Rex Patrick (SA, Nick Xenophon Team) Share this | Hansard source

I've had a quick look at the minister's response to the OPD and I will express a preliminarily view. But, before I express that view, I want to make it clear that there is no constitutional impediment to this chamber making an inquiry into the administration of the courts. We must of course respect the need to steer clear of matters related to legal proceedings, but the issue of appropriate resourcing for the courts is fairly and squarely within the purview of this chamber. The letter tabled seems to make a claim that does not fit within the accepted public interest immunity claims—and I refer the Senate to pages 662 and 667 of Odgersbut it does fall within the grounds that are not accepted by the Senate, again on pages 667 and 669. I will look at this letter, consider it and come back to the chamber in due course, but I do want to state that it is for the Senate to accept or not accept a public interest immunity. If it does not accept it then it can use its powers to enforce the order. This may become a test for both the government and the Senate in this instance.