Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

My advice is that they must seek the advice of Services Australia, and, if you look at 'Considerations for giving a notice', there is subsection 38MA(4)(a) and (b), as you rightly point out. There is also subsection (5), which says:

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

(a) seek the advice of the Human Services Secretary in relation to paragraph (4)(b); and

(b) inform the AFP Minister of that advice.

That would be advice coming from Services Australia on the situation the individual is in and would form part of the consideration by the home affairs minister.