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senate vote 2021-11-25#2
Edited by
mackay staff
on
2022-10-14 16:07:37
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Title
Committees — Selection of Bills Committee; Report- Committees - Selection of Bills Committee; Report - Change reporting date
Description
<p class="speaker">Dean Smith</p><p>I present the 13th report for 2021 of the Selection of Bills Committee and I seek leave to have the report incorporated in <i>Hansard</i>.</p><p>Leave granted.</p><p class="italic"> <i>The report read as follows—</i></p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">REPORT NO. 13 OF 2021</p><p class="italic">25 November 2021</p><p class="italic">MEMBERS OF THE COMMITTEE</p><p class="italic">Senator Dean Smith (Government Whip, Chair)</p><p class="italic">Senator Perin Davey (The Nationals Whip)</p><p class="italic">Senator Stirling Griff (Centre Alliance Whip)</p><p class="italic">Senator Pauline Hanson (Pauline Hanson's One Nation Whip)</p><p class="italic">Senator Nick McKim (Australian Greens Whip)</p><p class="italic">Senator Anne Urquhart (Opposition Whip)</p><p class="italic">Senator Raff Ciccone</p><p class="italic">Senator Katy Gallagher</p><p class="italic">Senator Jacqui Lambie</p><p class="italic">Senator the Hon James McGrath</p><p class="italic">Senator Rex Patrick</p><p class="italic">Senator the Hon Anne Ruston</p><p class="italic">Secretary: Tim Bryant Ph. 6277 3020</p><p class="italic">1. The committee met in private session on Wednesday, 24 November 2021 at 7.20 pm.</p><p class="italic">2. The committee recommends that—</p><p class="italic">(a) the <i>provisions </i>of the Financial Accountability Regime Bill 2021, Financial Sector Reform (Hayne Royal Commission Response No. 3) Bill 2021, Financial Services Compensation Scheme of Last Resort Levy Bill 2021 and Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2021 be <i>referred immediately </i>to the Economics Legislation Committee for inquiry and report by 15 February 2022;</p><p class="italic">(b) the <i>provisions </i>of the Migration Amendment (Protecting Migrant Workers) Bill 2021 be <i>referred immediately </i>to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 February 2022 (see appendix 1 for a statement of reasons for referral);</p><p class="italic">(c) the <i>provisions </i>of the Migration Amendment (Strengthening the Character Test) Bill 2021 be <i>referred immediately </i>to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 January 2022 (see appendix 2 for a statement of reasons for referral); and</p><p class="italic">(d) the Statute Law Amendment (Prescribed Forms) Bill 2021 be <i>referred immediately </i>to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 11 February 2022 (see appendix 3 for a statement of reasons for referral).</p><p class="italic">3. The committee recommends that the following bills <i>not </i>be referred to committees:</p><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">4. The committee deferred consideration of the following bills to its next meeting:</p><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">5. The committee considered the following bills but was unable to reach agreement:</p><ul></ul><ul></ul><p class="italic">(Dean Smith)</p><p class="italic">Chair</p><p class="italic">25 November 2021</p><p class="italic">Appendix 1</p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">Proposal to refer a bill to a committee</p><p class="italic">Name of bill:</p><p class="italic">Migration Amendment (Protecting Migrant Workers) Bill 2021</p><p class="italic">Reasons for referral/principal issues for consideration:</p><p class="italic">Significant changes to migrant worker protections under the Migration Act, including strong concerns from a wide range of stakeholders.</p><p class="italic">Possible submissions or evidence from:</p><p class="italic">Unions, civil society, legal groups, migrant support groups, farmers, supermarkets, horticulture, and agriculture organisations, including Ai Group, AMES Australia, ACCI, Australian Fresh Produce Alliance, Fragomen Australia, Hammond Taylor, IARC Unions NSW, Immigration Solutions, Law Council of Australia, Migrant Worker Justice Initiative, Migrant Workers Centre, Migration Institute of Australia, NTEU, Professor Joanna Howe, Recruitment, Consulting and Staffing Association, Redfern Legal Centre, Retail Supply Chain Alliance, Settlement Council of Australia, Salvation Army, Uniting Church, United Workers Union, WEstJustice, Woolworths, Coles and Aldi.</p><p class="italic">Committee to which bill is to be referred:</p><p class="italic">Legal and Constitutional Affairs</p><p class="italic">Possible hearing date(s):</p><p class="italic">TBC</p><p class="italic">Possible reporting date:</p><p class="italic">Monday 15 February 2022</p><p class="italic">(signed)</p><p class="italic">A Urquhart</p><p class="italic">Whip Selection of Bills Committee member</p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">Proposal to refer a bill to a committee</p><p class="italic">Name of bill:</p><p class="italic">Migration Amendment (Protecting Migrant Workers) Bill 2021</p><p class="italic">Reasons for referral/principal issues for consideration:</p><p class="italic">To ensure the bill is consistent with recommendations of the Migrant Workers' Taskforce, which reported to the Minister for Small and Family Business, the Workplace, and Deregulation in 2019.</p><p class="italic">Possible submissions or evidence from:</p><p class="italic">Immigrant and migrant advocates, workers unions, recruitment industry, industry and sector peak bodies, legal experts.</p><p class="italic">Committee to which bill is to be referred:</p><p class="italic">SSC Education and Employment, or JSC Migration</p><p class="italic">Possible hearing date(s):</p><p class="italic">Inquiry to be conducted on the papers</p><p class="italic">Possible reporting date:</p><p class="italic">First sitting day of February 2022</p><p class="italic">(signed)</p><p class="italic">Nick McKim</p><p class="italic">Appendix 2</p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">Proposal to refer a bill to a committee</p><p class="italic">Name of bill:</p><p class="italic">Migration Amendment (Strengthening the Character Test) Bill 2021</p><p class="italic">Reasons for referral/principal issues for consideration:</p><p class="italic">The bill is materially different to the previous two iterations of the bill, both of which went to inquiry. It contains retrospectivity, engages human rights, and is possibly in breach of Australia's commitments to international obligations.</p><p class="italic">Possible submissions or evidence from:</p><p class="italic">Legal, human rights, and migration experts and stakeholders, e.g. Asylum Seeker Resource Centre, Human Rights Law Centre, Refugee Legal, Australian Human Rights Commission, Peter McMullin Centre on Statelessness, Refugee Council of Australia, Kaldor Centre for International Refugee Law, Kaldor Centre for International Refugee Law, and the Law Society of Australia.</p><p class="italic">Committee to which bill is to be referred:</p><p class="italic">Legal and Constitutional Affairs</p><p class="italic">Possible hearing date(s):</p><p class="italic">Non-sitting days in February</p><p class="italic">Possible reporting date:</p><p class="italic">(signed)</p><p class="italic">Nick McKim</p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">Proposal to refer a bill to a committee</p><p class="italic">Name of bill:</p><p class="italic">Migration Amendment (Strengthening The Character Test) Bill</p><p class="italic">Reasons for referral/principal issues for consideration:</p><p class="italic">The Bill has changed from the original version first introduced over three years ago. It now has significant implications for victims of domestic violence and needs adequate time for detailed consideration.</p><p class="italic">Possible submissions or evidence from:</p><p class="italic">Legal, civil society, refugee, asylum seekers, migrant support and domestic violence organisations.</p><p class="italic">Committee to which bill is to be referred:</p><p class="italic">Legal and Constitutional Affairs</p><p class="italic">Possible hearing date(s):</p><p class="italic">TBC</p><p class="italic">Possible reporting date: 15 February 2022</p><p class="italic">(signed)</p><p class="italic">A Urquhart</p><p class="italic">Whip/ Selection of Bills Committee member</p><p class="italic">Appendix 3</p><p class="italic">SELECTION OF BILLS COMMITTEE</p><p class="italic">Proposal to refer a bill to a committee</p><p class="italic">Name of bill:</p><p class="italic">Statute Law Amendment (Prescribed Forms) Bill 2021</p><p class="italic">Reasons for referral/principal issues for consideration:</p><p class="italic">While the EM states that the changes made by this bill are largely technical in nature, the bill would make changes to dozens of significant and often complex Acts. It is important to fully understand the impact of any changes made to those statutory regimes, whether intended or not, and an enquiry will enable those with particular expertise to provide submissions to the Committee about those impacts.</p><p class="italic">Possible submissions or evidence from:</p><p class="italic">Law Council of Australia</p><p class="italic">Other bodies with particular expertise in the various statutory regimes impacted by this bill.</p><p class="italic">Committee to which bill is to be referred:</p><p class="italic">Legal & Constitutional Affairs</p><p class="italic">Possible hearing date(s):</p><p class="italic">Given the technical nature of this bill, it is suggested that the inquiry be conducted on the papers. Any hearing dates, if required, to be determined by the committee.</p><p class="italic">Possible reporting date:</p><p class="italic">11 February 2022</p><p class="italic">(signed)</p><p class="italic">Senator Anne Urquhart</p><p>I move:</p><p class="italic">That the report be adopted.</p> <p class="speaker">Anne Ruston</p><p>I seek leave to move, together, two amendments to the Selection of Bills Committee report.</p><p>Leave granted.</p><p>I move:</p><p class="italic">(1) At the end of the motion, add "and the Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021 not be referred to a committee".</p><p class="italic">(2) At the end of the motion, add "and, in respect of the Religious Discrimination Bill 2021, the Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment Bill 2021, the provisions of the bills be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 1 February 2022".</p> <p class="speaker">Nick McKim</p><p>Mr President, for clarity, could you indicate if the question on these motions will be put separately?</p> <p class="speaker">Slade Brockman</p><p>You have requested that the matters be addressed separately, and they will be addressed separately.</p> <p class="speaker">Katy Gallagher</p><p>The opposition doesn't have a problem with the amendment the government has moved on the Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021, but we do have an issue in respect of the Religious Discrimination Bill 2021. Our preference would be that this matter go before a joint select committee, but I am advised I cannot move an amendment to that effect in this part of the program. We do believe that on a bill like this, on an issue that has attracted interest from a number of different stakeholders, it would be good if the parliament dealt with this across both chambers, with people from both chambers being able to participate in that inquiry. That would be our preference.</p><p>I'm reading the room that perhaps the government has the numbers for this, but a reporting date of 1 February really doesn't show any genuine interest at all in having a genuine inquiry into this report or the ability for stakeholders to participate in an inquiry like that. It's essentially saying, 'Yes, we will conduct an inquiry, but it will be held only over the Christmas holidays, after a year like this.'</p><p>I think it shows a lack of seriousness from the government about dealing with this in a way that brings people together, which is our preference. We notice from the way the government has chosen to conduct the discussions around the preparation of this bill that they haven't reached across the chambers to other parties in this place. They haven't invited people to the table to assist with the drafting and we didn't have a copy of it until it was released publicly, and that was after three or four days of media speculation and briefing out to the media about what was in it and what wasn't in it. I think that from our point of view there's a lack of genuineness from the government about dealing with this in a way that's in the national interest as opposed to some political interests. The reporting date—seriously—also supports my view on that: 1 February really isn't long enough for a suitable inquiry into this matter.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
- The same number of senators voted for and against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-11-25.30.1) to a motion, which means it failed. This amendment would have changed the reporting date from 21 March 2022 to 15 February 2022.
- ### Amendment text
- > *Omit "21 March 2022", substitute "15 February 2022".*
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