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

Firstly, I don't recall saying that the concerns around scrutiny were unfounded. I said a lot of the concerns raised by the crossbench around the broad application of this power were unfounded. I said there was the opportunity for briefings, which Senator Thorpe and the opposition did seek. I've been a part of briefings before. I don't see them as a one-way street; I see them as an opportunity for individual senators to essentially cross-examine the department and test some of the policy decisions that have been made. I've sat in a lot of briefings myself; I've sat in them in opposition. I think they are a genuine way for the government to engage and to allow for scrutiny of the decisions that we have taken. Now, if the Greens didn't take that up—I'm not casting a view on that; I'm just saying that was available and it was only taken up by Senator Thorpe and the opposition.

I have at no stage said that there was broad community consultation process around this. The government stands here saying, 'We need this power.' We've been advised by a number of departments on this. We've taken that decision, and we're putting it through as a schedule to this amendment. This is part of the scrutiny of that decision, but I'm not pretending that it was part of a broad consultation process. It wasn't. It's a government decision based on advice that we have from our departments, and we make those decisions regularly.

We are absolutely saying, to those organisations that have an interest in this, that the minister wants to work with them around the guidance and application procedures for this power, alongside the transparency that the relevant minister, who in many cases will be the Minister for Home Affairs, will be providing through to the Ombudsman. I think those are good, appropriate safeguards, and they should address some of the concerns that have been raised here this morning. It's a very, very specific set of individuals that this would apply to. It is not going to apply to millions of Australians, as was said in this chamber this morning. There are safeguards, including on its impact on families and dependants, around how that would operate. The view that it's going to impact children unfairly, I think, is unfounded as well because of the safeguards that have been put into the legislation.