Michael Ronaldson (Victoria, Liberal Party, Minister for Veterans’ Affairs) Share this | Hansard source

I would not have thought the amendments would have required much discussion if you supported the bill, which you do. I thank the opposition for its support. There is the discretion to investigate. ACMA have the discretion to investigate a complaint if ACMA considers there is merit in doing so. My understanding is that this discretion is consistent with other Commonwealth regulators. The overriding consideration for ACMA when exercising its proposed discretion will be public interest, having regard to general administrative law principles and the objects set out in the legislation.

From these notes I have just had a quick look at, I do note that the decision not to investigate a complaint could be referred to the Commonwealth Ombudsman for investigation. In some circumstances, it might also be subject to judicial review. These provide important accountability mechanisms for ACMA when exercising its discretion. Providing ACMA with appropriate discretion will mean that service providers and ACMA will no longer need to devote time and resources to complaints that ACMA considers to be minor or trivial or which can be resolved without a formal investigation process.

I am acutely aware of Senator Xenophon's longstanding interest in this area. But my very strong view and the government's very strong view is that the decision about whether there is merit in investigating these complaints should be made by ACMA. There are other means of appeal if people are aggrieved by ACMA's decision. But I think this will make for a more seamless approach by ACMA. Indeed, it will enable them to get on with the real issues and not deal with trivial matters, as they are required to under the legislation.