House debates

Thursday, 24 November 2022

Bills

National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022; Consideration in Detail

4:24 pm

Photo of Julian LeeserJulian Leeser (Berowra, Liberal Party, Shadow Minister for Indigenous Australians) Share this | Hansard source

I move the amendment circulated in my name:

(1)   Schedule 1, item 2, page 5 (lines 3 to 11), omit the item.

This commission has broad powers and we believe the Administrative Decisions (Judicial Review) Act should be available for all decisions. That position is consistent with the position put by the Law Council in their submissions to the joint committee on these matters. We think that the ADJR Act is particularly useful in that it provides a more streamline process to bring review of decisions.

We acknowledge that there is review under 75(v) of the Constitution and under the Judiciary Act, but we believe the ADJR Act processes provide additional safeguards, particularly as the commission has such broad powers. We know that the ADJR Act applies to large parts of this bill, but we don't agree with the carve outs that've been put in place and that's what our amendment seeks to address.

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