Simon Birmingham (SA, Liberal Party, Parliamentary Secretary to the Minister for the Environment) Share this | Hansard source

Thank you, Senator Xenophon; I have asked to get the exact number you have requested. I am advised it is a small number of negative determinations in relation to the fit and proper person test, but we will try to get you the specific details. The process, under the existing terms in relation to applicants and as it is proposed in this bill in relation to consultants, is that if there are concerns the Austrade CEO may seek information from the applicant or, under this bill, from the consultant. The historical information I have been provided with is that the length of time it takes to make a final determination, where there is some question or examination of these issues, ranges from weeks to months; that there are not instances of that being a matter that goes on for years; and, in this regard, that the length of time it takes for an applicant to provide information when requested also has some impact—so, clearly, it is not just a case of how long it takes Austrade to fulfil its end of the bargain. If Austrade requests information from an applicant as a result of a query about their status as a fit and proper person, then of course it is up to that applicant as to how long it takes them to provide that information. But, in the relatively small number of instances where this provision has come into play in relation to applicants, I am advised that it is a matter of weeks or months.

I understand your constraints in relation to examples or information being provided to you on a confidential basis, Senator Xenophon, but I think it is important to acknowledge that, if somebody has been found under the existing arrangements not to be a fit and proper person as an applicant for a grant, then obviously their application would be put on hold. That is the nature of these provisions. So when you ask what happens to a file or whether a file is active or otherwise, clearly, if somebody is found not to be a fit and proper person, it is the very intent of these provisions that that person then does not receive a grant under the scheme. If the person continued to dispute that over a long period of time, I can see how some matters might continue over a longer period of time. Of course, they have the administrative and judicial appeals processes that I outlined available to them to seek recourse and rectification if they believe that the Austrade CEO has made a wrongful determination.