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Friday, 16 December 1983
Page: 4006

Senator HARRADINE(3.47) —Senator Ryan has not addressed herself to the questions that I posed. Nothing that has been said here has given any indication as to why she cannot, and why the Australian Democrats cannot, accept an amendment. What we are trying to do here is to prevent the indiscriminate delegation of power. It is all very well to say that there is provision for appeal to the Administrative Appeals Tribunal. That is not very satisfying to people who may not have the money and may not have the legal expertise to know that. The Minister's statement that this may be needed to delegate powers of the Sex Discrimination Commissioner and the Human Rights Commission on the community education function is a most important question. I believe that it is even more important, then, that we adopt my amendment, which would ensure that the delegation of the power goes to either the discrimination in employment and occupation committees or an approved statutory body established by a State. If the Minister is concerned about whether the State or the Commonwealth should be involved, that is another matter; but there has to be an approved statutory body .

I believe that this is taking away from the Parliament and, indeed, to mention Senator Haines's point, taking away from the Minister, any power of delegation. This is giving to a non-elected, non-judicial Sex Discrimination Commissioner and Human Rights Commission a very wide power of delegation. The Senate would not be observing its duty if we allowed this to pass without remark and an attempt to amend it.

Amendments negatived.

Senator Martin —Mr Chairman, I indicate that the Opposition wishes to be recorded as having voted for Senator Harradine's amendments.

Senator Harradine —Pursuant to the Standing Orders I wish to have my name recorded as having voted for the amendment.

The CHAIRMAN —Senator Harradine's name will be recorded accordingly. The question is 'that the remainder of the Bill stand as printed'.