David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

The government opposes the amendments. With respect to amendment (32), we say that issues such as whether the parties are likely to participate in a review and whether they are likely to accept the assessment provided by the review are likely to be important factors influencing the decision to conduct a review. The government opposes amendments (33), (34) and (36) based upon the commentary I have already given with respect to opposition amendments (24), (25) and (27).

Question negatived.

by leave—I move government amendments (12) and (13) on sheet QW307 together:

(12)  Schedule 2, item 73, page 51 (lines 28 and 29), omit the heading to subsection 190D(6), substitute:

Where all avenues for review of Registrar’s decision exhausted

(13)  Schedule 2, item 73, page 52 (lines 6 to 13), omit paragraph 190D(6)(b), substitute:

             (b)    the Court is satisfied that the avenues for:

                   (i)    the review under this section of the Registrar’s decision; and

                  (ii)    the review of orders made in the determination of an application under this section; and

                 (iii)    the review of the Registrar’s decision under any other law;

                      have all been exhausted without the registration of the claim.

Government amendment (12) is consequential to government amendment (13), which will clarify the circumstances in which the court may consider whether to dismiss an unregistered claim. The intention of the provisions in the bill is to ensure that the court may only consider whether to dismiss an unregistered claim where any review of the registrar’s decision not to register the claim has been completed. This is appropriate to ensure claimants have adequate opportunity to seek a review of the registrar’s decision. However, the provisions in the bill do not address all ways in which the registrar’s decision can be reviewed, nor do they ensure those reviews must be completed before the claim can be dismissed. The government amendment will provide that all avenues of review of the registrar’s decision under law must be exhausted before the court can consider whether to dismiss the claim on the basis that it is unregistered.