SENATE

68 SENATE Thursday, 13 October 2016
QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS
Attorney-General
Royal Commission into the Child Protection and Youth Detention Systems of the Northern
Territory
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (15:04): I have additional information to provide in relation to two questions I was
asked earlier in the week. Yesterday Senator Sterle asked me questions without notice regarding the resignation of
Mr Brian Martin as Royal Commissioner into the Child Protection and Youth Detention Systems of the Northern
Territory. As I said in my press conference on Monday, 1 August, and as I told the chamber yesterday, Mr Martin
told me on the morning of Saturday, 30 July, of his wish to resign. The transcript of my press conference, which
has been online since 1 August 2016, the day of the press conference, begins with me saying that. The original
transcript, issued by my office, was drawn from a live captions service, tveeder, which did not include the opening
remarks of the press conference. When my office was made aware of the fact, the full audio was immediately
checked, and the transcript was amended and published online. As I said, it has been online since 1 August.
I can also confirm that, following Mr Martin's indication to me on the Saturday morning of his wish to resign,
the Administrator of the Commonwealth, in Executive Council attended by Senator McGrath and me on the
afternoon of 1 August, revoked Mr Martin's letters patent as royal commissioner and issued letters patent to
Justice Margaret White and Mr Mick Gooda to serve as royal commissioners.
As well, on Tuesday Senator Gallacher asked me about consultation with Mr Mick Gooda, and I provided
certain information to the Senate. As well as that, at my request, one of my senior advisers, Dr Susan Cochrane,
also contacted Mick Gooda and spoke to him for approximately 45 minutes in order to seek his views, and she
reported those views to me. So Mr Gooda was consulted both by me and, at greater length, by Dr Cochrane.
Senator GALLAGHER (Australian Capital Territory—Manager of Opposition Business in the Senate)
(15:07): In relation to the Attorney-General's follow-up on questions taken on notice during question time this
week, I also asked a question this week about when the Solicitor-General first sighted the legal direction,
including the reference to section 10B, the new insertion of section 10B; on what day was he made aware of that;
when did he first sight it; and whether he was given the opportunity to consult or provide feedback. I am just
following up on whether there might be an answer to that question.
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of
the Government in the Senate) (15:07): Not at the moment, Senator, because I have not made that inquiry yet. By
the way, Senator, if my memory serves me correctly, I did answer part of that question. What I took on notice was
the first of the two matters that you have referred to.
Medicinal Marijuana
Health Care: World Mental Health Day
Senator NASH (New South Wales—Deputy Leader of The Nationals, Minister for Regional Development,
Minister for Local Government and Territories and Minister for Regional Communications) (15:08): I rise to table
my responses to questions taken on notice on Monday to Senator Hanson and also to Senator Siewert. I seek leave
to incorporate those responses.
The answers read as follows—
Response to Question without notice from Senator Hanson — Monday 10 October:
The Australian Government's decision has been to regulate medicinal cannabis products as therapeutic goods. There are
constitutional limits to the extent that the Commonwealth can regulate therapeutic goods. All therapeutic goods are subject to
both Commonwealth and state/territory legislation.
In the case of medicinal cannabis products, some states, such as Queensland and Victoria, have decided to introduce or
enact new legislation to facilitate access to these products. Other states have determined that there is no need to change their
legislation.
This is a matter for state governments to decide. In Queensland, access to medicinal cannabis products was absolutely
prohibited until December 2015, regardless of any decisions at the Commonwealth level. In December 2015, the Queensland
government made changes to their regulations to enable, for the first time, access to medicinal cannabis products.
The Commonwealth has no power to directly intercede and overrule the state governments and so is working with them to
ensure, as much as possible, a harmonised approach.
The recent decision by the Therapeutic Goods Administration to schedule medicinal cannabis products to schedule 8 of the
Poisons Standard under certain circumstances is intended to facilitate state/territory laws around medicinal cannabis products.
CHAMBER
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