COMMONWEALTH OF AUSTRALIA
PARLIAMENTARY DEBATES
Senate Official Hansard No. 5, 2005 TUESDAY, 8 MARCH 2005
FORTY-FIRST PARLIAMENT FIRST SESSION—SECOND PERIOD
BY AUTHORITY OF THE SENATE
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FORTY-FIRST PARLIAMENT FIRST SESSION—SECOND 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, Claire Mary Moore 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. Christopher Mar- tin Ellison Manager of Opposition Business in the Senate—Senator Joseph William Ludwig
Senate Party Leaders and Whips
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 Lynette Fay Allison Liberal Party of Australia Whips—Senators Jeannie Margaret Ferris and Alan Eggleston National Party of Australia Whip—Senator Julian John James McGauran Opposition Whips—Senators George Campbell and Geoffrey Frederick Buckland Australian Democrats Whip—Senator Andrew John Julian Bartlett
Printed by authority of the Senate i
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
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State or Terri- Senator tory Term expires Party Macdonald, Hon. Ian Douglas QLD 30.6.2008 LP 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 Busines 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 and Deputy Leader of the House 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 and Minister As- The Hon. De-Anne Margaret Kelly MP sisting the Minister for Defence 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
v
SHADOW MINISTRY
Leader of the Opposition The Hon. Kim Christian Beazley 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, Procure- The Hon. Archibald Ronald Bevis MP ment and Personnel and Shadow Minister As- sisting the Shadow Minister for Industrial Rela- tions 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, Disabilities and Senator Jan Elizabeth McLucas Carers 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
TUESDAY, 8 MARCH
Chamber Postal Industry Ombudsman Bill 2004 [2005]— Second Reading...... 1 In Committee...... 3 Third Reading...... 5 Navigation Amendment Bill 2004— Second Reading...... 6 Third Reading...... 13 National Health Amendment (Prostheses) Bill 2005— Second Reading...... 13 Questions Without Notice— Women: Government Policies ...... 21 Distinguished Visitors...... 22 Questions Without Notice— Women: Government Policies ...... 22 Skills Shortage...... 23 Employment: Statistics...... 25 Skills Shortage...... 26 Family Payments ...... 28 Economy: Foreign Debt ...... 28 Immigration: Detention Centres ...... 30 Defence: Contracts ...... 31 Crime: Sexual Exploitation of Children ...... 31 Telstra: Privatisation...... 32 Women: Government Policies ...... 34 Budget: Surplus ...... 35 Questions Without Notice: Take Note of Answers— Women: Government Policies ...... 36 Condolences— Mr James Corbett ...... 43 Petitions— Workplace Relations: Paid Maternity Leave ...... 44 Notices— Presentation ...... 44 Business— Rearrangement...... 46 Notices— Postponement ...... 47 Committees— Mental Health Committee—Establishment...... 47 Foreign Affairs, Defence and Trade References Committee—Reference ...... 48 Forestry: Logging ...... 49 International Women’s Day ...... 50 Indigenous Employment: Awards ...... 50 ‘Blackout Violence’ Campaign ...... 51 International Women’s Day ...... 51 Abortion...... 52
CONTENTS—continued
Committees— Rural and Regional Affairs and Transport Legislation Committee—Meeting ...... 52 Corporations and Financial Services Committee: Joint—Meeting ...... 52 Matters of Public Importance— Howard Government: Policy...... 53 Committees— Privileges Committee—Report ...... 67 Senators’ Interests Committee—Report ...... 67 Legal and Constitutional Legislation Committee—Report ...... 67 Community Affairs Legislation Committee—Additional Information ...... 67 Employment, Workplace Relations and Education References Committee— Membership...... 67 ASIO, ASIS and DSD Committee—Membership...... 68 Administration of Indigenous Affairs Committee—Report ...... 68 Legal and Constitutional References Committee—Report ...... 76 National Health Amendment (Prostheses) Bill 2005— Second Reading...... 82 In Committee...... 89 Committees— Foreign Affairs, Defence and Trade References Committee—Membership ...... 91 Documents— Wet Tropics Management Authority...... 92 Commonwealth Grants Commission...... 94 Adjournment— Wool Industry: Mulesing...... 96 Family Planning ...... 99 Indigenous Affairs: Redfern ...... 100 Education...... 103 Immigration: Detention Centres ...... 105 International Women’s Day...... 107 National Sea Change Task Force...... 109 Australian Defence Force: Personnel ...... 112 Abortion ...... 114 Lieutenant Colonel Lance Collins ...... 117 Australian Arabic Council ...... 122 Documents— Tabling...... 124 Tabling...... 124 Departmental and Agency Contracts ...... 125 Indexed Lists of Files ...... 126 Questions on Notice Gambling—(Question No. 33) ...... 127 Superannuation: Small Business—(Question No. 75)...... 127 Workers’ Entitlements—(Question No. 100)...... 128 Family and Community Services: Advertising Campaign—(Question No. 106 amended) ...... 129 Treasury: Advertising Campaign—(Question No. 112) ...... 130 Attorney-General’s: Advertising Campaign—(Question No. 113)...... 132 Immigration and Multicultural and Indigenous Affairs: Advertising Campaign— (Question No. 121)...... 133
CONTENTS—continued
Finance and Administration: Advertising Campaign—(Question No. 130)...... 135 Finance and Administration: Advertising Campaign—(Question No. 139)...... 135 Human Cloning—(Question No. 175)...... 136 Natural Disasters Mitigation Program—(Question No. 188)...... 137 Aeronautical Training—(Question No. 191)...... 189 Regional Flood Mitigation Program—(Question No. 193)...... 190 Primary Energy Ltd—(Question No. 195 amended)...... 208 Regional Development Policy Advice—(Question No. 245)...... 208 Regional Flood Mitigation Program—(Question No. 247)...... 208 Territories: Services—(Question No. 266)...... 209 Immigration: Christmas Island Reception and Processing Centre—(Question No. 269)...... 210 Indian Ocean Territories: Economic Development—(Question No. 271)...... 213 Norfolk Island: Administrator—(Question No. 272)...... 213 Indian Ocean Territories: Administrator—(Question No. 273)...... 214 Christmas Island Casino Surveillance Authority—(Question No. 276) ...... 214 Transport and Regional Services: Workplace Diversity Program—(Question No. 284)...... 214 Transport and Regional Services: Indigenous Employment—(Question No. 285)...... 215 Transport Services—(Question No. 318) ...... 216 Bananas—(Question No. 327)...... 216 Environment: River Red Gums—(Question No. 328) ...... 217 Environment: Recherche Bay—(Question No. 329)...... 217
Tuesday, 8 March 2005 SENATE 1
Tuesday, 8 March 2005 currently provided to the Telecommunica- ————— tions Industry Ombudsman, to order com- The PRESIDENT (Senator the Hon. pensation. Paul Calvert) took the chair at 12.30 p.m. These changes obviously concern me to and read prayers. some extent in that it is also made clear that, POSTAL INDUSTRY OMBUDSMAN in respect of Australia Post, the PIO will be BILL 2004 [2005] expected to deal with delivery of mail mat- ters whilst the Commonwealth Ombudsman Second Reading will continue to deal with the administration Debate resumed from 7 March, on motion activities of Australia Post. This does con- by Senator Ian Campbell: cern me, but we will have to see how it de- That this bill be now read a second time. velops in practice—whether this difference Senator CHERRY (Queensland) (12.31 of powers will impact on how Australia Post p.m.)—Yesterday I was talking about the is dealt with by the Ombudsman or the PIO differences between the Commonwealth in the future. That is something we will con- Ombudsman’s powers and the Postal Indus- sider later. try Ombudsman’s powers proposed in the What did concern me in that particular Postal Industry Ombudsman Bill 2004 section and in the bill is the fact that the gov- [2005]. I thought they were quite significant. ernment has chosen to give the PIO fewer The second reading speech for this bill says: powers than the Commonwealth Ombuds- In many respects, the PIO will be provided with man to encourage private sector providers to similar powers to the Commonwealth Ombuds- sign up to the PIO and its scheme. I really man. For example, the PIO will be able to require think that is unnecessary. I think it is an un- a person to provide information in writing or to fortunate approach that the government has attend before the PIO to answer questions. The adopted. Given that the delivery of post is PIO will also be required to provide procedural such an important matter in terms of com- fairness to Australia Post, registered PPOs and munications in Australia, the matter of vol- their employees in the investigation of any ac- tions they have taken. untarism should never have come into play. The government said that the PIO would However, whereas the Commonwealth Ombuds- apply to the private sector as the Telecom- man’s powers are tailored to the investigation of public sector administrative actions, the PIO’s munications Industry Ombudsman applies to powers will be customised for the investigation of the private sector—that is, to everybody. Not service delivery complaints in relation to both only is this scheme voluntary for private sec- Australia Post and private operators. Moreover, as tor providers but, as an incentive to get pri- the PIO will have jurisdiction over non- vate sector providers to sign up to the government entities which have voluntarily regis- scheme, the powers of the PIO vis-a-vis the tered with the PIO, the PIO will not have certain Commonwealth Ombudsman have been re- powers that are considered unnecessary or which duced. would act as a deterrent to PPOs registering with the scheme. For example, it was not considered I certainly express the Democrats’ concern appropriate to provide the PIO with the power to with that approach. I notice the ALP are enter premises or to override a person’s claim to moving amendments on this, and we will legal professional privilege. certainly support those when we get to the Senator Conroy also referred to the fact that committee stage. There is no benefit to this the PIO will not have the powers, which are bill vis-a-vis current arrangements if we do
CHAMBER 2 SENATE Tuesday, 8 March 2005 not get the private sector providers into the ery of postal articles and the provision of PIO scheme. The scheme has been made courier services. The Postal Industry Om- voluntary and has been pared back to en- budsman’s powers will complement the courage private sector providers to come. Commonwealth Ombudsman’s existing This scheme is not going to be working ef- powers. The Commonwealth Ombudsman, fectively unless we get the benefit of the pri- for example, will retain existing powers to vate sector coming in. investigate actions by Australia Post that do I hope the Minister for Communications, not relate to the provision of postal services, Information Technology and the Arts, Sena- such as employment matters. tor Coonan, will address in her concluding Provisions in the bill will mean that most, comments what measures the government if not all, service delivery complaints against has taken to get private sector providers to Australia Post will be dealt with by the sign up to the PIO scheme, whether the min- Postal Industry Ombudsman in a similar way ister is confident that the major private sector to those against registered private postal op- providers will be signing up to this scheme erators. However, complaints against Austra- and, if it ends up being a voluntary scheme, lia Post can still be dealt with by the Com- what measures she intends engaging in to get monwealth Ombudsman where it is more the private sector providers to sign up to it. If appropriate to do so. they do not sign up, this bill will be of no I am heartened to hear senators in their benefit and we will have wasted the public’s contributions to this debate say that they time. The Democrats will not oppose this support the establishment of a postal industry bill, because it is revenue neutral, but we ombudsman. The legislation has been drafted certainly think it is important that the bene- after an extensive process and with historical fits of this scheme be promoted further to evidence following consultation with the bring the private sector on board and, if need state and territory offices of fair trading. I be, that the scheme be based on the tele- have to say that there have only ever been 37 communications precedent that requires they recorded complaints about the delivery of join up rather than simply leaving it to be postal services by postal service providers voluntary. other than Australia Post. I think that that Senator COONAN (New South Wales— really puts it in perspective. Minister for Communications, Information It is disappointing to see that there are Technology and the Arts) (12.36 p.m.)—I foreshadowed amendments proposing to take thank the senators who have contributed to what is an almost non-existent problem and the debate on the Postal Industry Ombuds- create a compliance burden by requiring eve- man Bill 2004 [2005]. The bill implements a ryone to participate in the scheme. The oppo- government election commitment and will sition have foreshadowed an amendment that establish a dedicated Postal Industry Om- in my view is unnecessary for this bill. budsman within the office of the Common- In developing the scheme, it is important wealth Ombudsman and provide consumers to balance the rights of consumers—of with a recognisable, dedicated and independ- course, that is always a critical factor—with ent entity to deal with complaints about the the level of complaints. We always have to provision of postal services. The Postal In- look at the cost and complexity of imple- dustry Ombudsman will have responsibility menting the scheme for business and, indeed, for investigating postal delivery services, for government. After an exhaustive consul- including the receipt, processing and deliv-
CHAMBER Tuesday, 8 March 2005 SENATE 3 tation process, we do believe—and I must small business and private postal operators. say that I personally believe—that the provi- It will provide consumers and all postal op- sions in the legislation strike the appropriate erators, including Australia Post, with an balance. avenue to more effectively resolve service During the course of the debate—although disputes and difficulties. I commend the bill. unfortunately I was not able to listen to all of Question agreed to. it—there was a comparison of the volume of Bill read a second time. complaints in the postal industry with that of In Committee the telecommunications industry, which is entirely a gross exaggeration. To give an ex- Bill—by leave—taken as a whole. ample: in 2003-04 the TIO—that is, the Senator CONROY (Victoria) (12.42 Telecommunications Industry Ombuds- p.m.)—I move opposition amendment (1) on man—handled 75,904 complaints, of which sheet 4446: it investigated 59,850. The TIO has an an- (1) Schedule 1, item 11, page 19 (after line 31), nual budget in excess of $6.5 million and has after subsection 19ZA(2), insert: over 1,000 members. In very stark contrast, (2A) Notwithstanding subsection (2), where the Commonwealth Ombudsman handles a PPO meets the conditions specified in only 900 to 1,000 complaints every year for this section, it must apply in writing to Australia Post. As I said earlier, the state and the Postal Industry Ombudsman to be territory offices of fair trading have advised registered for the purposes of this Part that there have been only 37 recorded com- where: plaints about the delivery of postal services (a) the PPO comprises 20 or more em- by postal service providers other than Aus- ployees; and tralia Post. Quite simply, the reality is that (b) the PPO annual financial turnover this industry receives an entirely different threshold is greater than $1,000,000. level and nature of complaints compared to This is a straightforward amendment. As I the telecommunications industry. indicated in my remarks during the second I can only suspect that homework has not reading debate, this amendment seeks to ex- been done on this issue and that serious pand the jurisdiction of the Postal Industry thought has not been given to what a waste Ombudsman by requiring significant private of resources it would be to impose the ex- postal operators to join the scheme. This con- pensive TIO model on the entire postal in- trasts with the government’s approach to the dustry. Rather, establishing the PIO as a bill, which says that private operators can dedicated office within the Commonwealth choose to opt in to the scheme. The amend- Ombudsman’s office will ensure that the cor- ment inserts a new subsection into section rect balance is achieved between the protec- 19ZA of the bill to require private postal op- tion of the rights of consumers and the cost erators to register with the PIO if they have and complexity of administering the scheme. more than 20 employees and an annual turn- It will offer many of the same benefits as the over that exceeds $1 million. This should TIO but with a lower cost and the advantage capture major private operators like DHL of using existing expertise in the field. and UPS and improve the level of consumer In summary, the government believes that protection offered by the scheme. Mandatory this bill, as it is currently being considered, registration should not be a major financial will be beneficial for Australian consumers, impost for these large private postal opera- tors.
CHAMBER 4 SENATE Tuesday, 8 March 2005
As was noted during the second reading amendment will apply to only the larger or- debate, the costs of running the PIO are re- ganisations, as Senator Conroy pointed out. I covered from postal companies based on the note in particular that, according to Ibis number of complaints that the PIO receives World, the courier industry is dominated by relating to that company. Companies with small businesses, with nearly 75 per cent of high service standards are unlikely to have to management unit locations employing fewer make major contributions to the PIO. The than 10 people. So we are carving out a very government has argued that operators who large chunk of the industry. I would hope— do not join the scheme will still be regulated in fact, I would expect—that this amendment by state offices of fair trading. Where is John would make no difference to the government Howard’s centralism when you need it, Sena- because, as I said in my speech in the second tor Cherry! reading debate—which I hope the minister Labor does not believe that this is a satis- addresses—I would presume that the minis- factory justification for limiting the scope of ter already has the larger companies signed the PIO scheme. The growing significance of up. I would be disappointed if we were set- the major private postal operators means that ting up a PIO without having the larger com- users of their services should also be entitled panies already signed up. I do not think this to call on the services of the dedicated Postal amendment would create compliance prob- Industry Ombudsman. A PIO with a broader lems because I would be very disappointed if jurisdiction also has the potential to raise these organisations had not already agreed to standards across the entire industry. In addi- signed up. They should agree to sign up and, tion, Labor believes that it is appropriate that that being the case, it is far better to have Australia Post’s major competitors are also them all in rather than all out; otherwise, subject to the scrutiny of the PIO, so I com- frankly, there is no benefit in this bill. mend this amendment to the chamber. Senator COONAN (New South Wales— I again make the point that this is simply Minister for Communications, Information about trying to hold the government to its Technology and the Arts) (12.46 p.m.)—I own promise, made in the year 2001. Rich- will be very brief in responding to the ard Alston promised to deliver a robust PIO, amendment moved by Labor and supported similar to the Telecommunications Industry by the Democrats. The government will not Ombudsman. This government, after three be accepting the amendment. The opposition years, is trying to crawl away quietly from has moved an amendment which, if adopted, this commitment. This is a small and simple would result in membership of the Postal amendment, which is the minimum needed Industry Ombudsman scheme being manda- to make this a reasonable scheme. I urge tory for what might be described as ‘large senators to support this amendment and I private postal operators’, yet we have evi- even call on Senator Coonan to accept this as dence that there has been only something a reasonable proposition. Let us move for- like 37 complaints. It seems a very dispro- ward and hope this new jurisdiction works portionate reaction to then require everybody successfully on behalf of consumers. over a certain threshold to be subject to the scheme. That brings me to the point that I Senator CHERRY (Queensland) (12.45 have not heard very clearly articulated from p.m.)—The Democrats will be supporting the opposition in bringing forward this the ALP amendment. I note in particular that, amendment: why the threshold that is being because it excludes smaller organisations, the advocated for private postal operator mem-
CHAMBER Tuesday, 8 March 2005 SENATE 5 bership is there. It seems to me to be entirely does not warrant the disproportionate burden unsubstantiated. It is certainly an arbitrary of requiring all operators over a certain threshold and it is unclear just how many threshold to join it. For those reasons the operators would be affected. It seems to be, government will not be supporting the from the point of view of both the Democrats amendment. My view is that, even on reflec- and Labor, ‘big’ as opposed to ‘little’, but it tion and even if we can find out the answers usually has to be a bit more precise than that to these questions, there would need to be when you are developing policy. There is no much more policy work to look at the pro- indication of what will happen to operators posed threshold than is possible with an who do not comply; no thought appears to amendment brought forward at the last min- have been given to the mechanism for prose- ute and, I suspect, for dubious reasons. cuting who would be captured under the Senator CONROY (Victoria) (12.50 amendment; and there does not appear to be p.m.)—Senator Cherry, I am very disap- any evidence, at least not that I have been pointed but not surprised to hear that once able to see, to suggest that there is a greater again the government has caved in to its incidence of complaints against private large business mates and that it is interested postal operators comprising 20 or more em- in self-regulation. The fact that anyone who ployees and with an annual turnover of had a complaint with these organisations had greater than $1 million—that is, the thresh- nowhere to go seems to be a sufficient reason old—than any other service provider. It is a to say, ‘Well, there were almost no com- clear example of trying to score a point— plaints.’ How circular an argument can you policy on the run, without any clear policy get? But, as usual, this government has the rationale. soft touch—the light touch approach to regu- The government believes that the opt-in lation. That is what we are seeing again to- provisions of the scheme will be attractive to day. I hope that the government, if this a large number of private postal operators amendment passes—and there seems to be a who can use it, obviously if they wish, as fair chance that it will pass today—will take some distinguishing marketing aspect of it away and just think about it. It will not be their business. Indeed, it may be a marketing an impost. If complaints are as few as you advantage to postal service providers over say, Senator Coonan, there will be virtually their competitors. Registering with the no change to the way it operates. I urge you scheme may be attractive to all operators as to reconsider and urge all senators to support they could present it as a benefit to custom- this amendment. ers using their services, and it has the advan- Question agreed to. tage that the PIO would also serve as the Bill, as amended, agreed to. final arbiter for the resolution of difficult disputes, which obviously would be of bene- Bill reported with amendment; report fit to both the postal service providers and adopted. their consumers. Third Reading Once again, for the policy reasons that I Senator COONAN (New South Wales— have advanced, we think it is not appropriate Minister for Communications, Information to load up businesses with yet more obliga- Technology and the Arts) (12.51 p.m.)—I tions when there is a disproportionate policy move: need to respond to. As I have previously in- That this bill be now read a third time. dicated, there were 37 complaints and that
CHAMBER 6 SENATE Tuesday, 8 March 2005
Question agreed to. offences and penalties set out in the regula- Bill read a third time. tions ought to be contained in the principal act, not in the regulations, and attention is NAVIGATION AMENDMENT BILL 2004 drawn to this anomaly. The suggestion is that Second Reading the bill should have provided an opportunity Debate resumed from 7 March, on motion to bring about that consistency. The minister by Senator Hill: might care to address the reasons for that in That this bill be now read a second time. his or her response in closing the second Senator MARK BISHOP (Western Aus- reading debate. tralia) (12.52 p.m.)—The Navigation It is also opportune today to address some Amendment Bill 2004 is a minor regulatory matters on shipping policy. As Australians, bill which makes some technical adjustments we ought to be embarrassed about our either to the Navigation Act as it affects the safety disappearing or disappeared shipping indus- of ships at sea. The first two amendments in try. After all, we are almost totally dependent the bill simply remove an inconsistency on shipping for our export trade, and perhaps within the current law. The bill also removes a few facts should be outlined in order to set the uncertainty caused by a lower court deci- the context of my remarks. Of the world sion as to whether offences under the act are seaborne trade of 6,000 million gross tonnes, indictable or summary. To that extent the bill trade to and from Australia comprises almost is not controversial. nine per cent—quite a significant figure. The Another amendment relates to penalties. Australian industry’s part of that nine per Essentially, it will bring penalties in the cent is only 1.4 per cent—in other words, Navigation Act into line with those set out in about 85 per cent of our shipping costs are the Crimes Act. Instead of specifying finan- paid to overseas operators. The cost to Aus- cial penalties and jail terms specifically, the tralia, in those same net terms, is over $3.6 formula approach will be adopted. For ex- billion per year, and growing—almost 14 per ample, the Crimes Act provides that, if an cent of the current account deficit. As we all offence is expressed to be subject to a pen- know, the current account deficit is at an all- alty, no fine is specified. Instead, the maxi- time high, and is most likely to keep grow- mum fine will be five penalty units multi- ing. The trend for Australian participation is plied by the maximum prison term in downwards, with increasing foreign domi- months. In essence, the application of this nance and increasing losses of foreign ex- formula will help to standardise the Naviga- change. tion Act, although it will effectively increase The story is almost the same with insur- the penalties as well. This is a practical issue, ance. Very little insurance underwriting is and we on this side of the chamber support done by Australians. It almost seems that we the changes. have a fatalistic attitude that these are not There is, however, a matter referred to in native industries for ourselves. The question the Bills Digest. It concerns the relationship is exactly the same as in any other indus- between the principal legislation and the set- try—essentially in our secondary and tertiary ting of penalties in regulations. The point is industries. It is interesting, of course, to pon- well made, and it goes to consistency of ap- der that riddle, particularly in light of more proach. As this bill seeks to make all of- recent discussion as changes in the economy, fences under the bill indictable offences, the the net foreign debt and the current account deficit become more central to our future.
CHAMBER Tuesday, 8 March 2005 SENATE 7
In economic terms, transport cost is in- signs of a regenerating rail industry. But the visible—and one makes the obvious point in gaps between the two continue to be enor- passing that for this government that is a mous. We still have massive bottlenecks at most appropriate description. In addition to our ports, for example. It is not a new prob- what might be called a cringe mentality, in lem caused by the huge demand for coal or Australia we have always suffered the dead iron ore, which has been the subject of media hand of conservative forces in this area of reporting over the last three or four months. creation and maintenance of emerging indus- No amount of buck-passing back to the states tries. It is a matter of great regret that these can excuse the losses to the Commonwealth forces are strongest in government in the and, by definition, to all of us when the area of primary industry, which has always losses are national and apply across the been dominated by the National Party. It is board to every citizen living in this country. no accident that for many years the transport Getting a container released through Cus- portfolio has been captive to the National toms is as slow as it has ever been, largely Party, with few exceptions. Nor is it an acci- due to the processes put in train by Customs. dent that trade and industry portfolios have Of course, Customs is a Commonwealth again been dominated in this context over government agency. time by the National Party. Other Western nations have built new con- Given the huge power of that single tainer ports outside metropolitan areas. In vested interest, it is little wonder that trade, Australia, where nearly all mainland cities industry and transport policy in this country are growing areas, the main container ports is so skewed. Look at transport policy: are landlocked by suburbia. The crisis with whether it be road funding, rail investment or the bulk loading facilities has now, appar- shipping—both international and coastal— ently, caught everybody by surprise—but the purpose is the same. It is the user who is there should not be surprise. We simply do the sole beneficiary, not the industry provid- not have a comprehensive national transport ing the services or consumers who pay the policy. The current government’s response is costs at the retail end. There is not the slight- glib. They say, ‘Gee, yes, we do have a prob- est interest in transport industries per se; they lem, but congestion at our ports is a state are simply a crude cost. And if they are only problem,’ and they give the state govern- a crude cost, the obvious solution is to re- ments a flick in passing. But out on the Pa- duce the crude cost to the lowest possible cific Ocean there are hundreds and hundreds point. Yet we see that the cost of this policy of ships sitting at sea awaiting a berth, pay- direction to our economy in net terms is ab- ing tens of thousands of dollars demurrage solutely enormous. every day, and the government say it is not We therefore have a glaring double stan- their fault. If it were wheat or meat it would dard in that we choose which industries we not happen. They are not new problems. as a nation support, and that support, obvi- They are endemic in Australia simply be- ously, and in another context properly, is cause of the totally self-interested producer determined by those who are elected to gov- basis upon which transport policy is formed, ernment and those who are in power. In maintained and implemented. That is the terms of consequences it means that effec- way it has always been. So it is no surprise to tively we do not have a real transport policy anyone that the shipping industry currently is in this country. What we do have is a piece- in such a parlous state. meal of road funding and, belatedly, early
CHAMBER 8 SENATE Tuesday, 8 March 2005
There are some others who are account- policy on ship safety, and yet one of the big able for these appalling circumstances. Here issues is the safety of much of the interna- I refer to some of those more influential tional fleet which is used to transport Austra- economists whose thesis has long been based lia’s trade. The government’s policy means on the theory of natural advantage or natural that our coastline is increasingly being ser- comparative advantage: you concentrate on viced by tramps from around the world. what you are best at and you do not allocate The single-voyage permit system, as it is funds or resources to develop alternatives now administered, is about dumping services over time. Therefore we grow more meat and against the interests of local industry. It is no wheat and we dig more iron and coal—we wonder then that, since this natural advan- do whatever comes not necessarily easily but tage or comparative advantage argument has whatever comes naturally. By that attitude, taken hold, our coastal shipping trade has when international shipping is so cheap, we been decimated to the point where it is virtu- are silly not to take advantage of it, the ar- ally non-existent and, if one were a realist, gument goes. It does not matter if it is a almost impossible or impossible to revive. floating hulk of unknown ownership with a The scheme of single-voyage and continu- crew of virtual slaves travelling up and down ous-voyage permits has seen a reduction our major coasts. from 40 per cent to 25 per cent in the number So the theory of natural advantage is very of Australian flag ships plying our coastline. convenient. If it were applied to any other Of course, all the dollars involved in that industries we would have very few at all in have gone overseas. And so the story goes on this country. It also assumes that shipping and there is no end in sight. will always be cheap but, as we are now see- There are few countries in the world ing, that cycle has shifted. Freight rates have where cabotage is not fiercely protected, and gone through the roof and even more export that includes that great bastion of free trade, dollars are being lost through the added costs the United States. That is why we believe of shipping. Exporters are suddenly com- that we too should have a competitive ship- plaining as their added transport costs have ping industry. Many will know that coastal spoilt their competitiveness. Market forces shipping around Australia carries 30 per cent are wonderful when they run so strongly in of the non-urban freight task. Why is that the your favour, but it is a great excuse not to case? It is because, in the final analysis, it is have a policy. But now, of course, the conse- more efficient than both rail and road. For quence of the inaction of the last 10 years is example, the supply of petroleum products to that we are at the total mercy of overseas North Queensland is managed by two ships. providers, hence the question of why we For road transport, that is the equivalent of have no shipping industry of our own. 30,000 B double trips per year. So what can We in the Labor Party believe that we we do to get some policies in place to en- should have an indigenous shipping industry. courage the growth of our local industries? We cannot see why shipping should be dif- Firstly, and obviously, we need to get The ferent from any other industry. But it does Nationals out of the control room or out of need a policy and it does need a fair degree their dominance of industry, trade and trans- of leadership, and we suggest that they have port related portfolios. While ever they run both been absent over the last 10 years under those central portfolios we cannot expect a the current government. Indeed it is ironic rational or efficient approach in the genuine that this bill is about some minor regulatory
CHAMBER Tuesday, 8 March 2005 SENATE 9 national interest. Secondly, we need some For coastal shipping, the review found that changes to attitudes whereby some equiva- domestic operators were at a regulatory dis- lence is given to the regulatory and financial advantage to overseas operators using the environment in which an Australian industry single- and continuous-voyage permit sys- can grow, and grow successfully over time. tem. In doing that we need to recognise the re- The key element though is that foreign form already implemented in the 1980s by operators are not burdened by the Australian the then Labor government in shaking out a tax system, employment conditions or em- lot of the undesirable featherbedding that ployee costs. That is, shipping services are was occurring. Given access to modern tech- effectively being dumped in circumstances nology, there is no reason for Australian that would not be tolerated in any other do- crews not to be competitive with shipping mestic industry. However, I say again that from other Western countries. But it must be that should not surprise anyone because none said that there does need to be a level playing of these reforms, none of these changes and field. none of this desire to create an indigenous As we know, the government continues to shipping industry is in the least bit palatable stall in its response to the Independent Re- to the government. To them, any Australian view of Australian Shipping, which was shipping industry is a threat and, therefore, commissioned by the Australian shipping all other policy is subjugated to that prime industry in 2002—over three years ago. That need. report was presented to government in Sep- One asks the obvious question: what fu- tember 2003, and since that time there has ture is there for shipping? It seems to us that been no comment—only a stony silence— the simple answer is that, while ever we have from the government. Clearly, for the rea- The Nationals in control of these key policy sons I have set out, it is fair to say that there areas—transport, industry and trade—there is not the slightest interest. The conclusions is little hope. Other industries, like the manu- of that independent shipping review are quite facturing of agricultural chemicals, fertilisers instructive and worthy of serious considera- or any other primary industry need, also face tion. that same attitude. That is why the debate on The review observed that international a free trade agreement with major countries shipping is obviously a global market in such as China all of a sudden becomes so which Australian operators are encumbered interesting and fascinating—because, again, by constraints not faced by competitors. guess who is in control of policy? The debate Those constraints were described variously that will come with the free trade agreement as: the inability to choose a ship register of with China and the current debate that we are their choice because of the provisions of the having on shipping policy are indeed sad Shipping Registration Act; the inability to ones—firstly, because it is so vital for our recruit and retain Australian officers at inter- country that we do something other than nationally competitive terms, due to the op- bend before the self-interested sectional in- eration of the tax act; and an in-built preju- terests that dominate these areas of policy; dice or bias against an indigenous Australian and, secondly, because we need to grow and shipping industry. In simple terms, the reme- get past attitudes, which may have had some dies recommended were the removal of these strength or relevance one hundred years ago, constraints but stopping short of any policy whereby we deny ourselves opportunities requiring government grants or subsidies. into the future. It is simply time for change
CHAMBER 10 SENATE Tuesday, 8 March 2005 and it is time for the development across-the- be contained in the parent act to enable the board of some serious transport policies that parliament to scrutinise the laws being made. are truly nationally focused and nationally The large numbers of laws made through orientated and that give national outcomes as regulation and disallowable instruments no opposed to narrow sectional or purely pro- doubt mean that some will go unnoticed, ducer outcomes. except perhaps by a few who may or may not We must say that at this stage there is a se- have any knowledge in the specific area of rious vacuum, and you would be very gener- law being dealt with. Often we wonder ous indeed to suggest that there is any sign at whether that suits government and we won- all that change will occur over the next two der whether the government leaves the detail or three years. The obvious forecast— to regulations because it wants that detail to although not the hope—is that our shipping go unnoticed. Our view is that detail should industry will be allowed to wither and we be scrutinised by stakeholders and the par- will continue to pay increasing amounts in liament wherever possible. As this bill deals both real and normative terms to foreigners with section 258, it would have been a per- to ship out the goods we produce. Unfortu- fect opportunity to tidy up this anomaly, to- nately, that is the bottom line in this debate. gether with some of the other anomalies that Senator ALLISON (Victoria—Leader of might also have been dealt with. We urge the the Australian Democrats) (1.11 p.m.)—The government to do the necessary work—to Navigation Amendment Bill 2004 makes a find those sections where regulations should few minor amendments to the Navigation be brought into the parent act and to take the Act to clarify certain legal points and remove action required to make that happen. The certain anomalies. Schedule 1 of the bill Democrats will support this bill unamended. clarifies that certain offences under the regu- Senator IAN CAMPBELL (Western lations shall be indictable offences. This fol- Australia—Minister for the Environment and lows a ruling by the Victorian County Court Heritage) (1.13 p.m.)—I thank both Senator that offences relating to the failure to display Bishop and Senator Allison for their contri- lights on a ship in order to avoid a collision butions. I think Senator Bishop’s contribu- should be treated as summary offences. The tion ranged a long way wide of the very sen- bill removes references to nautical assessors, sible amendments in the Navigation which became redundant some 15 years ago. Amendment Bill 2004 which, from the short Nautical assessors, as I understand it, were briefing I have had in relation to this, seem once appointed to advise a court in matters to seek to address issues raised particularly dealing with offences against regulations. by the Victorian County Court decision of The bill also brings penalties into line with November 2003 and some related matters. the Guide to Framing Commonwealth Of- But I cannot let my summing up go by with- fences, Civil Penalties and Enforcement out addressing the issues of transport plan- Powers. Section 258 of the Navigation Act ning in Australia that were raised by Senator sets penalties of up to $10,000 or two years Bishop. Having worked alongside the Minis- in prison for offences relating to collisions, ter for Transport and Regional Services and lighting and signals. However, the details are leader of The Nationals, John Anderson, in left to regulations. Under the Guide to Fram- the development of the AusLink policy that ing Commonwealth Offences, Civil Penalties was announced last year, when I was still in and Enforcement Powers, serious offences that portfolio, I would say that I only agree punishable by penalties such as these should with Senator Bishop to a certain extent. The
CHAMBER Tuesday, 8 March 2005 SENATE 11 efficiency of the Australian economy and the you, Mr Acting Deputy President Brandis, as efficiency with which we can deliver goods a Queenslander, and Senator Boswell, who is to our ports and then goods to the rest of the in the chamber, would know the sort of world, be they bulk goods or manufactures, chaos that the Queensland government has comes down to having an integrated trans- put in place, with its lack of long-term plan- port plan. ning around the south-east Queensland re- In fact, under the leadership of John gion and the lack of a plan that allows for the Anderson, AusLink was the first serious at- massive growth that is taking place around tempt at creating a national transport plan south-east Queensland and the greater Bris- that seeks to increase the efficiency of Aus- bane area and can see what that is doing to tralia’s transport system. It not only created a Queensland. very comprehensive and sensible policy In Western Australia successive federal framework that sought significant new in- and state governments have funded a major vestments in rail and road infrastructure to link between the industrial areas out to the make it as efficient as possible, but it also east of the airport and the port, linking the saw a significant increase in the Common- hinterland of Western Australia to the port of wealth’s investment in that infrastructure and Fremantle through a major construction work took investment in road and rail on to a new known as the Roe Highway and the Freman- five-year framework, recognising the fact tle Eastern Bypass, to effectively get large that investments in major infrastructure are trucks out of suburban Fremantle. This pro- not things that naturally fit into a three- or ject was funded by both political parties at four-year budget cycle. AusLink, for the first the Commonwealth level, and it has been time, has put transport planning into a far supported by previous administrations at the more sensible and coherent structure but has state level. It has been a bipartisan plan to also put it on a long-term and substantive build this long-needed link in Western Aus- funding structure. As I recall, the increase in tralia, and it really is emblematic of the prob- funding for both rail and road projects was in lem we have with transport planning in Aus- the order of $12 billion over that period. tralia. What you find—and I follow this debate Previous state and federal governments closely because I regard Australia getting put hundreds of millions of dollars into more goods out to the market as absolutely building this long link—some tens of kilo- pivotal to addressing the current account metres linking Fremantle with the eastern deficit—is that the people of the world want hinterland—and getting it designed to make to buy Australian goods, but a lot of these sure trucks can get into the port quickly and artificial barriers and constraints on the efficiently. From memory, if the Roe High- economy were created by a lack of good in- way project is completed—and it certainly tegrated transport policy planning in the past. will not be completed in the next four years, You only need to look in Senator Mark because the state Labor government has Bishop’s home state of Western Australia and halted it—it would get rid of 24 sets of traf- see the transport chaos that is being wreaked fic lights for a truck moving from Midland on that state by his comrade the minister for and the east down to Fremantle. Any envi- transport in Western Australia, Ms Alannah ronmentally minded person would recognise McTiernan, to see just how culpable that that having a truck starting and stopping 24 state government is. It is indicative of state times with a full load while heading to a port governments around the country. I am sure is an environmental disaster in terms of both
CHAMBER 12 SENATE Tuesday, 8 March 2005 greenhouse gas emissions and all of the other think of Roe Highway stage 7 as similar to pollutants that get emitted every a time a that situation in The Truman Show. You have truck puts its brakes on and has to go through this road that just stops. If some sensible a dozen gears to get back to normal speed. state government does not complete the link, That is a disaster. What Western Australia future generations will always wonder why has done after successive governments— they have this magnificent road that just Senator McLucas—They won the elec- stops. To understand, they will have to look tion. back at the politics of Western Australia of the last three or four years and the one mar- Senator IAN CAMPBELL—It tran- ginal seat that got in the way of this great scends the politics of an election, it really piece of infrastructure. does. It is something that transcends this de- bate because it applies right across Australia. That is a reality around the country—we One day, when Senator McLucas is an age- are going to have short-term political consid- ing minister in a future Labor government, erations. AusLink, I have to say, is the best she will have to contend with this as well. opportunity we have to get past them. I tell Ultimately, if we do not get that conjunction Senator Bishop that I watched very closely of federal and state long-term planning right, when the previous opposition spokesman on then Australia will be held back, Queen- transport, Martin Ferguson, was chasing me slanders and Western Australians will be held around the country when I was roads minis- back and all those other less important peo- ter. He was promising whatever I promised ple in the rest of the states will also be held and then adding 10 per cent to it. He kept on back. It is very important we get this right. promising a national land transport plan and I was genuinely looking forward to it. In I use the example of this particular road in fact, I had a bit of trepidation because I Western Australia because it is very clear in thought that Martin Ferguson might actually my mind and because it is emblematic of a come up with a land transport policy. We had problem that is replicated from Ipswich to put our heart and soul into AusLink. We had Brisbane and in many areas of south-east put a hell of a lot of money into it. Yet all Queensland. This road—the Commonwealth that Mr Ferguson seemed to do was to follow and state funded Roe Highway—has gone me around. Wherever I promised to spend a through stages 1, 2, 3, 4, 5, 6 and 7, and it is bit of money on the Calder or the Ipswich creeping towards Fremantle. It is a magnifi- Motorway, he would always come along to cent piece of road infrastructure which really the same seat and promise to spend 10 per would transform the efficiency of that port cent to 15 per cent more. He kept on promis- and create great outcomes for the Australian ing a national land transport plan but it never economy, but for very short-sighted political came out during the election. I kept on ask- reasons the state government decided to stop ing the people in our campaign headquarters the road as it got to a key marginal seat. whether Martin Ferguson had released his Those of you who have seen The Truman policy yet, and the answer was always no. Show, starring that magnificent comedian Nothing ever came out. It was just a mish- and actor Jim Carrey—and those of you who mash of bandaids and electoral promises de- have not seen it, please go and see it—will pending on which marginal seat he was visit- remember Jim Carrey sitting with his mate ing. on the edge of a beautiful piece of road So it is slightly hypocritical of Senator throwing cans off the end of it. I always Bishop to be talking about the lack of an in-
CHAMBER Tuesday, 8 March 2005 SENATE 13 tegrated transport policy. The reality is that, has done the country a service. I commend under the leadership of John Anderson and the bill to the Senate. this government, with AusLink we now have Question agreed to. a substantial transport plan. It is not just Bill read a second time. about building more roads. It is about mas- sively investing in rail infrastructure, catch- Third Reading ing up on massive underinvestments in both Bill passed through its remaining stages road and rail in past years and investing bil- without amendment or debate. lions of dollars in links around our ports— NATIONAL HEALTH AMENDMENT and that will benefit shipping by improving (PROSTHESES) BILL 2005 the efficiency of shipping in and out of and Second Reading around Australia. Debate resumed from 7 March, on motion The other thing AusLink does, as I said, is by Senator Hill: massively increase investment at the Com- monwealth level. One of the simple things That this bill be now read a second time. the states could do, rather than having a spat Senator McLUCAS (Queensland) (1.25 about who spends what on infrastructure, is p.m.)—The National Health Amendment simply agree in the next round of budgets to (Prostheses) Bill 2005 amends the National match the funding increases that the Com- Health Act 1953 to allow the minister to de- monwealth have put in through AusLink. termine prostheses that are going to be cov- That would be a good compact. I make that ered by health funds with no gap payable and challenge today in the context of this speech prostheses which are to be covered by health in the second reading debate on the naviga- funds but for which a gap will be payable by tion bill: why don’t the states simply match the health fund contributor, and to determine the funding increases that the Common- the minimum and maximum benefit amount wealth are putting into road and rail infra- listed for each gap permitted prostheses. In structure through AusLink in the next five making these determinations, the minister years? That would see a massive increase. may take into account advice from experts in In Queensland, for example, we have in- the area of prostheses and in the health in- creased funding by, from memory, 61 per surance industry. cent. In Western Australia, we have increased This bill requires that health funds must funding by about 76 per cent. In Victoria, provide no gap cover for at least one pros- from memory, there has been just over a 100 theses in relation to every in-hospital proce- per cent increase in road and rail spending by dure for which a Medicare benefit is payable. the Commonwealth. Quite frankly, if the The stated aim of the bill is to enhance the states simply matched those AusLink in- value of private health insurance and in- creases, signed up to AusLink, stopped all crease choice for consumers—and I will say their squabbling about the construction code more about the stated aim at a later point. and got some of this money onto the ground The estimated savings from this measure are as quickly as possible then many of the con- $4.3 million in 2005-06 and $20.6 million in straints that are referred to in newspaper arti- 2006-07, based on an implementation date of cles about the current account deficit could 1 April 2005. It is interesting to note that the be abolished very quickly. To that extent, earlier bill that was introduced prior to the Senator Bishop, by raising the debate today, last election proposed savings of $61.9 mil- lion over four years based on the same im-
CHAMBER 14 SENATE Tuesday, 8 March 2005 plementation date, 1 April 2005. That being need some changes in this area, and we ac- said, this measure originally featured in the knowledge that. The system that we have 2003-04 budget, which identified savings of needs an overhaul. But there are many ques- up to $49.6 million, with an implementation tions regarding the capacity of the legislation of 1 July 2003. I make that point simply to that we have in front of us to bring about the say that the figures seem to be moving required change. In April 2003 the Howard around a little bit. government announced the introduction of a This bill was first introduced into the par- range of reforms to: liament on 12 August 2004. However, it … make private health insurance more efficient, lapsed when parliament was prorogued for competitive and deliver better value for money the election. The bill varies from the original for members. bill only in some relatively minor technical They claimed that this set of reforms would aspects, although some of these may, in La- tackle supply costs, with their subsequent bor’s view, impact on patient costs. From the pressure on premiums, by seeking to rein in beginning, the Labor Party has expressed the costs of prostheses and eliminating the real concerns about this legislation. We have second tier default benefit—which ensures expressed concerns for a very transparent that there is a reasonable private health reim- reason: that the premise of this bill, ostensi- bursement level, even when a fund does not bly, is about saving money for the govern- have an agreement with a hospital—for all ment and for the health insurance industry. but a few small rural and remote private hos- Doctors groups, including the AMA, have pitals. been consulted and so has the hospital sector, In the 2003-04 budget the government es- both public and private. However, it is obvi- timated savings from these proposals at ous that the major impact of this legislation $49.6 million over four years. But the de- will be felt by patients because they very partment unfortunately could not provide us well may have less choice and certainty and a further breakdown of how those savings face more out-of-pocket costs. But it is not would eventuate. It was clear to us then, as it an issue that consumers have been made is now, that these initiatives are being driven aware of. I acknowledge the difficulty in by the private health insurance sector, not by doing this. It is not until we face having to consumers. As a result of questioning from access prostheses that we, as an individual or Labor on these issues and a push from the a community, truly understand what the cost private hospitals and the doctors’ groups on of that might be. It is only when you have to the licence given to the private health insur- have a hip replacement or a new heart valve ance industry in the proposal, the govern- or a stent to clear your arteries after a heart ment finally rescinded the decision to abolish attack that you truly understand the cost of the second tier default benefit. Therefore, the prostheses. bill in front of us is dealing with only the Patients are being ignored by this legisla- remaining prostheses commitment, first an- tion—which, unfortunately, is typical of this nounced in the 2003-04 budget. government. There is nothing in the bill that In terms of how private health insurance ensures that a patient is informed about their currently covers the cost of prostheses, as it out-of-pocket costs, and there is nothing in stands, there is a list of items—known as the bill that ensures that any savings that ‘schedule 5: benefits payable in respect of may be made by the health insurance funds surgically implanted prostheses, human tis- will be passed on to consumers. We clearly
CHAMBER Tuesday, 8 March 2005 SENATE 15 sue items and other medical devices list’— eventuated, add further pressure on the costs that health funds must fund for privately in- of utilisation. Secondly, many of these new sured patients. Manufacturers or suppliers of technologies and new devices will generate prostheses must apply to the Commonwealth cost savings because people require less time Department of Health and Ageing for the in hospital recuperating or require fewer re- prostheses that they supply to be included on placements. As technology is developing, the list. The department subsequently assess prosthetic knee devices, for example, have a the application against specific criteria. If a longer life span so the likelihood of needing prosthesis is listed in schedule 5, private a replacement one is limited. Thirdly, but to a health insurance will cover the full cost of far lesser extent, is the increase in supplier the prosthesis and there is no gap. costs. An expert committee, the Private Health In Labor’s view, the new process for the Industry Medical Devices Expert Committee, determination of which prostheses will be oversees the listing of prostheses in schedule listed as ‘no gap’ or ‘gap’ and the pricing 5. The committee comprises representatives structure that will be assigned to each cate- of consumers, the medical profession, private gory under this legislation is untested and hospitals, private health funds, prostheses extremely complicated. There is nothing here manufacturers and the government. A fre- that ensures that more than one product is quent and quite justified complaint about the listed in each ‘no gap’ category or that new system is that each fund is required to notify technologies are considered as they become each hospital which prostheses they will available. The likely consequence is—and cover the cost of. The choice of prostheses, this is the view of some in the sector—that as we know, is generally made by the doc- only the oldest and the cheapest products tor—hopefully in consultation with the pa- will be listed as ‘no gap’. The current system tient. The level of cover, though, is provided for regulating prostheses, and particularly for by the fund, and either the hospital or the evaluating their cost effectiveness, has been patient is left to fund the gap. limited, and there is little by way of inde- Industry data reveals that in the year to pendent data on which to base decisions in June 2003, prostheses costs to the private the future. Nor is there anything to ensure health insurance industry were $546 million, that patients are provided with choice or that up 24 per cent from the previous year, so you the savings are passed on to consumers, can tell this is a growing area of cost. The through a decreasing rate of premium in- growth of new technologies makes prosthe- creases, although that is the stated intent of ses the fastest growing sector of private the policy. In fact, the most likely outcome is health insurance cover and an area that that patients will have less choice or will pay makes the private health insurance funds more out-of-pocket costs for medical proce- keen to reel in. Three factors are driving the dures involving prostheses. increase in prostheses costs for private health My colleague Senator Moore will talk insurers. Firstly, the largest factor is the in- about the ‘hopeful’ legislation. I had to use crease in utilisation. More people are using that line; it is a beautiful line. This is very their private health cover to have, for exam- hopeful legislation, and during the inquiry ple, cataract surgery or to have the hip re- we heard from many witnesses that they placement that they need. The government’s hoped that this would be the outcome that we plan to have more people aged 65 and over would achieve. I spoke in the chamber last take out private health insurance would, if it night about needing good data and good
CHAMBER 16 SENATE Tuesday, 8 March 2005 modelling on which to make decisions that ber, and given the level of uncertainty asso- are expensive and that impact on both public ciated with the implementation and the me- and private costs. I expressed a view about dium-term effect of the bill, Labor moved a the legislation we were debating last night second reading amendment which called for that making public policy requires good re- a review of the bill after 1 July 2007. This is search and good data. This bill is in the same consistent with the view of a number of bucket as the aged care bill that we looked at submissions to the Senate committee and last night that did not have very much data to underlines the department’s statements dur- support it. ing the hearing which noted that the govern- I am afraid to say that, while the Howard ment has given a commitment to commence government seemingly has a policy intent, a review two years after full implementation the fact is that this legislation may very well of the new arrangements. not be able to deliver that policy intent. On Labor’s amendment also called for the re- the one hand, the government is champion- view to report in a timely manner, by 1 Oc- ing private health insurance as being about tober 2007, for this review to be tabled by choice but, sadly for consumers, this bill will the minister and for the conduct of the re- limit choice and, in our view, increase out- view to not be unduly influenced by the pri- of-pocket costs. The government is involving vate health insurance sector and to have itself in an endless series of contradictions on strong representation from consumers. This health policy: it wants more people to take amendment ensures that the issues associated out health insurance but not to use it, it with this bill that remain outstanding do re- promises more choice and then joins with the main on the table and that the appropriate private health insurers to limit that potential checks and balances and evaluations are in choice, it talks about the need to address the place. In other words, we can be sure that we issues of healthy ageing but wants older Aus- are enacting good health policy for the bene- tralians to pay more for their cataract surgery fit of all Australians. or their hip replacements, and it wants the Senator ALLISON (Victoria—Leader of savings from reining in private health insur- the Australian Democrats) (1.40 p.m.)—The ance costs but does nothing to ensure that National Health Amendment (Prostheses) these are handed on either to consumers or to Bill 2005 aims to introduce some cost con- the budget through the 30 per cent rebate. trol into private health care and reduce cost Labor recommended that this bill go to the pressures on health insurance premiums. The Senate Community Affairs Legislation government has argued that the growing Committee to allow for public discussion on costs to health funds of covering prostheses the implications of the bill. The report of that and medical devices over the past 10 years committee confirmed Labor’s fears with re- have placed substantial upward pressure on gard to choice for consumers. While there private health insurance premiums, and it is appear to be some steps in place to establish certainly true that health insurance premiums guidelines, codes of conduct and standard have risen. They have risen on average by forms for doctors to assist with the provision about seven per cent over the past four of appropriate information to patients, Labor years—a rate two to three times the con- is not convinced that these processes are suf- sumer price index. In April 2002, they rose ficiently established or tested. Given the by 6.9 per cent; in March 2003, 7.4 per cent; level of hope that was expressed in that re- in March 2004, 7.82 per cent; and in March port and that will be expressed in this cham-
CHAMBER Tuesday, 8 March 2005 SENATE 17
2005, 7.96 per cent. In fact, health insurance prostheses. Prosthetic items whose price is fees have risen 30 per cent since 2001. considered by an industry committee to fall One thing that has been constant as far as outside a cost-effective range will end up on private health insurance is concerned is the the gap list. The idea is that suppliers will be increase in premiums. It is also true that, fol- more likely to agree to lower prices than face lowing the government’s deregulation of the possibility that their device may end up prostheses in 2001, the total benefits paid for on the gap list and become unattractive to prostheses have risen rapidly. In 1989-90, 15 patients and their doctors when compared to years ago, prostheses accounted for 1.7 per similar devices that would not carry a gap. cent of total hospital benefits, whereas they These lower prices will mean savings for now account for 12 per cent of hospital bene- health insurance funds, and extra costs asso- fits. In the two years from 2001-02 to 2003- ciated with the devices on the gap permitted 04, the growth in prostheses costs has been list will be met by the patient, not by the 29 per cent. Having let the price inflation health fund, adding to the savings the funds horse bolt from the stable, as it were, it is will make. certainly not before time that the government The question is: will private health insur- has looked at this issue. ance premiums stop rising at the phenomenal This is a reasonably complex bill which rates of the last few years? The relationship has the potential to introduce some cost sav- between private health insurance premium ings for the health insurance industry and, growth and prostheses has clearly been one consequently, for people who pay health in- of the driving forces behind the legislation. It surance premiums. But there are risks for is thought that the growth in prostheses alone consumers. There is nothing in this bill that is responsible for two per cent growth in pri- will guarantee that any savings made by in- vate health insurance premiums each year. surance funds will be handed on to consum- However, as I said, there is no guarantee that ers; there is nothing in this bill that will this bill will have any substantial impact on guarantee that a patient is informed about controlling the costs for prostheses or, if it their out-of-pocket costs; and, of course, does, that these savings will be passed on. there is a great chance that the consumers— There are three main drivers for increasing the patients themselves—will pay more. costs. First, there is an overall increase in It would seem to be that there is general volume due to advances in surgical tech- agreement amongst the majority of groups niques and anaesthetics. Prostheses are now that reform is needed in relation to current put into younger and older people than pre- arrangements for the provision of private viously and they are available for more con- health insurance benefits for prostheses. The ditions. This is not necessarily a bad thing as bill tackles that issue by essentially propos- the use of prostheses can mean improved ing the introduction of a system similar to quality of life, overall savings in health costs that used by the PBS to address pricing of due to shorter hospital stays and reduced drugs. With that system, the PBS pays for the recovery time following surgery. Secondly, least expensive clinically effective drug and, the cost of prostheses has also been driven if companies insist on charging more than up by new technologies, including the devel- the benchmark price for a particular drug, the opment of prostheses for conditions which patient has to bear that cost. Similarly, this used not to exist and ‘me too’ technologies bill will introduce gap and no gap lists of that essentially do the same thing as older versions but cost a lot more. Thirdly, price
CHAMBER 18 SENATE Tuesday, 8 March 2005 inflation also has had a role to play in in- cent but, of course, that cannot be guaran- creasing the cost of prostheses. teed. It is guaranteed that there will be at As I said, this legislation only deals with least one product with no gap for each pro- the latter issues; therefore it may have a lim- cedure related to an MBS item. But, if pa- ited impact on reducing costs to health funds tients choose to have other medical devices and subsequently a limited effect on keeping or prostheses, they will pay more. premiums down. The government’s own pro- Like legislative arrangements concerning jections of savings to expenditure on the 30 other potential gaps, such as doctors or hos- per cent private health insurance rebate from pital costs, there are no legislative require- the effects of this bill are a very modest ments to ensure informed financial consent. $24.9 million across the two years from We are well aware of the many cases of peo- 2005-07. The Parliamentary Library Bills ple who believe that having private health Digest for this bill estimates that savings for insurance will give them cover for the cost of 2005-06 represent less than one-half of one their treatment, only to find that, when they per cent of current expenditure on the rebate. do go for treatment having made that deci- Of course, there are many factors which im- sion, they are faced with substantial bills. pact on the premiums. The cost of prostheses The 2004 Private Health Insurance Om- is only one. Other factors are still likely to budsman report states that consumers gener- result in health insurance premium rises in ally do not have a good understanding of the future. how much it costs to be treated in a private There is concern about informed consent hospital. If a health fund member finds they and out-of-pocket costs for patients. The new are not fully covered by their health insur- arrangements have the potential to substan- ance, the amount of money involved can tially increase out-of-pocket costs for pros- come as an unpleasant surprise. theses for privately insured individual con- PHIAC statistics for the June quarter of sumers. I say ‘potential’ because we do not 2004 showed that around 20 per cent of in- know how many of the roughly 9,000 items hospital medical services provided to pa- currently listed would end up on the gap tients involved out-of-pocket costs. That permitted list. The more items that go onto means a substantial minority of people are the gap permitted list the greater the likeli- already facing out-of-pocket costs, and we hood that people will face a gap. There is can assume from the complaints made to the also a risk that allowing the introduction of ombudsman that some of these people have gap permitted prostheses might lead to a dif- not been well informed about these costs. ferential quality of care based on ability to The AMA has made strong statements that it pay if prostheses that end up on the gap per- is not the responsibility of doctors to ensure mitted list are of a higher standard than the that patients are informed about the costs that non-gap prostheses. flow to them because of the existence of the At this point in time it is not known how legislation. But the question is just whose many frequently used devices which would responsibility it is. Hopefully, as part of a previously have been provided at no cost to clinician’s decision-making process they will privately insured consumers will attract that take into account the cost effectiveness of gap payment. It is assumed that the vast ma- particular prostheses when deciding which is jority of prostheses will be on the no gap list. right for a patient. It is essential that doctors The government suggests it will be 80 per are well informed.
CHAMBER Tuesday, 8 March 2005 SENATE 19
Failure to obtain informed consent can cise control over the quality, quantity or ap- have substantial consequences for consumers propriateness of care provided and private and there is clearly good intent among indus- health insurance has led to an overall in- try stakeholders to ensure that patients are crease in health utilisation as there are few appropriately advised and informed of any limits on expenditure growth. If the govern- potential gaps they may face. Given that ment is to continue with its obsession with there is no legislative requirement for inde- privatisation of health care, despite the pendent monitoring or review of the ade- plethora of evidence that the greater the de- quacy of informed financial consent proce- gree of privatisation in health, the greater the dures following the introduction of these cost of health care to the population as a processes, it would seem important that there whole, it at least has the responsibility to is this element in the new arrangements. make sure that costs are contained within Independent review of the extent of out- that sector. of-pocket costs faced by consumers for their Senator MOORE (Queensland) (1.52 prostheses would be very valuable, particu- p.m.)—I was fortunate enough to be a mem- larly given experience with the PBS system ber of the Senate Community Affairs Legis- and the high proportion of people facing lation Committee, which the National Health premium charges for medications. The De- Amendment (Prostheses) Bill 2005 was re- mocrats will support the Labor amendment ferred to earlier this year. Until that time, that puts in place that review. We will also ‘prostheses’ was but a term to me. I had support the call for this legislation to cover heard about the legislation and had read up prostheses implanted by a podiatric surgeons. on it, but when I was given the opportunity I understand Senator Lees will move that to sit with this committee I became more amendment. As we have argued before, there aware of not only the number of people for is evidence that treatment outcomes for foot whom this was an interesting point but also conditions treated by podiatrists and podiat- the number of members of the Community ric surgeons are in many cases better than Affairs Legislation Committee who had when these conditions are treated by ortho- prostheses themselves. They self-identified paedic surgeons and other types of physi- before the committee started, and I found cians. Podiatric surgeons may also provide a that particularly interesting. I myself do not more cost-effective service than orthopaedic have any devices currently, so I can speak surgeons. Patients who wish to use the ser- with openness on this topic. vices of a podiatric surgeon should not be In terms of the information we have had, forced to use orthopaedic surgeons or pay my colleagues in the Senate have talked out-of-pocket costs simply because their about the technical aspects of this bill. I want health insurance fund does not have cover- to concentrate on a few points which I think age for a prostheses if it is implanted by a we need to consider when we are looking at podiatric surgeon. passing this legislation. As Senator McLucas In conclusion, it is encouraging to see the mentioned, I have referred to the committee government beginning to address the issue of as the ‘committee of hope’ because, whilst cost control in the private sector. We hope we had 12 submissions and a number of that this is the first of many such measures people gave evidence before the committee, along these lines. The 2004 OECD paper the one common theme that we heard was examining private health insurance in Aus- that everybody really ‘hoped’ that this legis- tralia reported that private funds do not exer- lation would work. Everybody really hoped
CHAMBER 20 SENATE Tuesday, 8 March 2005 that there would be some containment of, paid. The anticipated savings are significant. some acknowledgment of and some im- I believe that they are almost essential in provement in the way this issue was being terms of where we are going as a community. handled in our community. Reflecting that But what worries me deeply is that the intro- hope, there was also genuine agreement that duction of the legislation is based on hope. what was happening currently was not good. The actual details are not yet clear. In fact, We heard, for instance, from the Australian Catholic Health Australia made that com- Private Hospitals Association, which said: ment in their submission, which they fol- Reform of these existing arrangements is there- lowed up with evidence as witnesses to the fore not optional, it is essential. committee. They said: We heard that it was absolutely critical that Not all of the detail has yet been worked out and we as participants in this government looked we are yet to see what the outcome of the new effectively at the way legislation would be arrangements will mean in terms of the extent of introduced so that there would be some real gap payments that consumers may face. understanding of the way the budget would They went on to say: operate and so that the medical profession, Nevertheless we believe that the goodwill dis- the hospitals and all those people who had an played by all parties to date and the consultative interest in this area would be able to cooper- processes in place should provide comfort to Sen- ate to ensure that we had the best possible ate that the Bill should be supported. system. In the submission from the Depart- I truly hope that the Senate can be comforted ment of Health and Ageing—and this was by those processes, but it always concerns also reflected in the explanatory memoran- me as a member of this place when we are dum to this bill—we heard about the issue of asked to agree to legislation when the details cost. Of course, that is important. The De- are not clear and when we rely on the good- partment of Health and Ageing said: will of all participants to achieve it. Certainly Prostheses have been identified as one of the ma- something that all the people who appeared jor cost drivers of health insurance premiums. before our committee shared was goodwill, Current rates of growth in prostheses costs are because there was hope that these processes estimated to contribute around 2 per cent a year to would operate. Nonetheless, it seems to be a total premium growth. There was an annual aver- precarious way to move through the process. age 29 per cent increase in prostheses benefits Up until now, people in the community paid in 2003-04 compared to 2000-01. Benefits paid in 2003-04 totalled over $647 million. having these surgical procedures could have confidence that their costs would be paid for That is in payment to people who made any devices apropriately used in surgical genuine claims for surgical processes which procedures. The change is that there will now included devices—and I hope to use that be gap payments in some cases. Gap pay- word for the rest of this speech. I only caught ments are not new to the Australian commu- that one during the committee hearings. I nity. As was submitted to our committee, gap think I would have used that word much payments are standard in so many parts of more commonly if I had known that earlier. our medical system. The real issue here, The expectation is that the new arrangements though, is that up to now there has not been a the changes that are before us are expected to gap payment for this procedure. Now there make a significant contribution to reducing will be. We do not know how large the gap the pressure on health insurance premiums will be. That provides a great deal of concern by limiting the rapid growth in benefits being for all those who are part of the industry and
CHAMBER Tuesday, 8 March 2005 SENATE 21 all those who feel that they will probably Senator PATTERSON—I can hear peo- need a device in the future—and it probably ple on the other side shouting, ‘That’s not the concerns the minister. No-one wishes to question.’ They do not want to hear the good make significant changes to legislation, in- news. They do not want to hear that more cluding cost factors, without knowing ex- women are in education than before. They do actly what the gap payments will be. I think not want to hear that more women are par- that is something that should be more a real- ticipating in the work force. They do not ity than a hope. want to hear that there are fewer families Debate interrupted. with parents out of work. They do not want to hear that, because of strong economic QUESTIONS WITHOUT NOTICE management, we have been able to ensure Women: Government Policies that more women are in the work force and Senator STEPHENS (2.00 p.m.)—My more women are receiving pay. We have question is to Senator Patterson, the Minister seen, for example, with some of the initia- Assisting the Prime Minister for Women’s tives we have put forward, particularly the Issues. Is the minister aware that, of the 1.6 superannuation bonus, that the people who million workers whose pay is subject to the have benefited most have been women. La- minimum wage under state and federal bor do not want to hear that. They do not awards, 965,000 or 60 per cent are women? care and they do not want to acknowledge Further, is the minister aware that over the the achievements of women in Australia. last nine years the Howard government has Senator Ferris interjecting— opposed every single wage claim for an in- Senator PATTERSON—Senator Ferris crease in the minimum wage for these asks how many women were unemployed. women? Minister, do you support the gov- The vast majority of those unemployed were ernment’s proposal to change the mechanism women. Women have now increased their for setting the minimum wage which protects participation in the work force and increased the income of these low-paid women? their participation in apprenticeships. We Senator PATTERSON—Despite my have increased the number of apprentice- feelings sometimes for people on the other ships significantly—I have forgotten the ex- side of this chamber, I wish all the women on act percentage, but it is an enormous in- the other side and my own colleagues a very crease—and many of the people in appren- happy International Women’s Day. It is a ticeships are now women. You want to talk special day on which we celebrate the about the minimum wage and the increase in achievements of women. We celebrate the wages. When we have a strong economy, achievements of women in Australia, where businesses employing people and a third of we have seen increased participation in the people in small business are women, we are work force and, despite what the spokesman seeing women making economic progress. on the other side has been saying about aver- But Labor do not care tuppence about that. age weekly earnings, we have seen a reduc- Senator STEPHENS—Mr President, I tion in the gap between women’s average ask a supplementary question. Minister, I did weekly earnings and male average weekly ask you whether you supported the govern- earnings. Last week we saw average weekly ment’s proposal to change the mechanism for earnings of women increase at a higher rate setting the minimum wage which protects than average weekly earnings of men. the income of these low-paid women. Opposition senators interjecting—
CHAMBER 22 SENATE Tuesday, 8 March 2005
Doesn’t the Howard government’s proposal can the minister advise the Senate of the expose these 965,000 women, the country’s government’s achievements for women in poorest working women, to even greater un- Australia and how the government’s strong fairness by threatening their minimum wage? economic management is providing in- In the face of your colleagues’ attacks on the creased opportunities and choice for women? minimum wage safety net, why have you Is the minister aware of any alternative poli- done nothing to support and protect these cies? women’s interests? Senator PATTERSON—I thank Senator Senator PATTERSON—Senator Payne for a positive question about women Stephens is making assumptions about indus- in Australia. As I said before, through strong trial relations changes—and it is a hypotheti- economic management, opportunities and cal question that she is asking me—but she is choice for women have significantly in- not interested in the fact that women’s posi- creased under the Howard government. tion economically has improved significantly There have been more jobs—and this is because of our sound economic manage- something Labor does not want to acknowl- ment. Women’s savings for retirement have edge. Since 1996, the Howard government increased, women’s participation in the work has created more than 1.5 million new jobs force has increased, women’s participation in and 800,000 of them have gone to women. education has increased and women’s par- Senator Crossin—Tell us how many are ticipation in apprenticeships has increased. permanent. Why don’t they celebrate that today rather Senator PATTERSON—Labor does not than making hypothetical assumptions about want to hear this. Female unemployment has our industrial relations policy, changes that fallen to 5.3 per cent from a high under La- may or may not occur? What they should be bor of 10.2 per cent. doing today is celebrating the achievements of women in Australia and women around Opposition senators interjecting— the world. Senator PATTERSON—Shout all you DISTINGUISHED VISITORS like. You do not want to hear the good news. In 1996 fewer than 50 per cent of Australian The PRESIDENT—Order! Before I call women were in employment. This has now Senator Payne, I note the presence in the risen to a clear majority of almost 54 per President’s gallery of Her Excellency Mrs cent. Full-time adult ordinary time earnings Anca Roxana Visan, Ambassador of Roma- for women have increased in real terms— nia. I warmly welcome the ambassador to the that is after inflation—by $152 per week. Senate. Under the Howard government, real earnings Honourable senators—Hear, hear! for women have gone up 2.2 per cent each QUESTIONS WITHOUT NOTICE year. Do you want to know what happened Women: Government Policies under Labor? The annual rate was only 0.6 per cent, or almost four times lower. Senator PAYNE (2.04 p.m.)—My ques- tion without notice is to Senator Patterson, I would like to take this opportunity to ex- the Minister for Family and Community Ser- pose the fallacy and the misinformation that vices and the Minister Assisting the Prime is being put around in Labor’s claims regard- Minister for Women’s Issues. Given that to- ing the difference between men’s and day is indeed International Women’s Day, women’s wages. Women’s earnings have increased as a proportion of men’s, rising
CHAMBER Tuesday, 8 March 2005 SENATE 23 from about 83 per cent in February 1996 to an average of over $2½ thousand per child in almost 85 per cent today—a closing gap. child care per annum and double what Labor Through this government’s strong economic was spending. management, Australian women have now We have increased the family tax benefit reaped the opportunities and choice and the part B, which Labor was going to get rid of. benefits of work force participation. One In their ramshackle family policy, they were other great achievement is that we now see going to have single parents with children women heading six federal Public Service losing out. Low-income families would be departments. Eighteen of our diplomatic losing out under their family policy. That is posts are headed by women, compared with the record of Labor. To sum up the achieve- six in 1996. These steady increases over pre- ments of the Howard government is simple: vious years will continue. As I said before, there are more jobs for women, higher earn- women now account for one-third of Austra- ings, better support for families and a tax lia’s 1.6 million small business operators. system that allows Australians—men, The Howard government’s super co- women and families—to keep more of every contribution scheme has allowed women to tax dollar they earn. grow their retirement savings faster. Skills Shortage $244 million has already been paid to the Senator CROSSIN (2.09 p.m.)—My superannuation accounts of 450,000 eligible question is to Senator Abetz, the Minister Australians earning under $40,000, and 63 representing the Minister for Workforce Par- per cent of recipients have been women. So ticipation. Can the minister confirm there is 63 per cent of the 450,000 eligible for bene- no mandated training requirement in the fits under the superannuation bonus have work for parenting payment scheme, just as been women. there is none in the Work for the Dole I also note Labor’s recent feigned interest scheme? Given that skills development is in skills for the Australian work force. Im- acknowledged as a key factor in increasing proving vocational training has been a high work force participation, how does the min- priority for the government and an area of ister justify a lack of mandated training in a great success. Apprenticeships and trainee- scheme that purports to improve the em- ships for women have increased by 500 per ployment prospects of sole parents, who are cent. The Howard government is about predominantly women? Does the minister choice. Support for families with children expect sole parents to seek work force entry has enabled many women to choose to bal- without skills development, be confined to ance work with caring for children. The low-wage, low-skill jobs and do nothing to $3,000 maternity payment has gone to all ease the skills shortage crisis? women, not to nine out of 10, and it does not Senator ABETZ—I thank Senator depend on when you have the baby. Crossin for her question because it will give An 83 per cent increase has occurred in me more time to deal with a topic that will the number of child-care places, to over be dealt with in the next question, so I thank 563,000 places. We have introduced the 30 her for her assistance in that regard. In rela- per cent tax rebate for out-of-pocket child- tion to work force participation, we encour- care expenses for approved facilities. We will age the participation of all Australians who spend over $8 billion in this and the next can work. That is a priority of this govern- three financial years to support child care— ment, and we have been actively seeking to
CHAMBER 24 SENATE Tuesday, 8 March 2005 assist all people in the Australian population people of working age according to their to get work. Of course, that includes sole capacity, and of course that includes lone parents and single mums. parents and single mothers. The government was returned on 9 Octo- Senator CROSSIN—Mr President, I ask ber on its record of running a strong econ- a supplementary question. Minister, I actu- omy and building prosperity through em- ally asked you about the work for parenting ployment. However, there are still too many payment scheme rather than anything to do people, and that includes lone parents, miss- with Transition to Work. I think I heard you ing out on the benefits that employment mention the word ‘training’ once, although brings. The number of people on parenting that was predominantly what my question payments, some 624,000, is now greater than was about. Let us have another go. Minister, the number of people on unemployment if the government is serious about improving benefits. the employment prospects and outcomes of People on parenting payments are eligible sole parents, who are predominantly women, for a range of Job Network services. Those how can the minister justify the lack of train- services are designed to take into account the ing opportunities open to them? In particular, preference of many parents for part-time how can the minister justify the fact that only work to fit in with their caring responsibili- two in every 100 sole parents access the JET ties. In our society, it is still largely women program, which is supposed to help single who take on that caring responsibility. There- parents enter the work force? Isn’t the gov- fore, for them to be able to match their car- ernment simply interested in reducing its ing responsibilities with part-time work is welfare bill rather than easing the skills part and parcel of this government’s ap- shortage crisis with Australian workers and proach. We can also help parenting payment building the skills and capacity of women recipients if they have a part-time job but and sole parents for successful work force want to find a full-time job. Those who have participation? been out of the work force for two or more Senator ABETZ—It is one of the diffi- years can access Transition to Work services. culties, isn’t it, when honourable senators Often women do take time off work for opposite have their supplementary question two, three or more years whilst they have written out before listening to the actual an- children and before those children start swer given? The honourable senator would school. A lot of women make that choice for have heard my references to sole parents. the benefit of their children, and then the Opposition senators—Answer the ques- transition back to work is a very real issue, tion! and we as a government are addressing that The PRESIDENT—Order! I remind the as well. The Transition to Work program senator of the question. provides a range of flexible services espe- Senator ABETZ—The honourable sena- cially tailored to parents, including training, tor opposite then asks a supplementary ques- financial assistance and advice on ways to tion about sole parents and training opportu- get into the job market. Transition to Work is nities—exactly the matters which I can- highly successful, with 44 per cent of par- vassed in the original answer. We as a gov- ticipants getting an employment or education ernment make no apology for trying to re- outcome. The government is committed to duce the welfare bill of this country by get- encouraging the economic participation of all ting more people into employment—a task
CHAMBER Tuesday, 8 March 2005 SENATE 25 which the Labor government dismally failed about employment opportunities for women, in achieving and which we have a great re- Senator Ray. cord on. I look forward to detailing some The PRESIDENT—Order! Minister, ig- more information about that with the next nore the interjections and address your re- question. marks through the chair. Employment: Statistics Senator ABETZ—I will, Mr President. Senator BARNETT (2.15 p.m.)—My They are very provocative on the other side, question is to the Special Minister of State, but I will try to ignore them. Since 1996, Senator Eric Abetz, representing the Minister women’s average full-time weekly earn- for Employment and Workplace Relations. ings— Will the minister inform the Senate of the Opposition senators interjecting— current rate of employment growth in Aus- The PRESIDENT—Order! Senator Ray tralia? What action is the government taking and others on my left will come to order. to ensure that this employment growth con- tinues? Is the minister aware of any alterna- Senator ABETZ—The important meas- tive policies? ure that Senator Collins wants to know about is that, since 1996, women’s average full- Senator ABETZ—I thank Senator Bar- time weekly earnings have risen by 46.1 per nett for his ongoing interest in job creation in cent compared to us fellas who have had this country—job creation being the most only a 41.5 per cent rise. So there has been a important welfare policy that any govern- substantial catch-up, as Senator Kay Patter- ment can deliver to its people. More Austra- son was indicating in answer to an earlier lians are now in work than ever before in our question. Over the term of the Howard gov- history and the unemployment rate has been ernment, average annual jobs growth has below six per cent since August 2003. In been around the 174,000 mark per annum; addition, real wages for full-time workers are under Labor it was down to 101,000. For the now a massive 18 per cent higher than when past year, employment growth in Australia we took office in 1996. I note today—on was an impressive 2.7 per cent or, to put it International Women’s Day—that, contrary another way, there are 17,000 new jobs being to claims by the ACTU and the Labor Party, created in Australia each and every month. the gap between men’s and women’s wages At this rate, according to the ANZ, the un- is in fact closing under the Howard govern- employment rate may fall below five per ment. cent by June this year. That is an economic Senator Jacinta Collins—Under which and social indicator that I would have measure? Be specific. thought even the Labor Party might seek to Senator ABETZ—We hear from one of applaud. the ‘quota girls’ opposite, ‘Under which Having said that, we as a government are measure?’ I can tell her which measure. not resting on our laurels. We accept that Since 1996— more needs to be done. Whilst we might Senator Robert Ray interjecting— achieve that five per cent level, we should be Senator ABETZ—Senator Ray inter- seeking to drive that statistic down even fur- jects—the man who knocked off Senator ther. That is why we as a government are Jean Melzer in a preselection. Do not talk pursuing a raft of industrial relations changes to ensure that there are greater employment opportunities in this country, such as getting
CHAMBER 26 SENATE Tuesday, 8 March 2005 rid of the unfair ‘unfair dismissal’ laws. If Australia which was perfect. They would not they were abolished, many commentators like to mention that they gave all of their believe that we could create between 50,000 emphasis, both politically and very substan- to 75,000 new jobs overnight. But, because tially in a financial sense, to the higher edu- the Australian Labor Party is so beholden to cation sector to the exclusion of people who their trade union masters, they will not allow you might have thought were their own con- that legislation through this place—as a re- stituency. The drop-off in apprenticeships sult, consigning about 50,000 to 75,000 of under the previous government was a dis- their fellow Australians to the unemployment grace. If you want to look at where the drop- scrap heap. We want to change the laws to off in apprenticeships started, go no further stop unions from being able to barge into than to look at the term of the previous Labor small business workplaces—something that government. If you want to look at where it those opposite in fact support and favour, as started to pick up again, where traineeships was witnessed by the votes of Senator Kerry were added on so there was more flexibility O’Brien and other Labor senators on these in the training sector, look to the start of this important issues. Employment growth in this government and you will see a very big dif- country has been a hallmark of the success of ference. Nonetheless, the Skills for Work re- the economic management of the Howard- port, prepared by my department— Costello team. We want to drive it even fur- Opposition senators interjecting— ther and we look forward to Labor’s support. The PRESIDENT—Order! (Time expired) Senator VANSTONE—Thank you, Mr Skills Shortage President. I appreciate that those opposite do Senator WEBBER (2.20 p.m.)—My not like this answer. After all, they had the question is to Senator Vanstone, representing prime minister who said we had to be a the Minister for Education, Science and clever country, implying that everyone had to Training. Is the minister aware that the Skills go to university, and, over their time in gov- for Work report, prepared by the Department ernment, they have consistently run down the of Education, Science and Training, showed integrity and respect which should have been that between 2000 and 2003 the number of shown to people with a trade. people starting a trade apprenticeship actu- Senator George Campbell interjecting— ally fell by 2,300? Doesn’t the Skills for Work report show that the government has Senator VANSTONE—Senator Camp- not just failed to address skills shortages but bell would not understand that. Nonetheless, we are actually going backwards? Hasn’t this the report to which the senator refers— directly contributed to the 20-year high in Senator Chris Evans—You’ll get on to skills shortages, reported by the Reserve blaming the states in a minute. That will Bank, and the delay in important infrastruc- complete the whole story, won’t it? It is eve- ture projects, such as the Bronzewing gold ryone else’s fault. mine in my home state of Western Australia? The PRESIDENT—Order! There is too Senator VANSTONE—I thank the sena- much noise on my left. I remind senators that tor for the question. I have no doubt at all shouting across the chamber is disorderly. that what people opposite would like to do is Senator VANSTONE—That is very kind present a scenario where the previous gov- of you, Mr President. I do appreciate your ernment presided over a skills situation in support on International Women’s Day. It is a
CHAMBER Tuesday, 8 March 2005 SENATE 27 shame that I need it in response to this bar- In conclusion, Senator, you only have to rage of abuse, but nonetheless I think I will go back to the recession we had to have, to a survive. Mr President, you are very kind— million people unemployed, and ask yourself such a gentleman. I do appreciate it. whether a better job is being done now or Senator Webber, the report you referred to not. That should allow you to draw a conclu- found that the number of completions of new sion as to why this government has been re- apprenticeships has increased by 280 per elected. cent since 1996. Over the 12 months to June Senator WEBBER—Mr President, I ask 2003, about 120,500 new apprenticeships a supplementary question. I remind the min- were completed. The number of new appren- ister that the actual number of people starting tices has grown from an all-time low of trades apprenticeships fell between the years 122,700 in 1993 to more than 390,000 today. 2000 and 2003. Isn’t it the case that one of The growth in new apprenticeships in new the key reasons for the skill shortage is the areas has not been at the expense of appren- Howard government’s failure to adequately ticeships in the traditional trades. Today 38 fund our TAFE system, resulting in nearly per cent of all new apprentices are in trades 270,000 students having been turned away and related work; the number of new appren- since 1998? Isn’t it the case that, if the tices in these areas has grown by 21 per cent Commonwealth had actually matched the since 1995. In the last 12 months alone we states’ increases in TAFE funding since have seen a 19 per cent increase in com- 1997, there would have been $833 million mencements in traditional trades. There has more spent by the Howard government on not been a decline in the absolute number of skills training? people commencing a new apprenticeship in Senator VANSTONE—A lot of the trades. Tradespersons still saw very healthy money the states and territories put in comes growth from 1996 to 2003—in fact, up 32 from the Commonwealth, so I am not sure per cent or almost 13,000 people. This con- what figures you are quoting. The single trasts markedly with the seven per cent point that I might make here is that the Aus- growth in employment over the same period. tralian government’s contribution to states There is a seven per cent growth in employ- and territories under the VET Funding Act ment and a 32 per cent growth in tradesper- has grown from $778 million under Labor to sons. More people are undertaking new ap- $1.15 billion under the coalition government prenticeships at higher levels of competency. in 2005. In real terms, the Australian gov- The number of new apprenticeships at cer- ernment has increased funding for training tificate 3 and 4 level has increased from 67 by 22 per cent since 1995. That is a 22 per per cent to 75 per cent over the period. Since cent increase in real terms. By contrast, in 1996, there has been an enormous increase in 2004-05, most of the states and territories cut the number of women undertaking a new their training budgets. All states and territo- apprenticeship—up from 20 per cent of all ries rejected the Australian government’s new apprentices in 1996 to 36 per cent today. offer of $3.6 billion for the proposed 2004- Seventy-two per cent of people completing a 06 ANTA agreement, a 12.5 per cent increase new apprenticeship reported that their train- on the 2001-03 agreement. If accepted by the ing had improved their job security; 84 per states and territories, that offer would have cent reported that it had improved their job created up to 71,000 new training places. prospects. (Time expired)
CHAMBER 28 SENATE Tuesday, 8 March 2005
Family Payments tion was written in that way, but it is some- Senator STOTT DESPOJA (2.27 thing I have under review. p.m.)—My question is addressed to the Min- Senator STOTT DESPOJA—Mr Presi- ister for Family and Community Services. Is dent, I ask a supplementary question. I thank the minister aware that adoptive parents with the minister for her answer and ask if she children older than 26 weeks cannot access would perhaps elaborate on the definition of the government’s maternity payment even ‘due course’. While I acknowledge that the though changes have been made recently to main aim behind the maternity payment is ensure that adoptive parents can access— for newborns, is she aware of the fact that albeit retrospectively—the baby bonus from this unfairly discriminates against people the date of the child’s placement? Given who adopt children from overseas? Is she these recent efforts by the government in aware that the majority of babies that are relation to the baby bonus—efforts that the adopted from overseas are more than 26 Democrats commend—will the government weeks of age? Is the minister also aware that now make similar changes to the maternity many adoptive agencies in our states and payment to ensure that all adoptive parents territories actually encourage adoptive par- are able to access this support? ents to take time off—in fact up to 12 Senator PATTERSON—I have not had months off—so that they can look after their the opportunity to welcome Conrad to Par- child and thus entail the same level of finan- liament House, Senator Stott Despoja. Thank cial burden as those who have a biological you for the question. It gives me the oppor- child of their own? tunity to remind people about the Howard Senator PATTERSON—I am aware of government’s contribution to assisting fami- those issues that you raise, Senator Stott De- lies, particularly with the costs of the birth of spoja. I have indicated to you that I have the a child, with the $3,000 payment, which will issue under review. increase to $4,000 and then to $5,000 in pro- Economy: Foreign Debt gressive steps over two-year intervals. This Senator SHERRY (2.30 p.m.)—My is a benefit to families. I wish I could have question is to Senator Minchin, representing come and presented your cheque personally, the Treasurer. Is the minister aware that Aus- Senator Stott Despoja, but I was not in a po- tralia’s net foreign debt increased dramati- sition to do that; I was not in Adelaide. How- cally to $422 billion in 2004, more than dou- ever, I am sure you will have spent it wisely, ble the level that the Howard Liberal gov- if you have spent it. ernment inherited? Is the minister aware that The matter has been brought to my atten- the credit rating agency Standard and Poor’s tion. The campaign by the parents of adop- cites foreign debt as the main risk to Austra- tive children must be one of the most con- lia’s credit rating and a key risk to govern- certed campaigns I have seen. It has been ment finances? After nine years in office brought to my attention, I am reviewing the why doesn’t this Liberal government have issue, and I hope to be able to make a state- any plan to tackle the foreign debt, which ment in due course when that review has now equates to $21,000 for every man, been completed. The payment is about the woman and child in Australia? early costs of a newborn child. That was the Senator MINCHIN—I thank Senator original intention and that is why the legisla- Sherry for the question. As I say, we appreci- ate the fact that the opposition has finally
CHAMBER Tuesday, 8 March 2005 SENATE 29 focused on the economy. We have obviously flexible. The hypocrites opposite have spent acknowledged that the current account defi- nine years— cit which Australia is running is something The PRESIDENT—Order! Will the min- we would rather was not as high as it is, but ister withdraw that word; it is unparliamen- you have to examine why it is at the level it tary. is at. I note in particular the reference by the Senator MINCHIN—I am happy to International Monetary Fund in its recent withdraw it if it offends the poor darlings on report on Australia. It says that the widening the other side who are so sensitive that they current account deficit ‘mainly reflects the cannot stand the slings and arrows of politi- sharp appreciation of the Australian dollar cal debate. Those opposite, as I have said, and the relatively strong cyclical position of have opposed in this parliament virtually the economy’. These are the fundamental every proposal we have brought forward to underlying reasons for our running a rela- make this economy more flexible, more dy- tively high current account deficit, which namic, more productive and therefore more obviously means that foreign debt is increas- capable of ensuring that we keep some con- ing. trol over the current account deficit. If they The Australian dollar has been relatively have had a complete change of heart and if high, which obviously means that imports they are now going to support the measures are cheap and it is tougher for exporters. We that we bring forward to make this economy do have an imbalance in that the Australian more flexible, we welcome that. That would economy has been running at a stronger and be terrific. We would gladly have them on faster growth level than have those of our board if they are going to join us in ensuring major trading partners. Therefore there is that we can do that. pressure in relation to our export markets The other thing you have to do when the with the Australian economy still running economy is running a current account deficit strongly and sucking in imports. So it is an of this kind—and with growth that is produc- inevitable consequence of having an econ- ing that current account deficit—is to ensure omy that is strong. that the government’s finances remain in That is what the Labor Party do not quite surplus. The great achievement of this gov- understand. They ignore all the good things ernment is to reverse the disastrous fiscal about the economy and, in their desperation, situation we inherited, to return the budget to try to find things that they think are not so solid surplus and to ensure that the federal good. These things are again evidence of government is making its contribution to the growing pains. When you have a fast- economy by net savings. But again we have growing economy, inevitably demand ex- an opposition which, on virtually every occa- ceeding supply will spill over into the current sion and in every budget, opposes any meas- account. There are a couple of critical things. ures we bring in to constrain government The first is to make sure that the economy is spending, or demands that we spend more. as flexible and productive as possible so that Every shadow minister comes out with a you ensure that, to the extent that demand is press release saying, ‘This stingy govern- running strongly, the domestic economy can ment is not spending enough on X, Y and meet supply demands. That is why we keep Z’—fill in the blanks. Again, we would wel- bringing to this parliament ideas and propos- come the opposition joining us in ensuring als to reform the economy and make it more the fiscal discipline that is required in the
CHAMBER 30 SENATE Tuesday, 8 March 2005 situation where we do have a current account detained at Port Hedland detention centre, deficit. who lost sight in his right eye and almost lost Senator SHERRY—Mr President, I ask a his left eye after he was repeatedly denied supplementary question. My question related specialist assessment and treatment. My to one of the increasing number of bad indi- question relates to a man I visited in Villa- cators of the economy, which is the ever- wood detention centre last week named increasing level of foreign debt. Isn’t the Masood, who has recently been diagnosed as minister aware that the OECD has warned a diabetic. Is the minister aware that on the government that high current account January 29 Masood collapsed and was taken deficits put upward pressure on interest to Liverpool hospital? He was told by the rates? Does the minister accept that unless doctor that he needed to see a specialist in the current account deficit and the resulting order to get an urgent assessment of his foreign debt are reduced, interest rates will sight. To this day, Masood has not seen an have to rise further? ophthalmologist or a diabetic specialist. Why has the department prevented Masood from Senator MINCHIN—Senator Sherry is seeing an eye specialist for 38 days now, missing the point. The responsibility of the since his collapse? government in these circumstances is to en- sure that it minimises any pressure on inter- Senator VANSTONE—Senator Nettle, I est rates by ensuring that it is making no con- am not, at this point, aware of that. You will tribution to the current account deficit, which forgive me for not necessarily taking what it is not because it is saving. We are saving you say as being correct. I have had experi- through the strength of our surpluses, which ence in the past, with you specifically, of they always attack. Whenever we have a big allegations being put that turned out to be surplus they say, ‘The surplus is far too big; quite baseless. I do not assume for one min- the government should go and spend it all.’ ute that that is the case here. Where some- Then of course they try and turn it around one’s health is an issue, it should be attended and say that we are spending too much. The to and attended to promptly by the appropri- opposition has no clarity on this—no form ate people. I will make inquiries as to the whatsoever. It does not understand the nature allegations you make and I will come back of the economy and the nature of the respon- and answer to the Senate for what has or has sibility on the federal government to con- not happened in relation to the matter. tinue to run high surpluses so that it is not Senator NETTLE—Mr President, I ask a contributing to any pressure on interest rates. supplementary question. Is the minister The Governor of the Reserve Bank has made aware that her chief of staff was informed it quite clear that he accepts the veracity of about this issue, in writing, by Masood’s the fiscal position of the federal government lawyer on 13 February? I understand that, in and that it is not putting any pressure on in- relation to this issue, the Ombudsman has terest rates. also been contacted and I faxed the minister Immigration: Detention Centres last week. What action has the minister’s office taken to ensure that Masood gets Senator NETTLE (2.36 p.m.)—My ques- medical treatment? Isn’t this case, following tion is addressed to Senator Vanstone, Minis- on from the Cornelia Rau case, yet another ter for Immigration and Multicultural and indication of widespread and chronic prob- Indigenous Affairs. The minister will recall lems with mental and physical health care in the case 18 months ago of a 14-year-old boy, our immigration detention centres? Can the
CHAMBER Tuesday, 8 March 2005 SENATE 31 minister inform the Senate on what basis— sion was taken at the behest of the Prime on any basis—her and her department’s han- Minister, following representations from one dling of this man’s urgent medical condition of the bidders with concerns that the tender is not medical negligence? process administered by the minister would Senator VANSTONE—Senator Nettle, not be completely open and fair? you may or may not be familiar with the Senator HILL—It is normal practice for process by which correspondence is handled Defence to have probity advisers in relation in most ministers’ offices; that is, it goes to to major contracts. Sir Laurence Street was the department for the preparation of a reply. selected and asked to do that job by the Sec- So, generally, I would not be made aware of retary of the Department of Defence, and I correspondence until it came back with an am advised that there was no knowledge of appropriate reply. Of course, the tenor of the Prime Minister or his office in that ap- your supplementary question reveals the de- pointment. gree of faith with which you brought your Senator JACINTA COLLINS—Mr first question to this place. In fact, by the President, I ask a supplementary question. very question you have asked as a supple- Minister, are you suggesting that the Prime mentary, you have indicated exactly your Minister had no involvement in this decision; intent in this matter, which is more political or is it true, as suggested, that his office did, than concern for Mr Masood. which indicates a lack of confidence in your Having said that, Senator, I go back to the activities? answer I originally gave you, which is that, Senator HILL—I am clearly suggesting even though I have had experience of your that he had no involvement at all and that the getting things incorrect and putting them out article in the paper was therefore wrong. as propositions and finding them to be false, Crime: Sexual Exploitation of Children nonetheless I will quite specifically have this matter checked out, because it relates to Senator HUMPHRIES (2.42 p.m.)—My someone’s health, and then come back to the question is addressed to the Minister for Jus- Senate and answer for what has or has not tice and Customs, Senator Chris Ellison. Will happened in his case. As for your tying this the minister update the Senate on the gov- matter into the Rau matter, that is an excep- ernment’s efforts to combat the sexual ex- tional case where someone for eight months ploitation of children? has consistently described themselves as an Senator ELLISON—I thank Senator unlawful non-citizen. (Time expired) Humphries for a very important question and Defence: Contracts one which is of concern to all Australians. The Howard government will not relent in its Senator JACINTA COLLINS (2.40 fight against those people who seek to ex- p.m.)—My question is addressed to Senator ploit children. In particular, the fight against Hill as Minister for Defence. Can the minis- the sexual exploitation of children remains a ter confirm that Sir Laurence Street, former top priority for law enforcement nationally. Chief Justice of New South Wales, was se- Across the states and territories of this coun- cretly appointed last month as a probity ad- try, we will not desist in any effort whatso- viser on a $6 billion navy shipbuilding con- ever to fight the sexual exploitation of chil- tract? Can the minister explain why there dren. was no formal announcement of this deci- sion? Can the minister confirm that this deci-
CHAMBER 32 SENATE Tuesday, 8 March 2005
Last week we announced the delivery of for the delay in extending ANCOR to the an election commitment, and that was the ACT. The reason for that delay is the delay launch of the Australian Federal Police by that government in bringing in legislation Online Child Sex Exploitation Team. I which would allow it to participate in the launched it in Robina, Queensland, with the Australian National Child Offender Register. Australian Federal Police Commissioner, Other states have done that, and I applaud Mick Keelty. This will bring to national law them for that. Victoria, Queensland, the enforcement further resources and expertise Northern Territory and Western Australia in the fight against those people who want to have all come on board. This is a very impor- sexually exploit children online. It will in- tant aspect of the fight against the sexual volve a sector of that team infiltrating the exploitation of children. It is one which the internet to seek out those paedophiles who Commonwealth has led the way in, and in want to use the internet to abuse children. It this fight we need a partnership between all also will use its expertise and resources to governments—state, territory and federal— gain intelligence and work with law en- and also industry and the public at large. As forcement, both domestically and interna- well as that, we have provided funding for tionally, in the fight against the sexual ex- public awareness programs through NetAlert ploitation of children. and the Australian Federal Police. This is a As well as that, we have now seen the in- fight that we are totally committed to and troduction of new laws which will provide one which we will engage in domestically, for up to 15 years jail for those people who nationally and internationally. groom or attempt to groom children on the Telstra: Privatisation internet for their own evil purposes, and also Senator CONROY (2.46 p.m.)—My 10 years imprisonment for those people who question is to Senator Coonan, the Minister transmit or download child pornography on for Communications, Information Technol- the internet. We have also included internet ogy and the Arts. I refer the minister to her service providers and have cast an obligation comments last week ruling out the structural on them so that, if they become aware of separation of Telstra as a possible reform to child pornography being transmitted through improve competition in the Australian tele- their service, they will be obliged to take it communications market. Has the minister down and refer it to the police. Of course, advised The Nationals of this position? Is the that gives added impetus to complaints from minister aware that only yesterday deputy members of the public who come across this Nationals leader Mark Vaile stated with re- material and then raise it with an internet spect to structural separation, ‘We can’t rule service provider. That adds extra weight to anything out without having an assessment the participation of internet service providers of proposals.’ Is the minister also aware that in the fight against the sexual exploitation of this position is supported by The Nationals children online. Senator elect Fiona Nash and The Nationals As well as that, last year I launched the MPs Paul Neville and Kay Hull? Will the Australian National Child Offender Register, government be reconsidering its position on a register which is a key weapon in the fight the structural separation of Telstra in the against paedophiles. I noted with interest— light of these National Party members’ views and Senator Humphries will be interested to that nothing can be ruled out? know—that in the Canberra Times last week the ACT government sought to blame others
CHAMBER Tuesday, 8 March 2005 SENATE 33
Senator COONAN—I thank Senator position on structural separation. Could you Conroy for the question. One of the impor- draw the minister’s attention to the question. tant points might be what the Labor Party The PRESIDENT—The minister has one thinks about this, and of course Mr Tanner minute and 51 seconds left to complete her ruled out very comprehensively structural answer, and I am sure she will come back to separation. It will be interesting to see, when the question. and if Senator Conroy ever turns his mind to Senator COONAN—I was outlining for Labor’s policy on Telstra and the future regu- Senator Conroy’s information and assistance lation of Telstra, what he recommends to his the existing regulatory framework so that I party as an appropriate way to consider regu- could then address the issues of structural lation as we move towards the full privatisa- separation. I announced in December last tion of Telstra. year that I had under consideration looking at The government is mindful that we do the regulatory structure that would best ac- need to keep a careful watch on the regula- commodate the new networks and the envi- tory settings so that they are optimal to en- ronment as the government considered courage both innovation and, in particular, whether or not it would proceed with the sale the future roll-out of new networks. Obvi- of Telstra. I should emphasise that this does ously the current framework looks very not mean that the government has under con- much at providing access to infrastructure sideration any position that would involve that is already there. One of the big chal- the structural separation of the existing struc- lenges in telecommunications is to provide a ture of Telstra. We do not believe that slicing good regulatory environment that will enable and dicing Telstra, splitting it into wholesale certainty in investment with new roll-outs. and retail or hiving off bits of it in a forced So the government’s approach to improving structural separation, is something that communication services in Australia has would suit either the competition regime or been to promote competition between as the future interests of the regulatory regime many service providers as possible, and it is if the government did proceed with finally achieved through the regime that is set out in disposing of the remaining investment in the Trade Practices Act, parts XIB and XIC. Telstra. Very importantly, the regime is underpinned We do not think that it has been shown to by a rigorous consumer protection regime be in the long-term interests of either inves- that is certainly among the most comprehen- tors or consumers that the government sive of any in the world, and that regulatory should take a role in forcing some slicing framework has proven to be very effective. and dicing of Telstra—and that includes We have recently seen the impact of the splitting it into a country arm and a city arm. competition notice provisions, which have What delivers benefits for consumers are forced Telstra to significantly change its price controls and the structures that relate to wholesale pricing and to offer a $6.5 million competition. I think a lot of people who financial settlement to the ACCC. This is make comments about structural separation evidence of the current regime working ef- may not appreciate what particular form of fectively. structural separation they are talking about Senator Conroy—Mr President, I rise on and what in fact delivers benefits for con- a point of order which goes to relevance. My sumers. All commentators have said that it question was very specifically about whether the government would be reconsidering its
CHAMBER 34 SENATE Tuesday, 8 March 2005 should only proceed if there are cost benefits week—and I ask honourable senators to lis- to doing so. (Time expired) ten to this because it was quite moving—I Senator CONROY—Mr President, I ask met with the Iraqi delegation of women. I a supplementary question. I refer the minister just wanted to put on the record that all of us to her comments last week that Senator elect congratulate the women of Iraq, who out- Mr Barnaby Joyce would benefit from a stripped men in voting at the last election. briefing from the minister’s office so that he On International Women’s Day, I wanted to could better understand the Liberal Party’s note that. I did not have an opportunity be- view on the privatisation of Telstra. In light fore. of Mark Vaile’s comments yesterday, has the Senator Vanstone—I wonder how they minister issued the same invitation to the got that opportunity? Deputy Leader of The Nationals, whose ex- Senator PATTERSON—I was not going tension is 7420? to go into that on this day. I was just going to Senator COONAN—I am very obliged to celebrate and send the message to the Iraqi Senator Conroy for the supplementary. As delegation that I believe the Senate would you will remember, some commentators—in support congratulating them on that great relation to a different issue, admittedly— achievement of setting the standard for men suggested that Senator Conroy needed to go in voting. and have some work experience. I think it is The most important thing that has im- also the case that Senator Conroy should proved the situation for women in Australia have a briefing on this matter, and my exten- in terms of their opportunity to work and in sion is 4780. terms of enabling them to work in an envi- Women: Government Policies ronment where their small businesses can be Senator ALLISON (2.52 p.m.)—My successful—a third of all small businesses question is to the Minister Assisting the are run by women—is that we have run a Prime Minister for Women’s Issues. The strong economy. We have not racked up gov- minister will be aware that on average ernment debt and we have not borrowed be- women working full time are paid 15 per yond our means. We have had surpluses, we cent less than men in full-time work. Is the have had low interest rates and we have had minister aware that 26 per cent of women low unemployment. And women have been have their terms and conditions of employ- some of the main beneficiaries. ment governed by awards and that award I am not going to discuss what might or rates of pay have been vital in narrowing the might not be in the industrial relations re- gender gap for women? Why then is the gov- form. That question is more appropriately ernment now considering scrapping the skill directed to the minister representing the min- based award rate? ister for industrial relations. But what I can Senator PATTERSON—I thank Senator say is that we will be watching very closely Allison for the opportunity to answer this any issues that affect women. But when you question. I will digress a little, if I may, to look at Labor’s record in government, when make a comment I wanted to make on Inter- we saw record unemployment and interest national Women’s Day. Senator Allison has rates sending small businesses to the wall— given me the opportunity because she has and many of those were run by women— asked me a question about women. At the Labor failed to recognise what their policies Beijing Plus 10 conference in New York last were doing to women. What we have seen is
CHAMBER Tuesday, 8 March 2005 SENATE 35 increased participation by women in the choose their superannuation fund and not work force, an increase in the average suffer the problem, because often they move weekly earnings of women, increased oppor- from job to job, of having a number of su- tunities in education for women and— perannuation accounts. When you go through through lower interest rates—increased op- policy by policy, issue by issue, you see the portunities for women to purchase and own impact that our policies have had on improv- their own homes. We have seen enormous ing the situation for women. benefits to women through the fact that we Budget: Surplus have run this economy soundly and strongly Senator MACKAY (2.57 p.m.)—My and will continue to do so. question is to Senator Minchin, representing Senator ALLISON—Mr President, I ask the Treasurer. Is the minister aware of reports a supplementary question. I thank the minis- today that the federal budget surplus has ter for advising the Senate that she will be climbed to $10 billion? Don’t these reports watching this matter very closely. But I demonstrate the magnitude of the Howard wonder if the minister’s attention was drawn government’s continuing tax grab from the to the article the other day in the Weekend pockets of every Australian family and give Australian by Elizabeth Wynhausen in which further confirmation to data from the ABS she wrote: showing that the Howard government is in FOR all the glorified tale of 14 years’ growth in fact the highest taxing government in Austra- Australia’s economy, nothing has grown faster lia’s history? As the Treasurer of the highest than low-paid crummy jobs for women ... taxing government ever in this country, why ... one in four members of the workforce is a cas- isn’t Mr Costello focusing on delivering real ual and denied basic benefits such as annual leave services like major infrastructure develop- and sick pay. There isn’t another country in the ment to the taxpayers he is ripping off in this world with so many casual workers, and studies record way? suggest the ratio will rise to one in three by the end of the decade. Senator MINCHIN—In fact, our proud- My question is: did the minister advise the est boast is that we have stopped the haemor- Prime Minister on the impact on women of rhaging of the federal budget. We inherited a stripping the AIRC of the power to set the budget in a disastrous state, one with mas- minimum wage? If not, why not? sive deficits. They lied to us about the deficit going into the 1996 election. They said it Senator PATTERSON—Again, what was in surplus when it was $10 billion in Senator Allison fails to recognise, and what deficit. They racked up $70 billion of debt in the Labor Party fails to recognise, is what the last five years they were in government. running a sound economy has done for They left us with $96 billion of debts, which women. I will reiterate what it has done for was putting pressure on interest rates. One of women: it has improved the participation of the biggest expenditure items in the budget women in the work force and it has seen was in fact paying interest on the debts they women’s average weekly earnings in- had accumulated. We are in fact very proud crease—and last week we saw that the of the hard work we have done to get this growth in women’s earnings outstripped the budget back into surplus and we are envied, increase in men’s earnings. What we have as the Governor of the Reserve Bank said, by seen is women being able to benefit by in- countries all over the world. The specific creasing their contribution to superannuation. question was about a report in the Sydney What we have seen is women being able to
CHAMBER 36 SENATE Tuesday, 8 March 2005
Morning Herald this morning saying that we responsibilities are largely in the field of in- would have a surplus of $10 billion in this frastructure. They are the ones who own the financial year. They do not say how on earth ports, the power stations, the gas and elec- they arrived at that figure. I am not sure what tricity systems. The government do not own the basis of the report is at all. I have no idea infrastructure. Our expenditure is around what they are talking about. $200 billion a year—which they always say The government’s official position is as is never enough; they always complain that reported in MYEFO—the Mid-Year Eco- we are not spending enough. Our expendi- nomic and Fiscal Outlook—in December last ture priorities are focused on the national year, just 2½ months ago. Our forecast then government’s responsibilities for defence for 2004-05 was a surplus of $6.2 billion. and national security, for looking after eld- Our forecast at that stage for 2005-06 was erly Australians, for providing Medicare et $4.5 billion. They remain the government’s cetera, and we will continue to provide them, projections, up until we release our revised while delivering surplus budgets. figures in the budget itself. So we have no Senator Hill—Mr President, I ask that idea what the basis for the $10 billion figure further questions be placed on the Notice is. We stand by the figures that we have pro- Paper. vided, which we think are appropriate and QUESTIONS WITHOUT NOTICE: sensible surplus figures. We are doing every- TAKE NOTE OF ANSWERS thing we can to ensure that we contribute to Women: Government Policies savings and that we minimise the extent to which there is pressure on interest rates, if Senator STEPHENS (New South Wales) any, from the fiscal position adopted by the (3.02 p.m.)—I move: government, and we will continue to deliver That the Senate take note of the answers given surpluses while the economy is growing so by the Minister for Family and Community Ser- strongly. vices (Senator Patterson) to questions without notice asked today relating to women. Senator MACKAY—Mr President, I ask a supplementary question. Is the minister I acknowledge, as Senator Patterson and oth- aware that, while the federal government ers have today, that today is International collects 70 per cent of tax revenue, it ac- Women’s Day, so there was no surprise that counts for just $6 billion, or 22 per cent, of many of today’s questions related to the so- public investment? As the highest-taxing cial and economic circumstances of women. government in Australia’s history, will the My question to the minister today related to government now accept the OECD’s advice the government’s proposal to change the and follow the lead of the Australian states mechanism for setting the minimum wage, by lifting infrastructure spending? which protects the income of low-paid women. We were talking of nearly one mil- Senator MINCHIN—The opposition is lion women—965,000—who are protected simply revealing its utter ignorance of the under state and federal minimum wage responsibilities of the federal government. awards. What do we know about the pres- Our single biggest expenditure is the age sures that are confronting these women? pension. We have responsibilities for the whole social security system and for Medi- First of all, we know the importance of the care, defence and national security. The minimum wage and that a boost to minimum states have different responsibilities. Their wages is the key to sustaining a decent stan- dard of living for Australia’s growing num-
CHAMBER Tuesday, 8 March 2005 SENATE 37 ber of part-time and casual workers. The ma- tivity Commission, to participate in a wage jority of low-paid workers are women. In- case assessment. creasing the minimum wage is an important The minimum wage set by the AIRC is means of reducing the gap between male and designed to protect the wages and entitle- female wages. Many figures were thrown ments of Australia’s lowest paid workers. It around the chamber this afternoon about the also acts as a mechanism to limit the wage bridging of that gap. But the reality is that divide between Australia’s highest paid and women’s wages are significantly lower and lowest paid workers. Perhaps Senator Patter- as such are also a significant disincentive for son has also decided to adopt the Business many women with children to work, who Council of Australia’s view that fairness in also face high child-care costs and the loss of the relationship between employers and em- the family tax benefit as their income in- ployees is not a public policy priority. That is creases. certainly not what Labor thinks about this What is the government’s response? First issue. Labor believes that the ACTU’s claim of all, in December the federal government for a minimum wage increase of $26.60 a moved to delay the ACTU national wage week is a very fair and justifiable claim. The case, with Mr Andrews arguing that the In- case would lift the federal minimum wage dustrial Relations Commission would be from $12.30 to $13 per hour. It would also wiser if it waited until after the May budget increase the federal minimum wage from before its hearings began. At the time Mr $467.40 to $494 per week or in fact $24,370 Andrews said, ‘It makes sense for the AIRC to $25,757 per year. Labor believes that low- to delay its hearings on the national wage paid workers need a decent wage rise and case, until it has all the available economic that their needs and their concerns must be data at its disposal.’ I was very pleased today protected by the Australian Industrial Rela- to hear that we have a $10 billion budget tions Commission. surplus, which means that the ACTU wage Senator HUMPHRIES (Australian Capi- case could be considered, in all of its aspects, tal Territory) (3.07 p.m.)—In taking note of to be a fair and generous approach to the the answers of the Minister Assisting the low-paid wages of Australians. Prime Minister for Women’s Issues, the op- But Mr Andrews was not prepared to stay position seem to be attempting to suggest there. He also suggested that one of the that the position of women in Australia Howard government’s options was to slash would be greatly assisted by some dramatic the minimum wage, by removing the AIRC lift in the minimum wage, and they urge the from the process altogether. The AIRC cur- government to support the ACTU’s position rently complies with the legislative directive on lifting the minimum wage. The smallest to maintain a safety net of minimum wages amount of scrutiny and analysis of what and conditions, according to living standards Senator Stephens has just had to say will that are generally expected by the Australian disclose that it is very hard to work out why community. As part of its safety net assess- lifting the minimum wage will necessarily ment, the AIRC currently takes into account lead to a closing of the gap in the wages be- average weekly earnings, the balance of pay- tween men and women. It would obviously ments, inflation and productivity. The current benefit everybody who was on a minimum system also allows a range of organisations, wage if the minimum wage were lifted. How including the Reserve Bank and the Produc- it would benefit women vis-a-vis men is a little hard to determine. But it is worth mak-
CHAMBER 38 SENATE Tuesday, 8 March 2005 ing this point: the Howard government in the lining in the silver cloud. Members of the last nine years has specifically targeted the opposition will do their best to find that dark lifting of standards for all Australians as a lining, no doubt. But, if you look at the total way of assisting women as well as men. picture—the support available to women as Raising the level of employment in the Aus- mothers, the position of women in the work tralian community has been about lifting the force, the standard of living of Australian capacity of women to find the work they women compared with where they were nine need to lead independent lives, to be able to years ago—if you look at any of those major support families and to be able to make deci- indicators, it is perfectly clear that Australian sions that affect their own lives. Ensuring women have benefited from the policies of that interest rates remain relatively low has the Howard government. been about assisting women and their fami- The number of women in senior positions lies to take out mortgages so that their posi- in Australia is a further expression of that. tion is improved. We have heard from the minister about the The evidence of those measures is clear record numbers of women ambassadors, high for anybody to observe at this point in time. commissioners and permanent heads of our As far as women in the work force are con- Public Service departments. That has not cerned, in January 2005 there were been through the application of some quota 4,422,200 women in employment. That is a process; it has been by virtue of women be- lot of women. It represents a 4½ per cent ing given the opportunity to demonstrate increase in the number of women in the work their talents, and those talents have led them force since 1996, when we took office—that into positions which I am pleased to say have is, there has been a 22.7 per cent increase in benefited the Australian community. the number of women in the work force The support that this government has since March 1996. That is a tangible expres- given to women has been clear. A demonstra- sion of the way that this government’s work tion of that is available in the statistics which has led to an improvement in the position of have measured the progress of women in the women. last nine years. I think it is fair enough for Those opposite made a very thin case for the opposition to try look at areas where they some sort of change in policy and some kind consider the progress has not been fast of adjustment to the minimum wage that enough, but they cannot deny that progress would somehow offer more benefits than has been real and substantial. Looking at the those that have been delivered by this gov- total picture, we see that women today have ernment. It is a pretty hard case to make. benefited from the policies implemented by When we came to office the unemployment this government over the last nine years. rate for women was 7.6 per cent; today it is Senator JACINTA COLLINS (Victoria) 5.3 per cent. That is the most clear demon- (3.12 p.m.)—Reflecting on how these issues stration of how women have benefited under regarding women were canvassed in question the policies of this government. Of course it time today, I think the critical issue that will be possible to find some statistical basis needs to be raised is the quality of this debate on which to suggest there has been some as a whole. Senator Humphries talks about lack of progress or some failure to achieve a the need to look at the total picture—that target that might be set with respect to the there have been substantial advances. To be position of women in Australian society. Of frank, reflecting on the indicators that have course it is always possible to find the dark
CHAMBER Tuesday, 8 March 2005 SENATE 39 been canvassed during this debate and during would provide the indicator they were rely- many of the discussions and reports in recent ing on for their claims that the wages gap times, I think they themselves make you se- was improving, because I am very clear and riously concerned about the quality of this very sure that indicators measuring the de- debate. regulated enterprise bargaining that occurred Government senators highlight changes in under the Howard government were high- employment, but we have seen opinion lighting that the wages gap was going back- pieces and articles, time after time now, wards. Like many commentators in this area, highlighting the fact that it is not just em- I am aware that there are many indicators of ployment itself but also the quality of em- the wages gap. You need to carefully and ployment that is very critical to women. If quite analytically eliminate the factors from they cannot balance their work and family those indicators to know exactly what you lives with employment that is suitable and are talking about. Senator Abetz stumbled for that fits their needs, the problems facing a while and then came up with the indicator women will continue. Many indicators sug- he had actually been given so that we could gest that, if anything, those problems have at least trace the source of the particular in- been becoming worse. This government’s dicator he was relying on. mantra about flexibility in employment has His flippant disregard for the issue in re- really been about employer prerogative and ferring to me as a ‘quota girl’ amused me flexibility for the employer, rather than significantly. I came into this place as the women being able to make more appropriate only female Labor representative from Victo- choices about how they combine work and ria. I am very pleased that today that situa- family. tion has changed significantly. But I did not This is why new catchphrases such as come here as a quota girl. There were no ‘baby strike’ have arisen. Why can’t we en- quotas in relation to our parliamentary repre- courage young women these days to have sentation. I think that flippant remarks by children? Because our society is not provid- Senator Abetz about such things discredit the ing them with the wherewithal to be able to whole day. Today is the day to celebrate In- do so. This is what is getting worse for the ternational Women’s Day. It is not the day to vast majority of Australian women. It is one have banal arguments about whether quotas thing for the government to talk about the are targets or targets are quotas or how we number of women ambassadors and women can ensure that appropriate representation of in senior government appointments, but we women is achieved in this place. need to look at the issues that the vast major- We are doing much better in parliament. ity of Australian women face. The vast ma- Senator Patterson raised that point today. We jority of the Australian women who work in are doing much better through a variety of the corporations that Senator Patterson high- different means and they seem to be working lighted today have made little, if any, pro- across political parties. I will be pleased to gress in the representation of women within see that, in another generation or two, their ranks. The vast majority of Australian women will be much better represented, and women do continue to suffer a significant they will be represented with a solid base wages gap. and background in political participation During question time today I asked Sena- within their parties that will make a differ- tor Patterson and Senator Abetz if they ence to the policies we make in this place. They are the bases that have been estab-
CHAMBER 40 SENATE Tuesday, 8 March 2005 lished. That is what the work on International Collins referred. We are committed to pro- Women’s Day has been able to achieve. viding a range of measures that assist women Later this year I will be celebrating what I in all of the roles that they fulfil as they think Senator Faulkner alluded to in his no- move through their lives. That is part of rec- tice of motion as the 30th year of Interna- ognising that there are different needs in re- tional Women’s Day. Some of us have a care- lation to education, families, work and re- ful and close regard for many of the indica- tirement, all at different points in their lives tors of women’s participation and involve- and all at different levels of the community. ment in society and the community and of We well know, over the last perhaps 18 their general wellbeing. The quality of the months to two years, the extent of the debate debate that has occurred here today, I must in the community about the challenges of say, is insulting. It would be good to see a balancing work and family life, trying to de- clear and frank discussion of valid indicators termine where the balance actually lies, about women’s progress, not the flippant working out it means to be in a partnership disregard that occurred in the discussion in trying to do that and all of those sorts of is- question time today. sues. The Human Rights and Equal Opportu- nity Commission and particularly the Sex Senator PAYNE (New South Wales) Discrimination Commissioner, Pru Goward, (3.16 p.m.)—It was interesting to hear com- have done some exceptional work in this ments on the quality of debate from the other regard. I think a number of members of the side. In fact, the material which Senator Pat- Senate have had an opportunity to examine terson in particular put on the record in ques- that. tion time this afternoon, and to which I will refer in this debate, is relevant to precisely I will now look at some of the fundamen- the sorts of people to which Senator Collins tals that people need in order to work was referring. I note in passing that Senator through their lives and deal with some of Collins is keen to assure the chamber that those issues. I will start with child care. In she did not enter the parliament under any pure financial terms this government has arrangement concerning quotas or targets or spent and continues to spend more on child both of the above. I am sure it is important to care than any of our predecessor Labor gov- note that for the record. But it is undeniable ernments ever did. In fact, in the six years to that those opposite in the Australian Labor 2003-04, that amounted to around $8.8 bil- Party do support a quota system that is not lion in child care in this country. I remember supported on this side of the parliament. If very early in my role in the Senate participat- senators on the other side want to walk away ing in a community affairs inquiry into child from that now then perhaps that is an internal care, where changes which were proposed by party matter they want to pursue. But it is a the coalition government were meant to matter of fact and a matter of record that that bring an end to child care as we know it. is an arrangement in that party’s organisa- That was clearly not the case. tion. Clearly there are ongoing challenges. We What I want to say this afternoon is that addressed those in a number of our election this government, for its entire term since policies last year. Those were election poli- 1996, has supported a policy of both oppor- cies which the Australian constituency de- tunity and choice for women, and for pre- cided they preferred over the election poli- cisely the sorts of women to whom Senator cies presented in this area by the other side. We use the family tax benefit to assist fami-
CHAMBER Tuesday, 8 March 2005 SENATE 41 lies with children. Around two million fami- gets thrown around in debates like this is the lies in Australia, who have 3.5 million of ‘gender gap’, particularly in relation to issues Australia’s children, benefit from that family to do with wage levels. One of the other gaps tax benefit. Changes introduced in the that is relevant to this debate is the gap be- 2004-05 budget will enhance the level of tween the rhetoric and the reality—the rheto- support that is provided to most of those ric of the government, which we have just families. For example, there was the lump heard two of the speakers from the govern- sum payment of $600 per child, which has ment engage in, and the reality of what is been paid to families who receive or are eli- facing workers in this country, particularly gible to receive family tax benefit A. There those who are low paid, those who are under will be an ongoing $600 increase in the level awards and those who are relying on the of family tax benefit A payment per child. minimum wage. In many of those cases they Also, from 1 July this year, secondary in- are women workers. come earners who return to work after caring Senator Payne rattled off statistics about for a child will be able to keep the family tax what this government has supposedly done benefit B received prior to their return to the to assist women to rejoin the work force as a work force. They are just a couple of exam- matter of choice. The reality is that for many ples. The chamber today discussed support women it is not a matter of choice; it has for new mothers in the maternity payment of become a matter of absolute necessity. In $3,000, which was introduced on 1 July last some cases they have had to return to the year. That payment assists with the costs as- work force earlier than they would have oth- sociated with the birth or adoption of a new erwise wanted to because of the economic baby. That rate will increase from 1 July pressure, the financial pressure, on their 2008. families. Clearly, we all support choice, but Senator Humphries referred comprehen- it should be a choice that is able to be en- sively to the participation of women in the tered into freely, not one that is forced upon work force as well. The government also families, as we have increasingly seen under pursues transition to work services particu- this government. The government talks about larly for parents, carers and mature aged peo- low interest rates. What it fails to mention is ple—overwhelmingly women, in this case— that if you look at the proportion of house- who want to return to or join the work force. hold income that has to be paid today on a That gives people guidance on possible ca- home loan you will see that it has gone up reer directions as well as help in areas like substantially. That is also the case if you look skill assessments, confidence and self-esteem at levels of credit card debt and at the pres- issues. Whether it is career and training sures on families right across the board. plans, information technology or access to Senator Payne referred to what the gov- training, it is all fundamental support for ernment has done with the payment of the women who wish to continue in or return to $600 baby bonus and the other announce- the work force. They are baseline, important ments that were made prior to the election levels of support for people trying to achieve last year—the election bribery that it en- that family-work-life balance that we talked gaged in. What we know is that there are about. There is also a number of initiatives in thousands and thousands of families across relation to leadership. (Time expired) this country who have been hit with debts Senator FORSHAW (New South Wales) from Centrelink for the last two or three (3.22 p.m.)—One of the phrases that often years because of the policies followed by this
CHAMBER 42 SENATE Tuesday, 8 March 2005 government. Many cases were drawn to my He said that they were not entitled to super- attention and to the attention of other mem- annuation, and now we hear this government bers of parliament. Mothers were ringing up trying to take the credit for increased super- our offices saying, ‘I’ve just got this bill annuation coverage for workers. It was a from Centrelink to repay a large amount of Labor government that introduced it and it the family allowance.’ Those women were was coalition governments in the states and not ringing up to give plaudits to the gov- federally under Malcolm Fraser and subse- ernment for their supposed assistance to quently under John Howard that opposed them. They were very critical of the extreme that time and time again. (Time expired) financial pressure that they were facing. Senator STOTT DESPOJA (South Aus- I want to turn to one critical aspect of this tralia) (3.27 p.m.)—The matter I wish to whole debate, and that is the role of the raise in the context of this debate is indeed minimum wage and this government’s ap- covered by the take note of answers motion proach. We have heard in recent times Minis- that the Labor Party has moved. I wish to ter Andrews, the Prime Minister and others refer specifically to the issue of the maternity talking up how, once they get control of this payment, which has been mentioned by a chamber, they are going to ram through their couple of speakers in this debate, but before I industrial relations policies, such as getting do I want to wish my female colleagues and rid of the unfair dismissal laws. When you all women in Australia a happy International have a work force in this country, many of Women’s Day. them women, who are in low-paid jobs, in We have had many debates about the ma- casual employment—the vast majority are in ternity payment in this place. Honourable casual employment—one of the only protec- senators would be aware of the Democrat tions they have under the industrial relations preference for a system of national, govern- system in this country is against unfair dis- ment funded, paid maternity leave, prefera- missal. That is going to disappear under this bly for 14 weeks, as is the ILO standard, and government after July. certainly, under the bill that I have proposed, One of the other protections they have is at at least the minimum rate. In the context the right to an award rate of pay, a minimum of today’s debate and a question that I asked rate of pay. I have had some experience of the minister—and that is relevant to Interna- this, as have my colleagues Senator George tional Women’s Day—is the fact that adop- Campbell and Senator Sherry in previous tive parents are not entitled to access the ma- careers: going before the Industrial Relations ternity payment if they adopt children who Commission, the independent umpire, and are older than 26 weeks. I do not mean to arguing for national wage increases, for in- reflect upon a decision or a vote of the Sen- creases in the minimum wage, for workers ate, because we know that this debate was in under awards. What I recall is that time after full fling last night, but the government—and time, for year after year, the conservatives, I commend them, as I did the minister today the coalition parties, opposed every single in question time—have ensured that adoptive one of those national wage increases. I recall parents can now access the baby bonus, al- the Treasurer, Mr Costello, then an advocate beit retrospectively. The baby bonus has for the National Farmers Federation, getting been replaced by the maternity payment, but up and opposing superannuation for award the same changes have not been made. That workers in this country, for many of the means that we still have a situation where women and men on basic award rates of pay. adoptive parents are discriminated against
CHAMBER Tuesday, 8 March 2005 SENATE 43 unfairly because they cannot access the ma- Domestic violence is an outstanding issue. ternity payment if their child is more than 26 Unfortunately, the Partnerships Against Do- weeks old. mestic Violence program is due to run out in I asked about this issue today in question the middle of this year. I have heard no re- time. A number of senators have commented ports that it will be replaced or continued. I on the issue of the maternity payment, but I have looked at the forward estimates in rela- want to draw the Senate’s attention to one tion to the National Initiative to Combat blatant, discriminatory fact. If you are an Sexual Assault and I cannot see that funding adoptive parent in Australia today and you being anything but halved in future years. adopt a child of more than 26 weeks you We have a range of issues, not the least of cannot get that vital government financial which is paternity and maternity leave. Let support to which you should be entitled and, us not pretend that fobbing Australian indeed, to which, as of last night, you would women off with a $3,000 one-off payment is have been entitled if it had been the baby actually going to address the systematic dis- bonus. I know it gets confusing, but that is advantage that women have in the work what happens when you are dealing with force—that is, women wanting to take time retrospectivity in legislation and when the off at the birth of a child. government makes poor policy changes even There are many other issues affecting when it has been forewarned of such an is- Australian women. They are the ones we sue. should be debating and discussing today in I put on record today the fact that this is addition to celebrating our goals and discriminatory and the fact that most adop- achievements. I look forward to the day tions that take place, particularly those from when we have better and perhaps propor- overseas, are of children of more than 26 tional representation of women not just in weeks of age. I call again on the government this place but in executive power as well. I and specifically the Minister for Family and once again call on the government to end this Community Services to rectify this problem blatant discrimination against adoptive par- with the maternity payment, as they did last ents with children over 26 weeks of age. night for the baby bonus. I do thank Minister Question agreed to. Coonan for her work on this issue. CONDOLENCES International Women’s Day generally is a Mr James Corbett great opportunity for us to acknowledge how The DEPUTY PRESIDENT (3.32 far we have come, and I do not deny that. p.m.)—It is with deep regret that I inform the Both major parties in this place talk about Senate of the death on 3 March 2005 of the achievements, but we also need to talk James Corbett, a former member of the about and assess the campaigns that we have House of Representatives for the division of left to fight. There are a number of out- Maranoa, Queensland from 1966 to 1980. standing issues in society today confronting women. Yes, industrial relations reform is PETITIONS one of them. Yes, the gender wage gap, to The Clerk—A petition has been lodged which Senator Forshaw referred, is an- for presentation as follows: other—the inequity in terms of pay rates; the unequal pay rates for men and women for the same work.
CHAMBER 44 SENATE Tuesday, 8 March 2005
Workplace Relations: Paid Maternity Senator Conroy to move on the next day Leave of sitting: To the Honourable the President and Members of That the Senate— the Senate in Parliament assembled. The Petition (a) notes that: of the undersigned shows: (i) on 21 February 2005 the Australian • Our concern that Australia is now one of Competition and Consumer Commis- only two OECD countries without a national sion (ACCC) reached an agreement scheme of paid maternity leave; with Telstra to deal with issues in- • Our concern about the two-thirds of Austra- volved in the competition notice issued lian working women who currently lack any to Telstra on 19 March 2004, and paid support on the birth of a child; (ii) while the ACCC maintains that Tel- • Our strong support for the adoption of a na- stra’s conduct was likely to have been tional scheme of paid maternity leave for in breach of the Trade Practices Act it Australian working women at the earliest decided to resolve the matter after ob- opportunity; taining senior legal advice; and • Our belief that paid maternity leave is an (b) resolves that there be laid on the table, no employment-related measure that recognises, later than 3.30 pm on Thursday, 17 March first and foremost, the benefits of at least 14 2005, a report by the ACCC containing: weeks paid leave for working mothers, their (i) the internal and external legal advice it children and their families, along with its obtained which caused it to decide to contribution to equal opportunity at work, resolve the matters raised in the compe- productivity, and women’s employment se- tition notice without litigation, and curity and attachment. (ii) details of the nature of the evidence Your Petitioners request that the Senate should at received from Telstra’s wholesale cus- the earliest opportunity pass legislation to provide tomers which influenced its decision to a national system of paid maternity leave which take no further action in relation to the recognises the principles of ILO Convention 183, matters raised in the competition no- and provides at least a 14 week payment for tice. working women at the level of their normal earn- ings (or at least at the minimum wage), with Senator Conroy to move on the next day minimal exclusions of any class of women, and a of sitting: significant contribution from Government. That the Senate— by Senator Stott Despoja (from 15 citi- (a) notes that on 21 February 2005 the Austra- zens). lian Competition and Consumer Commis- sion (ACCC) reached an agreement with Petition received. Telstra to deal with issues involved in the NOTICES competition notice issued to Telstra on 19 Presentation March 2004; and Senator Forshaw to move on the next (b) resolves that there by laid on the table, no later than 3.30 pm on 10 May 2005, a re- day of sitting: port by the ACCC containing: That the Finance and Public Administration (i) recommendations by the ACCC to: References Committee be authorised to hold a public meeting during the sitting of the Senate on (A) prevent a similar situation from re- Thursday, 10 March 2005, from 4 pm to 8 pm, to curring, and take evidence for the committee’s inquiry into the (B) improve the ACCC’s ability to han- Regional Partnerships program. dle anti-competitive behaviour en- gaged in by Telstra,
CHAMBER Tuesday, 8 March 2005 SENATE 45
(ii) specific details of the pricing conduct (d) affirms the vital importance of the un- for which Telstra will be rebating its equivocal undertaking made at the Year wholesale customers through the set- 2000 NPT Review conference by the nu- tlement including the period of time clear weapons states, to accomplish the to- during which this conduct was under- tal and unequivocal elimination of their taken, nuclear weapons arsenals, and of the 13 (iii) an explanation of how the settlement steps agreed to at that meeting; will act as a deterrent to Telstra engag- (e) urges the Government to: ing in anti-competitive conduct in the (i) pursue a balanced and integrated ap- future both in the broadband market proach on both disarmament and non- and in other telecommunications mar- proliferation fronts at the NTP Review, kets, (ii) call on nuclear weapons states and nu- (iv) an explanation of how the structure of clear weapons-capable states not to de- the retail broadband market has been velop new types of nuclear weapons, or affected by Telstra’s conduct during the new rationalizations for their threat or period of the competition notice, in- use, in accordance with their commit- cluding the impact of Telstra’s conduct ment to diminish the role of nuclear on retail market shares of broadband weapons in their security policies, and internet service providers, and (iii) call for concrete agreed steps by nu- (v) an explanation of how the settlement clear weapons states and nuclear weap- will rectify any detrimental impacts on ons-capable states to lower the operat- the structure of the retail broadband ing status of nuclear weapons systems market that have resulted from Telstra’s in their possession, as called for by conduct. Australia’s L23 Path to a Nuclear Free Senator Allison to move on the next day World; of sitting: (f) welcomes the appeal, signed by 25 Nobel That the Senate— prize-winners, calling on the governments of the United States of America, Russia, (a) notes the Nuclear Non-proliferation Treaty China, France, the United Kingdom, India, (NPT) Review conference commencing Pakistan, Israel and North Korea, to sup- on 1 May 2005 in New York and the vital port and implement steps to lower the op- importance of the NPT as an instrument of erational status of their nuclear weapon both nuclear disarmament and non- systems in order to reduce the risk of nu- proliferation; clear catastrophe; (b) expresses its deep concern over: (g) notes and strongly affirms continued ef- (i) the proliferation of weapons of mass forts by the Government to secure univer- destruction and particularly those with sal adherence to, and ratification of, the nuclear weapons capabilities, and Comprehensive Nuclear Test Ban Treaty; (ii) the danger to humanity posed by the and possibility that nuclear weapons could (h) requests that this resolution be conveyed be used and at the lack of implementa- to the foreign ministries and United Na- tion of binding obligations and agreed tions (UN) missions of all participants in steps towards nuclear disarmament; the NPT Review conference, the UN Sec- (c) calls for the full implementation of all retary-General, the Director-General of relevant articles of the treaty including Ar- the International Atomic Energy Agency ticles I and II on non-proliferation and Ar- and the Chair of the 2005 NPT Review ticle VI on the achievement of nuclear conference, as well as the governments of disarmament; India, Pakistan and Israel.
CHAMBER 46 SENATE Tuesday, 8 March 2005
Senator Marshall and also on behalf of dinances, I give notice that 15 days hence Senator Nettle to move 15 sitting days hence: Senator Tchen will move: That the Guidelines in relation to the exercise That the Guidelines in relation to the exercise of Compliance Powers in the Building and Con- of Compliance Powers in the Building and Con- struction Industry, made under section 88AGA of struction Industry, made under section 88AGA of the Workplace Relations Act 1996, be disallowed. the Workplace Relations Act 1996, be disallowed. Senator Brown to move on the next day I seek leave to incorporate in Hansard a of sitting: short summary of the matters raised by the That the Senate— committee. (a) notes that: Leave granted. (i) laws aimed to reduce the amount of The summary read as follows— synthetic greenhouse gases and estab- Guidelines in relation to the exercise of Com- lish a licensing system for the import, pliance Powers in the Building and Construc- export and manufacture of synthetic tion Industry greenhouse gases passed the Senate in November 2003, These Guidelines specify guidelines to be used by a delegate of the Secretary to the Department of (ii) the Ozone Protection and Synthetic Employment and Workplace Relations in exercis- Greenhouse Gas Management ing powers under Part VA of the Act, such as re- Amendment Regulations 2004 were quiring a person to provide information or docu- gazetted in December 2004 for com- ments in relation to a building industry investiga- mencement on 1 January 2005, and tion. (iii) the Minister for the Environment and Clause 15 of these Guidelines specifies limita- Heritage has failed to appoint the tions on the use of the power to issue a notice. board, specified in these regulations, Paragraph (a) states that a power must only be which would issue industry permits and used for building industry investigations, but licences for the use of certain refrigera- must not be used for matters that are minor or tion and air conditioning greenhouse petty. This reflects subsection 88AA(3) of the gases; and Workplace Relations Act 1996 (as amended). (b) calls on the Minister to make a full expla- Questions may be raised as to whether a matter is nation to the Senate in which he details: ‘minor or petty’. The Committee has entered into (i) whether he has abandoned the scheme correspondence with the Minister on this matter. as outlined in the regulations, Senator NETTLE (New South Wales) (ii) the level of uncertainty in the industry, (3.35 p.m.)—Pursuant to standing order (iii) whether he has succumbed to pressure 78(1), I give notice of my intention, at the from the motor vehicle industry in giving of notices on the next day of sitting, Western Australia which wants a dual to withdraw business of the Senate notice of system for the regulation of synthetic motion numbers 1 to 27 standing in my name greenhouse gases rather than the single for ten sitting days after today for the disal- system outlined in the regulations, and lowance of the certain approval notices un- (iv) the cost already borne by taxpayers in der the Higher Education Support Act 2003. the setting up of the original scheme. BUSINESS Senator FERRIS (South Australia) (3.34 Rearrangement p.m.)—On behalf of Senator Tchen and the Standing Committee on Regulations and Or- Senator IAN CAMPBELL (Western Australia—Minister for the Environment and Heritage) (3.35 p.m.)—I move:
CHAMBER Tuesday, 8 March 2005 SENATE 47
That government business order of the day no. aims and objectives, and the barriers to 4 (Superannuation Legislation Amendment Bill progress; 2004) be postponed till the next day of sitting. (b) the adequacy of various modes of care Question agreed to. for people with a mental illness, in par- NOTICES ticular, prevention, early intervention, acute care, community care, after hours Postponement crisis services and respite care; Items of business were postponed as fol- (c) opportunities for improving coordina- lows: tion and delivery of funding and ser- Business of the Senate notice of motion no. 1 vices at all levels of government to en- standing in the name of Senator Murray for sure appropriate and comprehensive today, proposing an amendment to the terms care is provided throughout the episode of reference for the Legal and Constitutional of care; References Committee inquiry into the effec- (d) the appropriate role of the private and tiveness and appropriateness of the Privacy non-government sectors; Act 1988, postponed till 16 March 2005. (e) the extent to which unmet need in sup- Business of the Senate notice of motion no. 1 ported accommodation, employment, standing in the name of Senator Greig for family and social support services, is a 10 March 2005, relating to the proposed ac- barrier to better mental health out- creditation of the Southern Bluefin Tuna comes; Fisheries Management Plan, postponed till (f) the special needs of groups such as 16 March 2005. children, adolescents, the aged, Indige- General business notice of motion no. 80 nous Australians, the socially and geo- standing in the name of the Leader of the graphically isolated and of people with Australian Democrats (Senator Allison) for complex and co-morbid conditions and today, relating to decriminalisation of abor- drug and alcohol dependence; tion, postponed till 9 March 2005. (g) the role and adequacy of training and COMMITTEES support for primary carers in the treat- ment, recovery and support of people Mental Health Committee with a mental illness; Establishment (h) the role of primary health care in pro- Senator ALLISON (Victoria—Leader of motion, prevention, early detection and the Australian Democrats) (3.36 p.m.)—by chronic care management; leave—I, and also on behalf of Senator Tier- (i) opportunities for reducing the effects of ney and Senator Evans, move the motion as iatrogenesis and promoting recovery- amended: focussed care through consumer in- (1) That a select committee, to be known as volvement, peer support and education the Select Committee on Mental Health, of the mental health workforce, and for be appointed to inquire into and report by services to be consumer-operated; 6 October 2005 on the provision of mental (j) the overrepresentation of people with a health services in Australia, with particu- mental illness in the criminal justice lar reference to: system and in custody, the extent to (a) the extent to which the National Mental which these environments give rise to Health Strategy, the resources commit- mental illness, the adequacy of legisla- ted to it and the division of responsibil- tion and processes in protecting their ity for policy and funding between all human rights and the use of diversion levels of government have achieved its programs for such people;
CHAMBER 48 SENATE Tuesday, 8 March 2005
(k) the practice of detention and seclusion (6) That the quorum of the committee be 3 within mental health facilities and the members. extent to which it is compatible with (7) Where the votes on any question before human rights instruments, humane the committee being equally divided, the treatment and care standards, and chair, or deputy chair when acting as proven practice in promoting engage- chair, shall have a casting vote. ment and minimising treatment refusal (8) That the committee and any subcommittee and coercion; have power to send for and examine per- (l) the adequacy of education in de- sons and documents, to move from place stigmatising mental illness and disor- to place, to sit in public or in private, not- ders and in providing support service withstanding any prorogation of the Par- information to people affected by men- liament or dissolution of the House of tal illness and their families and carers; Representatives, and have leave to report (m) the proficiency and accountability of from time to time its proceedings and the agencies, such as housing, employ- evidence taken, and such interim recom- ment, law enforcement and general mendations as it may deem fit. health services, in dealing appropri- (9) That the committee have power to appoint ately with people affected by mental subcommittees consisting of 3 or more of illness; its members and to refer to any such sub- (n) the current state of mental health re- committee any of the matters which the search, the adequacy of its funding and committee is empowered to consider. the extent to which best practice is dis- (10) That the quorum of a subcommittee be 2 seminated; members. (o) the adequacy of data collection, out- (11) That the committee be provided with all come measures and quality control for necessary staff, facilities and resources monitoring and evaluating mental and be empowered to appoint persons health services at all levels of govern- with specialist knowledge for the purposes ment and opportunities to link funding of the committee with the approval of the with compliance with national stan- President. dards; and (12) That the committee be empowered to print (p) the potential for new modes of delivery from day to day such documents and evi- of mental health care, including e-tech- dence as may be ordered by it, and a daily nology. Hansard be published of such proceedings (2) That the committee consist of 7 senators, as take place in public. 3 nominated by the Leader of the Gov- Question agreed to. ernment in the Senate, 3 nominated by the Leader of the Opposition in the Senate and Foreign Affairs, Defence and Trade the Leader of the Australian Democrats. References Committee (3) That the chair of the committee be the Reference Leader of the Australian Democrats. Senator GEORGE CAMPBELL (New (4) That the deputy chair of the committee be South Wales) (3.38 p.m.)—I, and also on elected by and from the members of the behalf of Senators Evans, Brown and Alli- committee. son, move: (5) That the deputy chair act as chair when That the following matters be referred to the there is no chair or the chair is not present Foreign Affairs, Defence and Trade References at a meeting. Committee for inquiry and report by 21 June 2005:
CHAMBER Tuesday, 8 March 2005 SENATE 49
(a) whether any Australian personnel (includ- McLucas, J.E. Moore, C. ing employees, contractors and consult- Murphy, S.M. Murray, A.J.M. ants) were present, or had duties which in- Nettle, K. O’Brien, K.W.K. cluded being present, during any interro- Ray, R.F. Ridgeway, A.D. gations or interviews (however defined) of Sherry, N.J. Stephens, U. persons detained in relation to the war in Stott Despoja, N. Webber, R. Iraq, and in particular those persons sus- Wong, P. pected of having knowledge of Iraq’s NOES weapons of mass destruction; Abetz, E. Barnett, G. (b) whether any knowledge of, or concerns Boswell, R.L.D. Brandis, G.H. regarding, the treatment of those Iraqi de- Calvert, P.H. Campbell, I.G. tainees was provided to Australian Gov- Chapman, H.G.P. Colbeck, R. ernment departments, agencies and minis- Coonan, H.L. Eggleston, A. ters, and what actions resulted from the Ellison, C.M. Ferguson, A.B. provision of this information; Ferris, J.M. * Fifield, M.P. (c) whether the Iraq Survey Group (ISG) Harris, L. Heffernan, W. were able to report frankly and fearlessly Hill, R.M. Humphries, G. Johnston, D. Kemp, C.R. on what they had found, or whether at- Knowles, S.C. Lightfoot, P.R. tempts were made to censor or otherwise Macdonald, J.A.L. Mason, B.J. distort their findings; and Minchin, N.H. Patterson, K.C. (d) whether any Australian personnel pro- Payne, M.A. Santoro, S. vided information or concerns to any part Scullion, N.G. Tchen, T. of the Australian Government relating to Tierney, J.W. Troeth, J.M. concerns about the functions or reports of Vanstone, A.E. Watson, J.O.W. the ISG, and what actions resulted from PAIRS the provision of this information. Cook, P.F.S. Macdonald, I. Question put. Hutchins, S.P. McGauran, J.J.J. The Senate divided. [3.43 p.m.] * denotes teller (The President—Senator the Hon. Paul Question agreed to. Calvert) FORESTRY: LOGGING Ayes………… 37 Senator BROWN (Tasmania) (3.50 Noes………… 34 p.m.)—I move: Majority……… 3 That the Senate— (a) notes that: AYES (i) on 4 March 2005 Tasmania’s Resource Allison, L.F. Bartlett, A.J.J. Management and Planning Appeal Tri- Bishop, T.M. Bolkus, N. bunal found that there is a prima facie Brown, B.J. Buckland, G. case of environmental harm, including Campbell, G. * Carr, K.J. landslips and pollution and diminution Cherry, J.C. Collins, J.M.A. of domestic water supplies, if logging Conroy, S.M. Crossin, P.M. Denman, K.J. Evans, C.V. proceeds at South Sister near St Marys, Faulkner, J.P. Forshaw, M.G. (ii) the tribunal nevertheless denied the Greig, B. Hogg, J.J. resident’s request for a temporary order Kirk, L. Lees, M.H. to halt the logging because the resi- Ludwig, J.W. Lundy, K.A. dents are unable to give an undertaking Mackay, S.M. Marshall, G. to pay ‘many tens of thousands of dol-
CHAMBER 50 SENATE Tuesday, 8 March 2005
lars’ to Forestry Tasmania if their case jects/Indigenous Employment Centres failed, and (CDEP/IEC) Award winners: (iii) a separate application for a permanent Employment and Training Award: order has been listed for 6 to 8 June Bungala Aboriginal Corporation, Port 2005; and Augusta (b) calls on the Minister for the Environment Community and Cultural Benefit and Heritage to discuss with his Tasma- Award: Broome Aboriginal Media As- nian counterpart whether it is appropriate sociation that the logging of this coup of forests be Business Development Award: Wunan delayed until the new application from the Foundation, Kununurra claimant is heard by the tribunal and a IEC Outstanding Achievement Award: finding issued. Western Queensland Regional CDEP, Question agreed to. Mount Isa INTERNATIONAL WOMEN’S DAY CDEP Outstanding Individual Senator FAULKNER (New South Achievement Award (Female): Linda Wales) (3.51 p.m.)—I move: Williams, Angurugu CDEP, Groote Ey- landt That the Senate notes that: CDEP Outstanding Individual (a) 8 March 2005 is the 30th anniversary of Achievement Award (Male): Jay Daley, the United Nations officially celebrating Ngunnawal Aboriginal Corporation, International Women’s Day; Canberra (b) 8 March 2005 is also the 30th anniversary IEC Outstanding Individual Achieve- of Mr Gough Whitlam becoming the first ment Award (Female): Libby Morgan, Australian Prime Minister to launch Inter- Cairns Regional CDEP national Women’s Day, which had first been celebrated by Australian women in IEC Outstanding Individual Achieve- 1928; and ment Award (Male): James Davies, Bungala Aboriginal Corporation, Port (c) the Whitlam Government, as well as be- Augusta; coming the first Australian Government to officially support International Women’s (b) recognises that unemployment is an inter- Day, took a number of steps to end dis- generational problem in most Indigenous crimination against women in Australian communities and that CDEP projects play a key role in restoring pride in Indigenous society, including re-opening the equal pay case, mandating equal opportunities communities and individuals as they see the tangible results and benefits of their for women in federal government em- ployment and appointing women to judi- work; cial and administrative positions. (c) notes that the Government is currently Question agreed to. restructuring CDEP and expresses its con- cern that the important community devel- INDIGENOUS EMPLOYMENT: opment functions of CDEP will be dis- AWARDS carded when the program is subsumed Senator RIDGEWAY (New South Wales) into the Job Network; and (3.51 p.m.)—I move: (d) calls on the Government to guarantee that in its restructure of CDEP: That the Senate— (i) community and cultural development (a) congratulates the 2005 Community De- CDEP activities will not be down- velopment Employment Pro- graded,
CHAMBER Tuesday, 8 March 2005 SENATE 51
(ii) both CDEP positions and funding are and children in Aboriginal communi- increased, ties, and (iii) communities will still be able to set (ii) numerous communities in Western their own goals for their CDEP, and Australia, Victoria and Queensland (iv) the role of CDEP in any future shared have been inspired by the ‘Blackout responsibility agreements is clarified. Violence’ campaign and have requested the assistance of the NSW organisers to Question agreed to. apply the campaign as a national model ‘BLACKOUT VIOLENCE’ CAMPAIGN to counter family violence; Senator RIDGEWAY (New South Wales) (c) encourages the NSW Government to ex- (3.52 p.m.)—I seek leave to amend general peditiously approve the application for business notice of motion No. 82 by deleting funding to formally draft the ‘Blackout the words ‘and the Department of Aboriginal Violence’ model for use by other Indige- Affairs’ and ‘favourably and’. The amend- nous communities; and ment is a clarification to make the reading of (d) calls on the Commonwealth Government the motion much clearer. to work with the NSW Government and in partnership with Indigenous communities Leave granted. and community organisations, to ensure Senator RIDGEWAY—I move the mo- that such community initiatives are recog- tion as amended: nised and appropriately resourced in the Governments’ Indigenous Affairs policies That the Senate— and programs. (a) congratulates the organisers of the Inner Question negatived. Sydney ‘Blackout Violence’ campaign against family violence and sexual assault Senator Ridgeway—Might I seek clarifi- against women in Aboriginal communities cation on that vote? I understood that the for receiving the 2004 Violence Against government was supporting the motion as Women Prevention Award at New South amended. Wales (NSW) Parliament on 25 November 2004 for ‘outstanding contribution to the The DEPUTY PRESIDENT—I can only prevention and reduction of violence go on the voices, and the voices as repre- against women in NSW’, earned through sented by the government I called ‘no’. their sustained campaign which was INTERNATIONAL WOMEN’S DAY launched in September 2004 with Abo- riginal footballers wearing purple arm- Senator STOTT DESPOJA (South Aus- bands at the NSW Aboriginal Rugby tralia) (3.54 p.m.)—I move: League Knockout; That the Senate— (b) notes that: (a) notes that: (i) the ‘Blackout Violence’ campaign is a (i) 8 March is International Women’s Day, local community initiative which has (ii) the Women’s Rights Action Network been successful through the hard work Australia recently gave Australian gov- of Dixie Gordon, Redfern Legal Cen- ernments a D-minus for their handling tre, Rob Welsh, Metropolitan Aborigi- of women’s human rights, nal Land Council and the Inner City (iii) the Government intends to discontinue Domestic Violence Action Group, and funding to the Partnerships Against that they are still working to keep up Domestic Violence program, including the momentum of the struggle against the Australian Domestic and Family all forms of violence against women
CHAMBER 52 SENATE Tuesday, 8 March 2005
Violence Clearinghouse, after 30 June Centre for the Study of Sexual Assault af- 2005, ter 30 June 2005. (iv) the Government is likely to halve fund- Question agreed to. ing in the 2005-06 financial year to the ABORTION National Initiative to Combat Sexual Assault program, which may result in Senator STOTT DESPOJA (South Aus- the Australian Centre for the Study of tralia) (3.54 p.m.)—I move: Sexual Assault being forced to close af- That there be laid on the table by the Minister ter 30 June 2005, representing the Minister for Health and Ageing, (v) according to forward estimates con- no later than the conclusion of question time on tained in the 2004-05 Budget, the Gov- 17 March 2005, the following documents: ernment plans to spend just $3.4 mil- (a) any instructions given by the Minister for lion in the 2005-06 financial year on Health and Ageing to the Department of women’s programs, compared to an es- Health and Ageing to prepare advice re- timated $11.6 million in the 2004-05 garding the abortion issue within the past financial year and $25 million in the 12 months; and 2003-04 financial year, (b) any responses from the Department of (vi) Australia remains one of only two Or- Health and Ageing received by the Minis- ganisation for Economic Co-operation ter in relation to those instructions within and Development (OECD) countries the past 12 months. without a national scheme of paid ma- Question agreed to. ternity leave, and two-thirds of working women (mostly those in lower paid po- COMMITTEES sitions) do not have access to paid Rural and Regional Affairs and Transport leave on the birth of a child, Legislation Committee (vii) Australia continues to have one of the Meeting lowest female workforce participation rates in the OECD, Senator FERRIS (South Australia) (3.55 (viii) women’s full-time, ordinary time earn- p.m.)—At the request of Senator Heffernan, ings are still only 85 per cent of men’s I move: while women’s total earnings, includ- That the Rural and Regional Affairs and ing part-time and casual employees, are Transport Legislation Committee be authorised to only 66 per cent of men’s, and these hold a public meeting during the sitting of the rates have changed little since the Senate on Wednesday, 9 March 2005, from 10.30 Howard Government was first elected am to 11.30 am, to take evidence for the commit- in 1996, and tee’s inquiry under standing order 25(2)(b) into (ix) women hold only 10.2 per cent of ex- the implementation of a recommendation in its ecutive management positions and only report concerning the Australian meat quota con- 3.2 per cent of the top executive posi- sultative structure. tions in Australia, and women who are Question agreed to. in senior management positions are Corporations and Financial Services paid around 90 per cent of their male Committee: Joint counterparts; and Meeting (b) calls on the Government to do more for women and, in particular, to continue to Senator FERRIS (South Australia) (3.56 fund the Australian Domestic and Family p.m.)—At the request of Senator Chapman, I Violence Clearinghouse and the Australian move:
CHAMBER Tuesday, 8 March 2005 SENATE 53
That the Parliamentary Joint Committee on symbolise the achievements of women and Corporations and Financial Services be author- to send a message to governments—not just ised to hold a public meeting during the sitting of here in Australia, but everywhere—that the Senate on Tuesday, 15 March 2005, from 5 women’s issues matter. Today I would like to pm, to take evidence for the committee’s inquiry focus my comments on the lack of respect into the statutory oversight of the operations of accorded to Australian women by this gov- ASIC. ernment which has been demonstrated in Question agreed to. many ways, not least by its failure to address MATTERS OF PUBLIC IMPORTANCE the needs of working women. Howard Government: Policy At present, women are paid over $16,000 The DEPUTY PRESIDENT—The less per year than men. That is the difference President has received a letter from Senator when we compare the total average wage of Lundy proposing that a definite matter of men and women. On average, women work- public importance be submitted to the Senate ing full time are paid 15 per cent less than for discussion, namely: men working full time—earning an average The need for the Federal Government to: of $150 less. Only about 12 per cent of women workers were able to benefit from (1) redress the decline in women’s wages compared with men’s over the life of the the tax cuts which went to those earning over Howard Government; $52,000. Women form the majority of low paid and casual workers. Nearly 1.2 million (2) develop a solution to punishing effective marginal tax rates which act as a barrier women workers are in casual work, which to increasing the participation of women means that they have no access to paid leave and sole parents in particular in paid to look after families and no security of em- work; and ployment to offer as collateral—for example, (3) increase access to affordable childcare, for a housing loan. and ensure that the supply and cost of The Howard government’s proposed in- childcare makes childcare available and dustrial relations measures which it will affordable for sole parents entering the force through the parliament after the July workforce. Senate changes are of enormous concern to I call upon those senators who approve of the women. We have already been given warning proposed discussion to rise in their places. of the government’s punitive and merciless More than the number of senators re- approach to low paid workers, most of them quired by the standing orders having risen in women, in its proposed—and I have to say their places— cynically titled—Workplace Relations The DEPUTY PRESIDENT—I under- Amendment (Protecting the Low Paid) Bill stand that informal arrangements have been 2003. Now the Australian Industrial Rela- made to allocate specific times to each of the tions Commission and its role in setting speakers in today’s debate. With the concur- minimum wages is under attack by the gov- rence of the Senate, I shall ask the clerks to ernment. We know that the Howard govern- set the clock accordingly. ment has done woefully little to support working women and working parents. The Senator LUNDY (Australian Capital Ter- government has signalled its disdain for the ritory) (3.57 p.m.)—It is International needs of working families and of the impor- Women’s Day today. Many women are wear- tance of family friendly workplaces. ing the colours of green, white and violet to
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At the recent federal election, the gov- Two years ago the issue of maternity leave ernment did not even bother to put forward a in Australia received a great deal of atten- work and family policy. Work and family tion, although not a lot of it by this govern- issues appear to be beyond the comprehen- ment. The Sex Discrimination Commissioner sion of this government, despite the degree then pointed out: of lip-service that they endlessly repeat in The absence of a national scheme [of paid mater- defence of their poor policies. The evidence nity leave] means that Australian women will is certainly there: the Howard government continue to return to work early and leave their have systematically white-anted the child- children early, hardly in step with a so-called care programs that were built up under La- family-focused nation such as ours. Meanwhile bor, thereby reducing access to and the avail- women in all other OECD countries, except the ability of quality child care. Working parents United States, are able to remain at home for at least those first ... months. are meant to be accorded a higher priority for child-care places than nonworking parents The Sex Discrimination Commissioner said but the Australian Bureau of Statistics data that it is the responsibility of the government shows that the parents of 174,500 children to provide a comparable maternity leave cannot find the child-care services that they scheme to those in other OECD countries, require—that they need. So the government and urged this country ‘to commit to a na- have chosen consistently to ignore the needs tional scheme of paid maternity leave as of working parents for quality community soon as possible’. Yet, despite the govern- based care. ment’s alternative scheme of the maternity allowance to be phased in over some years, The Sex Discrimination Commissioner, Australia’s embarrassing reservation to the Pru Goward, is presently highlighting the maternity leave provision of the Convention pressures posed by the modern reality of paid on the Elimination of all Forms of Discrimi- work and family commitments and has nation Against Women, CEDAW, remains. warned that these pressures may well be the reason that fertility rates in Australia are at The government’s disdain of women’s is- risk. These are very real issues and they are sues has been demonstrated by its downgrad- always ignored by the largely male right ing of the Office of the Status of Women— wing lobby group which likes to periodically relegated to another department from the raise the issue of abortion and suggest vari- Department of the Prime Minister and Cabi- ous methods of ‘punishment’ such as the net and renamed the Office for Women—and abolition of Medicare funding, prolonged by its cavalier approach to the funding of counselling and other penalties which might women’s organisations and programs. A serve to deter or prevent women from having prime example has been the campaign to legal abortions. Don’t they realise that they combat violence against women, which has are tackling the problem at the wrong end? had a sorry history under the Howard gov- Instead of applying financial penalties to ernment. Delays and lack of commitment women after an abortion, this government have been displayed by the ‘borrowing’ of should in the first instance acknowledge domestic violence program funding for the women’s choice and seek actively to recog- terrorism fridge magnets; the last-minute nise the very real concerns, financial and pulling out of the No Respect, No Relation- other, that can force women to the decision ship campaign and its substitution six to have an abortion. months later by a watered-down campaign which was more palatable to the Prime Min-
CHAMBER Tuesday, 8 March 2005 SENATE 55 ister’s male advisers; and now the lack of of raising children and juggling custody is- ongoing funding after July 2005, or the fail- sues, managing paid work and perhaps trying ure to date to announce ongoing funding for to further their education’. the Partnerships Against Domestic Violence Many of the gains which were made in the program. status of women’s issues to 1996 have been Indigenous women have been particularly eroded by the coalition government since badly served by this government, perhaps that time. The Howard government will not especially in its lack of commitment to initia- be able to continue to try to camouflage or tives to combat Indigenous family violence talk around the deterioration of the living and to Indigenous health measures. Life ex- standards of women and families. Whilst I pectancy for Indigenous women has actually am yet to read the report which was released decreased since 1996 and is now 62.8 years. today entitled Women in Australia 2004, it is In education as well as in employment this very clear that the numbers expressed in that government has disadvantaged women. In document show a very disturbing picture of the science and mathematics fields women the trend. From my perspective, from having continue to battle against systems which tra- talked to my constituents and women around ditionally enrol or employ far more males the country, that is their experience. Life is than females. In New South Wales a 2002 getting more difficult to handle, particularly discussion paper on the placement process with respect to the balance of work and fam- for selective high schools revealed that, of ily. Those pressures are getting greater. Cer- the students who applied, girls had a far tainly the prospect of relieving some of that lower acceptance rate than boys—19 per pressure under the Howard government is cent of the girls who applied were accepted nonexistent. as opposed to 24 per cent of the boys who On a more personal note, I would like to applied. In Victoria selective high schools dedicate today’s International Women’s Day cater for about 32 per cent more boys than to grandmothers. I would like to acknowl- girls. Insufficient TAFE places have meant edge the care that they have provided to their that about 20,000 women miss out on TAFE families, their children and their grandchil- courses each year. We are desperately short dren for all their lives. I would also like to of nurses and teachers, traditionally profes- acknowledge those who continue to provide sions which have attracted women, yet thou- care for grandmothers as well. They are very sands of students have failed to gain places special people in my heart, and my thoughts in nursing and teacher training courses. are with both of my grandmothers today. It is not surprising then that the research Senator TROETH (Victoria— report on women’s lives, which was released Parliamentary Secretary to the Minister for today by the Minister Assisting the Prime Industry, Tourism and Resources) (4.07 Minister for Women’s Issues finds that p.m.)—I am very pleased to rise today to women in general have become increasingly speak on this matter of public importance unhappy, lonely and unhealthy. Helen Kelle- largely because I consider that for women, in her, convenor of the Australian Women’s the continuum of time since their opportuni- Health Network, pointed to the demands ties really began to open up—after, let us made on women, especially those who are say, the mid-1950s—the present eight or nine sole parents. These women, she said, have years of the Howard government have been a ‘many, many things on their minds in terms time of opportunity and choice, which con-
CHAMBER 56 SENATE Tuesday, 8 March 2005 tinues to expand. No-one denies that women to consider the very real gains that have been play many roles as they move though their made by women under this government. life span. They have different needs at differ- Effective marginal tax rates may act as a ent times of their lives, according to educa- barrier to increasing the participation of tion, family, work and retirement. Certainly women and sole parents. The level of tax government policies, insofar as they can, rates is not the only barrier to participation. under this government have endeavoured to But, if we are to consider tax rates, it would provide help to women and families at vari- be well known to every Australian voter that ous stages. prior to the A New Tax System, introduced Addressing point (a), the decline in by this government in 1998, many families women’s wages compared with men’s were facing a marginal tax rate of 34c in the wages, I would point out that under the coali- dollar and family payment withdrawal rates tion, since 1996, full-time adult ordinary of 50c in the dollar. This government has time earnings for women have increased in significantly cut taxes through three stages of real terms—that is, after taking account of personal income tax cuts, which have bene- inflation—by $152 per week. This is a 21 per fited women along with everybody else. cent real increase and represents an annual On 1 July 2000, we introduced A New Tax rate of growth in real earnings of 2.2 per System, which represented a major restruc- cent. Over this period, average weekly earn- turing of the Australian tax system. It contin- ings for females have grown by more than 35 ued in the 2003-04 budget, with tax thresh- per cent compared with 34 per cent for men. olds being further adjusted. The 2004-05 While it is correct that the absolute gap be- budget tax cuts are the third element of our tween male and female earnings over this tax reform. We will continue our reform of period has increased, the relativity of female the income tax scales through increases in earnings to male earnings has improved. It is the income thresholds at which the top two important that these figures be viewed in the tax rates start to apply. Over this time, this context of the prevalence of part-time work- has meant that around 80 per cent of taxpay- ing arrangements for women. Many women ers will pay a marginal rate of tax no higher prefer part-time employment as it suits their than 30 per cent. We also reduced the taper domestic arrangements and they are able to rate between the maximum and base rate of fit in with their partner, their children and the family tax benefit to 20 per cent, which any other commitments they have, such as reduced effective marginal tax rates for low- caring for elderly parents. Forty five per cent to middle-income families. Compared with of female employment is part time compared 1999, effective marginal tax rates for fami- to 15 per cent for men. lies have fallen from 84 per cent to 50 per Contrasting that with the situation under cent—a real decrease in anyone’s terms. the previous Labor government, women’s As I said, the level of tax rates is not the real earnings grew at an annual rate of just only barrier to participation. When we look 0.6 per cent. The claim made by Senator at the help that has been provided for sole Lundy that women’s earnings grew annually parents and the help that we provide with the by 5.9 per cent under Labor and 4.6 per cent cost of raising children, around two million under the coalition are not about the rate of families with 3.5 million children have been earnings; they are claims about the rate of assisted through the family tax benefit and inflation. In contrast to these claims, we need the vast majority of Australian families with
CHAMBER Tuesday, 8 March 2005 SENATE 57 dependent children are now eligible to re- been achieved by women aged 60 to 64 ceive the family tax benefit. Not only is there years. With the ageing of the population, it is a lump sum payment of $600 per child to very important that older workers who want parents eligible to receive it, but there will be to stay in their jobs can do so to boost their an ongoing $600 increase in the level of fam- retirement savings, and it is very gratifying ily tax benefit part A payment per child. Re- to see that employers are accepting that older turns from working have increased for many workers are able to stay on at their jobs. families with a reduction in the taper rate in Transition to Work services have also helped part A and part B from 30 per cent to 20 per those women who want to go back to work cent from 1 July 2004. From 1 July 2005, after raising their family to go back to work, secondary income earners who return to and participants receive help and guidance work after caring for a child will be able to on possible career directions. keep the family tax benefit part B that was So we have more jobs, higher earnings, received prior to their return to the work better support for families and a tax system force. If that is not helping to increase par- that allows Australians to retain more of the ticipation rates, I would like to know what fruits of their labour. Surely this is about is—because more families will be able to achieving a better balance between work and keep more of their assistance as their family family. I do not have time to cover it in any earnings increase, more families have be- great detail, but I do assure the Senate that come eligible for family tax benefit, and the access to and the affordability of child care family tax benefit part B income threshold has increased remarkably since the coalition has been increased so that secondary earners came to office. Not only have we provided a are now able to earn more income before better child-care rebate, we have provided their income affects their family tax benefit extra help, such as extra outside school hours entitlement and they lose their family tax care places, more family day care places and benefit part B entitlement. We are committed generally increased child-care services— to increasing the maximum rate of family tax from 7,932 to 10,126, up 28 per cent. benefit part B by $300 from July 2005. I am delighted to say that the position of Tax rates are nondiscriminatory and it is women has improved remarkably in that 50 important that women’s participation in the year continuum that I spoke about, and many work force is increasing. In 1996, 49.6 per women these days are delighted at the choice cent of Australian women were in employ- they have, not only of occupation but also of ment. That figure has now risen to 53.6 per the way they structure their family and work cent, with the strong growth of our economy. responsibilities. That has been provided by Since 1996, 479,300 jobs have been created, their own very hard-working endeavours of which 339,000 are full-time, which re- and, to some extent, the far-sighted policies flects the diversity of the aspirations of Aus- of this government, which has continued to tralian women. That equates to more than give women a very fair go. half the total number of created jobs. Not Senator WONG (South Australia) (4.17 only that, but there has been remarkable p.m.)—I am very pleased on this Interna- growth in the employment of older women. tional Women’s Day to speak on the matter The proportion of 55- to 59-year-old of public importance put before the Senate women in paid work has risen from around by Senator Lundy. It gives us the opportunity 39 per cent to over 52 per cent in just over to address some of the important issues and eight years, and even stronger growth has
CHAMBER 58 SENATE Tuesday, 8 March 2005 barriers facing Australian women at this wage increases is through adjustments to time. International Women’s Day is obvi- award minimum wages. That is one of the ously a day on which we celebrate the primary ways in which the women of this achievements of women in Australia and country in low-paid work actually get better around the world and also recognise what is wages and conditions. So when this govern- yet to be done both in Australia and around ment talks about stripping away awards, the world. I want to talk very briefly today when it starts to question the basis of the about the issue of the government’s broader minimum wage, we should understand that it economic agenda across a range of portfolio is talking about removing one of the mecha- areas and the way it has a differential gender nisms which has improved gender equity in impact. I want to talk about the government’s this country. We should understand it is talk- economic agenda and show, in some areas ing about removing institutions, laws and a particularly, how it negatively impacts on regulatory framework which has advantaged women. The first point is in the area of their women in Australia—particularly low-paid industrial relations reform. women and women with little economic We had, one might say, a rare moment of clout. That is the effect of many of the gov- honesty from Senator Troeth, who acknowl- ernment’s industrial relations reforms. edged that in absolute terms there had been I also want to talk briefly in the time that I an increase in the differential between men’s have allotted about the issue of work force and women’s pay. That is the case. It is the participation, but first I will mention the is- case in this country that in all the years since sue of effective marginal tax rates. This is a the original Industrial Relations Commis- particular issue for women. Women on vari- sion’s decision on equal pay in 1972—when ous welfare benefits who move from the some of us were not even at school and many benefit into work often face very punishing of us were doing very different things to effective marginal tax rates. These EMTRs what we are doing now—we are still in the sap the incentive to work, punish people for situation where Australian women earn on earning and clearly act as a barrier to the average $150 a week less than men. We move from welfare to work, and this has par- know that Australia has done relatively well, ticular relevance to women. This is not a new despite the fact that in 2005 women still lag discussion. This is a discussion that has been significantly behind their male fellow citi- had for many years. It is well documented zens. We know that one of the reasons why that when you move off a benefit into part- Australia has been able to address the gap time work you face very high effective mar- between male and female earnings is our ginal tax rates and in some situations it is in centralised wage fixation system. The fact is fact financially—in the short term, at least— that if you look at where people are em- less beneficial to move into work than to stay ployed in Australia—in which sectors they on your benefit. This is an issue the govern- are employed—women remain vastly over- ment has talked about for a long time. It has represented in low-paid jobs and part-time done very little to address these issues. and casual employment, and that is one of I note that when Minister Dutton, who is the reasons why women’s earnings are not as the Minister for Workforce Participation, good relative to men’s. gave a rather discursive interview on the pri- Of course, for women in those low-paid orities in his area in December last year he areas one of the main ways, and often the said that he was ‘keen to boost training op- primary and only way, in which they get portunities for mothers returning to work’—
CHAMBER Tuesday, 8 March 2005 SENATE 59 and I will come to that later, given what has seen in the paper in the leaks that have come been recently announced and what Minister from the government it does not appear that Abetz said to the Senate in question time. this is high on the agenda. Minister Dutton also said: We can say what is high on the agenda: We’ve got disincentives for middle-income earn- coercion—the stick without much carrot. ers in terms of childcare costs and effective tax That is demonstrated across a range of areas rates ... We want to make sure we have a system but most relevantly today it is demonstrated that provides choices for parents—to stay at home in the area of sole parents. I said earlier that and a choice to make it financially rewarding to Minister Dutton said that training opportuni- return to work. ties were one thing that he wanted to ensure In other words, let us address the issue of the were provided. That was a priority for him. child-care supply problem, let us address the What is the government’s plan so far for sole issue of child-care affordability and let us parents, the majority of whom are women? also address the effective marginal tax rates, What is the government doing to actually which act as a barrier for the move from wel- support and encourage sole parents back into fare to work. the work force? What are they doing to in- As the Reserve Bank outlined earlier this vest in the capacity of these sole parents— month, welfare and tax reform have to be most of whom are women, although some high on the economic agenda. The Governor are men—to engage in the work force? What of the Reserve Bank indicated that they are we have so far is a program along the lines having an effect on labour force participation of Work for the Dole that has no mandated and, in his words, ‘they are holding our lev- training component and which would require els of participation down’. We say that is participation. People would participate in it absolutely obvious to anybody who looks at but would not necessarily get trained. those tax rates. That has a particular impact If you recall, when Senator Abetz was on women. This issue of the EMTRs has asked about this issue today in question time been so well documented over the nine years he barely knew what was being discussed. of this government as to have become noto- He represents the Minister for Workforce rious. Participation and the Minister for Employ- Unfortunately, although reform has been ment and Workplace Relations. This is a pi- floated and promised and discussed we have lot that is being run out of that portfolio. I do had very little action. We have had very little not recall the minister in his answer mention- reform. In fact, even with all the welfare to ing any training that was going to be pro- work policy leaks that the government en- vided to sole parents who were prepared to gaged in prior to their cabinet strategy meet- participate in that pilot. Yet again, we see the ing where they discussed the work and wel- government not being prepared to invest in fare issues, it was clear that the government sole parents. As I said, many of these people is again going to squib on trying to reform are women. If we are going to be serious our tax and welfare system so as to move about giving lone parents, the majority of these marginal tax rates which act as a bar- whom are women, the skills and the capacity rier to moving into the work force. I could be to move off welfare into work so that their wrong. Minister Dutton or Minister Andrews futures and the futures of their families are may in fact announce a proper welfare re- better, we have to invest in supporting them. form policy that actually deals with some of We have to invest in skills development, these disincentives. But from what we have training and child care so as to ensure that
CHAMBER 60 SENATE Tuesday, 8 March 2005 women who want to engage in training or time ordinary time earnings—which ex- work and who are sole parents have access to cludes overtime—on average women are affordable child care. Frankly, it is ludicrous paid 15 per cent less than men. Taking into to think that the position of many of these account inflation, this gap has been reduced women will be improved simply by making by a measly two per cent since 1996. The it more difficult for them to continue to ac- government has recently signalled changes to cess the sole parent benefit without also in- the industrial relations system, which we say vesting in what they require in order to move could threaten the small closure of the gen- from welfare to work. der pay gap and perhaps do worse. Both the Senator ALLISON (Victoria—Leader of Victorian and Western Australian state gov- the Australian Democrats) (4.27 p.m.)—I ernments have undertaken a review of the apologise for not being here for the call ear- gender pay gap. It is imperative that the fed- lier. I was outside at the women’s afternoon eral government also initiates an inquiry into tea. The government have argued here in the the gender pay gap which should consider chamber today that they have done great closely their proposed workplace relations things for women since 1996, citing in- changes. creased employment and a slight increase in High effective tax rates also act as a disin- average weekly earnings. Yet we all know centive to women entering the work force. that there remains a significant wage gap Returning to work or taking on additional between men and women in Australia. work results in some benefits being with- We still have one of the lowest female drawn and, together with the loss of health workplace participation rates in the OECD. benefits and other concessions, the high ef- Discrimination in the workplace based on fective marginal tax rate actually presents a pregnancy has increased. Australia is one of disincentive to work, particularly when ac- only two OECD countries without govern- companied by high child-care costs. It im- ment funded paid maternity leave. Women pacts on single women but the highest pro- continue to be underrepresented in senior portion of income is lost by second earners positions, on boards and in politics and in low-wage families—typically partnered women as single parents and mature age women returning to work after having a women face very high levels of poverty. child. Australia has one of the lowest female work The impact of high effective marginal tax force participation rates in the OECD. A re- rates is that sole parents lose about 40 per cent OECD report found that full-time par- cent of their earned income in taxes and ticipation for women aged between 25 and benefits, and low-wage families lose almost 54 in Australia was 20 per cent below the 70 per cent—more than twice the amount of OECD average. That report also found that a high wage-earning family. The solution lies Australia has some of the least family in not only welfare reform but also tax and friendly policies for working mothers in the labour market reform. On the one hand, the developed world. tax-free threshold, currently set at $6,000, is Improving women’s wages to close the far too low. The Democrats argue there is a gender pay gap is fundamental to women’s good case for raising it to $10,000 in order to equality, since it increases women’s labour boost low wage earners’ take-home pay. At market attachment, financial independence the same time, the labour market needs to be and life choices. When we compare the full- overhauled to improve employment pros- pects for women.
CHAMBER Tuesday, 8 March 2005 SENATE 61
Lack of child care is also a barrier to work workplace after having children; introducing force participation. In March 2004, more government-funded paid maternity leave at than 160,000 women were interested in 14 weeks, paid at the minimum wage; and working but had not looked for work because eliminating violence against women. All of of a lack of access to affordable child care. these things impact on women’s workplace The crises in child care are fourfold: shortage participation, financial independence and life of places, funding, cost and wages. Child- choices. care costs have increased 32 per cent over Senator FERRIS (South Australia) (4.33 the past two years—more than six times the p.m.)—I remember what I was doing on the rate of inflation and around six times the rate first International Women’s Day. I lived in of increase in government child-care bene- Sydney, I had an outdoor toilet that had no fits. The government’s lack of action in pro- light and lots of spiders, and my children viding affordable and accessible child care is were frightened by the spiders. So I fumi- very obvious, with the demand for child care gated the toilet, painted it and set up a new still running at unprecedented levels of un- candleholder in it. That is how I spent my met need. first International Women’s Day, but I do Trying to find child care for babies aged remember thinking at the time: this is my two years and younger can be a nightmare choice and isn’t it great that I have the for many parents who find themselves on choice? So, on this very significant day for long waiting lists. Of course, even if a spot women throughout the world, the question does become available it may not suit the has to be asked: why are the Labor opposi- parents’ work hours, or it may require addi- tion refusing to look at the facts that are im- tional travel, meaning that children have to portant to Australian women, whatever they stay in child care longer to take into account are doing today or any other day? Our gov- additional travel time. In my home state, I ernment have a policy of opportunity and, recently met with a local group in the Port importantly, of choice for Australian women, Phillip area who are campaigning for more and we remain strongly committed to poli- child-care places. There, 1,600 children are cies that assist women in the myriad of roles waiting for places, and centres have closed that they fulfil throughout their lives. down in inner Melbourne because of real Contrary to Senator Lundy’s suggestion of estate values. There is much more profit in a decline in women’s wages compared with housing development than there is in child those of men, there has in fact been a real care. Affordable, quality child care is vital increase. Why does Senator Lundy continue for women when making work and family to perpetrate untruths? Since our election in choices. Instead of paying baby bonuses to 1996, female total average weekly earnings wealthy stay-at-home mothers, we say that have risen from around $450 to around $610, this government should invest in affordable as at December 2004. Over this period, aver- and available out-of-school-hours care and age weekly earnings for women have grown vacation care for Australian children to en- by more than 35 per cent. This compares to able women to participate equally. around 34 per cent for males. Senator Lundy, In addition to the issues I have already why don’t you want to celebrate these mentioned, the government should also leg- achievements on International Women’s Day islate for family friendly workplace prac- today? tices, like enabling women to convert full- time jobs to part time once they return to the
CHAMBER 62 SENATE Tuesday, 8 March 2005
There has also been a dramatic increase in course, this figure, which is very good news the number of women who choose to work for South Australian women, is in no way part time—a choice that I was making on due to anything but the strong economy that International Women’s Day 30 years ago. the Howard government has presided over There has been a dramatic increase in the since its election. It is something that Senator number of women who choose to work part Lundy’s state colleagues are only too happy time. They go to work when their children go to claim the credit for in South Australia. to school, and they are home when the chil- Perhaps Stephanie Key should pick up the dren come home. What a choice they phone and celebrate South Australia’s great make—and what a choice they are able to record in employment with Senator Lundy. make. In fact, around 45 per cent of female But wait, there is even more good news employment is part time, compared with for women today. Women’s participation in only 15 per cent of male employment. For the work force has also risen with the How- many of those women, it is a choice that they ard government’s election in 1996, when are making. They do not want to work full 49.6 per cent of Australian women were em- time. ployed. With the strong growth in the Austra- In addition, women’s earnings have in- lian economy, this has risen to a clear major- creased as a proportion of men’s earnings, ity of Australian women at work, with the rising from about 83 per cent in February figure currently standing at 53.6 per cent. 1996 to almost 85 per cent today. This gap That represents thousands of women re- continues to close under this government. entering the work force. Importantly, there The claim that Senator Lundy has made, that has been significant growth in the employ- women’s earnings grew annually by 5.9 per ment of older women. According to the latest cent under Labor and 4.6 per cent under the figures, the proportion of women in the 55- coalition, is not a claim about the rate of to 59-year-old age bracket in paid work has earnings. On the contrary, it is a claim about risen from 39 per cent to over 52 per cent in the rate of inflation in Australia. Once La- just over eight years during the term of the bor’s record on inflation and escalating John Howard led government. Even stronger prices is taken into account, the figure of 5.9 growth has been achieved by women aged 60 per cent which is claimed by the opposition to 64 years, where the employment to popu- shrinks to an amazing 0.6 per cent. What a lation ratio for those women has grown from disgraceful record for women in the Labor around 18 per cent to over 30 per cent. These Party. figures are particularly pleasing because they The recent unemployment figures released show that older women are beginning to by the Australian Bureau of Statistics reveal achieve financial independence, something even more good news for women on this that we are all pleased to see. very special day. In my home state of South This government has significantly in- Australia, the Labor Minister for the Status creased family benefits. Why is this impor- of Women, the Hon. Stephanie Key, trum- tant? Let me tell you. The $19.2 billion More peted the fact that the trend in the unem- Help for Families package follows upon sub- ployment rate for women in South Australia stantial increases in assistance as part of the fell below five per cent to 4.9 per cent in new tax system. The reduced family tax January 2005, and this put the unemploy- benefit, the FTB, and the taper rates applying ment rate for women in South Australia be- from 1 July 2004 now allow many families low the national average of 5.2 per cent. Of to keep more of their assistance when their
CHAMBER Tuesday, 8 March 2005 SENATE 63 incomes increase. Prior to changes under that women, but they have not been achievements new tax system, many families faced mar- of this government. This government has ginal tax rates of 34c in the dollar and the failed to provide a national paid parental family tax withdrawal rate stood at 50c in the leave scheme, leaving Australia as one of dollar. This government, our government, the only two OECD countries not to have such a John Howard led government, has signifi- scheme. This government has failed to ad- cantly cut taxes and in particular significant dress critical issues in child care: proper relief has been provided to all Australians— planning, affordable care, and decent wages men, women and families—through the three for child-care workers. Instead, it wants to stages of personal income tax cuts. The squander public funds on a tax rebate that 2004-05 budget tax cuts are a third element will give the most funds to those who need it of tax reform under this government. least. Senator Lundy’s criticisms of child care This government has also undermined the are even more incredible. They would be Office of the Status of Women and ceased laughable if they were not tragic. the production of a women’s budget state- Senator Lundy—Tell that to my constitu- ment. The government has promoted an in- ents who cannot get their kids into child care. dustrial relations system that under the guise of flexibility has expanded casual work as a Senator FERRIS—Just have a listen, substitute for secure work with basic enti- Senator Lundy, to the tragedy of what your tlements, prospects for advancement and government left. This government spends decent wages. And it is women who are get- more on child care than any former Labor ting these insecure jobs with reduced enti- government ever did. In fact, $8.8 billion is tlements. This government believes that now spent on child care. those sole parents who are raising young Senator Coonan interjecting— children—as if the struggle to raise young Senator FERRIS—Yes, $8.8 billion, children by themselves is not enough— Senator Coonan—an extraordinary amount should have new obligations enforced upon of money and the largest amount of money them whilst raising children alone and whilst ever spent by any federal government on they are caring for their young children. child care. In actual dollar terms, in its first Women do the bulk of the unpaid caring six years this government spent more than work in our society, whether it be looking double, Senator Lundy, on child care than the after ill parents, children or those who are former Labor government spent in its entire mentally ill or have a mental or physical dis- last six years in office. Senator Lundy, you ability, but we fail as a society to give the should hang your head in shame. What is kind of support that we should and to recog- Senator Lundy on about? Let us get it nise the contributions that these women straight. The number of government funded make. The government has underfunded and child-care places has risen from 306,500 to cut services to public health, education and 561,900, an increase of 83 per cent. That is training, all vital services to women and their an extraordinary figure on this important day. families. More and more people on low and (Time expired) middle incomes are being required to pay Senator NETTLE (New South Wales) large payments for services that once were (4.41 p.m.)—International Women’s Day is a publicly funded. This puts pressure on time to celebrate the achievements of women women trying to manage weekly budgets and and there have been many achievements of restricts their further choices.
CHAMBER 64 SENATE Tuesday, 8 March 2005
We now also have an attack from conser- for the 49th session, or, as it is now com- vative politicians on one of the most funda- monly being called, Beijing Plus 10. It is a mental rights of every woman—that is, the three-page document. What I want to do is right to control her own fertility. This right is make some comments about what is not in critical to a woman’s health and her ability to the document. There are a lot of statements control her life. The Prime Minister has in there that may look and sound fine in failed to discourage this divisive public de- print, but if you look at what is not said and bate, which can serve no useful purpose peel away some of the rhetoric then we other than to encourage those who would really get to the truth. In the statement that deny a woman the right to control her fertil- was tabled in New York, this government ity, including the right to terminate a preg- says: nancy. It is an absolutely absurd argument to In Australia, we have made significant inroads try to force a woman to continue with a across the Beijing Platform for Action’s 12 criti- pregnancy she cannot or does not want to cal areas. … women have the same or better out- continue. comes … in … education and health, and con- If only there was more to celebrate in this tinue to make steady progress … government’s actions. Instead, we are left to That is not the case. With regard to educa- celebrate the work of many other millions of tion, since 1996 the Howard government women across this country who continue to have slashed $5 billion from universities, and advocate for these changes, who continue to HECS fees have nearly doubled. Women advocate for the rights of women and who now attending university will be paying an continue to advocate for the government to increase in their HECS debt, and of course, take seriously their concerns and the issues from this year, most of those women will that impact on their capacity to engage in incur a 25 per cent increase in their HECS public life, to engage in the work force and payments. In last year’s budget there was no civil society. These issues should and can be increase in funding above indexation for the addressed. (Time expired) 2.5 million children in government schools. There were no extra university places and Senator CROSSIN (Northern Territory) there were no new TAFE places. So there are (4.44 p.m.)—International Women’s Day not enough TAFE or university places for does provide us with an opportunity to cele- women. In fact, over 20,000 women wanting brate the achievements of women in this to undertake further study are turned away country. There are certainly many individuals each year. who have achieved great things in this coun- try, particularly women, no doubt and no With regard to health, this government has less—for example, the women from Alice destroyed Medicare and bulk-billing. We Springs who in the last fortnight won na- know that women use Medicare services tional awards for the outstanding work and 50 per cent more than men, particularly dur- contribution they have made to their com- ing the years in which they opt to have chil- munity. But I think it is also a time for us to dren. Every year, 600,000 families, a third of reflect on and look at the scorecard for the them receiving payments from this govern- status of women in this country. ment, also receive an average debt of $900. If everything was in fact bright and rosy in Just a couple of days ago, Minister Patter- the garden in terms of women achieving the son tabled in New York a statement on the same or better outcomes in health, why is it Beijing Commission on the Status of Women then that, since 1996, the life expectancy of
CHAMBER Tuesday, 8 March 2005 SENATE 65
Indigenous women in this country has de- finally run in a less significant way. (Time creased significantly and is now 62.8 years? expired) This government also says that women’s Senator KNOWLES (Western Australia) participation in full-time and part-time em- (4.50 p.m.)—The Labor Party really know ployment has increased. Since 1996, the gap no shame. To come in here today and play between men’s and women’s total average fast and loose with the truth yet again, on wage has grown by $91 a week. Australia International Women’s Day, is nothing but lags behind all other OECD countries by not shameful. But it does not seem to matter to supporting maternity or paternity leave. The them; as long as I have been here, it has not number of women in casual work has in- mattered to them. I want to come back to the creased to 1.2 million, with no access to paid actual subjects that were raised by Senator leave to look after their families while they Lundy in this MPI. are doing that work. Women’s earnings have First of all, they claim that the federal significant implications for their immediate government needs to ‘redress the decline in and long-term financial security which have women’s wages compared with men’s over not been addressed by this government. We the life of the Howard government’. Just know that 27 per cent of women aged be- look at the facts, Senator Lundy; it would be tween 25 and 54—the key child-bearing and a great start, I would put to you. Wages have child-rearing years, as I said—are in casual increased by 21 per cent, at an annual growth jobs and that women’s growing participation rate of 2.2 per cent. Under the Labor Party it in the work force has contributed to massive was 0.6 per cent. So why on earth would the increases in the tax revenue collected by this Labor Party want to come in here and claim government. However, only around 12 per that there has been a decline in women’s cent of women earn more than $52,000, leav- wages compared with men’s? Women’s earn- ing the tax cuts that were promised in last ings as a proportion of men’s earnings have year’s budget out of reach for 90 per cent of gone up from 83.2 per cent to 84.8 per cent. working women. That was not said in the So, it does not matter which way you look at Beijing statement. it: women’s earnings have actually gone up. The statement by this government also But the Labor Party will come in here or go says: outside and say the reverse. It is simply un- Australia attaches a high priority to combating true. domestic violence and sexual assault … Part (2) of Senator Lundy’s MPI is: and: (2) develop a solution to punishing effective mar- Targeting family violence and child protection in ginal tax rates which act as a barrier to increasing Indigenous communities is a key priority. the participation of women and sole parents in particular in paid work … What a joke! What an absolute joke! This statement does not talk about the $10 million What a joke for the Labor Party to come in last year that was taken out of money to pre- here and have the gall to talk about tax! They vent domestic violence—to pay for the secu- are the people who have taxed the living rity fridge magnets. This statement does not daylights out of every earner. Here we go talk about the botched Partnerships Against once again: the facts do not substantiate the Domestic Violence campaign or the No Re- claim— spect, No Relationship program that was Senator Lundy interjecting— cancelled, rebadged, redesigned and then Senator Crossin interjecting—
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Senator KNOWLES—and they scream Senator Crossin interjecting— like a bunch of banshees over there because Senator Lundy interjecting— they do not like the fact that prior to the new Senator KNOWLES—It is worth noting tax changes many families were facing a that they have not stopped screeching like a marginal tax rate of 34c in the dollar and a bunch of banshees since I started, because family payment withdrawal rate of 50c in the they simply cannot tell fact from fiction. dollar. The government has significantly cut They want to come in here and completely taxes. In particular, the government has pro- misrepresent the facts. Since 1996 women vided significant tax relief to all Australians have benefited from the creation of 819,200 in three stages of personal income tax cuts. It new jobs—53 per cent of the total of more is not one, not two but three stages, and the than 1.5 million new jobs that have been cre- Labor Party come in here and ignore that ated by this government. One would think today. How can they possibly be so blind? Is that on International Women’s Day they it any wonder no-one voted for them? But could actually come in here and say, ‘Isn’t the fact of the matter is that the effective that fantastic to think that— marginal tax rates have gone down, not up. Senator Crossin—But they’re casuals. The third issue that Senator Lundy raised was that the federal government should in- Senator KNOWLES—Here we go. We crease access to affordable child care, and have Senator Crossin over there once again ensure that the supply and cost of child care whingeing, ‘But they’re casuals.’ The Labor makes child care available et cetera. Once Party just does not get it. There are a lot of again, they completely and utterly ignore the women out there who have children and fam- facts. The number of Australian government ily responsibilities who actually want casual funded child-care places and services has work, and the Labor Party cannot understand increased, not declined. Child-care places that. It cannot comprehend it. This additional have increased from 306,500 to 561,000, up employment for women is composed of 83 per cent—a mere 83 per cent—but, as 339,000 full-time jobs—do you want to go Senator Ferris said a moment ago, the most out there and repeat that, Senator Crossin?— important statistic that they carefully ignore and 479,300 part-time jobs because that in is that in the six years to 2003-04 around many cases is exactly what women want. It $8.8 billion was spent on child care and that would be a really pleasant change for the equates to more than double Labor’s spend- Labor Party to come in here and actually tell ing in their last six years of office. But they the truth about what is happening with come in here and completely ignore the women in the work force, what is happening truth. It happens day in and day out. with child care and what is happening with tax rates instead of coming in here with this Let us have a look at women in the work little litany of fibs. force, for example. Since 1996 full-time adult ordinary time earnings for women have The ACTING DEPUTY PRESIDENT increased in real terms. That is after taking (Senator Brandis)—Order! The discussion account of inflation. They have increased by of matters of public importance is concluded. $153 a week. The Labor Party would have one think otherwise, but that is a 21 per cent real increase, as I said before, and that repre- sents an annual increase of 2.2 per cent. Looking at women in jobs, since 1996—
CHAMBER Tuesday, 8 March 2005 SENATE 67
COMMITTEES Senators’ Interests Committee Privileges Committee Report Report Senator DENMAN (Tasmania) (4.59 Senator FAULKNER (New South p.m.)—I present the annual report for 2004 Wales) (4.57 p.m.)—I present the 120th re- of the Committee of Senators’ Interests. port of the Committee of Privileges, entitled Ordered that the report be printed. Possible unauthorised disclosure of private Legal and Constitutional Legislation deliberations or draft report of Select Com- Committee mittee on the Free Trade Agreement between Report Australia and the United States. Senator McGAURAN (Victoria) (5.00 Ordered that the report be printed. p.m.)—On behalf of the Chair of the Legal Senator FAULKNER—I was very wor- and Constitutional Legislation Committee, ried that that motion may not have found Senator Payne, I present the report of the favour with the Senate. I seek leave to move committee on the Administrative Appeals a motion relating to the report. Tribunal Amendment Bill 2004 together with Leave granted. the Hansard record of proceedings and Senator FAULKNER—I move: documents presented to the committee. That the Senate endorse the finding at para- Ordered that the report be printed. graph 1.25 of the 120th report of the Committee Community Affairs Legislation of Privileges. Committee On 5 August 2004, the Committee on Privi- Additional Information leges received a reference which involved Senator McGAURAN (Victoria) (5.00 unauthorised disclosure of private delibera- p.m.)—On behalf of the Chair of the Com- tions and the draft report of the Select Com- munity Affairs Legislation Committee, Sena- mittee on the Free Trade Agreement between tor Knowles, I present additional information Australia and the United States of America. received by the committee on its inquiry into On the weekend of 31 July to 1 August 2004, the provisions of the National Health the media gave what purported to be ac- Amendment (Prostheses) Bill 2004. counts of a discussion at a meeting held on Employment, Workplace Relations and Friday evening, 30 July, and the content of Education References Committee the committee’s draft report. Furthermore, at a press conference given the following Mon- Membership day, three members of the committee distrib- The ACTING DEPUTY PRESIDENT uted a document which included references (Senator Bolkus)—The President has re- to the draft chair’s report. For the reasons ceived a letter from a party leader seeking a outlined in this report, summarised at para- variation to the membership of a committee. graph 1.24, the Committee on Privileges has Senator COONAN (New South Wales— concluded that it should not find that con- Minister for Communications, Information tempts have occurred. These conclusions are Technology and the Arts) (5.01 p.m.)—by reflected in the finding for which the com- leave—I move: mittee now seeks Senate endorsement. I seek That Senator Carr replace Senator Collins on leave to continue my remarks later. the Employment, Workplace Relations and Edu- Leave granted; debate adjourned
CHAMBER 68 SENATE Tuesday, 8 March 2005 cation References Committee for matters relating across most of Australia to hear their views to education. about what is going to happen or is proposed Question agreed to. to happen with changes to Aboriginal affairs ASIO, ASIS and DSD Committee in our country. We received over 250 sub- missions from people who truly cared about Membership these issues and were able to meet with them Message received from the House of Rep- in public meetings across four states. I want resentatives notifying the Senate of the ap- to say this afternoon that, on behalf of the pointment of Mr Byrne to the Parliamentary committee, I apologise to those states which Joint Committee on ASIO, ASIS and DSD in we were unable to visit to listen to their con- place of Mr Beazley. cerns because of the tight time frame. How- Administration of Indigenous Affairs ever, your voices have been heard. Indeed, a Committee message from our committee must be that Report the voices must be heard. No longer can In- Senator MOORE (Queensland) (5.02 digenous people in our country feel that p.m.)—I present the report of the Select when we are talking about the administration Committee on the Administration of Indige- of Indigenous affairs they are silent or in- nous Affairs entitled After ATSIC––Life in visible—a complaint that was made often to the mainstream? together with the Hansard our committee. record of proceedings and documents pre- In terms of the structure of the report, it is sented to the committee. in five chapters with a preface. Firstly, we do Ordered that the report be printed. a background to the whole inquiry—why it was called and how it is going to operate. Senator MOORE—I seek leave to move a motion in relation to the report. Chapter 2 is about the evolution of ATSIC and the history of the review and also con- Leave granted. tains some indication of the disadvantage Senator MOORE—I move: which everybody agrees Indigenous people That the Senate take note of the report. live through in our country. There is no dis- This report comes from a committee that has agreement that there is disadvantage and actually operated in two parts, as a result of there probably is little disagreement about the October 2004 election. On 16 July 2004 the need for change, but there is disagree- the Senate resolved to appoint a Select ment about how the voices should be heard. Committee on the Administration of Indige- Chapter 3 talks about what is actually nous Affairs to report by 31 October 2004. happening—the effects of the legislation. In The committee naturally ceased activities this chapter we make very clear as a commit- upon the end of the 40th Parliament in Sep- tee that in many ways our work has been tember 2004 and was reconstituted on done. We have legislation coming before this 17 November with the terms of references place soon talking about legalities of ATSIC. unchanged and a new reporting date of to- In reality, the government has already put in day. There were some amendments to the place a range of administrative changes membership of the committee and we duly which have taken the resources, tasks and continued the work. projects of ATSIC and mainstreamed them This committee is most honoured to have into other government departments. They had the opportunity to meet with people have also taken the people of ATSIC and spread them out to other government de-
CHAMBER Tuesday, 8 March 2005 SENATE 69 partments and in some cases out of the sys- Senator JOHNSTON (Western Australia) tem altogether. So a real issue is exactly what (5.07 p.m.)—Briefly, in the five minutes that effects the legislation will have on the com- I have been allotted, I want to address some munity, the government and the way Indige- of the misconceptions that are bound up in nous affairs are seen across Australia. the majority report. I found it very much a Chapter 4 looks at the absolutely key issue disturbing event to some extent to be swept of how representation is achieved by Abo- up in the political charade of the clayton’s riginal and Torres Strait Islander people in report that has been put before the Senate on our country. This caused significant com- this occasion. Indeed, the minority report ment and debate across all our submissions sets out all of the shortcomings. Before I get and our hearings. There is no right answer, into the report, may I congratulate the chair but there is one key point: the Aboriginal on a very fine job. I believe it is the first se- people must be part of this process. It is their lect committee Senator Moore has chaired, representation and really should not be im- and I thought she did a magnificent job. It is posed in any way by other people who think a pity that those around her and supporting they know best. Chapter 5 looks at the issue her have taken the report and used it for crass of mainstreaming, which is the core element political purposes, because I believe that the of the government’s approach to how ser- matter of Indigenous affairs should always vices will be delivered in the future. We be above politics. We should strive as hard heard from people about the difference be- and as long as is necessary to have a biparti- tween the new mainstreaming and the old san approach to what are some of the most mainstreaming. But it is a core issue for eve- crucially difficult issues confronting public rybody to have that leap of trust to ensure policy and governance in Australia today. that people will have their voices heard, will This report contains a broad number of be part of the delivery of services and will complete misconceptions. What we found have faith in what is going on. There are 12 when we went out to Alice Springs, Queen- recommendations in the report. Not all are sland and New South Wales—in all of the agreed. places that I attended—was a lethargy, a However, at this stage, I really want to complete lack of upset and lack of passion thank the members of the committee, who with respect to the decline and the abolition have been so supportive, so patient and co- of ATSIC as is proposed by the government’s operative. I particularly want to thank the legislation. I was expecting that there would secretariat, some of whom are sitting in the be outrage or some degree of aggression to- gallery this evening. I want to thank Jona- wards the legislation, but, no, the opposite than, Alison, Tim and Ian. Thank you for was the case. The constituency of ATSIC has your help and support. Maybe now we will been let down and indeed it has lain dormant be able to achieve what Alison Anderson, for much longer than I now understand it ATSIC commissioner, hoped for, which was should have. to have real representation. But her real con- This Labor framework of 1989 has, in cern was that, ‘Once again, we may be ex- fact, been one of the most monumental pub- perimented on and that in another five to 10 lic policy failures this country has ever seen. years we will come back and discuss exactly It has delivered a system of representation to what went wrong.’ Aboriginal people on a maximum of 20 per cent of the vote. That is how representative ATSIC was at the end. When I found out the
CHAMBER 70 SENATE Tuesday, 8 March 2005 salaries and wages of ATSIC commissioners, rect. Indeed the committee heard from peo- I thought to myself, gee, I know a lot of peo- ple who had had long suffering and had peri- ple out in the bush in Western Australia who ods of time when ATSIC simply gave them could really use some good water, a bit of nothing. good medicine, some transportation and Let us turn to this report and to the politi- some telecommunications on the sort of cal nature of it. At one stage it talks about the money that those people are receiving. At the shame of this legislation. The real shame is end of the day, when we went to Alice that all the while for the last six months Springs, there was simply a sense of relief while this has been proposed the ALP have that ATSIC had gone. I was in fact surprised stood on the hose and these changes could and, I must say, the sense I came away with not be undertaken because they sought to after listening to these people was that the indicate to their so-called constituents that government should have done this a lot they have concern. But, at the end of the day, sooner than it did. the fact is the legislation is going to be ATSIC was dilatory, unrepresentative, un- passed and, in whatever form, the legislation successful and, in short, a failure. There were will deliver the abolition of ATSIC. This is a very few apologists for ATSIC. Indeed, when classic example of crocodile tears. Chairman Clark came before us I put to him I turn to the inquiry. What sort of credibil- this question: how is it, if things are so out- ity can the inquiry have? The most amazing rageously bad and you have been so badly fact about this inquiry—and this certainly treated and your natural justice has been so does not reflect on the chair because I think abused, that you do not have a friend in the she was most earnest in everything she did in world? The fact is this: the Labor Party sup- this inquiry—is that it never went to Western port the abolition of ATSIC. That is the cru- Australia. How can you have a representative cial thing that every Aboriginal person in committee report on the abolition of ATSIC Australia needs to understand. The Labor when it never went to Western Australia? Party support the fundamental tenet of the The fact is, senators from the eastern states great, bold initiative of this legislation. To never want to go across the country to West- some great extent that is why it is there. ern Australia. They never want to go across The other great mystical hypocrisy in all the country to Western Australia. So how of this is that they have gone through this much credibility can a report have when charade pretending to pander to those people about 60 per cent of the population of In- who have some sense of outrage whilst all digenous people is in Western Australia and the time saying, ‘Yes, we’re going to abolish the committee does not go there? it,’ and not having a policy on the table. Let us talk about ATSIC and the budget. There is no policy on the table. What is the The annual budget for ATSIC in 2002-03 Labor Party proposing in terms of represen- was $1.1 billion. That was only half of what tation for Aboriginal people to replace the government pays in terms of managing ATSIC? It is a round number before one: a Aboriginal affairs and Indigenous matters in great big zero. Of course, they will say, ‘This Australia. (Time expired) is terrible. The minister is doing the wrong Senator RIDGEWAY (New South Wales) thing. The minister hasn’t listened and hasn’t (5.15 p.m.)—I also want to speak, on behalf taken advice broadly from Aboriginal people of the Australian Democrats, to this report of and from people who are interested and from the Select Committee on the Administration stakeholders.’ Of course that is utterly incor-
CHAMBER Tuesday, 8 March 2005 SENATE 71 of Indigenous Affairs and to support the ma- not hide the fact that the government is jority findings of the committee. I want to committed to assimilation and opposed to commend the chair of the committee, Sena- self-determination, as it has unashamedly tor Claire Moore. She did a wonderful job. stated on many occasions. Why won’t it ad- Given the difficulty of the issues that the mit that right now? Why won’t it just say committee has had to deal with, it is often a what the Prime Minister said when he was in hard task to keep people committed to deal- opposition back in 1986—that is, that he ing with the issues that come to the table but, does not believe in what he regards as sepa- most of all, to produce some sort of result. rate development, separate programs and Some of the comments that Senator Johns- separate laws? As Mick Dodson said, if you ton has made are adequate in the sense that listen to the way the government is dealing there has not been enough consultation. I with this you would swear that it has not got would agree with that entirely. But the out there and spoken to anyone because, agenda that has been set has been one of the again, it is dealing with Indigenous people as government’s making, particularly given that if we are invisible on this continent, let alone it decided to bring on the bill to deal with the on the entire planet. abolition of ATSIC. So, under those circum- The committee found that ATSIC was not stances and time constraints, it makes it dif- the failure that this government would have ficult to get across the country and be com- the country believe. In fact, it was extremely prehensive in the consultation. One thing I successful given the hurdles it was up would say, though, is: let us not forget that against. Now that we are post ATSIC and the government initiated its own consulta- ATSIS, utter chaos does reign as a result of a tion. It was called an ATSIC review report hasty distribution of many of ATSIC’s func- and was done by the likes of Hannaford, tions to government departments. Even the Collins and Huggins. Consultation in that new policy dealing with mutual obligation sense was extensive and comprehensive, and through shared responsibility is unclear. No it occurred right across the country. So the minister or public servant has been able to committee was there to supplement and echo say what SRAs actually are, produce guide- much of what had already been said by In- lines on how departments and communities digenous people across the country. should go about making them or even con- The report is fairly clear and comprehen- firm that they are legal, enforceable con- sive in its condemnation of the Howard gov- tracts. There have been no comments to this ernment and the failed practical reconcilia- effect. In the meantime it is Indigenous peo- tion agenda. The recommendations, while, in ple who suffer while this government mucks my view, are okay, do not go far enough. I around with our lives. The government says would have preferred stronger recommenda- it is about giving power back to the commu- tions. Certainly they have been put forward nities but the reality is that the government is in the Democrats’ supplementary report. I reneging on legitimate decisions taken by want to make a couple of brief comments on ATSIC. I am not talking about the recent those. debacle being reported in the media; I am talking about decisions that have been taken The rhetoric about this government’s previously to divest itself of assets, deal with mainstream approach being a bottom-up ap- the question of transfer of properties and deal proach is, quite frankly, both deceptive and with the question of remaining funds that are manipulative, because clever language can- being held in trust, which many communities
CHAMBER 72 SENATE Tuesday, 8 March 2005 and community organisations are still wait- decent and concerned people, have no le- ing for. gitimacy to speak on behalf of Indigenous I have raised on a number of occasions people. through the Senate select committee the is- There are varying views about ATSIC and sue of the MiiMi Mothers Aboriginal Corpo- some legitimate criticisms of its structure, ration. It is there in the supplementary report the functions it was tasked with and the ten- as a case study. I think people ought to look sions of a body designed along Western at that. The government keeps talking about guidelines working in a different cultural how it wants to deal with things on the context. But the committee did not hear from ground as a result of a partnership. Here we any Indigenous representative that appeared have Aboriginal mothers in a community on before the committee that they wanted to the North Coast of New South Wales. A deci- have their national voice abolished. The gov- sion has been taken to transfer property to ernment has been gunning for ATSIC since it them. Of course, the government stepped in came to office in 1996. It has forced upon it and changed its mind because it assessed it audits at the same time as cutting ATSIC’s on new criteria. So much for these practical budget for training courses to improve the examples of following through, not just with management skills of Indigenous administra- the intent of a previous decision but with tors. regard to looking after the interests of moth- ATSIC has never had full responsibility ers and children in this case. They are in for delivering services to Indigenous people shared accommodation. Quite frankly, it was and communities but it has always been an opportunity for the government to deal blamed for the failure of other agencies and with the matter. (Time expired) of government. The deeply entrenched dis- Senator NETTLE (New South Wales) advantage that Indigenous people endure that (5.21 p.m.)—The report of the Senate Select manifests itself in poverty, discrimination, Committee on the Administration of Indige- overcrowded housing, poor health and low nous Affairs exposes the myriad problems participation in education and training all and shortcomings with the Howard govern- point to systemic, long-term failures. To ment’s approach to the administration of In- imagine that a body such as ATSIC could digenous affairs. I participated in the inquiry redress all of these failures was always and travelled around the country listening to plainly ridiculous. Indigenous communities, and it has become The government has failed to explain in clear to me that the government’s approach its new model involving consultation at local lacks any legitimacy. The government has and regional levels who it will consult with failed to consult the very people affected by once ATSIC regional councils are abolished, its decisions—that is, Indigenous Austra- as proposed in the bill. It has not committed lians. The government has forged ahead with to fund new representative bodies at a na- its plans to abolish the national representa- tional, regional or community level and it tive Indigenous body, ATSIC, without regard plans to deny Indigenous input to important to the views of Indigenous communities and forums and processes dealing with the pro- before parliament has even begun to consider tection of Indigenous heritage, health and the matter. The government has failed to medical issues, and human rights. For these propose a suitable alternative to ATSIC, giv- reasons, the Greens do not support the gov- ing the communities instead a hand-picked ernment’s proposed abolition of ATSIC. We council of advisers who, whilst they are all
CHAMBER Tuesday, 8 March 2005 SENATE 73 will continue to call, as we do in our addi- mainstreaming in Australia and overseas, and tional comments to the report, for a new na- commit to a genuine process of self- tional representative Indigenous body—one determination whereby Indigenous Austra- supported by communities and funded by the lians are the primary decision makers in the government. Such a body is critical to self- decisions that affect their lives, particularly determination, to redress Indigenous disad- the delivery of services. vantage in Australia and to advocate for In- I want to add to the comments that others digenous people in international forums. have made in thanking the people who sup- The Aboriginal and Torres Strait Islander ported the committee. I particularly want to Social Justice Commissioner, Tom Calma, in thank Hansard, who had difficult jobs in November 2004 raised concerns that others places and unusual circumstances that they have also raised about shared responsibility dealt with, and also the person who began agreements. He said that the proposed intro- chairing the committee, Senator Crossin. duction of coercive measures to achieve im- Senator CROSSIN (Northern Territory) provements in the circumstances of Indige- (5.26 p.m.)—I rise to speak to the report of nous peoples will not work and may, in fact, the Senate Select Committee on the Admini- exacerbate the extent of poverty, marginali- stration of Indigenous Affairs. Unlike Sena- sation and powerlessness. We have already tor Johnston, I believe Indigenous affairs in witnessed a shared responsibility agreement this country is highly political and has be- which linked two essential requirements that come even more so under this government. If have nothing to do with each other. The for one minute Senator Johnston believes much-publicised Mulan agreement ties es- that Indigenous affairs in this country should sential health services and parental behaviour be apolitical, his very speech is testament to to fuel for transportation, which is not a lux- the fact that that is not the case. ury in a remote area. These agreements have ATSIC has been used as a whipping horse about them a tenor of paternalism which has by this government since it was elected in no place in the management of Indigenous 1996. It has been blamed for nearly every affairs in this nation. failure in terms of Indigenous statistics that The Greens are also concerned about the the government can grasp its hands on. Yet, government’s proposals for mainstreaming. as soon as this government came to power, it The 2003 review of ATSIC rejected main- stripped ATSIC of its funds and ensured that streaming as an option, and international ATSIC embarked on a process that was set experience shows us that the best outcomes up to fail. for Indigenous people occur when they exer- Senator McGauran—Do you want to cise control over their own decisions in their keep it? own lives through culturally appropriate in- stitutions. The government’s model of main- Senator CROSSIN—In fact, ATSIC has streaming would create more difficulties of been successful in ensuring that Indigenous coordination. The committee heard evidence people were empowered, that Indigenous about the difficulties for the proposed In- people had a place in the Public Service and digenous coordination centres in creating a that they were trained and had jobs in im- cohesive and common vision, because each plementing Indigenous programs. It also en- lead agency involved in the centres had a sured that Indigenous voices were heard in different purpose and function. The govern- some form. ment needs to acknowledge the failure of
CHAMBER 74 SENATE Tuesday, 8 March 2005
If you read this report, you will see that did not hear overwhelming evidence to retain this report does not suggest that ATSIC be ATSIC. The report does not reflect that. The maintained. There is no recommendation in report reflects that we heard from Indigenous this report to suggest that. Senator McGau- people that they wanted a national represen- ran, it may well pay you to read it. For Sena- tative body that they chose themselves—not tor Johnston to suggest that we did not go to a national Indigenous council. If the Indige- Western Australia is a lie. We did go to nous council were going to exist and it were Western Australia. He cannot stand in this to be hand-appointed by the Prime Minister, chamber and say we did not go to that state. Indigenous people said that that would be We went to Broome and we had witnesses fine: it would be one means of getting ad- from Western Australia come to Canberra vice. But they strongly said to us: ‘We want a and present evidence to us. Senator Ridge- national representative body—maybe way is right: we should have gone to Mel- elected, maybe not. You tell us what you bourne, we should have gone to South Aus- want and we will deliver it to you.’ They tralia, and we most probably should have certainly wanted support for some form of gone to Perth and Kalgoorlie, but we were regional council, regional body or regional under pressure from this government to get assembly. There are some very sophisticated this report tabled so that we could get on models out there that Indigenous people have with debating the bill. We do not get any designed because they fear that, in the new thanks from those on the other side of the world of Indigenous policy under this gov- chamber for curtailing the work that we ernment, they will not be heard, that there wanted to do. We do not get any recognition will be no conduit between what is happen- that we feel that some of us have sold In- ing in the community and the new Indige- digenous people short in this consultation, nous coordination centres. They want a body but we met this time line. that gathers their thoughts together and pre- I think it is most appropriate that I pay sents them to the government in a collective homage to the Indigenous people that we met way. That is no longer there, but that is what on our travels. I particularly want to thank they are after. the committee secretariat—Jonathan, Alison, Finally, of course, they want to ensure that Ian and Tim. I also thank Hansard and sound mainstreaming works. They are not con- and vision because, when I chaired that vinced that it works. It has not in the past, committee in Alice Springs, we had quite a and they do not believe that it will in the fu- momentous day there. We heard from In- ture. They see nowhere where they can turn digenous women in one room and we sent to get an independent, arms-length evalua- some of the committee members outside and tion of what is going on. What is happening heard from Indigenous men. It is probably in the COAG trials? What is happening with unprecedented in the history of the Senate the SRAs? Senator Ridgeway is right. We that that was done. Why did we do that? Be- have no evidence about the legality of SRAs cause we wanted Indigenous people to feel or how they can be implemented. They said comfortable and we wanted them to know to us that at least a Senate committee of that they were being listened to. some form to oversee the government’s im- There are three areas of the report that In- plementation of these policies would be wel- digenous people presented to this committee. come. (Time expired) I ask this government to take this on board Senator SCULLION (Northern Territory) very seriously. Senator Johnston is right: we (5.31 p.m.)—I have to say that it is with
CHAMBER Tuesday, 8 March 2005 SENATE 75 some sadness that I rise today. I was hoping Labor has dragged us through this inquiry. to stand in this place and with some enthusi- I am not sure of the exact cost but you can asm support a bipartisan approach to what measure it in millions. The wages and the are probably some of the most significant cost of running the regional councils and in changes that have been made to the man- fact ATSIC itself are measured in the mil- agement of Aboriginal affairs in over 30 lions. Luckily, we had the administrative years. Many of the government members capacity to simply get on with the job. That have probably shared the view that these is what this government is about: getting on reforms were well overdue, but we had to with the job. We got the reforms under way. wait until that white gold wielder Mr Latham Indigenous programs have been embar- appeared with what is now seen as com- goed—they have been cocooned—protecting pletely conventional wisdom. He shared our the essential staff and the cultural knowledge views. He said that ATSIC should be abol- that went with those programs. They are be- ished. He said: ing maintained, they have been improved ATSIC is no longer capable of addressing en- and they are now being delivered by main- demic problems in Indigenous communities. It stream Commonwealth agencies. has lost the confidence of much of its own con- We are not just doing the same thing and stituency and the wider community. expecting a different outcome, because we I think that makes it absolutely clear. Of know that is madness; it never happens. We course, the majority report does not reflect have to change how we go about it. We are the leader of the Labor Party’s commitment going about it in a much more coordinated at that time—an election commitment—nor way. There are the Indigenous coordination does it reflect the sentiment of the govern- centres. All the agencies come under one ment members. How could we possibly sup- roof. Under one roof we can have a much port a majority report that is so blatantly hos- more coordinated approach to Indigenous tile and so blatantly political? I would have Australians and the way they approach their loved to have stood in this place and sup- particular agencies. The heads of department ported a bipartisan approach to this very im- meet every month to say: ‘How do we ensure portant issue for first Australians. In fact, if the coordination of policy happens? How do you looked at the report, you could mistak- we make sure that we actually measure the enly think that ATSIC is absolutely fantastic, outcomes of the changes that are made? outcomes are great and it could carry on with We’re not going to measure them every five a steady hand on the tiller. We know that years or even every couple of years; we are demonstrates that the Labor Party is not only going to measure them every month. We are out of step with Indigenous Australians but going to meet and measure them.’ In fact, a out of step with the wider community. public report each year will report on those I am actually very proud of the federal outcomes. We have a ministerial task force, government’s contribution to Indigenous chaired by the Minister for Immigration and affairs. Since 1996, we have increased our Multicultural and Indigenous Affairs herself, financial contribution by about 39 per cent. I who will oversee it to ensure we have com- know you would agree, Madam Acting Dep- plementarity of process and policy. uty President Crossin, that that is not the This report is completely misleading. The only benchmark. There is a whole range of only people who are confused are those who other real improvements that I think we need sit opposite. The states and territories—that to look at. is, Labor states and territories—have had a
CHAMBER 76 SENATE Tuesday, 8 March 2005 bipartisan approach to this. We are already Senator BOLKUS—I seek leave to move going down the line of bilateral agreements. a motion in relation to the report. They are part of the COAG trials. They are Leave granted. part of the way forward. They are not a part Senator BOLKUS—I move: of doing the same thing and continuing to politicise this issue. They are getting on with That the Senate take note of the report. the job. After nine months, this committee is I am pleased to present the report of the Sen- eventually going to honour its commitment, ate Legal and Constitutional References which is effectively Labor’s commitment to Committee entitled They still call Australia abolish ATSIC. There are a couple of condi- home: inquiry into Australian expatriates. tions, of course—unacceptable conditions, as The report is the result of an inquiry lasting far as I am concerned—such as, ‘Let’s keep over 18 months during which the committee the regional councils.’ They gave them an- received evidence on a whole range of issues other 12 months to sort things out. Another relating to Australians living overseas. The six months is not going to make any differ- response to the inquiry was considerable. ence at all. The committee received submissions from Of course, there is the shining light in the over 650 individuals and organisations, many policy. ‘Let’s have another committee,’ said of them overseas. The committee examined the Labor Party. ‘Let’s have a Senate stand- the demographics of Australians living over- ing committee. That will fix Indigenous af- seas and the needs and concerns of those fairs.’ We have made a recommendation in Australians. The committee also considered that area that clearly indicates that we need a the role the Australian government plays in coordinated government approach, a whole- relation to expatriates and ways in which of-government approach. We are recom- expatriates contribute to the Australian mending that both houses and both sides of community. parliament join together in a joint committee The committee learnt that a significant to deal with Indigenous affairs. If those op- proportion of the Australian population is posite are absolutely fair dinkum about posi- currently living overseas on a permanent or tively changing the lot of Indigenous Austra- long-term basis. Current estimates are that lians, they should get behind this bill and almost a million Australians are living support it in its current form. (Time expired) abroad. The committee also heard that many Question agreed to. of these expatriate Australians are young, highly skilled, highly motivated and well Legal and Constitutional References educated. This has led some to fear that Aus- Committee tralia is experiencing a brain drain of its best Report and brightest workers with potentially dam- Senator BOLKUS (South Australia) aging consequences for the Australian econ- (5.36 p.m.)—I present the report of the Legal omy and Australian society. In fact, the and Constitutional References Committee committee received evidence during its in- entitled They still call Australia home: in- quiry that Australia actually experiences a quiry into Australian expatriates together net brain gain of skilled workers. Most im- with the Hansard record of proceedings and portantly, the committee received much evi- documents presented to the committee. dence to show that these Australians living Ordered that the report be printed. abroad are great ambassadors for Australia,
CHAMBER Tuesday, 8 March 2005 SENATE 77 creating valuable bridges for Australia across The majority of the committee found that the world. Australian expatriates could be better recog- The factors driving more Australians to nised and included in the Australian democ- live overseas are many and varied. At a ratic system. broad level the expatriates phenomenon is a To achieve these aims, some of the key reflection of an increasingly mobile and recommendations that the majority of the globalised world. Some of the key influences committee has made in this report are: the on the phenomenon include the rise of global establishment of a policy unit within the De- labour markets, more accessible and eco- partment of Foreign Affairs and Trade to nomical international transport and increas- facilitate the coordination of policies relating ingly more sophisticated communication to Australian expatriates; the establishment technologies. At the same time, the improved by the Australian government of a web portal technology, particularly the internet, has devoted to the provision of information and made it much easier for expatriates to stay in services for expatriate Australians—a web touch with Australia. As a result, the commit- portal that would be used for interactive ac- tee discovered that many expatriate Austra- tivities both broadly across the globe as well lians still feel very strong cultural links with as in particular locations—the revision of the their homeland despite being physically lo- consular role for Australian missions over- cated outside Australia. As the title of the seas to require posts to extend their engage- report suggests, they still call Australia home ment with the local expat community; and and they still participate in the day-to-day greater inclusion of expatriates in the Austra- events of Australian society, although re- lian democratic system, including proposed motely. amendments to the Australian Citizenship In the same way that most expat Austra- Act and the Commonwealth Electoral Act. I lians still embrace Australia as their home, urge the government to heed the recommen- the majority of the committee considers that dations of the committee’s report and to we should do more as a society to embrace make greater effort to connect with this most our expat community as part of the Austra- important resource of the Australian people. lian nation. As a recent report on Australian In closing, I would like to thank all those expatriates by the Lowy Institute for Interna- people who took the time to make submis- tional Policy remarked, Australian expatri- sions and to give evidence to the committee, ates represent ‘a market, a constituency, a including expatriate network organisations sales force and an ambassadorial corps’. and many overseas based chambers of com- The committee found during this inquiry merce and alumni associations. I would par- that Australian expatriates present many po- ticularly like to thank the Southern Cross tential benefits, opportunities and new con- Group for its assistance in distributing in- siderations for Australian policy makers. In formation about the inquiry and for supply- particular, we heard that many of the needs ing a steady stream of comprehensive sub- and concerns of expatriate Australians are missions and useful background information. not being adequately dealt with by the Aus- I would also like to thank the people in- tralian government and its structures. Many volved with the Lowy Institute for Interna- expats expressed particular frustration at tional Policy. I think the institute and study their dealings—or indeed their attempts to set the framework and directions for gov- deal—with Australian government agencies. ernment to follow, many of which were shared by this particular committee and the
CHAMBER 78 SENATE Tuesday, 8 March 2005 members of it. I would like to thank my So we must really address this matter. Obvi- committee colleagues, including the deputy ously, we are not going to force people to chair, Senator Payne, and current and former come back, but in the context of the current staff of the committee secretariat for their debate on skills—which is No. 1 on the work on the inquiry—that includes Phillip agenda at the moment—if we could encour- Bailey, Louise Gell, Barbara Allen, Kelly age the one million people to return quickly Paxman, Sophie Power, Julie Dennett, Ma- it would fix our skills shortage problem over- rina Seminara and other secretariat staff. I night. They will not do that, but we should commend the report to the Senate. set up the mechanisms to assist those who Senator TIERNEY (New South Wales) may want to. It would really enhance the (5.43 p.m.)—I also rise to speak on the re- skills base of our country. We have people port entitled They still call Australia home: with enormous skills who after developing inquiry into Australian expatriates. Although those skills further could come back and with I was not a member of the committee, I did their overseas experience really enrich the lead a parliamentary delegation to the United skill base of Australian society. Nations last year. Through the work of the I was therefore delighted to work with the office of Australian consul general, Ken Al- consul general in his work with Advance. len, and a division of that office called Ad- Advance is an organisation which focuses vance, led by its CEO, Elena Douglas, I mainly on professionals overseas and tries to came across this issue and had the chance to work them into networks and associations meet with quite a lot of former Australian and build links back to Australia. The first of citizens and Australians who are working in these I came across was the Advance re- the United States. It is a very large group of search network, which was in New England. Australians that are overseas. In terms of I went with the consul general to Boston and government policy, I think we perhaps need we had dinner at Harvard. I had the opportu- to grapple with better ways of interacting nity during the day at MIT to meet with a with this group that has left Australia, some- very large group of world-class Australian times permanently, sometimes temporarily. researchers who are leading research insti- The size of the group is about a million peo- tutes in areas like robotics. I met a robot ple—we have a million Australians overseas. which thought like a two-year-old and could That is about Adelaide in size, but they are act like a 12-year-old. It is the most ad- living and working across the world. About vanced robot in the world and it was devel- 200,000 of them are in the United States. oped by an Australian at MIT who is leading These people are often referred to as part of this field. the brain drain, but they are a group that may One of the most delightful aspects of the come back. They are a group for which we afternoon was meeting with Australian re- should perhaps set up mechanisms to assist search students studying at MIT. I spent an them in coming back. A lot of them have hour or two with them and they talked excit- gone overseas following opportunities and edly about the research that they were doing. sometimes they lose the links and cannot get It is great that they are at one of the world’s back, even if they want to. They have not got leading universities like MIT, but I would the networks to do that. hope that in five to 10 years time they might They are developing their skills tremen- take that expertise, return to Australia and dously and if they decided to come back they enrich us with what they have learnt and would add greatly to the Australian economy. their experiences. Another group that I met
CHAMBER Tuesday, 8 March 2005 SENATE 79 with was a business community in New just so that we focus on this diaspora of Aus- York. They were expat Australians who came tralians—the one million who are overseas. along to listen to two Australian delegates Certainly, I have not looked at the details of speak on the topic, ‘What are democracy and the amendments to the electoral and citizen- politics going to be like in Australia after the ship acts—Senator Bolkus was a little bit Senate changes on 1 July?’ So it was a bit of cryptic in his comments—but I am sure those crystal-ball gazing. reforms will be very worth while as well. I Senator Moore—What did you say? too commend this report to the Senate. It is an interesting area of policy development Senator TIERNEY—You would have to and something we should focus on. We read my speech, which you can find on my should really try to develop better links to web site. It was an engaging discussion, with those Australians who are no longer in our Australian politicians and diplomats engag- country but may return and enrich us all with ing with Australian businessmen in New the skills and knowledge that they have York. They are the sorts of links that we gained overseas. hope will help return those people to Austra- lia at some point in the future. At another Senator BARTLETT (Queensland) (5.51 function in New York, again organised by the p.m.)—I also want to speak on the report consul general, Ken Allen, we met with Pro- entitled They still call Australia home: in- fessor Harry Messel. Professor Messel, of quiry into Australian expatriates. I agree course, is an icon of Australian science. with Senator Tierney that it is very timely. Through his science foundation he has The Senate committee process once again spawned large numbers of brilliant scientists, demonstrates how valuable this area is. I many of them in the United States. Quite a note that the 16 recommendations were number attended this dinner—all there in widely accepted by all senators, including response to the expertise and skills of Austra- government senators, in the vast majority of lian science which are assisting American cases. I urge the government and senior min- science and the American economy. Again, isters—including Senator Vanstone, seeing by building these links, we hope that these as she is in the chamber and has responsibil- people come back. It is not just professionals ity for some of the issues covered in this re- or academics; it is a wide-ranging group of port, and Minister McGauran, the Minister people. There are 200,000 in the United for Citizenship and Multicultural Affairs—to States. Through the work of Advance, links treat the Senate committee report and its rec- are being built so that these people may be ommendations seriously. These areas are given the opportunity to link back to Austra- important and are part of what is desperately lia and possibly return in the future. needed, which is to really change our think- ing about what it is to be Australian in the This has been a very timely report in modern world of the 21st century and to mi- terms of what is now occurring in the skills grate and be part of what is widely recog- debate in Australia and the way in which we nised as a rapidly shrinking global commu- should link back. The recommendation to set nity. up a web site is excellent because obviously a lot of these people are very IT savvy. If we It is a little-recognised fact that if you ask had such a web site then we could help fa- the simple question, ‘How many Australians cilitate those links back to Australia. A policy are there?’ you cannot get a precise answer. unit in Foreign Affairs is an excellent idea, Firstly, how do you define what is an Austra- lian? Even taking a simple definition and
CHAMBER 80 SENATE Tuesday, 8 March 2005 asking how many Australian citizens there I am disappointed that I was not able to are on the planet is problematic. In terms of participate much in this committee inquiry. I getting a clear piece of information about attempted to do so as a participating member how many Australians are dual citizens— a couple of times but was not able to because citizens of Australia and another country— of other commitments. However, I did read which I have tried to do a number of times, it some of the submissions. I note that there is very hard to get anything other than a very were over 650 submissions, which is an indi- general estimation. As this report shows, try- cation of the level of interest and the number ing to estimate how many Australians there of people that are not only touched by this are overseas is also very difficult. How long issue but touched by it sufficiently signifi- do you keep counting them as Australian? If cantly for them to want to put a submission you are talking about what is in Australia’s in to a Senate committee. interests, I would argue that it is in our inter- To anybody that is further interested in ests and in almost all cases in the individ- this issue, I very much recommend a look at ual’s interest to continue to try and count the work of Professor Graeme Hugo in par- them as Australian for as long as possible ticular. He has been looking at the changed and to do what we can to maintain links. nature of migration to Australia—the much We have been debating in recent times more temporary nature of it—as well as the whether we should be getting short-term nature of emigration, of people moving out skilled workers into this country to undertake of Australia for short-term and long-term various tasks. We often do not think nearly as periods. I also recommend looking at the much about how many Australians are going work of the Southern Cross Group, which overseas as skilled workers, as working holi- has developed in recent times to give a voice day visa holders, as visitor visa holders or as to that very large expat community of around family reunion people—all of whom are do- one million people, at reasonable estimates. ing a similar thing but are retaining their We would all know people from our own links with Australia. We have had too narrow families or experience who have moved a focus over many years by simply thinking overseas for short or long periods of time. I about people when they are standing within have an aunt who I think departed Australia Australian boundaries; when they are outside in the 1960s and has lived in a large number of Australian boundaries they are out of the of countries and gained a lot of experience. picture. We need to change that thinking in She has lived in the US, the UK, Hong the same way that we need to change our Kong, the Maldives and Cyprus and will thinking about what constitutes a migrant to probably end up moving back here—she is Australia. People are flowing in and out of already spending a lot of time here—and Australia and in and out of other countries contributing to the Australian economy and much more regularly and frequently, for pe- community with all her skills and experi- riods of time—for three years, for five years, ence. It is because of the links she has main- for 10 years. I think that is healthy; it is cer- tained with Australia that we are able to tainly happening anyway. We need to make make use of that individual. sure that we keep those connections with We have perhaps one of our most famous people who have contact with Australia expats in Australia at the moment. I offer a much more skilfully and consciously than we big strong Aussie welcome to good old Prin- have done. cess Mary, who is in Canberra at present. Of
CHAMBER Tuesday, 8 March 2005 SENATE 81 course it is Princess Mary of Denmark I am were born. But they are returning very much speaking of, who until recently was an Aus- as Greek Australians, not as Greeks. That is a tralian but, I believe, had to give up her citi- reverse linkage, if you like: they are leaving zenship—I guess giving it up for love is an Australia and going back to Greece but they admirable thing. But clearly a lot of Austra- are still retaining that linkage to Australia. lians still believe that Princess Mary retains a There are things we need to change with lot of Australianness about her even though the Commonwealth Electoral Act, and also she is no longer a citizen and believe that she with the Australian Citizenship Act, and is an ambassador for our country in another there are recommendations about this. Rec- part of the world. Indeed, government minis- ommendations 6 and 7 say that the Citizen- ters have spoken of what a great contribution ship Act should be amended to ensure that she is making as an ambassador for Australia children of people who renounced their citi- in another part of the world and of how she zenship under section 18 of the Citizenship is doing a good job of it. That is perhaps an Act, or children of people who previously unusual example, but it is one example of lost their citizenship under section 17, should how an Australian or an ex-Australian can be eligible for Australian citizenship by de- still make a positive contribution to our scent. The committee also expressed concern country. It obviously benefits us to keep that Australians living overseas may con- those links alive. tinue to be forced to renounce their citizen- In more practical terms, beyond changing ship while section 18 remains in the Citizen- the way we think about these issues, there ship Act— are legislative changes that we need to con- Senator Sherry—I had to do that. sider. We also need to improve information Senator BARTLETT—Senator Sherry flows, particularly in the areas of the Austra- had to do that, and obviously it would have lian Citizenship Act and the Commonwealth been a massive loss to the country if that had Electoral Act. This is a group of people, as is continued. I am sure he has sorted it out said right at the start of this report, who are a since and has not just given himself away. market, a constituency, a sales force and an We should not be disenfranchising people. I ambassadorial corps. But in many ways they have written to the Minister for Citizenship do not have a voice. Most of them are disen- and Multicultural Affairs, Mr McGauran, and franchised. Obviously there are issues about said that I would support those changes to how long people retain the right to vote the Citizenship Act. when they are no longer living in the coun- try, but we should be aware of some of the I would also say that it is long overdue approaches taken in other countries. that we amend our Constitution. I know that is a lot more difficult. We have more and People may remember—I am sure Acting more dual citizens, but every one of them is Deputy President Bolkus remembers—the disenfranchised in that none of them can run story of the Melbourne based Greek-born for parliament. I think that is an anachronism man who went all the way back to Athens to that must be removed as soon as possible. I vote in the recent Greek elections even know it requires a referendum but it is some- though he had lived in Australia for a long thing that all parties would support, and need period of time. Indeed there is a growing to support, because that is a massive and community of Greeks who migrated to Aus- growing pool of talent. Perhaps 20 per cent tralia decades and decades ago and are now to 25 per cent of Australians are dual citi- returning to Greece, to the place where they
CHAMBER 82 SENATE Tuesday, 8 March 2005 zens, and they are missing out on potentially I think it deserves restatement. It focuses on being part of the federal parliament. the need for this data. It reads: I seek leave to continue my remarks later. One of the things that will happen with this proc- Leave granted; debate adjourned. ess is that we will have data that we have not had before. For a start we will have the data that the NATIONAL HEALTH AMENDMENT CAGs, the clinical advisory groups, have put (PROSTHESES) BILL 2005 together and their assessments of the actual prod- Second Reading ucts. Similarly, the benefit negotiators will actu- ally be reaching benefit negotiating positions that Debate resumed. will go as recommendations to the Prostheses and Senator MOORE (Queensland) (6.01 Devices Committee and then on to the minister. p.m.)—The proposed agenda that we have So we will be able to see the benefits being set- before us in this legislation has not suddenly tled, and that will be publicly available. That data appeared; there has been significant consul- will become part of the publicly listed determina- tation over a long period with all the relevant tion. stakeholders. The government has instituted That particular process gives us confidence, a range of advisory groups that are linked to because the idea that these processes will this legislation: clinical advisory groups, a now be public and will be able to be debated prostheses and devices committee, a policy is one of the really hopeful elements of the advisory group, and also people who are in- legislation. volved directly in the negotiations. These One of the other issues that I wish to put groups will play an intricate role in the de- on record—and I am sure my colleagues will velopment of good policy in the area. How- be making more statements on this—is the ever, once again I am concerned about the core issue of informed financial consent. The fact that these things are still in train and we government has acknowledged that this is a are yet to see the whole process actually central part of the whole process, because working as we are looking at making with any procedure where people have to changes to legislation. make decisions about payment, it is essential One of the key things to come out in this that everyone knows what is going on, what debate—as well as in so many others in this costs they will be liable for and who pays for field—is the need for accurate, relevant data. what. It is of greatest concern, when you are The hope is that, with the development of talking about payment, that people do not these various advisory bodies, there will be know that they are liable for payment. Some- available data on which people can make thing has happened, they have no control, budget decisions, on which they can make and suddenly they are landed with bills for planning decisions and on which the com- which they were not prepared. munity can be informed on this ever growing The government has acknowledged that area; because people do agree that the use of this is a key issue, and another committee prostheses is growing, the technology is de- has been formed. I heard this afternoon that veloping, and there is a greater expectation it is the Labor Party that is fond of forming that people will have good health and effec- committees. I think many people are fond of tive surgical procedures. The Department of forming committees that actually work and Health and Ageing made a statement in their cooperate. The informed financial consent submission and when they were witnesses, committee has been established, and it in- and we quoted it in the committee report, but cludes all the stakeholders in this issue. The
CHAMBER Tuesday, 8 March 2005 SENATE 83 committee will work on how to best achieve We know that this particular legislation is a system—of course there will be times diving into the area of trust because the de- when things fall over; no system is perfect— tails have not been clearly defined as yet. so that we can have confidence that we are However, we do know that all the key stake- actually instituting a payment agenda where holders who gave submissions—who came people are aware of their responsibilities. to our committee and talked about their de- During evidence to the committee, this is- sire to try to get this right—want to see this sue was raised on numerous occasions— legislation implemented. They have already particularly by the AMA, who were strongly stated, as I said before, that what we had is of the view that it should not be solely a doc- not good enough and will not benefit the tor’s responsibility. I agree with that, and the consumers of our country who need medical AMA have gone a fair way down the track support. We believe that, provided the advi- with advising their members about their re- sory groups are effectively implemented, sponsibilities and the best way to talk with provided the review process is put in place patients about financial responsibility. They and provided there is genuine cooperation, have developed templates which they very we can move forward in this process. proudly showed us on their web site; but, in As most people agree, there needs to be terms of the bottom line, everybody involved formal trust between doctor and patient. That in making decisions about health— must be the core area for decisions about particularly decisions about which bills will what medical practice is implemented, what need to be paid—must know what is happen- device is used or implanted. A patient requir- ing, where it is happening, who is paying and ing support must have the trust that their when it must be paid. I am quite hopeful that doctor will give them the best possible ser- the informed financial consent committee vice. That is the best possible result for all of will be able to come up with guidelines that us. But, given that we are looking at a proce- people can accept and implement. dure where there will be some form of gap Any change of this nature must be subject payment in the system, once there is in- to an effective review mechanism, and that formed financial consent, once people know has been discussed. The people on this side what they are doing, once the stakeholders of the chamber were hoping for an early re- take their responsibilities and once the vari- view so that the ongoing process could be ous advisory groups that the minister has established; nonetheless there has been ac- implemented perform their role, this particu- ceptance by the government that there need lar legislation, as we have been told by the to be significant review processes. Again, people who came before our committee, when you are implementing change, the best should be given a go. way to ensure that you are going to get it Senator DENMAN (Tasmania) (6.09 right and pick up things that may go wrong p.m.)—As Senator Moore commented at the early—so that they do not become en- commencement of her speech, a number of trenched, so that hours of debate in this place committee members in the inquiry had a very are not wasted on something that could have definite interest in this area. They had pros- been picked up early and agreement theses. I must confess that I am one of those reached—is to implement an effective re- people—I have two hips and a knee. I have view process. We are calling for open review no concerns whatsoever about the procedures in the legislation that can be regularly seen I had. I have no complaints about the sur- so that change can be made quickly. geon. But I am unsure about whether this
CHAMBER 84 SENATE Tuesday, 8 March 2005 legislation will be effective. If one looks I am a strong believer that patient choice closely at the evidence given to the recent must be maintained. It will be unacceptable Community Affairs Legislation Committee if the changes initiated by this legislation inquiry, one would see I am not alone in this. lead to a removal of the capacity for each However, we on this side are supporting the patient to choose the most suitable prosthe- legislation because clearly something needs ses for their particular procedure. This will to be done. The present situation is unten- entirely depend on the surgeon they have and able. the recommendation he makes to them. But The difficulty has been to find a system it is also clear that some reform must occur. that will work more economically and more Without attention it seems that the cost of efficiently than the current one whilst also provision of prostheses will continue to rise providing Australians with the capacity to at unacceptable rates. We did not take oral choose the prostheses they need. I found the evidence from consumer groups during the committee process in this instance to be most committee hearings but the points they made interesting. The more evidence I read or in their written submissions on the legisla- heard, the more convinced I became that the tion reinforced my own concerns. One of the bill as drafted would not make the situation most potent points made by the Consumers’ any better. It is for this reason that I join with Health Forum of Australia related to the very colleagues on this side of the chamber in reason why many Australians maintain pri- seeking an amendment to provide for an ap- vate health insurance. The simple fact is that propriate review of the process. I think that is they do so in order to ensure that they have very important. choice—choice about where they are hospi- talised and when they can access elective The government is to be commended for surgery and so forth. In particular I refer to a agreeing to our recommendation. I was paragraph from the CHF submission: pleased to note that in the third reading of the bill in the other place it provided accord- Most health consumers do not have a good under- ingly. The present requirements require standing of whether their private health insurance is adequate for their needs until it is put to the health funds to cover the full cost of all sur- test, often by a hospitalisation or surgery, where gically implanted prostheses and other medi- too often they find out that large gaps are payable cal devices on the government schedule. The for the treatment recommended by their health funds are not permitted to apply a co- care providers. payment or gap for such prostheses items. This is very much the case with prostheses. This is, of course, good for the consumer. Not many of us think about providing for They pay no gap and generally they are able their cost until we reach the stage where our to access the prostheses of their choice. But doctor tells us we need one. I have no doubt costs to the health system in respect of pros- that there would be few young Australians theses are spiralling. We are told that benefit who would, when taking out private insur- payments for prostheses are now 12 per cent ance, consider whether they should ade- of total hospital benefits. In 1990, they were quately provide for prosthetic implantations less than two per cent. It is said that pay- at some stage of their lives. ments for prostheses by health funds under Until now, of course, it has not mattered the current arrangements are now contribut- ing in a significant way to increases in pre- because private health funds have been miums. obliged to fully fund the provision of the prosthesis of choice. But, after the passage of
CHAMBER Tuesday, 8 March 2005 SENATE 85 this bill, the issue will be a very real one. ess. This is most definitely a situation where Yes, there will be at least one no gap pros- those who opt for private health insurance thesis available for each procedure but, should be able to adjust their coverage op- unlike now, it may not necessarily be the tions without any significant penalty. most appropriate one for a particular con- As I considered this bill, the more I read sumer. Here again, the consumer must be and the more I heard, the more I became guided by their orthopaedic surgeon. Hope- concerned about the consequences. Only too fully, that orthopaedic surgeon will recom- often during the committee inquiry it was mend the most suitable prosthesis for the very much the case that those we heard from procedure they are about to have. As the simply did not know. This is why an appro- Consumers Health Forum of Australia said: priate and effective review mechanism is The average health consumer would not be taking such a critical part of this legislation. With- into consideration the contribution of the cost of out it, there are simply too many unknowns prostheses to hospitalisations when making deci- and we would not be providing appropriate sions about their private health insurance cover. protection for our constituents. I share the fears expressed by the CHF. Con- The stated objectives of the new arrange- sequently, we must ensure that these reforms ments are threefold: (1) to reduce pressure on do not result in the privately insured realising premiums by limiting growth in payments that they do not have cover for a required made for prostheses; (2) to reduce the admin- prosthesis only when the surgery is around istrative burden on the industry; and (3) to the corner. Equally, we must not allow a provide contributors with more choice. There situation to develop where the most clini- was little evidence supplied to us that any of cally appropriate prosthesis is available to these three aims would be achieved, except them only if they can afford a substantial gap perhaps the reduction of the administrative payment—and that was the point that I was burden, although I suspect an even larger making earlier. That is absolutely vital. burden may well be transferred elsewhere. The real risk here is that we are creating I refer to the evidence given to the com- the possibility of an environment which is mittee inquiry by the Australian Private Hos- inconsistent with the concept we have come pitals Association in which they said: to know as ‘lifetime cover’. As soon as we create the option for an individual to leave … it is not completely clear how, or whether, the new arrangements will work to limit the rate of out, for example, cover for prostheses, such increase in health fund benefits in the near and an option will be taken up, especially by the medium term. young and healthy. So we must explain to the They also said they did not know ‘the degree young and healthy, particularly young to which utilisation, technology or price have sportspeople probably, that having coverage led to the increasing benefit costs to health for prostheses is vital. They will have much insurers’. Catholic Health Australia was of difficulty in relating to the concept that they the view that there were other factors which might one day need such cover. The young might limit the impact which any downward who are lured into private health insurance pressure on the cost of prostheses arising through the advantages of lifetime cover can from this legislation might have. The Medi- conceive that they might need to be hospital- cal Industry Association of Australia is far ised, might need physiotherapy and will need from convinced. In his evidence to the com- dental care, but an option of coverage for prostheses is quite a different thought proc-
CHAMBER 86 SENATE Tuesday, 8 March 2005 mittee, their Director, Healthcare Access, Mr tained, and, finally, the unhealthy practice of David Ross, said: exclusionary policies offered by the funds. We believe that the outcomes of the reforms are Whilst the association was of the view uncertain. Like the Australian Consumers Asso- that the current situation was even worse, ciation, we are sceptical of the capacity of these their level of doubt about the proposed ar- changes to bring about a long-term slowdown in rangements is a further cause for concern. premium increases. While we agree that these The issue of exclusionary practices is not reforms are likely to place pressure on prosthesis prices, we believe that the real driver of expendi- only a concern for the APHA. The Australian ture is utilisation, which is not addressed by these Consumers Association has a similar view measures. and, I must say, so do I. The APHA is, in my I am also concerned about this proposition view, correct in asserting: advanced by the MIAA in their submission: … consumers do not have any objective means of assessing their risk of developing a particular High technology prostheses that cannot be com- condition and/or sustaining an injury and there- mercially sustained are unlikely to remain avail- fore cannot make an informed choice whether to able in the Australian healthcare environment. sign up to a policy that excludes hospital treat- That is another concern of mine—that some ment for a particular condition. of these new prostheses are so expensive that Again, that is a point I have made because it they may not be available. They are being is vital that people have that information. developed all the time and becoming more Whilst this has been an issue in other areas sophisticated. The MIAA say that Australians prior to now, it has not been so in the case of may be denied access to higher technology prostheses, since all insurers have been re- devices in circumstances where the gap quired to provide no gap coverage for them. payment which may be imposed will be lar- Under these new arrangements they will not ger than the market can bear, which is the be required to do so, if a member has elected point I just made. They are of the belief that not to be covered for the hospital procedure. this could be an unintended consequence of In summary: the submissions made and these reforms and therefore one that should evidence given to the committee revealed be monitored. The MIAA were also of the belief that the reforms have the potential to some degree of hope but a much greater level of uncertainty about whether these re- impact on patient choice, both because some forms will be effective. The question must be will not be able to afford the gap for the prosthesis they want and because some asked whether in the long term there will be benefits to the system whilst keeping premi- products may disappear from the market- ums under control and retaining patient place. That is the concern I have with the cost of these prostheses. choice of prostheses, and to me that is abso- lutely vital. The review mechanism and I was somewhat surprised by the number process is thus essential for a whole variety and breadth of the doubts and concerns held of reasons. It must ensure that the legislation by the APHA about the legislation. The does not create a roadblock for technological APHA expressed concerns about the success innovation of prostheses. Another of my or otherwise of the benefits negotiation proc- fears is that that may well happen. It must ess, the number of devices that will be af- ensure that Australians can access the most fected by the gap, the magnitude of the gaps, clinically appropriate prosthesis they need at the role to be played by private hospitals the time. It should ensure that outdated tech- where informed consent has not been ob- nologies do not clog up the no gap list, espe-
CHAMBER Tuesday, 8 March 2005 SENATE 87 cially at the expense of newer and more ef- ess is. This is why I am pleased to see that fective ones. An appropriate process must be the Labor Party’s amendment is already en- put in place for removals from the list. As the shrined in the bill. It has come across from CHF pointed out in their submission: the House of Representatives. It will keep us Without such a review, these obsolete prostheses looking at and reviewing this process and may become the lowest cost sub-group of pros- seeing whether or not we have results. theses for a particular MBS item number and While private health insurance premiums create a perverse cost incentive to use older tech- may generally go down—we are not going to nology, rather than relatively safer devices which have a full range of options, a full suite of require a gap payment. possibilities, for various prostheses; we are That was the point I was making earlier: we only going to have the basic model—across must ensure that this does not happen. The the board there might at least be some hold- review process must be rigorous in ensuring ing of increases. I cannot see private health that the new arrangements are not abused to insurance premiums coming down, but there the detriment of the Australian consumer. It might be some levelling. We have seen some must ensure that adequate choice remains significant increases and apparently some of and that the impact on premiums is a positive that is due to this area. But for the individual one or, at the very least, one of containment. whose medical specialist perhaps recom- At all times, we must ensure that the most mends an alternative or who wants the latest widely used prostheses, together with those technology, the best available model of which incorporate advances on such tech- whatever the particular item is, they are go- nologies, are included as no gap items on the ing to have to pay and probably pay quite schedule. substantially. So the first aim—to reduce the Senator LEES (South Australia) (6.26 pressure on the level of private health insur- p.m.)—I rise to speak on the National Health ance premiums—is going to be achieved Amendment (Prostheses) Bill 2004 and I across the board at least in the very short would like to go back to the stated objectives term, but that is not going to do anything for of this piece of legislation. In the explanatory those who are going to need an up-to-date or memorandum there are three dot points: simply a different model or option if they • reduce the pressure on the level of private ever need this kind of support. health insurance premiums by limiting the On the issue of choice I think the ultimate growth in benefits for prostheses; way to ensure that we have choice is to make • reduce the administrative burden on the in- sure that all of those who are qualified in this dustry; and area to perform procedures are actually able • provide contributors with more choice in the to do that. On this issue my primary concern provision of prostheses. is that we enhance choice if we include podi- I will make some more comments on that atric surgeons in the provision of prostheses last point as we get into committee because it and professional services. Surely we have to is on the choice issue that I want to talk recognise the role of all health professionals. about podiatry and podiatric surgeons. First I We went through this debate with the Medi- will look generally at the aims of this piece care legislation a year or so ago when four of of legislation. Some of the earlier speakers us on this side of the chamber were able to have also raised issues of proof of whether or negotiate into Medicare, for those able to not this is really going to happen or if we are access enhanced primary care programs, the going to have to wait and see what the proc- opportunity to access allied health profes-
CHAMBER 88 SENATE Tuesday, 8 March 2005 sionals. This is often not just the very best health funds to do it out of the goodness of outcome for the patient but it is also cost- their hearts, I do not think we will ever get effective and it helps us in Australia to cope there. I quote from page 5, paragraph 1.21 of with a growing problem—the shortage of the Community Affairs Legislation Commit- specialists and the shortage of doctors gener- tee’s report: ally, particularly those who specialised as The Private Health Insurance Ombudsman GPs. Why don’t we include all of those peo- commented that ‘many consumers might see the ple who are able to do the particular proce- introduction of a patient gap for prostheses that dure or process or give whatever advice it is would otherwise have been available with no gap, that we are looking for? as a reduction in patient choice’. If the legislation were to go ahead as it is In paragraph 1.36 it goes on to say: originally written, because of the way that Private insurance companies have indicated the public hospital system in particular oper- that they will not pay for these [prostheses] unless ates, it would simply not be possible to have podiatric surgeons are specifically allowed for in the option of seeing a podiatrist and going the legislation … The ACPS applauds the intent through the processes that might ultimately of the Government in this matter but is nonethe- less concerned that without specific legislative be necessary by way of an operation and po- amendment to the Act the insurance industry will tentially the use of a prosthesis. Apparently not comply with the intent of the Government. in the public hospital system there is a set of The amendments simply cement in place guidelines or rules that generally discrimi- what the government has indicated. As the nate and limit access. Through these ombudsman said in relation to patient choice, amendments—and I will speak to them on an we cement in this choice if we make sure individual, one-by-one basis when we get to that this is catered for. Indeed, one of the them—we want to reinforce both choice and recommendations of the Senate committee the issue of cost. If we keep focusing on a is: few very scarce surgical resources and ex- pect people to simply do more and more, ... that the Private Health Insurance Ombudsman cost will often become an issue, as will de- monitor the implementation of the new podiatric surgical cover provisions and report on progress lays and waiting. If we are able to make sure in the Ombudsman’s annual State of the Health that all of those who are able to perform Funds report. these operations do so, then it will be better The committee also recommends in 1.45: for all concerned. ... that future reviews of private health insurance Podiatric surgeons provide specific pro- cover should consider whether benefits should be fessional services and perform minor, mostly paid for the professional services of podiatric straightforward, surgical procedures on feet surgeons ... and toes. As I have stated, this really is a I argue that we cannot leave it to the future fairly simple set of amendments to make sure intent but that, as we have such people al- we enshrine, for private health insurance ready qualified, we should immediately give funds, the ability to provide benefits for in- this opportunity. In relation to podiatric sur- hospital foot surgery performed by podiatric geons and prostheses, the committee report surgeons. The issue was raised with the states on page 7: Community Affairs Legislation Committee and, as we saw from the evidence there, it is Podiatric surgeons provide a specific profes- sional service. They perform minor and mostly simply not enough to just encourage, because relatively straightforward surgical procedures on it will not happen. If we just ask the private
CHAMBER Tuesday, 8 March 2005 SENATE 89 the feet and toes. Podiatric surgeons generally are their contribution in the debate on the Na- qualified podiatrists, but they are licensed to pro- tional Health Amendment (Prostheses) Bill vide their specialist and highly-skilled services on 2004. I do have an interest in this bill since I the basis of extensive relevant further experience think some of the initiatives were com- and postgraduate training. menced when I was health minister, and I For those who are concerned that perhaps had a concern about the cost of private health those that we are recommending be involved insurance. One of the drivers of that was the in this legislation are not qualified, that was use of very expensive prostheses without any one of the issues looked at by the committee consideration by those people who were us- and they found that most certainly these peo- ing the prostheses. I will not go into the de- ple are qualified in this area. The committee tail. The explanatory memorandum and the also notes: second reading speech clearly outline the As podiatric surgeons are not qualified medical goal and aim of this bill. I want to acknowl- practitioners, services provided by them are not edge the contribution of all stakeholders over eligible for Medicare benefits. In 2004, however, a very long time who have contributed to the the Government amended the National Health Act development of the new arrangements for the to allow podiatric surgeons to receive private coverage of prostheses for consumers with health insurance benefits notwithstanding their lack of Medicare eligibility. private health insurance. I commend the bill to the Senate and hope that we will have The committee report goes on to quote the some time to discuss Senator Allison’s Minister for Health and Ageing’s second amendment. I believe that tomorrow we will reading speech, in which he said: be discussing Senator Lees’s amendment There have been recent changes to health in- when she has had time to consult with Minis- surance legislation that enable members to access ter Abbott. I commend the bill to the cham- basic hospital accommodation and nursing care ber. costs for services performed by accredited podia- trists. In those circumstances, I encourage health Question agreed to. funds to cover the prostheses implanted by podi- Bill read a second time. atric surgeons. In Committee As we see from the committee evidence, the Bill—by leave—taken as a whole. fact is that if it is only encouragement then it simply is not going to happen. In summary, I Senator ALLISON (Victoria—Leader of believe that we need to look at the two issues the Australian Democrats) (6.39 p.m.)—I of choice and cost. Again, I suppose the move Democrats amendment (1), the only proof will be in the results in years to come, amendment on sheet 4524: but I believe that consumers will be facing (1) Schedule 1, item 12, page 10 (after line 6), lower, if not no, gap payments with podiatric after subitem (1), insert: surgeons and they will be given the addi- (1A) The review must include: tional opportunity and benefit of accessing (a) an assessment of the adequacy of other trained professionals. informed financial consent arrange- Senator PATTERSON (Victoria— ments; and Minister for Family and Community Ser- (b) an examination of the extent of out- vices and Minister Assisting the Prime Min- of-pocket costs experienced by pa- ister for Women’s Issues) (6.37 p.m.)—I tients for clinically appropriate pros- want to thank all honourable senators for theses.
CHAMBER 90 SENATE Tuesday, 8 March 2005
This amendment goes to the question of the tients involved out-of-pocket costs. That review. Senator McLucas may wish to add to means that a substantial minority of people my comments. It was our understanding that are already facing out-of-pocket costs. We the amendment to put in place a review had can assume from the complaints made to the not actually been accepted in the lower ombudsman that some of these people were house, but I now understand that the gov- have not been well informed about it. The ernment has done so. Therefore, the Democ- AMA has said that it is not the responsibility rats amendment will be to the bill as pre- of doctors to ensure patients are informed sented in the chamber today. about the costs that may flow to them be- As I said in my contribution during the cause of the existence of this legislation. As I second reading debate, we felt it necessary said earlier today, we need to pin down just for the review to look in particular at the whose responsibility this is. Hopefully, as adequacy of informed financial consent ar- part of the clinicians’ decision-making proc- rangements and to also examine the extent of ess they will take into account the cost- out-of-pocket costs experienced by patients effectiveness of a particular prosthesis when for clinically appropriate prostheses. Those deciding which prosthesis is right for a pa- informed financial consent arrangements to tient. It will be essential that doctors are well which I am referring are for prostheses. If informed as to which prostheses attract gaps patients choose to have a medical device or and which do not. As I said, failure to obtain prosthesis they will pay more under this ar- informed financial consent can have substan- rangement, which is outside the no gap ar- tial consequences for consumers. rangement. Of course, like legislative ar- We put this amendment forward. I under- rangements concerning other potential gaps, stand the government is not going to oppose such as with doctor or hospital costs, there the amendment and that the ALP will also are no legislative requirements to ensure in- support it, although I leave Senator McLucas formed financial consent. to say that for herself. I think it will make a We are all very well aware of the many real difference to the review if we spell out cases of people who believe that, having held the need for informed financial consent to be private health insurance, they will be covered part of that review so that we look at how for the costs of their treatment. It is only well it is working, at whether doctors are when they go for treatment, often after they able to work with their patients to make sure make a decision or perhaps even have the that they understand what the financial treatment, that they discover they will be commitments are that are being entered into faced with substantial bills. In fact, the 2004 and also at the extent of out-of-pocket costs Private Health Insurance Ombudsman report that patients experience for clinically appro- said: priate prosthesis. We look forward to seeing that review and suggest that this will be an Consumers generally do not have a good under- standing of how much it costs to be treated in a important part of that. private hospital. If a health fund member finds At this stage, I say again that this just re- they are not fully covered by their health insur- lates to prostheses, although the Democrats ance … the amount of money involved can come would like to see a broader application of as an unpleasant surprise. this informed financial consent arrangement PHIAC statistics for the June quarter of 2004 and, indeed, an examination right across the indicate that around 20 per cent of in- spectrum of what informed financial consent hospital medical services provided to pa- means when it comes to private health and
CHAMBER Tuesday, 8 March 2005 SENATE 91 private health insurance. In fact, it may result by consumers for certain prostheses—will be in quite a substantial saving to private health kept to a minimum. insurance if patients were across those ar- It is a hope that the no-gap devices that rangements. will sit on the schedule as those required to Senator LEES (South Australia) (6.44 be provided by the health insurance provid- p.m.)—I fully support these amendments. ers will be of the quality that consumers need Indeed, I agree with Senator Allison’s senti- and will also be appropriately prescribed. It ments that they should be more widely would be abhorrent if people were making lodged or put into the legislation. One of the decisions about a prosthesis based on price factors that limits people’s interest in private rather than on the appropriateness of the de- health insurance is that they are still often vice for the service that they require. It is out of pocket and do not know that extra also a hope that costs will be kept to a mini- charges are going to be incurred. This is a mum. Surely we should be focusing on keep- very sensible amendment. I hope that the ing the out-of-pocket costs to the consumers government sees fit to support it. to a minimum. We are surely hoping that the Senator McLUCAS (Queensland) (6.45 costs to government through the 30 per cent p.m.)—The Labor Party thinks that the rebate to the private health insurance compa- amendment proposed by the Democrats ac- nies will be kept to a minimum. The other tually adds to the amendment that Labor issue of costs that we are interested in is that moved in the House of Representatives, any savings that the private health insurance which was agreed to by the House of Repre- providers may make will be passed on to sentatives. It goes to the question of the re- consumers through a decrease in their private view of the operation of the schedule. The health insurance premiums. House of Representatives have agreed with Senator ELLISON (Western Australia— Labor’s proposal that an independent review Minister for Justice and Customs) (6.48 of the operation of the amendments made by p.m.)—For the record, the government sup- this schedule be undertaken as soon as prac- ports this amendment. ticable after 1 July 2007 and that a report of Progress reported. that review be provided by the minister no COMMITTEES later than 1 October 2007. Foreign Affairs, Defence and Trade Refer- Labor moved this amendment because, as ences Committee I said in my speech in the second reading debate and as Senator Moore has said a little Membership more eloquently than me, this is a bill of The DEPUTY PRESIDENT—Order! I hope. This is a bill for which there is reason- have received a letter from a party leader able goodwill across the sector—from pro- seeking a variation to the membership of a viders, consumers, health professionals and committee. hospitals in particular, and from the political Senator ELLISON (Western Australia— parties. This is an improvement on our exist- Minister for Justice and Customs) (6.49 ing arrangements, but it is based on hope, not p.m.)—by leave—I move: data. It is a hope that it will improve existing That Senators Evans and Faulkner replace arrangements. It is a hope shared by all those Senators Hutchins and Mackay on the Foreign stakeholders that the gaps that will now ap- Affairs, Defence and Trade References Commit- pear—the gaps that will have to be paid for tee for the committee’s inquiry into duties of Aus- tralian personnel in Iraq.
CHAMBER 92 SENATE Tuesday, 8 March 2005
Question agreed to. This report talks about another environ- DOCUMENTS mentally significant region that was volun- tarily acquired: 98 undeveloped lots of free- The DEPUTY PRESIDENT—Order! It hold land to the north of Russell Heads, lo- being 6.50 p.m., the Senate will proceed to cated 45 kilometres south of Cairns. That is the consideration of government documents. an area that was voluntarily acquired. It Wet Tropics Management Authority guaranteed the protection of freshwater Senator BARTLETT (Queensland) (6.50 swamp, and the complex sand dune system p.m.)—I move: in the coastal lowlands of the World Heritage That the Senate take note of the document. area has now been transferred into the The annual report of the Wet Tropics Man- Queensland national park. It is unfortunate agement Authority concerns an incredibly that the ongoing battle over securing incredi- important and unique area in my home state bly valuable areas in the Daintree has not of Queensland that is best known for the been resolved. These are areas where liter- Daintree rainforest but also covers areas fur- ally the last remaining examples of species ther south of Cairns, right down to Towns- of plants in particular survive. Areas contain- ville. This area is very significant in terms of ing species that were thought to be extinct its environmental value and is unique in a until being rediscovered recently are still at whole range of extraordinarily important risk of being cleared just to put houses on ways. It is a particularly outstanding example them. It is ridiculous that that risk is still of one of the major stages of earth’s evolu- there. I am pleased that there has been some tionary history. It also has significant cultural progress but, until it is absolutely locked in heritage values, although it is not listed for and guaranteed that those areas can no longer that reason as yet under the World Heritage be cleared, I will certainly continue to raise Convention. Certainly I would support the concerns. proper listing in consultation with the many This report also mentions an application different groups of Indigenous people who that is currently in place for a proposed con- still live in the World Heritage area. struction by the Department of Main Roads Many times I have spoken in this chamber in Queensland of a four-lane highway from about the threat in particular to the Daintree Smithfield to Kuranda. This proposal has the rainforest and especially those areas that are potential to have a very significant impact on not within the World Heritage area but are in the World Heritage area, and it certainly the middle of it and surrounded by it—areas causes me a lot of concern. I hope the au- that were subdivided during the not particu- thority does ensure that a proper look is larly lamented Bjelke-Petersen era. Incredi- given to that proposal. I mention also my bly valuable ecological areas of rainforest concern about the ability of the authority in were basically subdivided into suburban general to fulfil its tasks properly. It has an blocks. Many of those are still covered with incredibly important role, not just in protect- rainforest but are still at risk of being ing the unique environmental assets of this cleared. I know the local shire council in area; let us not forget the incredibly impor- particular and also the state government, and tant economic benefit it brings to Far North lately and belatedly the federal government, Queensland. have been trying to ensure that those areas There are an immense number of threats are protected. that continue to apply to the wet tropics area, in part because of its popularity. It is a diffi-
CHAMBER Tuesday, 8 March 2005 SENATE 93 cult balancing act, but we certainly do not called the Daintree is what Senator Bartlett want the authority underresourced, with un- alluded to: the fact that, under the National certainty about funding or with uncertainty Party government in the 1980s, under the about how it is going to be able to operate in stewardship of Russ Hinze, it was agreed to the future. That needs to be addressed. It is freehold a large tract of land, much of which something I am watching closely. I also no- had never been logged. This is incredibly tice the seven-year review of the manage- significant lowland wetlands. It is an ecosys- ment plan is about to commence. That is also tem not replicated anywhere in Australia, and an issue that I believe is very important. It very few places in the world have this type involves the local community—the local of ecosystem. But the Bjelke-Petersen gov- Indigenous people in particular—and also ernment agreed to sell it off to Mr Quaid. the wider Queensland and Australian com- When Labor came into government sub- munity because it is an area, as its name im- sequently, we started what we call the Dain- plies, that is of world value and must be pro- tree buyback process. I have to say that, irre- tected. spective of your politics, as soon as you get Senator McLUCAS (Queensland) (6.55 to this area you realise and you agree that p.m.)—I also wish to take note of the Wet that is the appropriate thing to do. Unfortu- Tropics Management Authority’s annual re- nately, the policy adopted under the Hawke- port. In doing so, I pay tribute to Lieutenant Keating years has not been adopted by this General John Grey, the chair of the authority, government, although there is some sort of for his leadership in some difficult times. I piecemeal or platitudinous acceptance that also want to pay tribute to Russell Watkin- something has to happen. Everyone under- son, the former CEO of the Wet Tropics stands that you cannot have housing blocks Management Authority, for his stewardship of one hectare in a rainforest where a house of the authority over a number of years and and then the garage and then the dog and the the leadership that he showed in bringing the cat will go. They do not live very well with community together around the preservation the cassowary, I am afraid. of this environmental, economic and social Unfortunately, during the election cam- asset that is important not only to the people paign of last year, the difference between the of Far North Queensland but to all of us in coalition and the Labor Party was very Australia and, as Senator Bartlett has said, clearly defined. Labor committed to reinvest- across the world, given its World Heritage ing $7 million, along with the state and with status. commitment from the Douglas Shire Coun- In my few comments tonight I want to fo- cil, to continue the program, to finish the job cus on one particular area of the wet tropics of buyback and to make sure that our contri- that gets a lot of attention. In saying this, I bution in a financial sense sat well with the want to be very clear that the wet tropics are planning instruments that the Douglas Shire not the Daintree. The wet tropics traverse an Council had developed. Senator Meg Lees area from Paluma, just north of Townsville, was involved in those discussions with the almost to Cooktown. Whilst the national fo- government at the same time. cus is always very much on the area north of I have to report to the Senate the disturb- the Daintree River, between the Daintree and ing events at a very large rally held in Port the Bloomfield rivers, we must remember it Douglas a couple of weeks before election is a much larger resource than the area that day, when various parties put their position. we focus on. The reason we focus on the area
CHAMBER 94 SENATE Tuesday, 8 March 2005
Unfortunately, the local Liberal member land signed off on that agreement, as did the could not be there. They sent somebody to Commonwealth. The essence of the agree- videotape the event, which I thought was ment was to give the state and territory gov- quite interesting. The Mayor of the Douglas ernments, unconditionally, 100 per cent of Shire Council read out a letter that was sent the GST revenue in place of the pre-existing to Senator Lees by the Minister for the Envi- system of Commonwealth grants. The pur- ronment and Heritage, Senator Ian Campbell, pose of it was to enable the state and territory which made a commitment that funds that governments to retire a whole raft of state were allocated to the buyback would not go and territory taxes. through the Australian Rainforest Founda- In order to ensure that the state and terri- tion. Unfortunately, at that same rally, a letter tory governments were not worse off in the from Mr Entsch was read out that said that of event that the GST revenues were lower than course the money would go through the Aus- projected, the agreement provided for what tralian Rainforest Foundation. I do not know was in effect a no-disadvantage test. The no- what this government thinks about people in disadvantage test can be put this way: each Far North Queensland, but to send two sepa- state and territory was to receive a guaran- rate messages and to think we do not talk to teed minimum amount so that its budget was each other is a bit silly. There was a lot of no worse off than it would have been had the confusion and a lot of anger at that rally. It tax reforms not been implemented. But, in was a reflection on the duplicity of this gov- the event that the GST revenue collections ernment in its treatment of people in more were greater than expected, 100 per cent of far-flung areas. I commend the Queensland that surplus revenue would also go to the government for what they have done. state and territory governments. The Grants The ACTING DEPUTY PRESIDENT Commission established the relativities be- (Senator Sandy Macdonald)—Order, Sena- tween the states and the territories. tor McLucas, your time has expired. As we know, the GST has been a huge Senator McLUCAS—I seek leave to con- success. Collections of GST revenue have in tinue my remarks. every year been larger than expected and, as Leave granted; debate adjourned. a result, all of the states have achieved a windfall. Not only have they got 100 per cent Commonwealth Grants Commission of what they would have got under the pre- Senator BRANDIS (Queensland) (7.01 existing Commonwealth-state relations; they p.m.)—I move: have got a windfall surplus. Nowhere in the That the Senate take note of the report. Commonwealth Grants Commission report In April 1999 the Commonwealth and the has that windfall surplus been greater than in state and territory governments entered into my state of Queensland. In 2004-05, accord- an intergovernmental agreement called the ing to the Mid-Year Economic and Fiscal Intergovernmental Agreement on the Reform Outlook published last December, the sur- of Commonwealth-State Financial Relations. plus on top of the ordinary GST payments to The purpose of that agreement was to base the state of Queensland is $760.6 million. all future state and territorial revenue from That is on top of the $7.3 billion GST pay- Commonwealth sources on an entirely new ment by the Commonwealth to the state of footing funded by the goods and services tax. Queensland. The 1999 agreement prescribes Every state and territory government in the a series of state taxes which it was the pur- pose of the agreement to retire in the event
CHAMBER Tuesday, 8 March 2005 SENATE 95 that the GST revenues were greater than ex- prising. But a Liberal senator boasting about pected. exactly how enormous the tax take now is is In 2004-05, Queensland gets $760 million worth noting. of windfall not budgeted for by the state I should emphasise that in some ways we treasury. To put that in context, that repre- unfortunately still have echoes of the GST sents one-third of the total revenue raised by debate—Labor versus Liberal—playing out Queensland from all stamp duties. It repre- in the current debate about whether the states sents more than half the total revenue raised should be getting rid of more taxes or fund- by the state of Queensland from stamp duty ing more services as opposed to the federal on conveyancing transactions alone. In government funding them. People are taking represents 94 per cent—almost all—of the up some of the same lines because of their revenue raised by Queensland from gam- position on the GST. Senators would proba- bling taxes. It represents twice—more than bly be aware that I was one of the Democrats 200 per cent of—the aggregate revenue rep- who voted against the GST, not because of resented from land tax. There is this windfall the amount of revenue it might raise but be- gain. The deal in 1999 was that the states, if cause of concerns about it being raised in a they got a windfall gain, were to spend it less than equitable way. I think if you make retiring state taxes. What has the Queensland those sorts of assessments you might come government done? It has not retired any of up with different criteria in determining those state taxes. It has not retired the land whether or not it has been successful. tax. There has been no relief on convey- It is about time for us to have a good ex- ancing duties. There has been no relief on amination, five years down the track, of how payroll tax and no relief on gambling taxes. that whole tax shake-up is operating and The Queensland government is flush with whether there are ways to make it fairer, GST surplus revenue, but Queensland tax- stepping back from everybody’s individual payers have seen no relief whatsoever. views about whether or not it was a good Senator BARTLETT (Queensland) (7.06 idea in the first place. Obviously, the GST p.m.)—First I would like to note the contri- has happened and is now well entrenched, bution of Senator Brandis, who is also from but I am disappointed that the Labor Party my state of Queensland, and agree that the have stepped back from their position of a Queensland government has certainly done couple of elections ago—not that I necessar- far better than any other state or territory ily supported everything about roll-back but government in terms of profiting from the the principle of continuing to look at improv- GST revenue. I note Senator Brandis’s de- ing the fairness of the way the tax operates is scription of the GST as a ‘huge success’ be- appropriate, particularly now that it has been cause it has brought in more money than ex- in place for some five years now. pected. It is an interesting definition of suc- There is a good case to be made for state cess from a Liberal Party senator that a tax is governments to consider removing some of successful because Australians are paying those economically unproductive taxes— even more tax than we thought they would. those that whilst they might raise revenue From my point of view, as a member of a have a negative side effect as well—and to party that has never been shy about recognis- counterbalance, whether in terms of eco- ing the importance of ensuring that we have nomic activity or social equity. Some of the a sufficient amount of revenue to fund social taxes that are still in place are exceptionally services, perhaps that would not be so sur-
CHAMBER 96 SENATE Tuesday, 8 March 2005 regressive, as were some of those that were proach on rather than just more of the finger abolished. If we are talking about what is pointing, political point scoring and postur- appropriate for tax reform, one issue is how ing. much revenue a tax raises—not just what it Question agreed to. is spent on but whether it is raised fairly. My ADJOURNMENT concerns are on the record about the GST not being fair. My colleagues did a lot to try to The ACTING DEPUTY PRESIDENT make it fairer—by exempting food, for ex- (Senator Sandy Macdonald)—Order! ample. Let us not forget that some of the There being no further consideration of gov- state taxes that are still in place are also in- ernment documents, I propose the question: credibly regressive, not least the gambling That the Senate do now adjourn. tax. That is an area all state governments Wool Industry: Mulesing should focus on, not just because they now Senator BARTLETT (Queensland) (7.12 have GST revenue to replace it but because p.m.)—I am actually about 10th on the list, of the real problem of their being tied to that Mr Acting Deputy President, but if no-one gambling tax revenue. else is here I will jump up. I would not want As with many cases where you have state others to miss out on their chance to speak. and federal governments pointing fingers at The ACTING DEPUTY PRESIDENT each other and saying, ‘The other mob’s to (Senator Sandy Macdonald)—You’ve blame’—whether it is expenditure on social saved the day, Senator Bartlett. services, regressive taxes or addressing is- sues like housing affordability—I think that Senator BARTLETT—And I am sure both state and federal governments can do Senator Conroy wants to hear me speak more. I get really tired of them spending some more anyway. more energy on pointing the finger at each Senator Conroy—There is a serious mis- other than on focusing on what they are ca- representation taking place in this chamber. I pable of doing. We need an approach where think you should make him withdraw that there is less finger pointing, name-calling defamatory remark, Mr Acting Deputy and shouting at each other across the divide President. and more getting together and looking at The ACTING DEPUTY PRESIDENT— where we can go forward, five years down There is no point of order, Senator Conroy. the track, regardless of whether you sup- Senator BARTLETT—I would like to ported the GST or, like me, opposed it. We speak on an issue that is probably of interest need to look at where we go from here, to you, Mr Acting Deputy President Mac- whether there are changes we could make at donald. It concerns the wool industry and a federal level and what states can do in particularly the debate and controversy at the terms of changing their remaining taxes or moment about mulesing and the live export what they spend their money on. Some of trade. Senators would be well aware, I ex- them are doing better than others. This report pect, of my longstanding interest in animal does not go into that so much but it is an on- welfare and animal rights issues. I have cer- going debate that we do need to have. There tainly spoken a lot about the live export trade is clearly still a problem with adequate ex- for sheep, cattle and other livestock. But I penditure on social services—in particular, in have stayed out of publicly contributing to Queensland—but it is something the federal the mulesing debate for some time, even government should take a constructive ap-
CHAMBER Tuesday, 8 March 2005 SENATE 97 though I have a personal view, which would alternatives. The practice is sufficiently prob- not surprise people, of being concerned with lematic that the industry itself has said it is that practice. I felt that it was something I going to stop it within five years, yet it is would leave up to public debate and the using the courts to try to silence people who court of public opinion, if you like, in terms are campaigning for it to stop now or are of the differing views expressed by animal encouraging others to be aware of their con- welfare advocates versus some from the in- cerns and not buy the product until it stops. I dustry—and of course there are some in the might add that that applies to the live export industry who have moved away from trade as well. I can understand why some mulesing already. wool growers are concerned about that— What has finally driven me to speak out in people’s livelihoods are involved. Naturally, support of those people in a much more pub- some people react negatively to that. lic sense, even though I have supported them Australian Wool Innovation were funded privately, has been the very aggressive action by government contributions of over $14 taken by Australian Wool Innovation and, in million in the last financial year, according to recent times, the Australian government their annual report. They received over $42 against People for the Ethical Treatment of million from the wool levy, which comes Animals, which is a US based animal rights directly from wool growers themselves, as I organisation—particularly their decision to understand it. That would be about 99 per also undertake court action against Austra- cent of their income—a very small amount lian animal rights activists from Animal Lib- comes from royalties and sales of goods and eration NSW. I should declare, although it is services. So we have a body that receives reasonably widely known, that I am a former over $14 million in government funding—I office-bearer of Animal Liberation Queen- am not saying they are using that $14 mil- sland, which is a completely separate organi- lion; I do not know where they are drawing sation. Nonetheless, I have an awareness of money from or if they are getting donations the people involved in Animal Liberation for this purpose—using money specifically NSW, so I do not hide from that fact. I think to conduct court action to try to silence peo- it is totally unacceptable that people are be- ple who are expressing concern. It is a very ing targeted deliberately by court action—by dangerous practice, and it is a misuse of the a body that gets a significant amount of gov- Trade Practices Act to try to sue people as ernment funds—just because they are ex- has been done here. I have noted some pressing their views, views they have ex- statements by Mr McLachlan from Austra- pressed for a long time, about the unaccept- lian Wool Innovation which I have inter- ability of the practice of mulesing. preted as him saying that he is doing this It is utterly counterproductive for parts of because he knows it will cost those organisa- the wool industry—and I acknowledge that it tions money and he wants them to chew up is not all of the wool industry—to be spend- their money having to defend these things. I ing money specifically targeting Australian may have misinterpreted what I saw him activists who are simply expressing and have reported to have said, but that is what it consistently expressed concern about this looked like to me—that much of his agenda practice. The wool industry has publicly was to try to silence and intimidate people stated that it has agreed to phase out and make them chew up their resources on mulesing by the year 2010, which is in five legal action rather than on campaigning. years time. It is undertaking research into
CHAMBER 98 SENATE Tuesday, 8 March 2005
Last week, we had the extraordinary particular minister. It is completely unac- statement by Minister Truss suggesting that ceptable. PETA, People for the Ethical Treatment of I express my support for the people in- Animals—which is a very large organisation volved in animal liberation in New South in the United States—gives aid and comfort Wales, some of whom I have known for to terrorists. I know that people get worked quite a long period of time. They are people up about this debate, as they do with many with very strong views and passions of their other issues. People can say strong things own. I do not necessarily agree with every occasionally. But for a government minister view of theirs, but I certainly strongly sup- to specifically come out and accuse animal port their right to express their views and put rights activists, particularly this organisation information on the public record about a and by association Australians who are cam- practice which is controversial. It is suffi- paigning on this issue, of being tied to people ciently problematic that the wool industry who are giving aid and comfort to terrorists itself has said that it will phase it out and is totally unacceptable. A spokesperson for some wool growers have already abandoned Minister Truss, according to one report that I it and found alternatives. When it gets to the have seen, has said: ‘The minister is com- stage of government funded organisations fortable with his position. We are not saying misusing, in my view, the Trade Practices that there are deliberate links with terrorist Act and of government ministers using un- related activities, but they are allegedly pro- founded smear by association with over-the- viding financial support, according to evi- top labels like ‘terrorist’ against people that dence before a US Senate committee, to one raise these concerns, it really is going too far. group, the Animal Liberation Front, that has It is in those circumstances that I feel obliged been accused of so-called domestic terrorist to speak out in defence of people expressing threats.’ these concerns. To use one allegation about one organisa- There is no doubt a lot of suffering in- tion before a Senate committee in the United volved in mulesing, which for those that do States that has not been tested and then just not know involves cutting the skin away throw in the blanket description of ‘aiding, from the rear end of sheep to try to prevent abetting and comforting terrorists’ is taking flystrike. As has been rightly said, a sheep the debate into the realm of the surreal. It that is subject to blowfly strike is going to really is getting utterly ridiculous when we suffer a lot more than one that has been get those sorts of over-the-top smear allega- mulesed. The key is whether there are alter- tions—that they are in some way linked to natives. I support the industry in funding terrorists—by a minister of the Australian research to find alternatives, I support those government against an organisation like growers who have already shifted to other PETA and others that have been tied to them approaches and I support the overall decision via the court action by the wool industry. It is to phase out mulesing. But I do not support the sort of smear by association that we have using the courts, particularly if you are a tax- seen in other areas of this government but payer funded organisation, and I do not sup- that I have not seen from Minister Truss in port Australians in particular but animal the past. He certainly makes strong state- rights organisations in general being smeared ments sometimes about areas that he has in such a lazy and crude way by absurd alle- views on, as we all do, but to make that sort gations of links with terrorists when they are of over-the-top smear is a new low for that simply expressing concern about an action
CHAMBER Tuesday, 8 March 2005 SENATE 99 which quite clearly involves suffering for a his shop. For this service he wanted in cash large number of animals. more than each of us earned in a month. I Family Planning can still remember that old man and his dingy back room. After a couple of minutes Senator FERRIS (South Australia) (7.22 my flatmate decided it was an unsafe choice p.m.)—Now that International Women’s Day that she was not prepared to make. He, of is 30 years old it is understandable that many course, facing not only the loss of cash but women might take for granted the achieve- also the compromise of an illegal service ments that have been made over those years. offered but not accepted, tried to block our Not least of these is the right to family plan- path, shouting, threatening and bullying two ning—the opportunity to make an informed very frightened young women. choice about whether to have a baby, when to add to the family and when to choose not My friend then found herself making a se- to proceed with a pregnancy. This is a choice ries of other less palatable choices, telling young women now take for granted, and so her parents and disappearing to the shame of they should, but it was a long time coming. a cold hospital basement where this talented young woman washed laundry until the child In fact, 30 years ago, when we were all was born and adopted. Sadly there was to be celebrating the first International Women’s no happy reunion for her and her daughter— Day, family planning was still very much a she was killed in a single car accident just whispered choice, discussed in hushed tones months later. Australia must never return to behind closed doors and with little or no help those shameful days. Our women must al- from other family members. A sense of ways have the chance to make an informed shame often pervaded this issue. There was choice with their medical adviser, their fami- certainly limited choice. Pregnant unmarried lies, their partner, their support network— girls had little option: the search for a coop- whoever they choose. And they must be free erative doctor, a risky backyarder, the public to make that choice without coercion and shame of a few months in the basement of a without compulsion. public hospital and the inevitable adoption, or a hurried visit interstate for a few months. A few days ago I stumbled upon a Week- They were the days of high-risk decisions, end Australian Magazine article that I had little choice and public shame. torn out and diligently filed away. It was called ‘The body politic’ and was written in I had some experience of those bleak days 1998. The article outlined the extraordinarily when a young flatmate of mine became sad story of a devoted mother of three’s deci- pregnant to the local stock agent, a deeply sion to pursue an abortion, and the bitter religious father of six, who walked away public debate that ensued. Why, some seven from her only minutes after she broke the years later on a day set aside to celebrate news to him. She was devastated, not sur- women’s achievements, has this debate yet prisingly, and her first thought as an only again been politically torched? Surely our daughter, a churchgoer, was to end the preg- job here is to ensure that we remain a nation nancy with as little disruption to her profes- where people are free to make their own sional life was possible. Sadly, her choices choices within a legal framework that makes were limited and we found ourselves one wet sure these choices are safe, accessible and of Friday night driving a couple of hours to a a high quality. And surely the framework town where the local pharmacist had agreed should also seek to overcome the barriers to help in a less than salubrious back room in caused by language, culture, ethnicity, relig-
CHAMBER 100 SENATE Tuesday, 8 March 2005 ion, disability, sex, age and even geographi- image after they have thought about it. After- cal location. care services in the centre, including a tele- I am pleased to say that in my home state phone counselling hotline and post-operative of South Australia, the only state in Australia follow-up, are again provided as options. with a fully publicly funded abortion facility, Appointments are then made at the woman’s there have been vast improvements. Last request. Importantly, follow-up counselling week I visited a facility in Adelaide which is available for all women, but only about 10 offers the only publicly funded family plan- per cent of women choose to access this ning services in Australia, where women and counselling. their families or partners can make informed This was a very sad place. It was quite choices about how they can best deal with an crowded. There were many people sitting in unplanned pregnancy. Each year this centre the waiting room. Sadly they did not have a provides about 3,000 of South Australia’s great deal of privacy. The facilities in this 5,000 abortion services, with about 48 per centre could be improved, but the money that cent of referrals coming from doctors and 18 is given by the South Australian government per cent from family and friends. for the service is not generous and the staff The caring and highly skilled staff ex- there have decided to use the funds available plained to me that the only theme that ap- to increase the options for women rather than plied at every stage was the emphasis placed to modernise the waiting room. However, it on providing informed and safe choices. The was one of the few places I have been to choice to pursue an appointment is the where people chose not to establish eye con- woman’s alone, and the one-week delay that tact with one another. I would hope that no applies between her call and the appointment member of my family would ever find them- could be considered a cooling-off period. selves needing to go there. But, if they did, it During the appointment, women are offered would be a very safe choice for them, and an opportunity to discuss and access infor- that is the way I think all thinking people mation about a range of issues, including want that choice to be provided. continuing with the pregnancy and adoption, I do not promote abortion in any sense at again with the emphasis on informed choice. all, and I do not believe that I am likely to However, only 10 per cent of women do not meet anyone who does. But in passionately immediately proceed to end their pregnancy. supporting informed choice I am neither pro- In fact, a large number want to ensure the life nor anti-life. I describe myself not as a procedure can be carried out immediately so feminist but as a commonsense woman who they can be at home when their other chil- wants, on the 30th anniversary of Interna- dren come home from school. Many of these tional Women’s Day, the choices for Austra- women are also coping with the demands of lian women to be free from compulsion and work, a country lifestyle and difficult per- free from coercion. I simply want to offer sonal circumstances including domestic vio- other Australian women the choices that they lence and substance abuse. now have and not to return to the shameful, An ultrasound scan is a prerequisite part secret and unsafe days of the past. of the procedure, but again it is the woman’s Indigenous Affairs: Redfern choice to view the scan. Some do, some do Senator RIDGEWAY (New South Wales) not; some ask for a copy of the image and (7.30 p.m.)—I want to speak tonight about some come back later to ask for a copy of the an issue that should be important to all Aus-
CHAMBER Tuesday, 8 March 2005 SENATE 101 tralians, and I would hope that it receives a opment of Indigenous community control lot more debate—certainly in Sydney. I think services since the 1970s and were amongst it goes to the question of a prevailing attitude the first to look at the establishment of legal in relation to Indigenous affairs in this coun- services, medical services and the housing try and that there is an injustice waiting to company, to name a few. I think that they happen. It is not a popular issue but one that provided the models for a way forward, but people cringe at and tend to walk away from, there have been some difficulties along the and this is the question of Redfern. I raise way. One issue was the lack of affordable this because there is no other neighbourhood housing for Redfern’s increasing population, in this nation that carries as much weight and it resulted in an extreme housing crisis, with the mere mention of its name. Even with people living in the Black Theatre, then though there are large Indigenous popula- the Catholic church hall and then eventually tions in areas of Western Sydney, it is Red- squatting in houses in Louis Street on the fern that is seen as Sydney’s black heart— Block. In 1973, after much publicity and specifically the area known as the Block, despite protests from non-Indigenous resi- which is bounded by Eveleigh, Louis, Caro- dents and the South Sydney Council, the line and Vine Streets. houses within the Block were bought by the I was alarmed—I would hope like many Commonwealth government and given to the other Sydneysiders—when I woke up at Aboriginal housing company. The aim at that home in Sydney on Saturday morning to read time was to provide a communal living envi- the news on the front page of the Sydney ronment run by Indigenous people, for In- Morning Herald that the new minister re- digenous residents, with affordable rent. sponsible for Redfern, Frank Sartor, had told As the housing company have promised to the local Aboriginal housing company in deliver some 62 new houses on the Block, Redfern that he wants no Aboriginal housing the new minister, sadly, announced that in on the Block. Frank Sartor has already re- the brave new world of Redfern there will be vealed that the heritage laws will no longer hardly a black face on the Block. After the apply to four sites around Redfern: the Aus- Redfern riot of February last year, the New tralian Technology Park, Eveleigh railway South Wales government’s response of 54 workshop, the 23-hectare public housing extra police and the Redfern-Waterloo Au- estate and the Block. It is almost stating the thority does not take into account or appreci- obvious to say that Aboriginal people have ate the nature of the long relationship be- lived in Redfern for 60,000 years; but, to be tween Indigenous people in Redfern— more specific, it has been the main area in especially the Block—that goes back over a Sydney where Aboriginal people have lived significant period of time. since the 1930s—attracted mostly by the The New South Wales government’s re- work at the nearby Eveleigh railway yards. sponse is a tired and lazy solution that says Indeed, when my family first came to Syd- that the only way forward is to open up Red- ney from the North Coast, we stayed first in fern to the free market. I read Frank Sartor’s Caroline Street and then lived around Red- letter in the Sydney Morning Herald today, fern, Alexandria and Waterloo, because that about accusations about the government’s was where Aboriginal people stayed when response being racist, but if it does not come they came to Sydney. close to it I do not know what does. It is the The Redfern Indigenous community have likes of which we have not heard for a long been involved in the conception and devel- time: the targeting of one race of people for
CHAMBER 102 SENATE Tuesday, 8 March 2005 exclusion. As many letters in yesterday’s least, the best example of a remote commu- Sydney Morning Herald pointed out, would nity in the biggest and wealthiest city, where Mr Sartor call for the removal of Jewish local people cannot attract local jobs, they people from Bondi? Would he call for the are not working in the local retail outlet cen- removal of Italians from Leichhardt? Would tres, and they do not have all of life’s oppor- they remove the Chinese from Haymarket if tunities at their fingertips. They are not the developers needed that particular land? unlike everyone here. In that respect it makes Nowhere in Mr Sartor’s grand whitewashing it harder to understand why it is that these plan for Redfern can Indigenous people on people do not get the same life choice to be low incomes buy affordable housing. It is able to own their own home. shameful that there is no talk about the peo- Fingers are being pointed at the housing ple in Redfern and in the Block having aspi- company, and people are saying that it has to rations to own their own home. deal with every problem on the Block—just This is something that the government has because it has title to the land. The point I been going on about for some time: moving make here is that it is a housing company; it from communal to individual ownership, yet is set up to deal with the provision of hous- we do not talk about and apply that same ing. How does a housing company also deal concept in places like Redfern. I think in this with the issues of law and order, drugs, alco- respect we have to ask the question: why hol abuse, the abuse of women and children can’t Indigenous people hold prime real es- and so on? It simply cannot. That solution is tate in this country and why can’t they make the wrong way forward. It also raises a ques- something from it? In this plan there is still tion. The housing company holds title to land only talk about making the local residents that is held privately. How can a government, just tenants; or, worse still, attempting to even using some notion of just terms com- relocate them completely—probably to some pensation, all of a sudden decide to single far-off place like Macquarie Fields. We saw out one group as against the rest and say that what happened there and we know it is going they are going to relocate them? It is an ab- to happen again in the future. solute travesty; it is a miscarriage of justice It is no accident that the Block itself is in waiting to happen. That is why this issue the state it is. It is the result of decisions and needs to be raised. policies that have maintained both poverty Most of all, I accept the weight of public and crime—and, yes, we do need to tackle opinion: the range of problems that have ex- those issues, but doing it this way is not the isted in the Redfern community and in com- best way forward. I think there is a lot of munities right across the country hardly gar- credence in looking at what happened in ners support from the broader community to Harlem with redevelopment there. Certainly be able to recognise what is there. The sad the problems were far worse than they are in thing about the whole debate is that even Redfern—and probably will ever be—and it when you speak to local people they have is now back on the tourist map. People have somehow become immune or conditioned to not had to relocate. In the process, even for- accepting that this is pretty normal—there is mer US President Bill Clinton relocated his no need to kick up a fuss or resist what the office to Harlem. I see no reason why we government proposes and it is okay that on ought not venture down a similar path and be privately held land, irrespective of whom it brave enough to do the right thing—the mor- is held by, the minister can step forward and ally correct thing. Redfern is, in my mind at dictate what is going to happen in respect of
CHAMBER Tuesday, 8 March 2005 SENATE 103 that land. It seems to me that, if the new au- Education thority goes ahead with its plans, its ‘us and Senator MASON (Queensland) (7.41 them’ mentality will perpetuate and entrench p.m.)—Not so long ago, Mr Wayne Sawyer, inequality in this country. Whether we talk the President of the NSW English Teachers about it in terms of reconciliation or practical Association and Chairman of the NSW outcomes, we have to recognise that the Board of Studies English Curriculum Com- whole approach is one that entrenches the mittee, created a minor controversy with his wrong outcomes and entrenches a perceived very public admission that English teachers inequality that sometimes we fail to see. Australia wide have failed. They have failed To me it was a perfect opportunity for not as one might think because literacy stan- both black and white leaders to show leader- dards have not been reached, or because the ship to create a relationship between the younger generation is not so familiar with Redfern community and the business com- the classics of English literature. No—not munity. We have to realise that you cannot according to Mr Sawyer. English teachers just draw this artificial line around the Block have failed in their task because the Howard to the exclusion of what is happening beyond government was re-elected. After romping that. There are the non-Indigenous residents through a veritable laundry list of left wing and the business community. If we expect to grievances, from industrial relations to refu- fix the problems in Redfern we also have to gees, and from GST to WMDs, Mr Sawyer include those people as stakeholders—as laments that, despite the supposed Dicken- people who have an interest—and make sure sian state of modern Australia, people, in- that they are involved in finding the solu- cluding young students, still voted for the tions. We are not doing any of that. We are Howard government. Mr Sawyer asked the focusing on a geographical area and treating question: ‘What does it mean for us’—that it very differently from what any person in is, English teachers—‘and our ability to cre- this place would expect, irrespective of ate questioning, critical citizens?’ where they live in the country. A cynic might answer that perhaps it Whilst there is a unique opportunity and means it is time to abandon political activism whilst I have read Mr Sartor’s response in in the classroom for the sake of teaching our today’s Sydney Morning Herald, I think that children to read and write. But, alas, I doubt we really do need to recognise that some- that is going to happen. You see, Mr Sawyer thing is wrong, something is amiss. We writes: should not allow this sort of injustice to oc- English for the last ten years ... has trumpeted the cur. If it happens here with Indigenous peo- cause of critical literacy. Critical literacy holds as ple—and I accept that it does not always at- its central premise the education of the student to tract full public community support—it can be able to ‘suss’ out— happen anywhere in the country to any other good use of English— group. If the law is meant to apply equally how they are being worked over—by advertisers, and to be colourblind, the statue of the lady by politicians, by the media. who sits up there with the blindfold has to An activist’s usual response is not to admit make sure it applies here as well. (Time ex- defeat but to redouble one’s efforts. Still, pired) perhaps critical literacy, far from being a failure, was actually very successful and the students were able to ‘suss’ out how they
CHAMBER 104 SENATE Tuesday, 8 March 2005 were being worked over by their English ter himself recently said, ‘In far too many teachers, and thus re-elected the Howard instances I’ve had teacher education faculties government. Be that as it may, I am sure that described to me as quasi-sociology depart- most parents, regardless of their political ments.’ views, are asking themselves at the moment: Our secondary schools are, of course, only is that why we are sending our children to one aspect of the general problem. Universi- school, or indeed to university, as the prob- ties, if anything—and I can speak from some lem of academic bias and indoctrination is in experience—generate even more opportuni- many ways even more pronounced in our ties for the politicisation and indoctrination institutions of higher learning? of students. If I had 10c for every story I So, what is the role of education? Should have heard over the years of lecturers education socialise the young within an ex- preaching to their captive audience on politi- isting culture and offer them the basic means cal subjects unrelated to the course at hand, to succeed in that culture? Or should educa- or of students being marked up or down de- tion give to the young the means to challenge pending on whether their political views and overthrow the existing culture, presuma- agreed with those of their lecturers, I person- bly in order to achieve a better life? Profes- ally would be able to fund several scholar- sor Roger Shattuck, the former president of ships to our top universities. It is time to do the American Association of Literary Schol- something about this problem. ars and Critics, is far from being a conserva- In America, thanks to the initiative and ef- tive, but he answers the question thus: forts of Mr David Horowitz and an organisa- We are overloading education when we ask it to tion called Students for Academic Freedom, reform society, to redesign culture, and to incor- the proposal for a bill of rights for university porate the avant-garde and bohemia in its pre- students is now before 20 state legislatures cincts. In a free society, original and disaffected throughout the United States. The driving minds will always find a platform. The university idea behind the student bill of rights is that need not provide the principal home for political, social, and artistic dissidents. The primary mis- institutions of higher learning should provide sion of a University is the transmission of a pre- their students with ‘a learning environment cious heritage. in which the students have access to a broad Of a fellow academic who uses his English range of serious scholarly opinion pertaining class for ‘unashamed advocacy’ of social to the subjects they study’ and that their edu- reform, Professor Shattuck asks: ‘Shouldn’t cation should be free from political or reli- he be looking for a slot in political science? gious indoctrination by faculty members. Or perhaps he should be running for office?’ One of the provisions of this student bill We could ask the same questions of Mr Saw- of rights proposed by Mr Horowitz is that yer. curricula and reading lists should provide From that point of view, I welcome the students with a broad range of viewpoints— decision by the Minister for Education, Sci- not the current trendy ideas of the post- ence and Training, Dr Nelson, to set up an modernist, left wing, irrelevant diatribe that inquiry into teacher training in Australia. The colours much of the university scholarship in inquiry will investigate all aspects of how we this country. Most of the world has given up teach those who will teach our children, but on this French post-modernism, but, of it hopefully will also focus on some less course, in universities in Australia—the bas- technical aspects of the matter. As the minis- tions of lost causes—it remains. Other provi-
CHAMBER Tuesday, 8 March 2005 SENATE 105 sions are that students should be graded centres, ACM. Shahin was suffering from an solely on the basis of the quality of their auto-immune condition that attacks the eyes. work and not on their political or indeed re- Although an eye test in November 2001 re- ligious beliefs, and that lecturers should not vealed that Shahin was almost blind, he did use their positions for political, ideological, not receive an urgent medical assessment. In religious or anti-religious indoctrination and fact, it was four months until he saw a spe- in particular should refrain from introducing cialist—a delay that ophthalmologist Wil- into classrooms matters which have no rela- liam Ward said cost him his sight in his right tion to the subject of study. Finally, in addi- eye. tion, lecturers themselves should be hired, I am very concerned that a similar case of fired, promoted or granted tenure only on the negligence is happening right now. I am con- basis of their competence and expertise, not cerned that another detainee in one of Aus- because of their personal beliefs—trendy, tralia’s immigration detention centres is cur- fashionable or otherwise. rently going blind because of the department Needless to say, American academics have of immigration’s negligence. Masood Ni- cried censorship and McCarthyism, seem- roomand-Hooseni has been held in immigra- ingly oblivious to the fact that the bill of tion detention for four years. In January this rights does not deny them the right to hold year Masood began to feel unwell, suffering their own views or to teach what they want. cramps, dizziness, headaches, a loss of appe- The bill of rights is about ensuring that stu- tite and constant thirst. Masood reports that dents are not taught from narrow perspec- the medical centre at Villawood detention tives that ignore all others with whom the centre failed to test his blood despite his re- lecturers disagree, and that lecturers do not peated requests and symptoms that would misuse their privileged position as a bully suggest a blood test was necessary. pulpit to propagate their narrow views. As In mid-January Masood collapsed during Professor Shattuck writes, ‘Constant appeal the night and was taken to hospital. The doc- to academic freedom, treated as a special tor at the hospital found his blood sugar level privilege for professors to speak their minds, was very high and, as a result, prescribed neglects the accompanying principle of aca- medication. Later on Masood received an demic responsibility.’ We entrust teachers injection of insulin to reduce his blood sugar and academics with the education, not the levels from dangerous levels. On Saturday, indoctrination, of our children. (Time ex- 29 January, Masood was found on the floor pired) of his cell almost unconscious. He could hear Immigration: Detention Centres but could not see anything. He was dizzy Senator NETTLE (New South Wales) with a terrible headache. At eight o’clock he (7.51 p.m.)—Nearly two years ago the SBS was taken to Liverpool hospital. The doctor current affairs show Insight reported on the at Liverpool hospital dilated Masood’s pupils tragic story of a 14-year-old boy who was and examined his eyes. She said that he had going blind in an immigration detention cen- blood at the back of his right eye and needed tre in Port Hedland. The case of Shahin Ag- to see a specialist ‘first thing Monday morn- dar was a case of extreme negligence on the ing’. part of the Department of Immigration and That was over a month ago, but Masood Multicultural and Indigenous Affairs and the has still not seen a specialist. Masood is very then operators of our immigration detention concerned that he will lose his sight entirely.
CHAMBER 106 SENATE Tuesday, 8 March 2005
He has a new wife and baby outside the de- so concerned about Masood’s condition that tention centre and wants to be able to see his she faxed the minister’s chief of staff on 13 son grow up. Masood has repeatedly re- February this year. When I visited Masood at quested that he get an ophthalmologist to Villawood last week, on 28 February, he had assess his eyes. He has even offered to pay still not had his eyes assessed by a specialist. for the specialist himself. But detention cen- By phone with him again today, I have con- tre management and the department of im- firmed that he has still not had his eyes as- migration have not allowed him to see a spe- sessed by a specialist. I sent a letter to the cialist. Nor, to this date, has Masood had an minister after my visit last week requesting appointment with a specialist in the man- urgent action. agement of his now diagnosed diabetes. Dur- Masood’s case is yet another example of ing this time Masood has complained that his systematic failure by the department of im- eyes are watering a lot and are red and that migration to take its duty of care to detainees his vision has got worse. I understand that, if seriously. I have spoken previously about the he has bleeding in his eye and the blood numerous studies that have found immigra- clots, then that clot will block his vision and tion detention centres to be seriously damag- it cannot be removed. Masood has had his ing people’s health. The quality of health eyes measured for glasses by an optometrist, care for people in immigration detention cen- who correctly told him, ‘I cannot help you; I tres, from Shahin Agdar to Cornelia Rau and can only measure your eyes for glasses. You Masood Hooseni, has been repeatedly ex- need a specialist.’ posed as negligent and culpable. Why does In his 2001 report on immigration deten- the department wait until its negligence is tion centres, the Commonwealth Ombuds- exposed in the media? Why does it have to man said that the department of immigra- be embarrassed into action? Why is it neces- tion’s duty of care is not able to be delegated. sary for my office to badger the minister into In other words, despite a private company getting this man with a potentially serious being contracted to run immigration deten- medical condition a proper medical assess- tion centres, the department and the minister ment? How many tragic cases of medical still bear ultimate responsibility for the negligence behind the razor wire go unre- health and safety of all detainees. There are ported? many questions to be asked and answered It is becoming increasingly clear that the about the competence of Global Solutions treatment of Cornelia Rau was not a one-off Limited to run Australia’s immigration de- mistake but endemic in a system that is fail- tention centres. Last week the BBC exposed ing to respect human dignity and basic hu- racism and brutality in Britain’s immigration man rights. Mr Dick Smith, after his recent detention centres run by the same company. visit to Baxter detention centre, said it was The department of immigration cannot ‘one of the most oppressive places I’ve ever claim ignorance in the case of Masood. On 4 been to.’ Retired Air Marshall Ray Funnell, February, Masood’s solicitor left phone mes- who is a member of the government’s Immi- sages for Richard Battersby, the department gration Detention Advisory Group, said the of immigration’s manager at Villawood de- government had ignored repeated requests to tention centre, and sent a fax outlining his properly research the mental health of de- concerns. Nor can the minister claim igno- tainees. rance. Francis Milne, a church worker who regularly visits detainees at Villawood, was
CHAMBER Tuesday, 8 March 2005 SENATE 107
Immigration detention is supposed to be themselves and this country—a shame that for administrative not punitive purposes. It is Australians ill deserve. becoming increasingly clear that immigra- International Women’s Day tion detention is being used to punish people Senator MOORE (Queensland) (7.59 who have not committed a crime. Last Fri- p.m.)—Today, on International Women’s day I was present at a dinner where Julian Day, I want to talk briefly about a centenary Burnside QC revealed that Andrew Kirk, the celebration that we are having this year in minister’s former chief of staff, had admitted Senator Santoro’s and my state of Queen- to him at the dinner that aspects of immigra- sland—the centenary of women achieving tion detention were indeed being used as the right to vote at the state level. In January punishment. Julian Burnside outlined Mr 1905 legislation was passed in Queensland to Kirk’s comments that punishment without extend the right to vote to women. To our the order of a court breaches the constitu- communal shame, that did not include all tional separation of powers and that the use women. Indigenous women, as with all In- of solitary confinement as punishment is digenous people, did not receive the right to unlawful but that the government would vote and be full citizens until the 1960s. keep doing it until a court told them to stop. I believe that this is a further indication that That achievement in 1905 is one of which the department of immigration is a depart- we are very proud and which we must re- ment out of control, risking and damaging member today, International Women’s Day. people’s health. But it was not graciously given. The myth that somehow people woke up on that morn- Too many questions from too many quar- ing and said, ‘Now is the right time to give ters have been raised about the conditions in women the vote,’ is just that—a myth; it is immigration detention centres for the gov- not factual. Before 1905 there were years of ernment to brush away these concerns. There struggle, debate and negotiation across the must be a public judicial inquiry into Austra- whole state. Women and men understood that lia’s immigration detention centres. If noth- the right to vote was an intrinsic part of be- ing else, the unease on the government back- ing a citizen, but they were not all the same bench should signal to the government that kind of people. enough is enough. The government should heed the call coming from its own backbench I think that one of the things this celebra- to offer an amnesty to all those currently tion year should bring home to all of us is locked behind the razor wire. But it is not that the people who were struggling for the because the continued cruelties of our immi- right to vote were just like you and me. They gration detention centres are fast becoming a lived in their community and gathered political liability that the minister should be around a cause. Very often the people who announcing an end to the immigration deten- were seeking the vote were the same people tion centre regime; this regime should be who were fighting the other issues of the day. closed down because it is manifestly illegal, Industrial rights were really important in immoral and inhumane. While this govern- Queensland at the time. Emma Miller was a ment continues to rob the lives of these trade union woman who was strongly in- young families, men, and women, and while volved in looking at equity of wages, work- they continue to allow neglect, mismanage- ing conditions for women and also the issues ment and even abuse, they bring shame on at that time around peace. Emma was a long- term peace activist. Other women in the
CHAMBER 108 SENATE Tuesday, 8 March 2005 struggle, like Leontine Cooper, looked at bate; it never goes away—is the open medi- women’s right to have a safe home and at cal right of women to choose. In 2005 one issues of education. There was no such thing would have thought that there would be open as a typical woman activist. At least two acceptance that fair, achievable and accessi- groups were formed because they did not ble medical choices should be available to all agree on many things. citizens—men and women. Certainly one of One of the real shames is that we have not the issues that we have supported in the long kept our history, so it is very difficult to find term has been that of strong family planning the records of the meetings that occurred and women’s health centres being available across Queensland from about 1890 through across all parts of our country. to the success in 1905. It would be wonderful I want to talk particularly about Queen- to see what was recorded, what kinds of de- sland tonight because, as I said earlier, it is bates occurred and the kinds of people who such a wide, decentralised state. If we are came to those meetings all across the state. going to be talking about effective women’s At the time, Queensland, as now, was a health centres which provide appropriate deeply decentralised state. There were large advice about reproductive health, sexual towns all across the north and to the west health and the different things that families because of the pastoral and gold rush peri- and women need to know, we should be ods. The people who were seeking the right making sure that they are not just available to vote travelled across the state, not with the down the east coast or in the capital city but ease and comfort of today, but by dray and that they are resourced and effectively placed by train. They talked to communities on the all through the state. It does not matter where back of the drays and in public places and you live, you should be able with privacy, agitated for things as important as the right importantly, and open choice to attend doc- to vote. tors and medical support practitioners who Those women and their male supporters at can talk with you in a sensitive, informed the time must look from wherever they are way so that all kinds of choices are open to now at what is happening in our parliaments you. in the state and across the whole country. Way too often this debate becomes fo- Women have had the right to vote for 100 cused on the issue of terminations of preg- years and, at the state level in Queensland, nancy, but it is much wider than that. We they have had the right to stand for parlia- should not run away from the debate about ment since 1915. The question now is not abortion, because that agenda is there and we whether we have the right to be here but need to ensure that women’s voices are what we are doing now that we are here. At strongly heard. But not all people think the this time I want to make a couple of brief same way. In the same way that in 1905 peo- comments and applaud the speech we heard ple had strongly different opinions on a earlier this afternoon by Senator Ferris. Now whole range of issues, now in 2005 we have we have many of the same issues around the same range of opinions in all kinds of education, industrial rights and pay equity. movements. What really concerns me and But I want to talk about health and choice, makes me frustrated is that, when we get to because one of the issues that is getting more the discussion of women’s right to choose, currency at the moment than it has for a mutual respect is lost. It is seemingly impos- while—it is always there waiting for the de- sible, from my experience, for people to sit down and have a reasonable discussion about
CHAMBER Tuesday, 8 March 2005 SENATE 109 different positions on this issue. Emotions, ity, the understanding and the professional- religious backgrounds and cultural positions ism to accept that women have the right to intrude on the debate and people are targeted, choose—the right to choose the doctors who marginalised and not treated with respect. I will give them the support they need—and would have hoped that by 2005 we would that they would expect that their fellow citi- have learned the ability to debate and to con- zens accept that they have that right and not sider the feelings of others without degener- limit themselves to personal, vicious and ating into the kind of passionate attack which hurtful attack. I also defend people’s rights to seems to particularly colour issues around make that choice without being labelled pub- termination of pregnancy. licly and without having their privacy com- My hope would be that in 2005, with the promised by people checking on what ap- legacy of the people who struggled to propriate mechanisms they had taken before achieve the vote and the right of people to be making the decision with their doctor. in places like this, we would be able to un- In 2005, we have earned that right and we derstand people’s values, to talk and listen have earned that respect. When I think back and to have appropriate debates. In 2005 I to the women who were working across would expect any woman in this country to Queensland leading up to the 1905 decision be given the respect to make up her own about the vote, I believe that they would ex- mind on all issues to do with her own medi- pect that the sisters in 2005 would have that cal health. Effective and professional health right and freedom and would not have to services always have to be provided. But by keep up this battle as we lead into the second now I would have hoped that we would be century of the right to vote and stand for par- able to have this discussion in a medical con- liament. text rather than having a personal debate in National Sea Change Task Force which things often end up being said that Senator SANTORO (Queensland) (8.09 attack people and not their beliefs. p.m.)—Tonight I wish to speak about a very As we celebrate in 2005 and as we cele- serious challenge that faces Australia. It is brate on International Women’s Day, I think the challenge of the so-called sea change that we can look at the achievements across phenomenon. This is something that is creat- our history. We have had people who have ing tremendous difficulties for local govern- been able to effectively operate in parlia- ments in coastal areas—the areas we all like ment, take on professional careers, access to visit on day trips, spend time in on holi- education and in many ways feel confident in days and some of us look towards as retire- their lives. But somehow, when it comes ment homes. down to this issue of personal choice on Late in February, I attended a lunch organ- medical issues, we lose that freedom and we ised by the Property Council at Mooloolaba lose that respect. in Queensland. The Sunshine Coast in my In 1905, I do not think they openly talked home state is a typical sea change commu- about the issue of women’s medical health. nity. Like other places in Queensland and in They certainly did not have women’s medi- other states, it is clearly under very great cal centres. Unfortunately, as we heard ear- pressure from the influx of people—visitors lier from Senator Ferris, in the 1960s that and settlers alike. New settlers place tremen- option was not available either. I would ex- dous pressure on the infrastructure and ser- pect that in 2005 we would have the matur- vices, and of course short-term visitors do
CHAMBER 110 SENATE Tuesday, 8 March 2005 not directly pay towards that infrastructure’s broadly duplicated in many, if not most, sea maintenance and development. The Gold change communities. Coast, another Queensland icon of tourism, Last October, Mayor Natoli spoke at a faces similar problems, about which I have conference in Western Australia that was spoken in this place before and about which I attended by none other than you, Mr Acting will speak again in the future. Deputy President Lightfoot, my friend and Tonight in the parliamentary precinct are colleague. Mayor Natoli made an eloquent some of the Gold Coast’s leading citizens, plea for national action to protect coastal and I would like to acknowledge their pres- communities, to provide them with adequate ence in this place. We welcome scrutiny of funds to meet growing infrastructure needs, the representative democracy in action and I and to plan properly on a regional basis for say to the Senate tonight that the Gold Coast population growth that is sustainable both deserves your interest and close attention in economically and in terms of the environ- relation to the sea change challenges which ment. In many ways, confronting this prob- also confront that wonderful part of Queen- lem and dealing effectively with it is a true sland. test of Australian federalism, both in terms of At the lunch to which I just referred, the its capacity to reflect regional realities and speaker was the Mayor of Maroochy Shire, meet the separate needs of diverse and Councillor Joe Natoli, spokesman for the widely scattered communities and in terms National Sea Change Task Force that has of its ability to react within the heavily struc- been set up by coastal councils around Aus- tured three-tiered system of government. tralia. Mayor Natoli is an able advocate not Federalism itself, as an element of how we only for his own region—his shire is one of a govern ourselves, is another matter on which group of three local government areas that is I intend to speak out at another time. In rela- home to 265,800 people—but also for the tion to the sea change phenomenon, we have urgent need to find some way to cope with got to find an answer. There is a lot of argu- the sea change issue. Thirty per cent of the ment in our political system over responsi- Sunshine Coast’s population lives within bilities. But there is one clear responsibility only one kilometre of the coastline and 60 in this case, and that is that the states must per cent lives within five kilometres. In the make and pay for the infrastructure commit- year ending June 2003, population growth ments that are vitally needed in sea change was more than 10,160 people—that is 3.8 per communities. The states encourage tourism cent. Some idea of the pressures on the Sun- and population shift and their local econo- shine Coast can be seen from the statistics on mies benefit from this through the GST on land supply: 1.2 per cent is considered suit- consumption spending by tourists— able and potentially available for urban resi- estimated at $60 billion in 2003-04—and by dential development; 1.6 per cent is consid- new residents and from land and other state ered suitable and potentially available for taxes. It is their responsibility to help create lower density development; 2.2 per cent is workable communities. already developed; 8.3 per cent is allocated The federal Treasurer is absolutely right to road casements, railways and water- when he says that the states are not spending courses; and 86.7 per cent is considered not their GST funds in a responsible manner. As suitable and/or not available for residential honourable senators know, this is the very development. These statistics would be very point that I have been making in this cham-
CHAMBER Tuesday, 8 March 2005 SENATE 111 ber ever since I entered the Senate in 2002. The National Sea Change Task Force has The Commonwealth has its own responsibili- published a paper that makes very interesting ties aside from that of ensuring the states reading and also some very good points. have access to a growth source of discretion- These are supported by studies being under- ary spending. taken by a team at the University of Sydney, In relation to transport infrastructure, it which has also produced an interesting paper. rests in the AusLink program that is spending I commend both of these documents to hon- $11.8 billion—a $3.6 billion increase—on ourable senators and I seek leave to table a land transport nationally, including a massive copy of each of them. upgrade of Australia’s east coast road and Leave granted. rail systems. The Roads to Recovery and Senator SANTORO—One of the argu- Black Spot programs directly fund local ments put forward by the National Sea government. This year under Roads to Re- Change Task Force is that the sea change covery local councils will get $253.1 million phenomenon is so important that it really to spend on local road priorities alone. In the requires special advocacy within govern- four years from 2005-06 to 2008-09, a fur- ment. I agree, and I intend to pursue with ther $1.2 billion will be provided—$800 mil- colleagues the matter of having a specific lion directly to local councils for local road reference to sea change within the Com- priorities and $400 million available to monwealth and state ministerial portfolios councils on a competitive basis for projects covering local government. How we meet of regional strategic significance. These are the challenge of sea change as a national projects which will strengthen regional eco- community is something that I believe re- nomic and social opportunities but are be- quires concentrated effort at all levels of yond the boundaries or financial capabilities government and in the communities most of individual councils. affected. The states must pull their weight too in- Coastal area growth has clear national im- stead of just passing the buck to the Com- plications. It impacts on the environment and monwealth and undermining their own con- must be managed with that in mind. That is stitutional validity in the process. Local gov- primarily a Commonwealth responsibility. It ernment should not be the poor cousin, espe- impacts on transport infrastructure and in the cially when it has to deal with the effects of provision of services that are within the remit regional and national population movement. of the states. It heavily impacts on local traf- Local governments are subordinate authori- fic and utility services that are local govern- ties to state governments. That is as it should ment responsibilities. We need to address be. But local governments should have the these difficulties with a single agreed out- most powerful voice possible within their come in mind. As environmental technology states and, as the essential third tier of gov- advances, as it inevitably will, we can expect ernment, local governments deserve to have that it will become possible to cope with lar- direct advocacy access to the Common- ger populations in all but the most fragile of wealth. our environments. That is, in essence, the The Australian Local Government Asso- whole story of human advance since the ciation is a very able advocate and a power- Mesopotamians began farming and, despite ful voice, and quite correctly it is represented the efforts of the Greens to argue otherwise, on the Council of Australian Governments. the clock only moves forward. We must
CHAMBER 112 SENATE Tuesday, 8 March 2005 work out financial and governmental mecha- key role being played by Northern Territory nisms that actually put the money that is based soldiers in Australia’s defence com- needed into the hands of those who actually mitments on foreign shores. The soldiers have to do the job. That may mean that we from the Top End have travelled to a number need to experience a sea change of a differ- of countries to act on Australia’s behalf in ent sort: one that will deliver us from the strategic operations overseas. We have 114 interminable arguments over cost shifting— Territory based soldiers of the 1st Brigade invariably downwards—and the resulting serving in Malaysia as part of Rifle Com- disputes over political responsibility. pany Butterworth. We also have 67 soldiers When I attended that Property Council in Iraq taking part in Operation Catalyst. lunch at Mooloolaba last month, I did so, I Closer to home, I would like to specially frankly admit, not fully realising the urgency welcome back from Banda Aceh 100 combat of dealing with a phenomenon that, when I engineers from the Darwin based 1st Combat thought about it afterwards, I had myself Engineering Regiment, who have been pro- experienced over many years of holidaying viding humanitarian assistance in Banda on the Sunshine Coast. It focused my mind. Aceh. I understand they are due to return There is a lot more to be said about sea home today from tsunami relief efforts in change communities and how they deal with that heavily impacted area. By all accounts, the problem that the Australian community the soldiers involved in Operation Sumatra as a whole has presented them with. There is Assist have performed their duty in an ex- the issue of effective funding for works that emplary fashion. I am sure the way they have must be done. There is the issue of lifestyle performed their duties will make both previ- and change—often rendered in shorthand as ous and future generations of Australian dig- developers versus greens. There is the urgent gers proud. In fact, all Australians should be issue of funding and implementing a national very proud of the task they have performed. strategy to protect assets for the future. There This was not a task that was performed in is the issue, noted by the tourism lobby, of normal circumstances. You can imagine the the fact that local governments are simply horror these young men and women walked not equipped to service visitor numbers. Fi- into. We have seen some evidence on the nally, there is the issue of how all these television, and we have read about and seen things should be managed politically and photos in the media of the sorts of circum- governmentally. These and other matters will stances they would have been working in. benefit from being raised at the ministerial Coming from Darwin, I am used to working council to be held in June and at a workshop in the hot tropics. They would have worked planned by the task force in July on the Sun- in very difficult circumstances. There were shine Coast. The National Sea Change Task huge amounts of debris. Communities that Force has put a weighty agenda in front of they were assisting effectively would have the people of Australia. I would suggest that had no access to sewerage, septic facilities or it deserves our deepest consideration. fresh water. Fresh water was one of the most Australian Defence Force: Personnel important aspects. Because they are a combat Senator SCULLION (Northern Territory) engineering division, they would have had (8.18 p.m.)—Without diminishing the role of the capacity to put in place water purification the Defence Force personnel from other parts plants and the like to alleviate some of the of Australia, I rise tonight to highlight the most important concerns. Having purified water when there is no other water available
CHAMBER Tuesday, 8 March 2005 SENATE 113 is a critical issue. The temptation to drink take the mission that they have been asked to from other sources of water can lead to the undertake. I would like to put the Leader of spread of diseases, such as cholera, and those the Opposition’s mind at ease. Before he sorts of issues. Some 4.7 million litres of made these derogatory comments about our clean water was created over the period of brave young men and women who go to ser- time that the engineering regiment was in vice Australia’s concerns overseas, he should Banda Aceh. have made the effort to travel to Robertson There was 9,000 cubic metres of debris. Barracks to talk to the brigadier, to meet Some quick maths will tell you that that is these men and women, to have a look at the about 3,000 tonnes of debris. Much of this sorts of circumstances in which they operate debris was not shifted with bulldozers. When and to then consider their state of readiness. these people first went there, this was pick If a journey to the most beautiful place in the and shovel work, carried out in the sun and world, the Northern Territory, is a bit much in the most horrific conditions. These men for him, he could simply seek a brief from and women have done an absolutely out- the minister’s office, because that is readily standing job. The efforts of the Territory available to both sides of parliament. based Army engineers embody the spirit— When I visited 2RAR, 2nd Cavalry Regi- born of Anzac—of pushing on in the face of ment, I watched these soldiers train. I have adversity. It did not matter how bad the con- spoken to them about their state of readiness. ditions got; these brave men and women put I have spoken to the officers that are leading their shoulders to the wheel. They should the task force. Not only is the task force well make every single Australian proud. I wel- on track and ready to deploy; their training is come the diggers home and congratulate the very best in the world. I am absolutely them on a job well done. certain that they will make all Australians I have had some concerns recently about extremely proud with the wonderful job that those who have questioned the readiness of they are going to do and the wonderful con- 1st Brigade—again, from the Northern Terri- tribution that they are going to make. In a tory—to deploy a 450-strong task force to Al matter of weeks now, 1st Brigade will be Muthanna in Iraq. Those questions are leaving for the Al Muthanna region and is clearly misinformed. I have some concerns going to be as well prepared as any military about the source of some of that information. unit can be. I know Kim Beazley said something on this The soldiers I spoke to told me: ‘I have today. This man has form. As I recall, he had come back from Iraq. I have some language a fair bit to do with defence in previous itera- skills; I have some good cultural connec- tions. He was the Minister for Defence for a tivity.’ Most importantly, they are about to go large number of years. One would think that into a cycle at the combat training centre. I he would understand very clearly the capac- have participated as part of the Australian ity of 1st Brigade and their capacity in an Defence Force parliamentary program in that operational area. He should not be making excellent process. They are put on country. the sorts of outrageous comments that were There are no surprises for these people. attributed to him. When they go into the cycle of the combat Mr Beazley said this morning that he has a training centre, the expectations are that peo- real concern about the way in which troops ple will speak English, that people will not are being equipped and supported to under- steal their gear and that the centre will pro- vide opportunities for experiential learning
CHAMBER 114 SENATE Tuesday, 8 March 2005 that they would not get anywhere else except not going to cut and run—despite the sugges- in an operational sphere. The soldiers that tions of those on the other side. We have a come out of that process are second to none. responsibility at this critical time—and the There is no higher state of readiness. Prime Minister referred to it as the tipping Reading what was said by the Leader of point—to provide the assistance. It is not just the Opposition, I am supposed to assume that helping someone out. It is not a handout; it is we are ill equipped. Perhaps he is referring to a hand up. We are helping people with criti- the 40-odd ASLAVs that will go with those cal training so that they can take their affairs men in the deployment. They have shown in hand. That is the sort of help we are pro- their metal on the battlefield in action in re- viding. I say to the newest democracy: cent times and have been shown to be the ‘When you’re mates with Australians, you’re very finest. We continue to work at upgrad- mates whether the going gets tough or oth- ing those systems. We now have turret-down, erwise. We’ll be there through thick and thin, cap-down services whereby the .50 calibre or as we have been since the formation of An- the 20 millimetre gun can be brought to bear zac. We are not going to back off on this, and activated without having someone’s despite the criticism from others.’ scone sticking out of the top of the ASLAV. This deployment is particularly important These are great innovations. We are continu- because it looks after one of our key allies in ing to improve that. We have ballistic vests the Asian region. Looking after the Japanese around the inside of all the ASLAVs. They and looking after that region is an investment are being fitted prior to being deployed. We in developing that regional partnership. I am are providing them with the very best. I think very proud to have fine young people living it is an absolute shame that the Leader of the in the Northern Territory and I want them to Opposition should have so little concern for know that their families have my full support the men, women and soldiers that are going and that of this government for the duration over there and their families as to make such of this deployment and beyond. an outrageous, misinformed statement about The ACTING DEPUTY PRESIDENT the process. (Senator Lightfoot)—Thank you for your The Australian government do not send words. I was the only politician in Iraq dur- the sons of this nation into potential harm ing the momentous occasion of the election. unless we are absolutely sure that they have Abortion the very best equipment and the very best Senator CROSSIN (Northern Territory) training. We are in a position to help, and it (8.28 p.m.)—I rise tonight to provide a con- is our responsibility to lend a hand. I, like tribution to a debate that has been going on every other Australian, was absolutely not only for the last 12 months but for many thrilled to bits to see the birth of the world’s decades in this country. It has been rehigh- youngest democracy. I am so proud of the lighted in the last few months. I have chosen role that Australian soldiers played in that. International Women’s Day to put on the Can you imagine going to the election when public record my views about the matter of 30 of your mates get shot on the way there? abortion. I want to begin by saying that I Sixty per cent of Iraq turned out, under fire, come from a family of very strong women— to go and create that democracy. I had two very strong grandmothers and a It is difficult in Iraq. Nobody resiles from very strong mother—who certainly do not that. But, just because it gets tough, we are resile from their principles and who have
CHAMBER Tuesday, 8 March 2005 SENATE 115 always upheld strong beliefs in a range of women. We have choices about body image, matters. I have to say we are never shy petals choices about our sex lives and choices about in putting forward these beliefs. I have bred reproductive health. I think the recent debate three wonderful women in Melinda, Amanda about abortion hides behind the concern that and Kate, who I know will follow in the more information is needed. We have had footsteps of my grandmothers. They, too, people in this parliament tabling questions have never been too backward in saying on notice, as they are quite right to do. We what they think about a particular issue. I am have had people suggesting that more statis- very proud of that and could probably at tics ought to be kept. But what I believe times be accused of encouraging it. really seeks to push the agenda is a sense of I think it is the strength of your family in- others trying to impose their morality on heritance and a sense of purpose which women’s rights—to move women’s rights brings particular people to this parliament. and their right to choose off the agenda. It is For me, one of the issues in coming to this an attempt to limit the choices that women parliament was that there was a need to raise have and to take control over what a woman the issues associated with the legislation and should decide: what is best for her, both the deliberations in the federal parliament mentally and physically. To suggest that a that affect women. The issue of abortion is man should tell me, as a woman, what I an issue central to women and highlights should and should not do when it comes to why quite a number of us are here. how I regulate my body in terms of its physi- cal or mental wellbeing is something I find I know that Senator Moore spoke earlier offensive, and I do not agree with it. I know about Senator Ferris’s speech in the chamber that 81 per cent of Australians actually sup- this afternoon. She spoke about International port the right of women to have that choice Women’s Day. Senator Ferris started that and in fact support the right of women to speech by making a comment about spiders choose to have an abortion if they want to. and the fact that there was a matter of choice. In this country there is choice for a whole Let me spend some time putting some range of citizens. It is a signal of our free- facts on the table. Abortions can be per- dom and of the opportunity that we have in formed in public hospitals, private hospitals, this country. We have choice in a whole day clinics or doctors’ surgeries—in other range of areas. We can choose whether to words, in private clinics. We know that, if an smoke or not to smoke and whether to take abortion is performed on a public patient in a drugs or not to take drugs. We can choose public hospital, there is no Medicare rebate what school we want to go to and what payable and the data on the total number of school we do not want to go to. We can abortions performed will only be available if choose what doctor we go to and what doctor the public hospital or state government re- we do not go to. But women, particularly, leases it. If an abortion is performed on an have a very special choice: whether or not admitted patient in a private hospital or on an they have a child. admitted private patient in a public hospital then the patient may be eligible for a Medi- The status report on women which was care rebate equal to 75 per cent of the sched- tabled today, which Senator Patterson ule fee. There are two Medicare item num- launched at lunchtime, outlined some of the bers which relate to procedures that can be choices and responses that people have about used for abortion. Procedures to which these these areas. Of course, it was a report about two items relate are also used for other pur-
CHAMBER 116 SENATE Tuesday, 8 March 2005 poses, such as dealing with the consequences But I think we ought to look at who has an of a spontaneous miscarriage. There is no abortion these days, and why. What we can way of telling from the Medicare data what tell from the statistics, surprisingly enough, the purpose of the procedure was. is that most abortions are performed on the According to Parliamentary Library re- 25 to 34 age group. The past decade has seen search, from information received from the a dramatic ageing of the average abortion Department of Health and Ageing, private patient. The proportion of Medicare funded health insurance legislation and regulations abortions done for teenagers has actually do not make specific reference to pregnancy fallen by 12 per cent. The proportion of pa- terminations. It is a condition of registration tients over 35 rose by 37 per cent. In every that private health insurance funds must pro- year since 1995, abortion patients have been vide coverage for all items on the schedule more likely to be over 35 than under 20. In of Medicare benefits as long as they are per- other words, what we are seeing is a trend formed in registered hospitals or day centres. towards older women, rather than teenagers, The federal government does assist with the having an abortion. Data from Sydney, for funding of abortion in four ways: it pays example, shows that the number of abortions Medicare rebates, it funds the Medicare for women over 40 increased 250 per cent safety net, it funds the private health insur- between 1992 and 2002 and that an abortion ance 30 per cent rebate and it makes a Com- patient was 40 per cent more likely to be monwealth contribution to the funding of married or in a de facto relationship in 2002 public hospitals. than in 1992. I think they are some interest- ing statistics that, if I have time, I will come How many abortions are there? As far as back to. we know, only South Australia collects com- prehensive data. We do know, however, that We also know that in all states and territo- the number of Medicare rebates for the two ries, except the ACT, the practise of abortion procedures that can be used for abortion is is regulated through the relevant criminal often used publicly as if it is the number of code. Of course, in the ACT it is in the health abortions. However, this number gives an code. The procedure is not regarded as illegal inaccurate picture. The procedures are used if it is undertaken to protect physical or men- for purposes other than abortion. The Medi- tal health. We know that access to safe abor- care rebates do not apply to public patients in tion has reduced the high rates of women public hospitals. One study has indicated that suffering negative outcomes. Before 1971 up to 10 per cent of women who would be abortion was a major cause of maternal eligible for a Medicare rebate for an abortion deaths in Australia. The World Health Or- do not claim—presumably because of an ganisation reports the risk of maternal death extreme sensitivity about confidentiality. from unsafe abortion is 100 to 500 times Also, these Medicare items are not used for greater than the risk under safe conditions. third trimester abortions because the proce- The impact of limited access to abortion dures are not suitable. In 1996, the NHMRC through Medicare will have major implica- stated that around one in every four known tions. Fewer women will be able to afford pregnancies in Australia is terminated. That the procedure and statistics show us that that is down from one in every three pregnancies will lead to more maternal complications. in the 1930s. Of course, that was when con- We have a responsibility to ensure that traception was not readily available. there is equal access for women to all proce- dures in our health system. We should not
CHAMBER Tuesday, 8 March 2005 SENATE 117 provide a gateway of morality. Women have and confusing. The Howard government and a right to control their body and we, as a par- successive ministers for defence, including liament and as legislators, should support Minister Hill, have plainly failed to carry out and respect this. Women make decisions their responsibilities to remedy what was an about their fertility, planned or unplanned unacceptable and unauthorised action by pregnancies, regardless of their situations, DIO officials. I refer specifically to Lieuten- their views and their beliefs. They know their ant Colonel Collins’s original allegation, situation, they know their beliefs and some- which has now been proved to be correct by times the decision is not an easy one. But we the current Inspector-General of Intelligence should ensure that what we are doing is actu- and Security, Mr Ian Carnell, that in 1999 ally supporting those women who choose to DIO officials deliberately withdrew access make that decision. We should have a look at by Australian Defence Force staff in East the current debate. We should question Timor to a DIO intelligence database. whether or not we provide enough sex edu- This action was taken without proper au- cation in our schools, whether we fund fam- thorisation. Apparently neither the secretary ily planning clinics adequately and whether of Defence nor the Chief of the Defence or not we should all be pushing an agenda Force were consulted. The DIO action was that removes the abortion procedure from the taken without reference to our deployed Criminal Code and moves it into the health forces and without reference to Headquarters code, where it really belongs. (Time expired) Australian Theatre, the headquarters respon- Lieutenant Colonel Lance Collins sible to administer our deployed forces over- Senator CHRIS EVANS (Western Aus- seas. The cut-off was sudden and without tralia—Leader of the Opposition in the Sen- warning. In short, the action was approved, ate) (8.39 p.m.)—Both sides of politics sup- initiated, monitored and restored by DIO port and applaud the contribution and sacri- officials. Sanity eventually prevailed. Let fice that our defence personnel make towards there be no doubt, this was a significant dis- Australia’s security. Our people are of criti- ruption with the potential to damage ongoing cal importance to our defence efforts, and operations in East Timor and to hamper every endeavour should be made to ensure planning for future operations, particularly the highest of standards in the management along the border between East and West of our defence people. Labor expects that, Timor. when there is a breakdown in management In 1999 tensions between Indonesian practices, the Minister for Defence will take armed forces and INTERFET forces in timely and remedial action to fix the prob- Timor were real, not imaginary, and Austra- lem. When no corrective action is under- lian lives were at risk daily along the border. taken, Labor will unreservedly pursue the These were warlike operations necessitating government and the minister to remedy the the fullest support the nation could provide. situation. Our national security demands no The safety of our troops was at threat. The less. loss of access to crucial intelligence informa- That is why the circumstances surround- tion was without precedence. Fortunately a ing the two official investigations by succes- tragedy did not eventuate, but access to that sive inspectors-general of intelligence and database was deliberately denied to our mili- security into an allegation by Lieutenant tary forces for some 26 hours. An incident Colonel Lance Collins remain bewildering was hidden from the Australian people until last year, nearly five years after it occurred,
CHAMBER 118 SENATE Tuesday, 8 March 2005 when documents relating to Lieutenant sulted ‘from technical problems rather than a Colonel Collins’s redress of grievance were deliberate decision’. Lieutenant Colonel published in the Bulletin. Collins knew this was wrong. During the Lieutenant Colonel Collins has been period of no access, he had received an email wrongly pilloried for his actions and derided from the Canberra based DIO project office for the allegations in his redress of griev- managing this particular database stating that ance. His career has no doubt been adversely the loss of access was ‘not a technical matter affected. He was, nonetheless, finally proved but a DIO policy decision’. Therefore others correct on the deliberate nature of the loss of knew Mr Blick’s conclusion was wrong. access, but it took courage and perseverance Alarm bells should have been ringing in to continue to raise the incident within a bu- the highest echelons of the Department of reaucracy that was far from sympathetic. Defence, within Army headquarters and, Lieutenant Colonel Collins, of course, was most importantly, in the offices of successive the senior intelligence officer in East Timor. ministers for defence that something had He had been personally involved in the inci- gone terribly wrong. To remedy this appall- dent. Some might say his actions as an intel- ing wrong, Lieutenant Colonel Collins now ligence officer were the cause of what hap- had only one course of action available to pened, but for five years his allegation was him: to write to the Prime Minister, which he mocked and scorned for reasons that still did in 2004. His letter was also published in remain hidden. the Bulletin. It said: In December 2000 he wrote to the then During those five years, we saw the Prime Minis- Minister for Defence, John Moore, on a ter, Minister Hill, the Secretary of Defence and number of matters, one of which was to seek CDF Cosgrove publicly declare at different times ministerial action to remedy the deliberate that the loss of access was from technical reasons blocking of access to intelligence data. The and was not deliberate. minister referred the matter in the same But it took additional inquiries for Mr Car- month to Mr Bill Blick, the then Inspector- nell to discover that that was plainly not the General of Intelligence and Security. Time case. Indeed, through questioning Mr Carnell passed. In the absence of a response, Lieu- during the recent Senate estimates hearings, tenant Colonel Collins wrote again in 2001 he indicated that he found it necessary to to the Minister for Defence, then Peter Reith, interview some 15 witnesses, three of whom who requested an update from Mr Blick. A were important DIO officials who had not year passed and in despair he submitted his previously been interviewed, and to arrange redress of grievance, which became bogged for technical checks of the relevant DIO ser- down in a complicated system of additional vice and communications links to confirm investigations and administration. the new information from the additional wit- nesses. These notorious administrative shortcom- ings have generated a Senate inquiry into the As a result of these initiatives, Mr Carnell effectiveness of the military justice system, was able to establish that the loss of access and I hope that the committee’s report will was a deliberate act undertaken within DIO. be completed soon. Eventually, Lieutenant Mr Carnell also confirmed that he was able Colonel Collins received an edited version of to ‘ascertain who did the transactions and Mr Blick’s report in July 2003, which stated who gave that person the direction to do it’. I that the loss of access to the database re- appreciate that Mr Smith, the Secretary of the Department of Defence, is presently
CHAMBER Tuesday, 8 March 2005 SENATE 119 overseeing disciplinary and administrative punish those responsible and to ensure that actions in respect of Mr Carnell’s conclu- similar actions were not possible without the sions. Once Mr Smith has satisfied natural necessary authority, checks and balances. justice requirements for those so named in One might have expected departmental offi- the report, Minister Hill has indicated that he cials to be immediately involved in all those will then be in a position to consider the re- actions, not only to discover who authorised lease of Mr Carnell’s report. It is comforting denial of access but also to discover under to note that Mr Carnell has made the task what circumstances access was restored. easier for the minister because he drafted the What is so disturbing about the incident is report with a public release in mind. the difference in the conclusions between the The release of the report is important be- two IGIS investigations. Such a profound cause it satisfies the notion of natural justice difference begs the questions: why was this and fair play for Lieutenant Colonel Collins. the case and was there a cover-up? These are He has wrongly suffered for five years. It legitimate questions. Clearly, Mr Carnell and also satisfies the requirement to correct bad the minister are in a position to identify who management practices in DIO that permitted authorised the cut-off and who undertook the this mess to occur. DIO has, as its publicised actions within DIO to limit access. The pub- task, to provide all-source intelligence as- lic has a right to know how these actions sessments in support of ‘the planning and were authorised without reference to the conduct of Australian Defence Force opera- minister, the CDF and the secretary of the tions’. The task is unambiguous—the provi- department. sion of intelligence assessments for the ADF. At least one would have expected that the So how could DIO officials withdraw that CDF, who is the commander of the ADF, support without proper authorisation? should have been involved in the decision I have heard a number of officials state making to withdraw access to the database. that the loss of access did not place our What is even more disturbing is the role of troops in danger because access to other da- the director of DIO in this episode. The di- tabases was still available. What tripe! Does rector has apparently been found not to have this government condone the concept of authorised the cut-off, but he was found to handicapping our troops in the field, or is the have been implicated in the resumption of behaviour of this government about making access. The public has a right to know why sure our forces overseas have the very best the director imposed new conditions on the that the nation can provide? Our forces Australian intelligence staff in East Timor in should be given every support to carry out using the information from the database be- their mission and not be hampered by deci- fore access was restored. What right did the sions taken in Canberra within DIO by offi- director have in imposing these new condi- cials not authorised to do so. tions? How long did this take and was the One might have therefore expected that removal of access a means to impose these remedial action would have been speedily new conditions? undertaken once knowledge of the loss of It is now widely understood in the defence access became known. One might have ex- community that action was taken to deny pected at least one of the three ministers for access after a meeting in the director’s of- defence involved in this fiasco to demand fice—a meeting which involved the director explanations, to seek corrective action, to and the same three DIO officials who were
CHAMBER 120 SENATE Tuesday, 8 March 2005 not previously interviewed. (Extension of rassed the Howard government. The leaks time granted) Mr Carnell has already con- were so extensive that an AFP search warrant firmed that the context of that meeting is was later issued to seek out those responsible addressed in his report, but there is more that and to close down the leaks. Lieutenant is hard to comprehend. If the director, on Colonel Collins’s name featured so promi- hearing of the loss of access, did not take nently as a dissenter in the DIO world that immediate action to correct the situation then his name appeared—wrongly, I might add— his lack of action was in essence condoning on that warrant. His home and office were the cut-off. If the director undertook no dis- never searched, but his name was splashed ciplinary action against the DIO officials across the pages of the major dailies. who were responsible for the cut-off, either Also, 1999 was the year that the late Mer- during or after the event, one can only con- vyn Jenkins, a DIO official serving in Wash- clude that those actions had been condoned. ington, committed suicide. The circum- Knowledge of the cut-off without corrective stances surrounding the suicide remain un- action is by its nature an indication of com- clear. There were two investigations into this plicity. That is why the role of the director in matter. The first involved a two-person inter- this matter needs to be exposed to scrutiny. view of Mr Jenkins in Washington over the Mr Carnell indicated during Senate esti- sharing of classified documents with Austra- mates hearings that he was obliged under lia’s allies. Some of these assessments were section 21 of the IGIS Act to circulate his about East Timor. Two days after the inter- draft report to the director because he was view, he committed suicide. The second in- the relevant intelligence agency head. This vestigation was initiated to report upon the process involved interactions with the direc- alleged security breaches by Mr Jenkins, but tor, which resulted in some refinement of the the terms of reference for the second investi- draft report. In fairness to all, Mr Carnell gation did not include the requirement to added that the interactions did not substan- establish the reasons for his suicide. tially alter the draft report. This process, An unclassified report which was finally however, did expose a weakness in the IGIS released in October 2000 concluded that Act where the head of an intelligence agency there were no suggestions of espionage or involved in the investigation receives the personal gain in Mr Jenkins’s actions. It draft IGIS report. Nevertheless, Minister Hill would be inappropriate for me to go further must be satisfied by the actions of the direc- on this matter now, because I understand that tor; otherwise, why would he have endorsed Mrs Jenkins’s claim against the Department Mr Lewincamp’s departure from DIO to a of Defence is still unresolved even though position in the Defence Materiel Organisa- her claim was lodged in the ACT Supreme tion at the same level of seniority and pay? Court in November 2000, over four years In fact, he endorsed him publicly. ago. It beggars belief that this matter too re- Was there something rotten in the state of mains unresolved, and I urge the minister to DIO in 1999? It certainly was not the best of do his best to ensure a speedy settlement. years—1999 was the year of embarrassing Mervyn Jenkins and Lieutenant Colonel revelations of sex, spying, Simon Lappas and Collins were friends, and the circumstances Jean-Philippe Wispelaere; 1999 was the year of the investigation into the suicide were also of damning leaks of DIO assessments on the a cause of concern in Lieutenant Colonel role of the Indonesian armed forces in militia Collins’s redress of grievance and his letters activities in East Timor. These leaks embar-
CHAMBER Tuesday, 8 March 2005 SENATE 121 to the Prime Minister, Minister Moore and robust management processes and systems to Minister Reith. underpin its efforts’. The management envi- East Timor binds the actions of both men. ronment in DIO has been far from healthy. East Timor was the political story in 1999. The simple act of pretending that something East Timor caused relations with Indonesia is other than what it is, the heightened level to fracture, unsettled relations with the of cynicism that occurs through falsification United States and found the Howard gov- of facts, the observed political flights to ernment wanting. East Timor embarrassed safety, or the devaluing of a person’s com- the Howard government, because its minis- mitment—all of these in their particular fash- ters ignored DIO warnings that Indonesian ion have undermined the health of DIO. armed forces were assisting the militias in Only the release of an unabridged Carnell East Timor before the plebiscite on inde- report can clear the air. That is why Labor is pendence. The Howard government down- pressing for a total disclosure of the Carnell played DIO warnings that violence would report. break out if the East Timorese voted for in- The Howard government has failed the dependence. It was many of these DIO as- test of a first-class government: the practice sessments that were leaked in Australia and of ministerial responsibility. Ministerial re- allegedly given to our allies by Mr Jenkins. sponsibility is about generating an environ- In the context of Lieutenant Colonel ment in which professionalism, integrity, Collins’s allegations, Mr Jenkins’s suicide courage, innovation and teamwork can be should be seen as another indicator of a DIO fostered—caring for the people in that or- culture of malaise. That malaise involved ganisation. It is also about setting the culture inadequate training, poor instructions to and for the department that one manages and preparation of overseas liaison officers, un- taking responsibility for that. Wherever I satisfactory instructions on sharing AUSTEO look, I do not see that commitment from the intelligence with allies, and superficial inves- government or from Minister Hill. It should tigations on security breaches—in summary, not be forgotten that in the nine years of the poor administration and management of per- Howard government we have seen four min- sonnel in working toward the core tasks of a isters for defence, four departmental secre- defence intelligence collection, analysis and taries and three CDFs, not to mention a range reporting agency. It was therefore not sur- of assistant ministers. prising that Philip Flood found it necessary Lieutenant Colonel Collins should have to make recommendations on DIO’s proc- been treated differently. His allegation in the esses when tasked to report on the perform- first instance should have demanded the re- ance of Australia’s intelligence agencies in spect and attention of an alert minister. What 2004. has occurred in DIO is another Defence ex- Mr Flood recommended that DIO should ample in the government’s litany of deficient review its work force management struc- outcomes. But an opportunity now exists to tures, including a possible introduction of correct at least one past mistake. If this min- agency-specific work force arrangements, ister cares and if the Howard government is and undertake an integrated review of its concerned about the valuable contribution business systems, including those for infor- and sacrifice that defence personnel make on mation, collection and liaison management. behalf of the nation then the Carnell report He noted that DIO ‘needs to develop more will be made available in full.
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As I stated before, Mr Carnell indicated people united by one religious faith. Al- on 16 February during Senate estimates hear- though Islam gave foundation to and shaped ings that the main report, less attachments, the greatness of the Arabic civilisation that had been written to permit its full disclosure. dominated the Western world between the This matter—the deliberate denial of access seventh and the 13th centuries, and Arabic is to an intelligence database—is so important still a common language for all Muslims for that I call upon the Minister for Defence to the study of the Koran, the majority of to- release the Carnell report in full as soon as day’s followers of the teaching of the prophet possible, and detail: who was responsible, Mohammed are not of Arabic origin. In fact, why did the cut-off occur, was there a cover- Indonesia, Pakistan, Bangladesh and Nigeria up, what disciplinary actions have been un- are the most populous Muslim nations. Con- dertaken, and what corrective actions are versely, not all people of Arabic origin are now in place to prevent a similar incident Muslim—the Christian Lebanese, for exam- occurring? Anything less would be to totally ple. This interchangeability is, of course, one devalue the contribution of Australia’s de- of the problems of perception that the AAC fence personnel. must overcome. Australian Arabic Council To achieve this purpose, in addition to the Senator TCHEN (Victoria) (8.58 p.m.)— more general efforts to promote a better un- Tonight I wish to speak about the Australian derstanding of Arabic history and culture by Arabic Council and some of its activities. other Australians, and to engage in a com- According to its website, the formation of mon campaign against racism by addressing the Australian Arabic Council was prompted its causes, symptoms and solutions, the AAC by racism experienced by the Australian sees that one of its main tasks is to campaign Arabic community during the first Gulf War. for more accurate media representation of As a proactive response, the AAC was Arabic issues. Thus, the AAC established the formed in 1992 to focus on the relationship AAC Media Award with the aim—to quote between the Australian Arabic community from the chairman’s message from the 2004 and the wider Australian community. The award—‘to raise awareness of the role the purpose of the AAC is, therefore, in common media plays in shaping public perception and with many other community groups repre- the effects of media stereotyping on the fab- senting Australia’s diverse migrant commu- ric of a multicultural Australia’. The annual nities, to raise awareness about issues of award was inaugurated in 1995, and the 2004 concern to them—in this case Arabic is- award was celebrated at the Sidney Myer sues—and to foster better recognition of the Asia Centre in Melbourne on 26 November contributions made by people of Arabic ori- 2004. I was pleased to be invited to attend, gin to the cultural, economic and social fab- and certainly found it an interesting experi- ric of Australia. ence, not least because of the number of small surprises that kept coming up— Perhaps at this point I should add that it perhaps not what the AAC would have in- seems to me that, for the majority of Austra- tended but nevertheless thought-provoking. lians, the terms ‘Arabic’ and ‘Muslim’ are largely interchangeable—quite incorrectly. I want to congratulate the Chair of the One describes a group of people who share a AAC, Roland Jabbour, and other members of common ethnic, linguistic and cultural tradi- the council; award coordinator Nabil Su- tion; the other describes various groups of laiman and other committee members; the judges of the award—Dr Ray Jureidini, Ms
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Farah Farouque, Mr Peter Manning and Ms ing of a number of hostages. That was the Mary Kostakidis; the award winner and the first surprise—not that Mr Faine would be- other short-listed journalists. It was an event friend the members of the Arabic network, of thoughtful concept and high-quality pres- but that the BBC would take offence at al- entation, and it was well executed and gen- Jazeera’s coverage, considering that its own erously supported by sponsors. I should also reporters were reportedly on the verge of inform the Senate that the AAC’s work on being banned by the British forces, who were public education continues apace. Tomorrow angered by what they considered to be biased night at 6.30 p.m., it will be hosting a free reporting. public lecture in the Sidney Myer Asia Cen- Mr Faine recounted that he found the pro- tre, to be presented by Professor Peter Man- fessionalism of the al-Jazeera journalists ning, Adjunct Professor of Journalism at the above reproach. He later had the opportunity University of Technology Sydney, entitled to visit the network’s operations centre in the ‘The war on terror: Australian media repre- Gulf, and again was impressed by their pro- sentations of Arabs and Muslims’. I have no fessionalism and integrity. So, after he re- doubt it will be another informative occa- turned to Australia, he undertook the task of sion. canvassing opportunities for contact between Let me now return to the 2004 AAC Me- Australian media and al-Jazeera, in the inter- dia Award. The guest of honour and keynote est of fair reporting. To Mr Faine’s sur- speaker was Mr Jon Faine, a Melbourne prise—though not to mine—the reaction he based ABC radio presenter of some note. Mr had ranged from total apathy to outright hos- Faine was an unusual but outstanding choice tility, including amongst his colleagues in the by the AAC for this role. Firstly, he is Jew- ABC. I think he thought the Australian me- ish. Secondly, he is all but unique amongst dia were immune from the mob mentality ABC political presenters in that, if you and biased values. I too was surprised, not by switch on his program and do not know who what he found but that he was surprised by he is interviewing, you would not be able to what he found. So what Mr Faine offered tell from his manner and his comments what was a salutary lesson on media behaviour political party his subject represents— and a cautionary tale that a harmonious mul- notwithstanding the fact that he is, or was, a ticultural society is something that requires self-acknowledged Labor Party member. constant nurturing for it to flourish, with a Either of these attributes would have set Mr touch of holier-than-thou-ness, which unfor- Faine apart from his ABC colleagues, and it tunately he then proceeded to discard. is certainly to his credit that he carries off A few weeks earlier, an Islamic school, both. the Ilim College in the Melbourne suburb of None of these were the surprises that I Broadmeadows, was burnt down by an un- spoke of earlier. For me, the first surprise known arsonist. In his conclusion to the came in the subject of Mr Faine’s speech. He award evening, Mr Faine alluded to this as spoke of his recent experience attending an an example of the malice and intolerance international conference overseas—in the which we must guard against. A reasonable UK, I think—where he made acquaintance line to take, one would have thought, except with the representatives of the independent that, the weekend before, I attended the Fes- Arabic television service al-Jazeera, who tival of Eid ul-Fitr in Broadmeadows—also were ostracised by the BBC because of al- attended by Maria Vamvakinou, the member Jazeera’s controversial airing of the behead- for Calwell, and Commissioner Mick Keelty
CHAMBER 124 SENATE Tuesday, 8 March 2005 of the Federal Police—at which the principal Australian Research Council—Strategic of Ilim College, Mr Ibrahim Dellal, with action plan 2005-2007. great enthusiasm and thanksgiving told the Commonwealth Grants Commission— gathering about the planned rebuilding of the Report—State revenue sharing relativi- school and referred with forgiveness to the ties—2005 update. perpetrator of the fire, who was drunk at the Department of Defence—Special purpose time and who had already been arrested. flights—Schedule for the period January to There was no racial overtone. But there June 2004—Errata. might have been, and Mr Faine could not Department of Employment and Work- resist the temptation of an easy conclusion. place Relations—Report for 2003-04— Et tu, Brute? Indeed! Corrigendum. We then went on to the announcement of National Environment Protection Council and NEPC Service Corporation—Report the 2004 AAC Media Award. There were for 2003-04. nine short-listed news reports. These ranged in content from reports of life in the suburbs National Institute of Clinical Studies Lim- ited—Report for 2003-04. of Sydney to the analysis of Middle East politics and diplomacy. And here was the Productivity Commission—Report for real surprise of the evening. Madam Acting 2003-04. Deputy President, I have something like five Superannuation (Government Co- or six more minutes of my speech and I see I contribution for Low Income Earners) Act 2003—Quarterly report on the Govern- have only one minute of time left. Instead of ment co-contribution scheme for the period detaining the Senate, I will merge the re- 1 October to 31 December 2004. mainder of my speech into a speech tomor- Telecommunications Act 1997— row night on a similar subject. Funding of research and consumer rep- Senate adjourned at 9.07 p.m. resentation in relation to telecommuni- DOCUMENTS cations—Report for 2003-04. Tabling Telecommunications carrier industry The following government documents development plans—Progress report for 2003-04. were tabled: United Nations—Optional Protocol to the Anglo-Australian Telescope Board— International Covenant on Civil and Politi- Anglo-Australian Observatory—Report for cal Rights—Human Rights Committee— 2003-04. Communications— Australian Broadcasting Corporation— No. 1014/2001—Views. Equity and diversity—Report for 1 Sep- tember 2003 to 31 August 2004. No. 1324/2004—Outline. Australian Federal Police—Report for Wet Tropics Management Authority— 2003-04. Report for 2003-04. Australian Radiation Protection and Nu- Wheat Export Authority—Report for 1 Oc- clear Safety Agency—Quarterly reports for tober 2003 to 30 September 2004. the periods— Tabling 1 April to 30 June 2004. The following documents were tabled by 1 July to 30 September 2004. the Clerk:
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Made prior to the commencement of the Leg- 2005/02 —Australia-Indonesia Part- islative Instruments Act 2003 on 1 January nership for Reconstruction and De- 2005: velopment (Grants) Special Account A New Tax System (Goods and Services Determination 2005 Ta x) Act—A New Tax System (Goods and [F2005L00550]*. Services Tax) (Exempt Taxes, Fees and 2005/03 —Australia-Indonesia Part- Charges) Determination 2004 (No. 2). nership for Reconstruction and De- Made following the commencement of the velopment (Loans) Special Account Legislative Instruments Act 2003 on 1 Janu- Determination 2005 ary 2005 [Legislative instruments are identi- [F2005L00553]*. fied by a Federal Register of Legislative In- struments (FRLI) number]: Net Appropriation Agreements for the— Australian Capital Territory (Planning and Australia-Japan Foundation Land Management) Act—Amendments— [F2005L00514]*. 44—Office Employment Location Poli- Australian Electoral Commission cies [F2005L00580]*. [F2005L00509]*. 48—Signs Policies—Flexibility Provi- Australian Office of Financial Man- sions and Sponsorship Signs in the Par- agement [F2005L00520]*. liamentary Zone [F2005L00505]*. Department of the House of Repre- 49—Civic Principles and Policies sentatives [F2005L00522]*. [F2005L00542]*. Department of the Prime Minister Australian National University Act— and Cabinet [F2005L00513]*. Academic and Ceremonial Dress Stat- National Competition Council ute—Academic and Ceremonial Dress [F2005L00521]*. Order 2005 [F2005L00549]*. Office of the Commonwealth Om- Academic and Ceremonial Dress Statute budsman [F2005L00510]*. 2005 [F2005L00548]*. Office of the Official Secretary to the Parking and Traffic Statute 2005 Governor-General [F2005L00515]*. [F2005L00533]*. Productivity Commission Broadcasting Services Act—Variations to [F2005L00519]*. Licence Area Plans for— Higher Education Support Act—List of Rockhampton—Gladstone Radio—No. maximum amounts of all grants paid in 1 of 2005 [F2005L00555]*. 2005 for each purpose of grant specified in section 41-10 [F2005L00518]*. Wagga Wagga Radio—No. 1 of 2005 [F2005L00552]*. * Explanatory statement tabled with legis- lative instrument. Civil Aviation Act—Civil Aviation Safety Regulations—Airworthiness Directives— Departmental and Agency Contracts Part 105— The following document was tabled pur- AD/AMD 10/25—Wing Anti-Ice Hoses suant to the order of the Senate of 20 June [F2005L00537]*. 2001, as amended: AD/GENERAL/84—Thermal/Acoustic Departmental and agency contracts for Insulation Materials [F2005L00488]*. 2004—Letter of advice—Defence portfo- Financial Management and Accountability lio. Act— Financial Management and Account- ability Determinations—
CHAMBER 126 SENATE Tuesday, 8 March 2005
Indexed Lists of Files The following document was tabled pur- suant to the order of the Senate of 30 May 1996, as amended: Indexed lists of departmental and agency files for the period 1 July to 31 December 2004—Statement of compliance—Human Services portfolio.
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QUESTIONS ON NOTICE The following answers to questions were circulated:
Gambling (Question No. 33) Senator Allison asked the Minister for Revenue and Assistant Treasurer, upon notice, on 17 November 2004: (1) Is the company Betfair registered for the goods and services tax (GST) in Australia; if so, when did it register. (2) Is it correct that GST was payable by Betfair on revenues received from Australian residents using this wagering platform; if so: (a) was the GST paid; and (b) if the GST was not paid, what action has been taken in respect of that non-payment. Senator Coonan—As the question deals with matters administered by the Australian Taxa- tion Office, I have asked the Commissioner of Taxation for advice. The advice in relation to the honourable senator’s question is as follows: (1) Information on entities that are registered with an Australian Business Number as well as their Goods and Services Tax status is publicly available on the Australian Business Register site ABR- Public. (2) The Commissioner advises that it is inconsistent with his responsibilities under the secrecy provi- sions of the tax law to provide specific taxpayer details. Superannuation: Small Business (Question No. 75) Senator Brown asked the Minister representing the Treasurer, upon notice, on 17 Novem- ber 2004: With reference to the Australian Taxation Office and the non-payment of superannuation contributions by small business: Why is the system structured in such a way that small business are able to avoid pay- ing superannuation contributions by using such strategies as changing their corporate identities every few years. Senator Minchin—The Treasurer has provided the following answer to the honourable senator’s question: All employers should make sufficient superannuation contributions to a complying superannuation fund for their eligible employees on a quarterly basis. Where an employer fails to pay the required amount of superannuation by the due date they become liable to pay the superannuation guarantee (SG) charge to the Australian Taxation Office (ATO). Employers are responsible for self-assessing their liability to pay the SG charge. The ATO has in place a comprehensive compliance program with a view to ensuring employers meet their SG obligations. The ATO is unable to disclose specific information about its actions in trying to secure employer super- annuation support as it relates to the affairs of another taxpayer. While this is frustrating to employees who may not have received their correct superannuation entitlements, it is essential that the ATO protect the rights of all parties. I wish to emphasise that the ATO contacts all employers who are the subject of complaint and requests that they provide the name of the fund into which the contributions have been paid. The ATO will then
QUESTIONS ON NOTICE
128 SENATE Tuesday, 8 March 2005 check with the fund and make further contact with the employer in the event that the fund does not have a record of contributions having been made. Employers who refuse to co-operate with the ATO or pro- vide misleading information risk prosecution and substantial penalties. Consistent with the Government’s 2001 election commitment, employers have been required to make at least quarterly superannuation contributions on behalf of their employees since 1 July 2003 or incur the SG charge. These arrangements are designed to ensure fairness between employees and to encourage employers to make regular superannuation contributions. Quarterly contributions will benefit employ- ees in a number of ways, including lower employee exposure to the loss of superannuation benefits in the event of employer bankruptcy or insolvency. The Government is committed to preventing persons and companies abusing the corporate form by us- ing phoenix-like strategies (such as changing corporate identity) to avoid debts, including tax and su- perannuation contributions. Both the Australian Securities and Investments Commission (ASIC) and the ATO are actively pursuing companies and individuals that engage in phoenix company activity. The Government has implemented a number of initiatives to greater combat phoenix activity. Recently it implemented recommendations of the Cole Royal Commission by: - increasing from 10 to 20 years the maximum period of disqualification of persons from managing corporations for insolvency and non-payment of debts; and - forming a Working Party consisting of representatives from ASIC, ATO, State and Territory reve- nue agencies and the Privacy Commissioner to improve information sharing between agencies, which will facilitate greater identification of phoenix offenders. Additionally, the Government has provided additional funding for ASIC of $12.3 million over four years for a program directed at targeted surveillance of insolvency-related misconduct by company officers, including phoenix company activity. Workers’ Entitlements (Question No. 100) Senator Webber asked the Minister representing the Treasurer, upon notice, on 18 No- vember 2004: (1) When will legislation be introduced that will allow for workers to be paid their entitlements ahead of banks and other creditors. (2) Will that legislation apply to any current liquidations. (3) In the case of Computerised Holdings Pty Ltd, did the liquidator identify the cause of liquidation as being insolvent trading; if so, why did the Australian Securities and Investment Commission not prosecute. (5) What are the criteria being used for making claims against the liquidator in the case of Computer- ised Holdings. (6) Is it intended that legal advice be sought on any distribution of assets ahead of the payment of workers’ entitlements. Senator Minchin—The Treasurer has provided the following answer to the honourable senator’s question: (1) The Government has undertaken consultations with peak industry bodies representing employers, employees, banks and other finance providers about its proposal to allow secured assets to be used to pay employee entitlements before the holder of the security. The Government is analysing the results of these consultations and any possible adverse impacts of the proposal on stakeholder groups, particularly small business. This analysis includes consid- eration of the findings of the Parliamentary Joint Committee on Corporations and Financial Ser-
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vices in relation to employee entitlements, set out in their report, Corporate Insolvency Laws: a Stocktake, tabled on 30 June 2004. (2) See answer to question 1. (3) The Australian Securities and Investments Commission (ASIC) has previously advised that the liquidator attributed the failure of the company to a serious absence of equity or working capital with the result that the company was unable to endure short-term losses. Insolvent trading was not identified as the cause for the liquidation. (5) ASIC has previously advised that there was one complaint against the liquidator which concerned the conduct of the administration. After consideration of the complaint and the issues involved, ASIC concluded that there was no substantive evidence to support the complaint being referred to the Companies Auditors and Liquidators Disciplinary Board (CALDB). (6). No. Family and Community Services: Advertising Campaign (Question No. 106 amended) Senator Faulkner asked the Minister for Family and Community Services, upon notice, on 19 November 2004: With reference to the More Help For Families advertising campaign: (1) For each of the financial years, 2003-04 and 2004-05: (a) what is the cost of this advertising cam- paign; and (b) what is the breakdown of these advertising costs for: (a) television (TV) placements; (b) radio placements; (c) newspaper placements; (d) printing and mail outs; and (e) research. (2) What: (a) creative agency or agencies; and (b) research agency or agencies; have been engaged for the campaign. (3) When did TV advertising screening begin, and when is it planned to end. (4) If there is a mail out planned, what database will be used to select addresses – the Australian Taxa- tion Office database, the electoral database or other. (5) (a) What appropriations will the department use to authorise any of the payments either committed to be made or proposed to be made as part of this advertising campaign; (b) will those appropria- tions be made in the 2003-04 or 2004-05 financial year; (c) will the appropriations relate to a de- partmental or administered item or the Advance to the Minister for Finance and Administration; and (d) if an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (6) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) what are the details of that re- quest; and (b) against which particular appropriation is it requested that the money be paid. (7) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (6) above; if so, what are the details of that drawing right. (8) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign. Senator Patterson—The answer to the honourable senator’s question is as follows: (1) (a) The cost of the campaign for 2003-04 was $4.4 million. For 2004-05, $3.2 million1 has been expended. Allocations of the remaining funds are currently being considered by Government. (b) Breakdown of advertising costs:
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130 SENATE Tuesday, 8 March 2005
For 2003-04: (a) television placements, $Nil; (b) radio placements, $1.5 million; (c) newspaper placements, $1.2 million; (d) printing and mailing costs, $Nil; (e) research costs, $107,000. For 2004-05, the current expenditure is: (a) television placements, $Nil; (b) radio placements, $1 million; (c) newspaper placements, $462,000; (d) printing and mailing costs, $751,000; (e) research costs, $285,000. (2) The creative agency engaged for the campaign is Whybin TBWA and Partners Pty Ltd. The Re- search Agency engaged for the campaign is Open Mind Research Group. (3) No television advertisements have been aired. (4) No mail-outs requiring the use of databases have been used. (5) (a) The department will use the departmental appropriation Bill 1 to authorise any of the pay- ments made as part of this advertising campaign; (b) departmental appropriation was available in 2003-04 for expenditure of the 2003-04 funds, and the appropriation for the 2004-05 expenditure was included in the 2004-05 appropriation; (c) The appropriations will relate to a departmental item; and (d) There is no specific line item in the relevant Portfolio Budget Statement for the appropriation, but reference is made to the appropriation. The appropriation is contained in the Statement of Fi- nancial Performance table. (6) No request has been made. (7) No. (8) No. —————— 1 All costs for 2004-05 are actual costs and commitments as at 11 February 2005. Treasury: Advertising Campaign (Question No. 112) Senator Faulkner asked the Minister representing the Minister for Revenue and Assistant Treasurer, upon notice, on 19 November 2004: With reference to the Grants to States advertising campaign: (1) For each of the financial years, 2003-04 and 2004-05: (a) what is the cost of this advertising cam- paign; and (b) what is the breakdown of these advertising costs for: (a) television (TV) placements; (b) radio placements; (c) newspaper placements; (d) printing and mail outs; and (e) research. (2) What: (a) creative agency or agencies; and (b) research agency or agencies; have been engaged for the campaign. (3) When will the campaign begin, and when is it planned to end.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 131
(4) If there is a mail out planned, to whom will it be targeted and what database will be used to select addresses – the Australian Taxation Office database, the electoral database or other. (5) (a) What appropriations will the department use to authorise any of the payments either committed to be made or proposed to be made as part of this advertising campaign; (b) will those appropria- tions be made in the 2003-04 or 2004-05 financial year; (c) will the appropriations relate to a de- partmental or administered item or the Advance to the Minister for Finance and Administration; and (d) if an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (6) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) what are the details of that re- quest; and (b) against which particular appropriation is it requested that the money be paid. (7) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (6) above; if so, what are the details of that drawing right. (8) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign. Senator Coonan—The answer to the honourable senator’s question is as follows: (1) (a) The Government has provided $3 million to the Department of the Treasury to deliver a com- munications package which will provide the public with information on Australian Government payments to the states and territories. The Government spent $1,000,016.23 of this funding in 2003-04. A breakdown of estimated expenditure in 2004-05 has not been determined. (b) (a) Whybin TBWA produced the television advertisements at a cost of $62,000.00. Universal McCann placed the television advertisements at a cost of $490,292.67. (b) (b) There has been no expenditure on radio advertisements. (b) (c) HMA Blaze placed the newspaper advertisements at a cost of $438,923.55. (b) (d) There has been no expenditure on printing and mail outs. (b) (e) Worthington Di Marzio researched the advertisements at a cost of $8,800.00. (2) HMA Blaze, Universal McCann, Whybin TBWA and Worthington Di Marzio have been engaged for the campaign. (3) The first advertisement under the campaign was placed on 27 March 2004. The end date for the campaign has not yet been determined. (4) A mail out is not currently planned. (5) (a) Treasury was appropriated funding for the advertising campaign as part of previous years’ out- puts in Appropriation Bill (No. 2) 2004-05. (b) 2004-05. (c) Departmental. (d) Previous years’ outputs appear in Treasury’s Capital Budget Statement on page 43 of Treasury’s 2004-05 Portfolio Budget Statements. (6) No. (7) N/a (as referred to in 6 above).
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(8) Yes, Treasury officials have made payments of public money for the advertising campaign and debited the amounts against an appropriation in accordance with a drawing right issued by the Min- ister for Finance and Administration. (Under the Acts Interpretation Act 1901 s34AB(c), actions performed by the Chief Financial Officer, as the sub-delegate of the Minister for Finance and Ad- ministration under section 27(1) of the Financial Management and Accountability Act 1997 are deemed to have been performed by the Minister for Finance and Administration.) Attorney-General’s: Advertising Campaign (Question No. 113) Senator Faulkner asked the Minister representing the Attorney-General, upon notice, on 19 November 2004: With reference to the proposed National Security advertising campaign: (1) For each of the financial years, 2003-04 and 2004-05: (a) What is the cost of this advertising campaign; and (b) What is the breakdown of these advertising costs for: (a) Television (TV) placements; (b) Radio placements; (c) Newspaper placements; (d) Printing and mail outs; and (e) Research. (2) What: (a) Creative agency or agencies; and (b) Research agency or agencies; have been engaged for the campaign. (3) When will the campaign begin, and when is it planned to end. (4) If there is a mail out planned, to whom will it be targeted what database will be used to select ad- dresses – the Australian Taxation Office database, the electoral database or other. (5) (a) What appropriations will the department use to authorise any of the payments either commit- ted to be made or proposed to be made as part of this advertising campaign; (b) Will those appropriations be made in the 2003-04 or 2004-05 financial year; (c) Will the appropriations relate to a departmental or administered item or the Advance to the Minister for Finance and Administration; and (d) If an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (6) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) What are the details of that request; and (b) Against which particular appropriation is it requested that the money be paid. (7) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (6) above; if so, what are the details of that drawing right. (8) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 133
Senator Ellison—The Attorney-General has provided the following answer to the honour- able senator’s question: (1) (a) 2003-04 - $612,000; 2004-05 estimated at $7,655,000 (b) (a) 2003-04 Nil; 2004-05 estimated at $2,610,000 (b) 2003-04 Nil; 2004-05 estimated at $184,000 (c) 2003-04 Nil; 2004-05 estimated at $2,497,000 (d) 2003-04 $1490; 2004-05 estimated at $10,000 (e) 2003-04 $338,146; 2004-05 estimated at $255,000. (2) (a) BMF Advertising Pty Ltd (b) Worthington Di Marzio (3) The campaign began on 25 September 2004. The campaign is scheduled to end in June 2005. (4) No mail out planned. (5) (a) Attorney-General’s Department departmental outputs appropriations. (b) Appropriations made in both years. (c) The appropriations for the campaign are included in the departmental outputs appropriation for output 2.4 in the Attorney-General’s Department. (d) See response to 5 (c). (6) No. (a) Not applicable. (b) Not applicable. (7) No. (8) No. Immigration and Multicultural and Indigenous Affairs: Advertising Campaign (Question No. 121) Senator Faulkner asked the Minister representing the Minister for Citizenship and Multi- cultural Affairs, upon notice, on 19 November 2004: With reference to the current tranche of the Citizenship advertising campaign: (1) For each of the financial years, 2003-04 and 2004-05: (a) what is the cost of this advertising cam- paign; and (b) what is the breakdown of these advertising costs for: (a) television (TV) placements; (b) radio placements; (c) newspaper placements; (d) printing and mail outs; and (e) research. (2) What: (a) creative agency or agencies; and (b) research agency or agencies; have been engaged for the campaign. (3) When will the campaign begin, and when is it planned to end. (4) If there is a mail out planned, to whom will it be targeted and what database will be used to select addresses – the Australian Taxation Office database, the electoral database or other. (5) (a) What appropriations will the department use to authorise any of the payments either committed to be made or proposed to be made as part of this advertising campaign; (b) will those appropria- tions be made in the 2003-04 or 2004-05 financial year; (c) will the appropriations relate to a de- partmental or administered item or the Advance to the Minister for Finance and Administration;
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134 SENATE Tuesday, 8 March 2005
and (d) if an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (6) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) what are the details of that re- quest; and (b) against which particular appropriation is it requested that the money be paid. (7) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (6) above; if so, what are the details of that drawing right. (8) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign. Senator Vanstone—The Minister for Citizenship and Multicultural Affairs has provided the following answer to the honourable senator’s question: (1) For the current tranche of citizenship advertising: (a) The costs are $0.880m in 2003-04 and $0.968m in 2004-05. (b) The breakdown of these advertising costs (excl GST) is: 2003-04 2004-05 (a) television placements $738,712 $736,304 (b) radio (and internet) placements - $42,700 (c) newspaper (and magazine) placements $141,684 $116,338 (d) printing and mailouts - - (e) research - $72,760 (2) (a) The campaign uses creative developed in 2000-01 by the Brisbane agency Coo’ee and used in subsequent years. The agency’s three year contract has been extended for a fourth year for the 2004-05 campaign. (b) The research agency, The Research Forum, engaged for three years from 2000-01 was engaged for a further year in 2004. (3) The current tranche of the citizenship advertising campaign commenced on 16 May 2004 and ceased on 30 August 2004. The advertising commenced earlier than in previous years following re- search conducted as part of the evaluation of Australian Citizenship Day 2003 promotion. The re- search indicated that promotion of citizenship should continue throughout the year to maintain momentum, as frequent exposure of the target groups to the campaign is more likely to achieve the desired result than concentrated promotion two or three times a year. (4) There was no national mail out as part of the current tranche of citizenship advertising. Citizenship information packs were, however, sent to all primary schools in the country as part of the ongoing promotion of the value of Australian citizenship. (5) (a) to (c) The Department is using existing departmental funding appropriated in 2003-04. (d) Aus- tralian Citizenship promotion is covered by Output Group 2.3.2 - Promotion of the Value of Austra- lian Citizenship, at page 115 of the Portfolio Budget Statements 2004-05. (6) The Minister for Finance and Administration (Finance Minister) has delegated his powers to issue drawing rights to Secretaries of Departments under the Financial Management and Accountability (Finance Minister to Chief Executive) Delegations 2002, Schedule 1. The Secretary of the Depart- ment of Immigration and Multicultural and Indigenous Affairs (DIMIA) has sub-delegated these powers to certain senior officials. All officers who drawdown public money for public expenditure, including advertising, have been issued with drawing rights, in accordance with the Finance Minis- ter’s Directions.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 135
(7) Not applicable. (8) All payments of public moneys in DIMIA, including those for advertising, have been made in ac- cordance with the drawing rights issued by the delegates. Finance and Administration: Advertising Campaign (Question No. 130) Senator Faulkner asked the Minister for Finance and Administration, upon notice, on 19 November 2004: (1) Not including any advertising campaigns contained in questions on notice nos 105 to 121, for each of the financial years, 2003-04 and 2004-05 to date: (a) what is the cost of any current or proposed advertising campaign in the department; (b) what are the details of the campaign, including: (a) creative agency or agencies engaged; (b) research agency or agencies engaged; (c) the cost of tele- vision advertising; (d) the cost and nature of any mail out; and (e) the full cost of advertising placement. (2) When will the campaign begin, and when is it planned to end. (3) (a) What appropriations will the department use to authorise any of the payments either committed to be made or proposed to be made as part of this advertising campaign; (b) will those appropria- tions be made in the 2003-04 or 2004-05 financial year; (c) will the appropriations relate to a de- partmental or administered item or the Advance to the Minister for Finance and Administration; and (d) if an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (4) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) what are the details of that re- quest; and (b) against which particular appropriation is it requested that the money be paid. (5) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (4) above; if so, what are the details of that drawing right. (6) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign. Senator Minchin—The answer to the honourable senator’s question is as follows: Please refer to the answer to question number 139, provided by the Special Minister of State. Finance and Administration: Advertising Campaign (Question No. 139) Senator Faulkner asked the Special Minister of State, upon notice, on 19 November 2004: (1) Not including any advertising campaigns contained in questions on notice nos 105 to 121, for each of the financial years, 2003-04 and 2004-05 to date: (a) what is the cost of any current or proposed advertising campaign in the department; (b) what are the details of the campaign, including: (a) creative agency or agencies engaged; (b) research agency or agencies engaged; (c) the cost of television advertising; (d) the cost and nature of any mail out; and (e) the full cost of advertising placement. (2) When will the campaign begin, and when is it planned to end. (3) (a) What appropriations will the department use to authorise any of the payments either committed to be made or proposed to be made as part of this advertising campaign; (b) will those appropria- tions be made in the 2003-04 or 2004-05 financial year; (c) will the appropriations relate to a de-
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136 SENATE Tuesday, 8 March 2005
partmental or administered item or the Advance to the Minister for Finance and Administration; and (d) if an appropriation relates to a departmental or administered item, what is the relevant line item in the relevant Portfolio Budget Statement for that item. (4) Has a request been made of the Minister for Finance and Administration to issue a drawing right to pay out moneys for any part of the advertising campaign; if so: (a) what are the details of that re- quest; and (b) against which particular appropriation is it requested that the money be paid. (5) Has the Minister for Finance and Administration issued a drawing right as referred to in paragraph (4) above; if so, what are the details of that drawing right. (6) Has an official or minister made a payment of public money or debited an amount against an ap- propriation in accordance with a drawing right issued by the Minister for Finance and Administra- tion for any part of the advertising campaign. Senator Abetz—The answer to the honourable senator’s question is as follows: (1) The only advertising campaign conducted by the Finance portfolio during this period was the fed- eral election public awareness campaign conducted by the Australian Electoral Commission (AEC). (a) The advertising campaign is estimated at $8.5 million (all costs GST exclusive), of which television advertising placement comprised $4.8 million. (b) The 2004 election public awareness campaign was targeted to all eligible electors and divided into three phases of advertising over the course of the campaign, firstly focusing on enrolment, followed by voter services and formality (how to cast a formal ballot). (a) The creative advertising agency engaged was WhybinTBWA Pty Ltd; (b) The market research agency was Eureka Pty Ltd; (c) The total cost of television advertising placement is estimated at $4.8 million; (d) Production and national mailout of an AEC Household Elector Leaflet to all Australian households was conducted at a cost $1.6 million; and (e) The full cost of advertising placement is estimated at $7.5 million. (2) This campaign commenced on the day the 2004 federal election was announced and ceased on election day, 9 October 2004. (3) (a) Funding for the campaign is provided for in the AEC’s 2004-05 Budget (Appropriation Bill No 1). (b) Appropriations made in both years. (c) A departmental item. (d) Supplies. (4) No. (5) Not applicable. (6) No. Human Cloning (Question No. 175) Senator Stott Despoja asked the Minister representing the Minister for Foreign Affairs, upon notice, on 9 December: (1) Will the Minister provide copies of any recommendations, advice or comments received in the past 18 months regarding, or in response to, a proposal put forward by Belgium to the United Nations
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 137
(UN) on the issue of ‘reproductive’ cloning of people and/or ‘therapeutic’ cloning of human em- bryos for research into cures for serious diseases. (2) When was the department made aware of the Cabinet decisions to support the Belgian proposal on human cloning and consequently the Costa Rican proposal on human cloning at the UN. Senator Hill—The Minister for Foreign Affairs has provided the following answer to the honourable senator’s question: (1) No. (2) Australia’s position on the issue of human cloning has been to achieve an outcome consistent with its domestic legislation. At an early stage this looked to be achievable through the Belgian pro- posal. Australia has never sponsored the Belgian proposal but an indication that Australia might support it was made in 2003. It became clear that the Belgian proposal would not achieve consen- sus. A decision to support the Costa Rican proposal was made in late 2003 and a decision to co-sponsor it in 2004. On 18 February 2005, the Sixth Committee of the UN General Assembly (UNGA) adopted a po- litical declaration on human cloning. Australia voted in favour of the declaration which was consis- tent with our domestic policy. No decision of the UNGA has any necessary effect on Australian law or policy. Natural Disasters Mitigation Program (Question No. 188) Senator Mark Bishop asked the Minister representing the Minister for Transport and Re- gional Services, upon notice, on 17 December 2004: (1) By electorate, what projects were funded under the Natural Disasters Mitigation Program in 2004 to date. (2) How many have been completed. (3) (a) What was the purpose of each; and (b) who was the key proponent. (4) What are the timelines for applications and approvals. (5) (a) Which projects were funded by loans and/or grants; and (b) in what proportion. (6) By electorate, which project applications were rejected. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: (1) and (3) Attachments A and B provide details of projects funded under the Natural Disaster Mitiga- tion Programme in 2003-04 and 2004-05 including the purpose of each project and key proponent. (2) 11 projects have been completed. (4) Applications for funding under the programme in 2005-06 opened on 20 November 2004 and close on 25 February 2005. Successful projects are expected to be announced early in the new financial year. (5) All projects were funded as grants. (6) No projects were rejected by the Minister for Local Government, Territories and Roads.
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138 SENATE Tuesday, 8 March 2005
Attachment A Federal Project Purpose Key Proponent Approved Completed Electorate Funding Australian Community Fire Units Establishment and support of Community Emergency Ser- $59,667 Yes Capital Fire Units in high bushfire risk areas to en- vices Bureau Territory able community preparedness and response (territory wide) to bushfires. Bonython Smith Creek Rectifica- Channel improvements to Smith Creek from City of Playford $132,333 Yes tion Stage 5 - Coventry Coventry Road to Peachey Road. These Road to Peachey Road works are the final stage of a scheme to upgrade the entire Smith Creek system pro- tecting approx 60 properties in Smithfield. $200,000 was approved under the Regional Flood Mitigation Programme in 2002/03 for Stage 4 of this scheme. Bonython Little Para River Over- Construction of road culverts under Port City of Salisbury $252,667 No flow - Port Wakefield Wakefield Road at Paralowie. These cul- Road Culverts verts will complete an overflow channel protecting residential and commercial prop- erties on the Little Para Floodplain. Canberra Cotter Bridge im- Rebuilding of Cotter Bridge with improve- Department of Ur- $50,000 Yes provement ments to enhance resistance to fire damage ban Services ensuring access to at risk areas in future events.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 139
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Canberra Removal of Pines and Removal of pines and casuarinas in areas Department of Ur- $200,000 Yes Casurinas adjacent to Duffy and along the Murrum- ban Services bidgee River Corridor to mitigate the threats of future bushfires. Cowper Yamba Coastline Man- Collection of groundwater data in the Pilot Clarence Valley $53,000 No agement Plan - ground- Hill area to determine landslide risk. The Council water monitoring data will be used to refine the risk assess- ment and develop future management strategies. Dawson Ayr and Lilliesmere Culvert and floodway upgrades for Lillies- Burdekin Shire $20,000 No flood mitigation works mere and Kalamia Creek dams and lower Council Little Oyster Creek dam. Eden-Monaro/ FloodSafe’ Guides Production of locally-customised FloodSafe NSW State Emer- $10,000 No Riverina/ gudes for flood affected communities in the gency Service Hume/Farrer/ Murrumbidgee Valley and elsewhere New England/ (Queanbeyan, Wagga Wagga, Narrandera, Cunningham Darlington Point, Hay, Bowral, Jingellic, Tumut, Inverell and Wollongong). Fowler Laser survey of the Laser survey of catchments and waterways Liverpool City $40,000 No Liverpool area for in the Liverpool local government area to Council floodplain risk man- assist in determining flood levels and risk. agement study
QUESTIONS ON NOTICE
140 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Fowler Telemetry system for Installation of telemetered rainfall and water Liverpool City $20,000 No prescibed dams level gauges at three prescribed dams to Council provide an effective warning system in the event of overtopping or failure. Gwydir Temporary flood pro- Purchase of 900 meters of temporary flood NSW State Emer- $135,000 Yes tection barriers for protection barriers (Pallet Barrier System) gency Service Brewarrina to strengthen the existing deficient earthen levee system at Brewarrina. Hindmarsh Adelaide Airport drain Enlargement of the Adelaide Airport drain City of West Tor- $320,000 No upgrade from May Terrace to West Beach Road to rens cater for increased flows in the drain. These works will protect houses on the north side of Sir Donald Bradman Drive in Brooklyn Park. Hume Natural disaster plan- Identification and collection of natural haz- Upper Lachlan $10,000 No ning and mitigation ard data within the Upper Lachlan local Council project government area for inclusion in Council’s GIS and spatial information systems. This will improve strategic planning and enable a faster response to combat agencies when required. Hunter/ Emergency Manage- Development of a combined Emergency Lower Hunter $5,000 No Paterson ment Risk Management Risk Management Plan for the Cessnock, Emergency Man- Plan - Lower Hunter Dungog, Maitland and Port Stephens local agement Coordi- region govt areas. nating Committee
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 141
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Kalgoorlie Upgrade of the Trans Improvements to the Trans Access Road to City of Kalgoorlie $60,000 No Access Road provide all weather access to the Coonana Boulder Aboriginal community. Kalgoorlie Flood audit of roads Flood audit of roads and bridges servicing Main Roads West- $18,000 No and bridges in the Gas- the Gascoyne, Pilbara and Kimberley. The ern Australia coyne, Pilbara and results of the audit will enable the develop- Kimberley regions ment of suitable disaster mitigation strate- gies. Kalgoorlie North West Coastal Road and bridge upgrades on the North Main Roads West- $373,278 Yes Highway mitigation West Coastal Highway between Onslow and ern Australia works Karratha to improve access and reduce dam- ages in future flood events. Kalgoorlie Sealing of Onslow Air- Bitumen sealing of Onslow Airport main Shire of Ashburton $174,240 No port runway runway to provide an all weather surface for emergency air access during wet periods. Kalgoorlie Mt Anderson Road Improvements to Mt Anderson Road to pro- Shire of Derby- $30,000 Yes improvements vide all weather access to a number of Abo- West Kimberley riginal communities. Kalgoorlie Halls Creek town Establishment of a permanent fire break Shire of Halls $2,000 Yes boundary fire break next to the Halls Creek town boundary Creek fence. Kalgoorlie Great Central Road Raising of three sections of the Great Cen- Shire of Laverton $144,965 No flood proof causeway tral Road to provide all weather access to several outlying Aboriginal communities.
QUESTIONS ON NOTICE
142 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Kennedy Diamantina Develop- Bedourie has no sealed road access. Fund- Department of $275,000 No mental Road (Bedourie ing will enable progressive sealing of the Main Roads - Boulia) at chainage Diamantina Developmental Road from 177km to 185km Bedourie to Boulia improving all-weather access on the only north south route be- tween these two towns. Kennedy Blair Gully - Russian Improvements to the Russian Gully crossing Department of $245,000 No Gully flood immunity on the Kennedy Highway west of Raven- Main Roads enhancement shoe to reduce damages and the risk to road users in future flood events. Leichhardt Peninsula Developmen- The Peninsula Developmental Road is the Department of $159,000 No tal Road (Laura - Coen) sole road access to Weipa. Funding will Main Roads at Big Coleman River upgrade the existing floodway at Big Cole- man Creek and improve access in times of flooding to the remote communities of Musgrave, Coen and Weipa. Leichhardt Peninsula Developmen- The Peninsula Developmental Road is the Department of $160,000 No tal Road (Laura - Coen) sole road access to Weipa. Funding will Main Roads at 5 Mile Creek upgrade the existing floodway at 5 Mile Creek and improve access in times of flood- ing to the remote communities of Musgrave, Coen and Weipa. Mackellar Natural Hazard Com- Development of a community education Pittwater Council $3,547 No munity Awareness Pro- program about natural disasters to raise gram (Phase 1) awareness and risk preparedness amongst residents and landowners.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 143
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Mackellar Creation of strategic Creation of strategic fire protection zones Pittwater Council $35,000 No fire advantage zones in between residential dwellings and high fire the Pittwater area risk bushland areas to reduce the impact of bushfires. Mackellar Collection of landslide Collection of data to determine landslide Pittwater Coun- $65,000 No data in the Pittwater likelihood in the Pittwater local government cil/Australian Ge- area area. The data will assist in the future de- omechanics Soci- velopment of risk management techniques ety for landslides. Macquarie SES community educa- Mobile education trailer providing Blue Blue Mountains $10,000 No tion trailer for the Blue Mountains residents with information about City Council Mountains severe storms and how to prepare for them. Maranoa Jackson - Wandoan This section of the Jackson – Wandoan Department of $125,000 No Road (Clark Creek Sec- Road is unsealed. Proposed road works will Main Roads tion) reduce damages and the risk to road users in future flood events. McPherson Decision support tool Development of an automated tool together Gold Coast City $26,667 No for the provision of with appropriate modelling to improve iden- Council emergency flood infor- tification of properties and lives at risk dur- mation ing a storm surge or flood.
QUESTIONS ON NOTICE
144 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding McPherson Research into storm Studies into the joint occurrence of storm Gold Coast City $15,000 No surge, riverine flooding surge and riverine flooding, and the Green- Council and the Greenhouse house effect on rainfall patterns. These stud- effect ies will provide a more accurate understand- ing of present and future risk levels. McPherson Flood improvements of Research into the build up of sand at the Gold Coast City $18,333 No Tallebudgera and Cur- mouths of Tallebudgera and Currumbin Council rumbin Creeks Creeks, and dredging of sandbars along the creeks to improve the flow of floodwaters and reduce inundation during severe floods. NSW (state- Community services Production of community service an- Department of $4,700 No wide) announcements - ‘Help nouncements for radio and television and Community Ser- at Hand’ other promotional material informing the vices community of services available in the event of a disaster. NSW (state- Horse emergency con- Contact database for conveying information NSW Agriculture $50,000 No wide) tact database to horse owners in the event of an emer- gency especially bushfires. NSW (state- Property information Development of a client resource informa- NSW Agriculture $310,000 No wide) for disaster mitigation tion system to store data about rural proper- and management ties and their owner/occupiers for improved mitigation, preparedness and warning meas- ures in the event of a disaster.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 145
Federal Project Purpose Key Proponent Approved Completed Electorate Funding NSW (state- Community Fire Unit Establishment of 28 additional Community NSW Fire Brigades $40,000 No wide) Program Fire Units to promote community safety and awareness and enable communities to deal with bushfire risk at the local level. NSW (state- Fire Investigation Man- Development of a Fire Investigation Man- NSW Rural Fire $20,000 No wide) agement Plan agement Program to more efficiently inves- Service tigate and record the cause of fires. NSW (state- Bushfire Risk Informa- Expansion of the Bushfire Risk Information NSW Rural Fire $116,667 No wide) tion Management Sys- Management System to include on-line Service tem - on-line mapping mapping functionality. This will enhance the management of bushfire risk and hazard reduction in NSW through a coordinated multi-agency approach. NSW (state- Business continuity Creation of a business continuity toolkit for NSW State Emer- $31,724 No wide) guides businesses in flood prone areas. gency Service NSW (state- Improvement of flood Development of an enhanced flood intelli- NSW State Emer- $2,000 Yes wide) warning effectiveness gence system to improve the understanding gency Service and effectiveness of flood warning predic- tions. Residents of the Georges River Valley will be used in a pilot program.
QUESTIONS ON NOTICE
146 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Oxley Enhancement of Ips- Enhancement of Council’s GIS system to Ipswich City Coun- $5,000 No wich City Council’s include natural disaster management data cil GIS for natural disaster from the Counter Disaster Committee and management Local Disaster Management Group. This will allow improved access to disaster man- agement information by emergency re- sponse personnel. Oxley Local disaster manage- Preparation of a local disaster management Ipswich City Coun- $5,000 No ment plan for Ipswich plan to improve preparation, response and cil recovery from natural disasters affecting the Ipswich community. Oxley Gravel road upgrade Trial of different treatment options to pro- Ipswich City Coun- $20,000 No tect gravel roads from flooding. The trial on cil select roads in the Haigslea, Walloon, Iron- bark and Mount Mort areas will determine the most cost effective option for broader application throughout the rest of the city. Parramatta Toongabbie Creek flood Culvert modifications to improve the wa- Parramatta City $430,000 No mitigation works terway capacity of Toongabbie Creek at Council (Briens Road Culvert) Briens Road. Paterson Dungog aerial photo- Aerial photographs of the Dungog local Dungog Shire $1,613 No graphs and GIS map- government area for inclusion into the GIS Council ping systems of Dungong Shire Council and NSW Rural Fire Service to assist in the future management of natural disasters par- ticularly bushfires.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 147
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Paterson Creation of asset pro- Creation of fire protection zones between Port Stephens City $37,333 No tection zones in the bushland reserves and residential properties Council Corlette, Salamander in the Corlette, Salamander Bay, Lakeside Bay, Lakeside and and Raymond Terrace areas for fire mitiga- Raymond Terrace areas tion. Pearce/Forrest/ Emergency Services Creation of Emergency Services directories Department of $133,000 No O’Connor directories for the Peel for the Peel East, Avon South, South West Land Information East, Avon South, Corner and Albany regions of WA. Informa- South West Corner and tion includes topographic, cadastral and Albany regions hydrographic data, power transmission lines, water and gas pipelines, roads and transmission towers, etc. Queensland Scoping study for a Identification of suitable buildings in cy- Department of Pub- $3,333 No (state wide) cyclone shelter pro- clone prone areas of Queensland that could lic Works gramme be used to temporarily house people during cyclonic conditions. Queensland Bushfire buidling mate- Research into factors affecting vulnerability Department of Pub- $3,333 No (statewide) rials research of residential dwellings in high fire risk lic Works areas (eg. siting, terrain, building materials and design issues). A key outcome of this research is the development of a Fire Risk Mitigation Guide for use by consumers and the housing industry.
QUESTIONS ON NOTICE
148 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Queensland Disaster management State wide project aimed at broadening the Local Government $63,000 No (statewide) capability development capacity of local government in disaster Association of and implementation management. In particular, supporting a Queensland project cultural change from disaster response to mitigation including strategic planning and risk assessment. Includes the development of appropriate tools, frameworks and initia- tives and improved collaboration between state and local governments. Reid Enhancement of Hol- Further development of Council’s flood Holroyd City $8,658 No royd City Council’s hazard data to provide more complete and Council flood hazard mapping up to date flood hazard maps. Reid Hampden Road Reserve Construction of two flood detention basins Holroyd City $43,800 No - flood detention basins to provide protection up to the 1 in 100 year Council flood event for nearby properties. Shortland Enhancement of Lake Transfer of existing flood data into Coun- Lake Macquarie $3,333 No Macquarie City Coun- cil’s GIS system for improved accessibility City Council cil’s GIS based harzard by Council and combat agencies such as the and flood data State Emergency Service. Throsby Shellharbour bushfire Education program targeted to local resi- Shellharbour City $30,982 No prevention and prepare- dents living near bushland reserves to raise Council deness project awareness about bushfire prevention and preparedness. Throsby Shellharbour bushfire Development of bushfire management plans Shellharbour City $18,252 No management project for reserves in Albion Park, Blackbutt, Council Croom, and Mount Warrigal.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 149
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Victoria (state- Living in the Bush pro- This project consists of an integrated suite Country Fire Au- $45,000 Yes wide) ject of communication tools (publication, mul- thority timedia display and CD ROM) to improve community awareness and readiness meas- ures for residents living in high bushfire risk areas. It will enable such residents to better prepare them and their homes for a bushfire. Western Real-time burnt area Satellite mapping of flooded or burnt areas Department of $110,000 No Australia and flood mapping across Australia for improved emergency Land Information (statewide) management. Western Community layout Development of guidelines for the inclusion Fire and Emer- $16,575 Yes Australia planning for remote of emergency mitigation requirements into gency Services (statewide) Aboriginal communi- community layout planning for remote Abo- Authority of WA ties riginal communities. Wide Bay Eidsvold to Theodore Eidsvold to Theodore Road is predomi- Department of $149,000 No Road (Mt Steel area) nantly unsealed. Road works along two Main Roads sections of this road will improve access in times of flooding for the townships of Cra- cow and Cloncose.
QUESTIONS ON NOTICE
150 SENATE Tuesday, 8 March 2005
Attachment B Federal Project Purpose Key Proponent Approved Completed Electorate Funding Banks Kelso levee augmenta- Augmentation of two low points in the Bankstown City $30,000 No tion Kelso levee to provide protection for up to Council 275 homes in the Panania area from Geor- ges River flooding. Barker Rural Property Ad- Undertake a pilot project in the Riverland to Department of $40,000 No dressing System develop an implementation strategy for Administrative and standardised addressing of all rural proper- Information Ser- ties in South Australia. vices Barker/Grey/ SafeSA Risk Assess- Conduct a disaster risk assessment and Central Local $90,000 No Mayo/ ment treatment study of all 15 local councils Government Re- Wakefield within the Central Local Government Re- gion of South Aus- gion. tralia Bass North Esk River flood Installation of telemetered river gauges on Launceston City $35,400 No warning and data ac- the North Esk River at Launceston. Council quisition system Blaxland Deverall Park detention Construction of a detention basin at Dever- Bankstown City $200,000 No basin all Park to reduce flooding in the surround- Council ing area near Milperra Road. Boothby Mitcham Council Conduct a bushfire risk assessment study City of Mitcham $27,000 No Bushfire Risk Assess- and develop a community education strat- ment Study egy and works program for the Mitcham Fire Prone Area.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 151
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Braddon Lower Forth flood Identification of a 1:100 AEP for the Lower Central Coast $2,000 No evacuation plan im- Forth Valley (including Forth, Leith, Turn- Council plementation measures ers Beach and Ulverstone) and accompany- ing education programme and evacuation plan. Brand Kwinana Beach erosion Construct rock armoured headlands and City of Rocking- $130,000 No protection works undertake sand nourishment to address ham beach erosion at Kwinana Beach. Brand/Canning/ Capturing Small Land- Integrate the Client and Resource Informa- Department of $68,000 No Cowan/ holdings Information tion System and the Rural Street Addressing Agriculture WA remantle/ for Disaster Mitigation databases for small landholdings in 12 Hasluck/Pearce and Management council areas on Perth’s fringe to improve their quality and effectiveness, so as to fa- cilitate their use in disaster disaster mitiga- tion, response and recovery. Brisbane/Blair/ Brisbane Valley Flood Collaborative regional project that will in- Brisbane City $98,500 No Oxley Drainage Minimisation volve undertaking a flood study of the Bris- Council Study bane River catchment area. This study pro- vides an ideal opportunity for Federal, State and Local Governments and SEQ Water to work together to optimise the operations of dams so that the significant damage that can occur from flood events is minimised.
QUESTIONS ON NOTICE
152 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Bruce/Issacs Greater Dandenong Flood study of the Greater Dandenong mu- City of Greater $50,000 No flood study nicipality. Dandenong Calare/Parkes Disaster risk manage- Preparation of disaster risk management Parkes Shire $85,500 No ment plans plans for each local government area within Council CENTROC (Bathurst Regional, Blayney, Cabonne, Cowra, Lachlan, Lithgow, Forbes, Mid Western, Oberon, Orange, Parkes, Weddin, Wellington). Capricornia Dawson Highway - Replacement of the existing lower level Department of $250,000 No Kianga Creek Bridge timber bridge at Kianga Creek with a 130 Main Roads metre long concrete bridge providing two traffic lanes and associated approach road- works. This will mean that the Moura community will not be isolated except in extreme flooding events significantly be- yond a once in 50 year flood event. Capricornia Alpha Town Flood Identify, analyse and evaluate the impact of Jericho Shire $23,333 No Mitigation Study flood events on the township of Alpha and Council will investigate the costs and benefits of various mitigation options. Capricornia/ Flinders Highway - Resurface the existing crossing at Southern Department of $95,000 No Kennedy Southern Cross Flood- Cross Floodway to increase the crossings Main Roads way resilience to water inundation from flood- ing.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 153
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Capricornia/ Clermont-Alpha Road - Construct earth levees upstream to channel Department of $123,000 No Maranoa May Creek Approaches floodwaters to the creek and to culverts to Main Roads allow the road at May Creek to withstand scouring by floodwaters and still remain passable. Cowan Community and Fire Conduct Community and Fire Safety educa- City of Wanneroo $3,040 No Safety education days tion days in Emerald Valley, Carabooda and Seatrees Estate, Two Rocks to raise com- munity awareness about bushfires. Cowper Upper Kalang River Flood study of the Upper Kalang River Bellingen Shire $25,000 No flood study including Brierfield, Sunny Corner, Scotch- Council man, Kooroowi and Kalang. Cowper Dorrigo flood study Flood hazard and risk study for Dorrigo Bellingen Shire $25,000 No township. Council Cunningham Bushfire asset protec- Establishment of asset protection zones Wollongong City $360,000 No tion zones along the urban - bushland interface of the Council Wollongong local government area. Cunningham Towradgi Creek - foot- Raising of the Coolong Crescent footbridge Wollongong City $83,333 No bridge at Coolong in Wollongong to increase the waterway Council Crescent capacity and reduce flood levels upstream. Cunningham Hewitts Creek - sedi- Construction of a sediment basin at Hobart Wollongong City $60,000 No ment basin at Hobart Street, Wollongong to prevent culverts and Council Street bridges becoming blocked with debris dur- ing floods.
QUESTIONS ON NOTICE
154 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Cunningham Hewitts Creek - flow Construction of an overland flow path to Wollongong City $15,000 No path at the Esplanade relieve trapped floodwaters that collect in a Council low point in the Esplanande, Wollongong. Cunningham/ Floodsafe guides for Production of locally-customised FloodSafe NSW State Emer- $30,000 No Lyne/Calare/ NSW communities gudes for 6 flood affected NSW communi- gency Service Farrer ties (Wollongong, Taree, Wingham, Har- rington/Coopernook, Georges River (Syd- ney), Bathurst, Corowa). Dawson Molongle Creek Drain- Study to identify, analyse and evaluate the Bowen Shire $30,000 No age Catchment Flood effects of flooding on the Molongle Creek Council Study catchment and will involve the develop- ment of mitigation options. Denison Hobart major rivulets Installation of new flood warning system Hobart City Coun- $26,000 No flood warning and ac- instrumentation and development of flood cil tion plan action plans for Sandy Bay Rivulet, Hobart Rivulet and New Town Rivulet. Denison/Bass/ Urban landslide hazard Landslide hazard maps of Hobart, Mineral Resources $81,992 No Braddon maps Launceston and the northwest coast area Tasmania between Burnie and Devonport.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 155
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Dickson Pine Rivers Bushfire Purchase pilot subscription to AGRECON Pine Rivers Shire $2,000 No AGRECON internet-based satellite remote sensing site Council which will allow Council to determine soil moisture vegetation type and dryness of vegetation, and assist Council to allocate fire mitigation resources. The use of AGRECON forms part of the Council’s Bushfire safe project which is a holistic approach to bushfire mitigation. Dickson Pine Rivers - Bushfire Purchase hardware, software and training Pine Rivers Shire $5,000 No Resource Mapping for the set up of a GIS/GPS system capable Council of mapping fire related geo-spatial informa- tion. This equipment will allow the map- ping of asset protection zones on managed land, accessible fire fighting water supplies on managed land, fire trails on public and private land, possible helicopter landing areas as well as the creation of registers for water points, fire trails and asset protection zones on crown and council public land. Dickson Terrors Creek Flood Identify, analyse and evaluate flood mitiga- Pine Rivers Shire $13,333 No Mitigation Project tion options for Terrors Creek to find a pre- Council ferred scheme to reduce the impact of flooding in Dayboro.
QUESTIONS ON NOTICE
156 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Dickson Extreme Flood Event Investigate, analyse and assess the effects of Pine Rivers Shire $35,000 No Modelling of the Pine extreme flood events on the Pine River and Council River and Hays Inlet Hays Inlet catchment. Develop flood inun- Catchment dation and risk hazard maps, development controls, emergency planning and flood mitigation strategies as part of this study. Dickson Pine Rivers - Bushfire Provide fire trails and asset protection zones Pine Rivers Shire $33,333 No Breaks in bushland reserves identified as being Council high and medium hazard. The project will involve identifying hazard bushland re- serves, developing reserve fire management plans and creating an asset protection zone register. Dickson Pine Rivers - Bushfire Training for Rural Fire Service personnel to Pine Rivers Shire $5,000 No Smart deliver and facilitate bushfire community Council education by each brigade undertaking 2 to 3 street meetings a year at locations identi- fied in the Bush Fire Management Plan. Dickson Pine Rivers - Bushfire Provide clear signage for all fire trails and Pine Rivers Shire $666 No Signage water points on public land areas to in- Council crease the safety and efficiency of fire fight- ing operations and maximise the response of emergency services to fires. Dickson Mt Nebo Evacuation Investigate the feasibility of providing an Pine Rivers Shire $3,333 No Area and Warning Si- evacuation area and siren warning system in Council ren Mt Nebo village.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 157
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Eden-Monaro Bushfire asset protec- Construction of asset protection zones in Greater Quean- $44,166 No tion zones high risk areas including the eastern es- beyan City Coun- carpment of Queanbeyan and Mount Jer- cil rabomberra to enhance the safety of resi- dents in these areas. Eden-Monaro Community vulnerabil- Detailed community vulnerability assess- Greater Quean- $3,333 No ity study ment of the urban and semi rural areas sur- beyan City Coun- rounding Queanbeyan, rural villages of cil Bungendore, Captain’s Flat and Braidwood and surrounding rural areas. Fairfax Fire Management Plans Develop site specific fire management Noosa Shire Coun- $21,667 No in Noosa Shire Council plans for 10 coastal bushland reserves under cil coastal bushland re- Council management having the highest serves bushfire hazard rating. Fairfax/Fisher Maroochy Flood Miti- Produce a database of flood damage curves Maroochy Shire $13,333 No gation Study and link to GIS systems to derive potential Council flood damage costs for the Shire. This in- formation would contribute to prioritising flood mitigation strategies across the Shire. Fairfax/Fisher Maroochy Flood Miti- Purchase two-dimensional hydraulic model- Maroochy Shire $8,333 No gation Software ling software (Water Ride), installation Council costs, training and data population to under- take analyses arising in the previously ap- proved Maroochy River Flood Study.
QUESTIONS ON NOTICE
158 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Fairfax/Fisher Maroochy Flood Miti- Identify locations and install additional Maroochy Shire $62,500 No gation Warning System rainfall and stream gauges. A central re- Council cording system backup for the flood emer- gency centre which houses the flood moni- toring central computer system will also be purchased. Farrer Edward-Wakool Rivers Floodplain risk management study and plan Department of $140,000 No (Deniliquin to Liewah) of the Edward-Wakool Rivers floodplain Infrastructure, floodplain risk man- from Deniliquin to Liewah Station. Includes Planning and agement study and plan the towns of Deniliquin, Wakool, Mou- Natural Resources lamein and Barham. Farrer Implementation of rural Standardised addressing of rural properties Jerilderie Shire $18,000 No addressing in the Jerilderie local government area. Council Farrer UHF repeater upgrade - Upgrading of the UHF Repeater at Mt Tumbarumba $5,000 No Mt Youngal Youngal to improve reliability and perform- Shire Council ance. The UHF Repeater is the only form of common contact in this isolated area of Kosciuszko National Park. Flinders Acquisition of residen- Acquisition of four privately owned lots of Department of $100,000 No tial land in the Morn- land in the Mornington Peninsula National Sustainability and ington Peninsula Na- Park that are susceptible to significant wild- Environment tional Park fire threat.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 159
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Forrest Bunbury Emergency Further develop a working Emergency Risk City of Bunbury $7,500 No Risk Management, Management planning document to include Planning and Recovery a wider range of risks and treatment op- Management Project tions. A second stage will develop and in- troduce effective recovery management planning. The project will also have some applicability to neighbouring councils in the Greater Bunbury Area. Fowler Lower Prospect Creek Demolition and re-building of two proper- Fairfield City $54,000 No voluntary house raising ties in Canley Vale (4 Fraser Road and 11 Council scheme Mooore Street) subject to flooding from Prospect Creek. Fowler Canley Heights over- Detailed overland flood hazard and risk Fairfield City $30,000 No land flood study study for the suburbs of Canley Vale and Council Canley Heights. Franklin Meehan Range bushfire Bushfire management study of the Meehan Clarence City $15,000 No study Range region including the towns of Risdon Council Vale and Cambridge. Franklin Geeveston floodplain Floodplain mapping of the Kermandie Huon Valley $17,333 No mapping River at Geeveston. Council Gilmore Shoalhaven coastal Preparation of detailed coastal hazard stud- Shoalhaven City $150,000 No hazard studies and ies and management plan for the Shoal- Council management plan haven coastline.
QUESTIONS ON NOTICE
160 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Gilmore Emergency risk man- Development of an emergency risk man- Shoalhaven City $10,000 No agement plan agement plan for the Shoalhaven local gov- Council ernment area. Gilmore Flood alert system - St Extension of the Shoalhaven River flood Shoalhaven City $20,000 No Georges Basin alert system to include St Georges Basin Council (installation of additional rainfall and river recorders). Greater Perth Visual determination of Develop a manual to identify the fuel load Fire and Emer- $11,760 No and South West fuel loads of various vegetation types in the northern gency Services Corner jarrah forest rural / urban interface, Swan Authority of WA electorates Coastal Plain, Geraldton Sand Plain and the Leuwin Ridge. Greater Perth Disaster mitigation Update and validate the Greater Perth build- Department of $49,000 No electorates support data - building ings footprints dataset. Land Information footprints dataset Greater Sydney Community Fire Unit Establishment of 15 community fire units in NSW Fire Bri- $250,000 No electorates Program Sydney and surrounds to promote commu- gades nity safety and awareness and enable com- munities to deal with bushfire risk at the local level. Grey Oodnadatta Airport Upgrade the Oodnadatta airport for 24-hour Outback Areas $92,000 No Upgrade all-weather access (repair runway, seal Community De- apron and taxiways, and replace lighting). velopment Trust
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 161
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Groom Toowoomba Escarp- Acquisition of land and the construction of Toowoomba City $240,000 No ment Bushfire Risk fire trails to substantially reduce the threat Council Mitigation Project of wildfire in escarpment bushland parks and adjoining land to provide increased capacity for fire mitigation and contain- ment. Gwydir Emergency risk man- Emergency risk management study of natu- Coonamble Shire $6,000 No agement study ral hazards in the Castlereagh River Catch- Council ment centred on Coonamble. Gwydir Coonamble levee bank Audit to confirm both the height and struc- Coonamble Shire $36,666 No audit tural adequacy of the Coonamble levee Council bank. Gwydir Rural addressing of Addressing of rural properties in Coonam- Coonamble Shire $35,000 No Coonamble Shire ble Shire consistent with Australian stan- Council dards and the rest of NSW. Gwydir Narrabri-Wee Waa Investigation of works and modifications Department of $90,000 No floodplain management required for the management of floodwaters Infrastructure, remedial works inves- in and around Wee Waa. Planning and tigation Natural Resources Gwydir Emergency risk man- Emergency risk management study of natu- Gunnedah Shire $12,000 No agement study ral hazards in the Namoi River Catchment Council centred on Gunnedah.
QUESTIONS ON NOTICE
162 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Gwydir Rural addressing and Standardised addressing and geocoding of Wellington Coun- $40,000 No geocoding in Welling- rural properties in the Wellington local gov- cil ton ernment area. Gwydir/New FloodSafe guides - Production of locally-customised FloodSafe NSW State Emer- $20,800 No England/ central and north west gudes for 11 flood affected communities of gency Service Parkes NSW central and north west NSW (Narrabri, Wee Waa, Wellington, Warren, Dubbo, Gunne- dah, Quirindi, Manilla, Moree/Pallamallawa, Mungindi and Tam- worth). Herbert Upgrade of Special Upgrading of the Assembly Hall of Ignatius Townsville City $30,070 No Needs Evacuation Cen- Park Christian Brother Secondary College Council tre for Townsville and which has been identified as the evacuation Thuringowa centre for residents and staff that may need to be evacuated in a natural disaster event from their beachside Aged Peoples Nursing Home. The works required to the building include the upgrade of the switchboard and other ancillary electrical work so that power can be supplied by a generator, the installa- tion of supermesh screens to windows and the upgrading of power to the kitchen.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 163
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Hindmarsh Adelaide Airport Drain Enlarge the Adelaide Airport Drain from City of West Tor- $752,000 No Upgrade May Terrace to West Beach Road and un- rens dertake associated works to cater for in- creased flows in the drain. These works will improve e drainage and reduce flood risk to both upstream and downstream suburbs, and to Adelaide Airport. Hughes/ Landslide and flood Improve landslide hazard and risk assess- RailCorp NSW $200,000 No Cunningham risk and hazard man- ment and management along the South agement along the Coast rail corridor through enhanced moni- South Coast rail corri- toring and prediction methods. dor Hume Wollondilly River and Voluntary purchase of flood prone proper- Greater Argyle $200,000 No Mulwaree Chain of ties in Goulburn. Council Ponds flood mitigation measures Hunter Building community Development of a community education Hunter-Central $53,000 No capacity for flood strategy and campaign for Maitland and Rivers Catchment safety in Maitland and other flood-affected towns in the Hunter Management Au- the Hunter Valley Valley to increase community awareness thority and understanding of flood risk.
QUESTIONS ON NOTICE
164 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Hunter/ Emergency risk man- Develoopment of a combined emergency Lower Hunter $45,000 No Paterson agement plan risk management plan for the Cessnock, Emergency Man- Dungog, Maitland and Port Stephens local agement Commit- government areas. tee Hunter/ FloodSafe guides for Production of locally-customised FloodSafe NSW State Emer- $12,300 No Paterson the NSW Hunter Valley gudes for 11 flood affected communities in gency Service Gywdir/New the NSW Hunter Valley (Maitland, Ray- England/ mond Terrace, Singleton, Denman, Murru- Newcastle rundi, Scone, Muswellbrook, Dungog, Ab- erdeen, Hexham, Goulburn River). Indi Fifteen Mile Creek Floodplain and avulsion management study North East Catch- $48,000 No Floodplain Manage- of Fifteen Mile Creek from Glenrowan to ment Management ment and Avulsion Wangaratta. Authority Management Study (Stage 2) Kalgoorlie Ponton Creek Cause- Upgrading of the Ponton Creek causeway City of Kalgoorlie- $5,000 No way, Trans Access on the Trans Access Road to minimise fu- Boulder Road (design only) ture damages and improve access to numer- ous pastoral stations in the Rawlinna area and the Tjuntjtuntjarra Aboriginal Commu- nity.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 165
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Kalgoorlie FESA Indigenous Establish a Community Risk Management Fire and Emer- $63,970 No Community Risk Man- position to implement the Indigenous Emer- gency Services agement Officer gency Risk Management Training Package, Authority of WA which will deliver training and complete risk assessments within high risk remote Indigenous communities in the Pilbara and Kimberley. Kalgoorlie North West Coastal Reinstate and improve the North West Main Roads West- $800,000 No Highway - Robe River Coastal Highway at Robe River which was ern Australia flood mitigation works severely damaged in March 2004 as a result of tropical cyclone Monty and subsequent flooding. Works include floodway upgrades and road protection works, bridge widening and strengthening. Kalgoorlie Nanutarra - Munjina The Nanutarra-Munjina Road was damaged Main Roads West- $125,000 No Road. Floodway and by extensive flooding as a result of tropical ern Australia bridge damage mitiga- cyclone Monty in March 2004. Reinstate- tion works (Gascoyne ment works have been completed but im- Region) provements are required to prevent similar damage in future events. Works include floodway upgrades and road protection works, reconstruction and upgrading of the Duck Creek and Beasley River bridges. Kalgoorlie Onslow evacuation Construct a purpose built evacuation centre Shire of Ashburton $200,000 No centre in Onslow.
QUESTIONS ON NOTICE
166 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Kennedy Atherton Tablelands Fire hazard mapping, mapping of fire tracks Atherton Shire $55,457 No Wildfire Mitigation and fire breaks, development of a mobile Council Project solution for controlled burns and responses to incidents, and the establishment of a cen- tral data warehouse for the Atherton Table- lands. Kennedy Burke Developmental Upgrading of the existing floodway from Department of $250,000 No Road - Trimbles Cross- Whip Handle grid to Trimble’s Crossing Main Roads ing to Whip Handle (109km west of Chillagoe) which will im- prove all weather access and reduce the time of closure on the access route into this region during flood events. Kennedy Burke Developmental Install culverts on a skewed alignment to Department of $150,000 No Road - Gilbert River prevent damage that is currently being Main Roads Culverts caused during flood events. Kennedy/ Western Road Condi- Supply and install 4 road condition signs at Department of $151,000 No Herbert tion Signage key locations (3 at Charters Towers and 1 at Main Roads Townsville). These signs will provide in- formation to motorists so they can make informed decisions with regard to travel plans. Information displayed will include road closures and load restrictions. Leichhardt North Qld Strategy Study major Gulf and Peninsula roads to Department of $40,000 No Report into a Natural identify low lying sections subject to fre- Main Roads Disaster Mitigation quent inundation, and to develop, cost and Program prioritise cost effective remedial works.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 167
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Leichhardt Peninsula Developmen- Replace the existing bed level crossing and Department of $125,000 No tal Road - Carroll steep approaches at Carroll Creek (16kms Main Roads Creek crossing south of Musgrave) with a higher level drainage structure. This will improve all weather access and reduce the time of clo- sure on the only road access route into this Queensland region. Leichhardt Peninsula Developmen- Replace the existing bed level crossing and Department of $125,000 No tal Road - Unnamed steep approaches at Unnamed Creek Main Roads Creek crossing (10.7kms south of Musgrave) with a higher (Ch149.6 km) level drainage structure. This will improve all weather access and reduce the time of closure on the only road access route into this Queensland region. Leichhardt Peninsula Developmen- Replace the existing bed level crossing and Department of $62,500 No tal Road - Red Blanket steep approaches at Red Blanket Creek Main Roads Creek crossing (12.1kms south of Musgrave) with a higher level drainage structure. This will improve all weather access and reduce the time of closure on the only road access route into this Queensland region.
QUESTIONS ON NOTICE
168 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Leichhardt Peninsula Developmen- Replace the existing bed level crossing and Department of $250,000 No tal Road - 10 Mile steep approaches at 10 Mile Creek (16kms Main Roads Creek crossing north of Musgrave) with a higher level drainage structure. This will improve all weather access and reduce the time of clo- sure on the only road access route into this Queensland region. Lyne Floodplain terrain Floodplain terrain modelling of the Greater Greater Taree City $33,000 No modelling Taree area using airborne laser scanning. Council Lyne Wrights Creek flood Detailed flood study and management plan Hastings Council $22,000 No study and management for Wrights Creek, Port Macquarie. plan Lyne Improved flood access Feasibility study, preliminary design and Hastings Council $10,000 No for Dunbogan - feasi- analysis of two options to improve road bility study access to and from Dunbogan during flood- ing (ie. raise existing road or construct an alternate access route). Lyne/Richmond Camden Haven flood Establishment of flood markers in Camden Hastings Council $8,000 No markers Haven to raise community awareness and improve flood warning. Lyons Lower George flood Rock armouring protection works on a bend Break O’Day $98,000 No mitigation project of the George River north of St Helens. Council
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 169
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Lyons Styx River slip road Feasibility study to consider options for an Derwent Valley $3,333 No study alternative access route to the Bushy Park Council community during times of water inunda- tion of the Styx River Bridge and its ap- proach roads. Mackellar Avalon detention basin Construction of a detention basin at Avalon Pittwater Council $80,000 No Golf Course near The Crescent to reduce effects of Careel Creek flooding on Avalon shops and downstream residences. Mackellar Howell Close detention Investigation and feasibility of flood protec- Pittwater Council $53,333 No basin and North Arm tion works within the Newport Beach catch- flood bypass ment. Works include a detention basin near Howell Close, flood bypass tunnel and im- provements to flowpaths along North Arm. Mackellar Urban disaster-ready Flood education and awareness programme Pittwater Council $15,000 No awareness programme for the Pittwater local government area focussing on the Newport Beach catchment. Mackellar South Creek flood plain Preparation of a floodplain risk manage- Warringah Council $25,000 No risk management study ment study and plan for South Creek, Cro- and plan mer.
QUESTIONS ON NOTICE
170 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Mackellar Fire regime manage- Preparation of fire regime management Warringah Council $30,000 No ment plans plans for 7 bushland reserves (Allenby Park, Beacon Hill; Dee Why Lagoon Wild- life Refuge; Jamieson Park, Narrabeen; Manly Dam, Manly Vale; JJ Melbourne Hills Memorial Reserve; Forestville Park, Forestville; Anembo Reserve, Duffys For- est). Maranoa Erosion of Burke River Study into the river system and methods of Boulia Shire $40,000 No Bank (Bedourie-Boulia management for the prevention and control Council Road) of erosion and the construction of erosion control structures. Maranoa Diamantina Develop- Installation of concrete margins on the Department of $250,000 No mental Road - Quilpie- downstream side of the road on flood prone Main Roads Windorah Flood Miti- sections and on the upstream and down- gation stream sides of floodways, bridges and cul- verts which are more prone to higher veloc- ity and quantities of water near the major waterways. Maranoa/ Diamantina Develop- Add additional culvert cells and raise the Department of $250,000 No Kennedy mental Road - Lower road embankment level by approximately Main Roads (in- Limestone Creek cul- one metre, 8.1-8.8 km north of Boulia, to conjunction with verts improve flood immunity and trafficability. Boulia Shire)
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 171
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Mayo Upper Onkaparinga Following on from the Upper Onkaparinga Onkaparinga $25,000 No Flood Risk Assessment Floodplain Mapping Study, undertake de- Catchment Water and Strategic Options tailed flood risk assessments, and develop Management Study strategic treatment options. Board Mitchell/ Bushfire incident con- Creation of bushfire incident control lines Baulkham Hills $45,000 No Parramatta trol lines in Excelsior Reserve (Bidjigal), Fred Cater- Shire Council son Reserve, Hunts Creek Reserve, Glen- haven corridors and Toongabbie Creek cor- ridors to offer protection to homes, commu- nity facilities and infrastructure bordering on these reserves. Mitchell/ Flood Safe: Building Flood awareness programme for residents Upper Parramatta $30,000 No Parramatta Support of the Local of central western Sydney including Baulk- Catchment Trust Council and Commu- ham Hills, Blacktown, Holroyd and Par- nity ramatta. Murray Lower Goulburn Relocation of levees that are causing hy- Department of $250,000 No Floodplain Rehabilita- draulic constriciton and/or are too close to Sustainability and tion project the river banks. Environment Murray Numurkah floodplain Floodplain management study of Numurkah Moira Shire Coun- $27,500 No management study township. cil Murray Torrumbarry Gunbower Floodplain risk management study of the North Central $12,000 No floodplain risk man- River Murray between Torrumbarry and Catchment Man- agement study Gunbower. agement Authority
QUESTIONS ON NOTICE
172 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding New England Peel River floodplain Remodelling of the Peel River floodplain to Tamworth Re- $10,000 No remodelling provide a more accurate picture of the gional Council floodplain following the construction of several mitigation measures. New England Tamworth flood warn- Upgrade of the Tamworth flood warning Tamworth Re- $65,000 No ing system - ALERT system to an ALERT system (installation of gional Council upgrade software and radio telemetry). New England Kootingal flood station Installation of an additional river station on Tamworth Re- $15,000 No the Cockburn River at Kootingal. gional Council New England Nundle flood and Preparation of a flood and floodplain risk Tamworth Re- $13,333 No floodplain risk man- management study of Nundle for the future gional Council agement study development of a floodplain risk manage- ment plan. New England Woolomin village flood Preparation of a flood and floodplain risk Tamworth Re- $11,666 No and floodplain risk management study of Woolomin village for gional Council management study the future development of a floodplain risk management plan. NSW (state- NSW Flood Database Feasibility and scopying study to determine Department of $20,000 No wide) (Stage 1 - feasibility the most appropriate and cost effective GIS Infrastructure, and scoping study) based flood database system for NSW. Planning and Natural Resources NSW (state- NSW Coastal Hazard Development of a consolidated electronic Department of $40,000 No wide) Definition Database database containing coastal hazard data for Infrastructure, (Stage 1 - archive and NSW. Planning and preparation of elec- Natural Resources tronic database)
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 173
Federal Project Purpose Key Proponent Approved Completed Electorate Funding NSW (state- Many Languages - Translation of existing English language NSW Department $14,195 No wide) disaster recovery in- brochures detailing disaster recovery ser- of Community formation for culturally vices in NSW into Arabic, Chinese, Croa- Services and linguistically di- tian, Macedonian, Turkish and Vietnamese. verse communities NSW (state- Emergency manage- Production of a guide to assist animal hold- NSW Department $13,750 No wide) ment defensive and ing establishments such as veterinary clin- of Primary Indus- evacuation planning for ics, horse studs, boarding kennels and cat- tries animal holding estab- teries develop defensive and evacuation lishments plans. NSW (state- Fire trail register Enhancement of the Bushfire Risk Informa- NSW Rural Fire $70,000 No wide) tion Management System (BRIMS) to in- Service clude a fire trail register. NSW (state- Bushfire hazard and Research and development of an enhanced NSW Rural Fire $15,000 No wide) risk assessment meth- methodology for bushfire hazard and risk Service odology study assessment. NSW (state- Improvement of flood Further development of an enhanced flood NSW State Emer- $11,666 No wide) warning effectiveness intelligence system to improve the under- gency Service standing and effectiveness of flood warning predictions - Statewide extension of a pilot programme conducted in the Georges River Valley.
QUESTIONS ON NOTICE
174 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding NSW (state- AGS Landslide Task- Development of guidelines for landslide Sydney Coastal $100,000 No wide) force guidelines hazard zoning and management and main- Councils Group tenance of properties subject to landslide hazard. NSW (state- AGS Landslide Risk Development of guidelines (practice note) Sydney Coastal $20,000 No wide) Management Practice for landslide risk assessment and manage- Councils Group Note ment of proposed development in landslide prone areas. NSW Eastern Emergency response Development of local emergency response NSW Department $29,753 No Seaboard plans for hobby farmers plans for communities of hobby farmers of Primary Indus- Electorates and rural residential and rural residential landholders (pilot pro- tries landholders gramme in the North Coast, South Coast, Hunter, Western Sydney and Southern Syd- ney/Southern Highlands regions). O’Connor Wagin floodplain man- Identify, analyse and evaluate the risks to Department of $15,000 No agement study the community associated with flooding in Environment Wagin township, and develop a Flood Man- agement Plan. O’Connor Bushfire Build Safe Conduct the 2004 Bushfire Build Safe Shire of Denmark $2,700 No Seminar 2004 Seminar in Denmark. The seminar is in- tended to increase knowledge about build- ing requirements and standards in bushfire prone areas and encourage better building design and location.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 175
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Oxley/Blair Ipswich City Council - Expansion of the Council’s GIS to include Ipswich City $15,000 No Enhancement of GIS disaster management issues. This will in- Council for Natural Disaster volve adding records of the current Counter Management Disaster Committee and the new Local Dis- aster Management Group to the GIS. These will include the locations and capability of all emergency response resources, commu- nity resources and records of jobs under- taken in response to natural disaster events. Oxley/Blair Ipswich City Council - Prepare the Ipswich Disaster Mitigation Ipswich City $5,000 No Preparation of Local Plan, incorporating a number of the disaster Council Disaster Management mitigation and preparedness treatment Plan strategies contained within the Ipswich Natural Disaster Mitigation Plan, as well as reviewing the operational components of the current Ipswich Counter Disaster Plan.
QUESTIONS ON NOTICE
176 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Oxley/Blair Ipswich City Council - Upgrade two sections of gravel road which Ipswich City $180,000 No Gravel Road Upgrade have suffered significant damage on a re- Council curring basis as trial projects. The proposed treatments will comprise various forms of protection to the downstream face of road embankment and other ancillary works to reduce overtopping impacts. The two loca- tions will enable subsequent decisions to be made about the most cost effective treat- ment and its wider application throughout the City. Oxley/Blair Flood forecasting sys- Purchase of hardware and software to cap- Ipswich City $20,000 No tem for Ipswich ture information from the Bureau of Mete- Council orology’s (BOM) ALERT warning stations together with real time data verification, and develop a flood forecasting model based on the existing RAFTS hydrological model. This information will allow more detailed and earlier information regarding flood forecasting than is possible from the BOM warnings alone in order to assist with decisions as to activation of the Local Dis- aster Plan.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 177
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Page Coastal zone manage- Preparation of a management plan to ad- Ballina Shire $53,300 No ment study and plan dress the threat of coastal erosion caused by Council severe storms and cyclones to communities at Lennox Head and Patches Beach. Page Ardent Street drain Rehabilitation of the Ardent Street drain Clarence Valley $30,000 No outlet rehabilitation outlet to ensure the integrity of the South Council Grafton levee system. Page Emergency risk man- Development of an emergency risk man- Lismore City $20,413 No agement plan agement plan for the Lismore local gov- Council ernment area (including villages, urban areas and rural land sharing communities). Page Richmond River flood- Identification and mapping of high risk Richmond River $31,333 No plain study flood affected rural areas in the Richmond County Council River floodplain. Includes incorporation of data into a GIS system. Page Emergency risk man- Development of an emergency risk man- Richmond Valley $7,000 No agement plan agement plan for the Richmond Valley local Council government area.
QUESTIONS ON NOTICE
178 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Page Flood emergency man- Implementation of mitigation measures Richmond Valley $100,000 No agement project identified in the Casino and Mid Richmond Council floodplain risk management study and plans. Includes flood warning, emergency planning and community awareness pro- grammess for Casino, Coraki, Woodburn, Rileys Hill and Broadwater. Parkes Emergency risk man- Emergency risk management study of natu- Central Darling $8,325 No agement study ral hazards in the Central Darling local Shire Council government area. Includes the towns of Wilcannia, Menindee, Ivanhoe and White Cliffs. Parkes Emergency risk man- Emergency risk management study of natu- Dubbo City Coun- $12,000 No agement study ral hazards in the Macquarie River Catch- cil ment centred on Dubbo. Parkes Aerial photographs and Aerial photographs of the Forbes local gov- Forbes Shire $26,366 No GIS mapping ernment area for inclusion into Council’s Council GIS mapping system improving the man- agement of future flood events. Parkes Rural flood study of the Detailed flood study of the rural areas sur- Lachlan Shire $20,000 No Lachlan River at Con- rounding Condobolin affected by flooding Council dobolin from the Lachlan River. Parkes Emergency risk man- Emergency risk management study of natu- Narromine Shire $10,000 No agement study ral hazards in the Macquarie River Catch- Council ment centred on Narromine.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 179
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Parramatta Toongabbie Creek Culvert modifications to improve the wa- Parramatta City $138,333 No flood mitigation works terway capacity of Toongabbie Creek at Council (Briens Road Culvert) Briens Road. Parramatta Wentworthville volun- Voluntary purchase of 2 properties in Wen- Parramatta City $280,000 No tary purchase tworthville subject to flooding from Toon- Council gabbie Creek. Paterson Bulahdelah flood warn- Installation of a new ALERT river station Great Lakes $6,075 No ing system on the Myall River upstream from Bulahde- Council lah. Paterson Wallis Lake flood Installation of an additional water level Great Lakes $6,075 No warning system recorder on Wallis Lake to obtain true rep- Council resentation of wind/wave climate on lake. Patterson Emergency risk man- Comprehensive emergency risk manage- Gloucester Shire $39,999 No agement study and ment study and disaster mitigation strategy Council disaster mitigation for the Great Lakes, Greater Taree and strategy Gloucester region. Pearce/Forrest/ Emergency Services Create Emergency Services directories for Department of $200,000 No O’Connor directories for the Peel the Peel East, Avon South, South West Cor- Land Information East, Avon South, ner and Albany regions of WA. Information South West Corner and includes topographic, cadastral and hydro- Albany regions graphic data, power transmission lines, wa- ter and gas pipelines, roads and transmis- sion towers, etc.
QUESTIONS ON NOTICE
180 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Port Adelaide Le Fevre Peninsula Undertake a multi-hazard risk assessment City of Port Ade- $60,000 No Risk Study of the LeFevre Peninsula. laide Enfield Port Adelaide Little Para River Over- Constructi an off-take weir and associated City of Salisbury $86,000 No flow Channel works to complete the Little Para River overflow channel. Port Adelaide Parafield Airport West Enlarge and upgrade the Parafield Airport City of Salisbury $72,000 No Drain west drain to improve flow capacity and reduce flooding in the surrounding area. Queensland Bushfire Building Ma- Evaluate issues impacting on residential Department of $43,333 No (statewide) terials Research dwellings in high fire risk areas. A Fire Risk Public Works Mitigation Guide will be developed as a result of this research and will be supplied to the Housing Industry and consumers in a Web format to direct the building orienta- tion and construction of the dwelling giving consideration to local site characteristics to minimise bushfire impacts.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 181
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Queensland Scoping Study for a Identify public and private buildings in all Department of $30,000 No (statewide) Cyclone Shelter Pro- areas prone to cyclonic weather which are Public Works gram suitable and code compliant (or can be up- graded) to be used to temporarily house community members during cyclonic con- ditions. The project will also include inves- tigating the costs associated with the poten- tial construction of new buildings and the development of a strategy and implementa- tion plan for the provision of cyclone shel- ters. Queensland LGAQ Disaster Man- Conduct a study as a means to increase the Local Government $63,000 No (statewide) agement, Capability capacity of Local Government to respond to Association Development and Im- corporate planning, risk assessment and Queensland plementation Project disaster mitigation. The project will focus on the development of resources and tools shifting the paradigm from response to in- clude strategic planning for disasters and the development of frameworks for ensur- ing priority risks are assessed and funded for the best social and economic outcomes.
QUESTIONS ON NOTICE
182 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Queensland Local Government Produce purpose designed storm tide emer- Department of $47,750 No Eastern Sea- Storm Tide Mapping gency management maps to a common Emergency Ser- board Elector- Project standard for all Queensland coastal com- vices ates munities with a storm tide risk. These maps are essential to effectively prepare commu- nities for, and manage, evacuations. Queensland South East Queensland Develop and implement a strategic frame- Brisbane City $69,000 No South East Disaster Communica- work to support regionally consistent edu- Council Corner tions Project: Promot- cational and early warning strategies for Electorates ing Safe, Sustainable disaster-prone communities. It will include Communities the incorporation of the needs of all key providers and spheres of government and will address all phases of a disaster from planning and preparation to response and recovery. Richmond Cape Byron Sand Lobe Scoping study to assess the feasibility of Byron Shire $25,000 No - sand extraction feasi- extracting sand from the Cape Byron Sand Council bility study Lobe to protect beachfront property, private dwellings and public infrastructure at Byron Bay-Belongil and New Brighton from coastal erosion caused by storm events. Richmond Tweed Valley commu- Flood awareness programme for residents Tweed Shire $15,000 No nity flood awareness of the Tweed Valley. Includes a media cam- Council programme paign, installation of flood markers and preparation of pamphlets and web site.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 183
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Riverina Hillston levee (design) Design of a levee system to protect Hillston Carrathool Shire $16,000 No from flooding of the Lachlan River. Council Riverina Ardlelthan flood study Flood study of Ardlethan township and Coolamon Shire $20,000 No surrounding areas. Council Riverina Wagga Wagga levee Levee and river bank rehabilitation works Wagga Wagga $250,000 No and river bank rehabili- along the Murrumbidgee River between City Council tation works Small Street and the Wagga Wagga Tourist Information Centre to stabilise the levee and prevent failure or collapse. Riverina Eastern Industrial levee Study to assess the feasibility and environ- Wagga Wagga $20,000 No - feasibility and envi- mental impact of the construction of East- City Council ronmental assessment ern Industrial levee. Robertson Rainfall data collection Installation of up to 14 automatic rainfall Gosford City $23,225 No system stations throughout the Gosford City area Council from Wamberal in the north to Patonga in the south. Robertson Terrigal Grassland Ave- Flood mitigation works to improve flood Gosford City $166,000 No nue Catchment flood protection for 18 residential dwellings in Council mitigation works Grassland Avenue and surrounding streets. Robertson Showground Road Voluntary purchase and demolition of 1 Gosford City $220,000 No voluntary purchase property in Gosford (162 Showground Council Road) subject to flooding from Narara Creek.
QUESTIONS ON NOTICE
184 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding South Australia Digital Elevation Develop a state wide high resolution Digital CSIRO Land and $87,000 No (statewide) Model for South Aus- Elevation Model to assist in identifying and Water tralia modelling risks to communities. South Australia Mobile Post-Disaster Undertake a feasibility study to investigate Primary Industries $3,000 No (statewide) Livestock Carcass Cre- options for a mobile stock disposal system and Resources matorium that can be employed at any site in the State South Australia after a natural disaster. South Australia Community Safety Conduct a one-day seminar in Adelaide SA Fire and Emer- $9,000 No (statewide) Facilitators Leadership involving a broad cross section of commu- gency Services Forum nity safety facilitators in South Australia to Commission develop community facilitation and en- gagement techniques. South Australia Flood Awareness, Review and update the 5-Year Flood Warn- South Australian $32,000 No (statewide) Flood Warning and ing Development Plan and prioritise re- Flood Warning Response in South Aus- quired improvements. Consultative Com- tralia mittee Tasmania Bailey Bridge stock Upgrading of existing Bailey Bridge stock Department of $20,000 No (statewide) upgrade and purchase of additional components to Infrastructure, provide temporary crossings when perma- Energy and Re- nent bridges are lost due to flood or bush- sources fire. Tasmania Disaster Alert - com- Development of a natural disaster hazard Department of $33,000 No (statewide) munity warning and website providing Tasmanian’s with up to Police and Public information web site date information about current events (na- Safety ture, severity, geographical location, road closures, etc).
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 185
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Tasmania Engaging the Commu- Statewide strategy to improve community Tasmanian Flood $6,667 No (statewide) nity - Floods and You awareness and preparedness for floods. Warning Consulta- Focuses on high flood risk areas of the tive Committee State. Tasmania Forging Links - Emer- Printing and distribution of the Forging Tasmanian State $5,560 No (statewide) gency Management and Links - Emergency Management and Local Emergency Ser- Local Government Government information kit to all local vice and Local governments in the State. Govt Assoc of Tasmania Victoria (state- Victorian Flood Data Updating of the Victorian Flood Data data- Department of $28,000 No wide) dataset infill project set to include details of recently completed Sustainability and flood related studies. Environment Victoria (state- Fire mitigation through Development of a community education Department of $420,000 No wide) community partner- and engagement strategy for bushfire man- Sustainability and ships agement. Environment Victoria (state- Fire access roads Three-year project to upgrade some 4,800 Department of $373,300 No wide) kms of critical roads and tracks in parks and Sustainability and forests for use in fire prevention and fire Environment management activities. The project will target roads in the State’s highest bushfire risk areas - Otways, Dandenongs and Mac- edon area.
QUESTIONS ON NOTICE
186 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Victoria (state- Flood risk review for Study to identify all caravan/camping parks North East Catch- $20,000 No wide) Victorian caravan parks at risk from flooding in Victoria and de- ment Management velop approaches, including appropriate Authority planning controls, to mitigate the effects of flooding in such areas. Wakefield Adams Construct flood mitigation dams in Adams City of Playford $168,000 No Creek/Edinburgh Parks Creek adjacent to Gooronga Drive and Flood Mitigation Dams Turner Drive, Edinburgh Parks. Wakefield Flood and Fire Mitiga- Conduct one bushfire and two flood risk Goyder Regional $80,000 No tion in Goyder assessment studies (Council-wide and at Council Burra), develop a flood data base to identify vulnerable properties, and undertake chan- nel improvement works in Eudunda. Wannon Floodplain manage- Preparation of a floodplain managagement Warrnambool City $27,500 No ment plan for Russel plan for Russel Creek and the Merri River Council Creek and Merri River at North Warrnambool. Warringah Mitigation measures Implementation of high priority mitigation Manly Council $33,333 No addressing coastal haz- measures addressing coastal hazards in the ards Manly local government area. Warringah Geotechnical survey of Detailed geotechnical assessment of coastal Manly Council $6,500 No public lands affected by hazards in the Manly local government area coastal hazards to determine suitable management strate- gies. Western Real-time burnt area Undertake satellite mapping of flooded or Department of $110,000 No Australia (state- and flood mapping burnt areas across Australia for improved Land Information wide) emergency management.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 187
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Western Remote sensing tech- Undertake scoping study to examine and Department of $100,000 No Australia (state- nologies for flood risk prototype the application of remote sensing Land Information wide) management technologies to complement existing flood monitoring and warning systems. Western Spatial information for Establish direct access to key spatial infor- Department of $133,000 No Australia (state- emergency manage- mation in a readaily accessible form from Land Information wide) ment various sources across government for emergency mitigation. Western Towards a National Undertake scoping and costing for the es- Department of $40,000 No Australia (state- Bushfire Warning and tablishment of a national system to access Land Information wide) Management System digital spatial information data to facilitate bushfire mitigation and response. The pro- ject will initially provide a single point of access to the currently available different operational systems but ultimately unify these systems to create a more robust, na- tional-scale operational system able to deal with large, national emergencies and asso- ciated high demand for information based on near real-time satellite observations.
QUESTIONS ON NOTICE
188 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Western Profiling of bushfire Research into the profile of bushfire arson- Fire and Emer- $20,750 No Australia (state- arsonists in Western ists to improve community targeted arson gency Services wide) Australia reduction activities. Authority of WA Western Planning for Bushfire Enhance the ‘Planning for Bushfire Protec- Fire and Emer- $33,100 No Australia (state- Protection tion’ land development and bushfire protec- gency Services wide) tion guide, and identification of building Authority of WA protection zone dimensions.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 189
Aeronautical Training (Question No. 191) Senator Mark Bishop asked the Minister representing the Minister for Transport and Re- gional Services, upon notice, on 17 December 2004: (1) (a) What is the current annual budget of the Tamworth Aeronautical College; and (b) from what sources are funds provided. (2) What is the current level of cost recovery by way of fees and other contributions from industry. (3) Do any industry participants provide funds, scholarships or make other contributions in cash or in kind; if so, what are they. (4) How many students are currently enrolled at the end of 2004. (5) What is the current drop-out rate for 2004. (6) What capital contributions were made to establish the school by the Commonwealth and others. (7) (a) How was Tamworth chosen as the site; (b) what other sites were considered; (c) why were other sites deemed to be unsuitable; and (d) who made the final decision and when. (8) What other qualifications beyond courses completed at the school are required to obtain a licensed aircraft engineer’s certificate. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: (1) to (3) The Australian Pacific Aeronautical College Incorporated (APAC) is an incorporated associa- tion registered with the New South Wales Department of Fair Trading that has been established as a non-profit organisation. APAC have indicated that the detailed financial information sought is commercially sensitive, however I can advise that, in addition to fees paid, - The Australian Government contribution is $4,100,000 over 4 years; - Eastern Australia Airlines and BAE Systems contributed around $500,000 in cash and/or kind in the first year (2001), and around $250,000 in total in subsequent years; - Tamworth City Council contributed $1,000,000 in cash and/or kind in the first year and around $100,000 per year thereafter. (4) ENROLMENTS – 2004 COURSE ENROLMENTS 1265 AEROSKILLS 61 1290 AVIATION - AIRCRAFT OPERATIONS 6 7122 AEROSKILLS (MECHANICAL) 42 7123 AEROSKILLS (AVIONICS) 14 7125 AEROSKILLS (STRUCTURES) 3 7131 AEROSKILLS (AIRCRAFT MAINTENANCE ENGINEERING - 8 ME) TOTAL 134 (5) Withdrawal figures will not be available until March 2005. Preliminary figures for 2004 indicate that 2 students withdrew from courses during 2004. (6) Besides the answers noted in the answers to questions 1-3, the New England Institute of Technical and Further Education contributed in excess of $50,000 in cash for the feasibility/research into
QUESTIONS ON NOTICE
190 SENATE Tuesday, 8 March 2005
APAC, and the New England and North West Regional Development Board (NSW State Govern- ment) contributed $10,000 into the APAC feasibility study and business plan. (7) (a) to (c) In 2000, representatives from Eastern Australia Airlines (EAA) and BAE SYSTEMS’ Flying College discussed the concept of an Aeronautical college due to the shortage of qualified Aeronautical and Mechanical Engineers and Licensed Aeronautical and Mechanical Engineers. This shortage was hindering the expansion of their engineering operations in Sydney and Tam- worth. Discussions were then held with various Government bodies as to alternatives and appren- ticeships in Tamworth. This led to meetings with the New England Institute of TAFE and regional development personnel that produced a grant application to fund equipment, aircraft and renova- tions. Tamworth was the only site proposed as Tamworth Airport is the home of EAA’s major engineering and administrative operations and BAE SYSTEMS’ Flying College, which provides commercial li- cence pilot training for domestic and international airlines as well as the Australian Defence Force and Defence Forces from overseas. The airport also has a number of other general aviation- engineering firms who will require trained engineers. There are 30 aviation-engineering firms lo- cated in the New England and NorthWest regions of NSW. (d) The decision to support the proposal was announced by the Hon. John Anderson MP in a media release dated 24 August 2001. (8) To become a Licensed Aircraft Maintenance Engineer (LAME) students must pass exams set by Civil Aviation Safety Authority on basic aircraft systems, and have completed at least four years’ relevant aviation maintenance experience. APAC currently offers the Certificate IV Aeroskills in Mechanical, Avionics or Structures streams. It is necessary that one of these streams be completed (along with four years practical aviation maintenance experience) prior to sitting the CASA exams for LAME. An Aeroskills Diploma is now being developed to be delivered by APAC by June 2005. APAC plan that the Diploma in Aeroskills will cover all licensing requirements to become a LAME and will be recognised by CASA. Regional Flood Mitigation Program (Question No. 193) Senator Mark Bishop asked the Minister representing the Minister for Transport and Re- gional Services, upon notice, on 17 December 2004: (1) By electorate, what projects were approved in each of the past 2 years under the Regional Flood Mitigation Program; and (b) what was the cost of each project. (2) Which approved projects have not yet been completed. (3) What was the purpose of each approved project. (4) What are the program’s timelines for applications and approvals. (5) By electorate, which project applications were rejected. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: (1) (2) and (3) Attachments A and B provide details of projects funded under the Regional Flood Miti- gation Programme in 2003-04 and 2004-05 including those completed and the purpose of each. (4) Applications for funding under the programme in 2005-06 opened on 20 November 2004 and close on 25 February 2005. Successful projects are expected to be announced early in the new financial year. (5) No projects were rejected by the Minister for Local Government, Territories and Roads.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 191
Attachment A Federal Project Purpose Key Proponent Approved Completed Electorate Funding Blair Marburg - Black Snake Construciton of the Black Snake Creek Ipswich City $400,000 No Creek detention basin and detention basin and channel upgrade at Council channel upgrade Marburg. Braddon Latrobe flood mitigation Construction of a detention basin on Latrobe Council $54,000 No project (detention basin) Kings Creek to reduce flooding in La- trobe township. Calare Kelso voluntary purchase Voluntary purchase of some 30 residen- Bathurst City See note No tial properties on the Kelso floodplain Council in Bathurst outside of levee protected areas. Calare Bathurst - Macquarie River Construction of multiple levees, bridge Bathurst City $300,000 No levees, bridge widening and widening and channel improvements on Council channel improvement the Macquarie River at Bathurst. Calare Eugowra voluntary pur- Voluntary purchase of at least 4 resi- Cabonne Shire See note No chase dential properties located in high haz- Council ard floodway areas of Eugowra. Calare Molong voluntary purchase Voluntary purchase of 2 houses in Cabonne Shire See note No Molong. Council Calare Lithgow - Farmers Creek Improving the flood flow capacity of Lithgow City $5,000 No flood flow improvements & Farmers Creek in Lithgow. Council voluntary purchase / house raising
QUESTIONS ON NOTICE
192 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Capricornia Jericho levee Detailed design of the Jericho levee. Jericho Shire $12,000 No Council Charlton Bakers Road Detention Construciton of the Bakers Road deten- Coffs Harbour $140,000 No Basin tion basin to temporarily store flood City Council waters and reduce flood discharges and heights downstream. Cowper Palmers Island voluntary Voluntary purchase of 9 dwellings at Clarence River See note No purchase Palmers Island village on the Lower County Council Clarence River. Cowper Ulmarra - Clarence River Rock protection to the existing river Clarence River $70,000 No levee and voluntary pur- bank levee, and voluntary purchase of County Council chase properties at risk along the Clarence River at Ulmarra. Cowper Dora Creek voluntary house Voluntary house raising of at least 3 Lake Macquarie $33,333 No raising properties in the flood prone Dora City Council Creek area. Cowper Lake Macquarie voluntary Voluntary house raising of at 3 proper- Lake Macquarie $40,000 No house raising ties in the catchment area of Lake Mac- City Council quarie. Cunningham Anama Street voluntary Voluntary purchase of 16 residential Wollongong City See note No purchase (Cabbage Tree buildings in the Cabbage Tree Creek Council voluntary purchase) floodway of Fairy Meadow. Dawson Horseshoe Lagoon - chan- Channel improvements and easement Burdekin Shire $38,333 No nel improvements acquisition at Horseshoe Lagoon. Council
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 193
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Dawson Ayr, Brandon, Lilliesmere Channel improvements and installation Burdekin Shire $31,400 No Lagoon flood mitigation of an automatic control gate at Ayr, Council works (dam and channel Brandon and Lilliesmere Lagoon. improvements) Dawson Queens Beach - Don River Don River bank stabilisation works to Don River Im- $164,115 Yes bank stabilisation works protect Queens Beach from inundation. provement Trust Dawson Finch Hatton levee and Construction of a levee and overflow Mirani Shire $170,000 No overflow project path in Finch Hatton. Council Dawson Mackay - North Mackay Construction of the North Mackay Pioneer River Im- $221,025 No and South Bank levee levee and upgrading of the South Bank provement Trust levee in Mackay. Dawson Grasstree Beach - upgrad- Upgrading of Grasstree Road to pro- Sarina Shire $50,000 No ing of Grasstree Road vide a flood evacuation route for the Council township of Grasstree Beach. Dobell Killarney Vale - Wyong Raising the embankment height of an Wyong Shire $5,000 No Road retarding basin up- existing retarding basin adjacent to Council grade Wyong Road and Killarney Vale Athlet- ics Field to increase storage capacity to help reduce flooding of downstream areas. Eden-Monaro Cooma Creek channel im- Levee construction and channel im- Cooma-Monaro $40,000 No provements, levee provements along the Cooma Creek at Shire Council Cooma.
QUESTIONS ON NOTICE
194 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Eden-Monaro Reedy Creek voluntary Voluntary purchase of 3 properties in Eurobodalla Shire See note No purchase Malua Bay under the Reedy Creek Vol- Council untary Purchase Scheme. Farrer Balranald - Murrumbidgee Structural measures such as levee bank Balranald Shire $110,000 No River levee and bank reha- rehabilitation and augmentation and Council bilitation infrastructure for overland flooding control. Farrer Euston levee Rehabilitation of the existing levee Balranald Shire $135,000 No system at Euston. Council Farrer Tocumwall - Murray River Reconstruction and upgrading of the Berrigan Shire $5,000 Yes levee reconstruction levee on the Murray River at Tocum- Council wal. Farrer Deniliquin levee Upgrading and reconstruction of the Deniliquin City $333,334 No North Deniliquin and South Deniliquin Council levees. Farrer Moama - Murray River Rehabilitation of a levee bank and re- Murray Shire $50,000 Yes levee lated works on the Murray River in Council Moama. Farrer Moulamein levee Raising and strengthening of the exist- Wakool Shire $167,000 No ing Moulamein levee system. Council Forde Logan River community Logan River community flood watch Logan City Coun- $20,000 No flood watch and flood and flood awareness program. cil awareness program
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 195
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Forrest Busselton - upgrading of This project aims to increase the level Water Corporation $360,115 No flood protection (detention of flood protection for Busselton by basin network) retaining floodwaters in the upper catchment through a network of deten- tion basins. Gilmore Terara levee restoration Reconstruction and upgrading of the Shoalhaven City $73,000 No levee on the lower Shoalhaven River at Council the village of Terara. Grey Wirrabara flood mitigation Construction of three small detention District Council of $50,000 No works dams and associated works to protect Mount Remark- 21 properties in Wirrabara. able Grey Koonibba flood mitigation Construction of levee banks to protect Koonibba Abo- $108,200 No project approximately 20 properties in the low- riginal Community lying areas of Koonibba. Council Grey Yalata flood mitigation Construction of levee banks to the west Yalata Community $70,700 No works and south of Yalata to protect residen- Incorporated tial properties and infrastructure in the township. Groom Cambooya - upgrading of Upgrading of the Alfred Street low Cambooya Shire $46,667 No Alfred Street low level level floodway in Cambooya to im- Council floodway prove access and evacuation along the Toowoomba-Karara Road during flood- ing.
QUESTIONS ON NOTICE
196 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Groom Toowoomba - West Creek West Creek Flood Mitigation Scheme – Toowoomba City $34,710 No flood mitigation project channel improvements from Margaret Council to Russell Streets in Toowoomba. Gwydir North Bourke voluntary Voluntary purchase of 2 properties lo- Bourke Shire See note No purchase cated in the flood prone area of North Council Bourke village. Gwydir Coonamble levee repair Rehabilitation of a section of the Coonamble Shire $5,000 No Coonamble Levee, in the vicinity of Council Castlereagh and Macquarie Streets, at risk of failure in future floods. Gwydir Gunnedah and Carroll - Voluntary purchase of 25 houses and Gunnedah Shire See note No Namoi River voluntary voluntary house raising of 184 houses Council purchase and house raising in Gunnedah and Carroll along the Namoi River. Gwydir Mungindi levee upgrade Reconstruction and upgrading of the Moree Plains Shire $115,000 No levee on the Barwon River at Council Mungindi. Gwydir Murrurundi levee Provision of a levee (Adelaide Street Murrurundi Shire $70,000 No Levee) and voluntary purchase of two Council flood prone properties. Gwydir Narrabri voluntary purchase Voluntary purchase of approximately Narrabri Shire See note No 91 residential properties located in high Council hazard floodways of the Namoi water- way in Narrabri.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 197
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Gwydir Scone voluntary house rais- Up to 10 residences identified for vol- Scone Shire Coun- See note No ing untary house raising in Scone on the cil Parson’s Gully catchment. Herbert Kelso flood diversion Kelso Flood Diversion Scheme Stage Thuringowa City $1,266,667 No scheme 1A (open drain widening and culvert Council upgrade at Shetland Place) and Stage 2 (construction of an underground drain- age system along Ross River Road). Herbert Townsville West - flood Townsville West Flood Mitigation Pro- Townsville City $140,000 Yes mitigation project (Wool- ject Stage 1 (completion of various Council cock Canal) works along Woolcock Canal, includ- ing channel widening, to increase flow rates). Hume Stonequarry Creek Bank Improving flow characteristics of the Wollondilly Shire $10,000 No Stabilisation Works at Pic- main channel of the Stonequarry Creek Council ton at Picton by clearing vegetation and bank reshaping. Hunter Maitland voluntary pur- Voluntary purchase of 152 properties in Hunter Catchment See note No chase central Maitland and Lorn outside of Management Trust levee protected areas. Hunter Maitland levee rehabilita- Rehabilitation and strengthening of the Hunter Catchment $20,000 No tion main town levee at Maitland. Management Trust Hunter Muswellbrook voluntary Voluntary purchase of 54 properties in Muswellbrook See note No purchase high hazard zones of Muswellbrook. Shire Council
QUESTIONS ON NOTICE
198 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Indi Benalla flood mitigation The Benalla Flood Mitigation Scheme Benalla Rural City $280,000 No scheme consists of various works including Council vegetation clearance and reduction, culvert widening and installation of additional culverts. Indi Wangaratta flood mitigation The Wangaratta Flood Mitigation Rural City of $88,394 No works Scheme comprises a number of ele- Wangaratta ments. Funding will complete the fol- lowing outstanding works – Whitfield Road culvert, Sunset Drive/Three Mile Creek levee, and protection of isolated dwellings in the Ovens River valley. Kalgoorlie Carnarvon - flood mitiga- This project is aimed at implementing Shire of Carnarvon $200,000 No tion works the mitigation measures recommended in the Lower Gascoyne River - Carnar- von Floodplain Management Strategy. Major elements include flood detention embankments, a leveed floodway chan- nel and levees. Kennedy Trebonne - flood warning Installation of flood warning Alert Sta- Herbert River Im- $20,000 No system tion at Trebonne. provement Trust Kennedy Halifax levee Extension of the riverbank levee at Herbert River Im- $33,333 No Halifax to provide protection to the provement Trust southern side of the town.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 199
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Kennedy Lower Herbert River Catch- Voluntary house raising program for Hinchinbrook $140,000 No ment - voluntary house flood prone properties in the Lower Shire Council raising Herbert River Catchment. Lyne Settlement Point Bank Pro- Bank protection of the western side Hastings Council $73,333 No tection (upstream) of Settlement Point to pro- tect adjoining public infrastructure and private property. Lyne Kempsey voluntary pur- Voluntary purchase of up to 10 proper- Kempsey Shire See note No chase ties located in a high hazard floodway Council of Kempsey. Lyons Longford - South Esk River Construction of a levee at Longford Northern Midlands $116,000 No levee across the Back Creek catchment with a Council culvert and gate structure installed over the creek. Macarthur Camden voluntary purchase Voluntary purchase of 43 properties, Camden Shire See note No / house raising / flood house raising of 62 properties and flood Council proofing proofing of 56 properties in Camden on the Upper Nepean River. Maranoa Charleville and Augathella Construction of the Charleville and Murweh Shire $561,750 No levees (Warrego River) Augathella levees. Council Mitchell Baulkham Hills voluntary Voluntary purchase of 6 properties as Baulkham Hills See note No purchase part of the South Baulkham Hills Flood Shire Council Mitigation Project.
QUESTIONS ON NOTICE
200 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Murray Shepparton-Mooroopna Establishment of a flood warning sys- Greater Sheppar- $70,000 No flood warning system tem for Shepparton-Mooropna includ- ton City Council ing upgrading of stations and commu- nity awareness measures. New England Armidale - Dumaresq Creek Voluntary purchase and flood proofing Armidale Du- See note No flood proofing and volun- of properties in Armidale along the maresq Council tary purchase Dumaresq Creek and tributaries. New England King George V and Peel 18 residences to be considered for ei- Tamworth Shire See note No River voluntary purchase ther voluntary purchase or house rais- Council and house raising ing in Tamworth. New England Central Tamworth voluntary Voluntary purchase of 2 residential Tamworth Shire $50,000 No purchase properties in a high hazard flood way of Council central Tamworth. New England Taminda levee Construction of a levee to protect Tamworth Shire $500,000 No Tamworth’s main industrial area of Council Taminda and some residential proper- ties from flooding. Page Grafton Bowling Club Rehabilitation works on the levee near Clarence River $40,000 No levee the Grafton Bowling Club to provide County Council protection to the city of Grafton. Page Lismore voluntary purchase Voluntary purchase of 26 houses in Richmond River See note No North Lismore and Central Lismore County Council outside of levee protected areas.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 201
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Page Lismore levee Construction of new levees and the Richmond River $100,000 No modification of existing levees to pro- County Council tect Central Lismore (including CBD) and South Lismore. Page Casino floodplain voluntary Voluntary purchase of 12 properties and Richmond Valley See note No purchase / voluntary house house raising of a further 26 properties Council raising in Casino. Parramatta North Wentworthville vol- Voluntary purchase of 3 homes as iden- Parramatta City See note No untary purchase tified in the North Wentworthville Council Floodplain Management Plan. Paterson Gloucester voluntary pur- Voluntary raising of 18 flood affected Gloucester Shire $13,334 No chase and house raising houses and purchase of 5 isolated resi- Council dences in Gloucester’s high hazard floodplain. Richmond Murwillumbah voluntary Voluntary purchase of 15 houses in Tweed Shire See note No purchase South Murwillumbah in a high hazard Council floodway. Riverina Hay levee Rehabilitation of existing levee to pro- Hay Shire Council $5,000 No tect the town of Hay. Robertson Narara - Narara Creek, Voluntary purchase of 1 property on the Gosford City See note No Hanlan Street voluntary Narara Creek, west of Hanlan Street in Council purchase Narara. Robertson Narara - Hanlan Street Upgrade of the existing culvert in Gosford City $80,000 No South culvert upgrade Hanlan Street, Narara. Council
QUESTIONS ON NOTICE
202 SENATE Tuesday, 8 March 2005
Federal Project Purpose Key Proponent Approved Completed Electorate Funding Throsby Dapto voluntary purchase Voluntary purchase of 9 houses in the Wollongong City See note No Burringbar Street area of Dapto. Council Wakefield Gawler River flood mitiga- TheGawler River Flood Mitigation Gawler River $350,000 No tion scheme Scheme consists of a number of ele- Floodplain Man- ments including the construction of a agement Authority flood control dam on the North Para River. Wakefield Kapunda flood mitigation Flood mitigation works to formalise Light Regional $24,100 No works and realign flows from Kapunda Creek Council to protect eight properties between Mildred and Nash Streets, Kapunda. Wide Bay Gayndah - relocation of a Relocation of a flood prone house in Gayndah Shire $10,000 No flood prone house Gayndah. Council Note: Included in a NSW state wide voluntary purchase allocation of $1,035,000 Attachment B Braddon Latrobe flood mitigation Construction of a detention basin on Latrobe Council $4,500 No project (detention basin) Kings Creek to reduce flooding in La- trobe township. Calare Bathurst - Macquarie Construction of multiple levees, bridge Bathurst City $300,000 No River levees, bridge wid- widening and channel improvements on Council ening and channel im- the Macquarie River at Bathurst. provement
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 203
Calare Lithgow - Farmers Creek Improvements to the flood flow capacity Lithgow City $300,000 No flood flow improvements of Farmers Creek in Lithgow, voluntary Council & voluntary purchase/ purchase and house raising of affected house raising dwellings. Cowper Ulmarra - Clarence River Rock protection to the existing river Clarence River $400,000 No levee and voluntary pur- bank levee at Ulmarra. County Council chase Cowper Bakers Road Detention Construction of a basin to temporarily Coffs Harbour $250,000 No Basin store flood waters and reduce flood dis- City Council charges and heights downstream. Cunningham Gwynneville - Fairy Creek Widening of a restricted section of a Wollongong City $166,667 No flood mitigation (Craw- channel on Fairy Creek in Gwynneville. Council ford Ave channel widen- ing) Cunningham Hewitts Creek voluntary Voluntary purchase of one property to Wollongong City See note No purchase reduce flood risk. Council
Cunningham Towradgi voluntary pur- Voluntary purchase of one property to Wollongong City See note No chase reduce flood risk. Council
Cunningham Black Diamond Place de- Modification of existing embankment to Wollongong City $20,000 No tention basin prevent the escape of flood waters from Council the basin during severe rainfall events. Cunningham Lemrac Ave culvert recon- Upgrading of the Lemrac Ave culvert to Wollongong City $200,000 No struciton allow more waterway area through the Council culvert and prevent blockage from de- bris.
QUESTIONS ON NOTICE
204 SENATE Tuesday, 8 March 2005
Dobell Killarney Vale - Wyong Raising the embankment height of an Wyong Shire $17,000 No Road retarding basin up- existing retarding basin adjacent to Council grade Wyong Road and Killarney Vale Athlet- ics Field to increase storage capacity to help reduce flooding of downstream areas. Farrer South Albury levee reha- Rehabilitation of a 50m section the of Albury City Coun- $50,000 No bilitation the South Albury levee. cil
Farrer Balranald - Murrumbidgee Structural measures such as levee bank Balranald Shire $40,000 No River levee and bank re- rehabilitation and augmentation and in- Council habilitation frastructure for overland flooding con- trol. Farrer Euston levee Rehabilitation of the existing levee sys- Balranald Shire $120,000 No tem at Euston. Council
Farrer Deniliquin levee Upgrading and reconstruction of the Deniliquin City $333,333 No North Deniliquin and South Deniliquin Council levees. Farrer Moulamein levee Raising and strengthening the existing Wakool Shire $5,000 No Moulamein Levee system. Council
Forrest Busselton - upgrading of Increase the level of flood protection for Water Corporation $500,000 No flood protection (detention Busselton by retaining floodwaters in the basin network) upper catchment through a network of detention basins.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 205
Gilmore Terara levee restoration Reconstruction and upgrading of the Shoalhaven City $5,000 No levee on the lower Shoalhaven River at Council the village of Terara. Gwydir Coonamble levee repair Rehabilitation of a section of the Coonamble Shire $5,000 No Coonamble levee, in the vicinity of Cas- Council tlereagh and Macquarie Streets, at risk of failure in future floods. Gwydir Mungindi levee upgrade Reconstruction and upgrading of the Moree Plains Shire $5,000 No levee on the Barwon River at Mungindi. Council
Gwydir Murrurundi levee Construction of the Adelaide Street Murrurundi Shire $5,000 No levee. Council
Gwydir Walgett levee rehabilita- Rehabilitation of the existing levee sur- Walgett Shire $30,000 No tion rounding Walgett.
Hume Stonequarry Creek Bank Improving flow characteristics of the Wollondilly Shire $5,000 No Stabilisation Works at main channel of the Stonequarry Creek Council Picton at Picton by clearing vegetation and bank reshaping. Indi Myrtleford flood mitiga- Flood mitigation works to improve flood Alpine Shire $50,000 No tion scheme protection for residents of Myrtleford.
Indi Benalla flood mitigation Flood mitigation scheme including vege- Benalla Rural City $133,000 No scheme tation clearance and reduction, culvert Council widening and installation of additional culverts.
QUESTIONS ON NOTICE
206 SENATE Tuesday, 8 March 2005
Kalgoorlie Kununurra - Nulleywah Enlarge drainage channels to mitigate Department of $80,000 No flood mitigation project seasonal flooding effects on houses and Housing and facilities on the western side of Nulley- Works wah community. Lyne Settlement Point Bank Bank protection of the western side (up- Hastings Council $50,000 No Protection stream) of Settlement Point to protect adjoining public infrastructure and pri- vate property. Lyons Longford - South Esk Levee system to protect Longford from Northern Midlands $150,000 No River levee flood waters on the Macquarie/South Council Esk River on the eastern side of Long- ford and Back Creek to the west. Murray Shepparton-Mooroopna Establishment of a flood warning system Greater Sheppar- $43,750 No flood warning system for Shepparton-Mooropna including ton City Council upgrading of stations and community awareness measures. New England Taminda levee Construction of a levee to protect Tam- Tamworth Re- $450,000 No worth’s main industrial area of Taminda gional Shire and some residential properties from Council flooding. Page Grafton Bowling Club Rehabilitation works on the levee near Clarence River $40,000 No levee the Grafton Bowling Club to provide County Council protection to the city of Grafton. Page Lismore levee Construction of new levees and modifi- Richmond River $320,000 No cation of existing levees to protect Cen- County Council tral Lismore (including CBD) and South Lismore.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 207
Riverina Hay levee Rehabilitation of existing levee to pro- Hay Shire Council $8,000 No tect the town of Hay.
Robertson Narara - Hanlan Street Upgrade of the existing culvert in Gosford City $5,000 No South culvert upgrade Hanlan Street, Narara . Council
Robertson Green Point voluntary Voluntary purchase of one property to Gosford City See note No purchase reduce flood risk. Council
Wakefield Gawler River flood miti- Construct a flood control dam on the Gawler River $384,000 No gation scheme North Para River at Turretfield near Floodplain Man- Gawler, modify the South Para Reservoir agement Authority to provide flood attenuation storage and undertake environmentally sensitive channel maintenance and provision of controlled, alternate flow paths along the lower reaches of the Gawler River. Note: Included in a NSW state wide voluntary purchase allocation of $230,000.
QUESTIONS ON NOTICE
208 SENATE Tuesday, 8 March 2005
Primary Energy Ltd (Question No. 195 amended) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 20 December 2004: Has Primary Energy Limited sought funding or other assistance from any department or agency for which the Minister is responsible in connection with the company’s ethanol project at Gunnedah; if so, will the Minister provide details including: (a) date; (b) amount of funding or other assistance sought; (c) relevant departmental or agency program from which funding or other assistance was sought; and (d) funding or other assistance provided or currently under consideration. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: Yes. (a) The application was received by the Namoi Valley Structural Adjustment Package’s Executive Offi- cer in the period between 4 June and 24 June 2003. (b) $1,100,000 (GST ex) (c) Namoi Valley Structural Adjustment Package, subsequently rolled into Regional Partnerships pro- gramme in July 2003. (d) $1,100,000 (GST ex). Regional Development Policy Advice (Question No. 245) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 22 December 2004: With reference to the cost of regional development policy advice for the 2003-04 financial year as re- ported on page 103 of the department’s annual report for 2003-04: why did the actual cost exceed the budget estimate by 70.5 per cent. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: The departmental budget and actual expenditure for Output 2.1: Regional Development Policy Advice was allocated on the basis of a notional attribution of expenses incurred by branches (including a pro- rated attribution of corporate expenses on the basis of full time equivalent staff). The attribution is based on estimates of the contribution of departmental expenses to outputs. The actual expenses attributed to Output 2.1 included expenses of $5.5 million incurred in the Territo- ries Branch, which may have been more appropriately attributed to Output 2.3: Services to Territories. The remaining $8.8 million of actual expenses attributed to Output 2.1 is in line with the revised budget of $8.4 million. Regional Flood Mitigation Program (Question No. 247) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 22 December 2004: Why did expenditure on regional flood mitigation in the 2003-04 financial year fall 52.1 per cent short of the budget estimate, as reported on page 103 of the department’s annual report for 2003-04.
QUESTIONS ON NOTICE Tuesday, 8 March 2005 SENATE 209
Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: The Minister approved projects to the full value of the Regional Flood Mitigation Programme’s alloca- tion in 2003-04 however payment of the funds is based on progress of works. Insufficient progress on these projects in 2003-04 resulted in unspent funds being rolled over into 2004-05 and 2005-06. Territories: Services (Question No. 266) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: (1) What are the terms of reference for the department’s 2004-05 review of fees and charges associated with delivering services to Australia’s territories. (2) Who will undertake the review. (3) What is the review timetable. (4) Will the current fees and charges regime remain in place until the review is concluded. (5) How will the department consult with stakeholders. (6) Which stakeholders will be consulted. (7) (a) By year and territory, what revenue associated with services to Australia’s territories has the department derived in the financial years 2002-03, 2003-04 and 2004-05 to date; and (b) by terri- tory, what total revenue does the department expect to derive in the 2004-05 financial year. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: (1) Services to the Indian Ocean Territories are outside the scope of the Cost Recovery Review. This has been agreed to by the Department of Finance and Administration. (2) See (1) above. (3) See (1) above. (4) See (1) above. (5) See (1) above. (6) See (1) above. (7) (a) Actual revenues to 31 December 2004 for the territories are: 2002-03 financial year Jervis Bay Territory $764,283 Norfolk Island Territory $4,531 Indian Ocean Territories $11,119,323 2003-04 financial year Jervis Bay Territory $1,097,441 Norfolk Island Territory $3,773 Indian Ocean Territories $13,295,190 2004-05 financial year (to 31 December 2 004) Jervis Bay Territory $470,456
QUESTIONS ON NOTICE
210 SENATE Tuesday, 8 March 2005
Norfolk Island Territory $2,698 Indian Ocean Territories $5,505,644 (b) Projected total revenues for 2004-05 financial year: Jervis Bay Territory $803,000 Norfolk Island Territory $7,000 Indian Ocean Territories $8,845,000 Note: figures for 2002-03 and 2003-04 financial years include revenue from the sale of infrastructure assets. The department will derive no revenue from infrastructure asset sales in the 2004-05 financial year. Immigration: Christmas Island Reception and Processing Centre (Question No. 269) Senator O’Brien asked the Minister representing the Minister for Local Government, Ter- ritories and Roads, upon notice, on 23 December 2005: With reference to the proposed new Immigration Reception and Processing Centre (IRPC) on Christmas Island: (1) (a) What is the current estimated total cost of construction including related costs; and (b) will the Minister provide a detailed breakdown of the cost. (2) (a) What funds have been expended so far; and (b) will the Minister provide a detailed breakdown of the cost by financial year. (3) Will the Minister provide a list of all contracts let for the construction phase of the project, includ- ing the successful tenderer. (4) On what date will: (a) the early works phase of the project be completed; (b) the main works phase of the contract commence; (c) the main works phase of the contract be completed; and (d) the IRPC be operational. (5) (a) What compensation was paid to Phosphate Resources Limited for the resumption of land for the IRPC; (b) on what date was this compensation paid; (c) who undertook the negotiations on behalf of the Commonwealth; (d) which Minister approved the compensation; and (e) what program was the source of the compensation funds. (6) (a) What consultants have been engaged in relation to the IRPC project; and (b) in each case, what was the nature of the consultancy, the term of the consultancy and the associated financial value. (7) (a) On what date did the Department of Finance and Administration assume responsibility for the project; (b) why did the Department of Finance and Administration assume responsibility for the project; and (c) what other IRPC construction projects did the Department of Finance and Admini- stration manage prior to the transfer of responsibility for the IRPC project. (8) What role does the Department of Immigration and Multicultural and Indigenous Affairs perform in relation to the project during planning and construction. (9) What role does the Department of Transport and Regional Services perform in relation to the pro- ject during planning and construction. (10) Have all contracts let for the construction phase of the project included local training and local business content; if so, will the Minister provide details; if not, why not. (11) Has the local training and local business involvement which formed part of the assessment criteria for the major works contract been consistent with evidence given by the Department of Finance
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and Administration to the Joint Standing Committee on Public Works on 31 October 2003; if so, will the Minister provide details; if not, why not. (12) Will local training and employment and local business involvement form part of the assessment criteria for the service contract for the operation of the IRPC; if not, why not. (13) Will the Christmas Island community have access to recreational and other facilities at the IRPC, subject to operational needs. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: (1) (a) I note that this question has also been directed to the Minister for Finance and Administration and it is more appropriate that he provide a response. (b) The Department of Transport and Regional Services has been appropriated $45.4m to meet costs incurred in constructing public infrastructure and housing associated with the project. This figure excludes: - funding to resume the mining lease for the IRPC site (refer Question (5) below); and - ongoing expenses, for example, associated with repairs, maintenance and depreciation of the infrastructure. The $45.4m was originally estimated on the basis of: - $19.8 million to supplement the Christmas Island water supply; to supply water, power and communications to the construction camp and IRPC site; and to improve island road and port infrastructure, including to reduce environmental impacts from increased traffic during crab migrations; and - $25.6 million for housing associated with the facility. (2) (a) Project expenditure by DOTARS totals $40.2m million to 31 December 2004. (b) Expenditure by Financial Year (in $millions) Expenditure Type 2001-02 2002-03 2003-04 2004-05 Total (to 31/12/04) Infrastructure $0.4m $9.5m $3.8m $0.0m $13.7m Housing $5.9m $19.8m $0.8m $0.0m $26.5m Total $6.3m $29.3m $4.6m $0.0m $40.2m (3) The following are the construction contracts related to the provision of services to the Immigration Reception and Processing Centre and construction camp sites and of staff housing for the Immigra- tion Reception and Processing Centre: Contract Description Name of Contractor Project Management and Design Services GHD Pty Ltd Water, power and communication provision to Electrical Contracting & Maintenance IRPC site Construction of Water storage infrastructure Electrical Contracting & Maintenance adjacent to the IRPC site Wharf Pavement reconstruction DECMIL/Consolidated Construction Construction of a crane pedestal at Flying fish Christmas Island Enterprises cove Bore Hole Drilling flying fish cove Drilling and Grouting Services Pty Ltd
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Contract Description Name of Contractor Install pre-cast and supply and install insitu Gregorys plumbing and Pipeline Services. crab crossings LB4 Road Improvements Shire of Christmas Island Construction of 160 accommodation units DECMIL/Consolidated Construction Construction of 10 houses DUWAL Pty Ltd Construction of 3 houses C&B Murdoch Construction Construction Camp high voltage reticulation Electrical Contracting & Maintenance (4) I note that this question has also been directed to the Ministers for Finance and Administration and Immigration and Multicultural and Indigenous Affairs and it is more appropriate that they provide a response. (5) (a) $3.2 million was paid to Phosphate Resources Limited in compensation for the resumption of the mining lease over the IRPC site. (b) 30 July 2004. (c) The Department of Transport and Regional Services undertook negotiations on behalf of the Commonwealth, with advice from the Australian Government Solicitor and Geoscience Australia. (d) The Government approved an upper limit for compensation for the resumption of land for the IRPC and the Australian Government Solicitor approved the final determination as being in accor- dance with compensation legal principle and practice. (e) The Services to the Indian Ocean Territories Programme has been supplemented $3.2 million in the 2004-05 Additional Estimates. (6) Table of Consultants (a) (b) Name of consultant Nature of consultancy Term Financial value Geoscience An assessment of the volume and Ongoing until $495,000 Australia quality of phosphate on the mine lease issue resolved resumed for the IRPC Minval Associates Audit of methodology used by Geo- Task based $65,000 Pty Ltd science Australia to determine the vol- ume and quantity of Phosphate on the resumed lease and valuation of that phosphate (7) This question has also been directed to the Minister for Finance and Administration and it is more appropriate that he provide a response. (8) This question has also been directed to the Minister for Immigration and Multicultural and Indige- nous Affairs and it is more appropriate that she provide a response. (9) The Department of Transport and Regional Services is responsible for the provision of land for the IRPC and associated infrastructure, to supply staff housing for the centre and to provide infrastruc- ture (such as power, water etc) to the IRPC and construction camp boundaries. (10) No. Department of Transport and Regional Services tenders relating to the Indian Ocean Territories encourage contractors to use local contractors where possible to maximise the benefits to the local economy. The manner by which this translates to contracts varies from project to project.
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(11) This question has also been directed to the Minister for Finance and Administration and it is more appropriate that he provide a response. (12) This question has also been directed to the Minister for Immigration and Multicultural and Indige- nous Affairs and it is more appropriate that she provide a response. (13) This question has also been directed to the Minister for Immigration and Multicultural and Indige- nous Affairs and it is more appropriate that she provide a response. Indian Ocean Territories: Economic Development (Question No. 271) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: (1) By financial year, what funds have been provided to the Administrator of the Indian Ocean Territo- ries for the development of an economic development strategy for Christmas Island and Cocos (Keeling) Islands. (2) What outcomes can be attributed to the funding. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: (1) No funds have been provided for the Strategic Plan for Economic Development in the Indian Ocean Territories (IOTs) to date. When funds are expended, they will not be provided to the Ad- ministrator of the Indian Ocean Territories who, in his economic development role, is leading the project on-island. These funds will be provided to the contractor directly from the IOT Services Programme. (2) No funds have been expended from the Programme to date. Norfolk Island: Administrator (Question No. 272) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: By financial year, and disaggregated to include salary, other remuneration, personal staff, accommoda- tion, entertainment, travel and other costs, what are the costs associated with maintaining the Adminis- trator of Norfolk Island in 2002-03, 2003-04 and 2004-05 to date. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: The costs associated with maintaining the Administrator of Norfolk Island are as follows: 2002-03 2003-04 2004-05* ($) ($) ($) Salary (including allowances) 136,600 140,700 84,340 Personal staff 122,533 118,512 55,882 Accommodation - - - Entertainment 40,632 25,047 14,966 Travel 24,362 16,322 4,571 Other 4,034 29,641 32,368 * Year to date as at 20 January 2005.
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Indian Ocean Territories: Administrator (Question No. 273) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: By financial year, and disaggregated to include salary, other remuneration, personal staff, accommoda- tion, entertainment, travel and other costs, what costs are associated with maintaining the Administrator of the Indian Ocean Territories in 2002-03, 2003-04 and 2004-05 to date. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: The costs associated with maintaining the Administrator of the Indian Ocean Territories in 2002-03, 2003-04 and 2004-05 to date are as set out in the table below. Item 2002-03 $ 2003-04 $ 2004-05 $ Salary 121,311 96,106 82,262 Other remuneration 19,871 34,507 40,987^ Personal staff 72,350 59,136 22,396 Accommodation 17,319 13,311 13,357 Entertainment 20,687 20,592 974 Travel 39,084 6,742 2,689 Other 6,413* 13,718* 47,732 Notes: ^ Includes some payments from 2003-04 that were paid in arrears. * The category ‘Other’ includes costs for office expenses. However, figures for office expenses were not available in 2002-03 and 2003-04. Christmas Island Casino Surveillance Authority (Question No. 276) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: (1) What are the names and terms of appointment of the members of the Christmas Island Casino Sur- veillance Authority. (2) What costs have been associated with the authority in each of the financial years 2002-03, 2003-04 and 2004-05 to date. Senator Ian Campbell—The Minister for Local Government, Territories and Roads has provided the following answer to the honourable senator’s question: (1) The Christmas Island Casino Surveillance Authority is currently non-operational with all positions vacant. (2) No costs were incurred for the Casino Surveillance Authority during the 2002-03, 2003-04 and 2004-05 financial years. Transport and Regional Services: Workplace Diversity Program (Question No. 284) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: (1) Does the department’s workplace diversity program seek to ensure the department attracts and re- tains a diverse range of people with a focus on Indigenous employment.
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(2) In what year was this diversity program launched. (3) How many Indigenous staff did the department employ in the financial years 2001-02, 2002-03 and 2003-04 in the following classifications: (a) Senior Executive Service Level (SES) 3; (b) SES 2; (c) SES 1; (d) Executive Level (EL) 2; (e) EL 1; (f) Australian Public Service Level (APS) 6; (g) APS 5; (h) APS 4; (i) APS 3; (j) Graduate; (k) APS 2; (l) APS 1; (m) Trainee; and (n) other. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: (1) The department’s workplace diversity program has a number of desired outcomes including mak- ing DOTARS staff more aware of the impact of its policies and programmes on indigenous people. However, it should be noted that the focus of the programme also encompasses diversity through gender, disability, linguistic and cultural backgrounds. (2) The current workplace diversity programme was launched in 2001. (3) The table below shows the number of indigenous full-time employees (FTE) for the time periods specified. However, as diversity data are voluntarily reported upon commencement of employment, and a considerable proportion of staff choose not to provide this information, these data may not represent the actual number of indigenous employees. 2001/02 2002/03 2003/04 SES 3 SES 2 SES 1 EL 2 EL 1 0.03 FTE 0.35 FTE 1.00 FTE APS 6 APS 5 0.77 FTE 1.00 FTE APS 4 1.45 FTE APS 3 0.07 FTE Graduate APS APS 2 0.29 FTE 0.42 FTE APS 1 Trainee Other Total 1.15 FTE 1.77 FTE 2.45 FTE
Transport and Regional Services: Indigenous Employment (Question No. 285) Senator O’Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 23 December 2004: (1) Which of the following measures has the department adopted to ensure it attracts and retains a di- verse range of people with a focus on Indigenous Employment: (a) an Indigenous employment strategy; (b) special employment measures limiting employment opportunities only to Indigenous applicants; (c) identified positions for Indigenous staff; (d) participation in the National Indigenous Cadetship Program; (e) providing opportunities for Indigenous people to gain skills and experience under an agency-based Indigenous employment scheme; and (f) advertising employment opportu- nities in Indigenous media.
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(2) For each applicable measure: (a) what is the date of implementation; and (b) what outcomes can be attributed to the measure. Senator Ian Campbell—The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question: (1) In respect of 1(d) the department has agreed to offer up to five cadetships under the National In- digenous Cadetship Program. We are currently in the process of determining the precise arrange- ments for implementing the Program to ensure that appropriate support mechanisms are in place to maximise the benefits of the Program. Following the recruitment of the Cadets, we anticipate their first work placement to commence in the 2005 mid-year semester break. The department does not have arrangements in place in respect of the other measures referred to. The department also intends participating in the APSC Indigenous Graduate Programme which is expected to commence in 2006. (2) Given that the department will only be offering the National Indigenous Cadetship Program in 2005, we are not yet in a position to measure the outcomes of the Programme. Transport Services (Question No. 318) Senator Hutchins asked the Minister for Finance and Administration, upon notice, on 21 January 2005: Can the Minister provide: (a) the directives, guidelines or other instructions issued or developed by the department regarding the procurement of transport services by the Commonwealth for either the de- partment or issued to other Commonwealth departments or agencies; (b) the date on which such con- tracts were agreed; (c) the entity which the Commonwealth has contracted with; and (d) the total costs of these contracts for the 2003-04 financial year. Senator Minchin—The answer to the honourable senator’s question is as follows: (a) Commonwealth Procurement Guidelines - January 2005; and Guidance on the Mandatory Procure- ment Procedures - January 2005. (b) to (d) In January 1998, my Department engaged Outsource Australia to provide general office ser- vices including courier/freight delivery services. A total of $51,540 was spent on local courier services under this contract in 2003-04. In addition to this, during 2003-04, my Department spent $45,266 on ad- hoc office relocation services provided by Mervyn Oldfield Removals Pty Ltd. Bananas (Question No. 327) Senator Brown asked the Minister for the Environment and Heritage, upon notice, on 3 February 2005: In relation to restrictions on non-commercial growing of bananas in Queensland and potential impacts on flying foxes: (1) Are non-commercial banana-growers limited to 30 stems; if so, why. (2) Is there any evidence linking the restriction on non-commercial banana-growing with population levels of fruit-eating native species, in particular, is there any suggestion that flying fox populations are in decline and that limitations on banana-growing may be part of the cause. (3) What work is being done to reduce the dependence of commercial banana crops on chemicals, for example, by encouraging more diversity in the varieties of bananas grown. Senator Ian Campbell—The answer to the honourable senator’s question is as follows:
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(1) The regulation of commercial and non-commercial fruit crops is not an issue administered by the Environment and Heritage portfolio. I refer the honourable senator’s question to the Minister repre- senting the Minister for Agriculture, Fisheries and Forestry. (2) There is no evidence linking the restriction on non-commercial banana-growing with population levels of fruit-eating native species. (3) The regulation of commercial and non-commercial fruit crops is not an issue administered by the Environment and Heritage portfolio. I refer the honourable senator’s question to the Minister repre- senting the Minister for Agriculture, Fisheries and Forestry. Environment: River Red Gums (Question No. 328) Senator Brown asked the Minister for the Environment and Heritage, upon notice, on 3 February 2005: (1) What assistance and input is the Commonwealth providing for the Victorian Government’s study of river red gums and wetlands along parts of the Murray and Goulburn Rivers. (2) How does this work relate to the Regional Forest Agreements and the exemptions under the Envi- ronment Protection and Biodiversity Conservation Act 1999. (3) What action will the Minister take to ensure that other red gum forests along the Murray, including the Nyah State Forest and Vinifera River Murray Reserve, are included in the Victorian study. Senator Ian Campbell—The answer to the honourable senator’s question is as follows: (1) The Riverine Red Gum Forests Investigation is a Victorian Government investigation to be under- taken by the Victorian Environmental Assessment Council (VEAC). The Australian Government is a member of the Barmah-Millewa Forum and has provided input on the Riverine Red Gum Forests Investigation “Draft Terms of Reference” through this Forum. (2) The boundaries of the Riverine Red Gum Forests Investigation detailed in the Draft Terms of Ref- erence are outside areas covered by the Victorian Regional Forest Agreements and therefore, if these boundaries are confirmed, exemptions under the Environment Protection and Biodiversity Conservation Act 1999 would not apply. (3) Determining the boundaries of the Riverine Red Gum Forests Investigation is a matter for the Vic- torian Government to resolve. Environment: Recherche Bay (Question No. 329) Senator Brown asked the Minister for the Environment and Heritage, upon notice, on 3 February 2005: With reference to the heritage listing and protection of the north-east Peninsula of Recherche Bay, Tas- mania, and the Minister’s media release of 28 January 2005: (1) Can the Minister provide a copy of the assurances given by the Tasmanian Government in relation to the protection of the north-east peninsula of Recherche Bay which led to the refusal of emer- gency listing. (2) Can the Minister provide a schedule and copies of any other correspondence or communications between the Federal Government and the Tasmanian Government relating to the decision as to whether or not Recherche Bay should receive emergency listing.
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(3) (a) What does ‘selective logging with a high retention of existing trees’ mean; (b) how many trees per hectare will be logged; (c) in what pattern; and (d) what level of disturbance will occur to other vegetation, soil and water. (4) Can the Minister provide a table itemising: (a) the ‘potential National Heritage values’ so far identi- fied for Recherche Bay; (b) each specific threat posed by logging (selective or otherwise); and (c) the way in which each threat is fully averted by the application of ‘protective measures’. (5) In relation to the list of threats in (4) above, can the Minister include both direct damage, such as from destruction of native vegetation or sites of potential archaeological significance, and indirect damage such as from four-wheel drive access. Senator Ian Campbell—The answer to the honourable senator’s question is as follows: (1) The assurances given by the Tasmanian Government in relation to the protection of the north-east peninsula of Recherche Bay, on which I based my decision not to make an emergency listing, are described in my statement of reasons which is publicly available on my department’s internet site. (2) The evidence or other material on which my findings were based is listed in the statement of rea- sons for my decision. (3) The information available to me regarding logging is discussed in my statement of reasons, espe- cially paragraphs 81 – 91. (4) With regard to (a), the ‘potential National Heritage values’ are described in my statement of rea- sons. For (b) and (c), see answer to (3). (5) See answer to (3).
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