THE IMPORTANCE of strengthening the electoral processes of Australia’s regional neighbours will be examined this week at a public hearing held by the Foreign Affairs and Aid Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT).
The subcommittee will hear from the International Institute for Democracy and Electoral Assistance (IDEA) in relation to its inquiry into supporting democracy in the region. Chair of the subcommittee, Josh Burns MP, said the Subcommittee "looks forward to hearing from International IDEA, an intergovernmental organisation that supports sustainable democracy around the world".
"Electoral assistance is one element that the subcommittee will focus on throughout this inquiry," Mr Burns said "The subcommittee will use this opportunity to identify how best to support our neighbours in promoting strong electoral processes and, as a result, encouraging democratic participation."
Submissions to this inquiry close on Friday, December 16, 2022. Submissions should be lodged online using a My Parliament account. Further information in relation to the inquiry is available on the inquiry website.
LEADING Community Legal Centres (CLCs) have welcomed the passing of the Government’s Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022.
The Bill gives legislative effect to key Respect@Work recommendations, including the creation of a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination. It was also a key election commitment for the Albanese Government.
Kingsford Legal Centre director Emma Golledge said of the changes, “We are thrilled by the creation of a positive duty on employers to eliminate sexual harassment at work. We have been advocating for this for many years.
"This provision has the potential to have a profound impact on the lives of many workers in Australia. This will mean employers will have a legal obligation to take concrete steps to make workplaces safer and free from sex discrimination. This will have a cultural and systemic impact, with the burden of preventing and addressing sexual harassment being shifted to those in positions of power.”
Statutory review provision
CLCs also congratulate the Federal Government for amending the Bill to include a statutory review clause. Under the Bill, the Minister will commence an independent review of the Bill two years after the enforcement provisions for the positive duty come into effect. This will include a review of whether the Australian Human Rights Commission is adequately supported to carry out its enforcement role for the positive duty.
Women’s Legal Service NSW principal solicitor Pip Davis said, “This Bill is too important to not be subject to ongoing statutory review. The Bill creates provision for at least one review.
"Statutory review will be vital to ensure that the provisions on enforcing the positive duty are working in practice, and that the Bill is achieving its key goals of eliminating unlawful sex discrimination and holding employers accountable for failing to provide a workplace that is safe and free from sexual harassment. It will also give us the opportunity to assess whether the Australian Human Rights Commission is being properly funded and supported to undertake its key role of enforcing the positive duty.”
Community Legal Centres Australia’s representative on the Respect @Work Council, Zana Bytheway also noted the importance of statutory review of the Bill so that the amended legislation ensures greater consistency and intersectionality in federal anti-discrimination law.
"This Bill is a huge first step, but it is just the beginning in terms of reforming federal anti-discrimination laws to operate more consistently and reflect the intersectional nature of discrimination," Ms Bytheway said.
"For example, our centres will be advocating for a positive duty on employers to not just prevent sexual harassment but to prevent other forms of discrimination at work, including discrimination based on disability, age, and race. This provision will assist us with this work.”
Costs review on Federal Anti-discrimination law
While the government originally proposed a ‘cost neutral’ approach to costs in federal discrimination matters under the Bill, this provision has been removed. The provision sought to create a presumption that parties bear their own costs in federal discrimination matters. Community Legal Centres had raised concerns about how the provision would operate for CLC clients.
CLCs have been advocating for an “equal access” model for costs. This approach would provide people who bring discrimination matters in the federal courts with greater protection against an adverse costs order if they lose their matter, but still enable them to access an order for the other side to pay their legal fees if they win.
The Attorney-General’s Department has committed to immediately commencing a review into the approach to costs in discrimination matters. CLCs have supported this in the short-term to provide greater opportunity for consultation on the best costs model for the Bill.
Kingsford Legal Centre's Ms Emma Golledge said, “The issue of costs in human rights matters is a key access to justice issue for many of our clients. Even the strongest discrimination cases can lose in court on technical points.
"We look forward to continuing to advocate through this review process for the best costs model. Australia must get this costs issue right so that women who experience sexual harassment at work are not afraid to litigate matters and hold perpetrators to account.”
DISABILITY Employment Australia (DEA) has congratulated the Minister for Social Services, Amanda Rishworth MP and the Albanese Government’s decision to extend DES for two years.
According to DEA CEO, Rick Kane, it is a reasonable and considered approach to an important reform. This will ensure that suitable time is available for ideas to enhance the current DES to be tested and trialled, with a core focus on quality service and improved employment outcomes for people with disability.
"The Minister and Government have demonstrated their commitment to improving the employment opportunities of people with disability via the recent disability employment round table, Jobs and Skills Summit and development of a White Paper," Mr Kane said.
He said most DEA members had been operating the DES program for more than 20 years in towns and cities across Australia. DES providers have secure sustainable employment for more than 200,000 people with disability since 2018.
"They have done an excellent job, engaging people with disability seeking employment, their families, communities, and employers," Mr Kane said.
"DEA expects that the next stage of the process, designing a new model of disability employment to include disability representative organisations, employer groups and provider peak bodies such as DEA. DES providers also play a critical role in understanding service quality and ensuring that people with disability are the centre of decision-making and service.
"DEA also supports the government decision to open consultation on modernising the Disability Services Act 1986, seeking to put people with disability and their views at the centre of policy design.
“The Albanese Government has made the right decision to extend DES so we can start work on the next stage of reforming DES," DEA CEO, Rick Kane said. "The process must be truly consultative, engage evidence, data and experience and allow enough time for testing. We look forward to working with Minister Rishworth and the Department and other stakeholders to continue to improve the disability employment service model.”
AUSTRALIA is a migrant nation and one of the world’s most successful multicultural societies, with over half the population born overseas or having at least one parent born overseas. Broad and inclusive migration has been a cornerstone of modern Australia’s social, cultural, and economic prosperity.
The role of migration in continuing to shape the nation is the focus of a new inquiry by the Joint Standing Committee on Migration. The Migration, Pathway to Nation Building inquiry will broadly examine how permanent migration contributes to nation building, cultural diversity and social cohesion, and acts as a strategic enabler of vibrant economies and socially sustainable communities.
Committee Chair, Maria Vamvakinou MP, said the inquiry would complement the on-going Federal Government review of the migration system, recently announced by the Minister for Home Affairs, by taking a ‘big picture’ view of migration and through hearing from wide sectors of the Australian community on how migration can continue to underpin Australia’s prosperity and growth.
"The policy settings we put in place today will help shape the size and composition of Australia’s population for generations to come," Ms Vamvakinou said. "That is why we must consider this issue carefully and get it right.
As a nation, we need to do more to attract and retain the best people to contribute to the Australian economy in the face of fierce international competition for talent and severe labour shortages at home. We need to consider how migration can best contribute to cultural enrichment and social cohesion, and how we can strengthen pathways to permanent residency and citizenship for migrants and their families," she said.
‘Migrants come to Australia with a wide array of life experiences, knowledge, skills, and unique perspectives. We need to think how we can enable migrants to leverage these attributes for their own betterment and fulfilment, and to contribute to the growth and resilience of the nation," Ms Vamvakinou said.
Ms Vamvakinou encouraged all interested individuals and groups to contribute their thoughts on this vital issue. Submissions to the inquiry are open until Monday February 13, 2023.
More details on the inquiry are available on the Committee website.
The terms of reference for the inquiry are:
The Joint Standing Committee on Migration shall inquire into and report on Australia’s migration system, with reference to:
The role of permanent migration in nation building, cultural diversity, and social cohesion;
Immigration as a strategic enabler of vibrant economies and socially sustainable communities in our cities and regional hubs;
Attraction and retention strategies for working migrants to Australia;
Policy settings to strengthen skilled migrant pathways to permanent residency;
Strengthening labour market participation and the economic and social contribution of migrants, including family and humanitarian migrants and the partners of working migrants;
The role of settlement services and vocational training in utilising migrant experiences, knowledge, and opportunities; and
Other related matters that may assist the inquiry.
In launching the inquiry, Committee Chair, Tony Zappia MP said, "Australia produces some 2.5 million tonnes of plastic waste annually and of this, around 130,000 tonnes leaks into the environment, including our oceans and waterways.
"The impact of plastic pollution on marine environments is significant, particularly as larger plastic items break down and leave microplastic remnants that are absorbed by plants, wildlife, and humans," Mr Zappia said.
"The inquiry will consider the effectiveness of existing frameworks and engagement initiatives aimed at reducing plastic pollution while also examining impactful approaches across the world."
The committee’s inquiry will examine the impact of plastic pollution, including microplastics, having regard to:
the environmental impacts of plastic pollution particularly in oceans and waterways;
the effectiveness of Australia’s plastics management framework under the National Plastics Plan and related policies to reduce plastic pollution particularly in oceans and waterways;
the effectiveness of the Australian Government’s engagement with states, territories, industry and non-government organisations to reduce plastic pollution particularly in oceans and waterways;
the effectiveness of community campaigns to reduce plastic pollution particularly in oceans and waterways and encourage the use of alternative materials;
global initiatives underway to reduce plastic pollution particularly in oceans and waterways;
any other relevant matter.
The committee is inviting submissions to the inquiry addressing any or all of the terms of reference by December 22, 2022.
Further information about the committee’s inquiry is available on its website.
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