Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs 5 to 8 of standing order 111 not apply to the Social Security and Other Legislation Amendment (Miscellaneous Measures Bill) 2011, allowing it to be considered during this period of sitting.

I table a statement of reasons justifying the need for this bill being considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Statement of Reasons for Introduction and Passage in the 2011 Winter Sittings

Social Security and O ther Legislation Amendment (Miscellaneous Measures) Bill

Purpose of the Bill

The primary purpose of the bill is to provide certainty in relation to prosecutions and previous criminal convictions for social security fraud.

Reasons for Urgency

Introduction and passage of the bill during the 2011 Winter sittings is urgently required to:

(a) mitigate the risk that up to 12,000 previous convictions for social security fraud could be overturned if the High Court decision in relation to the matter of CDPP v Poniatowska (Poniatowska), which is overdue and imminent, is adverse to the Commonwealth, as advised by the Commonwealth Director of Public Prosecutions; and

(b) ensure the certainty of social security fraud prosecutions currently on hold pending the High Court's decision in Poniatowska.