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28 <strong>SENATE</strong> Thursday, 13 October 2016 APPENDIX 11 Proposal to refer a bill to a committee: Name of bill: VET Student Loans Bill 2016 VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016 VET Student Loans (Charges) Bill 2016 Reasons for referral/principal issues for consideration: Involved serious and wide-spread changes, industry and stake-holder concerns, Bills require consideration and examination. Possible submissions or evidence from: Education providers, unions Committee to which bill is to be referred: Education and Employment Possible hearing date(s): Week of 14th November Possible reporting date: Monday 28 November 2016 (signed) Senator Rachel Siewert APPENDIX 12 Proposal to refer a bill to a committee: Name of bill: VET Student Loans Bill 2016 VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016 VET Student Loans (Charges) Bill 2016 Reasons for referral/principal issues for consideration: Scrutiny of major changes to VET student loans – opportunity for stakeholder scrutiny Possible submissions or evidence from: Australian Council of Private Education and Training TAFE Directors Association Consumer Action Law Centre Australian Education Union Department of Education and Training Committee to which bill is to be referred: Senate Employment and Education Legislation Committee Possible hearing date(s): To be agreed Possible reporting date: 7 November 2016 (as agreed with Senator Birmingham) (signed) Senator Anne Urquhart Senator BUSHBY: I move: That the report be adopted. Senator GALLAGHER (Australian Capital Territory—Manager of Opposition Business in the Senate) (12:08): I move: At the end of the motion, add, "and, (1) in respect of the provisions of the Criminal Code Amendment (Firearms Trafficking) Bill 2016, the Legal and Constitutional Affairs Legislation Committee report by 7 November 2016." Senator SIEWERT (Western Australia—Australian Greens Whip) (12:08): I indicate that the Greens will support that amendment, though I also give notice that I will be moving an amendment, which has already been CHAMBER
Thursday, 13 October 2016 <strong>SENATE</strong> 29 circulated in my name, to the motion that the report be adopted. The amendment provides that the Criminal Code Amendment (War Crimes) Bill 2016 be referred to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by the first sitting day of 2011. We attempted last night to refer this bill to the Foreign Affairs, Defence and Trade Legislation Committee. The reasons for referral are grave. We are astonished that the committee did not support it, because we think this bill has changes that deserve public scrutiny. We are unaware of any consideration of this bill in public and we understand that the last time the war crimes offences incorporated in domestic criminal law were amended was in 2002. The changes proposed in this bill seriously alter the governance of ADF personnel in combat and change the definition of a war crime. This is an issue that has just recently broken as a story on radio, with the internal Defence inquiry into potential war crimes on foot at present. This is a highly charged, complex topic and there is a need to hear from the ADF about why such changes are needed and what actions they are trying to take that are being prevented by existing war crimes legislation. Parliament should have a greater role in debating the use of military force and the implications of those deployments. These are some of the most important decisions a nation can make, and that is what parliament should be for. Australian forces operate under much more stringent rules of engagement than many of our allies, including the US. Anything that creates a risk of changing that needs to be carefully scrutinised. The announcement is also of concern since the Criminal Code was developed to reflect international law, and the extent to which Australia is following a dangerous precedent, set by the US, to expand international law's permissiveness around targeted killing must be explored. We also feel it is necessary to determine exactly what constraints the Australian Defence Force believes exists and who is in the list of persons not involved in hostilities, including civilians, medical personnel or religious personnel who not taking an active part in hostilities. Recent counterterrorism and national security views do not consider war crimes offences. It is also of grave concern that proposed amendments did not arise from the recommendations of various recent reviews of national security and counterterrorism legislation and in fact appear to be materially different to the recommendations made by both the former INSLM and the COAG review of counterterrorism laws in 2013. We are aware of grave concerns about this bill from experts on the ground in actual war zones and protracted conflicts around the world in which we are implicated. This involves the International Committee of the Red Cross and Medecins San Frontieres. For these reasons we strongly implore the government and the opposition to allow a full, thorough, public review of this legislation, and we believe the most appropriate committee therefore is the Foreign Affairs, Defence and Trade Legislation Committee. The PRESIDENT: Thank you, Senator Siewert. Just to clarify: you did say 'the first sitting day of 2011'. I presume you meant 2017? Senator SIEWERT: Yes, 2017; I beg your pardon. The PRESIDENT: Thank you. The question before the chair now is that the amendment moved by Senator Gallagher be agreed to. Question agreed to. Senator SIEWERT: I move: At the end of the motion, add, "and, (1) in respect of the Criminal Code Amendment (War Crimes) Bill 2016 the provisions of the bill be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by first sitting day of 2017." Question negatived. The PRESIDENT: The question now is that the motion moved by Senator Bushby be agreed to. Question agreed to. BUSINESS Rearrangement Senator FIFIELD (Victoria—Manager of Government Business in the Senate, Minister for Communications and Minister for the Arts) (12:13): I move: That: (a) government business orders of the day as shown on today's order of business be considered from 12.45 pm today; and (b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today. CHAMBER
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