Senate debates

Tuesday, 20 June 2023

Bills

Migration Amendment (Giving Documents and Other Measures) Bill 2023; In Committee

7:13 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

The introduction of a substantial compliance framework for notifications under the Migration Act will give greater certainty for visa holders and applicants, as well as the department's decision-makers, in relation to giving visa related notices. Specifically, the amendments will ensure notifications given in relation to all visa related decisions and associated actions will remain valid in spite of a potential defect in either the content of the document or in the way it is given, providing the defect does not cause substantial prejudice to the person's legal rights. Importantly, these changes ensure that people who receive visa notifications, including relevant information about any natural justice or review rights, will not be substantially disadvantaged. These changes provide greater certainty that notifications relied upon are valid and that a person's legal rights are upheld.

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