The ACTING DEPUTY PRESIDENT ( Senator Bernardi ) (18:03): I present documents listed on today's Order of Business at item 15 presented since the Senate last met. In accordance with the usual practice and with the concurrence of the Senate, government responses will be incorporated in Hansard. The list read as follows— Documents presented out of sitting COMMITTEE REPORTS (pursuant to Senate standing order 38 (7)). Joint Standing Committee on the National Disability Insurance Scheme—Progress report—Implementation and administration of the National Disability Insurance Scheme. [Received 29 July 2014] Rural and Regional Affairs and Transport References Committee—Report—Implications of the restriction on the use of fenthion on Australia’s horticultural industry, including Hansard record of proceedings, documents presented to the committee, additional information and submissions. [Received 31 July 2014] Community Affairs References Committee—Interim report—Out-of-pocket costs in Australian healthcare. [Received 8 August 2014] Legal and Constitutional Affairs Legislation Committee—Report—Migration Legislation Amendment Bill (No. 1) 2014 [Provisions]. [Received 21 August 2014] Community Affairs References Committee—Report—Out-of-pocket costs in Australian healthcare. [Received 22 August 2014] Rural and Regional Affairs and Transport References Committee—Report—Review of the citrus industry in Australia, dated December 2013. [Received 4 August 2014] Foreign Affairs, Defence and Trade References Committee—Report—Australia's overseas aid and development assistance program, dated March 2014. [Received 12 August 2014] National Broadband Network—Select Committee—Interim report, dated March 2014. [Received 13 August 2014] Legal and Constitutional Affairs References Committee—Report—Framework and operation of subclass 457 visas, Enterprise Migration Agreements and Regional Migration Agreements, dated June 2013. [Received 20 August 2014] GOVERNMENT RESPONSES TO PARLIAMENTARY COMMITTEE REPORTS (pursuant to Senate standing order 166) Australian Government response to the Senate Rural and Regional Affairs and Transport References Committee report: Review of the Citrus Industry in Australia August 2014 Review of the citrus industry in Australia Report of the Senate Rural and Regional Affairs and Transport References Committee Government Response The Australian Government welcomes the Committee's report on the Review of the citrus industry in Australia and would like to thank the Committee for the time and effort it has put into the inquiry. Response to recommendations Recommendation 1 2.88 The committee recommends that the industry review its structure and introduce changes that provide all growers and other stakeholders with a more democratic and regionally representative peak industry body, finding an equitable balance between the need for industry 'presence' in terms of production volumes, and allowing small participants a meaningful say in the direction of their industry, and to provide for consistency on the selection of regional advisory bodies. The Government notes the recommendation The government recognises the importance of having representative peak industry bodies that provide effective industry leadership. The structure of peak industry bodies and their regional representation is a matter for industry. Recommendation 2 2.89 The committee recommends that the industry work with DAFF and the LRS towards a compulsory registration system for growers and develop a central database of growers—with data including their locations, contact details, area under citrus cultivation, and varieties and volumes of citrus grown—to facilitate: industry planning industry policy development communication of research outcomes funded by levy payers; and communication with growers in biosecurity emergencies and that this database be in the custody of a body independent from the current representative bodies (such as DAFF) until such a time as issues of equitable national and regional representation are resolved. The Government does not agree to the recommendation The Committee has suggested a compulsory registration scheme and central database of citrus growers would serve a number of purposes. The government considers it would be appropriate for these to be addressed through other means. Industry planning and policy development are industry responsibilities, therefore, industry representative bodies (IRBs) should be responsible for facilitating communication with citrus growers. It is appropriate that engagement in planning and policy development is voluntary. It is likely that IRBs already hold certain information about growers who are members of the bodies. IRBs undertaking planning and policy development activities can utilise other means, such as industry events or media, to encourage citrus growers to engage in these activities if they choose to do so. Levy funded research services are provided to the industry by Horticulture Australia Limited (HAL). HAL is able to use research levy funds to facilitate the dissemination, adoption and commercialisation of research outcomes to levy payers. HAL prepares an annual report on its activities for the citrus industry and interested growers can also obtain reports about the outcomes from individual projects. Communication in biosecurity emergencies can be achieved through existing means such as grower organisations or the media. The existing citrus levy legislative framework cannot be used to collect or distribute the suggested data. In most instances, levy and other relevant information are collected from an intermediary, such as a market agent or exporter, and there is no direct contact with growers. Levy related information collected by the Department of Agriculture (formerly DAFF) does not include information relating to individual growers. The establishment and maintenance of a compulsory grower database would require new legislation and new funding from appropriate sources. The custody of such a database and its maintenance should be the responsibility of industry. Compulsory registration would increase the regulatory burden on the citrus industry. Recommendation 3 2.90 The committee recommends that the industry works with HAL to address apparent conflicts of interest by having directors and/or employees of CAL on the Citrus IAC and IAC Technical Reference Committee. The Government notes this recommendation The government notes the progress that Citrus Australia Limited (CAL) and Horticulture Australia Limited (HAL) have made on this issue including a revised IAC membership structure of nine members, six of whom are not PIB directors, executive officers or employees of CAL, and the appointment of an independent governance officer to the citrus IAC. The Deed of Agreement 2010–2014 (the Deed) between HAL and the Commonwealth requires an independent review of the performance of HAL. The Deed contains the standard terms of reference for the performance review and provides for additional matters to be included as required. Additional matters that were considered as part of the HAL performance review, which reported on 9 May 2014, include the HAL model of industry service delivery, and the constitution that underpins the model, against the benchmark of good governance under the Deed. The response to Recommendation 4 (see below) details the standard terms of reference and the additional matters that were addressed by the review. Recommendation 4 2.91 The committee recommends that, as part of its review, HAL considers a membership structure which removes potential conflicts of interest in the allocation of funds to research projects. The Government agrees to the recommendation The independent performance review of HAL considered the structure of the horticulture levy system and the HAL model of industry service delivery. This included HAL's membership structure. The performance review report was released on 9 May 2014. The report contains nine recommendations, including that HAL transition from its current membership structure, in which horticulture peak industry bodies are the company's members, to a new membership structure, in which farmer levy payers are the company's members. The government has received the report the report and acknowledged that it meets the review's terms of reference. The government is considering the review findings and recommendations. The terms of reference for the performance review were: Standard review The Performance Review shall cover: 1. The performance of HAL in meeting its obligations under the Deed as the Industry Services Body for the provision of marketing and research and development services to the industry 2. HAL's implementation of strategic, annual operational, risk management, fraud control and intellectual property plans and its effectiveness in meeting the priorities, targets and budgets set out in those plans 3. The efficiency with which HAL carried out those plans 4. The delivery of the benefits to the industry and the community in general as foreshadowed by those plans Additional matters In addition, the Performance Review shall cover: 5. The HAL model of industry service delivery and its underpinning in the Constitution against the benchmark of good governance practice under cl 4.1 of the Deed, including but not limited to: (a) HAL's membership whereby PIBs, rather than individual levy payers, are the members as is the case with other industry-owned RDCs. (b) The regulation of PIBs and other industry representative bodies under the HAL model; the nature and transparency of their direct and indirect funding arrangements with HAL; and their accountability to their own members and levy payers for their performance in consulting with levy payers and in spending industry and government funds, including the delivery of planned outcomes. (c) The operation of the IACs, including independence from the PIB/IRB and the extent and effectiveness of control by the HAL Board. (d) The influence of PIBs/IRBs on decision-making by HAL's Board, management and the IACs. (e) The capacity of the HAL model to deliver services in an efficient, effective and transparent manner to provide value for money to levy payers and corporate members. (f) Identifying alternative models to increase the effectiveness and efficiency of HAL's service delivery, transparency and accountability in HAL's funding arrangements. 6. The efficiency of the levy structure for the horticulture sector (in which many individual commodities maintain separate independent levy rates and collection mechanisms) and the process by which levies are conceived, implemented, collected and expensed. Recommendation 5 3.120 The committee believes that DAFF needs to be more responsive to the needs, and more understanding of the capabilities, of the industry. Therefore, the committee recommends that, in its negotiations for market access on behalf of the Australian citrus industry, DAFF consult more closely with industry across the supply chain regarding protocols and work to better align protocols in new or emerging markets with existing/established markets. The Government agrees to the recommendation The Department of Agriculture (formerly DAFF) has been actively pursuing improvements to the consultation arrangements with Australian horticultural industries, particularly in terms of the processes to identify priority projects for market access negotiation. There have been considerable achievements to date with the movement to more informed (evidence-based) analysis of market access applications and the strengthening of the engagement of industry in the strategies underpinning Australia's approaches, and the subsequent negotiations, to gain, improve or maintain access. The primary forum for advice to the department regarding the horticultural sector's priorities for market access is the Office of Horticultural Market Access, which is an industry project, funded by Horticulture Australia Limited from industry levies and matching Australian Government payments. In addition, with the formulation of the Horticulture Export Industry Consultative Committee (HEICC), the citrus industry has the opportunity to assist with the establishment of process reforms and standards to further promote efficiencies in the export pathways. Under HEICC the department has established a program to assist industry evaluate its ambitions for the markets, including those technical and policy hurdles which it faces in both Australia and in their targeted markets. The department encourages the citrus industry through CAL to be an active participant in these processes with its peers. The previous recommendations that relate to the capacity of CAL to consolidate the views of the sector are also highly relevant to this recommendation. The citrus sector is extremely diverse with differing fruits, production systems, scale, pest health status, market sectors, etc. A well-structured representative system to bring together the competing interests of the sector would allow the industry to more effectively participate in the existing consultation processes on market access. Recommendation 6 3.121 The committee recommends that the Australian Government put more resources into finalising trade agreements with export destinations for Australian citrus, particularly those with considerable potential such as China. The Government agrees in principle to the recommendation The government is committed to securing high-quality, comprehensive trade agreements that produce tangible benefits for agricultural producers and exporters, including the citrus industry. The government committed at the 2013 federal election to increase resources from within the Department of Foreign Affairs and Trade to fast-track the conclusion of free trade agreements. Senior Australian government ministers and officials intensified discussions with their Chinese, Korean, Japanese and Trans-Pacific Partnership counterparts and achieved significant progress, including the conclusion of bilateral trade agreements with Korea and Japan. The Korea-Australia free trade agreement, once it comes into force, will deliver many benefits to Australian industries and exporters, including the citrus industry. It is a strong and liberalising agreement for agriculture that protects and promotes our competitive position in the Korean market. It will secure improved market access through elimination of very high tariffs on a wide range of exports, including oranges, lemons, limes, grapefruit and fruit juices. The agreement includes strong outcomes on citrus which will support Australia's competitive position in the Korean market, including for oranges, Australia's largest citrus export. Details of the agreement are available at http://www.dfat.gov.au/fta/kafta/. The Japan-Australia Economic Partnership Agreement will provide a liberalising outcome for fruits and juices, including citrus, resulting in tariff elimination on the vast majority of Australian horticulture exports to Japan. The agreement is currently undergoing legal verification and will become public once this process has been completed. Recommendation 7 3.122 The committee recommends that the Australian Government encourage small and emerging citrus exporters by addressing the costs of compliance and establishment registration charges. The Government notes the recommendation The Government will provide $15.0 million over four years to support small exporters in sectors where there are specific export certification registration charges. Funding will be provided in 2014‑15 to provide eligible small exporters with a rebate of 50 per cent of their export certification registration costs, up to a maximum of $5,000. From 2015‑16, funding will be provided for projects that directly benefit small exporters, particularly projects to improve market access. The Government will consult the small exporter sectors on the projects to be considered. This measure delivers on the Government's election commitment. In accordance with the Government's cost recovery policy, the Department of Agriculture is obliged to recover the costs of providing export certification and inspection services. The horticulture export program within the department provided services that support the A$197.2 million value of exports from the citrus sector in 2013. The charges currently paid by registered export establishment enables the department to undertake a number of vital services for citrus exporters including: management of export conditions, publishing and maintenance of export cases on the Manual of Importing Country Requirements (MICoR), development of operational workplans that outline the requirements to meet importing country protocols; export accreditation and audit of the export pathway from growers and packhouses through to treatment facilities and registered establishments to ensure compliance with importing country requirements; facilitate operational audits and inspectors from importing countries; liaison and communication with peak bodies to facilitate export compliance and process operational changes; liaison with importing countries to resolve phytosanitary and inspection/certification issues; contribution to market access negotiations on operational issues, including harmonisation of interstate trade; assist in the selection of market priorities, with a focus on market readiness; technical/operational advice to authorised officers; and secretariat for the HEICC, which has representatives from the major horticulture export industries. Recommendation 8 3.123 The committee recommends that the Australian Government take steps to discourage the dumping of imported fruit juice concentrate, and reverse the onus of proof onto importing countries to ensure local Australian citrus growers are not discouraged from bringing cases to the relevant authorities—for example, the Anti-Dumping Commission. The Government notes the recommendation The government's election commitments include proposals to strengthen Australia's anti-dumping regime. These commitments are aimed at ensuring Australian industries and businesses have access to a more efficient and more effective anti-dumping regime. Any changes would need to be mindful of Australia's international obligations, including relevant WTO agreements. Recommendation 9 4.116 The committee recommends that the Commonwealth and state governments continue to support the National Fruit Fly Strategy with a view to implementing key recommendations which would reduce the cost and effort to growers and industry of managing fruit fly. The Government agrees in principle to the recommendation The government has long supported the development and implementation of the National Fruit Fly Strategy (NFFS) and the NFFS Implementation Plan. The government provided both financial and in-kind contributions to develop the NFFS and the Implementation Plan. This includes direct funding towards the 15 key projects identified in the NFFS Implementation Plan that are designed to facilitate an enhanced and sustainable national approach to the management of economically important fruit flies. Successful implementation of the NFFS is contingent on a commitment from industries that produce fruit fly host goods to identify, fund, and undertake research that contributes to the understanding of fruit fly biology and management relevant to their sector. The government has committed to support these activities, both through matching industry funding for qualifying research and development activities undertaken through Horticulture Australia Limited, and through the provision of technical expertise and experience. The government has also committed funding to support the National Fruit Fly Strategy Advisory Committee, which will involve governments and industry, to oversee the implementation of the National Fruit Fly Strategy. Recommendation 10 4.117 The committee recommends that, in conjunction and consultation with horticultural industries, the Australian Government consider the introduction of a national fruit fly levy across all industries associated with host material, to help fund the implementation of the National Fruit Fly Strategy. The Government notes the recommendation The government agrees that all industries that are affected by, or that contribute to fruit fly pressures through the production of host material should contribute to the national efforts to develop and implement effective management practices. Many industries already have in place levy arrangements for responses under the Emergency Plant Pest Response Deed (EPPRD), as well as research and development levies. The Australian Government will consider any request by industries to investigate whether these levies could also be applied to broader biosecurity issues, including fruit fly, or whether a specific fruit fly levy is a more appropriate option. For this approach to be successful, fruit fly affected industries would need to agree to such a levy and set them at a level which ensures sustainable funding. Recommendation 11 4.118 The Committee recommends that an integrated approach be taken to the management of fruit fly at both a national and regional level, to ensure that regionally-specific fruit fly issues (for example, South Australia being fruit fly free, New South Wales and Victoria dealing with Queensland fruit fly and Western Australia dealing with Mediterranean fruit fly) are managed appropriately. The Government agrees to the recommendation As noted in submissions and in evidence provided to the committee by a number of parties, the management of fruit flies as a pest of horticulture has local, regional and national aspects. Factors including local and regional conditions and host crop varieties can influence the strategies required for successful management of fruit fly. Experience in managing fruit flies as well as research capacity for investigating and developing new management strategies is spread between industries, private enterprises and governments. The state and territory governments also have a key role in managing the regulatory systems that support Australia's favourable fruit fly status. It is because of this that the Australian Government has provided support to the National Fruit Fly Strategy Advisory Committee. The Advisory Committee will bring together industry representatives, researchers, and quarantine regulators to identify key management and research needs, and assist in communicating and implementing a co-ordinated approach with industry and other regional and state government organisations. Strong industry representation on the Advisory Committee will be critical for its success and to ensure that future management strategies for fruit fly include components relevant to all affected industries and regions. Recommendation 12 4.119 The committee recommends that the Australian citrus industry and DAFF take immediate steps to ensure updated contingency plans are in place to effectively manage incursions of diseases such as HLB (and its vectors) and citrus canker, and ensuring this is adequately funded. The Government notes the recommendation The development of contingency plans is a step within the broader industry biosecurity process that includes the development of crop specific Industry Biosecurity Plans, Pest Fact Sheets and Diagnostic Protocols. Recognising that biosecurity is a shared responsibility, these are developed as a primary function of Plant Health Australia, a non-profit company that is a tripartite partnership between the Government, state and territory governments, and potentially affected plant industries. Plant Health Australia has developed the Australian Emergency Plant Pest Response Plan, PLANTPLAN, which is the current preparedness and response guidelines for any incursion of an exotic pest or disease that would affect a plant industry. PLANTPLAN is constantly reviewed and regularly updated. PLANTPLAN can be applied to any plant pest incursion and is supported by nationally developed and agreed diagnostic protocols and response procedures. The development of pest-specific contingency plans provides additional information to supplement PLANTPLAN, but does not supersede it. In the case of the pest-specific contingency plan for Huanglongbing and its vectors, it was developed as a specified project using citrus industry levies and funded through Horticulture Australia Limited with matching funding from the Australian Government. Should the citrus industry consider that the current contingency plan requires updating or that any pertinent matters are not sufficiently addressed in the plan or through other resources, the industry should seek to address this through Plant Health Australia. The government would support any necessary efforts to update industry biosecurity plans and contingency plans, including support by matching funding through Horticulture Australia Limited projects and provision of technical expertise where required. Additional Comments By Nick Xenophon Recommendation 1 The current 'user pays' approach for small and emerging agricultural exporters be scrapped and replaced with a sliding scale in order to encourage growth in export markets, particularly niche markets. The Government notes the recommendation which is aligned to recommendation 7 above Recommendation 2 That competition laws be amended to provide for a divestiture power to break up a company where there is evidence of anti-competitive conduct, including the imposition of unreasonable contract terms. The Government notes the recommendation The government considers it important that Australia's competition laws remain robust and effective into the future. To achieve this, the government has announced a 'root and branch' review of the competition framework. The review will be an independent examination of how the competition framework is working, whether it is keeping up with emerging trends, and looking beyond the competition framework to identify impediments to competition with the goal of improving the living standards of all Australians. As part of this, the review will have capacity to consider how key markets, such as groceries, have evolved with a view to promoting efficient, competitive outcomes and fair business dealings. Recommendation 3 The Federal Government initiate an overhaul of Australia's country of origin food labelling laws to provide truthful and useful information to consumers. The Government notes the recommendation The government is aware that Australian consumers want clear and accurate labelling to help them identify and buy food grown and processed in Australia. The government is also aware that country of origin claims on food labels may be confusing to consumers. However, any changes to current laws would require agreement at the Commonwealth, state and territory levels. As a first step in developing clearer country of origin labelling for food, a government working group is considering activities to improve consumer and industry understanding of country of origin labelling and other actions to develop clearer labelling options. The Department of Industry and the Treasury co-chair this inter-agency working group. It is tasked with implementing the Council of Australian Governments Legislative and Governance Forum on Food Regulation response to Recommendation 42 of the Review of Food Labelling Law and Policy (2011). That response effectively requested agencies to review and clarify guidance material on country of origin labelling and, if necessary, conduct an education campaign. Members of the working group include the Australian Competition and Consumer Commission (ACCC), Department of Agriculture, Department of Health, Food Standards Australia New Zealand, Department of Foreign Affairs and Trade and Australian Customs and Border Protection Service. To address possible consumer confusion, the ACCC has released a fact sheet titled 'Where does your food come from'. This factsheet explains to consumers how they can support Australian primary producers and Australian food manufacturing jobs. Revised industry guidelines, 'Country of origin claims and the Australian Consumer Law', were also released by the ACCC on 15 April 2014. These guidelines will help businesses to understand and comply with the Australian Consumer Law provisions relating to country of origin claims. In addition, the House of Representatives Standing Committee on Agriculture and Industry is undertaking an inquiry into country of origin labelling for food. The Committee is looking into the current system to see if it can identify any gaps or compliance limitations, or any improvements that could be made. Recommendation 4 Amend the Customs Act 1901 reverse the onus of proof so as to require an importer to prove the imported goods have not been dumped or subsidized for export. The Government does not agree to the recommendation The government's election commitments include proposals to strengthen Australia's anti-dumping regime. These commitments are aimed at ensuring Australian industries and businesses have access to a more efficient and more effective anti-dumping regime. Any changes would need to be mindful of Australia's international obligations, including relevant WTO agreements. Recommendation 5 That imported juice of concentrate containing any level of carbendazim be banned. The Government does not agree to the recommendation Food Standards Australia New Zealand assessed the safety of carbendazim residues in orange juice in 2012 and recommended amending the maximum residue limit from 10 mg/kg to 0.2 mg/kg. The Legislative and Governance Forum on Food Regulation subsequently approved the inclusion of this lower MRL in the Australian New Zealand Food Standards Code. Carbendazim is an approved agricultural chemical used safely on a range of food commodities in Australia. From 18 January 2014, importers are expected to source orange juice and orange juice concentrate that comply with the new requirements. The Department of Agriculture tests imported orange juice for compliance with the food standards code and publicly reports on the results of the testing program. State and territory jurisdictions have responsibility for ensuring that all food, including imported food, meets the requirements of the food standards code at the point of sale. Australian Government response to the Senate Foreign Affairs, Defence and Trade References Committee report: Australia's overseas aid and development assistance program August 2014 Recommendation 1 The committee recommends the Australian Government release an overarching policy framework for Australia's aid program as part of the May 2014 budget process. Agreed. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, was released on 18 June 2014. Recommendation 2 The committee recommends the Australian Government undertake a white paper process to refine the long term strategic objectives of Australia's aid program and identify measures to achieve these objectives. Not agreed. The Government has established the strategic long term objectives for Australia's aid program in a new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, which was released on 18 June 2014. The Government's new performance framework, Making Performance Count: enhancing the accountability and effectiveness of Australian aid , was released with the new development policy on 18 June 2014 and provides assurance that the aid program is effective, achieving results and value-for-money. A key principle underlying the framework is that funding at all levels of the aid program will be informed by progress against a rigorous set of targets and performance benchmarks. Recommendation 3 The committee recommends the Australian Government maintain its commitment to increase the funding by the Consumer Price Index in 2014-15. Not agreed. The Government has stabilised the Official Development Assistance (ODA) budget at around $5 billion ($5.032 billion in 2014-15), with projected growth from 2016-17 in line with the Consumer Price Index (CPI). Recommendation 4 The committee recommends that, in future years, the Australian Government ensures that Australia's ODA/GNI ratio does not fall below 0.33. Not agreed. As stated prior to the election, the Government will not commit to a prescriptive, time-bound target for ODA as a percentage of GNI. The Government has stabilised the ODA budget at around $5 billion, with projected growth from 2016-17 in line with the Consumer Price Index (CPI). Recommendation 5 The committee recommends the Minister for Foreign Affairs and the Shadow Minister for Foreign Affairs develop a bipartisan agreement for the long term funding of Australia's overseas aid and development assistance program to achieve the ODA/GNI target of 0.5 per cent by 2024-25. Not agreed. As stated prior to the election, the Government will not commit to a prescriptive, time-bound target for ODA as a percentage of GNI. The Treasury's Submission to the Inquiry examined the problems for budgeting caused by targeting a specific ODA percentage of GNI. The Government is committed to deliver an aid program that is predictable, affordable and effective. Setting an ODA/GNI target to be achieved by a specific date is neither predictable nor necessarily affordable, given significant fluctuations in projected GNI. Recommendation 6 The committee recommends that the Australian Government promote the interests of developing countries in the Asia Pacific in the post-2015 development agenda discussions. Agreed. The geographic focus of Australia's aid program is the Indo-Pacific region. We have many shared interests with the developing countries of that region. We will promote those shared interests in the post-2015 development agenda discussions in accordance with the recently released new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability . Recommendation 7 The committee recommends that the Australian Government reverse funding cuts made to Pacific nations in the 2014-15 budget. Not agreed. The Government will maintain flexibility in its budget decisions. The 2014-15 Budget estimate for total ODA for the Pacific is $1,152.7 million, compared with the estimated outcome for 2013-14 of $1,062.6 million. Recommendation 8 The committee recommends that the Australian Government reintroduce and support legislation to enable Australia to become a member of the African Development Bank Group. Not agreed. The Government has advised the President of the African Development Bank Group that it will not pursue Australian membership of the African Development Bank and the African Development Fund. This decision was taken in the context of a tight fiscal environment and contributes to savings from the aid budget. The geographic focus of the Australia's aid program is the Indo-Pacific region. However, Australia will continue to help sub-Saharan Africa achieve its development priorities, focusing on support for productive sectors which can contribute to economic growth and poverty reduction. Recommendations 9 and 10 The committee recommends that the Australian Government renew the Medical Research Strategy and expand funding for the program to $50 million per annum. The committee recommends that the Medical Research Strategy should: have a broader remit to include all research relevant to the major health challenges in developing countries, including early and product development and operational/field research; and continue to have priority focus on product development partnerships. Not agreed. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability , provides strategic direction for medical research in the context of the aid program. In 2014-15, the Government has committed $30 million of the aid program to health and medical research. This is the most we have ever invested in this area in a single year. Recommendation 11 The committee recommends that the Australian Government establish an interdepartmental taskforce, chaired by the Department of Foreign Affairs and Trade, to develop a global health research and development strategy. Not agreed. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability , provides strategic direction for medical research in the context of the aid program. The Department will continue to consult with other interested agencies, both within and outside the public sector, in relation to global health development issues, including research. Recommendation 12 The committee recommends that the Department of Foreign Affairs and Trade investigate creating a mechanism to track gender issues across the Australian aid program and budget. Agreed. Mechanisms are already in place to track gender issues across the Australian aid program. This includes tracking gender equality expenditure and program performance on gender equality. The Government's new performance framework, Making Performance Count: enhancing the accountability and effectiveness of Australian aid, was issued on 18 June 2014. The new performance framework contains a target to track the effectiveness of all investments in addressing gender issues. Recommendation 13 The committee recommends that the Australian Government restore an appropriate level of funding for climate change mitigation and environmental protection programs within the aid budget. Not agreed. Programs encompassing climate change mitigation and environmental protection will continue to be part of the delivery of Australia's aid programs. Recommendation 14 The committee recommends that the Australian Government commit to allocating 10 per cent of the aid budget for emergency and humanitarian response. Not agreed. Australia will continue to uphold its global responsibilities, including by maintaining a strong humanitarian program. Of the total development assistance budget, $338.6 million will be allocated for humanitarian, emergencies and refugee expenditure in 2014-15, an increase of almost 30% from 2013-14, with further funding allocated to assist communities to reduce disaster risk. This includes an increase of the Emergency Fund by 30%, from $90 million to $120 million, to enable Australia to respond swiftly and effectively to global emergencies and emerging priorities. Recommendation 15 The committee recommends that the Australian Government re-establish the AusAID NGO Cooperation Program Innovation Fund. Noted. The Government will spend $140 million over the next four years on an innovation fund. Australia will become a founding partner in the Global Development Innovation Ventures program, an international program supported by the US and the UK aid agencies, to identify, test and scale up successful new approaches to development. DFAT will establish an Innovation Hub to use partnerships, personnel exchanges and secondments to promote creative, innovative and new solutions to development challenges. Recommendation 16 The committee recommends that the Australian Government join the Global Development Innovation Venture. Agreed. The Minister for Foreign Affairs announced on 18 June 2014 that Australia intends to become a founding partner in the Global Development Innovation Ventures program. Recommendation 17 The committee recommends that the Australian National Audit Office consider the procurement of aid-related technical services by the Department of Foreign Affairs and Trade. Noted. The Auditor-General is an independent officer of the Parliament. In determining the forward Audit Work Program for the Australian National Audit Office, the Auditor-General makes an independent assessment of his audit priorities, taking into account the priorities of the Parliament, and available resources. Recommendation 18 The committee recommends that the Australian National Audit Office undertake a review of the Department of the Foreign Affairs and Trade to ensure it has retained and maintained the key skills, processes and specialist staff necessary to effectively administer Australia's aid program. Noted. The Auditor-General is an independent officer of the Parliament. In determining the forward Audit Work Program for the Australian National Audit Office, the Auditor-General makes an independent assessment of his audit priorities, taking into account the priorities of the Parliament, and available resources. Recommendation 19 The committee recommends the Australian Government consider changing the title of the Department of Foreign Affairs and Trade to reflect the importance of its overseas aid and development assistance responsibilities. Noted. Recommendation 20 The committee recommends that the Department of Foreign Affairs and Trade recommit to the Transparency Charter and continue to increase the amount of publicly available information regarding Australia's aid program. Noted. The Government is committed to high standards of transparency and accountability in the management of the Australian aid program. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, outlines this commitment and replaces the previous Transparency Charter. Recommendation 21 The committee recommends that the Australian Government develop aid benchmarks which can be applied consistently to all agencies which provide official development assistance. Agreed. The Government's new performance framework for the Australian aid program, Making Performance Count: enhancing the accountability and effectiveness of Australian aid, provides additional assurance that the aid program is effective, achieving results and value-for-money. The new performance framework operates across all levels of the aid program. The performance of Australian aid delivered by Australian Government departments with significant official development assistance expenditure will be assessed and reported on annually. Recommendation 22 The committee recommends the Australian Government continue to consult closely with aid sector stakeholders in the development and implementation of aid benchmarks. Agreed. Stakeholders were consulted in the development of the new performance framework for the Australian aid program, Making Performance Count: enhancing the accountability and effectiveness of Australian aid, issued on 18 June 2014. This included more than 40 consultations with over 70 stakeholders and experts in Australia and overseas, and 48 written submissions. The Government will continue to consult with stakeholders on the implementation of the new performance framework. Recommendation 23 The committee recommends the Department of Foreign Affairs and Trade expedite the provision of detailed information to stakeholders regarding which programs and areas will be impacted by the aid budget funding changes announced on 18 January 2014. Agreed. Information on the implementation of the revised budget for 2013-14 is available on the Department of Foreign Affairs and Trade (DFAT) website. Recommendation 24 The committee recommends that the Australian Government should refrain from mid-year changes to aid funding allocations in the future unless they increase available funding. Not agreed. We are committed to administering a responsible, affordable and sustainable aid program and recognise that certainty of aid funding is important to aid effectiveness. Dissenting report by Coalition Senators Recommendation 1 The Coalition Government deliver aid against its stated priority objectives, including to promote Australia's national interests through contributing to economic growth and poverty reduction. Agreed. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, was released on 18 June 2014. The purpose of the aid program is to promote Australia's national interests by contributing to international economic growth and poverty reduction. Recommendation 2 The Coalition Government implements Recommendation 39 of the Independent Review of Aid Effectiveness by implementing rigorous benchmarks. Agreed. The Government's new performance framework, Making Performance Count: enhancing the accountability and effectiveness of Australian aid , released on 18 June 2014 , in effect implements Recommendation 39 of the Independent Review of Aid Effectiveness, by putting in place a rigorous set of targets and performance benchmarks at all levels of the Australian aid program. Recommendation 3 The Government further strengthen the aid program's fraud management controls and systems. Agreed. The Government has committed to ensuring that the aid program is effective, achieving results and value-for-money, including through robust internal and external evaluation, audit, risk management and fraud prevention systems. Under the Government's new performance framework, Making Performance Count: enhancing the accountability and effectiveness of Australian aid, released on 18 June 2014, major country and regional programs will be required to develop and implement new fraud and anti-corruption strategies. Dissenting report by the Australian Greens Recommendation 1 Tied aid programs should not be considered as Official Development Assistance. Overseas development should contribute to poverty alleviation and should not be used as corporate welfare for Australian companies. Noted. Australia's aid program was untied in 2006. The Government's objective for the aid program is to promote Australia's national interests through contributing to economic growth and poverty reduction. The promotion of economic growth is not a corporate welfare mechanism. Recommendation 2 Aid should not be linked to Australia's punitive refugee policy either through spending in Australia or overseas, and aid should not be used as a means of leverage deals with neighbouring countries. Noted. Australia does not have a punitive refugee policy. Australia is one of the top three resettlement countries in the world. Resettlement is offered to people found to be refugees through its Humanitarian Programme. Australia also actively contributes to international refugee protection, by working with UNHCR and the international community to ensure comprehensive, integrated responses to refugee situations. Assistance to refugees in developing countries is reportable as ODA, as is expenditure for the sustenance of refugees in donor countries during the first twelve months of their stay. Australia's bilateral development programs are agreed in consultation with developing country partners. Recommendation 3 The Government should maintain its commitment to the MDGs by ensuring all aid policy meets MDG guidelines. Noted. Australia remains committed to the Millennium Development Goals. Recommendation 4 The Government should end programs and policies that do not meet the objectives of the MDGs such as the Mining for Development Initiative. Not agreed. The Government has established the strategic objectives for Australia's aid program in a new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, which was released on 18 June 2014. Recommendation 5 Environmental aid, including climate change adaptation funds should be added to the aid program as priority areas. Not agreed. The priority areas for the Australian aid program are set out in the Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, which was released on 18 June 2014. Recommendation 6 The Government should reassess the aid for trade policy and cease the use of aid as a bargaining chip to further these negotiations. Not agreed. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, released on 18 June 2014, provides strategic direction for Australia's approach to aid for trade. Australia provides aid for trade to help developing countries increase their economic growth. Aid for trade addresses developing countries' internal constraints to trade, such as cumbersome regulations, poor infrastructure and lack of workforce skills. Recommendation 7 A significantly increased level of scrutiny and accountability needs to be applied to where the Government partners with the private sector. Not agreed. All partners involved in the delivery of Australia's aid program, including the private sector, are held accountable for their performance. The Australian Government will work with the most effective and innovative delivery partners to achieve its international objectives with a particular focus on value-for-money and achieving results against each investment. As part of the aid program's new performance framework, Making Performance Count: enhancing the accountability and effectiveness of Australian aid, released on 18 June 2014, the systems used to assess the performance of the aid program's key delivery partners will be strengthened to better link performance and funding. Recommendation 8 The Government to more regularly release information about the aid program and increase the transparency about decision making processes. Noted. The Government is committed to high standards of transparency and accountability in the management of the Australian aid program. The Government's new development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability, outlines this commitment. Australian Government response to the Senate Select Committee on the National Broadband Network Interim Report July 2014 INTRODUCTION On 14 November 2013, the Senate established a Select Committee on the National Broadband Network (the Committee) to inquire into and report on the Australian Government's (the Government) reviews of the National Broadband Network (NBN) and the governance of NBN Co Limited (NBN Co). The Committee's Terms of Reference require it to report to the Parliament with particular reference to: a. the establishment of the Government's Strategic Review of the NBN; b. the outcome of the Strategic Review of the NBN; c. the establishment and findings of the Government's cost benefit analysis; d. the conduct and findings of the Government survey of the availability of broadband in Australia; and e. any related matter. On 26 March 2014, the Committee tabled it first interim report. The report made five recommendations and included a dissenting report that rejected the majority report. AUSTRALIAN GOVERNMENT RESPONSE The Australian Government has considered the Committee's interim report and provides the following response to the recommendations. Recommendation 1 NBN Co should submit a revised Strategic Review that provides transparent assumptions and corrects deficiencies and distortions. The revised Strategic Review should provide details of only two scenarios: - An optimised FTTP rollout that adopts the technology changes and other management initiatives outlined in Scenario 2, together with a plan to address identified industry capacity constraints; and - A revised Multi-Technology Mix that is based on actual costs for FTTN and HFC derived from discussions with Telstra, Optus and vendors. This scenario should also include all costs to undertake the flagged upgrades to 100 Mbps by 2023, 250 Mbps by 2028 and 1000 Mbps by 2030. The revised scenarios should include consideration of broadband quality beyond just download speeds, and the demand for attributes like upload speeds and reliability in the residential and small business market. Prior to submission, the Strategic Review should be scrutinised and verified by an independent advisor engaged by the Department of Communications and the Department of Finance. The Government does not support this recommendation. The Strategic Review was prepared to evaluate the position of NBN Co and to inform decisions on a revised Statement of Expectations. The Strategic Review, together with other reviews (i.e. the Fixed Wireless and Satellite Review and the Broadband Availability and Quality Project) will be inputs to NBN Co's 2014-17 Corporate Plan which will be finalised later in 2014. A more detailed view on the issues arising in respect of this recommendation is provided in the document, Response to the Senate Select Committee on the NBN1 and the Coalition Senators' Dissenting Report. Recommendation 2 NBN Co should continue and accelerate the roll out of the FTTP network while further analysis is undertaken. NBN Co should be allowed to proceed free from political interference. The Government notes this recommendation. NBN Co is continuing the rollout of fibre-to-the-premises (FTTP) while work on the transition to the multi-technology mix model proceeds. The transition needs to be undertaken in a responsible manner, consistent with the Government's 8 April 2014 Statement of Expectations that it avoid service disruption for consumers; minimise uncertainty and disruption for construction partners; and achieve rollout objectives as cost-effectively and seamlessly as possible. A more detailed view on the issues arising in respect of this recommendation is provided in the document, Response to the Senate Select Committee on the NBN and the Coalition Senators' Dissenting Report. Recommendation 3 Governance processes between NBN Co and the Minister should be investigated to determine how a document with the deficiencies evident in the Strategic Review was produced and signed off by the NBN Co Board and the Minister. The Government does not support this recommendation. A more detailed view on the issues arising in respect of this recommendation is provided in the document, Response to the Senate Select Committee on the NBN and the Coalition Senators' Dissenting Report. Note that KordaMentha is currently conducting an audit of governance measures at the NBN Co, in order to improve current arrangements. Recommendation 4 The Committee recommends that the Senate amend the Committee's Terms of Reference to enable ongoing and robust Parliamentary oversight of the National Broadband Network. The Government does not support this recommendation. The importance of proper Parliamentary scrutiny of the rollout and implementation of the NBN is recognised by the Government. Recommendation 5 Shareholder Ministers and NBN Co should implement concrete measures to improve transparency and accountability. At a minimum, NBN Co should: - Immediately take steps to rectify community uncertainty about the rollout. NBN Co should inform communities where physical construction is taking place, and provide forecasting data on its website to advise local communities when services are expected to become available; - Attend all Parliamentary Committee hearings and answer questions on notice accurately and in a timely fashion, as is appropriate for a Government Business Enterprise accountable to the Australian people; and - Publish the full program summary report on its website, in accordance with the interim statement of expectations. The Government notes this recommendation. A more detailed view on the issues arising in respect of this recommendation is provided in the document, Response to the Senate Select Committee on the NBN and the Coalition Senators' Dissenting Report. 1 Available at www.malcolmturnbull.com.au/media/response-to-the-senate-select-committee-on-the-nbn Australian Government response to the Senate Inquiry report: The Framework and operation of subclass 457 Visas, Enterprise Migration Agreements and Regional Migration Agreements July 2014 Preamble The Australian Government welcomes the opportunity to respond to the report of the Legal and Constitutional Affairs Reference Committee titled Framework and operation of subclass 457 Visas, Enterprise Migration Agreements and Regional Migration Agreements . The report was published on 24 June 2013. The Government notes the importance of the Subclass 457 visa programme, Enterprise Migration Agreements and Regional Migration Agreements (now called Designated Area Migration Agreements) in allowing employers to access skills and technical expertise that are unavailable in Australia and enabling overseas businesses to establish an Australian operation or to fulfil a contractual obligation in Australia. The Government is grateful for the work the Committee has taken in respect to this important subject, and to those who contributed views and evidence to the Committee. The Government's response to the recommendations made by the Committee follows. A number of the recommendations have already been implemented. Many of the recommendations were referred to the independent panel appointed by the Government to review the integrity of the Subclass 457 visa programme. The independent panel provided their report to the Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash, on 30 June 2014. Responses and Recommendations Table 1: Summary Recommendation Response Pg Recommendation 1 2.105 The committee recommends that, for the exclusive purposes of the 457 visa programme, the Australian Workforce and Productivity Agency be given the responsibility and commensurate funding to compile and prepare a skills in demand list which also takes into account regional labour market skill shortages. Supported in principle, with any subsequent work to be undertaken by the Department of Industry 5 Recommendation 2 2.106 The committee recommends that the government institute a review of the extent to which Australia's immigration system does and should facilitate the flow of low- and- semi-skilled labour into Australia. Referred to the independent review of the 457 programme 5 Recommendation 3 2.110 The committee recommends that a dedicated pathway for intra-company transfers be introduced to the 457 visa programme. Referred to the independent review of the 457 programme 6 Recommendation 4 3.76 The committee recommends that the Fair Entitlements Guarantee Act 2012 be amended to make 457 visa holders eligible for entitlements under the Fair Entitlements Guarantee scheme. Not supported 6 Recommendation 5 3.79 The committee recommends that the Government initiate an inquiry into the extent to which relevant workplace and occupational health and safety legislation protects the legal rights, remedies and entitlements of 457 visa holders and whether temporary migrant workers in Australia are adequately protected by relevant workplace and occupational health and safety laws. Not supported 7 Recommendation 6 3.80 The committee recommends that the immigration programme be reviewed and, if necessary, amended to provide adequate bridging arrangements for 457 visa workers to pursue meritorious claims under workplace and occupational health and safety legislation. Referred to the independent review of the 457 programme 8 Recommendation 7 3.91 The committee recommends that the Department of Immigration and Citizenship be required to provide 457 visa holders, on each approval, variation or re-approval of an application, with comprehensive information regarding sponsors' obligations; relevant workplace and human rights governing the employment relationship; and sources of workplace, legal and migrant advice and assistance while working in Australia. Referred to the independent review of the 457 programme 9 Recommendation 8 4.24 The committee recommends that the Government prepare and release submission guidelines for Enterprise Migration Agreements and Regional Migration Agreements. Supported in principle 9 Recommendation 9 5.104 The committee recommends that the government initiate a review of the Ministerial Advisory Council on Skilled Migration (MACSM) to establish clear terms of reference, operating guidelines and consultation and communication strategies for that body. Supported in principle 9 Recommendation 10 5.111 The committee recommends that the proposed changes to on-hire arrangements and sponsors' obligation not to recover certain costs be effected immediately and separately to the regulation currently proposed to commence on 1 July 2013. Referred to the independent review of the 457 programme 10 Recommendation 11 5.114 The committee recommends that the proposed empowerment of Fair Work Inspectors under the Migration Act 1958 and to subclass 457 visa condition 8107 be effected immediately and separately to the Migration Amendment (Temporary Sponsored Visas) Bill 2013. Referred to the independent review of the 457 programme 10 Recommendation 1—Supported in principle The committee recommends that, for the exclusive purposes of the 457 visa programme, the Australian Workforce and Productivity Agency be given the responsibility and commensurate funding to compile and prepare a skills in demand list which also takes into account regional labour market skill shortages. The Government supports this recommendation in principle, with any subsequent work to be undertaken by the Department of Industry. Preliminary analysis by the Australian Workforce and Productivity Agency (AWPA) indicates that additional data would be necessary to complete a list at the state/territory or regional level. However, this view would need to be confirmed with in‑depth analysis of the matter prior to formulating any final view and the cost involved in obtaining the additional data is undetermined at this time. Recommendation 2—Referred to the Independent Review of the 457 Programme The committee recommends that the government institute a review of the extent to which Australia's immigration system does and should facilitate the flow of low- and- semi-skilled labour into Australia. The Government has referred this recommendation to the independent review of the 457 programme. The role of Australia's skilled migration programme is to contribute to Australia's economic prosperity through the supplementation of Australia's labour force with skilled migrants. Temporary skilled programmes support economic growth by assisting employees to address shortages, over the short to medium term, in particular industries and regions. Australia's permanent skilled programme contributes through the introduction of skills of high value over the long-term. It is desirable, in developing skilled migration policies to allocate priority to those potential migrants who have the highest levels of human capital with an aim of raising the overall productive capacity of the labour force. A number of programmes exist which permit visa holders to work in semi-low skilled occupations. These include the working holiday maker programmes, the special category visa for New Zealand citizens, the student visa programme and the seasonal worker programme. Those people who enter Australia under the family programme or as a dependent on a temporary or permanent skilled visa also have work rights. It is not possible to determine the number of visa holders who seek work in low and semi‑skilled occupations in Australia as skill levels are only recorded for primary applicants who apply for skilled visas. Recommendation 3 - Referred to the Independent Review of the 457 Programme The committee recommends that a dedicated pathway for intra-company transfers be introduced to the 457 visa programme. The Government has referred this recommendation to the independent review of the 457 Programme. The purpose of the subclass 457 visa programme is to enable employers to fill short to medium term skill shortages by recruiting qualified overseas workers where they cannot find appropriately skilled Australians. The subclass 457 visa programme has provision for intra‑company transfers. When Labour Market Testing commenced in late 2013, certain intra-company transferees nominated for a subclass 457 visa became exempt in order to ensure Australia's compliance with international trade obligations. Those exempt will include executives and senior managers who are employees of a company operating in Australia, and who will be responsible for the entire or a substantial part of that company's operations in Australia. Recommendation 4—Not Supported The committee recommends that the Fair Entitlements Guarantee Act 2012 be amended to make 457 visa holders eligible for entitlements under the Fair Entitlements Guarantee scheme. The Government does not support this recommendation. The Fair Entitlements Guarantee Act 2012 is a safety net scheme designed to safeguard employees whose employer may become insolvent and is unable to meet their liabilities, such as paying employee entitlements. It has been a long standing principle in Australia that Government safety net schemes are only available to people with ties to Australia, such as through citizenship or permanent residence. Broadening the scheme to cover subclass 457 visa holders would be a significant policy change that may impact more broadly across other aspects of Government's financial assistance programmes. Payments under the Fair Entitlements Guarantee Act 2012 only become necessary in a very small percentage of liquidations and bankruptcies. In the vast majority of cases employees are able to get their entitlements through the assets of their former employer. Ineligibility for assistance under the Fair Entitlements Guarantee Act 2012 in no way affects a subclass 457 visa holders' right to recover unpaid entitlements from a former employer in the liquidation or bankruptcy process applicable to that employer. These restrictions on residence requirements were tested in 2012 when the Fair Entitlements Guarantee legislation progressed through Parliament. The Parliamentary Joint Committee on Human Rights accepted the residence eligibility requirements were unlikely to be incompatible with Australia's human rights obligations under the International Covenant on Civil and Political Rights, as they were necessary to maintain consistency with broader social security legislation and the restriction was appropriate and proportionate to that objective. Recommendation 5—Not Supported The committee recommends that the Government initiate an inquiry into the extent to which relevant workplace and occupational health and safety legislation protects the legal rights, remedies and entitlements of 457 visa holders and whether temporary migrant workers in Australia are adequately protected by relevant workplace and occupational health and safety laws. The Government does not support this recommendation. The Fair Work Act 2009 (FW Act) does not deal with coverage of employees by reference to the Migration Act 1958. The FW Act applies to national system employers, including trading and financial corporations formed within Australia and foreign corporations, and their employees throughout Australia including the territorial sea, Christmas and Cocos (Keeling) Islands. The Government does not consider an inquiry into the extent to which relevant workplace relation laws protect subclass 457 visa holders is required at this time. The Fair Work Ombudsman provides tailored advice and assistance for workers that are identified as vulnerable, including subclass 457 visa holders, to ensure they receive their legal entitlements under the FW Act. In place of another inquiry, the Government supports implementation of practical measures to ensure vulnerable workers are aware of their rights. The Department of Immigration and Border Protection currently makes available a fact sheet on the rights and obligations of overseas workers on its website. An informational video on the same topic is also made available. The fact sheet and video have both been translated into multiple languages to cater for persons form non-English speaking backgrounds who prefer to view this information in their native language. In addition, Recommendation 11 has been implemented and will increase compliance monitoring in relation to employment conditions for sponsored subclass 457 visa holders. With regard to work health and safety (WHS) laws, it is the nature of a person's employment which determines their legal rights and remedies under these laws rather that their residence status. All Australian jurisdictions have laws to protect workers from workplace harm and injury. Seven of the nine jurisdictions have adopted the nationally harmonised work health and safety laws. Under these laws, the definition of worker includes but is not limited to, employees, contractors, employees of labour hire companies and outworkers. Persons conducting a business or undertaking are required to ensure, so far as is reasonably practicable, the health and safety of workers engaged or caused to be engaged by them, as well as workers whose activities in carrying out work are influenced or directed by that person. Victoria and Western Australia are yet to adopt the harmonised legislation and continue to operate under their OHS legislation where protection is limited to 'employees'. Recommendation 6—Referred to the Independent Review of the 457 Programme The committee recommends that the immigration programme be reviewed and, if necessary, amended to provide adequate bridging arrangements for 457 visa workers to pursue meritorious claims under workplace and occupational health and safety legislation. The Government has referred this recommendation to the independent review of the 457 Programme. With effect from 1 July 2013 the time period increased from 28 to 90 consecutive days, for primary subclass 457 holders to find a new sponsor or to depart Australia, if they cease employment with their sponsoring employer. This time period allows visa holders to pursue meritorious claims under workplace and occupational health and safety legislation before the consideration is given to cancelling the visa. If a visa holder has a genuine need to be in Australia then the Department of Immigration and Border Protection may defer cancellation of the 457 visa until after this need has been met. Alternatively, if sufficient justification exists then a decision may be made not to cancel the visa, in which case the visa holder may remain in Australia until their subclass 457 visa expires. However, once the subclass 457 visa expires a person's options are limited. Under current bridging visa provisions there is not capacity to provide a person the authority to stay in Australia while pursuing non- immigration related claims after a visa expires. If a person is undergoing medical treatment in Australia in relation to a workplace injury, then they may be eligible for Medical Treatment (Subclass 602) visa. To be eligible for this visa the applicant would need to provide a medical treatment plan that includes an end date for the treatment. Recommendation 7 - Referred to the Independent Review of the 457 Programme The committee recommends that the Department of Immigration and Citizenship be required to provide 457 visa holders, on each approval, variation or re-approval of an application, with comprehensive information regarding sponsors' obligations; relevant workplace and human rights governing the employment relationship; and sources of workplace, legal and migrant advice and assistance while working in Australia. The Government has referred this recommendation to the independent review of the 457 Programme. The Department of Immigration and Border Protection currently makes available a fact sheet on the rights and obligations of overseas workers on its website. An informational video on the same topic is also made available. The fact sheet and video have both been translated into multiple languages to cater for persons form non-English speaking backgrounds who prefer to view this information in their native language. Recommendation 8—Supported in principle The committee recommends that the Government prepare and release submission guidelines for Enterprise Migration Agreements and Regional Migration Agreements. The Government supports this recommendation. The Department of Immigration and Border Protection has prepared submission guidelines for both the Enterprise Migration Agreements and Regional Migration Agreements (now called Designated Area Migration Agreements) programmes, and is consulting with stakeholders prior to their release. Recommendation 9—Supported in principle The committee recommends that the government initiate a review of the Ministerial Advisory Council on Skilled Migration (MACSM) to establish clear terms of reference, operating guidelines and consultation and communication strategies for that body. The Government supports this recommendation. In light of the current inquiries into the subclass 457 visa programme and the Significant Investor Visa programme, the government believes that the Ministerial Advisory Council on Skilled Migration (MACSM) should be reconstituted with new terms of reference once the review reports are received. Recommendation 10 - Referred to the Independent Review of the 457 Programme The committee recommends that the proposed changes to on-hire arrangements and sponsors' obligation not to recover certain costs be effected immediately and separately to the regulation currently proposed to commence on 1 July 2013. The Government has referred this recommendation to the independent review of the 457 Programme. The changes to prevent on-hire arrangements and to strengthen the obligation not to recover costs were implemented on 1 July 2013 through the Migration Amendment Regulation 2013 (No. 5). All businesses who sponsor subclass 457 visa holders are required to comply with these requirements. Recommendation 11—Referred to the Independent Review of the 457 Programme The committee recommends that the proposed empowerment of Fair Work Inspectors under the Migration Act 1958 and to subclass 457 visa condition 8107 be effected immediately and separately to the Migration Amendment (Temporary Sponsored Visas) Bill 2013. The Government has referred this recommendation to the independent review of the 457 Programme. The empowerment of Fair Work Inspectors and the change to visa condition 8107 were introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which came into effect on 1 July 2013. GOVERNMENT DOCUMENTS (pursuant to Senate standing order 166) Department of Defence—Special purpose flights—Schedule for the period 1 July to 31 December 2013. [Received 18 July 2014] Australian Workforce and Productivity Agency—Report for 2013-14. [Received 29 July 2014] National Broadband Network Public Policy Processes—Independent audit—Report for the period April 2008 to May 2010. [Received 4 August 2014] Great Barrier Reef Marine Park Act 1975—Great Barrier Reef outlook report 2014. [Received 12 August 2014] Gene Technology Regulator—Quarterly report for the period 1 January to 31 March 2014. [Received 13 August 2014] National Broadband Network Co Limited—Corporate governance review, dated 8 August 2014. [Received 13 August 2014] Fair Work (Building Industry) Act 2012—Commonwealth Ombudsman’s report for 2013-14 on reviews conducted under Division 3. [Received 22 August 2014] RETURN TO ORDER (pursuant to Senate standing order 166) Administration—Australian Defence Force Boots Tender—Order for Production of Documents—Letter to the President of the Senate from the Minister for Defence (Senator Johnston), dated 18 July 2014. [Received 18 July 2014] STATEMENTS OF COMPLIANCE WITH SENATE ORDERS (pursuant to Senate standing order 166) Indexed lists of departmental and agency files (continuing order of the Senate of 30 May 1996, as amended on 3 December 1998): Lists of contracts (continuing order of the Senate of 20 June 2001, as amended on 27 September 2001 and 18 June, 26 June and 4 December 2003): Defence portfolio. [Received 22 August 2014] Education portfolio. [Received 22 August 2014] Employment portfolio. [Received 12 August 2014] Environment portfolio. [Received 22 August 2014] Ordered that the reports be printed.