Wendy Askew

At the request of Senator Davey, I move:

That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than midday on 26 February 2024, all minutes, file notes, briefing notes and other communications relating to each Basin Officials Committee meeting during the period 31 May 2022 to 14 December 2023.

Sue Lines

The question is that general business notice of motion No. 455, standing in the name of Senator Davey, be agreed to.

Wendy Askew

At the request of Senator Davey, I move:

That on Wednesday, 7 February 2023, general business notice of motion no. 453, standing in the name of Senator Davey relating to a request to the Auditor-General to perform a comprehensive review and analysis of all water recovery programs:

(a) be called on immediately after formal business;

(b) have precedence over all other business; and

(c) be determined without amendment or debate.

Sue Lines

Senators, we're dealing with general business notice of motion No. 454. If you have a look at your Notice Paper,you will see that, if this motion is successful, it calls on notice of motion No. 453, also standing in the name of Senator Davey, immediately after formal motions, and it's to be determined without amendment or debate. So the question is that general business notice of motion No. 454, standing in the name of Senator Davey, be agreed to.

Ralph Babet

I move:

That, noting the issue of excess mortality in Australia has not been adequately investigated, the following matters be referred to the Community Affairs References Committee for inquiry and report by 31 July 2024:

(a) Australian Bureau of Statistics (ABS) data showing excess deaths in recent years, with particular reference to:

(i) all-cause provisional mortality data reported by the states and territories to the ABS, and

(ii) the difference between all-cause provisional mortality data for 2021, 2022 and 2023 and the preceding years of 2015 to 2020 (inclusive);

(b) any other identified factors contributing to excess mortality; and

(c) any other related matter.

Katy Gallagher

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Katy Gallagher

The government does not support this motion. The ABS is the definitive authority of mortality statistics and data in Australia and provides regular publications, including the provisional mortality reports published monthly, every second month. Deaths Australia are dated annually and excess mortality reports published reports twice yearly. This data is published online and available to everyone. It is used by researchers, government departments and agencies like the AIHW and reported in reputable publications. In their analysis the ABS has compared the number of deaths which have occurred during the COVID-19 pandemic with the number of deaths expected based on historical trends and adjusted for population changes. This includes deaths from all causes and not only those related to COVID-19. While death rates and causes of death are key indicators of the health status of a population, it's important to remember that every death that makes up the total statistic is a personal tragedy, and I acknowledge the tragic impact of these deaths on the families and friends of those who have lost their lives.

Sue Lines

The question is that business of the Senate notice of motion No. 2, standing in the name of Senator Babet, be agreed to.

Anthony Chisholm

At the request of Senator Watt, I move:

That the Parliamentary Joint Committee on Intelligence and Security, in undertaking any inquiry into the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023, also consider any amendments to the bill which have been circulated in the Senate.

Jonathon Duniam

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Jonathon Duniam

This motion asks the PJC to consider hypothetical laws that the government has already made clear it rejects and that will not become part of the legislation passed by this parliament. Unless the government is serious on reversing its position and saying that, in appropriate cases, courts should be able to remove citizenship from those who urge violence and advocate terrorism, this is a waste of an already overloaded committee's time.

Sue Lines

The question is that government business No. 1, standing in the name of Senator Watt and moved by Senator Chisholm, be agreed to.

Sue Lines

The question now is that the remaining stages of the bill be agreed to and the bill be now passed.

Sue Lines

I will now deal with the committee of the whole amendments, starting with the amendments circulated by the government. I understand the minister has documents to table.

Murray Watt

I table two supplementary explanatory memoranda relating to the government amendments to the bill.

Sue Lines

I will now deal with amendment (6) on sheet ZE249.

Government 's circulated amendment

(6) Schedule 3, item 2, proposed subsection 7(12), to be opposed.

The question is that subsection 7(12) in item 2 of schedule 3 stand as printed.

Question negatived.

The question now is that remaining amendments (1) to (5) and (7) to (12) on sheet ZE249 and the amendments on sheets ZC255 and ZB276 be agreed to.

Government's circulated amendments—

SHEET ZE249

(1) Clause 2 (commencement), subclause (1), omit table item 26, substitute:

(2) Schedule 3 (heading), omit the heading, substitute:

Schedule 3 — Amendment of the Safety, Rehabilitation and Compensation Act 1988

Part 1 — Post-traumatic stress disorder

(3) Schedule 3, item 2, heading to proposed subsection 7(11), omit "first responders", substitute "certain employees".

(4) Schedule 3, item 2, omit proposed paragraphs 7(11)(a) and (b), substitute:

(a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:

(i) the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM-5-TR), published by the American Psychiatric Association in 2022; or

(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and

(b) at any time before symptoms of post-traumatic stress disorder became apparent, the employee:

(i) was employed as a first responder in accordance with subsection (13); or

(ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;

(5) Schedule 3, item 2, proposed subsection 7(11), after "responder", insert "or as a member of the class of employees declared under subsection (13A)".

(7) Schedule 3, item 2, proposed subsection 7(13), omit "paragraph (11)(b)", substitute "subparagraph (11)(b)(i)".

(8) Schedule 3, item 2, at the end of proposed subsection 7(13), add:

; or (f) was the Australian Border Force Commissioner; or

(g) was an APS employee in the Australian Border Force.

(9) Schedule 3, item 2, after proposed subsection 7(13), insert:

(13A) If the Minister is satisfied that the incidence of post-traumatic stress disorder among a class of employees is significantly greater than the incidence of post-traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.

(10) Schedule 3, item 3, omit "Schedule" (first occurring), substitute "Part".

(11) Schedule 3, item 3, omit "Schedule" (second occurring), substitute "Part".

(12) At the end of the Schedule 3, add:

Part 2 — Rehabilitation assessments and examinations

Safety, Rehabilitation and Compensation Act 1988

4 Subsection 4(1)

Insert:

approved Rehabilitation Assessments and Examinations Guide means:

(a) the document prepared by Comcare in accordance with section 57A, titled "Guide for Arranging Rehabilitation Assessments and Requiring Examinations", that has been approved by the Minister and is for the time being in force; or

(b) if an instrument varying that document has been approved by the Minister—that document as so varied.

5 After subsection 36(3)

Insert:

(3A) In deciding whether to arrange for an assessment under subsection (1) or to require an examination under subsection (3), the rehabilitation authority must comply with the approved Rehabilitation Assessments and Examinations Guide.

Note: The Guide is prepared by Comcare under section 57A.

6 After subsection 57(1)

Insert:

(1A) In deciding whether to require an examination under subsection (1), the relevant authority must comply with the approved Rehabilitation Assessments and Examinations Guide.

Note: The Guide is prepared by Comcare under section 57A.

7 Subsection 57(6)

Repeal the subsection.

8 After section 57

Insert:

57A Guide for Arranging Rehabilitation Assessments and Requiring Examinations

(1) Comcare must, in consultation with the Commission, prepare a written document to be called the "Guide for Arranging Rehabilitation Assessments and Requiring Examinations" (the Guide).

(2) The object of the Guide is to support ethical, transparent and accountable decision-making in relation to arranging a rehabilitation assessment of an employee under subsection 36(1), or requiring an employee to undergo an examination under subsection 36(3) or 57(1), including appropriate consideration of the employee's personal circumstances.

(3) The Guide must:

(a) provide that, for the purposes of a rehabilitation assessment or examination of an employee:

(i) information in relation to the employee should be sought from the employee's treating practitioner; and

(ii) the employee's treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and

(b) specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and

(c) specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and

(d) specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and

(e) require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and

(f) require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee's rights relating to the rehabilitation assessment or examination.

Note 1: For the purposes of paragraph (a), an employee's treating medical practitioner may be nominated to conduct a rehabilitation assessment or examination of the employee.

Note 2: For the purposes of paragraphs (d) and (e), if a relevant authority requires an employee to undergo an examination under subsection 57(1), the examination must be conducted by one legally qualified medical practitioner nominated by the relevant authority.

(4) The Guide may provide for any other relevant matter.

(5) Comcare may, in consultation with the Commission, prepare a written document varying or revoking the approved Guide.

(6) A Guide prepared under subsection (1), and a document prepared under subsection (5), must be approved by the Minister.

(7) A Guide prepared under subsection (1) is a legislative instrument made by the Minister on the day on which the Guide is approved by the Minister.

(8) A document prepared under subsection (5) is a legislative instrument made by the Minister on the day on which the document is approved by the Minister.

9 Subsection 60(1) (definition of determination )

Omit "37 or 39", substitute "37, 39 or 57".

10 Application of amendments

The amendments made by this Part apply in relation to:

(a) a rehabilitation assessment of an employee that is arranged under subsection 36(1) of the Safety, Rehabilitation and Compensation Act 1988, if the assessment is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the assessment was arranged); and

(b) an examination that an employee is required to undergo under subsection 36(3) or 57(1) of the Safety, Rehabilitation and Compensation Act 1988, if the examination is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the requirement to undergo the examination was made).

_____

SHEET ZC255

(1) Clause 2 (commencement), subclause (1), omit table item 18, substitute:

_____

SHEET ZB276

(1) Clause 2 (commencement), subclause (1), after table item 20A, insert:

(2) After clause 4 (review of operation of amendments), insert:

4A Review of operation of Part 16A of Schedule 1

(1) The Minister must cause a review to be conducted of the operation of the amendments made by Part 16A of Schedule 1 to this Act.

(2) Without limiting the matters that may be considered when conducting the review, the review must:

(a) consider whether the operation of the amendments made by that Part is appropriate and effective; and

(b) identify any unintended consequences of the amendments made by that Part; and

(c) consider whether amendments of the Fair Work Act 2009, or any other legislation, are necessary to:

(i) improve the operation of the amendments made by that Part; or

(ii) rectify any unintended consequences identified under paragraph (b).

(3) The review must start no later than 9 months after that Part commences.

(4) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.

(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

(3) Schedule 1, after Part 14A, insert:

Part 16A — Right of entry — assisting health and safety representatives

Fair Work Act 2009

306A At the end of section 494

Add:

Assisting health and safety representatives

(4) Subsection (1), and sections 495 to 498, do not apply to an official of an organisation assisting a health and safety representative on request under a provision of a State or Territory OHS law equivalent to paragraph 68(2)(g) of the Work Health and Safety Act 2011.

(5) However, sections 499 to 504 do apply in relation to the official:

(a) whether or not the official is a permit holder; and

(b) for the purposes of sections 499 to 502—if the official is not a permit holder, as if the official were a permit holder; and

(c) as if giving the assistance to the health and safety representative were authorised by this Part, or were the exercise of rights under this Part (as the case requires); and

(d) for the purposes of section 504—as if that section prohibited the use of information or a document obtained in giving the assistance other than for a purpose related to the exercise or performance of the powers or functions of the health and safety representative (subject to the exceptions set out in that section).

Question agreed to.

I will now deal with the amendments on sheet 2332 circulated by the opposition. As these amendments were circulated after 10 am, they can only be considered by leave. Is a senator seeking leave to move them?

Michaelia Cash

I seek leave to move the amendments on sheet 2332 circulated in my name.

Leave granted.

I move amendments (4) to (9) on sheet 2332 together:

(1) Clause 2, page 2 (table item 7), omit the table item.

(2) Clause 2, page 2 (table item 8), omit the table item.

(3) Clause 2, page 2 (table item 20A), omit the table item.

(4) Schedule 1, Part 6, page 8 (line 1) to page 45 (line 3), to be opposed.

(5) Schedule 1, Part 7, page 46 (line 1) to page 50 (line 2), to be opposed.

(6) Schedule 1, Part 14A, page 72 (lines 1 to 13), to be opposed.

(7) Schedule 1, item 308, page 74 (lines 1 to 22), Division 3 to be opposed.

(8) Schedule 1, item 308, page 74 (line 23) to page 75 (line 30), Division 4 to be opposed.

(9) Schedule 1, item 308, page 76 (lines 9 to 29), Division 6 to be opposed.

Long debate text truncated.

Sue Lines

The question is that the bill be now read a second time.

Simon Birmingham

Pursuant to contingent notice standing in my name, I move:

That so much of standing order 142 be suspended as would prevent further consideration of the bill without limitation of time.

What we have seen here this morning is yet another Labor attempt to ram legislation through this parliament and to do so with absolutely no consideration of proper process at all. The ramming through of this legislation is a contempt of the parliament, an attack on Australian employers and a further erosion of the Australian economy. And of course it is a circumstance where the government cobbled together whatever deal they possibly could to try to cover up the disaster of the last couple of months that they've had, to try to cover up for the many other manifest failures that they are facing and suffering from.

But, as well, there is a serious side—a very, very serious side—beyond the political tactics that the government might be playing to try to construct some type of end-of-year win, and the serious side relates to a couple of elements. One is the big issue of scrutiny and how this place does its business. Just before half past nine this morning, senators were given the bills that we are now debating. Nobody's had the time to properly read these, yet we're about to be forced to vote on them—roughly 151 minutes of debate for 316 pages of legislation across them. Customarily, government bills come with an explanatory memorandum. Has there been an explanatory memorandum tabled for these bills? No. Of course not, because the government's been making it up on the run to get their political win.

We know that outside of this chamber the reaction to this has been very serious, that different business groups and others, in scrambling to understand what the government has put forward, have seen problems in it and have started raising concerns with the crossbench. So let me say to crossbenchers—those who might, hopefully, be listening—who have constructed this deal with the government: the motion I'm moving will give you more time to actually have a look at those who are saying, 'You might want to consider this amendment' or 'You might want to avoid this inherent problem that exists in what the government's doing,' if you want the time to do this properly, if you want to avoid the risk of unintended consequences.

I know that Senator David Pocock and Senator Lambie have tried, throughout the months of debate on this, to take a more responsible approach. We have acknowledged that, and we have supported them in doing so. But there is a real risk that they have been stitched up by Minister Burke and the Albanese government. They have been stitched up in terms of the things that have been bolted on to the elements that the Labor Party have added into what Senators Lambie and Pocock previously supported. Ultimately the risks of that flow through to the way Australian businesses operate and to the Australian economy overall. That is the greatest risk of all—that these reforms are a great big Christmas present for the trade union movement. We know that their right-of-entry powers, their ability to override enterprise agreements, come into force the day this bill gets royal assent. So, they're making sure they do this for their union mates. Of course, other things, like the industrial manslaughter they talk about so seriously, doesn't come into effect until the middle of next year.

We see the government's priorities here. They've been happy to vote against the bills that this chamber agreed to pass months ago. They've been happy to hold them hostage to getting what they want for the unions. They're happy to prioritise what they want for the unions in terms of the timing of implementation ahead of other reforms in this legislation. And they are ramming it through with next to no time for proper consideration in this chamber.

If senators are serious about the Senate doing its job as a chamber of scrutiny of government then they should support additional time for the consideration of this bill. If senators consider that there are potential economic harms that can come from what the government is doing then they should support this motion. Ultimately, the Labor Party is running an economy at present that is being run into the ground. We can see that in the poor national accounts results. Australians are going backwards. Businesses are feeling increased pain. This legislation is only going to make that worse, hurt productivity, hurt our economy and leave Australians worse off.

Katy Gallagher

I move:

That the question be now put.

Sue Lines

The question is that the motion as moved by Senator Gallagher be agreed to.

Long debate text truncated.

Sue Lines

The question now is that the procedural motion moved by the minister be agreed to.