Senate debates

Tuesday, 11 February 2025

Bills

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024; In Committee

12:34 pm

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

Hopefully we will have that opportunity. We definitely look forward to that opportunity, unless the government calls an election before then. Again, we are hearing anodyne answers in relation to the need for this amendment to be made.

The minister has referred us to estimates to ask questions in relation to Services Australia, but the fact of the matter is that this amendment bill is now in committee. We can't wait until estimates; the senators are going to have to vote on this bill. Now is the time to be given answers. Again I'll try and provide some assistance to the minister. I can understand why the minister doesn't want to go into this territory—it is terribly embarrassing. It's more than embarrassing; it has actually put Australians, particularly in child support cases, potentially in harm's way.

Let me explain. One of the issues has been raised with us by multiple sources across government. This isn't the opposition making this stuff up; this has actually been raised with us by those public servants in government who have been trying to deal with this issue because of this rushed legislation. The new requirement, as this act currently stands—which you're seeking now to amend—adds an incredibly intensive process of reviewing thousands of documents and applying redactions, to protect from family and domestic violence risk people in vulnerable positions. Those documents then have to be sent out to the parties because their matter's before the ART and section 25 didn't adequately deal with this issue when it was rushed through.

In about 40 per cent of child support cases, where there is no family and domestic violence indicator on the file, there is now a need to seek a non-disclosure order. In those 40 per cent of cases, because they have gone in front of the ART, and because this legislation was inappropriately drafted in a rush, the public servants who are trying to do their jobs faithfully—they have my respect and sympathy—are now having to go and get an order that they don't have to disclose that material, even though in those 40 per cent of cases there's no indication of family violence. It's an absolutely appalling administrative burden that the department has to bear, and that is because of the inherent risk of either parent reacting adversely to the content of those documents and triggering a family domestic violence incident.

There's a very real concern that Services Australia staff, who will inevitably be dealing with the significant volume in a compressed timeframe, will miss something or make an error and inadvertently trigger a domestic violence event. That's why it has been raised with the opposition. It's an absolute nightmare scenario for those public servants, faithfully trying to deal with this legislation that was rushed through.

The reality is that one of the unintended consequences that was created by your ART legislation being rushed through this place is an increase in family and domestic violence risk, which the public servants in Services Australia are trying to mitigate, under the provisions of this misconstrued provision, before it is amended. And we're trying to fix that through this bill. That's true, isn't it, Minister? That is a key reason why this amendment is being put before this Senate for debate—the impact on the staff in Services Australia with respect to child support cases. Could you admit that, please?

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