Scott Ludlam (WA, Australian Greens) Share this | Hansard source

I do not propose to prolong this issue too much further, except to indicate that I respectfully disagree with Senator Brandis. Having listened very carefully, you contemplate an amendment which reduces the amount of information available to courts. With the greatest circumspection and respect—and we do certainly agree on that principle—before the circumstance arises which Senator Brandis just sketched for the chamber, the court would have heard a public interest argument as to whether or not that information should have been withheld from the court. That is the essence of our disagreement, while agreeing in principle that you treat with great caution any proposition to curtail the rights of a court to hear whatever evidence it pleases. So I do understand the objection Senator Brandis is raising. I simply believe that before the circumstance he describes for us arises, the court has satisfied itself that there is a strong public interest argument, as the rest of this bill is intended to create, for that information not being produced in court. I thought, in essence, that is the purpose of the bill—that the public interest test is what is important here. I realise that muddies the debate around whether it should be applied to a Facebook comment or to some sketchy blog somewhere out on the internet—and bring us back to the foundation of this bill which is about source protection and the expectation of protected confidence. I have to respectfully disagree with Senator Brandis.

As indicated by the government, I move Greens amendment (1):

(1)    Schedule 1, item 1, page 3 (line 11), omit “work”, substitute “activities”.

Question negatived.

by leave—I move Greens amendments (2) and (3) together:

(2)    Schedule 1, item 1, page 3 (lines 13 and 14), omit “in the normal course of that person’s work”, substitute “is engaged and active in the publication of news”.

(3)    Schedule 1, item 1, page 3 (line 17), omit “a medium”, substitute “any medium”.

Question agreed to.