Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Hansard source

by leave—I move opposition amendments on sheet 7640 together:

(1)   Schedule 2, item 39, page 46 (lines 14 and 15), omit the item, substitute:

39 Regulation 2.06AA

  Omit "Protection (Class XA) visa" (wherever occurring), substitute "protection visa".

(2)   Schedule 7, item 2, page 110 (line 10), after "visas", insert "(other than protection visas)".

(4)   Schedule 7, item 6, page 110 (line 22), omit "including", substitute "other than".

(6)   Schedule 7, item 16, page 112 (line 3), omit "The", substitute "Subject to subitem (1A), the".

(7)   Schedule 7, item 16, page 112 (after line 8), after subitem (1), insert:

  (1A)   However, the amendments made Part 1 of this Schedule do not prevent a protection visa being granted in relation to an application for a Protection (Class XA) visa made before the commencement of that Part (including such an application that is deemed to be an application for another kind of visa by another provision of this Act).

(8)   Schedule 7, item 16, page 112 (lines 9 to 21), omit subitems (2) to (4).

The opposition also opposes schedule 7 in the following terms:

(3)   Schedule 7, item 4, page 110 (lines 17 and 18), to be opposed.

(5)   Schedule 7, items 13 to 15, page 111 (lines 9 to 14), to be opposed.

Put simply, we are very concerned to ensure that we protect the principle of having protection visa applications dealt with within 90 days. We believe that reporting on the 90-day rule has been an important accountability measure to ensure that the government operates in a timely way in assessing protection applications. At the end of Labor's period in office, about half of all protection applications were decided within 90 days. However, the most recent report, on 1 March 2014 through to 30 June 2014, indicated that only 14 per cent of cases were determined within the 90-day period. Because this government has an obsession with secrecy, we are concerned to ensure that there are accountability mechanisms built into the legislation. So we will oppose any attempt to water down the 90-day rule.

The CHAIRMAN: I need to put this question in two parts. The first part is that the amendments be agreed to.

Question negatived.

The CHAIRMAN: The next question is that items 4 and 13 to 15 of schedule 7 stand as printed.

Question agreed to.

The CHAIRMAN: The question is that the bill, as amended, be agreed to.