Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Hansard source

I will just respond to some of the points Senator Moore raised. I never doubt that Senator Moore has full confidence in every statement she makes to this chamber, but I am not sure that the opposition is in a position to speak on behalf of the courts in relation to what they may or may not take into account. Tempting as it may be to rely on senators to speak on behalf of courts, it is probably something that would not broadly sit well with the chamber. I will just make that point.

In relation to a payment scheme versus representative action, I also think it is important for colleagues to know that the BSWAT payment scheme is based on the circumstances of an individual. How many years they were employed and what they were paid is taken into account. In the Maurice Blackburn litigation, the choices that are taken along the path of the litigation are made by the lead applicant. Let me repeat that: the choices that are made along the path of the Maurice Blackburn litigation are made by the lead applicant.

Also, we do not know what form the model of any payment arrangements that may ensue from court decisions may take. We do not know if the decision may be to pay the same amount for every employee regardless of circumstances or whether in some way the payment will be tailored for the circumstances of the individual. That is something we do not know. But what we do know is that the BSWAT payment scheme will be tailored to the individual circumstances of each supported employee. The lead applicant in the Maurice Blackburn representative action makes the calls on the key decisions along the way. We do not know what the model will be if the representative action is successful. We do not know whether it will be the same amount for everyone regardless of their circumstances or if it will be tailored.

That is why I keep emphasising that the BSWAT payment scheme provides certainty for individuals. They know that their particular circumstances will be taken into account. They know that they will get a definite amount of money. They know that their legal advice and financial advice will be paid for by the Commonwealth. I know for absolute certain that if this legislation does not pass then there will be an option that is denied. Again, I struggle with the contention that presenting an option which does not presently exist is in some way denying choice. No, it is giving an option that does not exist currently.