George Brandis (Queensland, Liberal Party) Share this | Hansard source

which, as you well know, Senator Wong—because unlike Senator Carr you do know a little about this—does not constitute, never constitutes, a determination by the court on the merits. Let us lay this to rest at the start. There has been no determination by any court on the merits of this case. What there has been is a negotiated resolution embodied in a consent order, and the use, as I tried to explain yesterday, of a formulaic expression in the consent order that it be remitted for determination according to law, which is purely a legal formula, does not constitute a decision by a court turning its mind to the merits of the question one way or the other.

Let us go back to the process, because the one thing that Senator Evans and Senator Carr did get right is that this is a question of process. The question on which Senator Ian Campbell stands or falls is the question of proper process. It seems to me that within that question there are three issues. The first issue is this: was the minister bound to follow the initial departmental advice, which it is common ground he did not follow? Plainly, the answer to that question is no, and I will explain why in a moment. The second issue is: was the minister entitled to commission and, having commissioned, to rely upon the study by Biosis Research Pty Ltd? Plainly, the answer to that question is yes. The third issue is: did the findings of the Biosis report support the minister’s conclusion? Plainly, once again, the answer to that question is yes.