Rex Patrick (SA, Independent) Share this | Hansard source

I just want to make a very short contribution to make sure the Senate understands that the amendment that was passed last time does not seek to enable judicial review on the merits of the minister's decision, not as to whether or not he or she has made an erroneous decision on the balance of national security. It's about the housekeeping associated with any decisions. The grounds for seeking review under the Administrative Decisions (Judicial Review) Act include 'that procedures that were required by law to be observed in connection with the making of the decision were not observed' and 'that the person who purported to make the decision did not have jurisdiction to make the decision'. Another ground might be 'that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made'. These are the sorts of things that this amendment seeks to ensure. It doesn't seek to question the minister's judgement on the balance of national security. It simply seeks to ask: When the decision was made, were all the right things done? Was it the right person? Did they have at least some evidence before them, as opposed to making a decision without evidence? That's all this amendment seeks to do. It's very reasonable, and I will also join with the Labor Party in insisting on the amendment.