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

Minister, you refer to alarmist representations being made. Again, I appreciate you haven't been intimately involved in the committee process, but the concern has been raised by the Law Council of Australia with respect to the impact of this new cost regime on small businesses, on non-government organisations, on sporting clubs et cetera. The concern has actually been raised by the Human Rights Commission itself in relation to the impact of this legislation on small businesses, on non-government organisations, potentially on charities et cetera. It doesn't believe that there is sufficient flexibility in this legislation to protect the interests of those organisations that don't have the financial resources of Westpac Banking Corporation or any of the other top 100 companies in the Australian economy. So isn't it the case, Minister, that legitimate concerns of the nature that have been raised by myself in the course of this debate and also by Senator Lambie and foreshadowed through amendments proposed by Senator Pocock have, in fact, been raised by some key stakeholders in relation to this space, stakeholders who engage in these issues on a day-to-day basis at the coalface, including the Human Rights Commission, who do not support the cost regime in this bill, and including the Law Council of Australia, who do not support the cost regime in this bill because they are concerned. They are concerned it doesn't provide adequate discretion to the judges, and they're also concerned it will have an impact on small businesses and charities and other organisations that don't have the capacity of big large corporates, don't have a hundred lawyers in-house and have to defend these claims by themselves. Isn't that right, Minister, that legitimate concerns have been raised by the Law Council of Australia and the Australian Human Rights Commission itself in relation to the cost regime in this bill? Could you confirm that, please, Minister?