Rachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Australian Greens amendments (1) to (3) on sheet 8733:

(1) Schedule 1, item 9, page 5 (line 9), omit "an offence", substitute "a serious offence".

(2) Schedule 1, item 9, page 5 (after line 19), after subsection 124PHB(3), insert:

(3A) For the purposes of subparagraph 124PHB(3) (a) (ii), a serious offence means an offence where:

(a) the offence:

  (i) involves violence against a person; or

  (ii) is a serious drug offence; or

  (iii) involves serious damage to property; and

(b) the offence is punishable by:

  (i) imprisonment for life; or

  (ii) imprisonment for a fixed term of not less than 3 years; or

  (iii) imprisonment for a maximum term of not less than 3 years.

(3) Schedule 1, item 9, page 6 (lines 1 to 6), omit subsection 124PHB(8), substitute:

Reconsideration of Secretary ' s determination

(8) If a health or community worker:

(a) has a direct professional relationship with a person who is the subject of a determination under subsection (3); and

(b) considers that it is necessary for the person to be a trial participant for medical or safety reasons;

the worker may request the Secretary to reconsider the determination.

These relate to the issues that I raised in my speech on the second reading and in some of the questions I was asking around 'serious offence'—the offence provision and the exit criteria—to add 'serious' in front of 'offence', so that it's a serious offence that is taken into account. The other one relates to the relationship with a health and community worker. I did ask some questions about that in the chamber, where the minister articulated that there will be notes in the guidance around this issue to clarify that they will have to have a professional relationship. We think it is better off in the legislation. I appreciate that the minister made a commitment to do that, and on the form, but I do think that it's better off in the legislation. So that is what that particular amendment is about. I commend the amendment to the chamber.