Concetta Fierravanti-Wells (NSW, Liberal Party, Parliamentary Secretary to the Minister for Social Services) Share this | Hansard source

The bill provides that the parties to the proceedings are the copyright owner, the carriage service provider and the person who operates the online location if, but only if, that person makes an application to be joined as a party to proceedings. There is no justification for creating a right for any individual to be joined in the proceedings. First, this could result in a flood of applications that have little prospect of success and which unreasonably use up court time and resources. Second, the Federal Court has shown in cases such as the Dallas Buyers Club case that it is perfectly capable of balancing competing public interest, including those of consumers. Under the bill, the court may take public interest considerations into account under proposed subsection (5). These are the impact on any person or class of persons likely to be affected by the grant of the injunction and whether it is in the public interest to disable access to the online location. Given that there are sufficient safeguards which ensure that the interest of particular individuals such as consumers can be taken into account, it is not necessary for a specific amendment to be included. Further, the bill enables the government to prescribe a person who may apply for an order to limit, vary or rescind an injunction, and this could include agencies such as the Australian Competition and Consumer Commission or the Australian Communications and Media Authority. These agencies are well placed to be able to assist the court in identifying public interest considerations, including those that affect online consumers. Further, if it is apparent in the future that another particular group's interests need to be represented, the government will consider whether they should be prescribed.