Philip Ruddock (Berowra, Liberal Party, Attorney-General) Share this | Hansard source

I will just say on this matter that I wanted to ensure that all of the information was available. I answered the question that was raised during the debate so that that information was clearly before the chamber. I must say that it was not a matter known to me before today. It may have been known to my colleague, but it was not known to me.

On the point that is being made, there is an expectation that reasons will be given, but the introduction into the legislation of the potential for a further claim to be made that the reasons did not adequately canvass issues on timing would leave us exposed to another round of technical arguments. Nevertheless, I would expect—and I believe my colleague will give some consideration as to how this is brought to the attention of the board—that these issues—requiring people to try to ensure that the reasons are recorded as early as possible and preferably before a final decision is taken, and the need for some explanation as to why it has not occurred—will be outlined for the examiners to consider. In considering the suggestion that there might be a legal requirement introduced, the government’s view was that it was likely to leave the whole system further exposed to arguments about whether or not it was adequately done and issues of that sort, which I think, in the public’s mind, would be seen as technical arguments that lead to failure in matters where there would otherwise be substantial evidence that would secure a prosecution.

Bill agreed to.

Ordered that this bill be reported to the House without amendment.

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