2nd Dec 2020, 7:24 PM – Senate Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and another - in Committee - Reasons and review

The same number of senators voted for and against the amendments - namely, amendment (1) on sheet 1151 and amendment (1) on sheet 1152 - which means they failed. They had been introduced by South Australian Senator Rex Patrick (Independent).

What did these amendments do?

Senator Patrick explained that:

The Senate has declined to include an AAT review process. So what these amendments together seek to do is to remove the prohibition in the bill for a review under the Administrative Decisions (Judicial Review) Act and to require the minister to provide reasons for a decision.

Amendment text

Sheet 1151 An amendment to Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020

(1) Page 62 (after line 25), after Division 2, insert:

Division 2A—Statement of reasons for decisions

51A Statements of reasons for decisions

Notice of decision must include statement of reasons etc.

(1) The notice that the Minister is required to give under this Act in relation to a decision by the Minister must contain:

(a) a statement of reasons for the decision in accordance with subsections (2) and (3); and

(b) information about the right to have the decision reviewed.

(2) The statement of reasons must include:

(a) if in making the decision the Minister is satisfied or not satisfied of a foreign relations matter, or has ceased to be satisfied of a foreign relations matter—an explanation of the basis on which the Minister reached that position and the particular foreign relations, foreign policy or other considerations involved; and

(b) if the Minister is required under section 51 to take the matters specified in subsection 51(2) into account in making the decision—an explanation of how those matters have been taken into account and have affected the decision made.

Note: See also section 25D of the Acts Interpretation Act 1901 for other rules about the contents of a statement of reasons.

(3) To avoid doubt, subsections (1) and (2) do not require information to be included in a statement of reasons if the Minister believes on reasonable grounds that disclosure of that information is or is likely to be protected by public interest immunity. However, if information is not included in a statement of reasons on that basis, the statement of reasons must:

(a) state that fact; and

(b) specify the particular grounds for the claim of public interest immunity, including the grounds on which it is considered that it is not in the public interest to disclose the information and the harm to the public interest that could result from the disclosure of information.

Definition of foreign relations matter

(4) For the purposes of this section, a foreign relations matter means a matter that relates to whether a particular action:

(a) would or would not adversely affect, or would be likely or unlikely to adversely affect, Australia's foreign relations; or

(b) would or would not be, or would be likely or unlikely to be, inconsistent with Australia's foreign policy; or

(c) adversely affects, or is likely to adversely affect, Australia's foreign relations; or

(d) is, or is likely to be, inconsistent with Australia's foreign policy.

Sheet 1152 An amendment to Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

(1) Schedule 1, page 3 (line 3), omit the heading.