Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard   

Previous Fragment    Next Fragment
Thursday, 2 June 1994
Page: 1152


Senator COLSTON —On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, at the giving of notices on the next day of sitting, I shall withdraw business of the Senate notice of motion No. 1 standing in my name for three sitting days after today.

I seek leave to make a short statement.

  Leave granted.


Senator COLSTON —On 23 March 1994 I reported to the Senate on the committee's concerns with this instrument, which related to a review of a discretion to recognise foreign qualifications. The minister has now provided the committee with information which meets its concerns. The committee is grateful for this cooperation. As usual, I seek leave to incorporate the committee's correspondence in Hansard.

  Leave granted.

  The correspondence read as follows—

17 March 1994

The Hon Michael Lee MP

Minister for Communications and the Arts

Parliament House

CANBERRA ACT 2600

Dear Minister

I refer to the Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment No. 2), RQO 1993/3, considered by the Committee at its meeting of 17 March 1994.

New subparagraph 3(1)(ii) refers to overseas qualifications recognised by the Australian Maritime Safety Authority as equivalent to specified Australian qualifications. This is an important discretion which could affect the ability of a person to earn a living. The Committee would be grateful for your advice on whether such sensitive decisions are subject to review by the Administrative Appeals Tribunal or any other external review agency.

Yours sincerely

Mal Colston

Chairman

30 May 1994

Senator Mal Colston

Chairman

Senate Standing Committee on Regulations and Ordinances

Parliament House

CANBERRA ACT 2600

Dear Senator Colston

Thank you for your letter of 17 March 1994 about the Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment No. 2) that was considered by the Committee at its meeting on 17 March 1994. 1 apologise for the delay in responding to you.

New subparagraph 3(1)(ii) of the Determination refers to overseas qualifications recognised by the Australian Maritime Safety Authority (AMSA) as equivalent to qualifications listed in subparagraph 3(1)(i) of the Determination.

The Committee sought advice as to whether the discretion to recognise overseas qualifications as being equivalent qualifications is subject to review by the Administrative Appeals Tribunal or by any other such external agency.

The power for AMSA to recognise overseas qualifications is contained in Provision 4.6 of the Marine Orders Part 6 (Marine Qualifications—Radio) made under section 425AA of the Navigation Act 1912.

Provision 5.1 of the same Order states that application may be made to the Administrative Appeals Tribunal for a review of a decision made under Provision 4.6. AMSA's discretion to recognise overseas qualifications is thus subject to review.

I trust that this information addresses the concerns of the Committee on this matter.

Yours sincerely

MICHAEL LEE