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senate vote 2024-05-16#20
Edited by
mackay staff
on
2024-11-05 11:26:55
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Title
Bills — Administrative Review Tribunal Bill 2024, Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2024, Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024; Second Reading- Administrative Review Tribunal Bill 2024 and two others - Committee of the whole - Government amendments
Description
<p class="speaker">Malcolm Roberts</p><p>by leave—President, I ask that my vote be recorded as being in favour of that previous vote.</p>-
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2024-05-16.198.3) introduced by the government, which means they will now be included in the bill.
- ### What did this amendment do?
- According to the [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7117_ems_2ef721bc-a24b-4903-90bd-df4396d61bb2%22;rec=0):
- > *The purpose of these amendments to the Administrative Review Tribunal Bill 2024 (the Bill) is to:*
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- > * *clarify the circumstances in which proceedings can be continued where an applicant dies, or is bankrupt, wound up or in liquidation or administration,*
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- > * *reinstate the approach to secrecy and non-disclosure obligations that currently applies to staff and members of the AAT,*
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- > * *strengthen reporting requirements and transparency in relation to systemic issues in the making of reviewable decisions identified in the Tribunal's caseload, by requiring Commonwealth entities and Ministers to inform the Council of actions taken in relation to such issues.*
<p class="speaker">Sue Lines</p><p>I shall now deal with the Committee of the Whole amendments, starting with the amendments circulated by the government. I understand the minister has documents to table.</p> <p class="speaker">Katy Gallagher</p><p>I table a supplementary explanatory memorandum relating to the government amendments and an addendum to the revised explanatory memorandum to the Administrative Review Tribunal Bill 2024.</p> <p class="speaker">Sue Lines</p><p>The question now is that the amendments on sheet TC112, circulated by the government, be agreed to.</p><p> <i>Government</i> <i>'s circulated amendments—</i></p><p class="italic">ADMINISTRATIVE REVIEW TRIBUNAL BILL 2024</p><p class="italic">(1) Clause 84, page 69 (line 15), omit "the applicant".</p><p class="italic">(2) Clause 84, page 69 (lines 16 to 22), omit paragraphs (1)(a) and (b), substitute:</p><p class="italic">(a) the applicant:</p><p class="italic">(i) dies; or</p><p class="italic">(ii) becomes bankrupt; or</p><p class="italic">(iii) is wound up or otherwise ceases to exist; or</p><p class="italic">(iv) becomes subject to any form of liquidation or administration (however described); and</p><p class="italic">(b) the Tribunal considers that the applicant cannot continue with the substantive application because of the event mentioned in paragraph (a).</p><p class="italic">(3) Clause 84, page 69 (lines 23 to 25), omit subclause (2), substitute:</p><p class="italic"> <i>Another person may apply to continue with substantive application</i></p><p class="italic">(2) The following persons may apply to the Tribunal to continue with the substantive application:</p><p class="italic">(a) a legal personal representative, executor, administrator, liquidator or trustee of the applicant for the substantive application;</p><p class="italic">(b) a person whose interests are affected by the decision.</p><p class="italic">(4) Clause 84, page 70 (lines 3 and 4), omit "the decision does not affect any person's interests other than the applicant", substitute "there is no person mentioned in subsection (2) who can continue with the substantive application".</p><p class="italic">(5) Clause 84, page 70 (lines 7 and 8), omit "or (b) occurring in relation to the applicant for the substantive application".</p><p class="italic">(6) Clause 264, page 220 (lines 6 to 20), omit subclauses (2) and (3), substitute:</p><p class="italic">(2) The report for a financial year must include:</p><p class="italic">(a) a description of any systemic issues related to the making of reviewable decisions that the President has informed the Council of during that year; and</p><p class="italic">(b) a description of any information given to the Council under section 294B during that year.</p><p class="italic">Note 1: One of the President's functions is to inform relevant Ministers, relevant Commonwealth entities and the Council of any systemic issues related to the making of reviewable decisions that have been identified in the caseload of the Tribunal: see paragraph 193(i).</p><p class="italic">Note 2: Section 294B requires Ministers and Commonwealth entities to inform the Council of action taken or proposed to be taken in relation to some systemic issues.</p><p class="italic">(3) The report for a financial year may include a description of any actions taken by the Council during that year in response to a systemic issue related to the making of reviewable decisions.</p><p class="italic">(7) Clause 273, page 230 (lines 7 to 9), omit "There are a number of situations where disclosure by entrusted persons is authorised.".</p><p class="italic">(8) Clause 273, page 230 (line 23), after "this Act.", insert "There is also a requirement that Ministers and Commonwealth entities inform the Council of action taken or proposed to be taken in relation to some systemic issues.".</p><p class="italic">(9) Clauses 276 and 277, page 232 (line 1) to page 233 (line 25), omit the clauses, substitute:</p><p class="italic">276 Application of confidentiality provisions in other Acts and instruments</p><p class="italic">(1) If:</p><p class="italic">(a) a provision of an Act (other than this Act) or an instrument made under an Act prohibits the disclosure of information by persons who:</p><p class="italic">(i) are included in a particular class of persons; and</p><p class="italic">(ii) obtain the information in the performance or exercise of functions or powers under the Act or instrument; and</p><p class="italic">(b) an entrusted person obtains any such information in the performance or exercise of the entrusted person's functions or powers as an entrusted person;</p><p class="italic">the provision applies to the entrusted person as if the entrusted person:</p><p class="italic">(c) were included in the particular class of persons; and</p><p class="italic">(d) obtained the information in the performance or exercise of functions or powers under the Act or instrument.</p><p class="italic">(2) Paragraph (1)(a) applies whether the provision prohibits the disclosure of information absolutely, in certain circumstances only or subject to conditions.</p><p class="italic">(10) Page 249 (after line 24), at the end of Division 5, add:</p><p class="italic">294B Minister and Commonwealth entities to inform Council of action on systemic issues</p><p class="italic">Within 3 months after the President informs a Minister or Commonwealth entity in writing of a systemic issue related to the making of reviewable decisions that has been identified in the caseload of the Tribunal, the Minister or entity must inform the Council of the action the Minister or entity has taken or proposes to take in relation to the systemic issue.</p><p class="italic">Note: For the President's functions in relation to systemic issues, see paragraph 193(i). For the Council's functions and reports in relation to systemic issues, see paragraph 249(1)(c) and section 264.</p><p></p> -
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