What happens now that the Democrats have given notice of a motion to amend the Transport Standards?
Here is some information from the Attorney-General's Department about the parliamentary process to bring the Transport Standards into effect, following the notice of motion given by the Democrats.
Relevant law:
Subsection 31(3) of the Disability Discrimination Act (the DDA) sets out what happens if a notice of motion to amend Standards formulated under the Act is received within 15 sitting days of laying the Standards before parliament. It states that:
"If:
(a) notice of a motion to amend the disability standards is given in
either House of the Parliament within 15 sitting days after the disability
standards have been laid before that House; and
(b) the disability standards, whether or not as amended, are subsequently
approved by that House; and
(c) the other House approves the disability standards in the form approved
by the first-mentioned House;
the disability standards take effect in the form so approved from the
day on which that other House approves the disability standards in that
form."
Process:
(i) Senator Cherry/Allison's notice says that the motion to amend the
Standards will be considered 6 sitting days after the notice was given
namely 23 October. .
The matter will be scheduled for debate on that day, but this does not
necessarily mean that the matter will be discussed then. Senator Allison
may postpone debate, or withdraw the notice - in which case, the Senate
and House will still need to approve the Standards in the same form before
they commence.
(ii) When the motion is considered by the Senate, Senator Cherry/Allison
will start by moving the motion. The procedures for dealing with the motion
are a matter for the Senate - it could go into committee to debate the
motion, or could, if it chose, move straight to a vote.
(iii) Once the Senate has approved the Standards in a particular form,
the President of the Senate will refer the Standards by sending a "message"
to the House of Representatives.
(iv) Once the message has been received by the House, it will be reported
and added to the list of government business. The House Table Office has
indicated that, if the message is received on 23 October, the matter could
be added to the list on 24 October (whereas, if it is not received until
24 October, it is most likely to be included in the list on 12 November).
It is then up to the Government to bring the matter on in Government business.
(v) The Standards will take effect on the day when both Houses have approved
the Standards in the same form - ie, on the day the House approves the
Standards in the form already approved by the Senate.
Amanda Davies
Assistant Secretary
Civil Justice Division
