Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

Just to confirm: Minister, your very clear advice to the Senate—and I'm not talking about the administrative review here; I'm talking about the judicial review, which is in our courts as opposed to in the administration. I'm asking you to once again confirm that the judicial review opportunities that are available, according to the paperwork attached to this bill under section 75(v) of the Constitution and 39B of the Judiciary Act, do provide for a merits review of an appeal based on the merits of the minister's decision. I think we need to be really clear about this, so I hope my question is clear. I'll say it again while I know your advisors are communicating with you. My question is: under the judicial review opportunities available under section 75(v) of the Constitution and section 39B of the Judiciary Act, is it possible under both of those provisions or either of those provisions to ask the courts to review the minister's decision based on the merits of that decision, as opposed to based on the question of whether or not the minister has obeyed the law in making that decision?