Murray Watt (Queensland, Australian Labor Party, Shadow Minister for Northern Australia) Share this | Hansard source

The opposition opposes item 64 in schedule 1 in the following terms:

(1) Schedule 1, item 64, page 21 (lines 7 to 14), to be opposed.

In its current form, the bill would confer the same protections and immunities on Immigration Assessment Authority reviewers as are currently conferred on High Court judges and members of the AAT. In Labor's view this proposal is misconceived. It is wrong, and this amendment would remove that aspect of the bill.

Reviewers of the Immigration Assessment Authority should not be treated the same way as judges or AAT members for the simple reason that they are not required to act like judges or AAT members. For example, unlike AAT members, reviewers of the Immigration Assessment Authority do not have to take an oath of office, do not have to have special skills or knowledge, do not have terms fixed in advance and are not statutorily required to disclose conflicts of interest. Unlike AAT members, Immigration Assessment Authority reviewers are also not required to afford procedural fairness to applicants.

I understand the government will be supporting this amendment. On behalf of the shadow Attorney-General, I'd like to thank the Attorney-General and her office for her constructive engagement and for agreeing to remove this aspect of the bill. I commend this amendment to the Senate.