Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

Again, Senator Watt, you verbal me. As was stated in the dissenting report, it would be imprudent to underestimate the capacity of any future High Court ingenuity or originality. In relation to the former justices, as stated, again, in the dissenting report, Mr Hayne made similar observations. In other words, former justices Hayne and French agree that if a future High Court decides there is a constitutional duty to consult with the Voice, it would be catastrophic for government. They then went on to say that we should take it on trust that a future court would never do that. That is what was set out in the committee report. Can I then ask: will the government guarantee that a decision whether to make a representation on an issue will not be a decision under an enactment that is reviewable by a court under the Administrative Decisions (Judicial Review) Act?