Andrew Laming (Bowman, Liberal Party, Shadow Parliamentary Secretary for Regional Health Services and Indigenous Health) Share this | Hansard source

I, for one, am happy to be judged on the quality of the questions asked and by our scrutiny of the conduct of the minister, who is refusing to answer these questions. Already, one out of two questions has not been answered, so I focus again on amendment (7), which involves proposed subsections 62(5), (6), (7) and (8). My great concern with 62(5) is that, apart from the obligation upon the performance authority minister to give a copy, invite comments and have regard, after that this legislation and this particular amendment are silent on what occurs next.

In 62(6), I am concerned about the reference to the manager of the network, who, having received a report 15 days prior to its completion indicating that there is poor performance, is not entitled to give any comments on that final draft. I think it is a fair question and the public is entitled to expect an answer as to why it is in the public interest for that not to occur.

We would like a clear understanding of 62(7) and (8), given that over this four-year process these were only released weeks ago. Before completing a report, the performance authority is at liberty to consult with any persons or bodies it considers appropriate, yet, if that report does indicate poor performance, Minister, the performance authority must not consult and is not otherwise obliged to observe any requirements of procedural fairness.

Minister, my third question to you is this: regarding 62(7) and (8), why, in the preparation of a report, is it appropriate for the performance authority to consult with any person or body it wishes but if that report, particularly focused on a local hospital network or a territory hospital, indicates poor performance the performance authority must not consult, having, prior to that report being prepared, been at liberty to consult? I think it is a very important distinction that needs to be clarified in this consideration in detail stage.

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