Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I know that this is a point you've raised throughout the consideration of this legislation, Senator Shoebridge. I've heard you raise it several times in the media, as well.

As we have said on numerous occasions, we don't believe that it is useful to narrow the commission's discretion by explaining for the commission what 'exceptional circumstances' constitutes. What this all gets back to is the ability under the legislation for the commission to hold public hearings in exceptional circumstances. As I said earlier in response to a question—I think from Senator Cash—we have deliberately taken the position in constructing this legislation that the commission should have independence from the government to make its own decisions about what it investigates, who it investigates, the time frame of an investigation and whether it holds public hearings or not in exceptional circumstances. So I'm not going to give examples of what those exceptional circumstances might be, because I don't want to unreasonably constrain the independence of the commission.