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Treaties Committee supports Australia-Japan Reciprocal Access Agreement and Global Convention on the Recognition of Qualifications

THE Joint Standing Committee on Treaties has tabled a report into two major treaties: the Agreement between Australia and Japan concerning the Facilitation of Reciprocal Access and Cooperation between the Australian Defence Force and the Self-Defense Forces of Japan (Australia-Japan RAA), and the Global Convention on the Recognition of Qualifications concerning Higher Education (Global Convention).

The Committee has recommended the Australian Government ratify both treaties.

Committee chair, Josh Wilson MP said, “The Australia-Japan RAA builds on the long-standing defence relationship between Australia and Japan, and would both simplify and strengthen defence cooperation between the two countries in the context of a deteriorating strategic environment.

“The Australia-Japan RAA deals comprehensively with the entry and departure of the Visiting Force and Civilian Component, their movement and operation within the territory of each Party, command and control, and matters of criminal jurisdiction and claims."

The issue of the death penalty that applies in Japan for certain offences was examined by the committee. It found that while blanket immunity for Australian personnel serving in Japan was not achieved, considerable steps had been taken to protect personnel from the risk of being subject to the death penalty, while also maintaining Australia’s international obligations.

The Committee recognised the importance of Australia’s principled position opposing the death penalty, as set out in Australia’s whole-of-government strategy for the abolition of the death penalty.

Regarding the Global Convention, Mr Wilson said, “The Global Convention establishes universal principles and processes for the recognition of studies and qualifications, and the right of individuals to have their foreign qualifications assessed in a fair, transparent, and non-discriminatory manner.

“The Global Convention would provide a framework for the recognition of Australian qualifications internationally, and the recognition of overseas qualifications in Australia, and in so doing would potentially have significant benefits for Australia’s education sector."

The committee agreed that in a highly competitive international marketplace, the Global Convention would add value to Australian qualifications and help to attract skilled professionals. Importantly, Australian decision makers would retain full autonomy with regard to which overseas qualifications would be recognised and how that would occur.

The report can be found on the Committee website, along with further information on the inquiry.

 

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Road resiliency inquiry launched

THE House of Representatives Standing Committee on Regional Development, Infrastructure and Transport has today launched an inquiry into the implications of severe weather events on the national regional, rural, and remote road network.

Chair of the committee, Luke Gosling OAM, MP, said, "The inquiry will look at road engineering and construction standards to strengthen road resiliency against natural disasters, including the critical role of climate change trends and data to inform infrastructure standards.

"The committee is concerned about the increasing deterioration of the nation’s road network, particularly in regional, rural, and remote areas. The extreme flooding events and other natural disasters across the nation have impacted many Australians, and the Committee is seeking to understand how road planning and construction may be improved to enhance road climate resiliency and support our communities."

Mr Gosling said the committee was seeking written submissions, ideally of no more than 10 pages, from organisations and individuals providing recommendations relating to any or all of the inquiry terms of reference by February 28, 2023.

Further information about the inquiry, including published submissions and hearing transcripts, will be available on the inquiry web page.

 

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Radio frequency spectrum management in regional Australia

A PARLIAMENTARY inquiry will hear how the Australian Communications and Media Authority’s (ACMA’s) management of radiofrequency spectrum may impact on regional mobile phone coverage.

The House Communications and the Arts Committee will hear how ACMA oversees more than 170,000 commercial, government and individual licensees operating in Australia at a public hearing today (November 30) for its parliamentary inquiry into co‑investment in regional mobile carrier infrastructure.

Spectrum is a key input for the delivery of wireless broadband (fixed and mobile), satellite and broadcasting services, according to ACMA. With relevant spectrum capable of providing national coverage currently licensed to each of the three mobile carriers, ACMA’s submission to the inquiry states that spectrum availability and access is not a current barrier to terrestrial mobile network expansion.

Committee Chair, Brian Mitchell MP, outlined the Committee will be seeking ACMA’s views on access to spectrum if co-investment looms as the best tool to encourage multiple telecommunications providers in regional areas to invest in and share ‘multi-carrier’ mobile towers to improve the range and reliability of their services.

Public hearingWitness: Australian Communications and Media AuthorityTime and date: 12:40pm AEDT November 30Location: Committee Room 1R6 Parliament House Canberra

The inquiry’s terms of reference and information about the Committee may be found on the Committee’s webpage.

 

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Hearings on the importance of electoral processes in supporting democracy regionally

THE IMPORTANCE of strengthening the electoral processes of Australia’s regional neighbours will be examined this week at a public hearing held by the Foreign Affairs and Aid Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT).

The subcommittee will hear from the International Institute for Democracy and Electoral Assistance (IDEA) in relation to its inquiry into supporting democracy in the region. Chair of the subcommittee, Josh Burns MP, said the Subcommittee "looks forward to hearing from International IDEA, an intergovernmental organisation that supports sustainable democracy around the world".

"Electoral assistance is one element that the subcommittee will focus on throughout this inquiry," Mr Burns said "The subcommittee will use this opportunity to identify how best to support our neighbours in promoting strong electoral processes and, as a result, encouraging democratic participation."

Submissions to this inquiry close on Friday, December 16, 2022. Submissions should be lodged online using a My Parliament account. Further information in relation to the inquiry is available on the inquiry website.

Public hearing details

Date: Thursday, 1 December 2022Time: 11:30am – 12:30pmLocation: Committee Room 2R1, Parliament House, Canberra

The hearing will be broadcast live at aph.gov.au/live.

 

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Community Legal Centres welcome the passing of Respect@Work as a 'huge milestone for Australia'

LEADING Community Legal Centres (CLCs) have welcomed the passing of the Government’s Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022.  

The Bill gives legislative effect to key Respect@Work recommendations, including the creation of a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination. It was also a key election commitment for the Albanese Government.

Kingsford Legal Centre director Emma Golledge said of the changes, “We are thrilled by the creation of a positive duty on employers to eliminate sexual harassment at work. We have been advocating for this for many years.

"This provision has the potential to have a profound impact on the lives of many workers in Australia. This will mean employers will have a legal obligation to take concrete steps to make workplaces safer and free from sex discrimination. This will have a cultural and systemic impact, with the burden of preventing and addressing sexual harassment being shifted to those in positions of power.”

Statutory review provision

CLCs also congratulate the Federal Government for amending the Bill to include a statutory review clause. Under the Bill, the Minister will commence an independent review of the Bill two years after the enforcement provisions for the positive duty come into effect. This will include a review of whether the Australian Human Rights Commission is adequately supported to carry out its enforcement role for the positive duty.

Women’s Legal Service NSW principal solicitor Pip Davis said, “This Bill is too important to not be subject to ongoing statutory review. The Bill creates provision for at least one review.

"Statutory review will be vital to ensure that the provisions on enforcing the positive duty are working in practice, and that the Bill is achieving its key goals of eliminating unlawful sex discrimination and holding employers accountable for failing to provide a workplace that is safe and free from sexual harassment. It will also give us the opportunity to assess whether the Australian Human Rights Commission is being properly funded and supported to undertake its key role of enforcing the positive duty.”

Community Legal Centres Australia’s representative on the Respect @Work Council, Zana Bytheway also noted the importance of statutory review of the Bill so that the amended legislation ensures greater consistency and intersectionality in federal anti-discrimination law.

"This Bill is a huge first step, but it is just the beginning in terms of reforming federal anti-discrimination laws to operate more consistently and reflect the intersectional nature of discrimination," Ms Bytheway said.

"For example, our centres will be advocating for a positive duty on employers to not just prevent sexual harassment but to prevent other forms of discrimination at work, including discrimination based on disability, age, and race. This provision will assist us with this work.”

Costs review on Federal Anti-discrimination law

While the government originally proposed a ‘cost neutral’ approach to costs in federal discrimination matters under the Bill, this provision has been removed. The provision sought to create a presumption that parties bear their own costs in federal discrimination matters. Community Legal Centres had raised concerns about how the provision would operate for CLC clients.

CLCs have been advocating for an “equal access” model for costs. This approach would provide people who bring discrimination matters in the federal courts with greater protection against an adverse costs order if they lose their matter, but still enable them to access an order for the other side to pay their legal fees if they win.

The Attorney-General’s Department has committed to immediately commencing a review into the approach to costs in discrimination matters. CLCs have supported this in the short-term to provide greater opportunity for consultation on the best costs model for the Bill.

Kingsford Legal Centre's Ms Emma Golledge said, “The issue of costs in human rights matters is a key access to justice issue for many of our clients. Even the strongest discrimination cases can lose in court on technical points.

"We look forward to continuing to advocate through this review process for the best costs model. Australia must get this costs issue right so that women who experience sexual harassment at work are not afraid to litigate matters and hold perpetrators to account.”

www.clcs.org.au

www.wlsnsw.org.au

www.unsw.edu.au

 

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