Andrew Murray (WA, Australian Democrats) Share this | Hansard source

In the spirit of levity, I declare that I do not have an interest in Medibank Private. I do have private health insurance and I do support the private health insurance industry, as well as the public health system. I move Democrat amendment (1) on sheet 5135 revised:

(1)    Page 3 (after line 9), after clause 4, insert:

5 Repeal

I am dealing with the amendments on sheet 5135 separately because they all attend to different aspects. This first item essentially gives the bill a time period by which the sale has to have occurred, which is by 2012, otherwise the bill is repealed. The amendment has been moved as a result of a query by the Senate Scrutiny of Bills Committee in its 11th report of 2006, published on 29 November. The committee had raised the issue of its concern with provisions that do not commence until an uncertain event occurs—in other words, the bill was open ended as to how long its provisions lasted. The committee said:

Such provisions make it difficult for readers to determine whether the provisions in question have commenced. The Committee prefers to see a time limit imposed on such provisions and seeks the Minister’s advice whether some appropriate time frame might be applied in this case.

The committee judged that problem to be in breach of principle 1(a)(i) of the committee’s terms of reference which refers to personal rights and liberties. This is a very longstanding principle of the Senate Scrutiny of Bills Committee and in my experience it is mostly strongly supported by the Senate. The minister gave a considered response and the committee thanked the minister for the response. Then it said:

The long-standing position of the Committee is that it is properly the role of the Parliament to determine the date upon which legislation ought to commence. Where it is not possible to specify a particular date, the Committee considers that the Parliament should set a defined period of time during which legislation might commence …

Provisions such as the one contained in this Act remove that role from the Parliament and place it in the hands of the Executive … The terms of reference for the Committee require that it report such diminution in Parliamentary oversight to the—

attention of the—

Senate.

I have taken note of what the committee has had to say. I think that if you, Minister, and your government have not sold Medibank Private and wrapped up all the details by 2012 then you do not deserve to have sold it. I have given you a long time in which to do it and I have said that that will be sufficient time. Hopefully, you will have the wisdom to recognise the validity of my arguments and support me.