Senate debates

Tuesday, 1 December 2020

Bills

Australia's Foreign Relations (State and Territory Arrangements) Bill 2020, Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020; In Committee

6:47 pm

Photo of Rex PatrickRex Patrick (SA, Independent) Share this | Hansard source

Thank you. That was quite helpful. I will try and digest that. I don't have the advantage of being a lawyer.

Senator Wong interjecting—

Senator Wong, I will come back to it, because I note that your amendment deals with that. With those mechanisms you've talked about under the Judicial Act and the Constitution, the normal process in any judicial review is to often look at reasons. So, even in those circumstances where someone wants to make an application to the court, are they not fettered by the fact that they are not privy to the reasons that you've made the decision? You might want to seek leave in the High Court, for example, and you would have to at least state an argument, and you would be completely blind to those reasonings. I'm wondering how, in effect, you are able to make an appeal to those particular avenues without an understanding of the reasons in respect of the way you've made the decision.

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