Sue Lines (President) Share this | Link to this | Hansard source

The question is that the bills be now read a second time.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with Committee of the Whole amendments to the Commonwealth Parole Board Bill 2025, starting with the amendments circulated by government.

Government's circulated amendments—

(1) Clause 24, page 13 (lines 1 to 30), omit the clause, substitute:

24 Sessional member may participate as Chair or Deputy Chair of the Commonwealth Parole Board in specified circumstances

(1) This section applies if:

(a) the Chair or the Deputy Chair is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations in a meeting, or to take part in any decision, of the Commonwealth Parole Board with respect to a particular matter; or

(b) the Chair or the Deputy Chair is not readily available to attend a meeting or participate in making a decision of the Commonwealth Parole Board, whether because of a vacancy in the office or for any other reason; or

(c) the Chair considers it appropriate for any other reason to make a request under subsection (2) in relation to a meeting of, or the making of a decision by, the Commonwealth Parole Board.

(2) The Chair may request that a sessional member participate, in the capacity of the Chair or the Deputy Chair, in the meeting, or in making the decision.

(3) For the purposes of a sessional member participating in a meeting, or making a decision, in the capacity of the Chair or the Deputy Chair as permitted by subsection (2):

(a) the sessional member may exercise a power or perform a function of the Chair or Deputy Chair, as the case requires, in accordance with the request of the Chair in relation to the meeting or decision; and

(b) the sessional member is taken to be the Chair or Deputy Chair, as the case requires, for all purposes in relation to the meeting or decision.

(2) Clause 43, page 24 (lines 23 to 27), to be opposed.

I understand the minister has a document to table.

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

I table a supplementary explanatory memorandum relating to the government amendments to be moved to the Commonwealth Parole Board Bill 2025.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you. The first question, being amendment (2) on sheet GJ118, is that clause 43 stand as printed.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that amendment (1) on sheet GJ118 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by the opposition. The question is that the amendment on sheet 3654 be agreed to.

Opposition's circulated amendment—

(1) Clause 40, page 22 (line 24) to page 23 (line 26), omit subclauses 40(1) and (2), substitute:

The Governor-General may, on recommendation of the Minister, terminate the appointment of a member at any time.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments to the Commonwealth Parole Board Bill 2025 circulated by Senator Thorpe. The question is that the amendments on sheet 3515 and 3516 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 3515

(1) Clause 29, page 18 (lines 15 to 21), omit subclause (3), substitute:

Composition of the Commonwealth Parole Board as a whole

(3) In recommending the appointment of the members of the Commonwealth Parole Board, the Minister must ensure that both the Chair and the Deputy Chair are enrolled as legal practitioners (however described) of a federal court or the Supreme Court of a State or Territory and have each been so enrolled for at least 5 years.

_____

SHEET 3516

(1) Clause 23, page 12 (lines 29 to 32), omit the clause, substitute:

23 Commonwealth Parole Board must conduct interviews

(1) For the purposes of making a decision about a federal offender, the Commonwealth Parole Board must conduct:

(a) an interview with the offender; and

(b) any other interview required by the guidelines.

(2) Interviews must be conducted in accordance with the guidelines (if any).

(2) Page 13 (after line 30), at the end of Part 3, add:

24A Rules of procedural fairness

(1) The Commonwealth Parole Board must observe the requirements of procedural fairness in making a decision about a federal offender.

(2) This section has effect despite the guidelines and anything else in this Act.

24B Legal representation

A federal offender may be represented by a legal practitioner in relation to any matter before the Commonwealth Parole Board about the offender.

Question negatived.

I will now deal with the amendments to the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 circulated by the opposition.

Opposition's circulated amendments—

(1) Schedule 1, item 6, page 6 (after line 13), after section 19AKC, insert:

19AKCA Attorney-General may object to decisions to make parole orders

(1) Before the Commonwealth Parole Board decides to make a parole order for a person, the Commonwealth Parole Board must give the Attorney-General written notice of the Commonwealth Parole Board's intention to do so.

(2) The Attorney-General may, within 14 days of receiving the notice, object in writing to the Commonwealth Parole Board deciding to make the parole order for the person.

(3) The Commonwealth Parole Board cannot decide to make the parole order for the person (despite paragraphs 19AKB(1)(a) and 19AKC(1)(a)):

(a) before the end of that 14-day period; or

(b) if the Commonwealth Parole Board receives an objection from the Attorney-General under subsection (2) within that 14-day period.

(4) In making an objection under subsection (2), the Attorney-General must have regard to the purposes of parole as set out in section 19AKA.

(5) An objection under subsection (2) must set out the Attorney-General's reasons for making the objection.

(2) Schedule 1, page 9 (after line 29), after item 15, insert:

15A After subsection 19AP(7)

Insert:

(7A) Before the Commonwealth Parole Board grants a licence under this section, the Commonwealth Parole Board must give the Attorney-General written notice of the Commonwealth Parole Board's intention to do so.

(7B) The Attorney-General may, within 14 days of receiving the notice, object in writing to the Commonwealth Parole Board granting the licence.

(7C) The Commonwealth Parole Board cannot grant the licence (despite anything else in this section):

(a) before the end of that 14-day period; or

(b) if the Commonwealth Parole Board receives an objection from the Attorney-General under subsection (7B) within that 14-day period.

(7D) In making an objection under subsection (7B), the Attorney-General must have regard to:

(a) whether there are any exceptional circumstances that may justify the grant of the licence; and

(b) the matters set out at paragraphs (4A)(a) to (c).

(7E) An objection under subsection (7B) must set out the Attorney-General's reasons for making the objection.

The question is that the amendments on sheet 3655 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the remaining stages of the bill be agreed to and the bill be now passed.