What to look out for this Parliamentary sitting week
Parliament returned yesterday with the both Chambers sitting. The theme for the week will include ample conversation around family related bills and Gladys Liu.
House of Representatives
Monday started with the introduction of the Australian Bill of Rights Bill 2019 by independent Wilkie. The bill seeks to enshrine a Bill of Rights in Australian law. It is intended to give effect to certain provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.
Green's MP Bandt introduced the Fair Work Amendment (Stop Work to Stop Warming) Bill 2019, which puts beyond doubt that employees covered by the Fair Work Act 2009 have a right to take industrial action for the purpose of demanding that action be taken to address climate change.
Rebekha Sharkie of Centre Alliance introduced National Consumer Credit Protection Amendment (Small Amount Credit Contract and Consumer Lease Reforms) Bill 2019 [No. 2] and the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Bill 2019. The former amends the regulatory framework for Small Amount Credit Contracts (‘SACC’) (commonly known as payday loans) and consumer leases (known as rent-to-buy schemes), and the later amends the Commonwealth Electoral Act 1918 to provide a more transparent political donation disclosure regime.
The Tertiary Education Quality and Standards Agency Amendment Bill 2019 was received from Senate to be debate today.
The Treasury Laws Amendment (Putting Members’ Interests First) resumed debate in the morning followed by the Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Bill 2019 amending the Military Rehabilitation and Compensation Act 2004 (MRCA) to simplify treatment pathways for medical treatment. The purpose of the amendments is to streamline access to medical treatment for veterans without the need for claim forms, upfront costs or being out of pocket while awaiting reimbursement.
Closing out Monday was the debate of the Australian Broadcasting Corporation Amendment (Rural and Regional Measures) Bill 2019 amending the ABC’s Charter to ensure that the ABC’s broadcasting programs contribute to a sense of regional as well as national identity and reflects the geographic as well as cultural diversity of the Australian community.
Tuesday will begin with the Emergency Response Fund (Consequential Amendments) Bill 2019 which makes a number of amendments to other pieces of legislation to enable the operation of the Emergency Response Fund. This Bill extends the Future Fund Board’s duties to manage the Emergency Response Fund and allows for amounts to be transferred between the Emergency Response Fund and the Future Fund. The Bill closes the EIF by repealing the NBF Act.
National Housing Finance and Investment Corporation Amendment Bill 2019 is next to be debated. The Bill amends the NHFIC Act to establish the framework for the First Home Loan Deposit Scheme, announced by the Government on 12 May 2019 during the 2019 Federal Election, to assist eligible first home buyers to access the housing market sooner. Effective from the day after Royal Assent to allow for the issuing of guarantees from 1 January 2020. The purpose of the research function is to allow the NHFIC to undertake research into housing affordability in Australia, including housing supply and demand. The NHFIC will provide a guarantee on eligible loans equal to the difference between the deposit (of at least 5 per cent) and 20 per cent of the property purchase price, with coverage broadly consistent with a parental guarantee.
Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 is also up for debate today, Schedule 1 to the Bill introduces new phoenixing offences to prohibit creditor-defeating dispositions of company property, penalise those who engage in or facilitate such dispositions, and allow liquidators and ASIC to recover such property. Schedule 2 to the Bill ensures directors are held accountable for misconduct by preventing directors from leaving the company with no directors. Schedule 3 to the Bill allows the Commissioner to collect estimates of anticipated GST liabilities and make company directors personally liable for their company’s GST liabilities in certain circumstances. Schedule 4 to the Bill authorises the Commissioner to retain tax refunds where a taxpayer has failed to lodge a return or provide other information to the Commissioner that may affect the amount the Commissioner refunds.
Closing out today will the Aged Care Quality and Safety Commission Amendment (Worker Screening Database) Bill 2019 amending the Aged Care Quality and Safety Commission Act 2018 (Act) to establish a database for nationally consistent worker screening, for the purpose of minimising the risk of harm to older Australians from those who work closely with them. The Bill will require all workers and volunteers in the aged care sector to undergo a screening process with their details then registered on a national database operated by the Aged Care Quality and Safety Commission.
Wednesday will start with the National Rental Affordability Scheme Amendment Bill 2019. This amendment seeks to correct the instances where approved participants have failed to pass on incentives to investors.
Australian Passports Amendment (Identity-matching Services) Bill 2019 will also be up for debate tomorrow, amending the Australian Passports Act 2005 to provide a legal basis to make Australian travel document data available for all the purposes of, and by the automated means intrinsic to, the identity-matching services. The services will enable identity matching based on personal information held in government systems nationally. Beyond the Face Verification Service and the Face Identification Service, an Identity Data Sharing Service will allow for the secure sharing of biometric identity information in other circumstances.
Wednesday will close out debate with the Social Services Legislation Amendment (Better Targeting Student Payments) Bill 2019.
Schedule 1 implements the 2017-18 Budget measure Better Targeting of the Relocation Scholarship. Students whose parental family home or usual place of residence is located outside Australia will no longer be able to qualify for the relocation scholarship. Schedule 2 implements part of the 2017-18 Budget measure Aligning the Pensioner Education Supplement and Education Entry Payment to better align education entry payment rates with the study loads undertaken by eligible students and four payment tiers for the payment will be introduced. Schedule 3 implements part of the 2017-18 Budget measure Aligning the Pensioner Education Supplement and Education Entry Payment to better align pensioner education supplement fortnightly rates with a person’s study load. The Schedule will also ensure that payments of pensioner education supplement will cease during semester breaks and holiday periods. The Government will achieve savings of $3.5 million in Schedule 1 and savings of $80.3 million in Schedule 2 and 3.
Thursday will begin with the Social Security (Administration) Amendment (Cashless Welfare) Bill 2019 which will allow the Secretary of the Department of Social Services (DSS) to be the decision maker for all Cashless Debit Card (CDC) exit applications.
Social Services Legislation Amendment (Payment Integrity) Bill 2019 is also on the agenda for Thursday. Schedule 1 will mean enhanced residency requirements for pensioners enhances the residency requirements for the Age Pension and the Disability Support Pension (DSP) by changing certain time frames which need to be met before claims will be deemed payable to eligible recipients. The Bill strengthens the residence connection required for eligibility. Schedule 2 will stop the payment of pension supplement after six weeks overseas and Schedule 3 will extend the maximum liquid assets test waiting period from 13 weeks to 26 weeks.
If time permits the Identity-matching Services Bill 2019 and the Australian Veterans’ Recognition (Putting Veterans and Their Families First) Bill 2019 will close out debate on Thursday. The former Bill will facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services.
A full list of legislation scheduled for debate in the House is available here.
Senate
Monday morning in the Senate began with Senator Hanson resuming debate of the Family Law (Self-Assessment) Bill 2019 to solve innate delays at a low cost by requiring separating couples to self-assess and narrow their disputes promptly. This Bill will require locking in a division of 35% of the net value of the family home , self-assessing their remaining relationship wealth on an internet portal, protecting the financially disadvantaged individual not less than half the value of their relationship property within 60 days; paying up by selling the family home at auction or to one of them, while not affecting citizens’ rights to litigate after the event.
After question time the Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Bill 2019 Treasury Laws Amendment (Putting Members' Interests First) Bill 2019 were introduced. The Criminal Code Amendment (Agricultural Protection) Bill 2019 was returned from the House of Representatives and the Royal Commissions Amendment (Private Sessions) Bill 2019 Treasury Laws Amendment (Making Sure Multinationals Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2019 Road Vehicle Standards Legislation Amendment Bill 2019 were given assent. The Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Bill 2019 closed out yesterday’s debate.
Today the Senate will continue with the Family Law (Self-Assessment) Bill 2019 and will follow with the Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Bill 2019, Combatting Child Sexual Exploitation Legislation Amendment, the Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill and closing with the Aged Care Amendment (Movement of Provisionally Allocated Places), making for a family originated Tuesday.
Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019 is scheduled to start again on Wednesday morning followed by the Treasury Laws Amendment (2018 Measures No. 2) Bill 2019. As announced in the 2017-18 Budget and the 2016-17 Budget, Schedule 1 - FinTech Sandbox Regulatory Licensing Exceptions and Schedule 2 - Innovation measures are enacted in this Bill. It amends the Corporations Act 2001 and National Consumer Credit Protection Act 2009 to expand the regulation-making powers to allow the regulations to provide for exemptions from the Australian Financial Services Licence and Australian Credit Licence requirements for the purposes of testing financial and credit products and services under certain conditions to take effect the day after Royal Assent. Schedule 2 amends the ITAA 1997 venture capital and early stage investor tax concession provisions to make minor changes to ensure that the provisions operate as intended, to generally apply from 1 July 2018. The amendments relating to investments by MITs in both ESVCLPs and VCLPs apply from 1 July 2016.
Subject to introduction, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 and the Migration Amendment (Strengthening the Character Test) Bill 2019 will close out debate on Wednesday.
Thursday will open with the continued debate of the Treasury Laws Amendment (Putting Members’ Interests First) and the Military Rehabilitation and Compensation Amendment (Single Treatment Pathway).
Higher Education Support (Charges) & Higher Education Support Amendment (Cost Recovery) Bills and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment & Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Bills are scheduled to close out debate for the week.
Non-controversial legislation expected to pass the senate this week includes:
Treasury Laws Amendment (2018 Superannuation Measures No. 1)
Schedule 1 to the Bill amends the SGAA 1992 to allow individuals to avoid unintentionally breaching their concessional contributions cap when they receive superannuation contributions from multiple employers. Instead of receiving contributions into superannuation, an employee may apply to the Commissioner to opt out of the superannuation guarantee regime in respect of an employer and negotiate with the employer to receive additional cash or non-cash remuneration.
The amendments achieve this outcome by allowing certain employees with multiple employers to apply to the Commissioner for an ‘employer shortfall exemption certificate’, which prevents their employer from having a superannuation guarantee shortfall if they do not make superannuation contributions for a period.
Schedule 2 to the Bill ensures that the non-arm’s length income rules for superannuation entities apply in situations where a superannuation entity incurs non arm’s length expenses in gaining or producing the income.
Water Amendment (Indigenous Authority Member)
The Water Amendment (Indigenous Authority Member) Bill 2019 (the Bill) will amend the Water Act 2007 to provide for a standing Indigenous member position on the Murray-Darling Basin Authority (the Authority).
National Health Amendment (Pharmaceutical Benefits)
The National Health Amendment (Pharmaceutical Benefits) Bill 2019 (the Bill) amends the National Health Act 1953 (Act) to implement measures relating to the Pharmaceutical Benefits Scheme (PBS), including one budget-related measure which will recover costs associated with the processing of applications for pharmacy approvals.
The 2018-19 Budget measure in the Bill provides for full cost recovery of services required to decide applications by pharmacists for approval to supply PBS medicines at particular pharmacy premises. The amendments to the Act will provide for application fees to be payable for such applications and provide for the Minister to make a legislative instrument to determine those fees.
The Bill will also amend the Act to enable the Secretary to grant permission to a trustee in bankruptcy to manage the supply of pharmaceutical benefits at PBS-approved pharmacy premises following bankruptcy of the approved pharmacist or where there is an external administrator in relation to the pharmacy.
A full list of legislation scheduled for debate is available here.