Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Attorney-General, Senator Brandis. I refer to the decisions of the High Court of 20 June 2014, which found a determination to limit the number of persons who may be granted a protection visa each year made by the Minister for Immigration and Border Protection was unlawful. Is it the policy of the Australian government that ministers should make administrative decisions in accordance with the law?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Yes, Senator, it is.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

We would have loved a few of those short answers earlier in the week.

John Hogg (President) Share this | Link to this | Hansard source

Order! Just ask the question.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I refer to Mr Morrison's statement that the High Court decision was not unexpected and contingencies have been put in place to deal with the next phase. Did the minister for immigration consult with the Attorney-General on these contingencies? And can the Attorney-General outline whether these contingencies, if there were some, will be lawful and comply with the orders of the High Court?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

All decisions that this government makes will comply with orders of the High Court and all other relevant courts.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Is the immigration minister right when he said following the judgement that the government policy has not changed? How can government policy not change when the High Court says it is unlawful?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

My understanding is that the High Court's decision was not directed to the policy itself. There is an important distinction, Senator. Of course, what Mr Morrison said was both right and lawful and consistent with the High Court's decision.