Senate debates

Thursday, 19 September 2024

Bills

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

1:14 pm

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

I would actually like to ask some further questions before putting the next amendment, if I could. In particular, I'd like to ask the minister some questions in relation to an issue around accrued jurisdiction. Just to give a heads up to the advisers who are at the table, this was in relation to an issue which was raised during the committee stage. The new cost regime starts with a subsection that reads as follows—to provide some context in particular to the advisers, because I know the minister didn't have the benefit of participating in the committee process. This is what it says:

This section applies to proceedings (including an appeal) in a court that relate to an application made by a person—

I want to emphasise that phrase—'that relate to an application made by a person'—

(the applicant) under section 46PO in respect of one or more respondents to a terminated complaint.

For those listening—this is a bit technical, unfortunately, but it needs to be asked—section 46PO is just the gateway into the courts from the Human Rights Commission. Once you've made your complaint in the commission, if you want to litigate in the Federal Court, an application under section 46PO is how you actually do it. My question is this, again, for the benefit of the advisers assisting the minister: what does that phrase, 'proceedings that relate to, in section 46PO', mean?

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