Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Hansard source

Labor supports this amendment for the reasons very effectively outlined by Senator Bartlett. It is one of those areas where—I would refer to it as more than opaque, Senator Bartlett—it is impenetrable sometimes how those ministerial decisions are made, particularly in the exercise of section 417 of the Migration Act. Any amendment such that policy guidelines through regulation might help to make that process more transparent will always garner Labor’s support. Exercising ministerial discretion is one area where that particular Senate committee did find that there was a need for greater transparency, as I recollect it. If I am wrong about that then I am sure I will be corrected, but my recollection is that there is a need for greater certainty and transparency in circumstances when the minister exercises a discretion of that nature. Senator Bartlett has sought to put some transparency in that process. I doubt very much that the government will concede to this amendment but it will be interesting to hear their argument as to why they will not.