David Shoebridge (NSW, Australian Greens) Share this | Hansard source

I'm not entirely sure that was responsive to the concerns that I raised and the question I asked. Subsection 38MA(3), on benefit restriction notices, says:

(3) Before giving a notice under this section, the AFP Minister must 14 have regard to the following:

(a) the extent to which the person is likely to be a threat or danger to the community while the person is not arrested under the warrant;

(b) the likely effect of the operation of section 38M on the person's dependants, if the AFP Minister is aware of those dependants.

Then, in subsection 38MA(4), it says:

(4) The Secretary of the Department administered by the AFP Minister must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b)

That is, as I understand it, only if the police are aware of dependants. It's not automatic that they will seek the advice of the human services secretary; it's only if police happen to be aware of dependants. Whatever your comfort level might be about Services Australia being aware of the circumstances of First Nations women, surely you don't have that same comfort in relation to the police?