Jenny McAllister (NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Hansard source

I'll come back to the question asked by Senator Ruston in relation to the FOI arrangements and whether the exemptions proposed in the definitions in section 5 would extend to states and territories. The advice that I have is no. The exemptions simply indicate that, under the act, it would be an exempt document if there is a risk that publishing the document or material could cause physical harm or threats of harm, social stigma, bullying, vilification or other harm, other than commercial or economic harm, to an individual or group. A state or territory would not be considered an individual or group under that definition.

I've listened to the contribution made by Senator Roberts, which I think proceeds from a fundamental misunderstanding about the purpose of the Australian Centre for Disease Control. In particular, Senator, you seem to assume that medical or scientific research would be conducted by the centre and would be amongst the responsibilities of the director-general. Perhaps to reassure you, you may wish to turn to page 15 of the legislation, which sets out the functions of the director-general. I won't read out all of it because that would take too long, but I would indicate that, if you scan it, you will see that the function is to provide advice on public health matters to the minister at the request of the minister, provide advice to or consult with Commonwealth entities on public health matters, provide advice to or consult with state or territory governments on health matters, provide advice to or consult with international organisations, gather and analyse information relating to public health matters, provide advice or consult with a long list of bodies on public health matters, and develop, publish or promote standards or communications. That's the short version of the material that's set out in the published bill from page 15 onwards.

I think it is important when we have debates of this kind that we conduct them in an honest way. I spoke in my earlier contribution about the challenges of misinformation. All senators have a role to provide accurate information about the bills that are before this chamber. I don't think coming here and characterising this bill as a bill that relates to the conduct of scientific research by a new body is accurate, and I'd invite you to reflect on the bill that has actually been circulated and perhaps confine your remarks to the particular policy proposals that the government is bringing forward.