David Shoebridge (NSW, Australian Greens) Share this | Hansard source

SHOEBRIDGE () (): I move Greens amendment (2) on sheet 1714:

(2) Clause 73, page 70 (after line 24), after subclause (2), insert:

(2A) For the purposes of subsection (2), exceptional circumstances include where it is preferrable and appropriate for evidence to be given in public rather than in private.

Given that the previous amendment to remove the exceptional circumstances test has not been accepted by either the government or the opposition, this amendment is designed to provide some certainty as to what 'exceptional circumstances' means and to do it in a way such that it encourages more rather than fewer public hearings. Rather than just a stab in the dark—have a guess, and you're not willing to say anything about what 'exceptional circumstances' means, which is the kind of go-to position from the government—this proposes to clearly say that for the purposes of section 73(2) of the NACC bill exceptional circumstances include where it's preferable and appropriate for evidence to be given in public rather than private. That obviously would be a major step forward for transparency. You get to keep the exceptional circumstances test that the government seems so attached to—the government has such emotional and political attachment to the exceptional circumstances test—and then we get to define it in a way such that it doesn't shut down the NACC.

I want to credit the CPSU in particular for their advocacy in the inquiry that we had, where they suggested this as a solution that might get past the political impasse of insisting on having the exceptional circumstances test. It's with hope that we can move beyond political deadlock, clearly define what exceptional circumstances mean and allow the NACC to do its job, and if it thinks it is in the public interest, and if they think it's preferable and appropriate for evidence to be given in public rather than private they can get on and do it.