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Tuesday, 15 March 2005
Page: 87

Senator LUDWIG (6:25 PM) —We might get that answer. It might come up—and then we can then have this debate again. But we still press our amendment. The government’s amendment, which we have not got to yet, states:

In determining whether a direction covered by subsection (9) or (11) is in the interests of justice, the President must have regard to the objective of proceedings that are conducted in a manner that is fair, just, economical, informal and quick.

There are also circumstances the president might have regard to which fall outside of that and which are in the interests of justice. That may limit the issues that the president might have regard to. We then might be in a position where the president says that it does not fall clearly within the definition of ‘a manner that is fair, just, economical, informal and quick’—‘fair’ may stretch broadly enough to cover it but it may not—and the president may then say, ‘It might be in the interests of justice, but then I will fail to be able to deal with some of the circumstances that might arise.’ That is conjecture because of the myriad circumstances that may arise. I certainly cannot imagine all of them, and the law never seems to be short of new and innovative solutions and issues, but in this instance we have endeavoured to provide some structure for the president to follow to at least conclude how the debate is made, ensuring that it is within the interests of justice, and to then come up with one of those other reasons. If these are not all the reasons that the government may think will arise, I am certainly open to a suggestion to add more. We have tried to at least ensure that it is not too complex and lengthy, and we have tried to cover, at least in broad terms, all the circumstances that might arise, not only those which are ‘fair, just, economical, informal and quick’.

Question agreed to.