Nick Xenophon (SA, Independent) Share this | Hansard source

At least that is something. We do not know what the form and terms of reference will be. We do not know what the funding will be. We do not know who will be doing it. We do not know when it will necessarily report, but there will be a review in three years time. I guess that is better than a kick in the head—

Senator Joyce interjecting—

'Not much better', says Senator Joyce. Look, I think it is pleasing that the minister acknowledges that there is a need to review this. I will look forward to that review, if I am around the place in three years time—I may not be. But, wherever I will be, I will look forward with interest to see what the references will be. I think at this stage I should put myself out of my misery and move the amendments standing in my name. I have already explained the terms of those amendments in the second reading stage of this bill. I seek leave to move the amendments together, given that I know which way the weight of numbers is, but I am looking forward to the Greens at least announcing their position in relation to this.

Leave granted.

I move amendments Nos 1 and 2 on sheet 7234 together:

(1) Clause 2, page 2 (table item 1), omit "3", substitute "4".

(2) Page 2, after clause 3 (after line 11), insert:

4 Review of amendments

  (1) At the end of the period of 3 years after Schedule 1 to this Act commences, the Minister must cause an independent review to be undertaken of the amendments made by that Schedule.

  (2) The review must, at a minimum, consider the following:

     (a) whether the amounts mentioned in sections 31 and 41C of the Civil Aviation (Carriers' Liability) Act 1959, as amended by Schedule 1 to this Act, should be indexed;

     (b) what effects subsection 10(1A) of the Damage by Aircraft Act 1999, as inserted by Schedule 1 to this Act, has had on the travelling public.

  (3) The persons undertaking the review must give the Minister a written report of the review within 6 months after the end of the 3 year period.

  (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after he or she receives the report.

  (5) In this section:

  independent review means a review undertaken by at least 3 persons who:

     (a) in the Minister's opinion possess appropriate qualifications to undertake the review; and

     (b) include a person who has substantial experience or knowledge in insurance matters.

Question negatived.

For the record, can I indicate that the Australian Greens did support these amendments. Finally, can I indicate that I will not be supporting this bill because this bill actually takes away common law rights to domestic passengers for any claims of mental injury. The promises of a review in three years time, while they ameliorate some concerns, I think are simply too vague at this stage to give me comfort in terms of what I was trying to achieve. But having said that, I am grateful for the discussions I have had with staff from the minister's office and from the department in relation to this bill.

Bill agreed to.

Bill reported without amendments; report adopted.