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Committee to scrutinise Administrative Review Tribunal Bills

THE House of Representatives Standing Committee on Social Policy and Legal Affairs has commenced an inquiry into the Administrative Review Tribunal Bill 2023 (ART Bill) and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023 (Consequential and Transitional Bill).

Chair of the committee, Susan Templeman MP said, "The committee is seeking written submissions by 18 January 2024 to assist in its scrutiny of the ART Bill and Consequential and Transitional Bill to ensure the bills achieve the Government’s policy objectives and do not have unintended consequences, but will accept submissions after that date."

The ART Bill would establish the Administrative Review Tribunal (Tribunal) and set out its key features, processes and procedures. The Consequential and Transitional Bill repeals the Administrative Appeals Tribunal Act 1975, makes consequential amendments to a number of Commonwealth Acts and provides for the transition of the Administrative Appeals Tribunal’s (AAT) operations, caseload and staff to the Tribunal. The Bills are intended to, among other things:

  • provide for a mechanism of review that is fair and just; timely, informal and inexpensive; accessible and responsive; improve the transparency and quality of government decision-making and improve public trust and confidence in the tribunal;
  • re-establish the Administrative Review Council;
  • retain the jurisdiction of the AAT within the tribunal and essential modifications to the operation of the merits review framework;
  • promote consistency and simplicity by repealing special arrangements that overlap, duplicate or unnecessarily displace core provisions of the ART Bill.

The bills would implement all three recommendations of the Senate Legal and Constitutional Affairs Committee’s inquiry into the performance and integrity of Australia’s administrative review system, four recommendations of the Royal Commission into the Robodebt Scheme and two recommendations of the Rapid Review into the Exploitation of Australia's Visa System.

Further information about the inquiry is available on the Committee's webpage.

 

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Intelligence and Security Committee to review new citizenship repudiation law

IN RESPONSE to a Senate Resolution of December 4, 2023, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of new provisions in the Australian Citizenship Act 2007 (Citizenship Act), implemented by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Citizenship Repudiation Act).

The Citizenship Repudiation Act was passed by Parliament on December 4, 2023, following High Court decisions which determined that the citizenship cessation regime previously set out in Subdivision C of Division 3 of Part 2 of the Citizenship Act was unconstitutional.

The Citizenship Repudiation Act repealed and replaced the relevant provisions to now provide that the Minister may make an application to a court to make a citizenship cessation order in certain circumstances, as part of sentencing on conviction of a person for certain serious offences. On receiving such an application, the court may, as part of sentencing the person to a period or periods of imprisonment, also order that they cease to be an Australian citizen.

At the direction of the Senate, the committee will also consider amendments proposed in the Senate which did not pass and do not form part of the final Act. These amendments are available on the Committee’s website.

Chair of the PJCIS, Peter Khalil MP said, “This review will provide a valuable opportunity to consider the new citizenship repudiation law that needed to be very rapidly put in place by Parliament following the decisions of the High Court. The review provides the opportunity to examine the operation, effectiveness and implications of the new citizenship repudiation regime, as well as amendments that were proposed during the Senate’s consideration of it.

“The committee will carefully consider the new law and looks forward to receiving the views of interested people and organisations on it,” Mr Khalil said.

The committee has combined this review with its current review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 and will report on both reviews together.

The committee has requested submissions to the inquiry by Thursday, February 8, 2024. Any submissions made to the committee’s statutory Review of Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 will be taken as a submission to this inquiry.

Further information on the inquiry can be obtained from the Committee’s website.

 

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Treaties Committee recommends ratification of Amendments to the Annex of the Convention on Facilitation of International Maritime Traffic

THE Joint Standing Committee on Treaties has tabled a report recommending the ratification of the Amendments to the Annex of the Convention on Facilitation of International Maritime Traffic, 1965 (FAL Convention Amendments).

The FAL Convention facilitates international maritime traffic and prevents unnecessary delays, aids cooperation between governments and secures uniformity, to the highest practicable degree in maritime procedures and formalities. The Annex to the Convention contains Standards and Recommended Practices on formalities, documentary requirements and procedures for the arrival, stay or departure of ships. The Annex also contains implementation procedures and appendices with additional information.

The Amendments to the Annex cover topics such as definitions and general provisions, illicit activities, digitalisation of vessel reporting requirements, identification, treatment of stowaways, public health, and implementation.

Committee Chair Josh Wilson MP said, "As a signatory to the original treaty, the Convention on Facilitation of International Maritime Traffic, Australia is a strong supporter of ensuring the streamlining and simplification of maritime traffic.

"The FAL Convention ensures that there is a standard, consistent, harmonised approach to maritime traffic around the world. Cooperation between governments on these issues is important in ensuring international standards and that Australia is in alignment with those standards," Mr Wilson said.

The committee noted the support of the government and from industry for the treaty.

The committee supported ratification and recommended that binding treaty action be taken.

The report can be found on the Committee website, along with further information on the inquiry.

 

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PJCIS to review further intelligence reforms

AT THE REQUEST of the Minister for Home Affairs, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the National Security Legislation Amendment (Comprehensive Review and Other Measures No.3) Bill 2023.

The Bill would amend several pieces of national security legislation to address twelve recommendations of the 2020 Comprehensive Review of the Legal Framework of the National Intelligence Community (known as the Richardson Review), and to make other amendments identified as necessary by the intelligence community.

Key amendments proposed by the Bill seek to:

  • strengthen protections around the identity of employees of the Australian Signals Directorate (ASD), Australian Security Intelligence Organisation (ASIO) and Australian Secret Intelligence Service (ASIS);
  • improve the ability of ASIO to communicate information, and provide additional protections for individuals communicating certain information;
  • increase operational flexibility through updated approval processes for certain intelligence activities;
  • clarify provisions relating to the authorisation of certain intelligence activities;
  • provide for quicker processing of non-prejudicial security clearance suitability assessments;
  • require ASIO to notify the Inspector-General of Intelligence and Security when certain security assessments, security clearance decisions, and security clearance suitability assessments have not been made or furnished within 12 months;
  • clarify that only the Attorney-General, and not junior ministers, can exercise certain powers relating to ASIO and to telecommunications.

Mr Peter Khalil MP, Chair of the PJCIS, said, “The committee looks forward to receiving the views of interested parties on the reforms proposed by the Bill, which aim to further refine and enhance the legal framework governing Australia’s intelligence agencies.”

Submissions to the inquiry are invited by Friday, February 2, 2024.

Further information on the inquiry can be obtained from the Committee’s website.

 

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Audit Committee to inquire into Home Affairs' abandoned $92 million visa application procurement

THE Joint Committee of Public Accounts and Audit (JCPAA) has initiated a new inquiry to examine the Department of Home Affairs’ procurement of a replacement IT system for processing visa applications.

Home Affairs engaged in a multi-stage procurement for the visa processing capability which commenced in September 2017, with a new related process beginning in October 2020.

Chair of the Committee, Julian Hill MP, said the inquiry would consider the expenditure incurred and whether value for money was achieved, the impact of anticipated savings on the Department of Home Affairs, the conduct of entities or persons involved or interested in the process, the ethical use of resources and ethical behaviour, and any lessons arising.

“The previous Government wasted $92 million on a failed attempt to privatise visa processing, yet after they abandoned their tender process still forced Home Affairs to bear a $180 million cut from fake savings that never materialised," Mr Hill said.

“The Auditor-General examined some of these issues in a report tabled this year, but further questions that have emerged warrant a stand-alone inquiry.

“The Parliament and public should understand what went on regarding this aborted, wasteful privatisation and what lessons should be learnt given the critical importance of actually doing something to upgrade Home Affairs’ antiquated IT systems.

“The committee looks forward to hearing from Home Affairs and to considering the conduct of entities or persons involved or interested in that procurement process," Mr Hill said.

The inquiry will focus on matters contained in or related to Auditor-General Report No. 34 of 2022-23 - Procurement of the Permissions Capability.

The committee is inviting submissions from interested parties by 31 January 2024.

Further information about the inquiry is available on the Committee website.

 

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Australian Food Story report released

THE Australian Parliament’s Agriculture Committee has released its report for its inquiry into food security in Australia. The inquiry examined ways to strengthen and safeguard Australia’s food security, focussing on production, supply chains and key inputs, as well as climate change, biosecurity and food insecurity.

Committee Chair, Meryl Swanson MP said, "Despite Australia being one of the most food secure countries in the world, recent developments both at home and abroad have shown that food security presents real and growing challenges to the nation.

"Food security is not something that any of us can take for granted. COVID-19, floods, the effects of the war in Ukraine, and outbreaks of foot and mouth disease and lumpy skin disease in Indonesia have highlighted risks to our food system.

"Systemic change is required so that all Australians, and those that depend on Australian food production, will be food secure. Consultation, cooperation, coordination and innovation are the keys to food security," Ms Swanson said.

The committee has made 35 recommendations to address food security in Australia, including:

  • creating a comprehensive National Food Plan;
  • appointing a Minister for Food;
  • establishing a National Food Council;
  • developing a National Food Supply Chain Map;
  • measures to facilitate innovation in the production of food; and
  • measures to eliminate food waste.

The report also proposes measures to improve sustainability and resilience in the food supply chain, improve access to labour, and reduce food insecurity.

Over the course of the inquiry, the committee held 24 public hearings, visited numerous sites around Australia, and received 188 written submissions from individuals, industry and community groups and government bodies.

The committee has thanked all those who took part in the inquiry by providing written submissions and giving evidence at public hearings or hosted the committee on site visits. The committee said it was "particularly grateful to those who took time out of their days to host the committee at various sites around the country and the insights this provided into the work of providing for the food security of Australians".

The full report can be found on the committee’s inquiry webpage.

 

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Final report tabled: Rebuilding the employment services system

THE Select Committee on Workforce Australia Employment Services today tabled its final report, recommending large scale reform to fundamentally rebuild the Commonwealth Employment Services System. The report is available on the committee’s website.

Committee Chair, Julian Hill MP, said, "This first-principles review is the first of its kind since services were privatised by the Howard Government nearly 25 years ago.

“It’s harsh but true to say that Australia no longer has an effective coherent national employment services system; we have an inefficient outsourced fragmented social security compliance management system that sometimes gets someone a job against all odds.

“It should not be controversial to state that full privatisation has failed. Even the previous government implicitly admitted this by bringing a large caseload back to the public sector with Workforce Australia Online.

“The current system is inefficient, tying clients and providers up in red tape, driving away businesses and effectively making too many people less employable by requiring them to do silly courses, pointless activities or apply for jobs they simply cannot do. It has failed to prepare people for today’s red-hot labour market and to effectively address long-term unemployment, with 150,000 people stuck in the system for over five years. This must change," Mr Hill said.

“The review has identified significant and numerous flaws in the employment services system that cannot be addressed by mere tweaks to policies and programs. Fundamental change is needed to better support the most disadvantaged in society and to get better value for money. Over $9.5 billion will be spent over the next four years and employment services are the Commonwealth’s largest single procurement outside Defence.

“The nature of competition is counterproductive. In regional towns or disadvantaged suburban centres it seems there is an employment services provider on every street block, heavily regulated and providing largely the same service with little variation or innovation. Five ice-cream shops all selling the same vanilla ice-cream lined up side-by-side, while the Department studiously manages market share so everyone gets a lick. It’s nonsense.

“The world’s best systems and other human services all have a public sector core to steward the system and benchmark quality and price – think TAFEs, public hospitals, universities, schools, aged care. Just as a GP helps someone navigate the health system, a rebuilt public sector core should help clients navigate employment services.

“The committee’s report sets out a comprehensive and ambitious blueprint to rebuild the Commonwealth Employment Services System, underpinned by the guiding vision that all people in Australia be able to enjoy decent employment and participate in economic and social life regardless of who they are or where they live.”

The committee makes 75 recommendations supported by over 600 pages of detailed analysis. Fundamental changes recommended include:

  • A stronger, more active role for the Commonwealth government, by establishing Employment Services Australia as a rebuilt public sector core, to steward the system, be a large digital-hybrid provider for people with the fewest barriers to work, and lead each region via physical hubs. ESA Regional hubs would be tasked with assessment, referral, employer engagement and delivery of industry transition and local projects, driven by Jobs and Skills Australia labour market data. The public sector would undertake some direct service delivery including in thin markets, for people furthest from the labour market, and in some places to rebuild capability and experience.
  • An enhanced and—in some respects—radically different service model, which recognises that clients will have different pathways to employment, social and economic participation, moving away from rigid one-size-fits all rules. This would include referrals to other human services, ‘life first’ and social participation goals for some people, a Youth Employment Service, specialist services for First Nations and Culturally and Linguistically Diverse people, and a revamped service for ex-offenders.
  • A new regulatory culture and more relational contracting model, moving from obsessively contracting services out and denying responsibility, to a system where service partners are contracted in to work with government and employers in local communities.
  • Dialling back pointless competition in local areas and service fragmentation, by engaging only one ‘generalist’ case management service partner and one youth specialist per location – this will usually mean more than one partner per region.
  • Focusing far more on demand and employer engagement, including a dedicated employer engagement service via ESA’s regional hubs to ‘hide the wiring’ for business.
  • Broadened and tailored approach to mutual obligations and a new Shared Accountability Framework for compliance, supported by an individualised Participation and Jobs Plan, to cut red tape and compliance burden, stop driving employers away and more effectively support disadvantaged people into work.
  • Seriously considering integrating digital employment marketplaces, such as SEEK, LinkedIn, Indeed, and competitors into the system.
  • Re-professionalising the sector’s workforce, to reduce the shocking 40 per cent staff turnover rate and improve the pay, skills, and conditions of critical frontline staff.
  • Establishing and Employment Services Quality Commission as an independent regulator, responsible for workforce standards, continuous learning, advising on pricing and funding mechanisms for quality services, data collection and complaints management.

Several reforms are proposed as urgent or to be undertaken in the short term during the current financial year to address critical issues and obvious pain points. For other reforms, the Committee recommends that the Government develop and publish a roadmap to a rebuilt Commonwealth Employment Services System by the end of 2024. This roadmap should be a living document and be periodically reviewed and updated.

Information about the inquiry, including Terms of Reference, published submissions, and hearing transcripts, is available on the inquiry website.

 

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‘Brand new union’: Mining and Energy Union celebrates first day of independence

THE Mining and Energy Union (MEU) is registered with the Fair Work Commission as a standalone trade union effective today, formalising the withdrawal of the Mining and Energy Division from the Construction Forestry Maritime Mining and Energy Union (CFMMEU).

MEU general president Tony Maher said it was a historic day for the union, which delivered on members’ strong wish to become independent.

“Today, we are a brand new union as well as being one of the oldest unions in Australia,” Mr Maher said.

“We have been representing coal miners since the 1850s, in various forms. Today’s Mining and Energy Union builds on our proud tradition and track record, with a clear focus on meeting the current and future challenges facing workers in mines, ports and power stations.

“Our industries face constant change, but we will always stand for well-paid jobs in safe workplaces within strong communities.”

MEU general secretary Grahame Kelly said the transition from CFMEU to MEU would be seamless for members, with all the day-to-day work and structures of the union remaining unchanged.

“The significance of our independence will be felt over time, with the ability to make our own decisions based entirely on our members’ interests," Mr Kelly said.

“We thank our members, delegates, officials, staff and supporters for their dedication, enthusiasm and hard work in pursuing independence.

“We look forward to the next chapter of our history as the Mining and Energy Union starting today.”

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Australian Defence Force Academy billion dollar rebuild

UNDER the Public Works Committee Act 1969, the Parliamentary Standing Committee on Public Works will consider two new referrals from the Department of Defence.

The projects are:

Department of Defence – RAAF Base Learmonth Redevelopment Enabling KC-30A Operations – $662.2 million – Exmouth, Western Australia

  • The works will deliver upgrades to the airfield at RAAF Base Learmonth to meet Defence requirements for the support of KC-30A operations and to improve overall airfield resilience.

Department of Defence – Canberra Defence Precinct Tranche 1 Australian Defence Force Academy Living-in Accommodation Project – $1.25 billion – Canberra, ACT

  • The works will replace existing living-in accommodation facilities and associated infrastructure at ADFA with contemporary, safe and suitable accommodation that will support recruitment, retention, and wellbeing of trainee officers.

It is anticipated that the committee will conduct public and in-camera hearings for the inquiries in 2024. The committee wants to hear from all individuals or organisations interested in the project. The deadline for public submissions is 29 January 2024, with more information available on the Public Works Committee website.

Committee Chair Graham Perrett MP  said, "Public submissions and the public hearings will allow the committee to review the purpose, need and public value of the proposed works."

Note: The Parliamentary Standing Committee on Public Works is not involved in the tendering process, awarding of contracts or details of the proposed works. Inquiries on these matters should be addressed to the relevant Commonwealth entities.

 

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Human Rights Subcommittee tables report on the rights of women and children

THE Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) has tabled its report titled ‘The pursuit of equality: Inquiry into the rights of women and children.’

Chair of the Subcommittee, Maria Vamvakinou MP, said, “Almost every witness and submitter to the inquiry noted that the rights of women and children were in decline globally.

“This regression of the rights of women and children has been attributed to a combination of factors, including the impacts of COVID-19, climate change, and conflict and instability. Growing inequality and resistance from some nation-states who are hostile to the international human rights agenda has further exacerbated the situation,” Ms Vamvakinou said.

The report makes 10 recommendations aimed at strengthening and furthering measures to better support the rights of women and children globally, including:

  • the creation of an international policy aimed specifically at children that is similar to the current gender strategy;
  • the implementation of a suite of strategies designed to counteract orphanage trafficking and tourism;
  • highlighting gender-based violence as a key strategic issue in the new International Gender Equality Strategy that is to be developed and implemented by the Australian Government; and
  • improving legislative responses to the rights of victims of child exploitative material distributed online.

The report is now available on the JSCFADT website.

 

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Trade Subcommittee hearing with ASEAN members

THE Trade Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade will hold a public hearing in Canberra today for its inquiry into Australia’s tourism and international education sectors.

The subcommittee will be speaking with the Ambassador of Thailand and a representative from the Royal Embassy of Cambodia.

Chair of the Trade Subcommittee, Senator Deborah O’Neill, said, "Continuing to build robust people to people links with Australia’s neighbours is important for strengthening and maintaining existing strategic relationships in the region. Education and tourism have proven to be a key part of doing so.

"The subcommittee looks forward to hearing from representatives of the Royal Thai Embassy and the Royal Embassy of Cambodia on how Australia can further its engagement with their respective countries through education and tourism links," Senator O’Neill said.

Further information about the inquiry and program are available on the inquiry webpage. This hearing will be broadcast via the APH website.

Public hearing

Date: Wednesday, 29 November 2023Venue: Committee Room 2S1, Parliament House, CanberraTime: 9:15am – 10:30am (AEDT)

 

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