The SPEAKER ( Hon. Milton Dick ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Administrative Review Tribunal Bill 2023
The House divided. [09:05]
(The Speaker—Hon. Milton Dick)
Report made a parliamentary paper in accordance with standing order 39(e).
Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024
That this bill be now read a second time.
National Cancer Screening Register Amendment Bill 2024
That this bill be now read a second time.
That, in accordance with the provisions of the Public Works Committee Act 1969 , it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: Airservices Australia—PFAS Remediation of Former Fire Training Ground at Launceston Airport, Tasmania.
Administrative Review Tribunal Bill 2023
SHEET SE106
(1) Clause 4, page 4 (line 15) to page 14 (line 11), insert:
ART social services decision : see subsection 131D(3).
eligible social services decision : see section 131C.
second review : see subsection 131D(1).
(2) Clause 108, page 89 (line 16), omit "Note", substitute "Note 1".
(3) Clause 108, page 89 (after line 18), at the end of subclause (3), add:
Note 2: This subsection does not apply in relation to ART social services decisions (see Part 5A).
(4) Clause 111, page 92 (after line 17), after paragraph (2)(c), insert:
(ca) if the party has a right to apply for second review of the Tribunal's decision under Part 5A—notice of that right;
(5) Page 108 (after line 16), after Part 5, insert:
Part 5A — Second review for certain social services decisions
Division 1 — Preliminary
131A Simplified outline of this Part
A person may apply to the Tribunal for review of an ART social services decision.
Most ART social services decisions are decisions made by the Tribunal on review of social services decisions. However, some ART social services decisions are made originally by the Tribunal.
In general, the Tribunal must deal with an application for review of an ART social services decision in the same way as it would deal with a reviewable decision of that kind.
However, this general rule is modified by Division 3 of this Part, and may also be modified by regulations made under this Part.
An application cannot be made under section 123 to refer a decision of the Tribunal on review of a social services decision, or a decision of the Tribunal on second review, to the guidance and appeals panel.
131B How this Part applies
This Part applies despite subsection 108(3) (no application for review of varied or substituted decision).
131C Meaning of eligible social services decision
Each of the following is an eligible social services decision :
(a) a reviewable decision made under the A New Tax System (Family Assistance) Act 1999 ;
(b) a reviewable decision made under the A New Tax System (Family Assistance) (Administration) Act 1999 , other than a child care provider decision (within the meaning of that Act);
(c) a decision under section 92 of the Child Support (Registration and Collection) Act 1988 to refuse an extension application;
(d) a reviewable decision made under the Child Support (Registration and Collection) Act 1988 that is a care percentage decision (within the meaning of that Act);
(e) a decision under subsection 95N(2) of the Child Support (Registration and Collection) Act 1988 to make, or not to make, a determination;
(f) a reviewable decision made under the Paid Parental Leave Act 2010 that is a claimant decision (within the meaning of that Act);
(g) a reviewable decision made under the Social Security Act 1991 ;
(h) a reviewable decision made under the Social Security (Administration) Act 1999 ;
(i) a reviewable decision made under the Student Assistance Act 1973 .
Division 2 — General rules for second review
131D Who can apply
(1) A person whose interests are affected by an ART social services decision may apply to the Tribunal for review (the second review ) of the decision.
(2) However, an application cannot be made for second review if the ART social services decision was made in accordance with subsection 103(2) (decision agreed by parties).
(3) An ART social services decision is:
(a) for an eligible social services decision that has been affirmed by the Tribunal—the decision as affirmed; or
(b) for an eligible social services decision that has been varied by the Tribunal—the decision as varied; or
(c) for an eligible social services decision that has been set aside and remade by the Tribunal—the decision as remade; or
(d) for an eligible social services decision that has been set aside and remitted to the decision-maker by the Tribunal—the decision as set aside; or
(e) for an eligible social services decision made under section 92 or subsection 95N(2) of the Child Support (Registration and Collection) Act 1988 —the decision as made.
131E Operation of this Act and other laws
(1) This Act applies in relation to an ART social services decision as if the decision were a reviewable decision.
(2) If the review of an eligible social services decision under this Act was subject to provisions with a contrary intention in another Act, any second review relating to the decision is subject to those provisions in the same way.
(3) This section has effect subject to:
(a) the modifications set out in Division 3; and
(b) any modifications of this Act prescribed by the regulations for the purposes of second review.
Division 3 — Modifications for second review
131F References to the decision-maker
A reference in this Act, as it would apply for the purposes of second review, to the decision-maker for an ART social services decision is taken to be a reference to the decision-maker for the related eligible social services decision.
131G Giving reasons and documents to Tribunal
Section 23 (decision-maker must give reasons and documents to Tribunal—general rule) does not apply in relation to an application for second review.
131H Who can apply — claimant decisions
Despite section 17 (who can apply), an application for second review in relation to a claimant decision (within the meaning of the Paid Parental Leave Act 2010 ) may not be made by a person in the person's capacity as an employer.
131J When to apply
(1) Despite a contrary intention in any other law, an application for second review must be made within the time prescribed under section 18 (when to apply—general rule).
(2) However, an application for second review of a child care decision (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 ) about an individual's entitlement to be paid CCS for a week may also be made after the time prescribed under section 18 (when to apply—general rule) if the application is made:
(a) because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight that includes the week starts; and
(b) within the time prescribed under that section after the individual or other person was notified by the Commissioner of the outcome of the review.
131K Parties to proceeding
(1) The parties to a proceeding for second review include the persons who were parties to the proceeding for review of the related eligible social services decision.
(2) However, subsection (1) has effect subject to:
(a) section 65 (certain parties may seek to withdraw from being a party); and
(b) section 83 (Tribunal may remove party from proceeding if party fails to appear or does not comply).
131L Limits on applying to become a party to proceeding — claimant decisions
(1) This section applies to a proceeding for a second review that relates to a claimant decision (within the meaning of the Paid Parental Leave Act 2010 ).
(2) Despite paragraph 22(1)(c), a person may not apply to be a party to the proceeding in the person's capacity as an employer.
131M Decision cannot be altered outside Tribunal process
Despite a contrary intention in any other law, section 31 (decision cannot be altered outside Tribunal process) has effect in relation to a second review.
131N No automatic election notice for decision-maker
Despite a contrary intention in any other law, a decision-maker is not taken to have given the Tribunal an election notice in relation to a second review.
131P Tribunal may have regard to records and documents from earlier proceeding
In a proceeding for second review, the Tribunal may have regard to:
(a) any record of the proceeding (the earlier proceeding ) in which the ART social services decision was made (including a record of any evidence taken in the earlier proceeding); and
(b) any document or thing relating to the earlier proceeding given to the Tribunal; and
(c) any order or recommendation of the Tribunal in the earlier proceeding.
131Q Care percentage determinations reviewed under other Acts
Family assistance care percentage decisions
(1) Section 123 of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to a second review of a family assistance care percentage decision.
(2) If:
(a) the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 89 of the Child Support (Registration and Collection) Act 1988 ; and
(b) the review of the ART social services decision involved (wholly or partly) a review of a determination to which a family assistance care percentage decision relates;
then, despite section 54 of this Act, the Tribunal must not, on second review of the family assistance care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b).
Child support care percentage decisions
(3) Section 95M of the Child Support (Registration and Collection) Act 1988 does not apply in relation to a second review of a child support care percentage decision.
(4) If:
(a) the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 111 of the A New Tax System (Family Assistance) (Administration) Act 1999 ; and
(b) the review of the ART social services decision involved (wholly or partly) a review of a determination to which a child support care percentage decision relates;
then, despite section 54 of this Act, the ART must not, on second review of the child support care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b).
Definitions
(5) In this section:
child support care percentage decision means a care percentage decision within the meaning of theChild Support (Registration and Collection) Act 1988 .
family assistance care percentage decision means a care percentage decision within the meaning of theA New Tax System (Family Assistance) (Administration) Act 1999 .
131R Date of effect provisions
The following provisions do not apply in relation to second review:
(a) section 125 of the A New Tax System (Family Assistance) (Administration) Act 1999 ;
(b) section 95N of the Child Support (Registration and Collection) Act 1988 .
131S Treating events as having occurred
(1) Paragraph 127(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 has effect as if the reference in that paragraph to ART review of a decision included a reference to second review of an ART social services decision made on ART review.
(2) Paragraph 183(a) of the Social Security (Administration) Act 1999 has effect as if the reference in that paragraph to ART review of a decision included a reference to second review of an ART social services decision made on ART review.
(3) Paragraph 319(a) of the Student Assistance Act 1973 has effect as if the reference in that paragraph to ART review of a decision included a reference to second review of an ART social services decision made on ART review.
131T Remitting decisions for reconsideration
Despite a contrary intention in any other law, section 85 (Tribunal may remit decision to decision-maker for reconsideration) applies in relation to a second review.
131U Legal or financial assistance
Despite a contrary intention in any other law (other than section 122 of the A New Tax System (Family Assistance) (Administration) Act 1999 ):
(a) subsection 294(1) (legal or financial assistance for applicants) applies in relation to a person who applies, or proposes to apply, to the Tribunal for second review; and
(b) subsection 294(3) (legal or financial assistance for other parties) applies in relation to a proceeding for second review; and
(c) subsection 294(4) (legal or financial assistance for court proceedings) applies in relation to a matter that relates to a proceeding for second review.
131V Operation and implementation of decision on second review
Despite a contrary intention in any other law, subsection 32(2) (Tribunal may stay operation or implementation) applies in relation to a second review.
131W Guidance and appeals panel
An application cannot be made under section 123 to refer any of the following to the guidance and appeals panel:
(a) a decision of the Tribunal on review of an eligible social services decision;
(b) a decision of the Tribunal on second review.
Note: However, the President may, on the President's own initiative, refer an application for review of an eligible social services decision or for second review to the guidance and appeals panel under section 122.
131X Time and manner for making appeals
(1) This section applies:
(a) if a person applies for second review of an ART social services decision; and
(b) for the purposes of counting the 28 days mentioned in paragraph 174(1)(a), (b) or (c) within which an appeal to the Federal Court from the decision may be made.
(2) Do not take into account any day in the period between:
(a) the day the application for second review is made; and
(b) the day the person is given:
(i) notice under subsection 37(5) that the Tribunal has been constituted for the purposes of the second review; or
(ii) notice of a decision by the Tribunal that the person's interests are not affected by the ART social services decision.
(6) Clause 172, page 143 (line 8), after "Registrar", insert ", or second review that relates to the decision,".
(7) Clause 172, page 143 (line 10), after " 1988 ", insert "and section 131E of this Act".
SHEET ZC275
(1) Clause 4, page 9 (lines 16 to 18), omit the definition of litigation guardian .
(2) Clause 4, page 9 (before line 19), before the definition of made under an Act , insert:
litigation supporter , in relation to a party to a proceeding, means a person appointed to be a litigation supporter for the party under section 67.
(3) Clause 4, page 10 (line 12), omit "subsection", substitute "section".
(4) Clause 29, page 29 (line 22), omit "the decision-maker", substitute "a person".
(5) Clause 29, page 29 (line 25), omit "decision-maker", substitute "person".
(6) Clause 29, page 29 (lines 27 to 29), omit paragraph (3)(c), substitute:
(c) the person gives a copy of the application for the order to each party to the proceeding for review of the decision (other than the person);
(7) Clause 37, page 38 (line 21), after "non-participating party", insert "to the proceeding".
(8) Clause 42, page 42 (lines 12 to 15), omit subclause (5), substitute:
(5) If the Tribunal is constituted for the purposes of the proceeding by 2 or 3 members, the presiding member must be:
(a) if a Non-Judicial Deputy President constituted, or was one of the persons who constituted, the Tribunal for the purposes of the proceeding in which the Tribunal decision was made—equal in seniority to, or more senior than, the most senior person involved in making the Tribunal decision (see subsections (6) and (7)); or
(b) in any other case—more senior than the most senior person involved in making the Tribunal decision (see subsections (6) and (7)).
(9) Clause 55, page 47 (after line 16), after subclause (2), insert:
(2A) If a party to the proceeding is a non-participating party to a Tribunal case event in relation to the proceeding, subsection (1) does not apply in relation to that party in relation to that Tribunal case event.
(10) Clause 56, page 48 (line 15), after "to a proceeding", insert "or a Tribunal case event in relation to a proceeding".
(11) Heading to clause 60, page 50 (line 11), at the end of the heading, add "or Tribunal case event".
(12) Clause 60, page 50 (lines 12 to 14), omit subclause (1), substitute:
(1) A person who is the decision-maker for a reviewable decision may give the Tribunal written notice (an election notice ) that the person does not wish to participate in:
(a) a kind of proceeding in the Tribunal; or
(b) a kind of Tribunal case event (other than a directions hearing or part of a directions hearing) in relation to a kind of proceeding in the Tribunal.
(13) Clause 60, page 50 (line 16), after "proceeding", insert "or Tribunal case event".
(14) Heading to clause 61, page 50 (line 19), at the end of the heading, add "or Tribunal case event".
(15) Clause 61, page 50 (line 27), after "notice", insert "under paragraph 60(1)(a)".
(16) Clause 61, page 51 (lines 3 to 7), omit the note.
(17) Clause 61, page 51 (after line 7), after subclause (1), insert:
(1A) A person is a non-participating party to a Tribunal case event in relation to a proceeding if:
(a) the person is a party to the proceeding (other than the applicant); and
(b) the proceeding relates to a decision for which the person is the decision-maker; and
(c) the Tribunal case event and proceeding are of a kind for which the person has given an election notice under paragraph 60(1)(b); and
(d) the proceeding is not a guidance and appeals panel proceeding; and
(e) any conditions prescribed by the rules for the purposes of this paragraph are satisfied; and
(f) the Tribunal has not decided under section 62 that the person is to participate in the Tribunal case event; and
(g) the Tribunal has not ordered the person to participate in the Tribunal case event under section 63.
Note: A non-participating party remains a party to the proceeding and still needs to comply with this Act and orders of the Tribunal in relation to the proceeding. However, certain requirements do not apply to the party (see, for example, section 83 which deals with removal of a party for failure to appear or non-compliance).
(18) Clause 61, page 51 (line 9), after "proceeding", insert "or Tribunal case event".
(19) Clause 61, page 51 (line 10), after "proceeding", insert "or Tribunal case event".
(20) Clause 61, page 51 (line 11), after "proceeding", insert "or Tribunal case event".
(21) Clause 61, page 51 (line 14), after "proceeding", insert "or Tribunal case event".
(22) Clause 62, page 51 (after line 23), after subclause (1), insert:
(1A) If a non-participating party to a Tribunal case event gives the Tribunal written notice (a participation notice ) that the party wishes to participate in the Tribunal case event, the Tribunal must decide whether or not the party is to participate in the Tribunal case event.
Note: An election notice relates to a kind of Tribunal case event in relation to a kind of proceeding. A participation notice relates to a particular Tribunal case event of that kind. The election notice continues to apply to other Tribunal case events of that kind in relation to proceedings of that kind.
(23) Clause 63, page 51 (after line 29), after subclause (1), insert:
(1A) A non-participating party to a Tribunal case event may give the Tribunal written submissions in relation to the Tribunal case event.
(24) Clause 63, page 52 (line 3), after "proceeding", insert "or Tribunal case event in relation to a proceeding".
(25) Clause 64, page 52 (line 17), at the end of paragraph (1)(b), add "or Tribunal case events".
(26) Clause 64, page 52 (line 24), at the end of paragraph (2)(c), add "or a Tribunal case event in relation to the proceeding".
(27) Heading to clause 67, page 54 (line 1), omit "litigation guardian", substitute "litigation supporter".
(28) Heading to subclause 67(1), page 54 (line 2), omit " litigation guardian ", substitute "litigation supporter ".
(29) Clause 67, page 54 (lines 3 and 4), omit "litigation guardian", substitute "litigation supporter".
(30) Clause 67, page 54 (lines 6 to 11), omit paragraph (1)(a), substitute:
(a) the party does not have decision-making ability; and
(31) Clause 67, page 54 (after line 14), after subclause (1), insert:
(1A) In considering whether to make an order under subsection (1), it is to be presumed that a party to a proceeding has decision-making ability.
(1B) The presumption is not rebutted solely on the basis that a party has a disability.
(32) Clause 67, page 54 (line 15), omit "litigation guardian", substitute "litigation supporter".
(33) Clause 67, page 54 (line 20), omit "litigation guardian", substitute "litigation supporter".
(34) Clause 67, page 54 (lines 21 and 22), omit "litigation guardian", substitute "litigation supporter".
(35) Clause 67, page 54 (line 26), omit "litigation guardian", substitute "litigation supporter".
(36) Clause 67, page 55 (line 3), omit "litigation guardian", substitute "litigation supporter".
(37) Heading to subclause 67(5), page 55 (line 6), omit " litigation guardian ", substitute "litigation supporter ".
(38) Clause 67, page 55 (line 7), omit "litigation guardian", substitute "litigation supporter".
(39) Clause 67, page 55 (lines 8 and 9), omit paragraph (5)(a), substitute:
(a) the party may participate in the proceeding:
(i) wherever possible—with the support of the litigation supporter; or
(ii) otherwise—by the litigation supporter; and
(40) Clause 67, page 55 (line 10), omit "litigation guardian", substitute "litigation supporter".
(41) Clause 67, page 55 (line 13), omit "litigation guardian", substitute "litigation supporter".
(42) Heading to subclause 67(6), page 55 (line 16), omit " litigation guardian ", substitute "litigation supporter ".
(43) Clause 67, page 55 (line 17), omit "litigation guardian", substitute "litigation supporter".
(44) Clause 67, page 55 (line 18), omit "litigation guardian", substitute "litigation supporter".
(45) Clause 67, page 55 (line 22), omit "litigation guardian", substitute "litigation supporter".
(46) Clause 67, page 55 (line 26), omit "litigation guardian", substitute "litigation supporter".
(47) Heading to subclause 67(9), page 55 (line 28), omit " litigation guardian ", substitute "litigation supporter ".
(48) Clause 67, page 55 (line 29), omit "litigation guardian", substitute "litigation supporter".
(49) Clause 67, page 55 (line 31), omit "litigation guardian", substitute "litigation supporter".
(50) Clause 67, page 56 (line 2), omit "litigation guardian", substitute "litigation supporter".
(51) Clause 67, page 56 (lines 3 to 7), omit paragraph (10)(b), substitute:
(b) the Tribunal considers that the party has decision-making ability; or
(52) Clause 67, page 56 (line 9), omit "litigation guardian", substitute "litigation supporter".
(53) Clause 67, page 56 (line 11), omit "litigation guardian", substitute "litigation supporter".
(54) Clause 67, page 56 (line 13), omit "litigation guardian", substitute "litigation supporter".
(55) Clause 67, page 56 (line 15), omit "litigation guardian", substitute "litigation supporter".
(56) Clause 67, page 56 (line 17), omit "litigation guardian", substitute "litigation supporter".
(57) Clause 67, page 56 (line 20), omit "litigation guardians", substitute "litigation supporters".
(58) Clause 67, page 56 (line 24), omit "litigation guardians", substitute "litigation supporters".
(59) Clause 67, page 56 (line 25), omit "litigation guardian", substitute "litigation supporter".
(60) Clause 67, page 56 (line 26), omit "litigation guardian", substitute "litigation supporter".
(61) Clause 72, page 60 (line 29), at the end of subclause (2), add "or Tribunal case event".
(62) Clause 83, page 66 (line 25), at the end of paragraph (2)(b), add "to the proceeding or Tribunal case event".
(63) Clause 84, page 67 (line 12), after " application )", insert "for review of a decision".
(64) Clause 84, page 67 (lines 21 to 27), omit subclause (2), substitute:
Another person may apply to continue with substantive application
(2) A person whose interests are affected by the decision may apply to the Tribunal to continue with the substantive application.
(65) Clause 84, page 68 (lines 3 to 8), omit paragraph (4)(a), substitute:
(a) the Tribunal considers that the decision does not affect any person's interests other than the applicant; or
(66) Clause 87, page 70 (line 13), after "proceeding", insert "or a Tribunal case event of that kind".
(67) Clause 88, page 71 (line 8), omit "(other than a non-participating party)", substitute "to which the dispute resolution process relates (other than a non-participating party to that dispute resolution process or that proceeding)".
(68) Clause 88, page 71 (lines 14 to 16), omit subclause (4), substitute:
(4) However, subsection (3) does not apply if, before the start of the hearing of the proceeding, a party to the proceeding to which the dispute resolution process relates notifies the Tribunal that the party objects to the report being admitted.
(69) Clause 96, page 79 (line 15), after "party", insert "to the proceeding".
(70) Heading to subclause 106(3), page 85 (line 6), at the end of the heading, add " to the proceeding or hearing ".
(71) Clause 106, page 85 (line 9), after "party", insert "to the proceeding or the hearing of the proceeding".
(72) Clause 106, page 85 (line 29), after "non-participating party", insert "to the proceeding or Tribunal case event".
(73) Clause 109, page 90 (lines 11 to 13), omit paragraph (1)(b), substitute:
(b) the decision is:
(i) made under section 105 (Tribunal decision on review of reviewable decision); and
(ii) not made in accordance with subsection 103(2) (decision agreed by parties); and
(74) Clause 109, page 90 (line 17), after "made", insert "under section 105".
(75) Clause 111, page 92 (after line 25), after subclause (4), insert:
(4A) A failure by the Tribunal to provide the things mentioned in paragraphs (2)(c) to (d) by the time required by subsection (3) does not affect the validity of the Tribunal's decision.
(76) Clause 119, page 97 (line 12), at the end of paragraph (b), add "or subsection 157(3) (orders restricting publication or disclosure of findings)".
(77) Clause 128, page 105 (after line 30), at the end of the clause, add:
(5) To avoid doubt, the President is not required to refer any decision of the Tribunal to the guidance and appeals panel.
(78) Clause 130, page 107 (line 23), omit paragraph (5)(a).
(79) Clause 130, page 107 (before line 30), before paragraph (6)(a), insert:
(aa) Division 3 of Part 3 (applying for review of decision);
(80) Clause 147, page 122 (line 10), after "security", insert "record".
(81) Clause 147, page 122 (line 13), after "proceeding", insert "or Tribunal case event".
(82) Clause 147, page 122 (line 15), after "proceeding", insert "or Tribunal case event".
(83) Clause 157, page 129 (after line 9), at the end of the clause, add:
Note: Breach of a non-publication or non-disclosure order is an offence (see section 119).
(84) Clause 159, page 131 (lines 3 to 5), omit "may certify, in writing, that, in the opinion of the Director-General or a person authorised by the Director-General under this section", substitute "or a person authorised by the Director-General under this section may certify, in writing, that, in the opinion of the Director-General or authorised person".
(85) Clause 161, page 135 (after line 7), at the end of the clause, add:
Delegation — security clearance decisions and security clearance suitability assessments
(11) The ASIO Minister may, in writing, delegate the ASIO Minister's power under subsection (2) in relation to a security clearance decision or a security clearance suitability assessment to:
(a) the Director-General of Security; or
(b) an ASIO employee (within the meaning of the ASIO Act), or an ASIO affiliate (within the meaning of that Act), who holds, or is acting in, a position in ASIO that is equivalent to or higher than a position occupied by an SES employee.
(12) In exercising a power under the delegation, the delegate must comply with any written directions of the ASIO Minister.
(86) Clause 201, page 165 (line 1), omit "with".
(87) Clause 202, page 165 (line 14), omit "with".
(88) Clause 205, page 168 (line 10), after "assessed", insert ", by a panel established under section 209,".
(89) Clause 207, page 170 (line 27), after "assessed", insert ", by a panel established under section 209,".
(90) Clause 208, page 172 (line 17), after "assessed", insert ", by a panel established under section 209,".
(91) Heading to clause 209, page 174 (line 1), omit "may", substitute "must".
(92) Clause 209, page 174 (lines 2 to 4), omit subclause (1), substitute:
(1) The Minister must, from time to time, establish one or more panels ( assessment panels ) of persons for the purposes of assessing whether a candidate or candidates are suitable for appointment under section 205, 207, 208 or 227.
(93) Clause 227, page 184 (line 32), after "assessed", insert ", by a panel established under section 209,".
(94) Clause 234, page 187 (after line 31), after subclause (1), insert:
(1A) Before the Minister makes a recommendation to the Governor-General, the Minister must consult the President.
(95) Clause 242, page 193 (after line 11), after paragraph (2)(h), insert:
(ha) the number of decisions made in accordance with section 103 (if parties reach agreement—review of decisions only) during that year in each jurisdictional area and by the Tribunal as constituted by the guidance and appeals panel for the purposes of proceedings; and
(hb) the number of Tribunal decisions affirmed by a federal court during that year; and
(hc) the number of Tribunal decisions overturned by a federal court during that year; and
(96) Clause 271, page 216 (lines 6 to 10), omit paragraphs (1)(a) and (b), substitute:
(a) both of the following apply:
(i) a person requests the decision-maker for a reviewable decision to give the person a statement of reasons for the decision under section 268;
(ii) the person is given a statement of reasons for the decision under section 269 or 270; or
(b) a person applies to the Tribunal for review of a reviewable decision for which the decision-maker has given the person a statement of reasons.
(97) Clause 273, page 218 (line 22), omit "and legal or financial assistance", substitute ", legal or financial assistance and review of the operation of this Act".
(98) Clause 281, page 225 (lines 16 to 21), omit paragraph (1)(d), substitute:
(ca) for a function or power under subsection 114(1) to alter the text of a decision or statement of reasons for a decision—by the person who made the decision;
(d) for a function or power under subsection 114(1) to alter the text of a decision or statement of reasons for a decision—by an authorised person, but:
(i) only as approved by the President; and
(ii) not if the Tribunal as constituted for the purposes of the proceeding or the person who made the decision is available;
(99) Clause 281, page 225 (line 23), omit "or subsection 115(2) (taxing costs)", substitute ", subsection 115(2) (taxing costs) or a provision mentioned in paragraph 286(a)".
(100) Clause 284, page 227 (table item 5), omit the table item.
(101) Clause 284, page 227 (after table item 10), insert:
(102) Clause 284, page 228 (line 2), after "107", insert ", 108".
(103) Clause 285, page 228 (table item 5, column 1), omit "(other than subsection (8))".
(104) Clause 285, page 229 (table item 10, column 1), omit "subsections 68(2) and (3)", substitute "section 68".
(105) Clause 285, page 229 (after table item 12), insert:
(106) Clause 285, page 229 (after table item 22), insert:
(107) Clause 285, page 230 (line 7), after "107", insert ", 108".
(108) Page 236 (after line 31), at the end of Division 5, add:
294A Review of operation of this Act
(1) The Minister must cause to be conducted a review into the operation of this Act and any Act dealing with consequential or transitional matters arising from the enactment of this Act.
(2) Without limiting subsection (1), the review must include consideration of:
(a) whether the Tribunal is achieving the objective in section 9; and
(b) any other matters relating to the operation of this Act determined by the Minister.
(3) The review must start within the 3 months before the fifth anniversary of the commencement of this Act.
(4) The review must be undertaken by one or more persons (the reviewers ) who, in the Minister's opinion, have appropriate expertise in administrative review.
(5) The review must include consultation with the Council, members of the public, Tribunal users and any other person or organisation the reviewers consider appropriate.
(6) The reviewers must give the Minister a written report on the review within 12 months after the fifth anniversary of the commencement of this Act.
(7) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(109) Clause 295, page 237 (after line 28), at the end of the clause, add:
(6) Before making rules affecting the practice, procedure or operations of the Tribunal, the Minister must consult the President.
That this bill be now read a third time.
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023
That all words after "That" be omitted with a view to substituting the following words:
"whilst not declining to give the bill a second reading, the House:
(1) notes that this bill maintains the carve out of a separate, more restrictive procedural code for the Migration and Refugee Division in the Migration Act 1958;
(2) further notes that the bill falls short of meeting its objectives because of its unequal treatment of migrant and refugee applicants;
(3) notes that non-citizens, including those seeking asylum, refugees, and the stateless, already experience structural exclusion and intersecting barriers to accessing justice once they enter into Australia, including impacts of trauma, language barriers, mental health issues, financial distress, and cultural differences; and
(4) calls on the Government to ensure all applicants can equally access a fair and just review and accordingly remove the separate set of procedures under the Migration Act 1958 , from this bill so the procedures that apply to applicants generally, also apply to migrant and refugee applicants in the same way".
The House divided. [10:48]
(The Speaker—Hon. Milton Dick)
(1) Schedule 2, item 136, page 60 (line 18) to page 61 (line 3), omit subsections 347(3) to (5).
SHEET TM116
(1) Schedule 3, item 6, page 96 (lines 8 and 9), omit the definition of guidance and appeals panel application in subsection 3(1).
(2) Schedule 3, item 14, page 97 (lines 8 to 14), omit the item, substitute:
14 Section 110 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")
Repeal the paragraph, substitute:
If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.
In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review. Applications for second review are made under the ART Act.
(3) Schedule 3, items 20 and 21, page 98 (lines 4 to 14), omit the items.
(4) Schedule 3, item 25, page 99 (lines 4 and 5), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(5) Schedule 3, item 25, page 99 (lines 9 and 10), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(6) Schedule 3, item 26, page 100 (lines 1 to 22), omit the item, substitute:
26 Subsection 115(2)
Repeal the subsection, substitute:
(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(7) Schedule 3, item 27, page 100 (lines 25 and 26), omit "(other than a guidance and appeals panel application)".
(8) Schedule 3, page 102 (after line 3), after item 32, insert:
32A Subsection 122(1)
After "subsection (4)", insert "and the outcome of any application under section 294 of the ART Act".
(9) Schedule 3, page 102 (after line 8), after item 33, insert:
33A Paragraph 123(a)
Repeal the paragraph, substitute:
(a) the ART has reviewed:
(i) a decision (a child support decision ) on application referred to in section 89 of theChild Support (Registration and Collection) Act 1988 ; or
(ii) a decision on application referred to in section 131D of the ART Act in relation to a child support decision; and
(10) Schedule 3, item 35, page 102 (lines 15 to 18), omit the item.
(11) Schedule 3, item 60, page 107 (after line 11), after the definition of guidance and appeals panel proceeding in subsection 4(1), insert:
second review has the same meaning as in the ART Act.
(12) Schedule 3, item 64, page 107 (lines 23 to 28), omit the item, substitute:
64 Section 87A (paragraph beginning "The person may")
Repeal the paragraph, substitute:
If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.
In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review, or as the original decision-maker. Applications for second review are made under the ART Act.
(13) Schedule 3, item 73, page 109 (lines 5 and 6), omit the item, substitute:
73 Subsection 92(4)
Repeal the subsection, substitute:
(4) If the ART refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect that:
(a) subject to this Act and the ART Act, the person may apply to the ART for second review of the decision; and
(b) the person may, under section 268 of the ART Act, request a statement of reasons for the decision.
(14) Schedule 3, item 76, page 110 (before line 23), before subsection 95B(1A), insert:
(1AA) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(15) Schedule 3, item 76, page 110 (line 23), omit "Subsection (1) does not", substitute "Subsections (1) and (1AA) do not".
(16) Schedule 3, page 112 (after line 24), after item 83, insert:
83A Paragraph 95M(a)
Repeal the paragraph, substitute:
(a) the ART has reviewed:
(i) a decision (a family assistance decision ) on application referred to in section 111 of the Family Assistance Administration Act; or
(ii) a decision on application referred to in section 131D of the ART Act in relation to a family assistance decision; and
(17) Schedule 3, item 92, page 114 (line 33), omit paragraph 110Q(b), substitute:
(b) an application to the ART for ART review of that objection or second review of a decision on that ART review;
(18) Schedule 3, item 93, page 115 (lines 8 to 10), omit paragraph 110W(1)(b), substitute:
(b) no application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and
(19) Schedule 3, item 94, page 115 (lines 13 and 14), omit paragraph 110W(1A)(b), substitute:
(b) an application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and
(20) Schedule 3, item 96, page 115 (line 24), after "ART review", insert "or second review".
(21) Schedule 3, item 97, page 115 (lines 27 to 30), omit the item.
(22) Schedule 3, item 98, page 116 (line 4), after "panel", insert "or second review".
(23) Schedule 3, item 106, page 117 (lines 15 to 20), omit the item, substitute:
106 Section 4 (paragraph beginning "Part 5-3")
Repeal the paragraph, substitute:
If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.
In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review. Applications for second review are made under the ART Act.
(24) Schedule 3, item 113, page 119 (lines 1 to 7), omit the item, substitute:
113 Section 213 (paragraph beginning "AAT first review is available")
Repeal the paragraph, substitute:
ART review is available for certain claimant decisions (called ART reviewable claimant decisions). People whose interests are affected by ART reviewable claimant decisions may apply for ART review of those decisions.
A person may also apply to the ART for second review if the person is dissatisfied with the decision of the ART on review of an ART reviewable claimant decision. Applications for second review are made under the ART Act.
(25) Schedule 3, item 116, page 119 (lines 20 to 26), omit the item.
(26) Schedule 3, item 122, page 121 (before line 30), before subsection 226(2), insert:
(1A) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(27) Schedule 3, item 122, page 121 (line 30), omit "Subsection (1) does not", substitute "Subsections (1) and (1A) do not".
(28) Schedule 3, item 144, page 126 (lines 20 to 26), omit the item, substitute:
144 Section 139 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")
Repeal the paragraph, substitute:
If a person is dissatisfied with a decision of the ART on ART review, the person may apply to the ART for second review.
(29) Schedule 3, item 148, page 127 (lines 8 to 13), omit the item.
(30) Schedule 3, item 169, page 132 (lines 4 and 5), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(31) Schedule 3, item 169, page 132 (lines 9 and 10), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(32) Schedule 3, item 170, page 132 (lines 29 and 30), omit "(other than a guidance and appeals panel application)".
(33) Schedule 3, item 178, page 134 (lines 10 to 31), omit the item, substitute:
178 Subsections 182(2) and (3)
Repeal the subsections, substitute:
(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(34) Schedule 3, item 182, page 135 (lines 20 and 21), omit the definition of guidance and appeals panel application in subclause 1(1) of Schedule 1.
(35) Schedule 3, item 184, page 136 (lines 12 and 13), omit the definition of guidance and appeals panel application in subsection 3(1).
(36) Schedule 3, items 190 and 191, page 137 (line 9) to page 138 (line 20), omit the items.
(37) Schedule 3, item 193, page 138 (lines 24 to 30), omit the item, substitute:
193 Section 309 (paragraph beginning "If a person is dissatisfied with a decision of the AAT")
Repeal the paragraph, substitute:
If a person is dissatisfied with a decision of the ART on ART review, the person may apply to the ART for second review.
(38) Schedule 3, item 197, page 139 (lines 8 to 13), omit the item.
(39) Schedule 3, item 200, page 140 (lines 1 and 2), omit subsection 312(3).
(40) Schedule 3, item 201, page 140 (lines 8 and 9), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(41) Schedule 3, item 201, page 140 (lines 13 and 14), omit "unless the proceeding is in relation to a guidance and appeals panel application".
(42) Schedule 3, item 202, page 141 (lines 5 to 26), omit the item, substitute:
202 Subsection 315(2)
Repeal the subsection, substitute:
(2) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(43) Schedule 3, item 209, page 146 (table item relating to paragraph 123(a)), omit the table item.
(44) Schedule 3, item 212, page 153 (table item relating to paragraph 95M(a)), omit the table item.
(45) Schedule 16, items 43 to 50, page 277 (line 6) to page 282 (line 20), omit the items, substitute:
43 Definitions
In this Division:
AAT second review has the same meaning as in the old law.
ART social services decision has the meaning given by the new Act.
second review has the meaning given by the new Act.
44 No second review following AAT second review
(1) This item applies if:
(a) a person applied for AAT second review of an ART social services decision under the old law; and
(b) the AAT second review has begun or has been completed.
(2) The person is not entitled to apply to the ART for second review in relation to the decision.
SHEET UP104
(1) Clause 2, page 2 (after table item 2), insert:
(2) Clause 2, page 2 (table item 3, column 1), omit "items 1", substitute "items 2".
(3) Clause 2, page 2 (after table item 4), insert:
(4) Clause 2, page 2 (table item 5, column 1), omit "items 32", substitute "items 34".
(5) Clause 2, page 2 (after table item 5), insert:
(6) Schedule 2, item 27, page 45 (lines 12 and 13), omit the item, substitute:
27 Paragraph 109(3)(c)
Repeal the paragraph.
27A Paragraph 109(3)(d)
Omit "under Part 5 or 7", substitute "by application under Part 5".
27B At the end of section 109
Add:
(6) Section 267 (decision-maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under subsection (3) of this section.
(7) Section 268 (requesting reasons for a reviewable decision from decision-maker) of the ART Act does not apply in relation to decisions to cancel a visa under this section.
(7) Schedule 2, page 48 (after line 12), after item 49, insert:
49A At the end of section 140N
Add:
(4) If the regulations provide for notification by the Minister of the decision to take action under section 140M, then the following provisions of the ART Act do not apply to the decision:
(a) section 267 (decision-maker must have regard to rules when giving notice of decision);
(b) section 268 (requesting reasons for a reviewable decision from decision-maker).
(8) Schedule 2, item 120, page 56 (line 35), omit paragraph 336P(2)(l), substitute:
(l) section 294 (legal or financial assistance), unless the review is of a decision referred to the guidance and appeals panel by the President of the ART under section 122 of the ART Act.
(9) Schedule 2, item 139, page 63 (lines 30 and 31), omit "under section 105 of the ART Act or section 349 of this Act", substitute "referred to in subsection (1A)".
(10) Schedule 2, page 64 (after line 2), after item 140, insert:
140A After subsection 351(1)
Insert:
(1A) For the purposes of subsection (1), the decisions are as follows:
(a) a decision under section 349 of this Act;
(b) a decision under section 368C of this Act;
(c) a decision under section 105 of the ART Act.
(11) Schedule 2, page 65 (after line 14), after item 149, insert:
149A Subsection 357A(1)
Omit "This Division is", substitute "The relevant provisions are".
149B Subsection 357A(1)
Omit "it deals", substitute "they deal".
(12) Schedule 2, item 150, page 65 (lines 15 and 16), omit the item, substitute:
150 Subsection 357A(2)
Repeal the subsection.
(13) Schedule 2, item 151, page 65 (line 19), omit "this Division", substitute "the relevant provisions".
(14) Schedule 2, item 151, page 65 (line 20), omit "this Division prevails", substitute "the relevant provisions prevail".
(15) Schedule 2, item 151, page 66 (lines 5 to 7), omit "this Division does not require the ART to observe any principle or rule of common law relating to the matters this Division deals", substitute "the relevant provisions do not require the ART to observe any principle or rule of common law relating to the matters the relevant provisions deal".
(16) Schedule 2, item 151, page 66 (after line 7), after subsection 357A(2C), insert:
(2D) In this section, the relevant provisions are:
(a) this Division; and
(b) sections 374, 375, 375A and 376 and Division 7, in so far as they relate to this Division.
(17) Schedule 2, item 164, page 67 (line 20), after "the ART", insert "by the Department".
(18) Schedule 2, page 67 (after line 21), after item 164, insert:
164A After subsection 362A(1)
Insert:
(1A) If an applicant makes a request under subsection (1), the Department must provide the applicant with access to the material.
(19) Schedule 2, item 168, page 68 (line 5), omit "366D", substitute "366C".
(20) Schedule 2, page 68 (after line 6), after item 168, insert:
168A Section 366D
Omit "Tribunal", substitute "ART".
(21) Schedule 2, item 174, page 74 (lines 16 to 18), omit section 373.
(22) Schedule 2, item 231, page 81 (lines 20 and 21), omit ", on the Tribunal's own initiative,".
(23) Schedule 2, item 237, page 82 (lines 21 and 22), omit paragraph 474AA(2)(b), substitute:
(b) the ART does not have a duty to consider a request to refer a question of law at the request of a party to a proceeding.
(24) Schedule 2, item 237, page 82 (after line 22), after subsection 474AA(2), insert:
(2A) To avoid doubt, if the ART refers a question of law under section 185 of the ART Act, Division 6 of Part 7 of that Act applies in relation to the proceeding before the Federal Court in relation to the reference.
(25) Schedule 2, item 237, page 82 (line 23) to page 83 (line 2), omit subsections 474AA(3) and (4), substitute:
(3) Subdivision A of Division 2 of Part 7 of the ART Act (appeals on questions of law) does not apply to a decision of the ART under section 185 of that Act (referring questions of law) in relation to proceedings for review of a reviewable migration decision or a reviewable protection decision.
(26) Schedule 2, item 247, page 84 (lines 23 and 24), omit the item, substitute:
247 Subsection 476A(1) (note)
Repeal the note, substitute:
Note: The Federal Court's jurisdiction referred to in paragraph (d) is limited: see section 474AA.
(27) Schedule 2, page 85 (after line 30), after item 253, insert:
253A Paragraph 494B(5)(d)
After "Minister", insert "by the recipient".
(28) Schedule 2, item 257, page 86 (lines 11 to 13), omit the item.
(29) Schedule 2, item 259, page 86 (lines 16 to 25), omit the item.
(30) Schedule 2, item 269, page 87 (after line 24), after subsection 500(6CA), insert:
(6CB) A failure to comply with subsection (6C) in relation to an application does not affect the validity of the application.
(31) Schedule 3, page 105 (after line 25), after item 52, insert:
52A After subsection 161(1A)
Insert:
Publishing reasons for ART decisions
(1B) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:
(a) a party to the review concerned (other than the Secretary or the Child Support Registrar); or
(b) a person (other than the Secretary or the Child Support Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or
(c) a witness in the review concerned.
(1C) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:
(a) the name, title, pseudonym or alias of the person; or
(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(c) the physical description or the style of dress of the person; or
(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.
(32) Schedule 3, page 118 (after line 23), after item 110, insert:
110A After subsection 126(1)
Insert:
Publishing reasons for ART decisions
(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:
(a) a party to the review concerned (other than the Secretary); or
(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or
(c) a witness in the review concerned.
(1B) Without limiting subsection (1A), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:
(a) the name, title, pseudonym or alias of the person; or
(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(c) the physical description or the style of dress of the person; or
(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.
No effect on operation of the Freedom of Information Act 1982
(33) Schedule 3, item 165, page 129 (starting at line 15) omit the item, substitute:
165 Section 147 (cell at table item 8, column headed "Provision of AAT Act")
Repeal the cell, substitute:
(34) Schedule 3, item 166, page 129 (starting at line 18), omit the item, substitute:
166 Section 147 (cell at table item 8, column headed "Application or modification of provision of AAT Act")
Repeal the cell, substitute:
(35) Schedule 3, page 135 (after line 4), after item 180, insert:
180A After subsection 201(1)
Insert:
Publishing reasons for ART decisions
(1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:
(a) a party to the review concerned (other than the Secretary); or
(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or
(c) a witness in the review concerned.
(1B) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:
(a) the name, title, pseudonym or alias of the person; or
(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(c) the physical description or the style of dress of the person; or
(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.
(36) Schedule 3, page 141 (after line 26), after item 202, insert:
202A After section 315
Insert:
315A Hearing of certain ART reviews in private
(1) This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel.
(2) The hearing of the proceeding must be in private.
(3) The ART may give directions, in writing or otherwise, as to the persons who may be present at the hearing of the proceeding.
(4) In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy.
(5) Section 69 (hearings to be in public unless practice directions or ART order requires otherwise) of the ART Act does not apply in relation to the hearing of the proceeding.
(37) Schedule 3, Part 1, page 142 (after line 10), at the end of the Part, add:
207A Section 350
Before "Nothing in", insert "(1)".
207B At the end of section 350
Add:
Publishing reasons for ART decisions
(2) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:
(a) a party to the review concerned (other than the Secretary); or
(b) a person (other than the Secretary) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or
(c) a witness in the review concerned.
(3) Without limiting subsection (2), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:
(a) the name, title, pseudonym or alias of the person; or
(b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
(c) the physical description or the style of dress of the person; or
(d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
(e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
(f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.
(38) Schedule 4, item 66, page 179 (line 19), after "proceeding", insert "or Tribunal case event".
(39) Schedule 4, item 66, page 179 (line 21), after "proceeding", insert "or Tribunal case event".
(40) Schedule 4, page 180 (after line 4), after item 67, insert:
67A Subsection 61A(2)
Omit "AAT", substitute "Tribunal".
(41) Schedule 15, item 5, page 240 (after line 2), after paragraph 354(1AA)(c), insert:
(ca) paragraph 61(1A)(b);
(42) Schedule 15, item 28, page 245 (line 3), omit " Administrative Appeals Tribunal Act 1975 ", substitute "Administrative Review Tribunal Act 2024 ".
(43) Schedule 15, item 28, page 245 (after line 15), after paragraph 176(1)(g), insert:
(ga) paragraph 61(1A)(b);
(44) Schedule 15, item 36, page 247 (line 6), omit "167", substitute "176".
(45) Schedule 16, item 26, page 268 (line 4), omit "new Act", substitute "new law".
(46) Schedule 16, heading to Part 7, page 269 (line 1), at the end of the heading, add "and Chief Executive Officer and Principal Registrar".
(47) Schedule 16, item 28, page 269 (lines 7 to 11), omit paragraph (b), substitute:
(b) holds office as the President of the ART for the remainder of the term for which the person was appointed as President of the AAT.
(48) Schedule 16, item 29, page 269 (lines 17 to 21), omit paragraph (b), substitute:
(b) holds office as a Judicial Deputy President for the remainder of the term for which the person was appointed as Deputy President of the AAT.
(49) Schedule 16, Part 7, page 273 (after line 17), at the end of the Part, add:
33A Appointments to commence at or shortly after the transition time
AAT President to be consulted on member appointments before transition time
(1) Subitems (2) and (3) apply to any appointment of a person made in the exercise before the transition time of a power conferred by section 206, 207 or 208 of the new Act.
(2) Paragraphs 206(2)(b), 207(2)(a) and 208(2)(a) of the new Act do not apply to the appointment of the person.
(3) Before the Minister makes a recommendation to the Governor-General to appoint the person, the Minister must seek, and take into account, the advice of the President of the AAT in relation to:
(a) whether the appointment would meet the operational needs of the Tribunal; and
(b) unless the appointment is as a Judicial Deputy President—the financial capacity of the Tribunal for the appointment; and
(c) the effect of the appointment on the relative numbers of Judicial Deputy Presidents, Non-Judicial Deputy Presidents, senior members and general members.
Members assessed before the transition time
(4) Paragraphs 207(2)(b) and 208(2)(b) of the new Act do not apply to the appointment of a person assessed as suitable for the appointment through a selection process that:
(a) is conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal; and
(b) commences on or after 1 July 2023.
Note: For appointment of non-judicial members, the Guidelines require public advertising of the position and an assessment, by a panel of persons, of candidates' suitability for the appointment against core selection criteria.
(5) Subitem (4) ceases to be in force 6 months after the transition time.
AAT President's agreement required for appointment of Chief Executive Officer and Principal Registrar before transition time
(6) Subitems (7) and (8) apply to any appointment of a person made in the exercise before the transition time of the power conferred by section 227 of the new Act.
(7) Paragraph 227(2)(c) of the new Act does not apply to the appointment of the person.
(8) Before the Minister makes a recommendation to the Governor-General to appoint the person, the Minister must obtain the agreement of the President of the AAT to the appointment.
Chief Executive Officer and Principal Registrar assessed before the transition time
(9) Paragraph 227(2)(b) of the new Act does not apply to the appointment of a person assessed, by a panel of persons, as suitable for the appointment through a selection process that:
(a) is merit-based; and
(b) includes public advertising of the position; and
(c) commences on or after 1 February 2024.
(10) Subitem (9) ceases to be in force 1 month after the transition time.
(50) Schedule 16, page 284 (after line 14), at the end of the Schedule, add:
Part 10 — Consultation before transition time
52 Consultation in relation to rules before the transition time
(1) This item applies to rules made in the exercise before the transition time of the power conferred by section 295 of the new Act.
(2) Subsection 295(6) of the new Act does not apply to the making of the rules.
(3) Before making rules that would affect the practice, procedure or operations of the Tribunal, the Minister must consult the President of the AAT.
(1) Schedule 2, item 170, page 68 (lines 11 to 24), omit section 367A.
Studies have revealed that trauma, particularly of the kind experienced by people seeking asylum, often leads to memory loss or gaps, loss of concentration, impairment in cognitive function and the deterioration of mental health.
For some people seeking asylum, the need to cope with past traumas may lead to avoidance, suppressing memories, or dissociation when prompted to recount their experience of these traumatic events. This can explain why there may be a lack of detail, incoherence or gaps in an applicant's retelling of an event …
The House divided. [11:48]
(The Speaker—Hon. Milton Dick)
(3) Schedule 2, item 160, page 67 (lines 1 to 6), omit the item.
(1) Schedule 2, item 171, page 69 (line 15), at the end of subsection 368(1), add:
; and (e) inform the applicant, where possible, of any further steps needed to be taken by the applicant in order to have their matter finalised.
The House divided. [12:14]
(The Speaker—Hon. Milton Dick)
That this bill be now read a third time.
That this House:
(1) notes that:
(a) the routine CPI indexation that took effect yesterday will increase Jobseeker payments by just 96 cents per day, and other income support payments including Disability Support Pension and Carer Payment by similarly nominal amounts;
(b) indexation will lift the Jobseeker payment to just $55 a day (including the energy supplement), which equates to less than half the minimum wage full-time;
(c) this increase is insufficient to prevent the widespread distress experienced by income support recipients due to inadequate payments alongside rising prices and rent; and
(d) the Government's media release, announcing these changes, titled 'indexation puts more in the pockets of millions of Australians', does not acknowledge that income support payments are not enough to cover the cost of essential goods and services including housing, food and energy; and
(2) calls on the Government to significantly increase income support payments, beyond indexation, in the upcoming May budget.
That so much of the standing orders be suspended as would prevent the member for North Sydney from moving the following motion:
That this House:
(1) notes that:
(a) the routine CPI indexation that took effect yesterday will increase Jobseeker payments by just 96 cents per day, and other income support payments including Disability Support Pension and Carer Payment by similarly nominal amounts;
(b) indexation will lift the Jobseeker payment to just $55 a day (including the energy supplement), which equates to less than half the minimum wage full-time;
(c) this increase is insufficient to prevent the widespread distress experienced by income support recipients due to inadequate payments alongside rising prices and rent; and
(d) the Government's media release, announcing these changes, titled 'indexation puts more in the pockets of millions of Australians', does not acknowledge that income support payments are not enough to cover the cost of essential goods and services including housing, food and energy; and
(2) calls on the Government to significantly increase income support payments, beyond indexation, in the upcoming May budget.
The House divided. [12:48]
(The Speaker—Hon. Milton Dick)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024
That this bill be now read a third time.
Australian Research Council Amendment (Review Response) Bill 2023
That the amendments be agreed to.
The House divided. [13:02]
(The Speaker—Hon. Milton Dick)
Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023
So the entire point to the prominence conversation is to remove the friction … What we're saying is the consumer should know that we're available, it's free …
… the ABF stands ready to adapt … to deliver the best outcomes for the community.
The energy affordability crisis facing Australians thanks to this Government's policies
Now I see you're just somebody
Who wastes all my time and money
What a lie, you and I
What about your
Your 10, 000 promises?
That you gave to me
Your 10, 000 promises
That you promised me
Once I could handle the truth
When the truth was you and I, ooh
But time after time all the promises
Turned out to be all lies …
Oh, it ain't no fun no more
I don't know what to say
The honeymoon is over, baby
It's never gonna be that way again
Nuclear power is a lot like the Liberal Party. No help to anyone today, completely wrong for Australia's future, and notorious for waste that takes forever to clean up.
National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No. 1) Bill 2024
That the amendments be agreed to.
Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Bill 2024
Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023
Dr Boyle is loved and respected by patients and staff alike. He always makes time for people and puts extraordinary care into his work. His work ethic is second to none.
The DEPUTY SPEAKER ( Ms Payne ) took the chair at 09:30.
Australians' retirement savings have too long been an ideological plaything of the government, unconcerned about real outcomes for women and more about who is on the board of the industry superfund. Instead of focusing on making super work for women and others who need it in retirement, opponents of superannuation constantly tried to undermine our system. Superannuation … should be above petty partisan politics.
I came away from last Thursday, to be honest, wishing I had known Linda better. In that, I take away a lesson.
I always valued Linda's wise counsel. She was a loyal friend and colleague. And I was always in awe of her fearlessness and forensic analytical skills, which she applied in pursuit of strong convictions all the while charming people with her quick, sharp wit.
I am honoured to Chair the Committee and look forward to the Committee playing its role in cementing the NACC as a truly independent and effective national integrity body.
The arts let us delve into other worlds and see ourselves and our society reflected back, for better or worse. They allow us to imagine new possibilities and better ways of doing things. People like to talk about the economic value of the arts, but their true value goes far beyond dollars and cents. Artists and creative professionals are talented, clever and possess the power to impact lives through their skill. I stand in awe of the things they do.
The arts let us delve into other worlds and see ourselves and our society reflected back, for better or worse. They allow us to imagine new possibilities and better ways of doing things.
Maurice Blackburn also brought me into contact with people during the hardest times of their lives. I am forever grateful to the many dedicated lawyers who shared their knowledge and impressed on me the need to listen and understand what is going on for clients, both legally and personally. Learning how to give people straight advice about their prospects has held me in good stead ever since.
One promise I can make is that no-one here will die wondering what I think. People will always know where I stand, and already know that I'm not afraid of saying what's on my mind. … I will fearlessly and, some may say, relentlessly pursue action that will make our national community and the state of Victoria a better place for all of us.
I will fearlessly and … relentlessly pursue action that will make our national community and the state of Victoria a better place …
Australian democracy is more fragile than we realise. … I think everyone in this parliament has an important role in restoring the public's trust in the political process. We must remain able to consider turning points in our thinking. We might not agree with each other or those who are advocating to us, but not listening is always a mistake.
I thought of my mother and her love of jigsaw puzzles that covered our dining room table at home, sometimes for weeks on end.
This may or may not prove to be the hardest puzzle I attempt in my career, but the level of complexity and the picture of a fairer and more just nation that I hope to reveal is a challenge that I'm very much looking forward to tackling head-on, …
I thank the Senate.
Superannuation is yet another area where women get a raw deal.
For some people, their pathway in life is determined by the circumstances of their birth. Governments, however, have the power to open up new choices and opportunities that would otherwise remain out of reach.
My name is Mohammed Hasani. I want you to hear my words. I arrived in Australia nearly 14 years ago as a 12-year-old boy. When I arrived, I was a child. I didn't know anything about the government or Australian rules around immigration. I just wondered if Australia was a safe country, and knew that my father, brother and I came here to be set. My country is dangerous and there is no future there for children. I knew how to play—I was a child; I didn't make a choice to come to Australia. I didn't decide to leave my country. I was a child and my family were trying to keep me safe.
I was surprised about how I was treated. Locked up in detention, treated badly by the Australian government. I didn't come here to make any trouble; I came here to find safety and build a future. My entire future has consistently been beaten down and destroyed because of the government. I have been away from my mother, my entire family for almost 14 years. I have not seen my mother since I was a child. My heart is in pain for her. How is this fair? I feel I am constantly trying to make a life but building towards a future that is blank.
I want everyone to listen to my story, and so many people have the same situation and the same story, young people especially. I ask why I am being punished for a decision that was not mine. I came here as a child. I went to school; I graduated, and my dreams of becoming a police officer or firefighter, a computer technician, getting married, having children and having a home have all been consistently shattered.
My future is blank, my life and future completely in the hands of government and policymakers. I did not come here to do any wrong. I was a child. I'm now almost 27 years old—a grown man—and still my hands are tied. I cannot do anything; I cannot move forward. I keep getting told to wait, wait, wait: just wait for change. But when is this nightmare going to be over for me? Do you know what it feels like to have your entire future being crushed between two rocks? Or being held over a cliff's edge, able to be taken away at any time? When will this fear end for me and for other people in my situation?
In my country I have no future. I have lived in Australia for more than half my life. In Australia, I have no future. While I'm physically safe, my life is being taken away from me and I am dying slowly each day. I thought Australia upheld human rights. How is this upholding the right to be safe, to belong, to live—to live in a country and contribute to this country?
My father brought my brother and I here. Do you know how hard it is to start a whole new life, especially when we have no rights and are not wanted here? I live each day anticipating when this will end and in fear of the life I have managed to build, despite the government's cruelty, being ripped from underneath me. When I heard there was going to be an election coming, I, and many people in my situation, had so much hope for change and a quicker resolution to end our suffering so we can live in peace, but I still don't see any change for me or for others like me. I cannot live like this forever. When I came here, I was a child. Now I am a man. How many more years, how old will I be? How much more of my life will pass before the government decides to make changes?
I want you all to listen to my story and make it so that no child will ever have to face this situation again. If you cannot give me permanent residency or a visa with rights, I want you at least to give me the opportunity to work and contribute to my community so I can have some hope for the future: for freedom, for the chance to live a normal life like everyone else. Despite over a decade of suffering, we will always have hope in the Australian government to do the right thing. I will always have hope. I just want you to think about the situation I am in. Can anyone live a life like this, with no future or no hope?