Senate debates

Wednesday, 23 March 2011

Civil Dispute Resolution Bill 2010

In Committee

6:24 pm

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

by leave—Yes, Madam Temporary Chairman. I thank you and Senator Brandis for your cooperation. I move:

(2)    Clause 14, page 8 (lines 1 to 3), to be opposed.

(3)    Page 11 (before line 3), before clause 18, insert:

17A  Act does not exclude or limit law relating to disclosure of information, etc.

                 To avoid doubt, this Act does not exclude or limit the operation of a law of the Commonwealth, a law of a State or Territory, or the common law (including the rules of equity), relating to the use or disclosure of information, the production of documents or the admissibility of evidence.

I understand the opposition will be supporting these amendments so I will not delay the chamber unduly. I appreciate that support. The amendments respond to the committee’s third recommendation, although they probably do not go as far as the committee recommended. As I say, we think these amendments improve the bill and we agree with the committee and the organisations that made submissions to it that the bill should not diminish any existing provisions or rules that may protect communications made in an attempt to resolve a dispute. Amending the bill to make this explicit is appropriate.

I thank the opposition for its support for these two amendments that will improve the bill. I indicate that I should have earlier tabled the supplementary explanatory memorandum relating to the government’s amendments to be moved to this bill. I think the memorandum was circulated in the chamber but I have not formally tabled it, so I do so now.

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