Paul Scarr (Queensland, Liberal Party) Share this | Hansard source

I'm running out. I miss you. I'm on the Scrutiny of Delegated Legislation Committee and your absence is notable. But I would like to talk about the Scrutiny of Delegated Legislation Committee and its most recent report. First I want to compliment Senator White in relation to her chairing of that committee. There were extremely big shoes to fill on that committee. From my experience, Senator Fierravanti-Wells as chair of that committee and Senator Kim Carr as the deputy chair of that committee did outstanding work during the last term of parliament, and I'm so pleased that Senator White, in her chairing of that committee, has continued the non-partisan nature with respect to the conduct of that committee's business.

I want to give one example in the most recent monitor to draw out the importance of the work of that committee, and that is in relation to the questions that have been raised in respect to electronic service of documents under the Bankruptcy Act. As someone who, in my previous life, worked for a period of time in the field of insolvency litigation, I understand the monumental importance with respect to bankruptcy proceedings on everyday Australians. It is so important that the service of bankruptcy notices, creditors petitions et cetera is done in a way which ensures that people aren't caught unawares by those sorts of proceedings. As an example of the great things that this committee does, the committee has drawn attention to the fact, in relation to the electronic service of documents, that it is so important to the rights of individual Australians that they be correctly served. Those sorts of documents can be profoundly life-changing, and it's absolutely crucial that those principles are adhered to.

I would like to say something in respect of the annual report for the 2021 year of the Scrutiny of Delegated Legislation Committee. Some of the most important work that that committee has done is in respect of its inquiry during the course of last year's parliament in regard to the exemption from disallowance procedures of delegated legislation. I have spoken previously about delegated legislation in this place. As the committee has noted in the past, there are tidal waves of this sort of delegated legislation coming through. I think the ratio is about four to one in terms of delegated legislation compared to bills of parliament.

That delegated legislation can have a profound impact on Australians. We saw it during the recent pandemic, in relation to controls with respect to the ability of Australians to leave the country or come back to the country. Because of the impact that that delegated legislation has on the rights of everyday Australians, in my view it is absolutely crucial that in nearly every case—and the exemptions should be extremely narrow—that delegated legislation should be subject to disallowance procedures in this place. That's important for a number of reasons. The first is to make sure that the appropriate scrutiny is applied to the delegated legislation. And, as you know, Madam Acting Deputy President Polley, the way the scrutiny committees work is that typically dialogue is entered into between the committee and the relevant minister. So, invariably, in the vast majority of cases, through the toing and froing of that correspondence—which can take months in some cases—a good result is arrived at for the people of Australia. So, that process is extraordinarily important and leads to an improvement in terms of the laws and instruments that impact everyday Australians.

The second point I want to make is that if you exempt that delegated legislation from oversight by the Senate, oversight by the elected representatives, then who's responsible? Who's responsible for that delegated legislation? From my perspective, I've been elected on behalf of the people of Queensland to represent their interests in this place, and that means I have a responsibility to consider the laws that impact Queenslanders. If a piece of delegated legislation is not subject to a disallowance process, I'm deprived of the opportunity of considering the impact of that delegated legislation upon my constituents in Queensland, and that is unacceptable. It is unacceptable when it comes to legislative instruments, delegated legislation which can have incredible impacts on the lives of everyday Australians and, as we saw during the pandemic, can have an impact on whether or not they can leave the country or come back to the country. It doesn't get more fundamental than that. From my perspective, it is unacceptable that that should not be subject to a disallowance process in this parliament, so that every one of the 76 senators in this place has to discharge their obligation to soberly consider that delegated legislation and whether or not it's in the best interests of their constituents.

That's how this place is meant to work. Yet, over the years—and this isn't party political; this is about both parties of government—there's been a creep towards more and more delegated legislation not being subject to disallowance processes. I do not accept the argument that has previously been put that there are some things that are too important or too sensitive for this place to consider. The more sensitive it is, the greater the impact on people in Queensland and the more important it is that the people's elected representatives should consider the delegated legislation and the impact it's going to have on the lives of their citizens—the more important. I do not accept the notion that I've heard from a number of representatives in the executive of government—the Public Service—that this is something that really is so obvious it shouldn't be going to the Senate and we can't risk this becoming political. And I've heard that said—that we can't risk this becoming political. I'm sorry, but when I see that word, 'political', I interpret it as subject to the scrutiny of the representatives elected by the people. That's what politics is all about. Each and every one of us here in this place is representing the people who elected us. The more sensitive it is, the more appropriate it is that it should come before this Senate so that this Senate can consider whether or not we should apply the disallowance procedures that were available to us.

Lastly, in conclusion, I want to sincerely place on the record my personal thanks to former Senator Fierravanti-Wells and also Kim Carr. I think they gave all of us an outstanding example of the good that can be done when we reach across the chamber and work together in a nonpartisan fashion to improve the laws for the benefit of all Queenslanders. Their cooperation on and their leadership of that committee left a profound imprint upon me. In closing, I'd like to again congratulate Senator Wyatt, as the only continuing member of that committee from the last parliament to this parliament: from my perspective, you're continuing that tradition, and I congratulate you for it.

Question agreed to.