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senate vote 2017-06-22#2
Edited by
mackay staff
on
2023-11-24 12:23:12
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Title
Bills — Australian Education Amendment Bill 2017; in Committee- Australian Education Amendment Bill 2017 - in Committee - Transition period
Description
<p class="speaker">Sue Lines</p><p>The committee is considering the Australian education Amendment bill 2017 and amendments (1) to (3) on sheet 8177 moved by Senator Hanson-Young. The question is that the amendments be agreed to.</p>-
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2017-06-22.193.1) introduced by South Australian Senator [Simon Birmingham](https://theyvoteforyou.org.au/people/senate/sa/simon_birmingham) (Liberal), which means they passed and will now be included in the bill.
- Senator Birmingham [explained that](https://www.openaustralia.org.au/senate/?gid=2017-06-22.193.1):
- > *The amendments I have just moved, which are now before the chamber, will accelerate the transition period that the government has proposed for all of those schools and systems who are below the 20 per cent and 80 per cent shares. It will not have any impact on those systems or independent authorities who are above the 20 per cent or 80 per cent shares. It will ensure, though, that those who are below that will transition to that common share of 20 per cent and 80 per cent over the next six years. By 2023, we will have every government school system in the country being treated equally, fairly, by the Commonwealth government according to the Gonski formula. By 2023, we will see all of those underfunded, non-government schools and systems treated equally and fairly and transition to a common formula of the Gonski funding.*
- ### Amendment text
- > *(1) Schedule 1, item 1, page 3 (line 9), after "year", insert "for the school".*
- >
- > *(2) Schedule 1, page 3 (after line 10), after item 1, insert:*
- >
- >> *1A Section 6*
- >>
- >> *Insert:*
- >>
- >>> *6 -year transitioning school means a transitioning school whose starting Commonwealth share is less than its final Commonwealth share.*
- >
- > *(3) Schedule 1, page 3 (after line 10), before item 2, insert:*
- >
- >> *1B Section 6*
- >>
- >> *Insert:*
- >>
- >>> *final Commonwealth share has the meaning given by subsection 35B(6).*
- >
- > *(4) Schedule 1, page 3 (after line 23), after item 5, insert:*
- >
- >> *5A Section 6*
- >>
- >> *Insert:*
- >>
- >>> *starting Commonwealth share has the meaning given by subsection 35B(2).*
- >
- > *(5) Schedule 1, item 6, page 4 (line 4), omit the definition of transition year, substitute:*
- >
- >> *transition year means:*
- >>
- >>> *(a) for a school other than a 6-year transitioning school—a year from 2018 to 2027 (inclusive); or*
- >>>
- >>> *(b) for a 6-year transitioning school—a year from 2018 to 2023 (inclusive).*
- >
- > *(6) Schedule 1, item 16, page 6 (line 24), after "year", insert "for the school".*
- >
- > *(7) Schedule 1, item 16, page 8 (line 9), after "transition rate", insert "for a school other than a 6-year transitioning school".*
- >
- > *(8) Schedule 1, item 16, page 8 (after line 12), after subsection 35B(7), insert:*
- >>
- >> *(7A) Unless the regulations otherwise provide, the transition rate for a 6-year transitioning school:*
- >>
- >>> *(a) for the transition year 2018 is 16.67%; and*
- >>>
- >>> *(b) for each transition year from 2019 to 2022 (inclusive) is the transition rate for the previous year increased by 16.67 percentage points; and*
- >>>
- >>> *(c) for the transition year 2023 is 100%.*
- >
- > *(9) Schedule 1, item 16, page 8 (line 13), after "transition year", insert "for a school".*
- >
- > *(10) Schedule 1, item 16, page 8 (line 16), after "subsection (7)", insert "or (7A)".*
- >
- > *(11) Schedule 1, item 40, page 13 (line 1), omit "transition year", substitute "year from 2018 to 2027 (inclusive)".*
- >
- > *(12) Schedule 1, item 47, page 17 (line 21), omit "10 transition", substitute "6 to 10".*
- >
- > *(13) Schedule 1, item 47, page 17 (line 29), omit "transition", substitute "6 to 10".*
- >
- > *(14) Schedule 1, item 71, page 22 (line 6), omit "10 transition", substitute "6 to 10".*
- >
- > *(15) Schedule 1, item 82, page 24 (line 26), omit "transition years", substitute "the years 2018 to 2027".*
<p class="speaker">Sarah Hanson-Young</p><p>Just going back to the discussion we were having prior to the break before question time, I want to seek some advice from the chair as to what is the best way to proceed. I think everyone understands what we have done, but just to clarify, I would like to move my amendments (1) and (2) on sheet 8177. We are not referring to amendment (3). That is now going to be moved as a separate amendment as amendment (1) on sheet 8179. I am wondering whether I am able to seek leave to move all three of them together, or whether I need to move the two sheets separately.</p><p>The CHAIR: I am advised that you have already moved the three together. You should now seek leave to remove amendment (3).</p><p>I seek leave to remove amendment (3) on sheet 8177.</p><p>Leave granted.</p> <p class="speaker">Jacinta Collins</p><p>I am not going to prolong this overall discussion in relation to a schooling resource body. I think I have given reasonably clear indications so far that we prefer the more independent model that we have proposed subsequently. I appreciate that the Greens are attempting to improve what has been proposed here in government amendments, but our position will be to oppose these Greens amendments and oppose the government's amendments, because we prefer the more independent body that we will be proposing in subsequent amendments. I have also indicated that we are happy to entertain further amendments along the lines of the discussion that occurred here earlier, were these measures to fail.</p><p>Aside from that, probably the only outstanding issue I have, which I hope the minister can address, follows from the discussion earlier from Senator Lambie about what funding we are looking at for the National School Resourcing Board, I would like to understand where that funding is coming from. Minister, can you take me to the provisions that account for those funds to be made available for this board?</p> <p class="speaker">Simon Birmingham</p><p>I obviously gave an indication of the figures earlier.</p> <p class="speaker">Jacinta Collins</p><p>It's not the figures I'm asking—</p> <p class="speaker">Simon Birmingham</p><p>No, that is right. They will be normally appropriated. It is not funding provided under the Australian Education Act, which, of course, is a mechanism for funding to be provided to approved authorities and so forth. This will be normal government appropriations for departmental or other entity funding, which will be outlined and reflected in MYEFO with the funding for this entity.</p> <p class="speaker">Jacinta Collins</p><p>Minister, what I am seeking to clarify, though, is: does this arrangement involve a requirement for additional funds than have already been outlined in MYEFO, given the lateness of these measures, or does this mean that these funds come at the expense of other allocations that have been made prior to the arrangements to establish this board or is there some general appropriation for which additional funding will be found? I want to satisfy the Senate that the establishment of this board is not going to compromise other existing funding allocations within your portfolio.</p> <p class="speaker">Simon Birmingham</p><p>This is additional funding to that reflected in the budget which will be reflected and budgeted for appropriately in MYEFO.</p> <p class="speaker">Jacinta Collins</p><p>Perhaps I can take this opportunity to ask the minister if he is in the position to provide any of the other information that was canvassed in the previous session discussing this bill. Perhaps the clerks could assist me also. I know we made some progress just before the hours motion kicked back in, and we are now on this bill. Was the minister's response to the order for production of documents tabled during that period? I am seeing a no to that, so I will ask the minister again. We are in this ludicrous situation where, under the government's hours motion, we still do not have before the Senate your response, Minister, to an earlier order for production of documents that the Senate endorsed earlier this week. The deadline is now probably about two days old. You told us that you provided a letter to the President responding to that order of the Senate. I earlier asked why the usual courtesy of conveying that information to the senator moving that motion was not satisfied, and I still have no answer or sight of that letter.</p><p>The Senate is now following the hours motion that was agreed to between the government and the crossbench, but we are in this farcical situation where an order for production of documents in relation to the consideration of this bill has still not been provided to the Senate. Minister, I essentially beseech you now, because I do not think it is appropriate conduct for the Senate in scrutiny of legislation for there to be an outstanding order for production of documents when we are trying to progress this legislation. Despite all of the cooperation that has been going on here during the committee stage consideration, us taking that step exposes the farcical element of this process. I beseech you, Minister, to at least table that letter during this committee stage consideration so that this Senate is not left in the situation where it does not have a response to an order for production of documents.</p> <p class="speaker">Sarah Hanson-Young</p><p>by leave—I move amendment (1) on sheet 8179:</p><p class="italic">(1) Amendment (7), item 106, after subsection 128(7), insert:</p><p class="italic">(7A) A review may also address the following:</p><p class="italic">(a) whether the Commonwealth, a State, a Territory or an approved authority has:</p><p class="italic">(i) not distributed funding on a needs basis; or</p><p class="italic">(ii) funded a school below its share for a year; or</p><p class="italic">(iii) funded a school above its share for a year;</p><p class="italic">(b) measuring improved educational outcomes for students against the rate of school funding.</p> <p class="speaker">Nick Xenophon</p><p>Can I just indicate on behalf of my colleagues so there is no ambiguity that we strongly support these amendments. Amendments (1) and (2) on sheet 8177 do allow for a greater degree of transparency. They give greater teeth to the National Schools Resourcing Board. The other amendment on sheet 8179 is an one that is, again, an accountability and transparency measure, including for educational outcomes. It is something that I know my colleague Senator Lambie, who is not in the chamber now, has indicated her support for. I think that these are important transparency measures to improve the outcomes arising out of this bill. My colleagues and I strongly support these measures, and I look forward to their passage.</p> <p class="speaker">David Leyonhjelm</p><p>The question is that amendments (1) and (2) on sheet 8177 and amendment (1) on sheet 8179 be agreed to.</p><p>Question agreed to.</p> <p class="speaker">Simon Birmingham</p><p>Just so that the chamber is clear: this should bring us back to the motion before the chair, which is for the Senate to consider amendments (1) and (7) on government sheet GX167, as now amended, incorporating the components of Senator Hanson-Young's two amendments.</p> <p class="speaker">Jacinta Collins</p><p>Chair, can I just clarify an issue with the running sheet so that we are all in the same place here?</p> <p class="speaker">David Leyonhjelm</p><p>That is risky, Senator Collins. I might have to ask the Clerk.</p> <p class="speaker">Jacinta Collins</p><p>That is fine. If the Clerk can assist, we would be very grateful. So far in the committee stage consideration we have dealt with request (2). My understanding was that we then dealt with the cluster of amendments (3), (4) and (6), but I do not see how that is reflected in revised (3).</p><p>The TEMPORARY CHAIR: It is (3), (4) and (5), I am advised.</p><p>My understanding was that we did (3), (4) and (6), and after that we then did (5).</p><p>The TEMPORARY CHAIR: That is correct.</p><p>Okay. If we could have the running sheet amended so that we are all in the same place, understanding what progress we have made, that would assist us, I think, in this committee consideration. As the minister said, we are now dealing with amendments (1) and (7), which are essentially the government's amendments with respect to the schooling resourcing body. I have indicated in response to Senator Hanson-Young that our position is that we prefer the greater independence and the greater specificity of our proposed amendments in relation to particularly the review of the SES, so we will deal with those subsequently. For that reason, we do not support the proposal that the government has negotiated with the crossbench.</p> <p class="speaker">Sarah Hanson-Young</p><p>I would just like to indicate the Australian Greens' support for this overall amendment, now that we have been able to strengthen the role of this body. I think this is an important step forward. I acknowledge, of course, that more independence and ensuring that it undertakes specific reviews are important. I would just like to ask the minister: Minister, could you just reconfirm for the record in relation to this amendment creating this body that it will be directed to review the SES formula and to look at the auditing and accounting of children with disability?</p> <p class="speaker">Simon Birmingham</p><p>I am happy to confirm for Senator Hanson-Young, as indicated on a few occasions in debate already, that they will be tasked with those two jobs sequentially. The first order of business will be to look at the SES methodology, including its interaction with capacity-to-contribute arrangements.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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