Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

Yes, thank you. So you have confirmed that it allows for a review based on the legality of the decision. I understand that but that is not my question. Does it provide for a review based on the merits of the minister's decision? Yes or no, Minister? Yes or no? You keep getting up and saying that it provides for a review based on the legality of the decision. There is no question in my mind and I presume in the minds of any other senator about that. The question in my mind is: do those provisions in section 75(v) of the Constitution and/or section 39B of the Judiciary Act provide for an appeal against the minister's decision based on the merits of the minister's decision, as opposed to the legality of the minister's decision? Could you please just say yes or no to that question?