Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | Hansard source

With respect to Greens amendment (2) the government does not support that amendment. It is our view that it is not necessary to add a specific function for the Parliamentary Joint Committee on Law Enforcement to review the exercise of the emergency entry powers proposed in the bill. To do so would be in our view inconsistent as the bill does not give the committee functions in relation to other specific powers. It confers a more general function of monitoring and reviewing the AFP and ACC in the performance of their functions which could include the use of any relevant powers. It is also open for parliament to refer any matter specifically to the committee for inquiry.

With respect to amendments (3) and (4) the government does not support those amendments. The minister can be asked by the committee to determine if information that the Australian Crime Commission or the Australian Federal Police has declined to provide to the committee is sensitive information and if so whether the public interest in providing it to the committee is outweighed by the prejudicial consequences. The bill currently provides that a minister is not required to disclose his or her reasons for making a determination. However, the minister does have discretion to provide reasons to the committee. The amendments as proposed would require the minister to include reasons for making his or her decision in a determination but would not be required to provide information that would disclose the content of the sensitive information. Given that the purpose of not requiring the minister to provide reasons was directed at protecting information that could disclose the content of sensitive information, the amendment as proposed would not add much to the existing provision. Finally, you asked a question about the COAG review. I am advised that it is due to commence in December 2010 and report within six months of that date. I am advised that it is on track, as expected, and that that time frame should be delivered.