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

Senator Xenophon, I appreciate the genuine concerns you bring to the chamber and the way in which you have put them in this debate. I will be happy to ask Austrade, through the minister for trade, to provide some information to you in relation to the history of determinations that applicants are not fit and proper persons. There are, of course, only 11 such instances, as we have discussed during this debate. I do not know that we will be able to provide a detailed history for all 11, given that they go back a decade. I will be very happy to make sure that information is made available to you in relation to those decisions taken over the last few years—the one in the 2013-14 financial year and the four in the 2012-13 financial year—as well as any other information that Austrade are able to provide about the time line for those determinations.

I would also ask, if you wish, that a private briefing with Austrade be facilitated for you. Obviously, it would seem that you have an aggrieved constituent or two in relation to some matters. Within proper handling of matters of confidentiality that go to people's business dealings and the like I would be more than happy to encourage Austrade to provide you with a private briefing and discussion in which you might be able to get to the bottom of some of those individual instances and concerns that you have raised during this debate.

In relation to the issue you have raised of whether information that may be requested by the CEO of Austrade under proposed section 79A(2) regarding information requested that an applicant could not reasonably be expected to provide, one would expect that the applicant would be able to make that clear to the CEO of Austrade and make clear the reasons why such information could not be provided. I would trust that the CEO of Austrade would take into consideration in their final determination that, clearly, it is unreasonable to expect somebody to provide something that cannot be provided if it is held by other government agencies, for example, or subject to other matters that require it to be kept private or confidential for some legal or other reason. I would, again, want to provide assurance that it is certainly the government's intention in relation to this legislation before us that the CEO would not be using that provision as a capacity to block people from participating and working as consultants by virtue of the CEO making unreasonable requests or demands for information that, obviously, people would be unable to provide.

It is important to note in the legislation that, yes, the CEO can take into consideration a failure to provide information in making a determination that somebody is not a fit and proper person, but the simple failure to provide information does not automatically result in somebody's determination as a fit and proper person. So, were a request made, and for legitimate and reasonable grounds the person came back and said, 'I can't provide this information, but I can provide other information that might address this,' then there would be no reason why that could not lead to a satisfactory resolution of any complaint within the matter.

As I flagged before we will attempt to come back to you in relation to your request for a more detailed breakdown on the history of determinations that have been made in relation to applicants and the time lines, in particular, for resolution of those matters, whether there have been any appeals and whether there are any that are pending or outstanding. Indeed, we are happy to make sure that that information is provided to you. As well, the offer is there, if you wish, for us to facilitate a personal briefing where you can raise, direct with Austrade, any confidential grievances that individuals may have.