Sue Lines

I remind senators that on Monday 25 November 2024, after 6.30 pm, a division was called on the motion moved by Senator Hanson relating to a proposed reference to the Community Affairs References Committee. I understand it suits the convenience of the Senate for the deferred vote to be held now. The question is that the motion be agreed to.

Larissa Waters

I move:

That general business order of the day no. 28, relating to the Human Rights (Children Born Alive Protection) Bill 2022, be discharged from the Notice Paper.

Simon Birmingham

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Simon Birmingham

I do not support the bill that is the subject of this discharge motion. Like Senators Hume, Kovacic and a number of my colleagues, I would not and will not ever vote for this bill or any measures that restrict women's reproductive rights. However, the coalition opposes this motion because this motion is a threat to the ability of private senators to perform their duties in this place. Private senators' bills have traditionally only ever been discharged by the sponsoring senator, rather than the majority denying a senator the right to even have their bill considered. Crossbench senators in particular should reflect on the precedent this motion sets, which could see other bills discharged just because a majority oppose them. Given that this bill has been on the Notice Paper for almost two years, the decision of the Greens to pursue this at this time is clearly about politics, not the substantive issue. The Greens did not oppose the introduction of the bill, the first reading of the bill or the Senate referral of the bill.

In fact, frankly, until today, they've spent more time opposing transmission lines inquiries than this bill. Senators, whatever your views on the substance, I urge you to respect the principle of allowing each other to at least have bills debated and considered, by voting against this discharge motion.

Malcolm Roberts

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Malcolm Roberts

One Nation opposes this motion. Only Queensland and Victoria publicly release fulsome data on babies born alive after abortion. From this information and from media reports, we know of the following babies born alive, tossed in a cold, stainless-steel kidney dish and left to die alone and shivering: Victoria, 396; Queensland, 328; South Australia, 54; Western Australia, 27; New South Wales, one—they don't know; Northern Territory, one; and the ACT—not reported. Senator Waters may never acknowledge this reality. These numbers are significantly less than the overall number of babies born alive following a failed abortion—babies born alive. Data reporting on abortion varies between states and territories, and there's only limited data publicly released. This is a disgrace.

David Pocock

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

David Pocock

This is not a bill that I intend to support. Regulations surrounding abortion care are matters for the states and territories, not for this parliament. Neither side should seek to play politics with what is an issue of women's health care. In the ACT, there are already laws that ensure care is provided to all babies born alive, no matter the circumstances of their birth. If senators feel that those laws are not being upheld, they should take it up with their state or territory.

The bill is dishonestly framed to make political points; however, I believe it is undemocratic for the Senate to remove this bill without debate. There are many opportunities to oppose the first reading or the referral to committee, and those were not taken, as has been pointed out. This has been sitting here for two years. As much as we may disagree with the senators that have brought this bill into the chamber, under the standing orders they have the right to do so and to have their bills debated.

Tammy Tyrrell

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Tammy Tyrrell

I think the Human Rights (Children Born Alive Protection) Bill is abhorrent. I don't support the bill, but I support the right of anyone who wants to debate the bill, either in support or in opposition, to have the chance to speak. When I saw this motion, my first instinct was to support it, but then I listened to Senator Babet speak in the chamber about debate on this bill being stifled. Senator Babet's words reminded me that our democracy gives us the opportunity to share our thoughts. I'm not supporting the motion to discharge the bill from the Notice Paper. We should all have equal opportunity to speak on what is important to us and to those that we represent.

Sue Lines

The question is that general business notice of motion no. 677, standing the in name of Senator Waters be agreed to.

Glenn Sterle

The committee is considering the Universities Accord (Student Support and Other Measures) Bill 2024. Yesterday evening, divisions were called on various amendments. The votes on those amendments will now be held, starting with the amendments moved by Senator Faruqi on sheet 2949.

The question is that the Greens amendments on sheet 2949 be agreed to.

Australian Greens' circulated amendments—

(1) Clause 2, page 2 (table item 2), omit "Part 1".

(2) Clause 2, page 2 (table items 3 to 6), omit the table items.

(3) Schedule 1, page 4 (line 1) to page 28 (line 10), omit the Schedule, substitute:

Schedule 1 — Ending HELP indexation

Higher Education Support Act 2003

1 Subsection 140-5(1)

Repeal the subsection (not including the method statement), substitute:

(1) A person's former accumulated HELP debt, in relation to the person's *accumulated HELP debt for a financial year, is the amount worked out using the following method statement:

2 Sections 140-10 and 140-20

Repeal the sections.

3 Subclause 1(1) of Schedule 1 (definition of HELP debt indexation factor )

Repeal the definition.

4 Application of amendments

The amendments of the Higher Education Support Act 2003 made by this Schedule apply in relation to a person's *accumulated HELP debt for a financial year that begins on or after 1 July 2025.

Andrew McLachlan

Senators are reminded that on Wednesday 20 November 2024, after 6.30 pm, a division was called on the motion moved by Senator Nampijinpa Price relating to a proposed reference to the Environment and Communications References Committee. I understand it suits the convenience of the Senate for the deferred vote to be held now. I note there's no objection.

The question before the Senate, on a deferred division, is that the motion moved by Senator Nampijinpa Price be agreed to.

Lidia Thorpe

I, and also on behalf of Senator Faruqi, move:

(1) That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2025: Whether, in line with recommendation 10 of the report Set the standard: Report on the independent review into Commonwealth parliamentary workplaces (the report), any changes to the language and interpretation of the standing orders are required to:

(a) eliminate language, behaviour, decision-making and practices that are sexist, racist or otherwise exclusionary and discriminatory;

(b) improve safety and respect in the Senate chamber; and

(c) clarify unclear and inconsistent types of behaviour and enforcement of standards.

(2) That for the purposes of this inquiry only:

(a) the committee be authorised to hold public hearings and to move from place to place;

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

(c) such participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee except that a participating member may not vote on any questions before the committee.

(3) That the Senate directs the committee to:

(a) hold a public hearing for a period of not less than 4 hours;

(b) ensure that a majority of witnesses invited are those adversely impacted by racism, First Peoples and culturally and racially marginalised people;

(c) invite a representative from the Australian Human Rights Commission who has been involved with the report and/or the Mapping government anti-racist programs and policies report to attend as a witness;

(d) consult with Parliamentary Workplace Support Service regarding the conduct of the inquiry; and

(e) ensure that each of the following groupings is allowed at least 45 minutes to question witnesses at the hearing:

(i) Australian Greens senators, and

(ii) independent senators.

Katy Gallagher

I seek leave to move an amendment to the motion.

Leave granted.

I move:

Omit paragraphs (2) and (3), substitute:

(2) That the Senate—

(a) notes that:

(i) successive governments, working across the Parliament, have taken strong action to implement all 28 recommendations of Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard report) which was tabled on 30 November 2021,

(ii) the Government and the Parliament have taken action to implement all recommendations of the Set the Standard report, working through the Parliamentary Leadership Taskforce, and recommendations from the report are now all ongoing or completed, with a review to take place 18 months after the commencement of the Parliamentary Workplace Support Service,

(iii) the President referred an inquiry into recommendation 10 of the Set the Standard report to the Procedure Committee in October 2022,

(iv) the Procedure Committee presented its report in response to this referral on 12 September 2023,

(v) the Senate unanimously adopted the Behaviour Standards and Codes of Conduct for Parliamentarians and MOPS Act Staff on 10 October 2024, which commenced on 14 October 2024,

(vi) specifically, the Behaviour Standards require that people 'uphold laws that support safe and respectful workplaces, including

anti-discrimination, employment, work health and safety and criminal laws' and state that 'bullying, harassment, sexual harassment or assault, or discrimination in any form, including on the grounds of race, age, sex, sexuality, gender identity, disability, or religion will not be tolerated, condoned or ignored', and

(vii) the Parliament established a Parliamentary Joint Committee on Parliamentary Standards on 10 October 2024;

(b) reaffirms that all parliamentarians have a role to play in upholding appropriate standards of behaviour in the Parliament, including those outlined in the Behaviour Standards for Commonwealth Parliamentary Workplaces.

Mehreen Faruqi

I seek leave to make a one-minute statement.

Andrew McLachlan

Leave is granted.

Mehreen Faruqi

The Greens will be opposing the government's amendment, because here we are again, wanting the procedure committee to look specifically into racism, to include black and brown people of colour in that inquiry and to have a hearing and actually listen to those voices.

I know that all this that you have noted in your amendment has happened, but that hasn't changed a thing. You can laugh away at this because, for you all, it's a laughing matter, but, for some of us in here and many of us out there, racism is not a laughing matter. If you are serious about tackling racism, then why are you amending this motion? What are you afraid of? Listen to what people in here and out there have to say about racism in this chamber.

Jonathon Duniam

I seek leave to make a short statement.

Andrew McLachlan

Leave is granted for one minute.

Jonathon Duniam

The coalition supports the amendment moved by the government; however, it's important to note, as the government has, that, with the Procedure Committee review of the standing orders, consistent with recommendation 10 of the Set the standard report and its second report of 2023, the coalition maintains the view that the current language of the standing orders and the practices of the Senate in applying the President's rulings are sufficiently flexible to enable that framework to cover matters identified in the report. The parliament established the Independent Parliamentary Standards Commission, which will enforce the behaviour codes for parliamentarians and for MOP staff. In addition, the Senate Privileges Committee was given additional functions where the IPSC refers a serious breach finding, and the Senate standing orders were amended to approve standards of behaviour and behaviour codes. The Senate and indeed the parliament are currently implementing these significant reforms to improve workplace behaviour and culture, and the coalition remains committed to ensuring this important work continues.

Lidia Thorpe

I seek leave to make a one-minute statement.

Leave granted.

I'm not surprised, as a blak sovereign woman in this place who has experienced racism since I walked in the door, about this ongoing denial when we call out racism. You get together and go, 'How can we make this white?' Not 'right'—'How can we make this white?' And that's what youse have done. You've shut down two black and brown women in this place who've said: 'We want to deal with racism. Can you assist us please, Senate?' And you two get together and talk about how much whiter you can make this place and how unsafe you're going to continue to make this place. We've called this out because we don't feel safe. For the two speakers of your parties—both white—to deny our right, shame on you both!

Andrew McLachlan

The question is that the motion moved by Senator Thorpe and Senator Faruqi be amended.

A division having been called and the bells being rung—

Senator Thorpe, please, there's ample opportunity for you to express yourself in other parts of the day.

Senator Thorpe, please, it's a division, and soon the tellers are going to need to concentrate.

Katy Gallagher

I move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Electoral Legislation Amendment (Electoral Reform) Bill 2024, allowing it to be considered during this period of sittings.

Andrew McLachlan

The question is that the motion moved by Minister Gallagher in relation to the exemption of a bill from the cut-off be agreed to.

Sue Lines

The question is the second reading amendment as moved by Senator Chisholm be agreed to.

Sue Lines

I'll now deal with the deferred vote on the second reading amendment on sheet 3113, as moved by Senator Faruqi. The question is that the amendment be agreed to.

Matt O'Sullivan

I'm about to put the final question but, before I do, I want to check if any other senator is wanting to deal with anything. Senator Pocock, you just got there in time.

David Pocock

I again seek leave again to make a one-minute statement.

Leave not granted.

Matt O'Sullivan

The question now is that the remaining stages of these bills be agreed to.

Matt O'Sullivan

Senator Thorpe, could you let us know if, in amongst the amendments that you moved, you moved the amendment on sheet 2628?

Lidia Thorpe

No.

Matt O'Sullivan

I'll put that question now—I beg your pardon. The question now before the chair is that the remaining stages of the bills be agreed to and that the bills be now passed. Senator McKim.

Nick McKim

As a point of order, I'm seeking clarification on Senator Thorpe's amendment on sheet 2628. If that wasn't put, can I ask for an explanation as to why that is not being put by you. I believe Senator Thorpe wishes that question to be put.

Matt O'Sullivan

Indeed. Senator Thorpe, you have the right to have that question put.

Lidia Thorpe

I'm scared to get in trouble, because I always get in trouble—

Matt O'Sullivan

You have the call, Senator Thorpe.

Lidia Thorpe

I seek leave to have the question put on my amendment on sheet 2628, please.

Matt O'Sullivan

It was circulated early enough, so you didn't need to seek leave. The question is that clause 135 stand as printed.

Senator Thorpe opposed clause 135 in the following terms—

(1) Clause 135, page 111 (lines 1 to 4), to be opposed.