Judith Troeth (Victoria, Liberal Party) Share this | Hansard source

I indicate agreement for this amendment. We believe that some of the questions that the independent reviewer may be asking a person are not normally the sorts of questions which may be asked under oath or by affirmation. I am prepared to agree with the Greens amendment.

Question agreed to.

by leave—I move opposition amendments (6) and (9) on sheet 5632:

(6)    Clause 11, page 6 (lines 6 to 15), omit subclause (3).

(9)    Page 6 (after line 19), after clause 11, insert:

11B Annual report

        (1)    The Independent Reviewer must, as soon as practicable after each 30 June, prepare and provide to the Prime Minister a report of the operations of the Independent Reviewer during the year that ended on that 30 June.

        (2)    The Prime Minister must cause a copy of a report provided under subsection (1) to be presented to each House of the Parliament as soon as practicable after the report is presented to the Prime Minister, subject to the Independent Reviewer’s certification that the report should be so presented and to the deletion of any part the publication of which the Independent Reviewer certifies may adversely affect national security or which the Independent Reviewer certifies should not be published on other compelling grounds.

These amendments deal with the annual report and the way in which it is presented to parliament. We believe that it is necessary for the annual report to be made, and that is detailed in these clauses.

Question agreed to.

I move opposition amendment (8) on sheet 5632:

(8)    Page 6 (after line 19), after clause 11, insert:

11A Protection from civil action

        (1)    Neither the Independent Reviewer, nor a person acting on behalf of the Independent Reviewer, is liable to an action or other proceeding for damages for or in relation to any act done or omitted to be done in good faith in performance or purported performance of any function or in exercise or purported exercise of any power conferred on the Independent Reviewer.

        (2)    Where:

             (a)    a complaint has been made to the Independent Reviewer; or

             (b)    a document has been produced, or information or evidence has been given to the Independent Reviewer;

a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the complaint was made, the document was produced or the evidence was given.

This amendment makes certain that the independent reviewer and a person acting on behalf of the independent reviewer will not be liable to an action or other proceeding for damages. It simply protects the person and ensures the complete independence that we wish for.

Question agreed to.