How Kristina Keneally voted compared to someone who believes that The federal government should make its data and documents more accessible for the general public and Parliament

Division Kristina Keneally Supporters vote Division outcome

18th Mar 2021, 4:36 PM – Senate Documents - Covid-19 Vaccination Certificates - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Victorian Senator Kimberley Kitching (Labor), which means it succeeded.

Motion text

That—

(1) There be laid on the table, by the Minister representing the Minister for Government Services (Senator Ruston), by not later than the third business day of each month, a report, setting out, for the previous calendar month:

(a) the number of COVID-19 vaccination certificates issued;

(b) the total number of COVID-19 vaccination certificates issued to date;

(c) the number of COVID-19 vaccination certificates uploaded to the Australian Immunisation Register;

(d) the number of COVID-19 vaccination certificates made available on the myGov app;

(e) the number of COVID-19 vaccination certificates made available on the Medicare Express Plus app; and

(f) the average number of days between an individual receiving the COVID-19 vaccination and a COVID-19 vaccination certificate being made available to them.

(2) The first report is due on the third business day of April 2021 covering the period 1 March to 31 March 2021.

(3) If the Senate is not sitting when an update is ready for presentation, the report is to be presented to the President under standing order 166.

(4) This order is of continuing effect until 31 December 2022.

absent Yes Passed by a small majority

22nd Feb 2021, 3:48 PM – Senate Documents - Future Submarines - Order for the Production of Documents

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The majority voted in favour of a motion introduced at the request of South Australian Senator Penny Wong (Labor), which means it succeeded.

Motion text

That—

(a) there be laid on the table by the Minister for Defence, by no later than 9.30 am on Wednesday 24 February 2021, documents (including text messages or any other messages or communications transmitted via electronic or like facilities) held by the Minister or the Minister's office relating to messages between the Minister for Defence and the French Minister of the Armed Forces regarding Naval Group's Australian Industry Capability commitment for the Future Submarines; and

(b) documents to be produced under paragraph (a) include any documents that "explicitly stated and included agreement to a commitment on the part of Naval Group 'to a level of Australian industry capability that will have the effect of at least 60 per cent of the Naval Group contract value spent in Australia'" as referred to in the answer to question on notice no. 51 from the 4 March 2020 additional estimates hearings for the Department of Defence through the Foreign Affairs, Defence and Trade Legislation Committee.

absent Yes Passed by a small majority

17th Feb 2021, 4:21 PM – Senate Documents - Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - Produce documents

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The majority voted in favour of a motion introduced by WA Senator Jordon Steele-John (Greens), which means it succeeded.

Motion text

That there be laid on the table, by the Minister representing the Attorney-General, by no later than 10.30am on Monday, 22 February 2021:

(a) all documents and correspondence between the Attorney-General's Department and the Attorney-General and his office relating to the planning, drafting and introduction of legislation seeking to amend the Royal Commissions Act 1902 to extend confidentiality protections for people giving evidence to the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability; and

(b) all documents and correspondence between the Attorney-General's Department and the Attorney-General and his office relating to the letter sent by the Chair of the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability, Ronald Sackville AO QC, on 14 February 2020 and the subsequent interim report commentary in October 2020 requesting the change to the Royal Commissions Act 1902 to assure confidentiality provisions for witnesses and people giving evidence to the commission.

absent Yes Passed by a small majority

10th Dec 2020, 7:26 PM – Senate Documents - Climate Ambition Summit - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Victorian Senator Janet Rice (Greens), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Prime Minister, by no later than 9.30 am on 11 December 2020, any correspondence from any of the hosts of the Climate Ambition Summit 2020 to the Australian Government in relation to Australia's participation or attendance at the summit.

Yes Yes Passed by a small majority

9th Dec 2020, 4:14 PM – Senate Documents - Australian Broadcasting Corporation - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Queensland Senator Gerard Rennick (Liberal), which means it passed.

Motion text

That there be laid on the table by the Minister representing the Minister for Communications, Cyber Safety and the Arts, by no later than midday on 10 December 2020, the report by Kerry Blackburn, commissioned by the Australian Broadcasting Corporation (ABC), in relation to the ABC's coverage of the 2019 election.

No Yes Passed by a small majority

8th Dec 2020, 9:39 PM – Senate Foreign Investment Reform (Protecting Australia's National Security) Bill 2020 - Second Reading - Publish certain information

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absent Yes Not passed by a modest majority

8th Dec 2020, 4:48 PM – Senate Documents - Age of Criminal Responsibility - Order for the Production of Documents

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The majority voted against a motion introduced by Victorian Senator Lidia Thorpe (Greens), which means it failed.

Motion text

That there be laid on the table by the Minister representing the Attorney-General, Senator Marise Payne, by no later than midday on Wednesday, 5 February 2021:

(a) all submissions received by the Council of Attorneys General's Age of Criminal Responsibility Working Group regarding raising the age of criminal responsibility;

(b) any reports, including interim and draft reports, from the Age of Criminal Responsibility Working Group, including recommendations, to the Council of Attorneys General regarding the age of criminal responsibility;

(c) any advice prepared by the Age of Criminal Responsibility Working Group to the Council of Attorneys-General regarding the age of criminal responsibility;

(d) any advice prepared (in the past twelve months) by the Age of Criminal Responsibility Working Group to the Attorney-General regarding the age of criminal responsibility; and

(e) any advice, including drafts, prepared by the Attorney-General's Department regarding the age of criminal responsibility.

absent Yes Not passed by a small majority

12th Nov 2020, 12:09 PM – Senate Documents - Covid-19: International Travel - Order for the Production of Documents

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The same number of senators voted for and against a motion introduced by Tasmanian Senator Anne Urquhart (Labor), which means it failed.

Motion text

That—

(1) The Senate notes that the Prime Minister has made a commitment to the Australian public to ensure that stranded Australians will be home to celebrate Christmas with their families and loved ones, and that regular and timely information should be reported to the Senate and the Australian people to provide oversight and transparency on activities relating to the work to bring stranded Australians home.

(2) There be laid on the table by the Minister for Foreign Affairs, by not later than 7 days after, the Saturday of each calendar week until 31 January 2021, a weekly update which must include:

(a) the total number of stranded Australians that returned to Australia during the identified week;

(b) the total number of stranded Australians that remain overseas, along with the total number per country in which they are stranded and broken down by;

(i) age,

(ii) gender, and

(iii) Australian state or territory of usual residence;

(c) the total number of non-Australian citizens that entered Australia during the identified week broken down by visa class and nationality.

(3) In respect of paragraphs (2)(a) and (b), the update must include a weekly and cumulative total and separate total for the number of at-risk Australians.

(4) For the purposes of the update, stranded Australians, means Australian citizens registered with the Department of Foreign Affairs and Trade who are wishing to return home.

(5) If the Senate is not sitting when a weekly update is ready for presentation, the statement is to be presented to the President under standing order 166.

absent Yes Not passed

18th Jun 2020, 12:18 PM – Senate Documents - Rural and Regional Australia - Order for the Production of Documents

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The majority voted in favour of a motion introduced by South Australian Senator Rex Patrick (Centre Alliance), which means it passed.

Motion text

That—

(1) The Senate notes that:

(a) the House of Representatives Select Committee on Regional Development and Decentralisation released the 'Regions at the Ready: Investing in Australia's Future' report on 28 June 2018;

(b) recommendation twelve of that report called on the government to develop a clear regional development policy through a comprehensive Regional Australia White Paper, following a Green Paper public consultation process;

(c) the Government established an expert panel to "undertake a targeted assessment of the key issues raised in the Report, including the development of a White Paper" which was to report to Government by 31 March 2019; and

(d) the report of the expert panel has not been made available to the Parliament or to the public.

(2) There be laid on the table by the Minister representing the Minister for Infrastructure, Transport and Regional Development, by no later than 18 June 2020, a copy of the expert panel report on the 'Regions at the Ready: Investing in Australia's Future' report.

absent Yes Passed by a small majority

17th Jun 2020, 4:22 PM – Senate Committees - Covid-19 Select Committee - Provide information

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The majority voted in favour of a motion introduced by ACT Senator Katy Gallagher (Labor), which means it passed.

Motion text

That the Senate—

(a) notes that:

(i) on 8 April 2020 the Senate unanimously supported the establishment of the Senate Select Committee on COVID-19 to inquire into the Government's response to the pandemic,

(ii) the Leader of the Government in the Senate told the chamber on 8 April 2020 that "we do believe there is a need for scrutiny" and that "it is very important to have in place a committee of the type that is being proposed",

(iii) the Government has refused to provide the Senate Select Committee on COVID-19 with important information relevant to its inquiry including:

(A) modelling and scenario work undertaken by Treasury on the Government's response to the COVID-19 pandemic, and

(B) the date the Chief Medical Officer first briefed Cabinet on COVID-19, and

(iv) in relation to each of the examples in paragraph (a) (iii):

(A) the Government has asserted that it cannot provide the relevant information because it pertains to Cabinet,

(B) the Government has failed to make a public interest immunity claim in relation to the information sought,

(C) in particular, no attempt has been made to identify any specific harm to the public that would result from disclosing the information, and

(D) the Committee has reiterated its requests for information and, in the case of the Treasury modelling, did not accept the Department's answer;

(b) reaffirms:

(i) the resolution of the Senate of 16 July 1975 relating to the powers of the Senate and the accountability of witnesses and requiring that any claim to withhold information from the Senate be based on an established ground,

(ii) the order of the Senate of 13 May 2009 (the 'Cormann order'), which sets out the process to be followed for witnesses, including ministers, to raise public interest immunity claims, including by stating the grounds of those claims and the harm that might be occasioned by providing the information, and

(iii) the principle that information may only be withheld following consideration by the Senate of a properly founded claim of public interest immunity, as laid out in the Cormann order and reaffirmed in orders of the Senate of 22 September 2020, 10 February 2011, 3 March 2016, 11 October 2016, and 12 September 2017; and

(c) orders the Minister representing the Treasurer and the Minister representing the Minister for Health to provide the information identified in paragraph (a) (iii) to the Senate Select Committee by 12 pm Thursday 18 June.

absent Yes Passed by a small majority

16th Jun 2020, 4:23 PM – Senate Documents - Administrative Appeals Tribunal - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Tasmanian Senator Anne Urquhart (Labor), which means it passed.

Motion text

That—

(1) There be laid on the table by the Minister representing the Attorney-General, by no later than 9 am on 30 July 2020, a copy of each decision by the Social Services & Child Support Division of the Administrative Appeals Tribunal (AAT) dated between 1 July 2015 and 27 November 2019 (with any redactions that are necessary to protect personal privacy) in which a Member of the AAT determined that: for the purpose of sections 1222A(a) and 1223(1) of the Social Security Act 1991, no debt or debt component is able to be founded on the basis of extrapolations from Australian Taxation Office records (however expressed).

(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under Standing Order 166.

absent Yes Passed by a small majority

11th Jun 2020, 4:46 PM – Senate Motions - Pensions and Benefits - Provide information about Robodebt

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The majority voted in favour of a motion introduced by Northern Territory Senator Malarndirri McCarthy (Labor), which means it passed.

Motion text

That the Senate—

(a) notes that the Morrison Government:

(i) has announced it will refund at least $721 million that it unjustly enriched itself with by raising unlawful debts against Australians,

(ii) for years denied Robodebt was illegal, but on Friday 29 May 2020 conceded that "There wasn't a lawful basis" for the scheme, and

(iii) only admitted Robodebt was unlawful and suspended the scheme after a class action was launched on behalf of 600,000 victims; and

(b) calls on the Minister representing the Minister for Government Services to produce all answers to questions asked by the Senate Community Affairs Legislation and References Committees relating to Robodebt over which there have been public interest immunity claims made.

absent Yes Passed by a small majority

11th Jun 2020, 3:49 PM – Senate Motions - Sheean, Ordinary Seaman Edward (Teddy) - Provide advice to the Senate

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The majority voted in favour of a motion introduced by Tasmanian Senator Anne Urquhart (Labor), also on behalf of Tasmanian Senator Jacqui Lambie (Jacqui Lambie Network), which means it succeeded.

Motion text

That—

(1) The Senate notes that:

(a) on 23 July 2019 the Defence Honours and Awards Appeals Tribunal decided to recommend to the Minister for Defence Personnel that:

(i) the decision by the Chief of Navy to refuse to recommend the award of the Victoria Cross for Australia to Ordinary Seaman Edward Sheean in respect of his actions in HMAS Armidale during a Japanese aerial attack in the Timor Sea on 1 December 1942 be set aside, and

(ii) the Minister recommend to the Sovereign that Ordinary Seaman Edward Sheean be posthumously awarded the Victoria Cross for Australia for the most conspicuous gallantry and a pre-eminent act of valour in the presence of the enemy in HMAS Armidale during a Japanese aerial attack in the Timor Sea on 1 December 1942;

(b) the Prime Minister explained in part his rejection of the recommendations to ABC Tasmania on 26 May 2020 by saying "I have taken advice from Australia's military chiefs past and present in making this decision".

(2) There be laid on the table, by no later than noon on Wednesday 17 June 2020, by the Minister representing the Prime Minister, all copies of documents and correspondence, whether written letters or via email, referred to in the advice outlined in (1) (b) above, held by the Prime Minister or his department relating to the decision of the Prime Minister to reject the recommendation of the Defence Honours and Awards Appeals Tribunal decision in Barnett and the Department of Defence re: Sheean [2019] DHAAT 09 (23 July 2019).

absent Yes Passed by a small majority

26th Feb 2020, 4:25 PM – Senate Documents - Commonwealth Grants Rules and Guidelines - Order for the Production of Documents

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The same number of senators voted for and against a motion introduced by Queensland Senator Larissa Waters (Greens), which means it failed.

Motion text

(1) That there be laid on the table by the Minister for Finance, by no later than 2 pm on 23 March 2020, all reports and correspondence received by the Minister for Finance from other Ministers under paragraph 4 of the Commonwealth Grants Rules and Guidelines 2017 or 4 of the previous Commonwealth Grants Rules and Guidelines between 1 August 2016 and 31 April 2019.

(2) In the event the Minister fails to table the reports and correspondence, the Senate requires the Minister representing the Prime Minister to attend the Senate on 25 March 2020, by no later than 10:15 am, to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents.

(3) Any Senator may move to take note of the explanation required by paragraph (2).

(4) Any motion under paragraph (3) may be debated for no longer than 60 minutes, shall have precedence over all government business until determined, and senators may speak to the motion for not more than 10 minutes each.

absent Yes Not passed

26th Feb 2020, 3:52 PM – Senate Documents - Commonwealth Grants Rules and Guidelines - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by Queensland Senator Larissa Waters (Greens), which means it failed.

Motion text

(1) That there be laid on the table by the Minister for Finance, by no later than 30 April of each calendar year:

(a) all reports and correspondence received by the Minister for Finance under paragraph 4 .12 of the Commonwealth Grants Rules and Guidelines 2017 during the preceding calendar year; and

(b) a summary of the decisions reported under paragraph 4.12 of the Commonwealth Grant Rules and Guidelines 2017, including the Central Budget Management System program title, sub-program, grant activity, grantee, total grant value, grant funding location, postcode, and a brief statement of reason for the decision.

(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.

(3) This order is of continuing effect.

absent Yes Not passed by a large majority

26th Feb 2020, 11:40 AM – Senate Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Bill 2020 - Second Reading - Robodebt

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The majority voted against an amendment to the usual second reading motion, which is that the bill be read for a second time (parliamentary jargon for agreeing with the main idea of the bill). It was introduced at the request of WA Senator Rachel Siewert (Greens), which means it failed.

Motion text

At the end of the motion, add:

", but the Senate calls on the Government to:

(a) come clean on the robodebt disaster;

(b) provide all legal advice relating to the robodebt program to the Senate; and

(c) use the savings generated from this bill to compensate robodebt victims".

Yes Yes Not passed by a small majority

25th Feb 2020, 5:00 PM – Senate Documents - South Coast Track Huts Walk - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Tasmanian Senator Nick McKim (Greens), which means the documents will need to be provided to the Senate.

Motion text

That there be laid on the table by the Minister representing the Deputy Prime Minister and the Minister for infrastructure, Transport and Regional Development no later than midday on 27 February 2020, the grant agreement between the Department of Infrastructure, Transport, Cities and Regional Development and South Coast Track Huts Walk Pty Ltd.

absent Yes Passed by a small majority

25th Feb 2020, 4:51 PM – Senate Documents - Environment Restoration Fund and Communities Environment Program - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by SA Senator Sarah Hanson-Young (Greens), which means it failed.

Motion text

That there be laid on the table by the Minister representing the Minister for the Environment, by not later than 9am on 27 February 2020,the following documents in relation to the Environment Restoration Fund, as announced in the 2019-20 Budget, and the Communities Environment Program, announced in March 2019 prior to the 2019-20 Budget:

(a) all communications between the Commonwealth policy entity responsible and the Minister for the Environment (the Minister) or the Minister's office in relation to the programs;

(b) all communications between the Minister and other parliamentarians in relation to the programs;

(c) all Ministerial briefs prepared for the Minister in relation to the programs;

(d) all administrative guidelines, including grant funding guidelines, in relation to the programs;

(e) any advice on the content of guidelines or program arrangements, or drafts of the same, prepared for the Minister in relation to the programs; and

(f) all documents prepared for the Minister relating to the eligibility and eligibility assessments for the programs.

absent Yes Not passed by a modest majority

25th Feb 2020, 4:47 PM – Senate Documents - Community Sport Infrastructure Grant Program - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Victorian Senator Janet Rice (Greens), which means it passed and the information will need to be provided to the Senate.

Motion text

(1) That there be laid on the table by the Minister representing the Prime Minister, by no later than 7:20 pm on 25 February 2020, the final report provided by the Secretary of the Department of the Prime Minister and Cabinet, Mr Phillip Gaetjens, to the Prime Minister in relation to the application of the Statement of Ministerial Standards to the former Minister for Sport's award of funding under the Community Sport Infrastructure Program.

(2) In the event the Minister fails to table the report, the Senate requires the Minister representing the Prime Minister to attend the Senate on 26 February 2020, prior to government business being called on, to provide an explanation, of no more than 10 minutes, of the Government's failure to table the report.

(3) Any Senator may move to take note of the explanation required by paragraph (2).

(4) Any motion under paragraph (3) shall have precedence over all government business until determined, and senators may speak to the motion for not more than 10 minutes each.

absent Yes Passed by a small majority

12th Feb 2020, 4:20 PM – Senate Documents - Energy - Order for the Production of Documents

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The same number of senators voted for and against a motion introduced by Queensland Senator Larissa Waters (Greens), which means it failed.

Motion text

That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction (Senator Birmingham) by 3:30 pm on 24 February 2020, all Departmental advice relating to establishing a coal-fired generation plant in Collinsville, Queensland, including but not limited to:

(a) the suitability or otherwise of a new coal-fired power station in Queensland;

(b) current congestion issues in this part of the grid network; and

(c) any economic, greenhouse or environmental impacts of establishing the coal- fired power station.

absent Yes Not passed

5th Dec 2019, 12:39 PM – Senate Documents - Immigration Detention - Order for the Production of Documents

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The same number of senators voted for and against the motion, which means it failed. It had been introduced by Tasmanian Senator Nick McKim (Greens).

Motion text

That there be laid on the table by the Minister representing the Prime Minister, by the adjournment of the Senate on 5 December 2019, any communication, including attached documents, between ministers of the Government and Senator Lambie, or their staff, relating to negotiations between the aforementioned parties regarding the Migration Amendment (Repairing Medical Transfers) Bill 2019.

absent Yes Not passed

3rd Dec 2019, 4:04 PM – Senate Documents - Stromlo-1 Exploration Drilling Program - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by SA Senator Sarah Hanson-Young, which means it failed.

Motion text

That there be laid on the table by the Minister representing the Minister for Industry, Science and Technology, by 9 am on 5 December 2019:

(a) all correspondence between the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) and Equinor on its request for Equinor to modify and resubmit its environmental plan in relation to the Stromlo-1 Exploration Drilling Program;

(b) all correspondence between NOPSEMA and Equinor in relation to the notice issued by NOPSEMA on 8 November 2019 requesting further information about matters relating to consultation, source control, oil-spill risk and matters under Part 3 of the Environment Protection and Biodiversity Conservation Act 1999; and

(c) all correspondence between NOPSEMA and Equinor, up to 2 December 2019, in relation to the Stromlo-1 Exploration Drilling Program since the issuing of the notice on 8 November 2019.

absent Yes Not passed by a modest majority

2nd Dec 2019, 4:25 PM – Senate Documents - Prime Minister - Order for the Production of Documents

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The majority voted in favour of a motion introduced in the name of South Australian Senator Penny Wong (Labor), which means the documents requested below must be provided to the Senate.

Motion text

(1) That the Senate requires the Minister representing the Prime Minister to attend the Senate at 12 noon on 3 December 2019 to table the following documents:

(a) a transcript of the phone call between the Prime Minister and the Commissioner of the New South Wales Police Force that took place on Tuesday, 26 November 2019;

(b) any notes taken by the Prime Minister, by his office or by officials during the call;

(c) any briefings prepared for the Prime Minister by his Department or office, for the purposes of the phone call; and

(d) any advice provided to the Prime Minister about the appropriateness of making the call.

(2) That following presentation of the documents, or in the event the Minister fails to table the documents, at 12 noon on 3 December 2019, any senator may move to take note of the response to paragraph (1).

(3) That any motion under paragraph (2) may be debated for no longer than 60 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes.

absent Yes Passed by a small majority

27th Nov 2019, 4:17 PM – Senate Documents - Pensions and Benefits - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Tasmanian Senator Anne Urquhart (Labor), which means it passed.

Motion text

(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate.

(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 5pm on 28 November 2019, all legal advice that has been received by the Government, the Department of Human Services, or Services Australia, relating to the 2015-16 Budget Measure 'Better Management of the Social Welfare System', the Online Compliance Intervention (OCI), the Employment Income Confirmation (EIC), and the Check and Update Past Information (CUPI), known as the 'Online Compliance Programme'.

absent Yes Passed by a small majority

27th Nov 2019, 4:12 PM – Senate Documents - Pensions and Benefits - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by WA Senator Rachel Siewert (Greens), which means it passed.

Motion text

(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate, and

(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 10 am on 28 November 2019, any legal advice received by the Government, or Services Australia (Department of Human Services), relating to the decision to stop relying solely on income-averaging processes to raise debts under the Income Compliance Programme.

absent Yes Passed by a small majority

15th Oct 2019, 5:55 PM – Senate Documents - Asylum Seekers - Order for the Production of Documents

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The majority voted in favour of a motion introduced by Tasmanian Senator Nick McKim (Greens), which means it succeeded and the relevant documents will need to be produced.

Motion text

That there be laid on the table by the Minister representing the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, by 5 pm on 16 October 2019, the final report on the review, led by Professor Peter Shergold, into Australia's integration, employment and settlement outcomes for refugees and humanitarian entrants, which was delivered to the Government in February 2019.

absent Yes Passed by a small majority

31st Jul 2019, 4:26 PM – Senate Documents - Climate Change - Order for the Production of Documents

Show detail

The majority voted against the following motion, which means it failed.

That there be laid on the table by the Minister for Foreign Affairs, by no later than 9.30 am on 1 August 2019, all draft and final versions, produced since July 2018, of the Department of Foreign Affairs and Trade's climate change action strategy for the foreign aid program.

It was introduced by NSW Senator Mehreen Faruqi (Greens).

absent Yes Not passed by a small majority

22nd Jul 2019, 4:03 PM – Senate Documents - Commissioner of Taxation - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by South Australian Senator Rex Patrick (Centre Alliance), which means it failed.

Motion text

(1) That the Senate notes that—

(a) on 12 October 2017, Mr Richard Boyle made a disclosure under the Public Interest Disclosure Act 2013 (PID Act) as a former employee of the Australian Taxation Office (ATO), alleging the ATO:

(i) had instructed employees to issue standard garnishee notices to seize funds from taxpayers' bank accounts without notice or consideration of their personal and business circumstances, and

(ii) in doing so, had required employees to engage in conduct that was unethical, unprofessional and against the Australian Public Service Code of Conduct;

(b) on 27 October 2017, the ATO decided not to further investigate Mr Boyle's disclosure on the basis that the information did not concern serious disclosable conduct as defined in the PID Act; and

(c) subsequent media inquiries found anomalies in the ATO's debt collection practices that appeared consistent with Mr Boyle's disclosure.

(2) That the Senate is of the opinion that examining the ATO's actions in relation to Mr Boyle's disclosure is consistent with the Senate's role in providing oversight of government administration.

(3) That the Senate orders the Commissioner of Taxation to provide all documents relating to the disclosure generated or received by Mr Boyle's supervisor, authorised officer and principal officer (as defined in the PID Act) including but not limited to notes, minutes, memoranda, letters, other external or internal correspondence, emails and/or Microsoft Office Communicator (MOC) conversations to the Economics Legislation Committee (the committee) by no later than 5 pm on 30 July 2019.

(4) That the committee, when it has considered the documents, report to the Senate as to whether the ATO's handling of disclosures by whistleblowers warrants further inquiry.

absent Yes Not passed by a modest majority

2nd Apr 2019, 4:54 PM – Senate Documents - Seismic Testing - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by NSW Senator Mehreen Faruqi (Greens), which means it failed.

Motion text

That the Senate—

(a) notes that:

(i) Asset Energy is planning to conduct further seismic testing for gas off the coast of Newcastle and the Central Coast in New South Wales,

(ii) seismic air gun blasting for offshore drilling creates underwater noise at extraordinarily high volumes, and it poses major risks to marine life of all sizes, including whales and dolphins,

(iii) tourism and local fishing industries rely on healthy oceans and have the potential to be severely impacted by seismic testing and offshore fossil fuel rigs, and

(iv) the community is deeply opposed to this proposal and hundreds of people have rallied against it along the coast of New South Wales; and

(b) orders that there be laid on the table by the Minister for Resources and Northern Australia, by no later than 9.50 pm on 15 April 2019:

(i) all correspondence, advice and briefing notes prepared by or for the National Offshore Petroleum Safety and Environmental Management Authority, the Minister for Resources and Northern Australia or the Minister for the Environment, regarding the Petroleum Exploration Permit 11 (also known as 'PEP 11') 'Baleen 20 HR Seismic Survey' approval, and

(ii) all correspondence, advice and briefing notes prepared by or for the National Offshore Petroleum Safety and Environmental Management Authority, the Minister for Resources and Northern Australia or the Minister for the Environment, regarding the PEP 11 extension of term granted by the National Offshore Petroleum Titles Administrator (NOPTA) in January 2018, including but not limited to, correspondence with the New South Wales Government between November 2015 and June 2017.

absent Yes Not passed by a modest majority

14th Feb 2019, 12:40 PM – Senate Documents - Gene Technology Regulations 2001 - Order for the Production of Documents

Show detail

The majority voted in favor of a motion introduced by Victorian Senator Janet Rice (Greens), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, by no later than 9am on 18 February 2019: draft advice issued to states and territories by the Department of Agriculture and Water Resources in relation to proposed amendments to the Gene Technology Regulations 2001, discussed at the Legislative and Governance Forum on Gene Technology meeting in October 2018.

Yes Yes Passed by a small majority

14th Feb 2019, 12:34 PM – Senate Documents - Association for the Conservation of Threatened Parrots - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by South Australian Senator Sarah Hanson-Young, which means it succeeded.

Motion text

That—

(a) the Senate notes that:

(i) the German-based Association for the Conservation of Threatened Parrots (ACTP) received permission to export 232 birds between 2015 and November 2018 for exhibition purposes,

(ii) among the birds exported were endangered Carnaby's black cockatoos, vulnerable Baudin's black cockatoos, naretha bluebonnets, gang-gang cockatoos and mutation varieties of king parrots and galahs,

(iii) the legal import and export of rare and endangered birds is governed by the 1975 Convention on International Trade in Endangered Species (CITES), of which Australia and Germany are signatories, and

(iv) the ACTP has no facilities freely open to the public; and

(b) there be laid on the table by the Minister representing the Minister for the Environment, by 15 February 2019, all documents and correspondence, including meeting minutes, that set out the owners of parrots that were supplied for the ACTP prior to the consignments being collated for export.

Yes Yes Passed by a small majority

13th Feb 2019, 4:42 PM – Senate Documents - Murray-Darling Basin Plan - Order for the Production of Documents

Show detail

The majority voted against a motion SA Senator Sarah Hanson-Young (Greens), which means it failed.

Motion text

(1) That the Senate notes that:

(a) the South Australian Royal Commission handed down its findings on 29 January 29 2019; and

(b) Commissioner Bret Walker SC found that the construction of the Murray-Darling Basin Plan was unlawful.

(2) That there be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, all legal advice received by the Department or relevant agencies, including the Murray-Darling Basin Authority, Commonwealth Environmental Water Holder and the National Water Commission, relating to the development of the Murray-Darling Basin Plan and the 2,750GL water recovery target.

No Yes Not passed by a modest majority

13th Feb 2019, 4:26 PM – Senate Documents - Murray-Darling Basin Plan - Order for the Production of Documents

Show detail

The majority voted against a motion introduced by SA Senator Sarah Hanson-Young (Green), which means it failed.

Motion text

(1) That the Senate notes that:

(a) the South Australian Royal Commission handed down its findings on 29 January 2019; and

(b) Commissioner Bret Walker, SC found that the construction of the Murray-Darling Basin Plan was unlawful.

(2) That there be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, by no later than 5 pm on Friday, 15 February 2019, all legal advice received by the Department or relevant agencies, including the Murray-Darling Basin Authority, Commonwealth Environmental Water Holder and the National Water Commission, relating to the development of the Murray-Darling Basin Plan and the 2750GL water recovery target.

No Yes Not passed by a modest majority

4th Dec 2018, 4:54 PM – Senate Documents - Mining - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Greens Senator Richard Di Natale (Vic) and Larissa Waters (Qld), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Minister for the Environment, on 6 December 2018, documents relating to the Department of the Environment (the Department) investigation into alleged breaches by the Adani Corporation at its Carmichael mine site, including:

(a) records of any site inspection, including any photographs or videos taken;

(b) any brief of evidence prepared to enable the Department to conclude its investigation;

(c) any advice sought and received on the scope of the definition of 'mining operations';

(d) any correspondence between the Department and Adani;

(e) any matters of national environmental significance plan/s for the management of direct and indirect impacts of mining operations on the Doongmabulla Spring Complex or Black-throated Finch; and

(f) any correspondence between the office of the Minister for the Environment and the Department.

absent Yes (strong) Passed by a small majority

3rd Dec 2018, 4:46 PM – Senate Documents - Centrelink - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced at the request of Labor Senator Doug Cameron (NSW) and Greens Senator Rachel Siewert (WA).

Motion text

That the Senate—

(a) notes that the Government has claimed public interest immunity in response to the order of the Senate of 14 November 2018 for the production of a document, namely, the independent review by KPMG of the Serco pilot program, which saw an additional 250 staff engaged to answer phone calls at Centrelink through Serco;

(b) further notes that, despite this claim of public interest immunity, significant portions of the final report have been referred to in the media, including:

(i) by the Minister for Human Services and Digital Transformation, Mr Keenan, in an opinion piece published by The Courier Mail on 30 October 2018 entitled, 'Adding 2750 staff will improve Centrelink waiting times, says Minister',

(ii) in an article entitled, 'Time to dole out the facts', published by The Courier Mail on 30 October 2018, in which the Minister is quoted referencing the findings of the report,

(iii) in an news item entitled, 'Hundreds of Centrelink call centre jobs are set to be privatised', by Channel Seven on 30 October 2018,

(iv) in a report on the Channel Nine Today Show on 30 October 2018, and

(v) in an article entitled, 'Coalition defends Centrelink contractors', published by the Canberra Times on 31 October 2018 in which the Minister is quoted referencing the findings of the report;

(c) in light of the publication of significant portions of the document, including by the Minister for Human Services and Digital Transformation, is of the view that there can be no legitimate claim that the public interest is served by withholding the document; and

(d) insists that there be laid on the table by the Minister representing the Minister for Human Services and Digital Transformation, by no later than 9 am on 5 December 2018, the independent review by KPMG of the Serco pilot program.

Yes Yes (strong) Passed by a small majority

29th Nov 2018, 12:23 PM – Senate Documents - Tourism Australia - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Labor Senator Anne Urquhart (Tas), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Prime Minister, by no later than 10 am on 3 December 2018, all documents regarding contracts entered into by Tourism Australia between 1 January 2004 and 31 January 2006.

Yes Yes (strong) Passed by a small majority

28th Nov 2018, 4:09 PM – Senate Documents - Live Animal Exports - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Greens Senator Mehreen Faruqi (NSW), which means it succeeded.

Motion text

That the following documents be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, no later than 9.50 pm on 3 December 2018:

(a) any draft versions of the 'Review of the Regulatory Capability and Culture of the Department of Agriculture and Water Resources in the Regulation of Live Animal Exports' provided to the Department of Agriculture and Water Resources or the Minister for Agriculture and Water Resources; and

(b) any correspondence between any or all of the following regarding this report or draft versions of the report: the Minister for Agriculture and Water Resources, the Department of Agriculture and Water Resources, and Mr Philip Moss, AM.

absent Yes (strong) Passed by a small majority

26th Nov 2018 – Senate Motions - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by a Centre Alliance Senator Rex Patrick (SA), which means it succeeded.

Motion text

(1) That the Senate notes that—

(a) on 16 October 2018, the Senate ordered the Commissioner of Taxation to provide information (company names to the Economics Legislation Committee related to designated financial entities that have lodged late, or not yet lodged, a corporate income tax return;

(b) on 5 November 2018, the Minister for Finance and the Public Service advanced a public interest immunity claim on the grounds that the disclosure of individual taxpayer information to the committee will harm the public interest by undermining public confidence in taxation laws and taxation administration;

(c) the Minister for Finance and the Public Service also claimed that the disclosure of this information will have a substantial adverse effect on the proper and efficient operations of the Australian Taxation Office;

(d) except in circumstances where the Parliament has explicitly carved out the ability for a House of Parliament to make inquiries, the secrecy provisions of legislation are subservient to the Constitution-derived inquiry powers of Senate;

(e) disclosing the names of financial entities that have not complied with tax laws does not undermine taxation laws and taxation administration, but rather may serve to encourage compliance with taxation laws; and

(f) Australia's tax transparency laws oblige the Commissioner of Taxation to annually publish selected income tax information, including the company name, for certain taxpayers and this has not resulted in the purported harm.

(2) That the Senate affirms that:

(a) there are few circumstances in which a corporation can be of the view they are entitled to anonymity;

(b) the public interest balance lies in favour of the disclosure of companies in breach of taxation law; and

(c) the Senate does not accept the public interest immunity claim advanced by the Minister for Finance and the Public Service.

(3) That the Senate orders the Commissioner of Taxation to comply with the balance of the order agreed to by the Senate on 16 October 2018.

absent Yes Passed by a small majority

26th Nov 2018 – Senate Motions - Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry - Publish submissions with consent

Show detail

The majority voted in favour of a motion introduced by Independent Senator Fraser Anning (Qld), which means it succeeded. Motions like these don't make legal changes on their own but are politically influential because they represent the will of the Senate.

Motion text

That the Senate requests the Financial Services Royal Commission to seek consent from each of the 10,000 people who have made submissions, and then where consent is granted, publish consented submissions on a public website (with the usual privacy considerations). This is so the public will be able to check that the Royal Commission's report in February 2019 will have dealt with all the issues raised by the public.

absent Yes Passed by a small majority

14th Nov 2018, 4:19 PM – Senate Documents - Gretals Australia Pty Ltd - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Labor Senator Anne Urquhart (Tas) at the request of Labor Senator Kim Carr

That there be laid on the table by the Minister representing the Prime Minister, Senator Cormann, by 10 am on 26 November 2018, all documents regarding the application, and decision to award government funding to Gretals Australia Pty Ltd.

Yes Yes (strong) Passed by a small majority

14th Nov 2018, 4:16 PM – Senate Documents - Great Barrier Reef Marine Park - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Greens Senator Larissa Waters, which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Minister for Infrastructure, Transport and Regional Development, by 26 November 2018:

(a) all documents or correspondence between the Australian Maritime Safety Authority (AMSA) and Carnival Australia, or its cruise line brand P&O Cruises Australia, in relation to the spilling of 27,000 litres of food waste and grey water into the Great Barrier Reef Marine Park on or around 26 August 2018, since the date of the incident;

(b) all documents or correspondence between AMSA and the Great Barrier Reef Marine Park Authority, in relation to the spilling of 27,000 litres of food waste and grey water into the Great Barrier Reef Marine Park on or around 26 August 2018, since the date of the incident; and

(c) all notifications, breaches and compliance actions taken by AMSA in relation to shipping pollution incidents for the last two years.

Yes Yes (strong) Passed by a small majority

14th Nov 2018, 4:12 PM – Senate Documents - Centrelink - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Greens Senator Rachel Siewert (WA), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Minister for Human Services and Digital Transformation, by 10 am on 26 November 2018, the independent review by KPMG of the Serco pilot program, which saw an additional 250 staff engaged to answer phone calls at Centrelink through Serco.

Yes Yes Passed by a small majority

13th Nov 2018, 4:01 PM – Senate Documents - Australian and Children's Screen Content Review - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Labor Senator Anne Urquhart (Tas), which means it succeeded.

Motion text

(1) That the Senate notes that:

(a) the Government announced the Australian and Children's Screen Content Review (the Review) 18 months ago in May 2017;

(b) public consultation for the Review concluded over a year ago in September 2017;

(c) the report of the Review was delivered to the Minister for Communications and the Arts almost a year ago in December 2017;

(d) the Government has not tabled a response to the report of the House of Representatives Standing Committee on Communications and the Arts inquiry into factors contributing to the growth and sustainability of the Australian film and television industry, tabled in December 2017; and

(e) the delay in the release of the report of the Review is hampering public debate on policy options and causing uncertainty for the screen production and interactive games sector in Australia.

(2) That there be laid on the table by the Minister for Communications and the Arts, by no later than 9 am on 15 November 2018, the report of the Australian and Children's Screen Content Review.

Yes Yes Passed by a small majority

13th Nov 2018, 3:57 PM – Senate Documents - Australian Research Council - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Labor Senator Kim Carr (Vic), which means it succeeded.

Motion text

That there be laid on the table by the Minister representing the Minister for Education, by no later than 9 am on 15 November 2018, the most recent incoming ministers brief from the Australian Research Council.

Yes Yes Passed by a small majority

13th Nov 2018, 3:52 PM – Senate Documents - Australian Research Council - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by Labor Senator Anne Urquhart (Tas), which means it succeeded.

Motion text

That the Senate—

(a) notes that:

(i) in evidence to the supplementary Budget estimates hearing of the Education and Employment Legislation Committee, the Chief Executive Officer of the Australian Research Council (ARC), Professor Sue Thomas, revealed that the former Minister for Education and Training, Senator Birmingham, had vetoed the funding of eleven humanities and social sciences grants,

(ii) the projects and scholars affected were not notified that their proposal had been deemed successful only to be denied funding by the former Minister; rather this intervention was deliberately and callously kept secret,

(iii) some of scholars involved have had their careers, professional reputation and employment status materially affected by this political interference,

(iv) there has been no comprehensive and detailed public explanation of the reason for the exercise of the ministerial veto, despite this being the practice of the past Labor Government, and

(v) the number of projects in the humanities and social sciences being funded by the ARC has fallen by 35% for Discovery project grants, and 51% for Discovery Early Career Researcher Awards (DECRA) between 2016 and 2018;

(b) condemns this political interference in the normal independent, rigorous and peer review process;

(c) acknowledges the universal condemnation of the Government's position from universities, the learned academies, the research community and ordinary Australians;

(d) urges all political parties, members and senators to commit to the Haldane principle that politicians should not make decisions on funding of individual research projects;

(e) calls on the Federal Government to provide a full and public explanation of why the then Minister for Education and Training arbitrarily rejected these eleven grants recommended by the ARC; and

(f) calls on the ARC to actively encourage the scholars whose grants were rejected to submit them again for the forthcoming grants rounds.

Yes Yes (strong) Passed by a small majority

17th Oct 2018, 4:05 PM – Senate Motions - Order for the Production of Documents - National Greenhouse Gas Inventory

Show detail

The majority voted in favour of a motion to produce the quarterly update of Australia's National Greenhouse Gas Inventory. This means the Minister for the Environment will have to provide this inventory to the Senate.

Motion text

(1) That there be laid on the table by the Minister representing the Minister for the Environment, by not later than 5 calendar months after each:

(a) 31 March;

(b) 30 June;

(c) 30 September; and

(d) 31 December

the quarterly update of Australia's National Greenhouse Gas Inventory.

(2) If the Senate is not sitting when a quarterly update is ready for presentation, the statement is to be presented to the President under standing order 166.

(3) This order is of continuing effect.

Yes Yes Passed by a small majority

16th Oct 2018, 3:50 PM – Senate Motions - Religious Freedom Review - Discrimination against LGBTI students and staff

Show detail

The majority voted in favour of motion introduced by Labor Senator Penny Wong, which means it succeeded.

Motion text

That the Senate—

(a) notes that:

(i) Australia is a tolerant and accepting nation and discrimination against LGBTI Australians has no place in our national laws,

(ii) the Government has had the Review into Religious Freedoms since May 2018, and has so far refused to release it so Australia can have a proper debate about these important issues,

(iii) repeated leaks over the last week have suggested that the review will recommend changes to exemptions from anti-discrimination legislation in relation to LGBTI students and staff,

(iv) many religious education institutions have made clear that they do not use, nor do they want, these exemptions, and

(v) these exemptions are out of step with the views and beliefs of most Australians; and

(b) calls on the Federal Government to:

(i) immediately introduce legislation which would abolish the current exemptions that permit discrimination against LGBTI students and staff in religious schools, and

(ii) immediately release the Review into Religious Freedoms so the Australian people can have a mature debate about how we can best balance protection of religious freedom with the rights of people to live free from discrimination, in compliance with the orders of the Senate of 19 September and 20 September 2018.

Yes Yes Passed by a small majority

20th Sep 2018, 10:01 AM – Senate Documents - Religious Freedom Review Expert Panel - Order for the Production of Documents

Show detail

The majority voted in favour of a motion to make certain documents available to Parliament, which was introduced by Greens Senator Janet Rice (Vic).

Motion text

That—

The Senate

(1) notes the claim of public interest immunity in response to the Senate Order to produce Religious Freedom Review Expert Panel;

(2) cites the Senate's Grounds for Public Interest Immunity Claims, where it states:

It is accepted that deliberations of the Executive Council and of the cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of those bodies. This ground, however, relates only to disclosure of deliberations. There has been a tendency for governments to claim that anything with a connection to cabinet is confidential.

(3) acknowledges the report does not relate to the deliberations of cabinet; and therefore

(4) insists the Order for the Production of Documents be complied with by 3pm 20 September 2018.

Yes Yes (strong) Passed by a small majority

17th Sep 2018, 3:43 PM – Senate Motions - Great Barrier Reef Foundation - Table due diligence report

Show detail

The majority voted in favour of a motion moved by Centre Alliance Senator Rex Patrick (SA), which means it succeeded.

Motion text

(1) That the Senate notes that:

(a) on 21 August 2018, the Senate agreed to an order for the production of documents directed at the Minister representing the Minister for the Environment and Energy for documents relating to the grant of $444 million to the Great Barrier Reef Foundation (the Foundation), including documents demonstrating due diligence was carried out on the Foundation;

(b) on 10 September 2018, the duty minister tabled the index to a due diligence report prepared by the Australian Government Solicitor but did not table the body of the report, making a public interest immunity claim of legal professional privilege;

(c) to the extent that the report fulfils a due diligence task, it cannot be characterised as legal advice and, therefore, cannot attract the privilege – it is noted the document comprised largely information that is available online free of charge or for a nominal fee, such as company details, insolvency notice search results, media searches, ASIC personal name search results, and AUSTLII case searches;

(d) the Senate does not accept legal professional privilege as a basis for a claim of public interest immunity unless it is established that there is some particular harm to be apprehended by the disclosure of the information;

(e) in Egan v Chadwick, Chief Justice Spigelman held that "in performing its accountability function, the Legislative Council may require access to legal advice on the basis of which the Executive acted, or purported to act...access to such advice will be relevant in order to make an informed assessment of the justification for the Executive decision. In my opinion, access to legal advice is reasonably necessary for the exercise by the Legislative Council of its functions"; and

(f) as a country that upholds the rule of law, the Government must not rely on conventions, no matter how longstanding, that are contrary to established principles in law.

(2) That the Senate does not accept the public interest immunity claim made by the then Minister representing the Minister for the Environment and Energy (Senator Birmingham) in relation to the due diligence report prepared by the Australian Government Solicitor, and requires the Minister representing the Minister for the Environment to table the due diligence report, in accordance with the order for the production of documents agreed to by the Senate on 21 August 2018, with any appropriate redactions where there is some particular harm to be apprehended, accompanied by a properly made out claim for public interest immunity identifying the harm.

Yes Yes Passed by a small majority

11th Sep 2018, 3:52 PM – Senate Documents - National Radioactive Waste Management Facility Site Selection Process - Order for the Production of Documents

Show detail

The majority voted against a motion to present certain documents in the Senate, which means it failed. The motion was introduced by Greens Senator Sarah Hanson-Young.

Motion text

That there be laid on the table by the Minister for Resources and Northern Australia, by no later than 5 pm on 14 September 2018:

(a) all documents relating to the financial and logistical support to facilitate the vote held by the Viliwarinah Yura Aboriginal Corporation on 18 August and 19 August 2018 produced since the commencement of the National Radioactive Waste Management Facility site selection process; and

(b) all documents relating to setting up the administrative arrangements between the Australian Electoral Commission, the Flinders Ranges Council and the Department of Industry, Innovation and Science, including the document entitled, 29 May 18 – AEC Contact May 2018, referred to on page 39 of the Flinders Ranges Council Agenda 12 June 2018 – Agenda Reports & Attachments.

No Yes (strong) Not passed by a modest majority

21st Aug 2018, 3:46 PM – Senate Documents - Department of Human Services - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by SA Senator Rex Patrick (Centre Alliance), which means it was successful.

Motion text

That:

(a) the Senate notes that:

(i) since 2013, the Department of Human Services (the Department) has had a program underway to upgrade its child support system ('Cuba')—the approved budget was $102 million,

(ii) during the 2015-16 financial year, the total budget was exhausted without the project being completed,

(iii) since the 2015-16 financial year, funding to complete the system has come from the Department's internal investment fund and ICT BAU budget,

(iv) in response to questions taken on notice during the inquiry of the Finance and Public Administration References Committee into digital delivery of government services, the Department advised that it was unable to determine how much had been spent on the project,

(v) in response to questions asked at Budget estimates, the Department could provide no indication of the total spend on the project or provide a target completion date, and

(vi) in response to a freedom of information request—Department Reference LEX 37339—the Department indicated there are 49 documents in existence that fit within the description of 'final versions of all formal executive briefings submitted to the Secretary, Department of Human Services between 1 July 2017 and 30 June 2018, where the topic of one or all of the executive briefings cover the cost, resource allocation and/or progress of the Child Support System redesign Programme'; and

(b) there be laid on the table by the Minister representing the Minister for Human Services, by no later than 10 am on 10 September 2018, the 49 documents identified by the Department in FOI Department Reference LEX 37339.

Yes Yes Passed by a small majority

15th Aug 2018, 4:24 PM – Senate Documents - Murray-Darling Basin Plan - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by SA Senator Rex Patrick (Centre Alliance), which means it was successful.

Motion text

That the Senate:

(a) notes that transparency, in relation to the Murray-Darling Basin Plan and its implementation, is critical to public confidence; and

(b) orders there be laid on the table, by the Minister representing the Minister for Agriculture and Water Resources, by 23 August 2018:

(i) advices requested in a letter from the Murray-Darling Basin Royal Commission to the Department of Agriculture and Water Resources of 3 May 2018, namely, all prior advice provided to the Department of Agriculture and Water Resources of 3 May 2018, concerning:

(A) the construction and proper interpretation of the Water Act 2007 and the Basin Plan,

(B) the lawfulness of the proposed amendment to the Basin Plan disallowed by the Senate on 6 February 2018,

(C) the lawfulness of the proposed amendment to the Basin Plan disallowed by the Senate on 14 February 2018,

(D) the lawfulness of the adjustment made to the Basin Plan, the subject of a disallowance motion defeated in the Senate on 8 May 2018, and

(E) the constitutional validity of the Water Act 2007 and the Basin Plan,

(ii) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, evidencing the reasoning behind the change of reductions in diversions required to achieve environmental watering requirements of 3 856 GL (high uncertainty) and 6 983 GL (low uncertainty), down to a reduction in diversions to 2 750 GL in the report, The proposed 'environmentally sustainable level of take' for surface water of the Murray-Darling Basin: Methods and outcomes, dated November 2011, and the Basin Plan, as enacted on 23 November 2012,

(iii) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, relating to the incorporation of social and economic outcomes into the determination of the long-term average sustainable diversion limit reflecting an environmentally sustainable level of take between 8 October 2010 and 23 November 2012,

(iv) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, evidencing the further analysis conducted by the Murray-Darling Basin Authority to investigate the ability of alternative SDL options and water recovery strategies to achieve environmental objectives which lead to the adjustment of the recovery target from 2 800 GL to 2 750 GL,

(v) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, referring to the analysis of the equivalent environmental outcomes as required by section 7.15(1) (c) of the Basin Plan of each of the 36 supply measures,

(vi) record of any agreement to use another method within the meaning of section 7 of the Basin Plan for any of the 36 supply measures, and

(vii) the peer review of the report, Guide to the proposed Basin Plan, dated October 2010.

Yes Yes (strong) Passed by a small majority

19th Jun 2018, 4:21 PM – Senate Documents - Department of Health - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by WA Senator Jordan Steele-John (Greens), which means it succeeded.

Motion text

That the Senate—

(a) notes that:

(i) in May 2016, Maddocks Lawyers completed a report for the then Minister for Health, Ms Ley, and the Department of Health in relation to the Australian survivors of thalidomide, focusing on the relationship and responsibility of the Australian Government towards these survivors,

(ii) in October 2016, Thalidomide Group Australia submitted an application to the Department of Health seeking access to this report under the Freedom of Information Act 1982, and

(iii) in November 2016, the Department of Health refused access to this document to Thalidomide Group Australia, citing that the document is subject to legal professional privilege; and

(b) orders that there be laid on the table by the Minister representing the Minister for Health, by no later than 3 pm on 20 June 2018, a copy of the report prepared by Maddocks Lawyers for former Minister Ley and the Department of Health in May 2016.

Yes Yes Passed by a small majority

27th Mar 2018, 4:38 PM – Senate Documents - Future Submarine Project - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by SA Senator Rex Patrick (Centre Alliance), which means it succeeded.

Motion text

That—

(1) The Senate notes that:

(a) on 12 February 2018, the Senate agreed to an order for the production of documents directed at the Minister representing the Minister for Defence Industry, for the Australian Industry Capability Plan submitted by DCNS (now Naval Group) to the Department of Defence in its response to the Future Submarine Competitive Evaluation Process (CEP);

(b) the order followed a lack of clarity as to the minimum level of Australian industry involvement expectations of Government for the Future Submarine Project;

(c) on 15 February 2018, the duty minister tabled a letter in response to both orders for production claiming public interest immunity and stated that release of the document would:

(i) affect the commercial interests of Naval Group, and

(ii) adversely affect Australia's international relations, and advised the Senate that the Government was awaiting the outcome of an Information Commissioner Review into freedom of information (FOI) exemptions claimed over the same document;

(d) it was conceded by government in 1992, that the fact that a freedom of information request for information has been or could be refused under the FOI Act is not a legitimate basis for a claim of public interest immunity in a parliamentary forum;

(e) on 25 June 2014, the Senate passed a resolution declaring that declining to provide documents or answer questions on the basis that an FOI request has been made for the same information is an unacceptable response, is not supported by the FOI Act and shows a profound lack of respect for the Senate and its committees;

(f) a Senate claim of commercial confidentiality must be carefully advanced and claimed narrowly so as to recognise the public interest that lies in openness and transparency on this very important project;

(g) the claim that the release of the documents will affect international relations is not properly made out and is flawed (and has not even been advanced by the Department of Defence as a concern in the Information Commissioner Review) because the document which is the subject of the order is a document of a French-law Public Limited Company, not a document of the French State; and

(h) orders for the production of documents are a key Senate tool used to ensure effective oversight of Government, and must be responded to by Ministers with utmost consideration, care and accuracy.

(2) The Minister for Defence be required to attend the Senate at the conclusion of question time on 10 May 2018 to make a statement, of not more than 20 minutes, addressing why the Minister:

(a) has advanced a claim showing a profound lack of respect for the Senate;

(b) offered a broad confidentiality claim that does not correctly balance the public interest in knowing what DCNS promised, in respect of Australian industry involvement in our largest ever Defence project; and

(c) has advanced a claim that releasing the document to the Senate would affect Australia's international relations knowing that this claim is inconsistent with the position of her own Department.

(3) Any senator may move a motion to take note of the Minister's statement, and any such motion may be debated for no longer than 1 hour, and have precedence over all other government business until determined.

Yes Yes Passed by a small majority

20th Mar 2018, 3:50 PM – Senate Documents - Federal Circuit Court and Family Court of Australia - Order for the Production of Documents

Show detail

The majority voted in favour of a motion introduced by SA Senator Stirling Griff (Nick Xenophon Team), which means it succeeded.

Motion text

That the Senate—

(a) notes:

(i) the failure of the Government to adequately fund the Federal Circuit Court of Australia and the Family Court of Australia,

(ii) that the Government's neglect of the Family Court of Australia and the Federal Circuit Court of Australia means that families facing the most serious family law issues can wait up to three years before a final trial,

(iii) that the continued failure by the Government to adequately resource the family law system has served to create a snowballing effect, the social and economic cost of which will continue to be felt by the community for years to come,

(iv) that the Government has failed to consult with the courts and the legal profession to formulate a clear plan for the future,

(v) that, in March 2014, a report by KPMG, commissioned by the Attorney-General's Department, into the funding of federal courts was presented to the Government but has still not been released,

(vi) that the KPMG report, obtained by The Australian in 2014, warned of significant cuts to service and staffing levels potentially leading to increased delays in litigation, the closure of smaller registries and cutbacks to services in regional Australia,

(vii) that the warnings in the KPMG report appear to have gone unheeded by the Government,

(viii) that, in 2014-15, as part of the response to the KPMG report, the Attorney-General's Department undertook additional work with Ernst & Young to develop costings scenarios involving federal courts, and

(ix) that KPMG's comprehensive report confirming the financial crisis facing federal courts and proposing a range of possible solutions, along with the Ernst & Young costings in response to the KPMG report, should be released prior to the Senate voting on the Family Law Amendment (Parenting Management Hearings) Bill 2017; and

(b) orders that there be laid on the table, by the Minister representing the Attorney­-General, by 9am on 22 March 2018:

(i) the KPMG report into the funding of federal courts, and

(ii) the Ernst & Young costings in response to the KPMG report.

Notice of motion altered on 19 March 2018 pursuant to standing order 77.

Yes Yes Passed by a small majority

How "voted moderately for" is worked out

The MP's votes count towards a weighted average where the most important votes get 50 points, less important votes get 10 points, and less important votes for which the MP was absent get 2 points. In important votes the MP gets awarded the full 50 points for voting the same as the policy, 0 points for voting against the policy, and 25 points for not voting. In less important votes, the MP gets 10 points for voting with the policy, 0 points for voting against, and 1 (out of 2) if absent.

Then, the number gets converted to a simple english language phrase based on the range of values it's within.

No of votes Points Out of
Most important votes (50 points)      
MP voted with policy 7 350 350
MP voted against policy 1 0 50
MP absent 2 50 100
Less important votes (10 points)      
MP voted with policy 14 140 140
MP voted against policy 3 0 30
Less important absentees (2 points)      
MP absent* 28 28 56
Total: 568 726

*Pressure of other work means MPs or Senators are not always available to vote – it does not always indicate they have abstained. Therefore, being absent on a less important vote makes a disproportionatly small difference.

Agreement score = MP's points / total points = 568 / 726 = 78%.

And then