Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Hansard source

I thank Senator Shoebridge. As I indicated in my second reading speech, the government will not be supporting these amendments. I'll go through our reasoning.

In relation to your first amendment regarding the threshold, we believe that it's appropriate for protection and assistance to be suspended in circumstances where the AFP's ability to provide protection and assistance may be limited. This is because any limitation on the AFP's ability to provide protection and assistance could present a serious risk to both the participant and the AFP and could have serious consequences.

In relation to your amendment that goes to revoking a suspension, new paragraph 17B(3)(a) provides that the duration of a suspension must be reasonable in all circumstances. This provides operational flexibility in determining the duration of the suspension and extending or revoking it as required. This allows for the commissioner or their delegate to take into account specific details of a participant's circumstances—for example, where it is unclear when a participant will return to circumstances that restore the AFP's ability to provide adequate protection and assistance. While a suspension is in place, protection and assistance can still be provided to the benefit of the participant if the commissioner is satisfied that in the circumstances it is necessary and appropriate to do so.

In relation to your amendment regarding reviews, suspensions from the witness protection program are temporary in nature. The purpose of these measures is to ensure the rapid reinstatement of protection and assistance for a participant. In practice, the AFP would continue to consider the circumstances of each case to assess whether it is appropriate for the suspension to remain in force or whether it should be revoked and the protection and assistance reinstated. The proposal to provide a regular review of suspension misunderstands the temporary nature of suspensions. Under new subsection 17C(2) a participant who has had their protection and assistance suspended under new subsection 17B(1) is able to apply for a review of that decision if desired. While a suspension is in place, protection and assistance can still be provided to the benefit of the participant if the commissioner is satisfied that in the circumstances it is necessary and appropriate to do so.