Andrew Bartlett (Queensland, Australian Democrats) Share this | Hansard source

I shall now go back to the standard operating procedure of moving a whole bunch of other amendments which the minister will no doubt cursorily dismiss as being unnecessary. I seek leave to move Democrat amendments (32), (33), (34) and (36) on sheet 5192 together.

Leave granted.

I move:

(32)  Schedule 2, item 53, page 42 (line 7), at the end of subsection 136GC(2), add:

   ; and (c)    the applicant has consented to the review being conducted.

(33)  Schedule 2, item 53, page 44 (line 17), omit “may provide”, substitute “must obtain the consent of a party before providing”.

(34)  Schedule 2, item 57, page 46 (lines 8 to 10), omit subsection 138B(3).

(36)  Schedule 2, item 67, page 50 (line 18), after “must”, insert “, if the parties have consented,”.

Amendment (32) seeks to amend item 53, schedule 2 of the bill to implement provisions providing reviews that require the consent of the applicant. Amendment (33) seeks to amend the same item, implementing provisions which provide that review reports should only be provided to the Federal Court and non-participating parties with the consent of the participating parties. Amendment (34) provides that an inquiry should not be requested prior to a general referral to mediation. Amendment (36) specifies that inquiry reports and determinations should not be provided to the Federal Court without the consent of the parties. I note for the record that amendment (35), which has just been agreed to, amends item 62, schedule 2 of the bill to implement provisions that specify that inquiry hearings should not be public unless the parties consent to it. The other amendments I have moved are equally wise and desirable but the minister might not agree.