Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

As noted by the Scrutiny of Bills Committee, there is a question as to whether this bill, as it currently stands, may trespass on an individual's or an entity's right to a fair hearing, because of the amendments that it makes to the relevant legislation relating to the Administrative Appeals Tribunal. As I said in my first contribution to this debate, when combined with the so-called Henry VIII clause within this bill, these two aspects of this legislation take something which would otherwise be seen as purely administrative and they put up some pretty significant red flags. I'm speaking particularly to the ALP when I'm thinking here that there have been a few times during the course of my time here when I've been genuinely moved and motivated by a speech made by a member of this place. One of those times, however, was the speech made by Senator Carr in the previous sitting in relation to the absolutely urgent need that this house of review, this chamber of review, reassert its prerogative to review actions and decisions made by the government, under legislation, and that it in no way volunteer the opportunity for that power to be taken away unless there's a good reason made for it.

It's our view in the Greens that a good enough reason has not been made for the inclusion of the so-called Henry VIII clause here. And, additionally, there has been nowhere near the compelling case made to remove relevant decisions from the purview of the AAT. The amendment offered by the Greens this evening addresses these flaws in the legislation, and I commend it to the Senate on that basis.