Christine Milne (Tasmania, Australian Greens) Share this | Hansard source

Given the concern that we pointed out about the legality of the special measure and that to secure adequate advancement of the beneficiaries there has to be proper consultation as a requirement of determining this advancement—as the Human Rights Commission has noted—it clearly cannot be seen to be meeting the requirements of a special measure. Has the government obtained any legal opinion as to whether the government is now going to be open to legal action by affected people and communities because this does not meet the criteria for special measures? Since the sole purpose of securing the advancement of a group is that it can enjoy human rights which are equal with others, and given that the intervention and now this so-called stronger futures legislation does not do that, I am interested to know whether you have had a legal eye cast over it for any vulnerabilities to legal action.