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

1:57 pm

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

I'll firstly comment on my remarks in relation to Senator Paterson's comments. I wasn't seeking to stop or prevent him from raising a particular issue, I just note that normally in the committee stage we work together by allowing a question to be asked and then answered. We give everyone a fair shot. I know that it's not the usual process for a government backbencher to appear in the committee stage—normally that's a signal of filibustering. I wasn't in any way seeking to fetter him from making a contribution; it was just about the orderly manner in which we normally conduct this process.

I note that there's very little time here, so I'll just foreshadow to the minister that I have a concern in relation to the lack of judicial review in respect of this bill. I note that judicial review is prohibited through the consequential bill in respect of the Administrative Decisions (Judicial Review) Act, which of course can't restrict a constitutional writ being brought against the minister. When we reconvene after question time, I'll be interested in understanding the different thresholds associated with a constitutional writ appeal versus an appeal under the Administrative Decisions (Judicial Review) Act.

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