Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

For the benefit of the Senate, I want to briefly read out the relevant passage of the Scrutiny of Bills Committee report in relation to this amendment:

The committee is … concerned about the breadth of each discretion, particularly given that the exercise of the power … appear to have the potential to affect an individual's rights or interests.

I take the point that the finance minister has shared with the Senate this evening that the amendment is in response to the recommendation of the committee. Governments should respond to scrutiny of delegated legislation committee reports. I would say, though, that that functions in this place as a fail-safe, a last bastion of defence against the unintended consequence of badly drafted legislation. It can't be relied upon, by either side of this place when they're in government, to pick this stuff up let alone to ensure that it is actually done.

There is a reason, I would hope, that each side of politics strives to get into government. One reason, surely, is to have the resources of governmental departments at its disposal. You would think those departments would be able to pick this stuff up before a parliamentary scrutiny committee would be able to pick it up.

While it is true that the government is responding to a report, as it should, the very fact that we've come to this space is quite concerning to the Australian Greens. I would join, with the minister, in their criticism of the former government's seemingly systemic inability to effectively consult with relevant affected communities. Being in the disability space, I've experienced a lot of that. However, that's a very low standard against which to judge yourself. I should hope we can raise it just a little bit higher and we can do just a little bit better.

In relation to health policy more broadly, we will have the opportunity, either this evening or tomorrow, to really have the rubber hit the road in relation to consultation. We all know that coming up tomorrow is a bill in relation to the Therapeutic Goods Administration. We all know that right now this place is in the middle of negotiations over the implementation of a long fought for recommendation resulting from the Senate inquiry that considered, among other things, the impact of the transvaginal mesh scandal upon women. The No. 1 recommendation of that report was to have a mandatory framework for reporting of faulty medical devices by medical practitioners. It was supported at the time by the AMA, the RACGP and the Consumer Health Alliance. We will have an opportunity tomorrow to consider an amendment by the Greens to put that recommendation into effect as a product of consultation with the affected community.

We will have an opportunity in that moment to see just where the government's—and indeed the opposition's—priorities lie. Do they lie with ensuring that Australians are never again subjected to the humiliation, the pain of a faulty medical device inserted into them, used upon them, and yet never reported to the relevant authorities? Or will we see this government say: 'That sounds like it'll be a bit too much to ask of medical professionals. Even with a one-year lead-in, I think that'll be a bit too much. I think we might just have to wait, even though it has been however many years since that inquiry reported.'

I am well aware that there are individuals in the AMA who are lobbying this evening against the proposed Greens amendment in this space. I say to them: shame on you. You submitted in support of such a proposal when the inquiry took evidence. To the others in other parts of the health sector who are holding the line tonight: thank you. To those in this chamber keeping an open mind to this amendment: thank you. We keep alive tonight the possibility that this place might put in the work. It might require government departments to do their job and to not just reflectively accept the moaning of peak bodies who don't like having something sprung on them even though this has been waiting in the wings for years.

I agree with the minister. The coalition government was absolutely abysmal when it comes to consulting with community, particularly in health. This is your opportunity to do a bit better. We will see, come tomorrow, whether you take it up.

Question agreed to.

Private Health Insurance Legislation Amendment (Medical Device and Human Tissue Product List and Cost Recovery) Bill 2022, as amended, agreed to; Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Bill 2022 agreed to; Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022 agreed to.

Private Health Insurance Legislation Amendment (Medical Device and Human Tissue Product List and Cost Recovery) Bill 2022 reported with amendments; Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Bill 2022 reported without amendments; Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022 reported without amendments; report adopted.