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

As Senator Cash revealed, where the bill sets out a number of factors which the commissioner may consider when determining whether to hold a public hearing, the government does not consider that it is necessary or appropriate to require the commissioner to consider each of those factors listed in all cases. The commissioner will have the discretion to determine which factors are relevant to the question of whether it would be in the public interest to hold a public hearing and whether exceptional circumstances exist in the context of a specific investigation. Under the bill, the commissioner will be required to be a former state or Federal Court judge or an experienced legal practitioner. As such, they could be expected to bring extensive legal expertise in determining whether the requirements for a public hearing are met. There is limited value in mandating a consideration of a particular issue in circumstances where it would not be a relevant factor.