- commiserations to my South Australian col- General’s speech with some observations leagues who lost their seats: David Cox, the about the election. Obviously, the Howard former member for Kingston, and Martyn government has been returned and the Aus- Evans, the former member for Bonython. tralian people have entrusted it with the task The parliament will be poorer for their ab- of building our nation. We in the Labor Party sence. will continue to perform our role as opposi- Since the election I have been appointed tion conscientiously and responsibly. We will Labor shadow minister for employment and continue to hold the government to account work force participation, corporate govern- for its election promises, core or non-core, ance and responsibility. This is an enormous and we will examine the government’s pro- honour and responsibility for which I am posals on their merits. However, it is clear grateful. Of course, these are early days and that the fourth term agenda of the Howard we will spend considerable time developing government as presented at the election is and refining Labor’s policies in these areas somewhat light and vague, and so the man- and we will be consulting widely. But I am
CHAMBER 124 SENATE Wednesday, 17 November 2004 helped in the excellent work done by the Labor and the government agree on the shadow ministers who went before me in need to increase Australia’s participation these portfolios, the members for Jagajaga rate. However, Labor’s approach has been to and Grayndler, and Senator Conroy. Today I recognise that the right mix of policies is will outline some of our key priorities and required and that obligation must be matched principles in the areas for which I have re- by incentive and by meaningful support. Mu- sponsibility. tual obligation is the touchstone of Labor’s The first is employment and work force approach to increasing work force participa- participation. It is true that recent employ- tion. It was, after all, Labor who first intro- ment figures have been positive overall. duced mutual obligation in the 1990s. It is However, there remain key areas of concern. our view that government should be doing We still need to increase the participation everything possible to help unemployed peo- rate and address youth unemployment and ple who are reasonably able to work to find mature age unemployment. The government work. That is obviously a situation where has engaged in much rhetoric since the elec- everyone wins. It is good for the individuals tion regarding the need to increase Austra- concerned, it is good for the community and lia’s labour market participation rate. This it is good for the economy. supposed priority was amongst those out- Education, training and investment are lined by His Excellency the Governor- fundamental to mutual obligation and to giv- General yesterday. The fact is that the gov- ing people real work opportunities. Mutual ernment has done a lot of talking about this obligation should not just be about cost shift- supposed priority but action has not matched ing, cost cutting and grandstanding. We ex- the rhetoric. pect people to contribute to our community. It is a bit like their approach to the Prime If you are able to work you should be work- Minister’s barbecue stopper of work and ing, looking for work or putting yourself into family—endless talking and little or no ac- a position where you are better qualified to tion. An obvious example in this area are the work. In exchange, we should remove barri- widely acknowledged disincentives to move ers to participation, foster an environment from welfare to work arising from the inter- where people who are looking for work have action between Australia’s taxation and in- adequate financial support and enable access come support systems. The high effective to high-quality training and skill develop- marginal tax rates faced by Australians seek- ment programs. Financial incentives are also ing to make the transition from welfare to important. The penalties of the high effective work constitute substantial disincentives. If marginal tax rates I described earlier must be the government were serious about address- addressed if we are to encourage Australians ing participation levels they would bring for- to move from welfare to work. The govern- ward policies that reduce these disincentives. ment’s failure to do this demonstrates a lack In fact, the only party that has proposed real of strategy and commitment to moving peo- reform to deal with these issues is the Labor ple into the work force. Party. Our tax and family policy tackled the I also highlight to the Senate that the financial disincentives that exist for Austra- ANZ, amongst other economic commenta- lians seeking to move off welfare and into tors, has repeatedly warned about the impact work, initiatives that are yet to be taken by of skill shortages in its monthly job adver- this government. tisement survey. Indeed, in the ANZ August
CHAMBER Wednesday, 17 November 2004 SENATE 125 job advertisement report the ANZ chief employment, becoming dependent on in- economist, Karen Pringle, said: come support or drifting out of the labour ... anecdotal and surveyed reports of skilled la- force entirely. A third of Australians aged bour shortages in some industries suggest that between 50 and 64 are on income support supply constraints may impede further improve- and nearly one in two Australians aged be- ment in the unemployment rate. tween 55 and 64 are not in the labour force. A shortage of skilled labour is a major im- Many Australians are finding that if they lose pediment to jobs growth. Those who are un- a job later in life they never regain employ- employed, whether young or mature age, are ment despite seeking it. With an ageing often those lacking the recognised skills re- population and growing skills shortages in quired to fill vacancies. Much of the gov- key industries, we cannot afford to waste the ernment’s response again misses the mark. skills and experience of mature age Austra- First, they want to make it easier to sack lians who want to continue in employment. people. Second, they have indicated they Labor’s plan to support mature age work- want to tighten access to the disability sup- ers was very well received. It provided in- port pension and other income support centives for employers to retrain and reskill measures but we are yet to see the details. mature age employees and career centres to Naturally, we will wait to see the detail of help get mature age Australians back to any legislation before we form our view on work, and it sought to establish Job Network it. However, we remind Australians of the providers that specialised in assisting mature various commitments the government made age jobseekers. Perhaps most notably, it pro- on this issue during the election: to provide vided a $2,000 learning bonus to mature age quality employment services and extra assis- jobseekers who took up an apprenticeship or tance for jobseekers with a disability and to traineeship in an area of skills shortage. This encourage employers. We will be keen to type of approach is supported by the Austra- observe whether their package of reforms on lian Chamber of Commerce and Industry, the DSP, which have been so heralded by who have said: them, deliver on these commitments. There is additional urgency in developing this Labor also presented the widely praised approach given the impact of new and emerging youth guarantee, which offered young Aus- technologies on all workplaces, the lack of post- tralians the choice to learn or earn. With compulsory qualifications held by mature aged youth unemployment stuck at around 20 per Australians, and the need for some mature aged cent for several years and much higher in people to upgrade their skills as they move em- ployment. some regions, such as in the northern sub- urbs of Adelaide, Labor’s plan was a real So where are the government? What are they link between school and work for young peo- doing to support mature age workers in stay- ple who do not find the current options ing in the work force or re-entering the work meaningful. This plan offered a combination force? They have their mature age worker of measures, including better access to tax offset, a tax break of, at most, around TAFE, apprenticeships and other training, $9.60 a week. But, given the broader failure and a jobs gateway for early school leavers. to tackle effective marginal tax rates and to improve training and retraining options for The other critical area for work force par- mature age workers, this must be taken as ticipation is mature age workers. Too many seriously as it was intended. mature age Australians are falling into un-
CHAMBER 126 SENATE Wednesday, 17 November 2004
Until now the government’s major solu- tions are required to meet certain standards tion for jobseekers has been the Job Net- of disclosure and ethical behaviour. work, which has consistently failed to ad- Earlier this year the Senate passed the dress the growing crisis in the very long term CLERP 9 Bill, which, thanks to Labor’s unemployed. A staggering 126,650 Austra- amendments, lifted standards of disclosure lians have been on Newstart Allowance for particularly in relation to director and senior more than five years, a 68 per cent increase executive remuneration. A critical compo- since 1999. The system currently encourages nent was the relationship between the remu- Job Network providers to fast-track easy to neration policy and the company’s perform- place jobseekers while jobseekers who re- ance, including the consequences of the quire more intensive assistance are often company’s performance on shareholders’ sidetracked. Labor is prepared to consider wealth in the current financial year and pre- measures that are genuinely designed to im- vious four financial years. It is worth noting prove work force participation rates. But that, while the government had to be dragged when the senators opposite continue not to to the table kicking and screaming all the act on so many crucial areas for reform it is way to accept these amendments, last week hard to take them at their word. the Treasurer was beating his chest as some I move now to corporate governance and kind of born-again shareholder activist. Sud- responsibility. We have undergone a period denly he proposes that executives whose of substantial reform in the arena of corpo- companies deliver losses should have to rate governance in this country in recent share in the losses too. But I think we can years. I pay tribute to the work of Senator safely assume that the Treasurer will not be Conroy and his staff, who have ensured that introducing legislation to give effect to his Labor has been at the forefront of this de- sentiment. The CLERP 9 reforms are a sig- bate. We have constructively contributed to nificant step forward in Australian corporate and improved the government’s corporate governance and we will closely watch the law reform program. Much of the impetus effect of their implementation. for these reforms derived from a number of Notwithstanding the need to see the im- dramatic corporate failures in Australia, pact of this recent legislation, there are a few which led to community concern about how key areas of reform that have been taking our major corporations are governed. I have hold in other parts of the world that we no doubt that the vast majority of Australia’s should consider. One of the areas where Aus- business people behave in ways that are ethi- tralia risks falling behind is proxy voting. In cal, appropriate and conscionable. Their pri- our view superannuation funds have an obli- ority is delivering good outcomes for their gation to exercise their voting rights, and shareholders. But in light of HIH, One.Tel fund managers should disclose their voting and Ansett it has been recognised that gov- records and policies. Labor views proxy vot- ernments have a responsibility to provide an ing as an intrinsic element of sound corpo- appropriate regulatory framework for high rate governance practices. It is one of the standards of corporate governance. Govern- ways to encourage engagement between in- ments are not in a position to prevent corpo- vestors and companies. And it is this rela- rate failure, but the losses are so vast when tionship—between investors and the compa- corporations do collapse—for creditors, nies in which they invest—which is integral shareholders, superannuants and workers— to good governance practices. Where share- that governments must ensure that corpora- holders do not take an active interest in the
CHAMBER Wednesday, 17 November 2004 SENATE 127 company a disconnect develops between the victory—a historic victory for the common- shareholders and the board. Once this dis- sense and enterprise of the people of Austra- connect manifests it becomes more possible lia. for directors to put their own interests above They were offered two puddings and sen- the interests of their shareholders. The exer- sibly chose the one that could actually be cise of ownership rights by all shareholders, eaten. They left the magic pudding alone and including institutional investors, should be sent away those who had confected it to re- facilitated by government and supported by flect in turn on their monumental misjudg- the regulatory framework. ment of the issues, the remedies they offered Another key area where Australia risks for imaginary ills and the mood of the Aus- falling behind is in corporate social respon- tralian people. In particularly spectacular sibility. Increasingly it is being recognised form, those opposite misjudged the mood of that companies have a responsibility that is the people of my state of Queensland. We broader than their obligations to sharehold- returned two additional Liberal members to ers; they have a wider obligation to the the House of Representatives in Ross Vasta community. This is an area in which Labor is and Andrew Laming—and I take this oppor- keen to work with the business community to tunity to congratulate them here today—and look at different ways in which government two additional coalition senators from next can more effectively encourage a social re- July in Nationals senator-elect Barnaby sponsibility agenda by Australia’s compa- Joyce and the man whose election as the nies. Many of our corporations already have third Liberal candidate on the ticket deliv- substantial community and social responsi- ered a Senate majority to the government, Dr bility programs. We are keen to work with Russell Trood. the corporate sector to advance these pro- There can be no arguing that the govern- grams in all our interests. Indeed, I look for- ment won a substantial mandate for further ward to work with business and other key workplace relations reforms, particularly stakeholders to advance a positive agenda for those reforms to small business arrangements corporate governance in our national interest that the Labor Party and the minor parties and for our future. have shamelessly blocked in this place 41 Senator SANTORO (Queensland) (4.36 times in the past eight years. If the Howard p.m.)—Let me say at the outset that it is government has a mandate for health re- good to be back and good to see you presid- forms—as Labor’s health spokeswoman, ing again, Mr Acting Deputy President. Yes- Julia Gillard, says is the case—then how terday, when the Governor-General ad- much more of a mandate does the govern- dressed the parliament and set out the gov- ment have for small business workplace re- ernment’s agenda, he reflected on the magni- forms that have now been to the people re- tude of the victory that the Howard govern- peatedly? If it wants to, the Labor Party can ment achieved at the ballot box on 9 October. hang in there—or rather, in here—until July. It was a great victory. As the Prime Minister It can continue fiddling like Nero while its famously observed, there are occasions on dreams—or, should I say, its delusions— which some quiet and reflective celebration burn around it. There is nothing to stop it is in order. I am sure that the Prime Minister doing so—nothing, that is, except a determi- has enjoyed his occasion for such sensible nation to ignore democratic reality—and celebration, as all of us on this side of the nothing to stop it delaying still further the chamber will have done. It was a historic
CHAMBER 128 SENATE Wednesday, 17 November 2004 return to reality that it so desperately needs opposed those changes in the past will reconsider to achieve. their position. It would be better if the Labor Party truly There is no denying that the economic news woke up to itself. If it has finally done the is good for Australia and Australians. People maths properly—and if having done so it has see good prospects for themselves and their made the essential connection between pri- families under the sound economic and so- vate sector union membership levels sunk cial management policies of the Howard well below 20 per cent and still sinking and government. However, we need to guard its party’s punishing last round with the Aus- against complacency—that is the sensible tralian voter—it should not wait until July to reminder behind the Prime Minister’s post- have yet another decision taken out of its election advice to reflect on the result with hands. It should vote for fairer unfair dis- quiet satisfaction rather than with a rush of missal rules for little local businesses right blood to the head. On this side of the cham- now. It should reflect on the fact that this is ber we are forever guarding against compla- 2004, not 1904. It should reflect on the fact cency. that the people have spoken—that on this In relation to complacency and the unem- issue the people have spoken repeatedly— ployment rate, however, it is worth remind- and it should act according to the democratic ing those opposite of what the Australian conscience it says it has and which it must Chamber of Commerce and Industry said on have if it is to regain the people’s trust. the subject on the day the October figures We can see the positive effects of the were released. It said: Howard government’s strong economic pol- These good results need to be consolidated and icy base and financial responsibility in the improved upon. There are still 545,900 unem- latest employment figures. In October we ployed people in Australia, and many more are recorded a 5.3 per cent trend in the unem- marginally attached to the labour market. We ployment rate nationally, the lowest in 27 need to ensure that reforms continue to ensure these people obtain opportunities to work. years. In Queensland unemployment fell to five per cent on a trend basis. Queensland is That is precisely what the Howard govern- the primary beneficiary of the Howard gov- ment has been trying to do in the small busi- ernment’s financial and taxation reforms. No ness area. And that is precisely what the La- wonder the Prime Minister, in his remarks in bor Party and the minor parties have stymied his media doorstop interview last Thursday, every time—the 41 times that those meas- felt justified in continuing to reflect quietly ures to protect small businesses from unaf- on his and his government’s triumph. He said fordable costs associated with unfair dis- this: missal claims have come before them in this chamber. These are fantastic figures. A great human divi- dend from good economic policy. The Howard government is a government No wonder he went on to say, at that same that promotes economic growth, industrial doorstop: freedom—that is, freedom for businesses to profit and freedom for employees to earn The figures could go even lower if we could get our unfair dismissal laws through Parliament. We more—and energetic enterprise. The fact is could have a four in front of the unemployment that Labor is suspicious of entrepreneurs. In figures if we could get those unfair dismissal the election campaign just past, it proposed changes through. So I hope that all who have economic policies that would have weakened Australia’s capacity to foster an enterprise
CHAMBER Wednesday, 17 November 2004 SENATE 129 culture. Labor has a nanny-state approach There is education, where reading compe- that seeks to expand the regulation of our tence in school students has put an urgent economy and society. It is the exact opposite focus on remedial efforts being so ably led of what the government has proposed—and by the Minister for Education, Science and of what Australians have endorsed—for the Training, Dr Nelson. Under my good friend future of our country. The Labor Party would the Minister for Vocational and Technical do every Australian a favour by making Education, Mr Hardgrave, who was returned sweeping changes to its economic policies. It with a substantial voting bonus in his Bris- would certainly do everyone in Queensland a bane electorate of Moreton on 9 October, this favour by taking this small step for mankind forward looking government is implement- and so giant a step for the ALP. ing vocational education reforms. Tenders Perhaps the seven Labor representatives have just been called for initial expressions from Queensland who featured in the page 2 of interest for 24 federally funded technical photo in the Courier-Mail yesterday—it colleges to be run independently of the state looked like a conga line, but I am sure it TAFE systems. There is action continuing to cannot have been—and who represent the redress the gender balance in teaching ranks, bulk of the opposition’s federal numbers in so little Australians get a genuine reflection the state, should seriously consider increas- in their classrooms of the essential—and ing the firepower of their advice to their wholly beneficial—differences between the leader and shadow cabinet in the area of female and the male of our species. There is workplace relations. The fact is that the re- to be direct-to-schools federal funding of elected Howard government—the fourth education infrastructure that will bypass state term Howard government which comes to education bureaucracy and the separate po- office with a renewed mandate and an active litical agendas of state governments. legislative program, as well as with some This is truly a time for looking forward. unfinished business, courtesy of those oppo- As the Governor-General said in his address site—has a clear mandate to implement to the parliament yesterday—an event deliv- changes in the workplace relations arena. ered with all the ceremony that such an occa- Of course, there is a lot more to governing sion demands and which is so much part of in the interests of the 20 million people who our heritage, history and evolved practice— make up Australia than just workplace rela- the government has an ambitious fourth-term tions, important though that is. There is agenda. It is based on the overriding com- health, particularly the improvements to mitment of the Howard government to ensur- Medicare that were promised during the ing that the Australian economy remains election campaign and which Labor, sensi- strong. Let us not forget that under this gov- bly, indicates should be implemented. Only ernment our economy has led the OECD last week we saw figures that indicated a world in growth rates and fiscal responsibil- nationwide lift of more than five per cent in ity through some otherwise very dangerous bulk-billing rates. Our 100 per cent policy and difficult times indeed. Let us not forget will lift that even further and help cement that productivity growth remains high and Medicare in its reformed condition as a that future prosperity spreads throughout the health care system that will guarantee Aus- community. tralians get the services they need when and On that front, I want to say a few words where they need them. about an issue that I believe is pressing. It is not so much about productivity on the water-
CHAMBER 130 SENATE Wednesday, 17 November 2004 front being held back by inadequate infra- per cent unemployment rate. He had prom- structure or even about the unique constitu- ised a five per cent unemployment rate when tional arrangements under which we govern he was opposition leader in Queensland in ourselves as a federation; it is a much more 1997. The fact that Queensland produced practical thing. Federalism works best when 93,000 jobs in the 12 months to October it is clear which level of government is re- 2004 is absolutely wonderful, and I go on the sponsible for what service is being delivered. record as stating that. But to crow about how Federalism works best when there is a clear this was 44 per cent of all new jobs in Aus- division of responsibility. It is counterpro- tralia and 55 per cent of full-time jobs and to ductive and, frankly, tiresome to hear—as we portray this as a political plus for the state do these days ad nauseam—that this gov- and thereby automatically a negative for oth- ernment is busy doing things that state or ers is to descend, I would suggest, into crass territory governments or another level of politics. government are also doing. Of course it is Without the strong and burgeoning na- always hard to divvy up responsibilities be- tional economy that the national govern- tween political jurisdictions. It can be a ment—the Australian government, the How- complex matter constitutionally too, given ard government—has fostered through sound the significant and, I believe, beneficial sov- policy development and implementation over ereignty that individual states have within the eight-plus years it has been in office, our system of government. Premier Beattie would have nothing to crow There is no doubt that, even though we are or to shout about. Without the massive in- a nation of only 20 million, our geographic crease in Commonwealth funding flows to extent and climatic and environmental diver- Queensland created by the politically risk- sity demand a strong system of decentralised free GST—introduced by the Howard gov- government. This parliament legislates for all ernment and opposed by every Labor gov- Australians, the states legislate for their areas ernment in Australia at the time, particularly and local governments administer communi- the Beattie Labor government—he would ties, but I suggest that we must, and in fact similarly have had no way, short of even can, do all of this a lot better. We must reach more ruinous raids on government owned a national compact on how Australians, enterprise reinvestment capital, to hand out wherever they live within our borders, are hefty pay rises to his public service and put delivered the best and most cost-effective on more public employees. services from their governments. To my It is small business that drives the Queen- mind, that is a great national project that has sland economy, and I can tell Premier Beattie for too long been hidden away in the too- that small business does not run on hot air. hard basket. It has become an area of na- The Howard government has given the states tional debate that the colourless self-interest the first genuine growth tax they have had of parochialism has all but strangled. We see since they ceded income-taxing powers to it in such sterile politicking as, in the in- the Commonwealth in 1942. All the states stance of my state, governments claiming have benefited mightily—Queensland best of credit for results that principally flow from all for all sorts of reasons—and will benefit national policy decisions and particularly even more mightily in the future. That was from national economic management. one measure of tax reform we desperately Last week the Premier of Queensland needed. I suggest that we need to debate fur- made great play of his achievement of a five ther measures of tax reform. This is an area
CHAMBER Wednesday, 17 November 2004 SENATE 131 of reform that I propose to address when I how we meet the challenges of governance. have the honour of officially opening the We must work out how to make our Federa- World Taxpayers Association conference at tion work better and we must do it urgently. the Gold Coast on Friday. Equally, we need to meet the pressing chal- The business community is less concerned lenge of demographic change brought about with the detail of political arrangements than by falling natural birthrates and the ageing of with the practical side of tax arrangements— the post-World War II baby boomers. The tax and that is fair enough—but just yesterday in argument is pointedly relevant to discussion the Australian the Chief Executive of the about making federalism work in the area of Australian Chamber of Commerce and In- state taxation, the bulk of which is regres- dustry, Mr Peter Hendy, contributed an inter- sive, much of which is antibusiness and too esting article that said taxation reform is not much of which is cumbersome and confus- just desirable; it is necessary. Mr Hendy and ing. other business representatives want to see a I believe Australians want their communi- second wave of tax reform that builds on the ties to be run locally, in the interests of their Howard government’s 2000 reforms made an local community. Of course, this must accord urgent priority. with agreed national priorities and these The tax issue, along with other matters of must be tested regularly on the anvil of the vital importance to the business community ballot box. How we govern ourselves must in Australia, has been the focus too of a lot of also meet the unique requirements of our well-thought-out advocacy by the Business decentralised communities. It is perhaps said Council of Australia and the Australian In- too often but it really is the case that gov- dustry Group. The Ai Group, for example, ernment works best when those doing the has recently surveyed regional business and governing, of whatever aspect of affairs, are industry and found that, by and large, re- the closest possible to the people. gional firms outperform their big city broth- There is a huge role for local government ers. It found that, while regional firms fell in managing local amenity and performing slightly behind their metropolitan counter- basic level services. There is a large and, I parts on indicators such as financial strength believe, growing role for the state and terri- and skills and productivity, they outper- tory governments in delivering services that formed them on business leadership, invest- are beyond the capacity of local communities ment in skills and employee participation. to provide. Above that, there are clear na- That margin should be a significant factor in tional priorities that only the national level of future long-term planning. And speaking of government can provide. Among these I long-term planning, the Business Council of would number taxation arrangements and Australia has called on federal and state gov- national education standards. ernments and the private sector to consider a On defence and national security the range of measures to counteract what it calls Howard government has been exemplary excessive ‘short-termism’ in Australia. both in protecting the home front and in pro- As a nation, we do need to give more jecting Australia into the newly dangerous weight to long-term returns rather than to world as a force for good and a friend to be short-term gains. Certainly, such a wide de- counted on. It might go further with reforms bate encompassing many facets of govern- and in fact I think it should. We certainly ment and administration should help inform need, in the common market that we created
CHAMBER 132 SENATE Wednesday, 17 November 2004 between the new states at federation, nation- teristic with the opening of the preceding ally applicable business laws and regulations forty—that is, there was no acknowledgment governing workplaces, employment and of the traditional owners of the land on much more besides. which parliament meets. I began this speech on workplace relations On the night of 9 October, the Prime Min- and that is an appropriate topic on which to ister greeted the return of his government end because, far more than anything else, it with an expression of humility. I cannot help is workplace relations that determine how but compare the language the Prime Minister enterprises can prosper and profit, and their used on election night with that contained in employees with them. I do not say that un- yesterday’s speech outlining his legislative ions have had their day: far from it. But they program. Clearly the time for humility has certainly need to acquire some actual rele- passed. Hubris is the new order of the day. vance—outside the realm of the shibboleths Now the Prime Minister believes the re- with which they and the Labor Party appar- election of his government has placed this ently still wish to live—to the modern work- nation at ‘the threshold of a new era of na- place. It is crucial to have an effective sys- tional achievement’. It is no surprise, but tem of workplace representation. The ques- noteworthy nonetheless. tion is whether the monolithic union system Having attended the chamber for the Gov- of the past is capable of providing this, par- ernor-General’s speech yesterday and read ticularly when, in the private sector, trade the Hansard record today, I cannot help but unionists comprise only 17.7 per cent of the wonder whether the Prime Minister has been work force and most awards are effectively entirely forthcoming in outlining his legisla- safety net awards. tive plans. While we heard some restatement Our philosophy as Liberals is to empower of election commitments, the Governor- people—to provide them with the means to General was not asked to reveal the details of govern their own lives and to make their own Minister Abbott’s plan to amend arrange- choices. If that is the underlying promise of ments relating to public funding of family the fourth Howard Government, whose pro- planning nor asked to outline Minister gram was formally set out in this chamber Abetz’s plan to change the electoral law to yesterday by our head of state—and I believe bolster the coalition vote at the next election it is—then we are well on the way to becom- and weaken the role of the Senate as a house ing a freer, more prosperous, more secure of review. We heard nothing about the gov- and more capable Australia. And that is the ernment’s plans for the Senate after 1 July best news any Australian could hear. next year. We know the Senate is sitting very Senator O’BRIEN (Tasmania) (4.52 few days in the first half of 2005 and sitting p.m.)—I begin by saying that I thought that very many days in the second half. This this government made the law that made al- morning the Manager of Opposition Busi- most all awards safety net awards. Senator ness, Senator Ludwig, expressed concern Santoro might reflect on that in the context about this very matter on behalf of the Labor of his speech. Yesterday the Governor- Party. He recognised, of course, that come General outlined the government’s program 1 July next year the government will have for the 41st Parliament. I might express at the capacity to impose its will on this cham- the outset my disappointment that the open- ber. What we do not know is how the gov- ing of the 41st Parliament shared one charac- ernment proposes to change the standing orders to ensure this place does not encum-
CHAMBER Wednesday, 17 November 2004 SENATE 133 ber the implementation of the government’s Yesterday the government renewed its com- undisclosed legislative agenda. mitment to pursue the full privatisation of I think it is pretty clear that significant Telstra. It added, of course, the disclaimer elements of the government’s real agenda that the future sale of the company is contin- were not outlined to the parliament yesterday gent—and I quote: afternoon nor put before the Australian peo- ... on adequate— ple during the recent election campaign. In whatever that means— industrial relations, for example, we need to telecommunications service levels and appropri- look beyond the government’s previous an- ate— nouncements to discover what it means when whatever that means— it talks about achieving ‘greater workplace flexibility’—a pledge restated to the parlia- market conditions. ment yesterday. I think the HR Nicholls So- Tellingly, dropped from the disclaimer was ciety-backed plan reported in yesterday’s the phrase heard when the Telstra sale legis- Australian Financial Review is a more reli- lation was previously before the parlia- able guide to the Howard government’s in- ment—that is, that the sale is contingent on dustrial relations agenda than anything we adequate service levels in regional Australia. have heard from the Prime Minister or his It appears that adequate telecommunications workplace relations minister. service levels—defined any way the minister Des Moore, Chris Corrigan, Charles deems fit—are now enough. Copeman and John Stone, among others, The way in which the sale of Telstra is have proposed an inquiry directed to achiev- pursued will be one of the biggest tests for ing the diminution of workers rights to col- this government. The treatment of the coali- lectively bargain, a reduction in the role of tion’s reintroduced sale legislation will be the Australian Industrial Relations Commis- one of the most important tests for this par- sion and the establishment of individual con- liament. The Liberal Party’s position on Tel- tracts as the primary means for regulating stra’s sale is clear. Labor’s position is also employment. Minister Andrews has wasted clear. Less clear is the attitude of some minor no time signalling the government’s prepar- party and independent senators in this place edness to consider the proposals in the ab- and, might I say, murkier still is the position sence of any detailed examination. This of that once-great party, the National Party, morning he told ABC radio that he would on this critical issue. I represent Australia’s rule nothing out. The greatest impact of the smallest state and, unlike most National implementation of the HR Nicholls plan for a Party representatives who sit in this place, I dog-eat-dog system of industrial anarchy—a live and work in a regional city. One of the return to the arrangements experienced in great privileges I had in the last parliament Britain in the 19th century—would, of was the opportunity to travel around re- course, be felt in regional Australia. gional, rural and remote Australia. I can tell Today I want to address, in particular, the you that Australians who live outside the elements of the Governor-General’s speech capital cities do not want the provider of concerning the government’s plan for re- their basic telecommunications services gional services, local government and the flogged off to the highest bidder. They do not territories, consistent with my shadow port- want a near monopoly private provider dic- folio responsibilities in the new parliament. tating the price and quality of services that they enjoy. They do not want a company
CHAMBER 134 SENATE Wednesday, 17 November 2004 solely geared to shareholder profit determin- lia Post branches is not the equivalent of the ing when they can access services enjoyed suite of services available to Australians who by the residents of major cities as a matter of live in the capital cities. course. The Howard government has been content The National Party made a lot of promises to allow regional communities to suffer the to its constituents during the election cam- adverse economic and social effects of bank paign. I suggest that many of those promises closures. In the vacuum created by the gov- will not be kept by that party in this parlia- ernment’s action, local government, commu- ment, for reasons which include the fact that nity leaders and some banking organisations the Prime Minister considers promises to that retain some social responsibility—such regional Australians to be of the non-core as the Bendigo Bank—have acted. That variety. One promise the party will keep is its community led action is welcome, but it does promise not to support the sale of Telstra not serve to absolve the government of its until services in regional, rural and remote own responsibility. In yesterday’s speech by Australia are up to scratch. The fact that the the Governor-General just two paragraphs— promise did not make its way into the Gov- 59 words—were devoted to the govern- ernor-General’s speech on day one of the ment’s agenda for regional Australia. In rela- parliament is not a good start. Those of us tion to banking services, the government who have already seen National Party MPs restated its commitment to increase services and senators defy the will of their electorates through Australia Post outlets. I do not dis- and their party organisation and vote for the miss that initiative, but I question the sense sale of Telstra will not be holding our breath in having such a narrow and inadequate pol- for anything different to happen in this par- icy response. I regret that a narrow and in- liament and nor do those of us who know the adequate policy response is what rural Aus- National Party expect it to stand up to the tralians and regional Australians will come to Liberal Party when the Prime Minister pur- expect on issues that matter to them over the sues further deregulation of postal services. next three years. There were no guarantees given about the On Monday I had the pleasure of attend- retention of Australia Post in full public ing the launch of the Australian Industry ownership in yesterday’s speech, and I am Group’s Industry in the regions 2004 report. not surprised. No-one in regional Australia This key study has found that, while regional should be under any illusion that Australia businesses are competing well against their Post will not be the object of the govern- metropolitan counterparts and often outper- ment’s desire to put assets other than Telstra forming them in areas like leadership, the on the auction block over the next three skills shortage in regional Australia is affect- years. The Howard government has, of ing business performance. Noted in the re- course, done nothing about the decline in port is a key factor in the competitive suc- essential services in regional, rural and re- cesses of regional business—that is, Austra- mote Australia over the past 8½ years. In lia’s open economy. This is, of course, a di- regard to many government services it has rect legacy of the economic reforms imple- actually facilitated that decline. One issue mented by Labor governments in the 1980s that continues to trouble many Australians and 1990s. It is disappointing that the How- outside the major cities is the availability of ard government has failed to capitalise on over-the-counter banking services. Availabil- Labor’s reforms by ignoring many of its key ity of some banking services through Austra-
CHAMBER Wednesday, 17 November 2004 SENATE 135 responsibilities, including the skilling of ment’s plans for local government were Australia’s regional work force. missing from the Governor-General’s Three years ago the Australian Industry speech. Just days after the Prime Minister Group’s Industry in the regions 2001 report spoke at the National General Assembly of rang the warning bell on skills in the regions. Local Government in Australia, it appears It recommended the adoption of a policy this important sphere of local government framework, including building an improved has slipped from the government’s agenda. I skills base. That warning was ignored by the was also pleased to address the National government. The 2004 report again draws General Assembly of Local Government this attention to this critical issue, calling on the year. Senators will not be surprised to learn government to assist business to develop a that the debate at the assembly reflected the coordinated solution to the immediate issue diverse range of interests held by Australia’s of skills shortage. At Monday’s report launch local government representatives. Issues Ai Group chief executive Heather Ridout canvassed during debate at the assembly in- acknowledged that skills shortages in the cluded the population and ageing challenge, regions are putting pressure on labour costs the impact of the demise of the Aboriginal and limiting the development of regional and Torres Strait Islander Commission, jus- business. A working example is Dubbo. To- tice for victims of asbestos related diseases day’s Australian newspaper carries a story and, of course, the critical issue of infrastruc- about the difficulties Dubbo businesses are ture funding. experiencing in attracting skilled staff. It is Infrastructure was directly addressed in no coincidence that this electorate is repre- the State of the regions report 2004-2005, sented by a member of the National Party— commissioned by the Australian Local Gov- always prepared to put the white cars and ernment Association and released at this na- ministerial titles ahead of the interests of tional general assembly. That report finds their constituents. that the economic momentum enjoyed by After almost nine years in office, the Australia over the past eight years can be Howard government has failed regional attributed to consumer expenditure funded businesses by failing to address skills devel- by debt; that the time has arrived, or will opment in the regions. Regional business is shortly arrive, when households cannot ser- competitive, but it is competitive despite the vice more debt; and that a scaling back of Howard government’s policy malaise. Not household expenditure will lead to a decline only has it taken the Howard government 8½ in business expenditure and economic activ- years to recognise the skills crisis that it has ity and employment will, in turn, suffer. The created but its policy response has been nar- report also finds a growing income and em- row and inadequate. That so-called grand ployment gap between regions that has not plan announced during the election cam- been addressed by the Commonwealth gov- paign, the creation of Commonwealth tech- ernment. The State of the regions report nical schools divorced from the TAFE sys- 2004-2005 concludes that public infrastruc- tem and located in marginal seats, will not ture investment is the key to improving re- address the skills crisis in regional Australia. gional economic performance and narrowing the performance differential between re- On another matter, it will be a matter of gions. It challenges the federal government great disappointment to Australia’s 722 local to address this public infrastructure challenge government bodies that the Howard govern- by increasing public debt to invest in meas-
CHAMBER 136 SENATE Wednesday, 17 November 2004 ures to enhance economic growth. I listened for the people of northern Tasmania. I raise in vain to the Governor-General’s speech for this issue now in the hope that this factor will some response, just as I searched in vain for be built into any feasibility study proposal on some serious reflection on the report’s find- any such mill. While on the subject of bipar- ings in the remarks made by the Prime Min- tisanship and noting the absence of any ister and the Minister for Local Government, commitment in the Governor-General’s Territories and Roads, Mr Lloyd, to the na- speech, I do note Minister Lloyd’s commit- tional general assembly. But I do look for- ment to the National General Assembly of ward to exploring many of the issues ad- Local Government to work with the states on dressed in the State of the regions report and, an improved formula for the delivery of fi- with my colleagues, answering the chal- nancial assistance. Australia’s local govern- lenges it presents. ments continue to wait for the coalition to As a Tasmanian senator, I clearly have adopt Labor’s commitment to pursue consti- cause to reflect most closely on infrastruc- tutional recognition of this critical sphere of ture issues in my home state. To this end I Australian government. hope that the Tasmanian and federal gov- It is on the matter of governance that I ernments will give sufficient consideration to turn to the last of the three portfolio matters I providing infrastructure support to facilitate want to address in my contribution today— the proposed pulp mill project in northern governance of Australia’s territories. It is a Tasmania. This project has the capacity to matter that perhaps not surprisingly the Gov- deliver significant economic benefits to my ernor-General’s speech failed to address. home state. It is important that we get it Last night ABC television broadcast a pro- right. To this end I would urge the Howard gram on the Clunies-Ross ‘dynasty’. It fo- government to work with the Lennon Labor cused on the family’s decades long and con- government to pursue to the maximum ex- troversial rule of Cocos (Keeling) Islands. It tent possible the carriage of woodstock to the was a timely broadcast that I hope will serve proposed mill via rail. Such infrastructure to focus the attention of many Australians, development would, of course, substantially including the minister for territories, on the reduce log truck use of Tasmanian roads. On governance of Cocos and its counterpart some estimations, the carriage of woodstock Australian territory in the Indian Ocean, to the mill via rail would take up to three Christmas Island. Minister Lloyd has not million tonnes of wood off the road each been in the territories portfolio for long. He year. There would be obvious benefits to does follow a less than distinguished roster road users and the governments—local, state of coalition ministers in the portfolio and has and federal—charged with the responsibility much work to do, including addressing ser- of the upkeep of Tasmania’s road network. vice deficiencies in the Indian Ocean territo- Residents and tourists alike would welcome ries. Critically, he must also do what his relief from log truck traffic. Not least of the predecessors have failed to do: work with the benefits would be the development of infra- people of these territories to address their structure that would support the viability of legitimate demand for a seat at the table rail transport in Tasmania for years to come. when decisions about their future are made. I believe that on this issue the Howard Serious governance issues also arise in re- government should take the opportunity to spect of Norfolk Island, including the issues work in a bipartisan way to achieve a good raised in the 2003 report by the Joint Stand- economic, social and environmental outcome
CHAMBER Wednesday, 17 November 2004 SENATE 137 ing Committee on the National Capital and The government talks about supporting External Territories. early childhood development but refuses to Over the next three years the minister will engage in or fund preschools. As far as we be called on to defend the right of self- know, 50,000 children miss out entirely on government of the Northern Territory and the preschool—that most important preparatory ACT. I hope we will be denied a repeat of year for school. Instead of that, we can ex- some of the contemptuous behaviour dis- pect 18 charities around the country to come played by the Howard government in respect up with bright ideas and apply for grants to of the ACT government. It gives me great deliver services to needy children. But of pleasure to acknowledge the return of the course only a fraction of the children who Stanhope Labor government last month and need intervention will be lucky enough to be to recognise its position as the first majority in an area served by such a charity and per- government since the establishment of the haps lucky enough for the program they are ACT Legislative Assembly. It was not all in to be a good one. There is no proposal or good news for the coalition recently. commitment to evaluate these programs and make the successful ones universally avail- Senator ALLISON (Victoria) (5.14 able. p.m.)—The Democrats waited with bated breath for the Governor-General’s address There is nothing under the heading of yesterday to get some indication that the ‘Supporting families, carers and women’ government intends to move forward on the about supporting women in the decision that issue of renewable energy and climate they make about the number and the timing change, but we were, alas, again disap- of their children. The government wants pointed. The Governor-General mentioned choice and peace of mind in health care, but the potential for higher oil prices to threaten the minister apparently does not want our economy and for lower rainfall to be of women’s reproductive health to be in that concern, but there was not much by way of category. serious measures to address those problems. We heard about banking services in 266 That is because this government has no licensed post offices but not about the urgent agenda for replacing imported fossil fuels need to bring health and other skilled profes- with renewable fuels or even to promote sionals to the regions. Country people barely home-grown alternative fuels, such as LPG rated a mention despite having poorer health or natural gas. I think we can expect the and less access to GPs, specialists and allied massive reductions in excise on diesel to be health workers. Talking about shared respon- accompanied by no clear idea about how that sibility arrangements being negotiated with will affect alternative fuels, which will also, Indigenous communities at the local level is of course, be subject to excise from 2011. very welcome but, again, there is no com- While $12.5 billion is to be spent on land mitment to providing the resources to solve transport through AusLink, we understand some of the serious health and education that none of this money will be spent on pub- service problems for Aboriginal Australians. lic transport. Yet public transport is the only Today I want to focus principally on the real hope we have of reducing the consump- government’s inaction in seriously tackling tion of fossil fuels in transport and emissions greenhouse emissions and climate change— of CO2 as well as reducing congestion, as our its ongoing refusal to ratify Kyoto or to use freight load is expected to double by 2010. its influence to persuade the United States to
CHAMBER 138 SENATE Wednesday, 17 November 2004 do so. We heard a lot from this government plan that could push Australia towards a sus- about Kyoto being outdated and that Austra- tainable future and away from greenhouse lia would join the United States in develop- gas emissions. I would like to remind the ing a superior model for greenhouse reduc- government that Germany has lowered its tion, but in the last couple of years nothing emissions by nine per cent since 1991 and is has emerged beyond an emphasis on geose- discussing the possibility of another 40 per questration and voluntary measures. In the cent reduction by 2020. The United King- meantime, Russia has announced that it will dom, which has cut emissions by eight per ratify and the protocol will come into force, cent since 1990, aims to reduce them 60 per leaving us behind and excluded from the cent by 2050 and is urging the rest of the mechanisms set up under the protocol. Our European Union to do the same. Australia businesses and our economy will likely be and the United States are starting to look like disadvantaged, but there was nothing in this the ones that are well and truly out of date. address yesterday to indicate how this gov- Our plan urges the government to consider ernment will cope with that. a national renewable energy incentive frame- The Governor-General told us that the work, similar to our National Competition government was committed to developing a Policy, funded by a small levy on fossil fuel robust and comprehensive global response to electricity generation to provide grants for climate change and that Australia was on Australian companies who export renewable track to meet our targets. He said ‘the low technology with the aim of capturing at least emissions technology fund and solar cities five per cent of the $15 billion global renew- trials’ were to ‘position Australia for the able energy market by 2010—which would challenges ahead’. The Democrats strongly be a very doable $750 million, provided the doubt that this is the case. environment is right for renewable energy in In 2003 carbon emissions from the burn- this country and that we reinvest in research ing of fossil fuels climbed to a record 6.8 and development and industry support. We billion tonnes worldwide, up almost four per say that electricity retailers should be pro- cent from 2002. Over the past two decades vided with incentives to meet 15 per cent Green Power targets by 2010. At present the atmospheric CO2 concentrations rose each year on average by 1.5 parts per million, but promotion by electricity retailers of Green the last two years have seen unexplained and Power is very patchy. I received an environ- alarming jumps of 2.04 parts per million and ment annual report from a retailer just the 2.54 parts per million respectively. The In- other day and there was no mention either of ternational Panel on Climate Change esti- Green Power or of compliance with the mates that global average surface tempera- mandated renewable energy scheme. tures will rise 1.4 to 5.8 degrees Celsius— The fund established by the levy could re- that is, two to 10 degrees Fahrenheit—above source a local renewable scheme for public 1990 levels by 2100. What we need at this ownership of photovoltaic and miniwind point is not to think about our commitment projects encouraging local government to under Kyoto; what we need are good ideas adopt renewable energy for public buildings, and real solutions that go well beyond this for street lighting and for off grid generation. government’s and Kyoto’s commitments. The Democrats urge the federal government The Democrats believe that renewable en- to encourage state and territory governments ergy is critical to our future and we have a to mandate grid connections for household and commercial building photovoltaic sys-
CHAMBER Wednesday, 17 November 2004 SENATE 139 tems, including a nationally consistent stan- our aim. A $10 per tonne carbon levy on big dard for connectors, chargers and the like. industry that is reinvested in reduced emis- We would like to see electricity retailers pro- sions is something that the United Kingdom vide feed-in tariffs for photovoltaic gener- has set up. It is an eminently sensible way to ated electricity that are higher than the dis- help big industry to invest in far greater en- tributed electricity price, recognising that it ergy efficiency and things like cogeneration is mostly generated at peak times. This which have enormous capacity to be ex- would give solar panel payback periods panded in this country. much shorter time frames and encourage We suggest a greenhouse trigger in the schemes whereby up-front costs could be federal environment laws and emission stan- minimised or even eliminated. Energy effi- dards for power stations. Two weeks ago, a ciency has been largely ignored by the gov- court ruling meant that Victorian power ernment, despite the enormous opportunities companies will now need to consider green- in industry, commercial and domestic build- house gas emissions as well as the down- ings. stream effects on climate and water supply of The Democrats consider it vital that the new projects. This is something the Democ- federal government increase the mandatory rats have been on about for a very long time. renewable energy target to at least 10 per In fact, the government made a commitment cent by 2010, 20 per cent by 2020 and per- to us that it would take up this question of a haps 50 per cent by 2050. But so far the greenhouse trigger in the federal environ- lion’s share of MRET has gone to hydroelec- ment laws some years ago, but pretty much tricity because of the dodgy baseline ar- nothing has happened. Now hopefully this rangements that were set up under this legis- court ruling will be a trigger of its own to re- lation. This has meant that most renewable engage in that debate. This is the time for the energy certificates have been generated not federal government to start talking with the by wind or solar but by old hydro schemes, states about doing that. It is an obvious way only some of which are justified by invest- of determining whether coal fired power sta- ment in improving infrastructure. We also tions are really sustainable—even the ones wish to see an extension of the Photovoltaic that are more energy efficient ought to be Rebate Scheme for household photovoltaic tested against other options for electricity units for a further four years with the aim of generation. If you took into account all of the increasing installed capacity from last year’s costs including greenhouse then wind and capacity of 46 megawatts to what I think is a solar power would be much more competi- doable target of 300 megawatts. The Com- tive. monwealth must reinvest in the renewable Tougher building codes and standards that energy cooperative research centres and it encourage renewable energy take-up are should set a level playing field for renewable needed. The government should mandate energy. We suggest a number of ways of do- 10 per cent petrol ethanol blends for at least ing this. 80 per cent of total regular unleaded petrol Ratification, funding and active participa- sales phased in, we suggest, between 2008 tion in the Kyoto protocol and a domestic and 2015. The government must increase emissions trading system would make a dif- funding for the biofuels capital grants pro- ference for renewable energy. Sector-by- gram. Currently that is $37 million, even sector energy efficiency targets for an overall though the promise is that it will be $50 mil- 30 per cent reduction by 2020 ought to be lion. The government should undertake a
CHAMBER 140 SENATE Wednesday, 17 November 2004 biofuel confidence-building campaign jointly be. Presumably that is an issue which will re- managed by government and industry and emerge at some later stage. reform the petrol labelling standard to reflect On the matter of water, the government the benefits of ethanol blends and indeed any seems to have pinned its hopes on its $2 bil- other fuel which has environmental and lion Australian water fund—which is yet to greenhouse benefits. attract the support of the states and territo- The government must extend the off-road ries, I might add. Yesterday we saw drought diesel fuel subsidy to biodiesel, particularly assistance extended for the next 12 months for marine and underground mining opera- over a huge area of Australia’s rural lands. If, tions, and remove excise and the requirement as predicted, rainfall continues to decline for expensive testing of small scale so-called over wide areas as a result of climate change, ‘backyard’ biodiesel production, provided of we need to ask: does the government intend course that the fuel is for personal use. The to address the lack of productivity of vast Democrats believe these initiatives are areas of our agricultural lands with continued clearly necessary if Australia is to avoid be- handouts whose impacts are akin to setting coming a retrograde state on issues of cli- up a vast nonproductive rural welfare state? I mate change and to ensure that we have a attended a conference in Strasbourg a couple robust and active renewable energy sector to of weeks ago at which a paper was presented pave the way for a sustainable energy future. that indicated that underground reserves of In light of the fact that there has been water, used not only for potable purposes but some debate surrounding the potential use of also for agriculture, are in decline right nuclear power, we would like also to raise around the world. the issue of nuclear waste. I notice reports A draft report commissioned by the this morning that the Australian Nuclear Sci- Murray-Darling Basin Commission says that ence and Technology Organisation, ANSTO, in less than two years the number of stressed, has warned councils around Sydney’s Lucas dying and dead red gums along the Murray Heights nuclear facility that nuclear waste is River has increased by 50 per cent to 75 per to be transported through Sydney’s suburbs cent. The health of the Murray and its natural before the end of the year. If this government heritage continues to decline, despite years is so concerned about the security of its citi- of negotiations and significant spending of zens, I suggest it is inappropriate to store taxpayers’ money. I know we are still failing large amounts of dangerous waste within the to address the root of the problem of water metropolitan area in one of our largest cities. use and waste in both rural and urban areas. I I would also suggest it is inappropriate to draw the Senate’s attention to the report done freight dangerous waste through city streets, by the Senate Environment, Communica- and I urge the government to make the safe tions, Information Technology and the Arts storage of existing nuclear waste a high pri- References Committee in 2002 which is ority for its new term. I would also ask that chock-a-block with suggestions for how we the government cease generation of further might use water better in urban areas. Aus- Commonwealth nuclear waste until the issue tralia may be experiencing economic boom of existing waste has been addressed. To take times, but at what cost? At what cost to the any other approach is simply untenable. But, future of our water resources? At what cost of course, we heard very little not just in the to our air quality and our future climate? At Governor-General’s address but also before what cost to the renewable energy industry, the election about where the waste dump will on which our future living standards will be
CHAMBER Wednesday, 17 November 2004 SENATE 141 based? We urge the government to consider There was a high drop-out rate of new ap- as part of its fourth-term agenda the immedi- prentices through lack of student support, ate need to move Australia away from a re- lack of rewards for successful completion source intensive way of life, to implement and a one-size-fits-all approach to student cultural change on the use of water and en- learning needs. Student participation in VET ergy and to take strong steps to place Austra- programs is being discouraged by inadequate lia back at the forefront of renewable energy funding, and there is little by way of com- generation and use. Without these initiatives, bined school and apprenticeship training op- any economic success is gluttony of the pre- tions and pathways to go on to diploma sent and leaves little hope for future Austra- courses. As always, this government has lians. taken a quick-fix approach—an approach I want to turn briefly to the government’s that will not work and an approach which election announcement of the setting-up of benefits a small sector of the community but 24 technical schools scattered around the which steps away from that more important country. This will benefit less than one per requirement for the government to treat all cent of the secondary school population, and citizens equally and make provision of ser- we regard this as yet another attempt to side- vices universal. Throughout the govern- step the real problem, which is underfunding ment’s agenda we can see examples of how of the TAFE system. Cash-strapped schools this works—or should I say does not work. are hamstrung by a shortage of technology Senator LUDWIG (Queensland) (5.33 teachers, by the need to have smaller classes p.m.)—May I preface my remarks by thank- for these subjects and by the expense of the ing the Labor voters of Queensland and the equipment. What they need is better funding Australian Labor Party for giving me an op- for VET in Schools programs; what they do portunity to serve Labor and the people of not need is a return to the old two-stream Queensland generally for this term. May I approach that narrowed students’ options also thank my parliamentary colleagues in from year 11. Jobs in manufacturing and the Labor caucus for electing me to the elsewhere now require students with good frontbench. I record my gratitude to Mr literacy, maths and IT skills as well as train- Mark Latham for the shadow portfolios of ing in technology, and it is ludicrous to pre- justice and customs and of citizenship and tend that 24 tech schools can fix Australia’s multicultural affairs. I will go to some of looming skills shortage. One in 10 school those issues during my contribution to the leavers is not going on to work and there is address-in-reply debate. But I also resume an urgent need to engage these young people the role of Manager of Opposition Business and provide them all, regardless of where in this chamber and I note that for the first they live, with successful transitions to train- time in more than 20 years we are in a situa- ing and to employment. The only way this tion where from July next year—and perhaps skills crisis can be avoided is for the gov- I can remind the government that it is from ernment to reverse its savage cuts and pro- July next year—the Senate will be under the vide growth funding for TAFE. control of the government. Already we have Rather than making bodgie election prom- heard the government talk about what its ises, the coalition should be addressing the agenda might be. I must say, with due defer- rising fees that are driving students out of ence to the acting Manager of Government training and the fact that 40,000 young peo- Business, Senator Ian Campbell, who was ple missed out on TAFE places this year. the previous manager—and even to the new
CHAMBER 142 SENATE Wednesday, 17 November 2004
Manager of Government Business, who has This government should take heed and un- not taken on the role as yet but who has cer- derstand that strong, open and accountable tainly been appointed—what they have out- government is kept that way by strong ac- lined is not a pretty sight. It appears that the countability mechanisms. Without them, the government’s agenda might include restrict- government can become lazy, unaccountable ing debates and, as a consequence, pushing and closed to scrutiny—and ultimately arro- legislation through. This could mean legisla- gant. tion not getting proper scrutiny. I would be I think there is a growing radicalisation of happy if they were to come into the chamber the Right, away from its conservative roots, and correct the impression they have left me and a consequence of this will be reflected in with that that is the direction they intend to the way it may eventually treat the Senate. take. The Senate’s best performance in recent Alternatively, from our perspective, I in- years has been demonstrated in a number of tend to take a more principled position on areas. One area that particularly stands out is how the chamber is to be managed. Con- that of the terrorism laws where strong action structive dialogue is always the most sensi- was required. The government took what I ble way, but we will not compromise on en- thought was probably an unbalanced ap- suring that our democracy remains strong. proach to the issue but, through the commit- That can be guaranteed by maintaining tee process, we arrived at a balanced ap- strong parliamentary scrutiny and by keeping proach. The Attorney-General finally agreed the government accountable for its actions. that a balanced approach was needed, ac- There are simple procedures in place which cepted the committee majority recommenda- have been developed over a long period of tions and moved forward. The best perform- time to ensure there is a balanced approach ance that this Senate can offer is for legisla- taken in the chamber on legislation and other tion to be taken through a committee process matters. There are strong processes in place, with an open accountability mechanism there are strong committees in place, there where submissions can be heard and for the are estimates processes in place and there are committee to finally come to a conclusion— questions in the chamber and questions on a bipartisan conclusion in that instance—and notice. These are good accountability proc- make recommendations. It can then convince esses that ensure that this government re- the government to adopt those recommenda- mains true to its word and does deal with the tions because they are the sensible way to address that was given by His Excellency the proceed. I fear that is one of the things that Governor-General. They ensure that the gov- could fall by the wayside after 1 July under ernment maintains a position which is both this government. The Senate committee is a principled and accountable and that open strong accountability mechanism and this government is maintained. Debate on the government should continue with that second reading of bills is another area that mechanism. I fear that the government might ensures scrutiny, and the great debates in the start out by saying that it will be sensible but Committee of the Whole in this chamber on will quickly find that it is easier to do what it legislative amendments is an area this gov- likes, avoid debate and ultimately avoid scru- ernment should also preserve and protect. tiny. But I fear that from next July this govern- I will turn to some of the other issues that ment will become arrogant and brush aside I will be dealing with in the Senate. I will be some of the strong accountability measures. the alternative representative in the Senate
CHAMBER Wednesday, 17 November 2004 SENATE 143 for the excellent shadow Attorney-General, standing with them. That is the import of the Nicola Roxon. This portfolio is the area I case. will briefly deal with next. It was stunning to Turning to another area within the portfo- see the first law officer, Minister Ruddock, lio of justice, Senator Ellison spoke this fail to get someone to turn up on behalf of week on drink spiking. Within the justice the Commonwealth and so allow a High portfolio last week we saw Senator Ellison Court challenge to one of our nation’s laws go a bridge too far. There is no doubt that to go unchallenged. But do not take my word drink spiking is a serious issue. To that end for it; the High Court judge Justice Kirby the Ministerial Council on Drug Strategy commented that it was ‘bordering on the as- commissioned an investigation entitled Na- tonishing’. The case was about an Afghan tional Project on Drink Spiking, investigat- national, Mohammad Ruhani, who has been ing the nature and extent of drink spiking in in detention on Nauru for the last three years. Australia. This was a jointly funded project Australia is the court of appeal for Nauru— with all the states on board. The Minister for and has been since the Liberal Fraser gov- Justice and Customs must have forgotten ernment passed the law in 1976. Having lost what he said in the front of the report. If you in the Supreme Court of Nauru, Ruhani ap- read the foreword and the content of the re- pealed to the High Court of Australia. The port and then go back and have a look at Nauru government claims that the 1976 law what Senator Ellison said to the ABC, and in is invalid and that the High Court of Austra- other places, you would see that only Senator lia is no longer the court of appeal. You Ellison might be able to provide an explana- would expect in those circumstances that the tion. The research conducted by the Austra- Commonwealth might have had something lian Institute of Criminology is important to say about this, since it is Australian legis- and it is the first national piece of work on lation, but in fact no-one bothered to show drink spiking. The minister said in the report: up on behalf of the Commonwealth. I commend this report to you as the first step in I had to double-check that the Attorney- raising awareness of drink spiking within the General, Mr Philip Ruddock, was the same community. Mr Philip Ruddock who voted for this legis- But somewhere between saying that and lation back in 1976—and in fact he was, so speaking to the media, the minister leapt to he knew about it. I then checked that this national uniform legislation to combat this was the same Mr Philip Ruddock who, as phenomenon. On ABC radio the minister immigration minister, led a one-man band said: campaign against what he said was the courts What we have to look at is uniform legislation usurping the sovereignty of the parliament— across Australia to deal with this phenomenon, and to my surprise it was. The Attorney- which is on the rise. General, Mr Ruddock, does not know There are two points which need to be dealt whether he is Arthur or Martha—he has gone with. First let me deal with the obvious full circle from defender of the sovereignty point. The minister does not know what he is of parliament to the defender of self-interest, talking about because he applies little intel- it seems, not even bothering to protect the lectual rigour to his claims. We can look at laws of parliament from court challenge. that in this way: if this is the first national Minister Ruddock needs to lift his game. The attempt to quantify drink spiking then there government is silently standing by the Nauru are, by definition, no previous figures to authorities’ actions on this appeal and he is
CHAMBER 144 SENATE Wednesday, 17 November 2004 compare these figures to and therefore no sexual assault counsellors, accident and evidence whatsoever of any rise. It seems to emergency staff in hospitals, the hospitality me that Senator Ellison needs to read the industry and indeed the general public. So report rather than speak to the ABC about there is a need to raise awareness of the issue what he thinks the report should contain. and to ensure that these matters are dealt What the report went on to say was far more with in a serious tone. interesting than the minister’s grandstanding. One thing he could start doing straight- Second, the minister made claims that away is to improve the data collection ‘so we drink spiking is increasing and that this adds can build a comprehensive database and im- to the impetus for more legislation to tackle prove the coordination between relevant this problem, but if you go back to the report agencies relating to forensic procedures’, as proper you will see that it says: is outlined in the actual report, as distinct Knowledge about drink spiking in Australia is from the report that Senator Ellison thinks currently very limited but suggestions that inci- they may have provided. A major finding of dents of drink spiking have been increasing in the report was that police recording practices recent times has resulted in a need to greatly im- needed to be improved. So he might want to prove the knowledge base on drink spiking. support an initiative to ensure that in fact Page 3 of the report says: occurs. As far as amending legislation is ... there is currently very little research or empiri- concerned, the report says: cal data to indicate how often drink spiking oc- It is recommended that each jurisdiction review curs in the community ... Without such knowl- its criminal law provisions in terms of their appli- edge it is virtually impossible to gauge whether cability to different forms of drink spiking and drink spiking has been increasing, or what the appropriate maximum penalties. Consideration of hidden impact of drink spiking might be within these issues and possible avenues for investigat- the broader community. ing further legislative reform in the area of drink As there is no evidence to support his claims, spiking could perhaps— it appears that Minister Ellison has pulled his and I mark ‘perhaps’— rise in the prevalence of drink spiking from be undertaken by the Model Criminal Code Offi- out of the ether. It is the only place he could cers Committee. have grabbed it from. The report went on to say: There is no doubt something needs to be ... the committee could examine the different leg- done. The report clearly says that action is islation applicable to drink spiking in the various needed. That action should be, though, what jurisdictions to determine whether any legislative the report recommends, not what Senator amendments may be warranted in the future. Ellison thinks should happen. The first thing We can already congratulate New South is to have accurate information to act on. If Wales on doing just that. They have been you do not have accurate and timely infor- through this process and decided that they do mation you have people running off half- need to provide legislation. Queensland al- cocked. It seems that is what Senator Ellison ready has some of the toughest legislation to has done in this instance. The report does deal with this issue. Instead what we have is make important recommendations about Minister Ellison breathlessly announcing what should occur next. Maybe they do not intentions to legislate. It is imperative that appeal to the minister. There are serious we act on the issue rather than make laws practical implementation issues, such as rais- which may very well not target the criminals ing awareness of the issue among police, and which are, worse, unenforceable and
CHAMBER Wednesday, 17 November 2004 SENATE 145 simply sit on statute books in testament to a reasonable to speculate that this policy posi- busy but ineffectual minister. tion is related to the Liberal Party’s contin- Another issue that has come up is whether ued acceptance of donations from multina- the PM is a smoker and, at first instance, I tional tobacco companies. On World Lung thought no, I did not think he was. Mr Acting Cancer Day, it is high time that national ac- Deputy President, you may call me a cynic tion is taken. about this, but perhaps the real reason for Turning to another area within the portfo- Minister Ellison’s drink-spiking issue is to lio, first let me bring to the attention of sena- divert attention away from something else. If tors the excellent work of Customs officers you go back and have a look at the press re- in the detection and seizure of drugs. These leases of the Ministerial Council on Drug officers—and indeed Customs in general— Strategy and what they were talking about are doing a magnificent job. I congratulate and dealing with at that time, you will see them on their excellent work and vigilance in that the states were looking at or implement- this area. In light of these achievements, it ing tough new antismoking measures. They seems a shame that the minister has allowed were, it seems, prepared to bite the bullet for a dreadful position to develop where the the public good and start talking about what Customs Service continues to be lumbered they might be able to do about issues such as with tasks which are unfunded. Together tobacco smoking. In contrast, while Senator with cost blow-outs in the Customs cargo Ellison was busy making all sorts of claims management re-engineering project, which is in relation to drink spiking without a scrap of generally called CMR, the annual report evidence rather than promoting the report highlights a position where Customs needs to proper, the states were discussing a national seek an extra $43 million equity injection, tobacco strategy which included various which is effectively a draw down of cash to plans to try to help the industry and those cover its budget deficit. Australian Customs, who are affected by the industry, to work out I am told, spent $35 million of this amount strategies for better health outcomes and to and hurriedly sought to find ways to slash find ways of enforcing a national ban on expenditure in other areas to make up the smoking in pubs and clubs and to seek to losses. Yet still the CMR project is not com- hide cigarettes from view in shops. plete. It is still only technically halfway Those were some of the hard issues that through: the export side has gone online and the council were discussing. They did not the next phase is for the imports to go online. come to conclusions about these, but they This issue raises a number of questions. put them on the table and they were prepared Firstly, can the minister assure the public that to work through them, talk through them and the costs will not continue to rise and that the deal with them. I did not see, although I am enormous costs of this project will be met happy to be corrected, a significant press from the current budget? Secondly, does the release from Minister Ellison talking about sophisticated electronic gateway, the Cus- some of these hard issues. So it leaves me toms connect facility—that is the CCF— with a sceptical view of what the drink- have sufficient IT security to ensure that the spiking issue was really about. The alterna- Customs Service is not compromised as a tive view to that is that the PM is a smoker, consequence? Lastly, is it expected that the which I doubt. The Prime Minister and the $43 million equity injection will have to Liberal Party seem intent on rationalising the come out of next year’s Customs budget or problem of cigarette smoking. It is not un- will the minister be able to take a good brief
CHAMBER 146 SENATE Wednesday, 17 November 2004 to the budget process and ensure that Cus- festival to be held here in the national par- toms is well and appropriately funded for its liament. It was a great occasion. The impor- tasks? There is now an urgent need for the tance of community harmony and values of minister to take responsibility for this posi- respect and understanding for others in the tion to prevent a recurrence next year. age of terrorism has never been greater. The best that seems to be on offer is a re- (Time expired) view by Ernst and Young into the financial Senator EGGLESTON (Western Austra- position of Customs, which was initiated in lia) (5.54 p.m.)—I would like to say that the the latter part of 2003-04. The review will election results were an indication of the assess the future funding requirements for overwhelming confidence that people in Customs and is expected to be finalised in Australia have in the coalition government 2004-05. It is hoped that the minister will not and their policies. The area of government bury this report and will, in fact, ensure that policy about which I wish to speak today is it is tabled in parliament. I look forward to the future management of energy resources that. in Australia and the commitment of the gov- There are a couple of other areas that I ernment to developing renewable energy would like to deal with in the time available. sources. I turn now to other areas of my portfolio, to It is a truism that the world’s reserves of issues of citizenship and multicultural affairs, hydrocarbon energy resources are finite. The which I know will interest Senator Santoro. implication of this fact is that not only the In fact, I heard earlier today that Senator world at large but Australia in particular Santoro is an Australian born in Sicily. The must think carefully about the future man- recent ANAO report into the citizenship agement of the resources we have and give functions of DIMIA highlights multiple more intense consideration to renewable al- problems that seem to have occurred under ternatives. I recently heard a speech by Sir the watch of Senator Vanstone and the previ- Charles Court, the former Premier of West- ous minister, Mr Gary Hardgrave, and that ern Australia who is now 92 but still very require significant work to be undertaken by active, at the Port Hedland Chamber of this government. While that report says that Commerce Business of the Year Awards on the promotion of citizenship services is gen- the subject of energy and energy policy. Sir erally well managed, there remain serious Charles very strongly made the point that concerns in relation to the risks of fraud and Australia must be careful about the future identity theft. In a survey of 159 applications management of our energy reserves, remind- for citizenship, the report found three cases ing his audience of the devastating impact of where the signature of the person attesting to the first world oil shock when the oil produc- the identity of the applicant differed between ing countries held the world to ransom by the photograph and the declaration on the increasing prices with a consequent devastat- application form. Certainly, there is work ing economic impact on many countries, that needs to be done. including Australia. I would like to finish on a light note—in As Sir Charles pointed out, the world’s re- this case on the Hindu festival of lights, or serves of hydrocarbon fuels are not really Deepavali. It was my great privilege to make very great. It is believed that the reserves of my first speech as shadow minister for mul- petroleum will run out in about 50 years, ticultural affairs at the very first Deepavali which is not a long time in the scale of his-
CHAMBER Wednesday, 17 November 2004 SENATE 147 tory. Sir Charles said that the United States, birdlife and because they are regarded as with five per cent of the world’s population, being aesthetically displeasing by many peo- consumes more than 25 per cent of the ple. world’s oil production. The United States is The Howard government has an out- guzzling oil at record rates. In 2004 the standing record on the management of re- United States will consume an estimated 7.5 newable energy. One of its initiatives, the billion barrels of oil. US oil production is at MRET, will deliver an extra 9,500 gigawatt its lowest level since the 1950s and is declin- hours of renewable energy by 2010. That is ing by two per cent per annum. Since 1970 equivalent to more than two Snowy Moun- the US oil reserves have fallen from 50 bil- tain hydro schemes. The recent review of lion barrels to 20 billion barrels. By the end MRET found that it had ‘contributed signifi- of this decade the United States will have cantly to additional renewable energy gen- less than 15 billion barrels of oil in reserve. eration’ with 84 renewable energy projects Sir Charles then went on to observe: having been commissioned since MRET Talks of decline in oil production only add to came into operation. Renewable energy in- the concern when one reads that the rising world dustry sales have grown from around $1.1 oil demand is predicted to grow by about a mil- billion per annum prior to MRET to over lion barrels per day in 2004 and roughly one-third $1.8 billion during 2002-03. of this increase will be the result of increased demand in the United States along with China. The MRET review found that there had Sir Charles added that, as oil reserves dimin- been over $900 million of investment in re- ish, the demand for gas will rise and, as a newable energy projects with another $1 bil- result, the gas market will be soon trans- lion proposed investment in coming years. formed into a seller’s rather than the buyer’s The mandatory renewable energy target market it is now. which this government has set will continue to 2020, providing incentives for over $2 This trend raises the whole issue of re- billion in renewable energy investment. This newable energy sources and the management in turn will lead to an estimated increase in of Australia’s reserves of gas. Just 50 per Australian renewable electricity output of 60 cent of our energy in Australia is supplied per cent over the first decade of this century. from renewable resources. According to the The government will also increase the effi- energy white paper, it is expected that the use ciency of the MRET by improving the trans- of wind and solar power ‘will grow signifi- parency and operation of the market for re- cantly over the next 20 years’. But is it newable certificates to provide greater cer- enough? And where else must we look for tainty for investment. energy? They are the questions we must ask. In addition, the Australian government Solar power is already widely used in will provide some $134 million in new fund- Australia. As we all know, Australia leads the ing to address specific barriers impeding the world in solar power technology. As you uptake of renewable energy. This money will travel around the country these days you find be allocated as follows. Under the Renew- phones, lights and so on along highways that able Energy Development Initiative, $100 are powered by solar cells. Wind farms are million over seven years, comprising $50 also becoming more commonplace, but they million of new funding and $50 million from are expensive and the environmentalists have the Commercial Ready program, will be al- concerns about them because of the noise located to promote strategic development of they produce, because of their effect on
CHAMBER 148 SENATE Wednesday, 17 November 2004 renewable energy technologies, systems and Hydrogen has two significant advantages processes that have strong commercial po- when one thinks about it. First of all there is tential. This will ensure a continuing supply the issue of energy security. As Ian of innovative ideas for renewable energy Macfarlane, Minister for Industry, Tourism technologies. Then there is the Intermittent and Resources, said at the conference in Energy Storage program under which some Broome: $20 million will be provided to support the By 2010 we’ll be importing about 60% of our development of advanced electricity storage crude oil—racking up an annual debt of about $8 technologies for renewable energy, including billion. batteries, and electromechanical and chemi- Conversely, hydrogen does not need to be cal storage. This is a very important program imported because it can be derived from a to have in place because one of the problems variety of domestic sources, including re- is that you can generate electricity but then newable energy sources. In this case it is in- you have to store it to be used at a later time teresting to note that the recently mothballed in many cases. HBI plant in Port Hedland, which cost some Wind forecasting is important too in the $ 2½ billion to build and which has proven development of wind-generated electricity, not to be a success, could be converted to and some $14 million will be used to de- produce hydrogen in large quantities. That velop and install systems to provide accurate may yet be its salvation. long-term forecasts for wind output. This Hydrogen also has environmental advan- will facilitate greater penetration of wind in tages. Hydrogen is a non-toxic, clean source energy markets and allow for more strategic of energy that will deliver significant envi- planning of new wind farms. Lastly, the $75 ronmental benefits in terms of decreasing million Solar Cities trials will also demon- pollution and the emission of greenhouse strate the economic benefits of photovoltaics gases. In his presentation to the Broome con- in reducing electricity demand during peak ference the then Minister for the Environ- times and reduce the need for distribution ment and Heritage, Dr David Kemp, set out infrastructure. So the Howard government the environmental benefits of hydrogen as certainly has a very strong commitment to follows: developing renewable energy. It can displace conventional fossil fuels produced In May 2003 I attended the World Hydro- and used in the appliance, transport and distrib- gen Conference in Broome. This conference uted generation markets, saving harmful green- brought together delegates from government, house gas emissions. Hydrogen usage in most energy and transport industries, scientific applications can be regarded as greenhouse neu- bodies and research institutes, who had the tral, producing only water, and little or no other opportunity to take the first step towards the emissions. Where a fuel cell is used the hydrogen usage produces no greenhouse gas emissions, so future integration of hydrogen as a major it is not difficult to see the attraction of hydrogen energy source by exploring the strategic, fuels to urban transport authorities. technical, economic, environmental and Almost all the major vehicle manufacturers commercial issues involved in developing in the world are working on producing hy- hydrogen as an energy source. It is clear that drogen fuel cell vehicles, and several manu- hydrogen is the fuel of the future, and in fact facturers have already developed fuel cell President George W. Bush has committed the vehicles and are testing them. Mercedes- United States to a hydrogen powered future. Benz has put together a hydrogen bus and a
CHAMBER Wednesday, 17 November 2004 SENATE 149 trial of hydrogen buses is going on in about and responsibly in the best interests of the nine cities around the world, including Perth. Australian people. It will represent a historic Only last week I saw one of these hydrogen opportunity for the government to be able to buses running around the streets in Perth as a implement its mandate without having to routine passenger transport vehicle. Australia deal with a wantonly obstructionist Senate, does have very large reserves of gas, which as the Senate can be at times. is, of course, a hydrocarbon fuel and a good In referring to the federal election, I would alternative source of energy to petrol. Most like to particularly mention the new member of our reserves of gas are off the north-west for the federal electorate of Hasluck in the coast, but, as large as they are, those reserves hills area of Perth, whose campaign I was are finite. involved in and who I know was supported In the speech I referred to earlier, Sir by the present Acting Deputy President, Charles Court questioned whether it was Senator Lightfoot. This candidate, Stuart wise to sell off these reserves of gas for Henry, is a man with a great deal of experi- short-term financial gain, rather than to give ence in small business. He has a great track more consideration to the longer term energy record in supporting apprenticeship training, and economic needs of Australia. I have to which I am sure will be something that the say that I thought that was a very timely public at large will be very pleased to hear, warning for him to make, because there is no because it is quite clear that Australia needs doubt amongst anyone who thinks the matter to increase the number of apprentices in through that there will in due course be a training. Mr Henry was the CEO of the Mas- more serious energy crisis and that the care- ter Plumbers Association of Western Austra- ful management of our existing reserves lia for many years and he is also the world should be a national priority, as alternatives, Chairman of the International Master Plumb- particularly hydrogen, may take some time to ers Association. He also has very strong develop. In the meantime I can only remind roots in the community and, Mr Acting Dep- Australians that they should be reassured by uty President, as you and I both know, I am the fact that the Howard government has a certain that he will make a good contribution strong commitment to renewable energy. to the national parliament. I would like to On a separate matter, I would like to turn wish Stuart Henry a long and successful par- briefly to the new parliament and the gov- liamentary career. ernment’s majority, which will be in place Senator CARR (Victoria) (6.10 p.m.)—I from July next year and which has attracted a would like to take this opportunity to say a certain amount of comment from the other few words in response to the Governor- side of the Senate during the course of this General’s address and perhaps take this op- debate. I have to say that the government portunity to also comment upon the govern- was clearly returned on the basis of its sound ment’s forward program as outlined in that economic record, more than anything else, speech. What strikes me as having happened and, of course, the fact that we have a very with the election is that the government is tried and true and sound leadership team. A now in a position to undertake an agenda government majority in both houses of par- beyond its wildest dreams. We have a situa- liament will represent both a great opportu- tion—and to an extent it is a surprise result, nity and a great responsibility. The Prime particularly in terms of the Senate—in which Minister has indicated that the government’s the government is now able to confirm its majority in the Senate will be used soberly long-cherished desire to abandon once and
CHAMBER 150 SENATE Wednesday, 17 November 2004 for all the core tenets of small ‘l’ liberalism The Howard government has viciously at- and, one might say, even the fundamental tacked trade unions and workers, and it has tenets of small ‘c’ conservatism: the frame- undermined the capacity of workers to or- work, the values, the guiding principles of ganise and defend their living standards. the founding fathers of the Liberal Party. Now it plans to finish the job. However, it This government, which, of course, has has underestimated the resistance of Austra- been re-elected, is not in truth a Liberal gov- lian workers, who will fight to defend their ernment; it is a reactionary government. rights to organise. It has cold-bloodedly ex- When the Senate is handed to this govern- ploited racial prejudices and the politics of ment on a platter on 1 July 2005, this gov- resentment. It has sought to demonise and ernment will be triumphant. We have seen exclude asylum seekers, and it has sought to already in the public debate some of its ex- tear away the rights of Indigenous people. pectations and some of its plans. It will get This is a government that has deliberately serious from that point on about its blueprint and coldly flaunted the principles of Public for Australia and the Australian people—an Service independence and of transparency agenda which, as we heard from the senator and accountability in public administration. who just previously spoke, has been frus- This is a government that has attacked the trated by the actions of this chamber. Yet independence of the courts and has sought to despite the refusal of this chamber to pass denigrate the judiciary. It has undermined some of its more draconian pieces of legisla- our cultural institutions, such as the ABC. It tion, the government should not be undersold has tried to intimidate the ABC in terms of in terms of the manner in which it has persis- its news reporting. It has locked out from tently sought to transform the political cul- services and from recognition the very peo- ture of this country. ple who need government the most—the Since 1996 it has managed to redefine key poor, the disadvantaged, the young and the concepts in the national political lexicon and weak—and when this government is able to debate. While pretending to advance the secure control of this chamber this is the rights of individuals, especially under the agenda which we will see pursued. mantra of the right to freedom of choice, this This is a government hell-bent on pander- government has engaged in an extensive ing to the prejudices that lead to the exclu- program of social engineering. Its interven- sion of significant numbers of citizens from tions in the lives of individuals and the work- the processes and benefits of government ings of civil society are unprecedented in itself. In higher education, in schools, in so- their scale and scope. This is a government cial policy and even in the funding of scien- that is engaged in social engineering on a tific research this government has intervened massive scale. In the name of taming the in the details of the operation of public insti- powers of elites, this government has sought tutions to a level of minutiae unparalleled in to impose a new public morality based on its the history of this Commonwealth and un- own versions of conservative elitism. It has thinkable just a decade ago. sought to impose on the Commonwealth, as This is a government that describes Mal- a matter of policy, a new ideology of intoler- colm Fraser as some sort of quasi Marxist. ance and authoritarianism dressed up as lib- This is a government that has fundamentally ertarianism—that is, this government is a turned its back on the traditions of liberalism wolf in sheep’s clothing. in this country. It forces state schools to fly
CHAMBER Wednesday, 17 November 2004 SENATE 151 the Australian flag and to pursue its own ver- want to emphasise that Labor will not back sion of education values—or else lose their actions that impose from Canberra, against Commonwealth funding. It wants to force the will of local communities, measures universities to adopt industrial relations prac- which are punitive, coercive or discrimina- tices and governance policies against their tory. In fact, some of the proposals that I own better judgment and contrary to the in- have seen and heard of in recent times would terests of their own staff and students— appear to me to support the views that again, imposing this as a condition of fund- HREOC has expressed to be illegal. While ing. It wants to fundamentally undermine the the Prime Minister often says that this gov- principles of academic freedom and of uni- ernment is not about changing social behav- versity autonomy. According to leaked re- iour, it seems that this is an edict that does ports, the Howard government is now pro- not apply to all Australians. If you are poor, posing to embark on a new program of be- and particularly if you are black, it seems haviour modification, using the levers of that a different set of rules are being applied welfare and other payments. by this government under this new agenda There is no doubt that in some communi- than are being applied to Australians at large. ties in Australia there is considerable pres- The recent changes to ATSIC have been sure and that some communities face serious attacked because they appear to go back to social problems. Equally, there is no doubt the pre-McMahon days of the administration that in some communities, particularly In- of Indigenous affairs in so far as they do not digenous communities, there has been great give Indigenous people a genuine voice at progress and people are doing extremely the table. The social policies being pursued well. The Labor Party takes the view that by this government have great undertones of community partnerships, where they are paternalism and hark back to the days of the genuine, are essential for lasting social mission. Mutual obligation, as a concept, as change. In fact, there could be no sustainable far as I can see applies to both governments social change without effective participation and citizens, and it is offensive to make re- by communities. Social engineering predi- marks about whether parents wash their chil- cated on a top-down approach will inevitably dren, particularly where public infrastructure fail, but that is exactly the policy position for water, electricity, health and education that it would appear is being pursued by this has been so badly neglected by the very gov- government with Indigenous communities. ernment making those comments about the Through the leaked documents that I have lifestyles of its citizens. This is not partner- mentioned the government has suggested ship; it is about the reinforcement of power that it wants a radical overhaul of Indigenous and privilege. This is not respect for the in- affairs. However, it has not made any policy dividual; it is coercion. This is not the pro- statement to that effect. No green paper or tection of personal liberty; it is the disrespect ministerial statement has been presented. for the rights of the individual—any individ- What we have to rely upon here are press ual who happens not to conform to the bland, reports and the odd political jibe by the gov- timorous, compliant citizen idealised and ernment run through its media campaigns pandered to by the new ideology presented which seek to highlight what it regards as the by this coalition government. failings of Indigenous leaders. Labor takes I might go back in history for a moment the view that, where social partnerships are and talk about the foundation stones of the genuine, Labor will back them. However, I Liberal Party. One can see just how sharply
CHAMBER 152 SENATE Wednesday, 17 November 2004 they contrast with the modern version of the As the political scientist Robert Manne re- Liberal Party. The man acknowledged as the cently observed, the large ‘l’ liberals have father of the Liberal Party is Alfred Deakin. forgotten about small ‘l’ liberalism. In an In 1895, Deakin spoke to an audience in essay in the Age just last weekend, this for- Melbourne on the subject ‘What is Liberal- mer editor of the right-wing journal Quad- ism?’ He described the principles guiding the rant described himself as having ‘come full British Liberal Party which he declared to be circle’ from student antiracism campaigner congruent with those of Australian liberal- of the sixties through the long years as a con- ism. Deakin said that throughout the 19th servative thinker to a new stance of vehe- century British liberalism had sought to re- ment opposition to many of the policies of sist and destroy class privileges. He said: the Howard government and those of its al- Other great works of Liberalism had been the lies, the United States and Britain. Suf- removal of the religious disabilities of noncon- frage—the right to vote—was identified by formists and Roman Catholics and the abolition Alfred Deakin as a central aspect of his form of the laws against trade unionism. of liberalism. The rights of citizens to par- Liberalism, Deakin told his audience, explic- ticipate fully in the electoral process are fun- itly rejected the adage of ‘the devil take the damental to our democracy and therefore to hindmost’—or the survival of the fittest. He the principles, I might say, of the Australian said that Liberalism was dedicated to pro- Labor Party. Yet this government, led by the tecting and advancing the rights and interests Liberal Party, plans to restrict and undermine of ‘the poorest in the community’ so that ‘all this absolute right. Senator Minchin was should have what was their due’. quoted in the Financial Review on 4 Novem- Alfred Deakin said that ‘by fixing a ber as saying: minimum rate of wages and wise factory I won’t retreat from my strong support for volun- legislation, wealth would be prevented from tary voting. taking unfair advantage of the needy’ and the He indicated that he would push the idea needy would ‘be saved from leading through the party room. The Prime Minister wretched and imperfect lives.’ He went on to is known to support the ending of compul- observe that in Australia the principles of sory voting. What has stood in his way has liberalism entailed the introduction of female been largely this chamber—the Senate. From suffrage and the principle of one man—or 1 July next year there will be no impediment. one person, we might say today—one vote. The government will be free to launch at- The father of Australia’s liberal movement tacks on a broad front on this fundamental said that adherents of liberalism had always right. The fundamental right to protect the to ‘tread the paths of progress’ and ‘leave the Australian ballot will be lost by this chamber world a better place than they found it’. To as a consequence of the change in the num- anyone familiar with the march of recent bers from 1 July. Government zealots will try Australian history, these words of Alfred to paint our compulsory voting system as Deakin might well sound very strange. The some sort of infringement on the right to ideas and principles espoused by Deakin do freedom of choice. It is no such thing. No- not sit comfortably with many of the views body in Australia actually has to vote. They and actions of the modern Australian Liberal are required to turn up at a polling place on Party. election day and to accept the ballot papers handed to them. Whether each citizen marks
CHAMBER Wednesday, 17 November 2004 SENATE 153 those papers with a valid vote is entirely up the rights of persons to have assistance, to him or her. whether they be homeless or disabled. These Ending the requirement that voters attend are all measures that the government has the polling place would fundamentally floated in recent times, including the pro- change the civic and political climate of our posal to restrict the right to participate in the nation. It would effectively disenfranchise ballot by closing the ballot early. It has been hundreds of thousands, and possibly mil- estimated by the AEC that it would have an lions, of Australians. The United States does effect on 200,000 voters—predominantly not have compulsory voting. At the last young people, those homeless persons I men- presidential election in the United States, tioned and those people who do not own there was a record turnout—54 per cent of their own homes. Alfred Deakin’s principle the adult population. That compares with the of one man, one vote would be flagrantly 95 per cent of Australians who vote. Those dishonoured by the present Liberal govern- who do not vote are overwhelmingly the ment. So much for its liberalism. poor, the disadvantaged and members of mi- But it is not only the voting rights of the nority groups. These are the people that need disadvantaged and the young that this gov- government services the most. To disenfran- ernment has in its sights. It has plans to in- chise the people that need us the most would troduce an electoral enrolment identification be an abhorrence in terms of democratic regime that would require citizens to produce principles. a drivers licence or similar form of identifi- Voluntary voting disenfranchises the very cation. Once again, the young and the home- citizens whose democratic rights are the less would be affected by this. Many minori- most limited and who need the assistance of ties would be particularly affected, amongst this parliament the most. It robs them of the them Indigenous Australians. So we have a basic right they have in common with all government here that is aiming at advancing their compatriots—the right to exercise an the rights of the wealthy and the privileged, equal voice with other citizens. As Alfred entrenching itself in power and forcing Deakin would have it, the principle here is through changes to the electoral laws that the fine liberal principle of one man, one will seriously discriminate against those that vote. Voluntary voting would mean that mil- need parliament the most. With regard to the lions of dollars would be squandered on ef- Indigenous community, which is one of those forts to get people not just to register to vote groups, we have seen that in recent times the but to turn out on polling day. In the United government has sought to change the funda- States, over $A5 billion was spent on the mental sympathies of Australians towards recent campaign. This is money that could reconciliation. Four years ago, a million Aus- have been put to much better use than lining tralians walked across the bridges of this the pockets of advertising agencies. country demanding of government a com- mitment to reconciliation. But this is a gov- But there is, of course, more to this gov- ernment that has fundamentally sought to ernment’s agenda on that front. We will see move away from that public sentiment. amendments to the Electoral Act to close the rolls on the day an election is declared to In a recent analysis, Professor Mick reduce still further the opportunities of Aus- Dodson said that during his prime minister- tralians to participate. We have seen a whole ship John Howard has refused to acknowl- range of other measures aimed at reducing edge the reality and legality of prior owner- ship of this land by Aboriginal and Torres
CHAMBER 154 SENATE Wednesday, 17 November 2004
Strait Islander people, that he has persistently remember it very well. It was not a particu- denied the truth about the forcible removal of larly stable government, but it was a majority Indigenous children families and communi- government. So what Mr Stanhope has done ties, that he has refused to engage in recon- in this recent election—which, of course, is ciliation and some kind of settlement for past significant—is not entirely unprecedented. injustices and that he has denied the Indige- Very close to the election of the Stanhope nous view of history concerning the Euro- government last month was the re-election of pean occupation of this country. We are see- the Howard government. That occasion was ing from this government a policy which will at least as significant an event in Australian enhance those disadvantages and do little to history. It was an occasion where a govern- change the objective conditions for people in ment, having served three terms in govern- the various communities across this country. ment, sought and obtained a very clear man- To quote Professor Dodson, there is ‘a deep date from the Australian people. In the ACT seated and personal disrespect for Indigenous that support for the government was also people, our cultural rights and obligations’. reflected. The Liberal Party team in the Sen- Racism, he says, ‘has been, and continues to ate election received a swing of 3.57 per be, a core value of Australian society’. This cent. The Liberal Party candidates standing is being enhanced by this government’s pol- for the House of Representatives in the ACT icy position. The Howard government’s ac- also received a boost in their primary vote. tions and words concerning Indigenous Aus- The ACT has been described as a bastion for tralians continue to divide our nation on the the Labor Party, and there are some on the basis of race. It strikes me that this is an op- other side of the chamber who might smugly portunity to enhance reconciliation which assume that that is the case still, but I would this country is now turning its back on—an caution them on the basis of this election to opportunity which we as people should ad- think again. dress and which the Labor Party believes The fact is that the ACT is doing very ought be addressed. (Time expired) well; it is thriving. Business confidence is Senator HUMPHRIES (Australian Capi- extremely high, mortgage interest rates are tal Territory) (6.30 p.m.)—I want to make a low, unemployment is the lowest in the few remarks in this address-in-reply debate country and our schools are doing extremely about the recent election and about the well. More than anything else, the citizens of agenda which the Howard government the ACT have the prudent economic man- brings to the 41st Parliament. First of all, agement of the Howard government over the though, I want to correct a slight mistake last 8½ years to thank for that state of affairs. made by Senator O’Brien in his remarks ear- The ACT has had a strongly growing econ- lier. He referred to the Stanhope Labor gov- omy. Employment in particular has a very ernment in the ACT as the ACT’s first major- positive outlook in this territory, because the ity government since the advent of self- coalition government has invested heavily in government in 1989. It is actually only true this territory and has invested heavily in a to say that the Stanhope government is the quality public service. Its investment in the first majority government made up of a sin- Public Service in particular has been respon- gle party. From 1989 to 1991 there was a sible for growth in employment in the Public majority government made up of a coalition Service in the last four or five years, which of three parties. I was a member of that gov- has contributed to strong economic perform- ernment and a minister in that government. I ance in the private sector as well. The reason
CHAMBER Wednesday, 17 November 2004 SENATE 155 that the coalition candidates in the ACT did Government Information Management so well in this election, in my opinion, is that Office were to deliver savings of $40 mil- voters saw a stark contrast between the con- lion. At least 30 jobs would have gone there, tinuation of growth and opportunities under and probably many more. Youth employment the coalition and the prospect of real loss of schemes were to be scrapped or restructured opportunity, and particularly loss of public to deliver a saving of $364 million. sector and private sector jobs, under a Most notoriously perhaps, the then Latham Labor government. shadow minister for defence, Mr Beazley, The fact is that the Latham opposition flagged the loss of some 3,000 Public Ser- went into the election with a very clear pol- vice jobs in defence. When pressed, he icy of cutting Public Service jobs, particu- ducked and weaved on that figure but the larly in Canberra. Their hit list was adver- fact is that that sort of figure was being tised, if you can call it that, in May this year talked about. There was to be $2½ million in an article which appeared in the Mel- cut out of cultural institutions in order to bourne Age. It was supposedly a leaked list fund some kind of bureaucracy to oversee of Labor’s targeted Public Service job cuts them. The delivery of cultural services on the where Labor would save money. The shadow ground was to be severely compromised by Treasurer of the day never had the decency that. Green Corps, job placement, employ- to squarely and fairly put in front of the ment and training programs were to be cut community, particularly not this community back—and the list goes on and on. The ACT in Canberra, exactly what Labor’s plans were community clearly saw that that was an for reducing the size of the Public Service. agenda for pain and loss. It was an agenda Nonetheless, that list was widely adverted to that would see the prospects of employment, by Labor politicians as the way in which La- which had been so bright in recent years as a bor would pay for their many election prom- result of a growth in commitments and out- ises. That list was devastating from the point lays by the coalition, coming to a real end or of view of the people of the ACT. Labor pro- being wound back. posed to abolish Invest Australia, giving $44 Even in the last week of the campaign we million worth of savings but costing 56 jobs had an extreme lack of forthright explanation in Canberra. They intended—and you would from the Labor Party about where it was go- be interested in this, Mr Acting Deputy ing with those plans. On the very same day President Lightfoot—to severely cut the Na- that Senator Lundy was telling a gathering of tional Capital Authority. In that case, $48 public servants that there would be effec- million was to be saved over four years, a 40 tively no net loss of jobs under a Latham per cent cut to the budget of the NCA. Pro- government, on the other side of Lake Bur- portionately, that would have meant job ley-Griffin her leader was in fact making it losses of something like 30 positions. That clear that there would be serious job losses would have dramatically and deleteriously under a Labor government in Canberra. I do affected the operation of the National Capital not know how that message was sold to the Authority. It would have made it impossible rest of Australia. Frankly, I do not care how to maintain the high standard of, for exam- it was sold to the rest of Australia. I know ple, the Parliamentary Triangle. A merger of that the people of this territory saw that as an ABARE and the Bureau of Rural Sciences undiluted attack on their future. The support would have cost 60 jobs. The Office for the that Labor lost in the Senate in particular in Information Economy and the Australian
CHAMBER 156 SENATE Wednesday, 17 November 2004 the election that followed a few days later However, perhaps the most conspicuous reflected that concern. example in Labor’s policies of their failure to Labor’s plans were compounded by other understand the nature of this community measures which demonstrated that they little came in the announcement of their arts pol- understood what the needs of the ACT com- icy. It was particularly unfortunate, given munity were. During the campaign the Prime that the shadow minister for the arts at that Minister made an announcement that would time was indeed the Labor Senator for the generate a surge in Canberra’s historically ACT, Senator Lundy. In her address-in-reply low rate of bulk-billing of GP services. That speech today she criticised the coalition’s was the announcement that the Medicare arts policy, which was released during the rebate would be boosted to 100 per cent of election campaign. She said the coalition the Medicare scheduled fee, as well as the failed to provide ‘a glimmer of hope’ for other measures which have already been an- Australia’s cultural future. She said that La- nounced and put in place. For a standard 15- bor issued their arts policy during the cam- minute consultation, that is going to mean an paign. She obviously felt it was a good pol- additional $4.50 for a visit to the doctor. icy. When the service is bulk-billed, the money I would like to contrast these two policies. goes directly to doctors, encouraging more of The coalition announced that it would build a them to bulk-bill. Those measures will be of new home for the National Portrait Gallery great benefit to Canberrans, more so than and boost funding to the National Museum Labor’s proposed alternatives which linked a of Australia and ScreenSound Australia, the 100 per cent rebate only to those services national film and sound archive. As for their which were bulk-billed by a doctor. In a proposals, Labor were deafeningly silent on community where bulk-billing is low and these facilities. After years of whining, the where historically doctors, for whatever rea- best that Labor could offer Canberra’s cul- son, do not bulk-bill as much as in other tural institutions was the forced merger of places in Australia—and I regret that fact but some cultural facilities in the ACT and effec- it is a fact of life and always has been in the tive on-the-ground funding cuts. They pro- ACT—to link, as Labor did, 100 per cent of posed a merger of Old Parliament House the rebate being paid only to doctors who with the National Museum and a merger of bulk-billed cut people in this city right out of the National Portrait Gallery with the Na- significant numbers of benefits. People in tional Gallery of Australia. I, like many other this city were discerning enough to realise people in this community, was extremely that. Of course, Canberrans have already surprised to hear that Labor were in favour benefited from the decision to provide a of forced mergers of cultural institutions be- $7.50 incentive payment to GPs who bulk- cause I had heard Labor complaining insis- bill concession card holders and children tently and vociferously over a number of under the age of 16. That has contributed to a months about the so-called forced merger of recent lift in the bulk-billing rate. Bulk- ScreenSound and the Australian Film Com- billing has now risen by more than three per- mission. Incidentally, Labor actually sup- centage points since those measures were ported the legislation in this place to provide introduced. The distinction between Labor for that merger to take place. But back then and the coalition on these matters was very they had complained about what it would clear. mean for those institutions and they had
CHAMBER Wednesday, 17 November 2004 SENATE 157 complained about the loss of independence done what it needed to do to make this a city for ScreenSound. reflective of the diversity and the strength of What did we see when the arts policy was Australian culture. It has invested in institu- released by Labor in the dying days of the tions based here in a way which Labor never campaign? What we saw was not one but has. I remind those opposite that in 13 years two forced mergers of institutions that were of government between 1983 and 1996 La- arguably not really very much alike and bor added nothing—not one thing—to the whose missions in each case would be com- cultural institutions of this city. It took the promised by virtue of that arrangement. It Howard government only a matter of a few was an unwelcome arrangement. The chair years to fund, build and open the National of the board of the National Portrait Gallery Museum of Australia. So next time we hear was vociferous in her criticism of those ar- those complaints about the anti-Canberra rangements. She said that she was dismayed coalition, senators might like to reflect on the by the policy and was convinced that Senator real record of the coalition in this city. Lundy’s proposals would mean the end of There are, however, further challenges the National Portrait Gallery. That demon- facing this city which I hope will be ad- strates, among other things, that Labor, for dressed in the coming term of government. all of the three years it had to prepare its arts In particular, I think we need to look at the policy, did not appear to be interested in con- role of the federal government in supporting sulting with any key stakeholders before that the growth and development of Canberra. policy went into the public domain. Canberra has become far more independent The fact is that the coalition comprehen- of the workings of federal government in sively trumped Labor on arts policy. When recent decades. Its public sector is now you look around this city at institutions like smaller than its private sector. There is now the National Portrait Gallery, the National something like 60 per cent of the work force Museum of Australia, extensions to the Aus- working in private enterprise and 40 per cent tralian War Memorial, facilities like Com- in the Public Service as opposed to approxi- monwealth Place and Reconciliation Place mately a reversal of that position two or and other things which have been done in three decades ago. But Canberra is still very this city in the last few decades, you realise much affected by decisions of the federal that the policy that the coalition put forward government. Belconnen and Tuggeranong in this election was a continuation of a pat- were very much communities that were de- tern of endowing Canberra with the sorts of veloped and which grew as a result of the institutions which behove a nation like ours. location of departments and agencies of the The coalition has built in this city a number Commonwealth government within those of cultural institutions and other institutions townships in such a way as to facilitate the serving the national interest which reflect its growth and development of those places as commitment to Canberra as a real national business entities and as places to live. capital. I believe that there is a role for the federal I know that members opposite will be government to do this again, particularly quick to point the finger and say, ‘The coali- with respect to the newest township in Can- tion doesn’t trust Canberra. The coalition berra—Gungahlin. Gungahlin has surged in doesn’t like Canberra. The coalition doesn’t the last 10 years from a township with a believe in Canberra.’ But the coalition has population of about 5,800 to about 30,000 today. It is projected to have a population of
CHAMBER 158 SENATE Wednesday, 17 November 2004
90,000 within the next decade. It will ulti- Thursday at general business, Senator mately be, on present projections, the largest Buckland in continuation. township in the ACT. Unfortunately, to date, Corporate governance—Review of the it has not had a large employment base to go corporate governance of statutory authori- with that growth. Employment bases are im- ties and office holders—Government re- portant to provide, obviously, the opportunity sponse. Motion to take note of document for employment within the township but, moved by Senator Buckland. Debate ad- journed till Thursday at general business, more importantly perhaps, the chance for Senator Buckland in continuation. service businesses within those townships to be able to grow and be servicing both the Tobacco Research and Development Cor- poration—Report for 2003-04. [Final re- local population and the people who work in port]. Motion to take note of document the township. There are other services which moved by Senator Buckland. Debate ad- are necessary, but I believe that if there is a journed till Thursday at general business, commitment to providing an employment Senator Buckland in continuation. base in Gungahlin those other services will Australian Government Solicitor— naturally and inevitably flow. I certainly dis- Statement of corporate intent 2004-05. Mo- cussed the issue of support for an employ- tion to take note of document moved by ment base in Gungahlin, created courtesy of Senator Buckland. Debate adjourned till the Commonwealth, with colleagues in gov- Thursday at general business, Senator ernment and I intend to do more of that in Buckland in continuation. the course of the 41st Parliament. Product Stewardship (Oil) Act 2000— I think the record shows that the stronger Independent review—Report by The Allen Consulting Group, May 2004. Motion to result in the ACT for the coalition in the take note of document moved by Senator Senate compared with the national average Buckland. Debate adjourned till Thursday was no accident. It was not the case that at general business, Senator Buckland in there was a rush of blood to the head; it was continuation. a very calculated and deliberate decision on Product Stewardship for Oil Program— the part of ACT residents to send a very clear Independent review of the transitional as- signal that they did not welcome the ap- sistance—Report by Australian Academy proach taken by the Labor Party. of Technological Sciences and Engineer- Debate interrupted. ing, March 2004. Motion to take note of document moved by Senator Buckland. DOCUMENTS Debate adjourned till Thursday at general The ACTING DEPUTY PRESIDENT business, Senator Buckland in continua- (Senator Lightfoot)—Order! It being 6.50 tion. p.m., the Senate will proceed to the considera- Companies Auditors and Liquidators Dis- tion of government documents. ciplinary Board—Report for 2003-04. Mo- tion to take note of document moved by Consideration Senator Buckland. Debate adjourned till The following government documents ta- Thursday at general business, Senator bled earlier today were considered: Buckland in continuation. Corporate governance—Review of the Financial Reporting Council and Austra- corporate governance of statutory authori- lian Accounting Standards Board—Reports ties and office holders—Report, June 2003. for 2003-04. Motion to take note of docu- Motion to take note of document moved by ment moved by Senator Buckland. Debate Senator Buckland. Debate adjourned till
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adjourned till Thursday at general business, land. Debate adjourned till Thursday at Senator Buckland in continuation. general business, Senator Buckland in con- Corporations and Markets Advisory Com- tinuation. mittee—Report for 2003-04. Motion to Commissioner for Superannuation (Com- take note of document moved by Senator Super)—Report for 2003-04. Motion to Buckland. Debate adjourned till Thursday take note of document moved by Senator at general business, Senator Buckland in Buckland. Debate adjourned till Thursday continuation. at general business, Senator Buckland in Australian Securities and Investments continuation. Commission—Report for 2003-04. Motion Australia-Indonesia Institute—Report for to take note of document moved by Sena- 2003-04. Motion to take note of document tor Buckland. Debate adjourned till Thurs- moved by Senator Buckland. Debate ad- day at general business, Senator Buckland journed till Thursday at general business, in continuation. Senator Buckland in continuation. Australian Statistics Advisory Council— Reserve Bank of Australia—Equity and di- Report for 2003-04. Motion to take note of versity—Report for 2003-04. Motion to document moved by Senator Buckland. take note of document moved by Senator Debate adjourned till Thursday at general Buckland. Debate adjourned till Thursday business, Senator Buckland in continua- at general business, Senator Buckland in tion. continuation. Australian Radiation Protection and Nu- Australian Institute of Criminology and the clear Safety Agency—Report for 2003-04. Criminology Research Council—Reports Motion to take note of document moved by for 2003-04. Motion to take note of docu- Senator Buckland. Debate adjourned till ment moved by Senator Buckland. Debate Thursday at general business, Senator adjourned till Thursday at general business, Buckland in continuation. Senator Buckland in continuation. Australian Institute of Aboriginal and Tor- National Native Title Tribunal—Report for res Strait Islander Studies—Report for 2003-04. Motion to take note of document 2003-04. Motion to take note of document moved by Senator Buckland. Debate ad- moved by Senator Buckland. Debate ad- journed till Thursday at general business, journed till Thursday at general business, Senator Buckland in continuation. Senator Buckland in continuation. Crimes Act 1914—Assumed identities— Murray-Darling Basin Commission— Australian Federal Police—Report for Report for 2003-04. Motion to take note of 2003-04. Motion to take note of document document moved by Senator Buckland. moved by Senator Buckland. Debate ad- Debate adjourned till Thursday at general journed till Thursday at general business, business, Senator Buckland in continua- Senator Buckland in continuation. tion. National Witness Protection Program— Advance to the Finance Minister— Report for 2003-04 on the operation of the Statement and supporting applications for Witness Protection Act 1994. Motion to funds for June 2004. Motion to take note of take note of document moved by Senator document moved by Senator Buckland. Buckland. Debate adjourned till Thursday Debate adjourned till Thursday at general at general business, Senator Buckland in business, Senator Buckland in continua- continuation. tion. Crimes Act 1914—Controlled operations— Department of Finance and Administra- Report for 2003-04. Motion to take note of tion—Report for 2003-04. Motion to take document moved by Senator Buckland. note of document moved by Senator Buck- Debate adjourned till Thursday at general
CHAMBER 160 SENATE Wednesday, 17 November 2004
business, Senator Buckland in continua- Sydney Airport Demand Management Act tion. 1997—Quarterly report on the maximum Department of Employment and Work- movement limit for Sydney Airport for the place Relations—Report for 2003-04. Mo- period 1 April to 30 June 2004. Motion to tion to take note of document moved by take note of document moved by Senator Senator Buckland. Debate adjourned till Buckland. Debate adjourned till Thursday Thursday at general business, Senator at general business, Senator Buckland in Buckland in continuation. continuation. Defence Force Remuneration Tribunal— Reserve Bank of Australia—Report for Report for 2003-04. Motion to take note of 2003-04. Motion to take note of document document moved by Senator Buckland. moved by Senator Buckland. Debate ad- Debate adjourned till Thursday at general journed till Thursday at general business, business, Senator Buckland in continua- Senator Buckland in continuation. tion. Australian Radiation Protection and Nu- Safety, Rehabilitation and Compensation clear Safety Agency—Quarterly report for Commission—Report for 2003-04. Motion the period 1 January to 31 March 2004. to take note of document moved by Sena- Motion to take note of document moved by tor Buckland. Debate adjourned till Thurs- Senator Buckland. Debate adjourned till day at general business, Senator Buckland Thursday at general business, Senator in continuation. Buckland in continuation. Seafarers Safety, Rehabilitation and Com- Medibank Private—Report for 2003-04. pensation Authority—Report for 2003-04. Motion to take note of document moved by Motion to take note of document moved by Senator Buckland. Debate adjourned till Senator Buckland. Debate adjourned till Thursday at general business, Senator Thursday at general business, Senator Buckland in continuation. Buckland in continuation. Medibank Private—Statement of corporate Coal Mining Industry (Long Service Leave intent 2004-2007. Motion to take note of Funding) Corporation—Report for document moved by Senator Buckland. 2003-04. Motion to take note of document Debate adjourned till Thursday at general moved by Senator Buckland. Debate ad- business, Senator Buckland in continua- journed till Thursday at general business, tion. Senator Buckland in continuation. Repatriation Medical Authority—Report APEC—Australia’s individual action plan for 2003-04. Motion to take note of docu- 2004. Motion to take note of document ment moved by Senator Buckland. Debate moved by Senator Buckland. Debate ad- adjourned till Thursday at general business, journed till Thursday at general business, Senator Buckland in continuation. Senator Buckland in continuation. Final Budget Outcome 2003-04—Report The following orders of the day relating to by the Treasurer (Mr Costello) and the government documents were considered: Minister for Finance and Administration (Senator Minchin), September 2004. Mo- Australian Law Reform Commission— tion to take note of document moved by Report No. 99—Genes and ingenuity: Senator Buckland. Debate adjourned till Gene patenting and human health, June Thursday at general business, Senator 2004. Motion to take note of document Buckland in continuation. moved by Senator Buckland. Debate ad- Australian War Memorial—Report for journed till Thursday at general business, 2003-04. Motion to take note of document Senator Buckland in continuation. moved by Senator Buckland. Debate ad-
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journed till Thursday at general business, 2003-04 on the National Residue survey Senator Buckland in continuation. results. Motion to take note of document Defence Housing Authority—Statement of moved by Senator Buckland. Debate ad- corporate intent, 2004-05. Motion to take journed till Thursday at general business, note of document moved by Senator Buck- Senator Buckland in continuation. land. Debate adjourned till Thursday at Australian Bureau of Statistics—Report for general business, Senator Buckland in con- 2003-04. Motion to take note of document tinuation. moved by Senator Buckland. Debate ad- Australian Electoral Commission—Report journed till Thursday at general business, for 2003-04. Motion to take note of docu- Senator Buckland in continuation. ment moved by Senator Buckland. Debate Australian Safeguards and Non- adjourned till Thursday at general business, Proliferation Office—Report for 2003-04. Senator Buckland in continuation. Motion to take note of document moved by Australian Strategic Policy Institute— Senator Buckland. Debate adjourned till Report for 2003-04. Motion to take note of Thursday at general business, Senator document moved by Senator Buckland. Buckland in continuation. Debate adjourned till Thursday at general Department of Agriculture, Fisheries and business, Senator Buckland in continua- Forestry—Report for 2003-04. Motion to tion. take note of document moved by Senator National Standards Commission—Report Buckland. Debate adjourned till Thursday for 2003-04. Motion to take note of docu- at general business, Senator Buckland in ment moved by Senator Buckland. Debate continuation. adjourned till Thursday at general business, Civil Aviation Safety Authority Australia— Senator Buckland in continuation. Corporate plan 2004-05 to 2006-07. Mo- Housing Assistance Act 1996—Report for tion to take note of document moved by 2002-03 on the operation of the 1999 Senator Buckland. Debate adjourned till Commonwealth-State Housing Agreement Thursday at general business, Senator [Final]. Motion to take note of document Buckland in continuation. moved by Senator Buckland. Debate ad- Indigenous Land Corporation—National journed till Thursday at general business, Indigenous land strategy 2001-2006— Senator Buckland in continuation. Changes to strategy, February 2004. Mo- Department of Foreign Affairs and Trade— tion to take note of document moved by Reports for 2003-04—Volume 1— Senator Buckland. Debate adjourned till Department of Foreign Affairs and Trade. Thursday at general business, Senator Motion to take note of document moved by Buckland in continuation. Senator Buckland. Debate adjourned till Repatriation Medical Authority—Report Thursday at general business, Senator for 2003-04—Corrigendum. Motion to Buckland in continuation. take note of document moved by Senator Department of Foreign Affairs and Trade— Buckland. Debate adjourned till Thursday Reports for 2003-04—Volume 2— at general business, Senator Buckland in Australian Agency for International Devel- continuation. opment (AusAID). Motion to take note of Stevedoring Industry Finance Commit- document moved by Senator Buckland. tee—Report for 2003-04. Motion to take Debate adjourned till Thursday at general note of document moved by Senator Buck- business, Senator Buckland in continua- land. Debate adjourned till Thursday at tion. general business, Senator Buckland in con- National Residue Survey—Report for tinuation. 2003-04, incorporating the report for
CHAMBER 162 SENATE Wednesday, 17 November 2004
Albury-Wodonga Development Corpora- Australian Industrial Relations Commis- tion—Report for 2003-04. Motion to take sion and Australian Industrial Registry— note of document moved by Senator Buck- Reports for 2003-04. Motion to take note land. Debate adjourned till Thursday at of document moved by Senator Buckland. general business, Senator Buckland in con- Debate adjourned till Thursday at general tinuation. business, Senator Buckland in continua- Department of Industry, Tourism and Re- tion. sources—Report for 2003-04. Motion to Remuneration Tribunal—Report for take note of document moved by Senator 2003-04. Motion to take note of document Buckland. Debate adjourned till Thursday moved by Senator Buckland. Debate ad- at general business, Senator Buckland in journed till Thursday at general business, continuation. Senator Buckland in continuation. Export Finance and Insurance Corpora- Department of Communications, Informa- tion—Report for 2003-04. Motion to take tion Technology and the Arts—Report for note of document moved by Senator Buck- 2003-04. Motion to take note of document land. Debate adjourned till Thursday at moved by Senator Buckland. Debate ad- general business, Senator Buckland in con- journed till Thursday at general business, tinuation. Senator Buckland in continuation. Australian Wine and Brandy Corpora- Telstra Corporation Limited—Report for tion—Report for 2003-04. Motion to take 2003-04. Motion to take note of document note of document moved by Senator Buck- moved by Senator Buckland. Debate ad- land. Debate adjourned till Thursday at journed till Thursday at general business, general business, Senator Buckland in con- Senator Buckland in continuation. tinuation. National Archives of Australia and Na- Australian Trade Commission (Aus- tional Archives of Australia Advisory trade)—Report for 2003-04. Motion to Council—Reports for 2003-04. Motion to take note of document moved by Senator take note of document moved by Senator Buckland. Debate adjourned till Thursday Buckland. Debate adjourned till Thursday at general business, Senator Buckland in at general business, Senator Buckland in continuation. continuation. Maritime Industry Finance Company Lim- National Gallery of Australia—Report for ited—Report for 2003-04. Motion to take 2003-04. Motion to take note of document note of document moved by Senator Buck- moved by Senator Buckland. Debate ad- land. Debate adjourned till Thursday at journed till Thursday at general business, general business, Senator Buckland in con- Senator Buckland in continuation. tinuation. Australian Film, Television and Radio Department of the Prime Minister and School—Report for 2003-04. Motion to Cabinet—Report for 2003-04. Motion to take note of document moved by Senator take note of document moved by Senator Buckland. Debate adjourned till Thursday Buckland. Debate adjourned till Thursday at general business, Senator Buckland in at general business, Senator Buckland in continuation. continuation. Australia Council—Report for 2003-04. Australian Centre for International Agri- Motion to take note of document moved by cultural Research—Report for 2003-04. Senator Buckland. Debate adjourned till Motion to take note of document moved by Thursday at general business, Senator Senator Buckland. Debate adjourned till Buckland in continuation. Thursday at general business, Senator Australian National Maritime Museum— Buckland in continuation. Report for 2003-04. Motion to take note of
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document moved by Senator Buckland. business, Senator Buckland in continua- Debate adjourned till Thursday at general tion. business, Senator Buckland in continua- Australian Postal Corporation (Australia tion. Post)—Report for 2003-04. Motion to take Australian Communications Authority— note of document moved by Senator Buck- Report for 2003-04. Motion to take note of land. Debate adjourned till Thursday at document moved by Senator Buckland. general business, Senator Buckland in con- Debate adjourned till Thursday at general tinuation. business, Senator Buckland in continua- Office of Film and Literature Classifica- tion. tion—Classification Board and Classifica- NetAlert Limited—Report for 2003-04. tion Review Board—Reports for 2003-04. Motion to take note of document moved by Motion to take note of document moved by Senator Buckland. Debate adjourned till Senator Buckland. Debate adjourned till Thursday at general business, Senator Thursday at general business, Senator Buckland in continuation. Buckland in continuation. Film Australia Limited—Report for 2003- Office of Parliamentary Counsel—Report 04. Motion to take note of document for 2003-04. Motion to take note of docu- moved by Senator Buckland. Debate ad- ment moved by Senator Buckland. Debate journed till Thursday at general business, adjourned till Thursday at general business, Senator Buckland in continuation. Senator Buckland in continuation. Australian Broadcasting Corporation— Federal Police Disciplinary Tribunal— Report for 2003-04. Motion to take note of Report for 2003-04. Motion to take note of document moved by Senator Buckland. document moved by Senator Buckland. Debate adjourned till Thursday at general Debate adjourned till Thursday at general business, Senator Buckland in continua- business, Senator Buckland in continua- tion. tion. National Library of Australia—Report for Family Law Council—Report for 2003-04. 2003-04. Motion to take note of document Motion to take note of document moved by moved by Senator Buckland. Debate ad- Senator Buckland. Debate adjourned till journed till Thursday at general business, Thursday at general business, Senator Senator Buckland in continuation. Buckland in continuation. National Museum of Australia—Report for Great Barrier Reef Marine Park Author- 2003-04. Motion to take note of document ity—Report for 2003-04. Motion to take moved by Senator Buckland. Debate ad- note of document moved by Senator Buck- journed till Thursday at general business, land. Debate adjourned till Thursday at Senator Buckland in continuation. general business, Senator Buckland in con- Australian Postal Corporation (Australia tinuation. Post)—Equal employment opportunity Film Finance Corporation Australia Lim- program—Report for 2003-04. Motion to ited—Report for 2003-04. Motion to take take note of document moved by Senator note of document moved by Senator Buck- Buckland. Debate adjourned till Thursday land. Debate adjourned till Thursday at at general business, Senator Buckland in general business, Senator Buckland in con- continuation. tinuation. Australia Business Arts Foundation Ltd— Family Court of Australia—Report for Report for 2003-04. Motion to take note of 2003-04. Motion to take note of document document moved by Senator Buckland. moved by Senator Buckland. Debate ad- Debate adjourned till Thursday at general journed till Thursday at general business, Senator Buckland in continuation.
CHAMBER 164 SENATE Wednesday, 17 November 2004
Office of the Federal Privacy Commis- Australian Greenhouse Office—Report for sioner—Report for 2003-04 on the opera- 2003-04. Motion to take note of document tion of the Privacy Act 1988. Motion to moved by Senator Buckland. Debate ad- take note of document moved by Senator journed till Thursday at general business, Buckland. Debate adjourned till Thursday Senator Buckland in continuation. at general business, Senator Buckland in PSS Board—Public Sector Superannuation continuation. Scheme—Report for 2003-04. Motion to Australian Transaction Reports and Analy- take note of document moved by Senator sis Centre (AUSTRAC)—Report for 2003- Buckland. Debate adjourned till Thursday 04. Motion to take note of document at general business, Senator Buckland in moved by Senator Buckland. Debate ad- continuation. journed till Thursday at general business, CSS Board—Commonwealth Superannua- Senator Buckland in continuation. tion Scheme—Report for 2003-04. Motion Industrial Relations Court of Australia— to take note of document moved by Sena- Report for 2003-04. Motion to take note of tor Buckland. Debate adjourned till Thurs- document moved by Senator Buckland. day at general business, Senator Buckland Debate adjourned till Thursday at general in continuation. business, Senator Buckland in continua- Acts Interpretation Act—Statement pursu- tion. ant to section 34C(6) relating to the exten- Australian Government Information Man- sion of specified period for the presenta- agement Office—Report for 2003-04. Mo- tion of a report—Department of Finance tion to take note of document moved by and Administration—Report for 2003-04. Senator Buckland. Debate adjourned till Motion to take note of document moved by Thursday at general business, Senator Senator Buckland. Debate adjourned till Buckland in continuation. Thursday at general business, Senator Australian Film Commission—Report for Buckland in continuation. 2003-04. Motion to take note of document Australian Research Council—Report for moved by Senator Buckland. Debate ad- 2003-04. Motion to take note of document journed till Thursday at general business, moved by Senator Buckland. Debate ad- Senator Buckland in continuation. journed till Thursday at general business, Department of Family and Community Senator Buckland in continuation. Services—Report for 2003-04—Volumes 1 Repatriation Commission, Military Reha- and 2. Motion to take note of document bilitation and Compensation Commission, moved by Senator Buckland. Debate ad- Department of Veterans’ Affairs and Na- journed till Thursday at general business, tional Treatment Monitoring Committee— Senator Buckland in continuation. Reports for 2003-04. Motion to take note Australian Institute of Family Studies— of document moved by Senator Buckland. Report for 2003-04. Motion to take note of Debate adjourned till Thursday at general document moved by Senator Buckland. business, Senator Buckland in continua- Debate adjourned till Thursday at general tion. business, Senator Buckland in continua- Department of the Environment and Heri- tion. tage—Report for 2003-04, including the Commonwealth Director of Public Prose- final annual report of the Australian Heri- cutions—Report for 2003-04. Motion to tage Commission. Motion to take note of take note of document moved by Senator document moved by Senator Buckland. Buckland. Debate adjourned till Thursday Debate adjourned till Thursday at general at general business, Senator Buckland in business, Senator Buckland in continua- continuation. tion.
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Commonwealth Grants Commission— Thursday at general business, Senator Report for 2003-04. Motion to take note of Buckland in continuation. document moved by Senator Buckland. Gurang Land Council (Aboriginal Corpo- Debate adjourned till Thursday at general ration)—Report for 2003-04. Motion to business, Senator Buckland in continua- take note of document moved by Senator tion. Buckland. Debate adjourned till Thursday Australian National Training Authority— at general business, Senator Buckland in Report for 2003-04. Motion to take note of continuation. document moved by Senator Buckland. Kimberley Land Council Aboriginal Cor- Debate adjourned till Thursday at general poration—Report for 2003-04. Motion to business, Senator Buckland in continua- take note of document moved by Senator tion. Buckland. Debate adjourned till Thursday Aboriginal and Torres Strait Islander Ser- at general business, Senator Buckland in vices—Report for 2003-04. Motion to take continuation. note of document moved by Senator Buck- Aboriginal Legal Rights Movement Inc.— land. Debate adjourned till Thursday at Native Title Unit—Report for 2003-04. general business, Senator Buckland in con- North Queensland Land Council Native Ti- tinuation. tle Representative Body Aboriginal Corpo- Aboriginal Land Commissioner—Report ration—Report for 2003-04. Motion to for 2003-04. Motion to take note of docu- take note of document moved by Senator ment moved by Senator Buckland. Debate Buckland. Debate adjourned till Thursday adjourned till Thursday at general business, at general business, Senator Buckland in Senator Buckland in continuation. continuation. Anindilyakwa Land Council—Report for South West Aboriginal Land and Sea 2003-04. Motion to take note of document Council Aboriginal Corporation—Report moved by Senator Buckland. Debate ad- for 2003-04. Motion to take note of docu- journed till Thursday at general business, ment moved by Senator Buckland. Debate Senator Buckland in continuation. adjourned till Thursday at general business, Indigenous Land Corporation—Report for Senator Buckland in continuation. 2003-04. Motion to take note of document Yamatji Marlpa Barna Baba Maaja Abo- moved by Senator Buckland. Debate ad- riginal Corporation—Report for 2003-04. journed till Thursday at general business, Motion to take note of document moved by Senator Buckland in continuation. Senator Buckland. Debate adjourned till Tiwi Land Council—Report for 2003-04. Thursday at general business, Senator Motion to take note of document moved by Buckland in continuation. Senator Buckland. Debate adjourned till National Oceans Office—Report for Thursday at general business, Senator 2003-04. Motion to take note of document Buckland in continuation. moved by Senator Buckland. Debate ad- Central Queensland Land Council Abo- journed till Thursday at general business, riginal Corporation—Report for 2003-04. Senator Buckland in continuation. Motion to take note of document moved by Australian National Training Authority— Senator Buckland. Debate adjourned till Report for 2003. Motion to take note of Thursday at general business, Senator document moved by Senator Buckland. Buckland in continuation. Debate adjourned till Thursday at general Goldfields Land and Sea Council Aborigi- business, Senator Buckland in continua- nal Corporation—Report for 2003-04. Mo- tion. tion to take note of document moved by Senator Buckland. Debate adjourned till
CHAMBER 166 SENATE Wednesday, 17 November 2004
Inspector-General of Intelligence and Se- Thursday at general business, Senator curity—Report for 2003-04. Motion to Buckland in continuation. take note of document moved by Senator Public Service Commissioner—Report for Buckland. Debate adjourned till Thursday 2003-04, together with the report of the at general business, Senator Buckland in Merit Protection Commissioner. Motion to continuation. take note of document moved by Senator Office of the Renewable Energy Regula- Buckland. Debate adjourned till Thursday tor—Report for 2003-04. Motion to take at general business, Senator Buckland in note of document moved by Senator Buck- continuation. land. Debate adjourned till Thursday at Australian Nuclear Science and Technol- general business, Senator Buckland in con- ogy Organisation (ANSTO)—Report for tinuation. 2003-04. Motion to take note of document National Australia Day Council—Report moved by Senator Buckland. Debate ad- for 2003-04. Motion to take note of docu- journed till Thursday at general business, ment moved by Senator Buckland. Debate Senator Buckland in continuation. adjourned till Thursday at general business, Australian Institute of Marine Science— Senator Buckland in continuation. Report for 2003-04. Motion to take note of Commonwealth Ombudsman—Report for document moved by Senator Buckland. 2003-04. Motion to take note of document Debate adjourned till Thursday at general moved by Senator Buckland. Debate ad- business, Senator Buckland in continua- journed till Thursday at general business, tion. Senator Buckland in continuation. Department of Education, Science and Department of the Treasury—Report for Training—Report for 2003-04. Motion to 2003-04. Motion to take note of document take note of document moved by Senator moved by Senator Buckland. Debate ad- Buckland. Debate adjourned till Thursday journed till Thursday at general business, at general business, Senator Buckland in Senator Buckland in continuation. continuation. Australian Office of Financial Manage- Enterprise and Career Education Founda- ment—Report for 2003-04. Motion to take tion Limited—Report for 2003-04. Motion note of document moved by Senator Buck- to take note of document moved by Sena- land. Debate adjourned till Thursday at tor Buckland. Debate adjourned till Thurs- general business, Senator Buckland in con- day at general business, Senator Buckland tinuation. in continuation. Public Lending Right Committee—Report Administrative Appeals Tribunal—Report for 2003-04. Motion to take note of docu- for 2003-04. Motion to take note of docu- ment moved by Senator Buckland. Debate ment moved by Senator Buckland. Debate adjourned till Thursday at general business, adjourned till Thursday at general business, Senator Buckland in continuation. Senator Buckland in continuation. Australian Broadcasting Authority— Australian Law Reform Commission— Report for 2003-04. Motion to take note of Report No. 100—Report for 2003-04. document moved by Senator Buckland. Federal Magistrates Court—Report for Debate adjourned till Thursday at general 2003-04. Motion to take note of document business, Senator Buckland in continua- moved by Senator Buckland. Debate ad- tion. journed till Thursday at general business, Bundanon Trust—Report for 2003-04. Mo- Senator Buckland in continuation. tion to take note of document moved by Australian Government Solicitor—Report Senator Buckland. Debate adjourned till for 2003-04. Motion to take note of docu-
CHAMBER Wednesday, 17 November 2004 SENATE 167
ment moved by Senator Buckland. Debate Sydney Harbour Federation Trust—Report adjourned till Thursday at general business, for 2003-04. Motion to take note of docu- Senator Buckland in continuation. ment moved by Senator Buckland. Debate Administrative Review Council—Report adjourned till Thursday at general business, for 2003-04. Motion to take note of docu- Senator Buckland in continuation. ment moved by Senator Buckland. Debate Supervising Scientist—Report for 2003-04 adjourned till Thursday at general business, on the operation of the Environment Pro- Senator Buckland in continuation. tection (Alligator Rivers Region) Act 1978. Federal Court of Australia—Report for Motion to take note of document moved by 2003-04. Motion to take note of document Senator Buckland. Debate adjourned till moved by Senator Buckland. Debate ad- Thursday at general business, Senator journed till Thursday at general business, Buckland in continuation. Senator Buckland in continuation. Employment Advocate—Report for Food Standards Australia New Zealand— 2003-04. Motion to take note of document Report for 2003-04. Motion to take note of moved by Senator Buckland. Debate ad- document moved by Senator Buckland. journed till Thursday at general business, Debate adjourned till Thursday at general Senator Buckland in continuation. business, Senator Buckland in continua- Commissioner of Taxation—Report for tion. 2003-04. Motion to take note of document Comcare Australia—Report for 2003-04. moved by Senator Buckland. Debate ad- Motion to take note of document moved by journed till Thursday at general business, Senator Buckland. Debate adjourned till Senator Buckland in continuation. Thursday at general business, Senator Social Security Appeals Tribunal—Report Buckland in continuation. for 2003-04. Motion to take note of docu- CrimTrac Agency—Report for 2003-04. ment moved by Senator Buckland. Debate Motion to take note of document moved by adjourned till Thursday at general business, Senator Buckland. Debate adjourned till Senator Buckland in continuation. Thursday at general business, Senator Aboriginal Hostels Limited—Report for Buckland in continuation. the period 29 June 2003 to 26 June 2004. Australian Customs Service—Report for Motion to take note of document moved by 2003-04. Motion to take note of document Senator Buckland. Debate adjourned till moved by Senator Buckland. Debate ad- Thursday at general business, Senator journed till Thursday at general business, Buckland in continuation. Senator Buckland in continuation. International Air Services Commission— Australian Reinsurance Pool Corpora- Report for 2003-04. Motion to take note of tion—Report for 2003-04. Motion to take document moved by Senator Buckland. note of document moved by Senator Buck- Debate adjourned till Thursday at general land. Debate adjourned till Thursday at business, Senator Buckland in continua- general business, Senator Buckland in con- tion. tinuation. Australian Security Intelligence Organisa- Inspector-General of Taxation—Report for tion—Report for 2003-04. Motion to take the period 7 August 2003 to 30 June 2004. note of document moved by Senator Buck- Motion to take note of document moved by land. Debate adjourned till Thursday at Senator Buckland. Debate adjourned till general business, Senator Buckland in con- Thursday at general business, Senator tinuation. Buckland in continuation. Special Broadcasting Service Corporation (SBS)—Report for 2003-04. Motion to take note of document moved by Senator
CHAMBER 168 SENATE Wednesday, 17 November 2004
Buckland. Debate adjourned till Thursday Commissioner for Complaints—Report for at general business, Senator Buckland in 2003-04. Motion to take note of document continuation. moved by Senator Buckland. Debate ad- Attorney-General’s Department—Report journed till Thursday at general business, for 2003-04. Motion to take note of docu- Senator Buckland in continuation. ment moved by Senator Buckland. Debate Aged Care Standards and Accreditation adjourned till Thursday at general business, Agency Limited—Report for 2003-04. Senator Buckland in continuation. Motion to take note of document moved by Insolvency and Trustee Service Australia— Senator Buckland. Debate adjourned till Report for 2003-04. Motion to take note of Thursday at general business, Senator document moved by Senator Buckland. Buckland in continuation. Debate adjourned till Thursday at general Australian Maritime Safety Authority— business, Senator Buckland in continua- Report for 2003-04. Motion to take note of tion. document moved by Senator Buckland. Inspector-General in Bankruptcy—Report Debate adjourned till Thursday at general for 2003-04 on the operation of the Bank- business, Senator Buckland in continua- ruptcy Act 1966. Motion to take note of tion. document moved by Senator Buckland. Department of Immigration and Multicul- Debate adjourned till Thursday at general tural and Indigenous Affairs—Report for business, Senator Buckland in continua- 2003-04. Motion to take note of document tion. moved by Senator Buckland. Debate ad- Acts Interpretation Act—Statement pursu- journed till Thursday at general business, ant to section 34C(6) relating to the exten- Senator Buckland in continuation. sion of specified period for the presenta- Senate adjourned at 6.52 p.m. tion of a report—Department of Transport DOCUMENTS and Regional Services—Report for 2003-04. Tabling Australian Prudential Regulation Author- The following government documents ity—Report for 2003-04. Motion to take were tabled: note of document moved by Senator Buck- Advance to the Finance Minister— land. Debate adjourned till Thursday at Statement and supporting applications for general business, Senator Buckland in con- funds for June 2004. tinuation. APEC—Australia’s individual action plan Royal Australian Air Force Veterans’ Resi- 2004. dences Trust Fund—Report for 2003-04. Australia-Indonesia Institute—Report for Motion to take note of document moved by 2003-04. Senator Buckland. Debate adjourned till Thursday at general business, Senator Australian Government Solicitor— Buckland in continuation. Statement of corporate intent 2004-05. Services Trust Funds—Reports for Australian Institute of Aboriginal and Tor- 2003-04 of the Australian Military Forces res Strait Islander Studies—Report for Relief Trust Fund, the Royal Australian 2003-04. Navy Relief Trust Fund and the Royal Aus- Australian Institute of Criminology and the tralian Air Force Welfare Trust Fund. Mo- Criminology Research Council—Reports tion to take note of document moved by for 2003-04. Senator Buckland. Debate adjourned till Australian Radiation Protection and Nu- Thursday at general business, Senator clear Safety Agency—Report for 2003-04. Buckland in continuation.
CHAMBER Wednesday, 17 November 2004 SENATE 169
Australian Securities and Investments of Technological Sciences and Engineer- Commission—Report for 2003-04. ing, March 2004. Australian Statistics Advisory Council— Reserve Bank of Australia—Equity and di- Report for 2003-04. versity—Report for 2003-04. Coal Mining Industry (Long Service Leave Safety, Rehabilitation and Compensation Funding) Corporation—Report for 2003- Commission—Report for 2003-04. 04. Seafarers Safety, Rehabilitation and Com- Commissioner for Superannuation (Com- pensation Authority—Report for 2003-04. Super)—Report for 2003-04. Tobacco Research and Development Cor- Companies Auditors and Liquidators Dis- poration—Report for 2003-04. [Final re- ciplinary Board—Report for 2003-04. port] Corporate governance—Review of the The following documents were tabled by corporate governance of statutory authori- the Clerk: ties and office holders— Census and Statistics Act—Australian Bu- Government response. reau of Statistics—Statement No. 3 of Report, June 2003. 2004. Corporations and Markets Advisory Com- Civil Aviation Act—Civil Aviation Safety mittee—Report for 2003-04. Regulations—Airworthiness Directives— Crimes Act 1914—Reports for 2003-04— Part— Assumed identities—Australian Federal 105, dated 20, 21 [2] and 29 October; Police. and 1 [4], 4, 8 [7], 9 [6], 10 [5], 11 [3] and 12 [11] November 2004. Controlled operations. 106, dated 8 and 9 [2] November 2004. Defence Force Remuneration Tribunal— Report for 2003-04. 107, dated 8 and 9 November 2004. Department of Employment and Work- Fisheries Management Act—Southern place Relations—Report for 2003-04. Bluefin Tuna Fishery Management Plan 1995—2004-05 SBT Final TAC Determi- Department of Finance and Administra- nation. tion—Report for 2003-04. Higher Education Support Act— Financial Reporting Council and Austra- lian Accounting Standards Board—Reports Commonwealth Grant Scheme Guide- for 2003-04. lines—Amendment No. 1. Murray-Darling Basin Commission— Notices of approval of a higher educa- Report for 2003-04. tion provider under section 16-50, dated— National Native Title Tribunal—Report for 2003-04. 29 October 2004—Marcus Oldham College. National Witness Protection Program— Report for 2003-04 on the operation of the 1 November 2004—Monash Interna- Witness Protection Act 1994. tional Pty Ltd. Product Stewardship (Oil) Act 2000— 9 November 2004— Independent review—Report by The Allen Australian Lutheran College. Consulting Group, May 2004. Harvest Bible College Inc. Product Stewardship for Oil Program— The Australian Institute of Music Independent review of the transitional as- Limited. sistance—Report by Australian Academy
CHAMBER 170 SENATE Wednesday, 17 November 2004
15 November 2004— Indexed lists of departmental and agency Adelaide College of Divinity In- files for the period 1 January to 30 June corporated. 2004—Statements of compliance— Oceania Polytechnic Institute of Australian Public Service Commission. Education Pty Ltd. Communications, Information Technol- Superannuation Industry (Supervision) ogy and the Arts portfolio agencies. Act—Request from Minister to APRA, Department of Education, Science and dated 3 February 2004. Training. Indexed Lists of Files Immigration and Multicultural and In- The following documents were tabled digenous Affairs portfolio agencies. pursuant to the order of the Senate of 30 May Office of the Official Secretary to the 1996, as amended: Governor-General.
CHAMBER