Senate debates

Thursday, 19 September 2024

Bills

Australian Human Rights Commission Amendment (Costs Protection) Bill 2023; In Committee

12:49 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

Can I just say this should be a no-brainer? It should be an absolute no-brainer to embed in this legislation a review mechanism, as proposed by Senator Pocock in good faith, so that, if these concerns come to fruition or don't come to fruition, there's an opportunity to have an independent review of the operation of this cost regime to see what the evidence is after this cost regime has been in place for a period of time. The concept of an independent review of the operation of legislation which has been the subject of submissions with numerous stakeholders—in this case, from the Australian Human Rights Commission to small business organisations et cetera—that have raised concerns, should be a no-brainer. It's not controversial. It's one thing for the minister to give an undertaking, but it should actually be in the bill. It shouldn't be dependent upon the actual minister. It should be in the bill, as we include reviews of all sorts of legislation in this place when stakeholders with great credibility have raised concerns about unintended consequences.

I see absolutely no reason why the government couldn't in good faith agree to the introduction of an independent review mechanism in this bill—a review, as Senator Pocock is proposing, to commence no later than two years after the date on which this bill receives royal assent. The operation of this cost regime would have two years, and the persons who conducted the review must give the minister a written report of the review within six months of the commencement of the review. Then that independent review needs to be tabled in this place so all of the senators from all the different parties have an opportunity to review and consider that independent review and the evidence generated by that review process, make comments and consider whether or not this was the right path or there needs to be tweaks. This is a very reasonable amendment, and the coalition certainly supports it.

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