Page 5012 - Week 16 - Tuesday, 26 November 1991
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I do not intend to traverse the decision that is under reproach in this Assembly, because down the track there may well be some judicial review. I do not want to turn this debate into a trial of that issue. So, I commend the amendment to the house. I do so on the basis that the full range of legislation in society now is open to judicial review. That is because of the increasing realisation within Australia that decisions should be reviewed in the public interest. What better statement of that could there be than that coming from the report of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct by Mr Fitzgerald, formerly a judge of the Federal Court?
I ask members to ponder on this matter, because people have said to me, in the context of this amendment, "You cannot allow the courts to examine the executive discretion of Ministers". It is heretical these days to say that. I read from the erudite words of Mr Fitzgerald:
The Judiciary are empowered to protect an individual from the abuse of governmental powers by ensuring that those powers are kept within the legal bounds imposed by Parliament, and their exercise constrained by accepted principles of natural justice.
... ... ...
Any judicial review of administrative or ministerial actions is limited to review of the manner of the decision-making process.
I stress that. I will repeat it:
Any judicial review of administrative or ministerial actions is limited to review of the manner of the decision-making process.
What I am seeking to attack here is the manner in which the Treasurer approaches her decision making; that is: Will she be fair and reasonable? She has accepted that in question time and therefore, I believe, she must accept subclause (2). How could she disagree with that sentiment? Some of you may think that that is a superfluous sentiment to put into a Bill. Even if it is superfluous, I would enjoin all members to support at least subclause (2) of this amendment, because it sets a standard and it sets a requirement and enjoinder upon the Treasurer to make sure that, as she progresses with this budget, if we approve it, she disburses that money in a fair and reasonable manner. Mr Speaker, I seek a short extension of time.
Leave not granted.
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