Jan McLucas (Queensland, Australian Labor Party, Shadow Minister for Aged Care, Disabilities and Carers) Share this | Hansard source

I indicate that the Labor Party again will be supporting this amendment. The reasons for doing so are twofold—there was originally one reason until Senator Santoro made an earlier comment. When we establish organisations, we put in place structures that reflect the principles that underlie them. If we want a situation where the council of the NHMRC can feel confident about making representations to the minister directly, as a council not as individuals, then we will put that in the legislation. It will be clear. It is probably something that will never be used but it underlines the respect that the legislation affords the council. The opportunity afforded by this amendment cements that. It gives the council a level of respect that says, ‘Your technical advice will be respected irrespective of whether you are in a situation where the CEO does not want to pass that on to the minister.’ That is the intent of this amendment. It says very clearly to the council that their advice will always be respected irrespective of whether there would be potential conflict between the CEO and the council. I do not foresee from recent experience or in the future that this amendment would have to be used, but it is there to protect the independence of the council and to say to the council: ‘We respect the advice that you would want to bring to the minister.’

Senator Santoro, in his response to Senator Allison, said that it does not stop any council member making representations to the minister and giving them their advice. I put to Senator Santoro that that is the sort of adhocery that you said would occur if this amendment would proceed. We do not want that sort of adhocery. We do not want a situation that encourages members of the council to get on the telephone and make direct representations because they do not feel that their expertise and their advice is being respected. I put it to you, Senator Santoro, that adoption of this amendment would put in place a system that avoids the adhocery that you suggested would not be desirable.