Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government's amendments to be moved to this bill. I seek leave to move government amendments (1) to (6) on a sheet ZA212 together.

Leave granted.

I move:

(1) Schedule 9, page 24 (before line 3), before item 3, insert:

3A Section 3

Insert:

Assistant Commissioner means an Assistant Commissioner of the Australian Federal Police.

(2) Schedule 9, item 4, page 27 (after line 3), at the end of section 17B, add:

Suspension decision may only be made by delegate or sub-delegate

(9) A decision under subsection 17B(1) to suspend the protection and assistance provided to a participant under the NWPP (other than such a decision made as a result of a review under section 17C) may only be made by a person to whom the power to make the decision has been delegated, or sub-delegated, under section 25.

(3) Schedule 9, item 4, page 27 (lines 5 to 12), omit subsection 17C(1) (including the note), substitute:

(1) This section applies to a decision under subsection 17B(1) to suspend the protection and assistance provided to a participant under the NWPP (a suspension decision), other than such a decision made as a result of a review under this section.

(4) Schedule 9, item 4, page 27 (line 15), omit "a Deputy", substitute "the".

(5) Schedule 9, item 4, page 27 (lines 16 and 17), omit "the person to whom the application is made", substitute "the Commissioner".

(6) Schedule 9, item 5, page 27 (after line 33), after subsection 25(6), insert:

(7) The Commissioner's powers under section 17C:

(a) may only be delegated to a member of the Australian Federal Police who holds or occupies a designated position; and

(b) may, in relation to a particular decision under subsection 17B(1), be exercised by a delegate only if that delegate holds a rank higher than the rank held by the delegate, or sub-delegate, who made the decision under subsection 17B(1).

(8) Subject to subsection 17B(9) of this Act, sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply in relation to a delegation.

The bill currently provides for the inclusion of a new section 17B in the Witness Protection Act 1994, which allows the AFP commissioner to temporarily suspend the provision of protection and assistance where the participant does or intends to do something that would limit the AFP's ability to provide them with protection and assistance. The government amendments propose minor changes to the bill to ensure that internal merits review is available for all decisions relating to the suspension of protection and assistance under new subsection 17B(1). To achieve this, the government amendments would require that decisions to suspend the provision of protection and assistance under new subsection 17B(1) be made by a delegate or subdelegate of the AFP commissioner, unless the decision is being made as a result of a review under new section 17C. Ensuring these decisions are made by a delegate or subdelegate ensures that there is always a more senior officer available to review all suspension decisions under new subsection 17B(1).

The government amendments will not alter the fact that decisions to suspend protection and assistance in situations where the suspension was requested by the participant will not be reviewable. It is appropriate that merits review does not apply in these situations, as decisions made at the request of the participant are unlikely to have significant adverse impacts on the rights and interests of that person. The government amendments would also insert a definition of 'assistant commissioner' into the Witness Protection Act. The definition would clarify that 'assistant commissioner' is taken to mean an assistant commissioner of the AFP. This is consistent with the definitions for 'commissioner' and 'deputy commissioner' in the Witness Protection Act. I commend the amendments to the Senate.