judiciary - hofreps - 1970

Contexts in which the word judiciary was used in the House of Representatives during the 1970s

Has the Solicitor-General’s committee furnished the interim report to cover amendments to the Judiciary Act necessary to implement the [More…]
How many former Senators and Members of the House of Representatives in receipt of a Parliamentary pension at present occupy positions in the diplomatic service, the judiciary or the Government service. [More…]
any Member of the Judiciary .. . [More…]
The honourable member shall not reflect upon the judiciary in any form and I would ask him to withdraw his remark. [More…]
As for Ministers or any other person in this House criticising members of the judiciary, after a judgment has been delivered any person in the Commonwealth may criticise that judgment. [More…]
The comments of the Judiciary and the legal profession upon these proposals have been sought and it is hoped that they will be obtained shortly. [More…]
I think every member of this Parliament is wise enough to take any statement by the judiciary seriously. [More…]
Will he, if necessary, take steps to amend the law to ensure that the Court abides by section 78 of the Judiciary Act 1903 which provides that parties may appear personally in every Court exercising Federal jurisdiction. [More…]
From the Minister for Productivity: a Judiciary Diplomatic Representations Bill. [More…]
The honourable gentleman knows that to take advantage of a condolence motion to make reflections of a personal character and upon the professional integrity of a member of the judiciary is quite misplaced. [More…]
It was put strongly during debate in the legislation committee that a warrant for the use of a listening device in connection with a narcotics investigation should be issued by the judiciary and not by the Minister or the Comptroller-General of Customs. [More…]
In particular, the Government has decided that it is appropriate, in relation to a narcotics investigation, for a warrant, authorising the use of a listening device, to be issued by the judiciary. [More…]
No Member may use offensive words against either House of the Parliament or any Member thereof, against any Member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
Mr Deputy Speaker, may I have your indulgence to suggest that the House have a general debate covering this Bill, the Judiciary Amendment Bill 1979, the Federal Court of Australia Amendment Bill 1979 and the Judges’ Pensions Amendment Bill 1979, as they are related measures. [More…]
May I have the indulgence of the House to suggest that the House has a general debate covering this Bill, the Judiciary Amendment Bill (No. [More…]
I was surprised that the honourable member should reiterate the allegation, for it is a practice of this House that the independence and integrity of the judiciary will always be protected. [More…]
I welcome the tabling of this report because at least members of Parliament now know the views of an expert committee that was under the chairmanship of one of the ornaments of the Australian law and judiciary. [More…]
Under the constitutional system as we understand it there is a division of function between the legislature, the Executive and the judiciary. [More…]
There are some people sitting on the sidelines - namely, members of the judiciary - waiting to try to show that the draftsman does not know how to draft a Bill. [More…]
1 think that, if society could get a little more common sense and fewer technicalities from the judiciary, we would get on a lot better and the job of the parliamentary draftsman would be made a lot easier. [More…]
Is it a condition of appointment that members of the judiciary and magistrates under Commonwealth jurisdiction must terminate any association with political parties and their activities. [More…]
If not, is he in a position to state the political affiliations, if any, of any members of the judiciary or any magistrates at present functioning under Commonwealth jurisdiction. [More…]
Will he, before the second reading of a Commonwealth Superior Court Bill, table the Judiciary Act amendments which the Solicitor-General’s committee has drafted to implement the Superior Court proposal (Hansard, 26th September 1969, page 2140). [More…]
Until I have completed my consideration of this major question, it would bc premature to consider tabling the draft amendments of the Judiciary Act that the honourable member hits mentioned. [More…]
Section 10 of the Judiciary Act 1903-1950 states and has stated since 1926, when it was amended - before that there was a similar provision - as follows: [More…]
Which members of the’ judiciary, what staff of the Australian National University and what holders of statutory offices under the Commonwealth receive sabbatical leave. [More…]
and (2) There is not provision for members of the judiciary akin to sabbatical leave. [More…]
Under the law as it stands the position is that in such a prosecution the law to be applied relating to procedure and evidence is, by virtue of the provisions of section 79 of the Judiciary Act, the law applicable in the State. [More…]
Under the Judiciary Act only 2 judges are required to convene a [More…]
In the 2 minutes remaining at my disposal I intend to refer to the judiciary. [More…]
As Australia grows as an independent nation … it is essential that there develop a more critical attitude towards the Judiciary as a whole and towards Judges in particular cases. [More…]
Judiciary Act 1903-1969 [More…]
Is there any means by which the honourable gentleman can stay ex cathedra announcements by supposedly learned and responsible members of the judiciary such as that reported recently in which culpability for a soldiers strangulation of a defenceless woman was laid partly at the door of the Army? [More…]
In the United States of America there are signs of a much more flexible policy; a sub-committee of the United States Senate Judiciary Committee headed by Senator Edward Kennedy has proposed a definition of conscientious objection to include selective objection to a particular war. [More…]
This accords with Commonwealth policy as expressed in the Judiciary Act 1903-1969 and the Privy Council (Limitation of Appeals) Act 1968. [More…]
The need for legislation such as this arises out of what can only be described as the legal complexities of our legal system which result from the Constitution as it has been interpreted by the High Court and the provisions of the Judiciary Act, and which have produced a dual system of laws creating Federal jurisdictions over some matters and areas and State jurisdictions over other matters and areas. [More…]
One man’s meat, as they say, is another man’s poison, a fact now recognised by the American judiciary, which must rule with wearisome frequency on obscenity. [More…]
Since Nelson’s day Malta has developed institutions- executive, parliament and judiciary - during the same years and in the same form as We have developed such institutions. [More…]
We are still only tinkering with the position of the Federal judiciary. [More…]
1 would suggest that if similar actions were taken relative to the High Court or any other judicial body in the community the Minister concerned would be very seriously reprimanded by the judiciary and other people. [More…]
Several prominent citizens, including members of the clergy and the judiciary, took part in establishing a completely new movement to demand justice for pensioners. [More…]
That case did not solve anything because the more thinking people in the judiciary of the United States said it was a bad law. [More…]
The second principle is the independence of the judiciary. [More…]
That was the result of a constitutional guarantee, but it happened in a state where the philosophy is that the judiciary is an arm of the executive. [More…]
The real safeguards for citizens of this country are the principle of equality before the law and the independence of the judiciary. [More…]
I ask the Prime Minister further: Is he aware that in South Africa there is practically 100 per cent freedom of the Press and religion, that passports for departure from the country are freely available, that there is a fair judiciary and that there are other signs of democratic freedom? [More…]
Can the Minister indicate how the judiciary can be made to realise that much stronger sentences should be given in order to discourage dope pedlars of this type? [More…]
Whilst we have the principle of absolute equality of citizens before the law - with everyone, no matter what his station, subject to the law - whilst we have the independence of the judiciary and whilst we have the right of freedom of speech and assembly so long as the freedoms of other people are not infringed, the rights of individual citizens are protected. [More…]
A judiciary, with judges wearing wigs, was imposed on them - it was not their idea. [More…]
It means that if that were the law of this country, it would be an end to the impartiality of the judiciary, it would be an end to judges’ independence and it would be an end to the freedom which they now have to reach decisions based on the evidence and on the arguments that are put before them. [More…]
I am sure that the House will understand that an appropriate person to chair the inquiry, coming from the judiciary, would not be available at a moment’s notice or even at short notice and that the terms of reference would have to be the subject of considerable discussion and consideration both by the department concerned and the Government. [More…]
The Minister said that the reason for the delay had been difficulty in getting an appropriate chairman from the judiciary to conduct the inquiry. [More…]
If the Government wants someone from the judiciary, someone of the calibre of Mr Justice Kerr who is conducting the inquiry into Service pay and conditions, then obviously it may have to wait months or even years. [More…]
The Minister made it clear that the Government wanted someone from the judiciary. [More…]
Unless there is some certainty that a senior person from the judiciary is available pretty quickly, the Government should reconsider its attitude because it is causing unnecessary delay in this important inquiry. [More…]
It seems pointless for the Government to be looking for someone from the judiciary when a select parliamentary committee could be chaired by the honourable member for Moreton (Mr Killen) who has impressive legal qualifications and who is familiar with these problems from the days when he was Minister for the Navy. [More…]
Of course there are circumstances where an inquiry by a senior member of the judiciary is appropriate. [More…]
Also - this is not of the same importance but is related to it - what has happened to the committee which also was appointed by Attorney-General Bowen in October 1968 to review the Judiciary Act and. [More…]
I do not think that it is unreasonable to ask what has happened to the proposal to establish a Commonwealth Superior Court and what has happened to the Judiciary Act Committee which was appointed, pursuant to that proposal, at the same time as the Committee whose report has just been presented was appointed. [More…]
I am aware that it is possible that this may cut costs of litigation but in many cases it would cut out a good deal of justice because in litigation, and particularly in defamation actions, as I have found from personal experience, juries are more human and understanding than the judiciary. [More…]
It seems to me that in the Australian Capital Territory, and elsewhere in Australia, we should preserve the right of every individual to go before a jury in preference to having his case dealt with by the judiciary. [More…]
The judiciary may deal with the appeal and the matters of law but, as a layman, I will always advocate and stand by the jury system as such, even though in many cases the costs may be greater. [More…]
I suppose one could argue that the judiciary is not without its costly errors of judgment. [More…]
So even the judiciary is not without its mistakes, and this can affect the cost of litigation. [More…]
I have not mentioned any member of the judiciary by name. [More…]
Mrs Justice Wiratmo visited Australia from 5th July to 26th July to exchange views with Australian jurists and officials, particularly about social welfare legislation, juvenile courts and systems of appointment to the judiciary. [More…]
While quite obviously the law as it stands must be observed by the judiciary there are available discretionary powers such as the imposition of a bond as a deterrent to repetition of the offence. [More…]
I suggest to him that the reason is simple: It is not that the judges are idiots; it is not that the judges - the judiciary - are insensitive to the problem, nor are they unsympathetic to what the Minister is trying to do. [More…]
quite frankly, I could not divorce from my thoughts my opposition to or my hatreds, as the case may be, of honourable members opposite if I were promoted to the judiciary tomorrow. [More…]
Quite frankly, I would find it difficult to give any of them a very fair trial if 1 were a member of the judiciary.’ [More…]
Judiciary Act: Examination by Committee (Question No. [More…]
On what dates since 18th September 1969 (Hansard, 26th September 1969, page 2140) have there been meetings of the committee appointed in September 1968 to consider the provisions of the Judiciary Act (Hansard, 22nd October 1968, page 2217, 24th October 1968, page 2392, 25th February 1969, pages 66 and 107, 26th September 1969, page 2140 and 16th September 1970. page 1250). [More…]
The Judiciary Act Review Committee has met on the following dates since 18th September 1969- 24th March 1970, 18th May 1970, 23rd June 1970, 30th June 1970, 2nd September !970, 16th September 1970, 10th November 1970, 9th December 1970, 17 December 1970, 2nd February 1971, 19th February 1971, 11th March 1971, 30th September 1971, 10th November 1971. [More…]
But we should remember that this is the place where laws are made and if the law has been found to be inadequate to accommodate the idealism of the Government then all we need to do is to make new laws so that His Honour Mr Justice Blackburn or any other distinguished gentlemen from the judiciary will uphold the law which this Government enacts to give effect to its desires. [More…]
Of course, the Government is not averse to appearing before the Commonwealth Conciliation and Arbitration Commission to coerce the judiciary there into denying the trade union movement of Australia what is its just economic due. [More…]
No Member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
Under this Government we find that for the salaries of top public servants, the judiciary and conciliation commissioners the sky is the limit. [More…]
It is almost time that we called a halt to the huge salaries being paid to the judiciary, to the top public servants and to other sections of society, and gave more to the people who really need it, such as those on $52 a week and others. [More…]
I want to refer to and commend an article by Mr T. Fitzgerald in Finance Week’ in which he pointed out that the Government has not confidence even in its own judiciary acting in the Arbitration Commission. [More…]
In order to explain the American thinking behind this public examination of the Bills by committees, Mr Odgers quoted Mr Alexander Wiley, former Chairman of the United States Senate Committee on the Judiciary, who said: [More…]
I refer to the judiciary, the police and the news media. [More…]
The judiciary, thank heavens, is still independent in South Australia but already we have seen the Labor Administration there put the Police Commissioner of South Australia under government ministerial direction. [More…]
Finally, will the Minister seek the co-operation of all States in order to have a teach-in for some members of the so-called learned judiciary so that they, too, might learn of the destructive qualities of a narcotic such as heroin? [More…]
It was also remarkable to see the views of a former member of the South Australian judiciary who wrote to an Adelaide newspaper early this week. [More…]
With attitudes like that in the judiciary it is timely that industrial matters were removed by this Government from the purview of civil courts. [More…]
Another point about this Committee is whether the Labor Party in government has forgotten about the separation of the powers of the legislature, the executive and the judiciary which is fundamental to our constitution. [More…]
That is set down not by the Constitution - section 71 of the Constitution permits an unlimited number of judges in the High Court - but by section 4 of the Judiciary Act. [More…]
we are to preserve our democracy we should have such a system - by which men in high positions of trust, even the judiciary and other men in high, influential legal positions, should have to declare their assets when they accept a responsible position and every 3 years thereafter. [More…]
I believe that members of judiciary in Australia need to receive a range of benefits which again parallel the great responsibility they are called on to exercise. [More…]
Consequently the difference between the benefits received by members of the judiciary and parliamentarians relates to that factor. [More…]
The whole Bill provides a significant improvement for both parliamentarians and members of the judiciary. [More…]
The Opposition, and certainly the Country Party element of it, supports the changes and believe that they will be in the interests not only of the Parliament and the judiciary but of the whole of the Australian community and those who in the future might stand for positions in either sector. [More…]
One of these areas is the judiciary provisions of the Act. [More…]
and (2) Appointments to boards, commissions, advisory bodies and the like have been drawn from many areas, including the judiciary, commerce, industry, primary industry, education, science and the arts a.> well as from trade unions and employers’ organisations, on the basis of the experience and expertise of the persons concerned. [More…]
I wish to refer specifically to section 72 of the Constitution which relates to the judiciary. [More…]
I realise that by speaking about the judiciary I am about to step upon hallowed ground. [More…]
These constitutional provisions were the basis of the tenure of the judiciary in the Australian colonies before Federation; that is, judges held office during good behaviour and could be removed by the Crown for misbehaviour without an address from Parliament, subject to appeal to the Privy Council. [More…]
I have opposed in the past the concept that all wisdom is deposited in the minds of the judiciary. [More…]
The performance of the judiciary in our British and Australian societies has to comply with the rules. [More…]
I think it is a pity that leaders of the judiciary come down from the bench occasionally and make statements like this which are essentially political because they invite political answers to the statements which they make. [More…]
The honourable member - a member of the Liberal Party - would challenge the integrity of the judiciary! [More…]
However, the Australian Parliament can remove this jurisdiction from the State courts, for example, by inserting a new provision in the Judiciary Act to remove the jurisdiction. [More…]
Already there are some provisions in the Judiciary Act which could, perhaps, enable cases that are commenced in a court of a State and which involve the exercise of such jurisdiction to be removed into the High Court. [More…]
The proposal is that the Chairman should be either a member of a State judiciary or an exmember of a State judiciary. [More…]
The dichotomy I referred to is in relation to the salaries of Ministers and of the Federal judiciary. [More…]
I accept the statement made by the Minister for Secondary Industry (Mr Enderby) a few days ago when he mentioned that certain statutory officers as well as members of the judiciary and members of Parliament would have recommendations or determinations made by a tribunal as to their salary code and as to the allowances that would be granted. [More…]
The honourable member for Hunter will be out of order in any criticism of the judiciary. [More…]
I cast no aspersions on the judiciary, Mr Deputy Speaker. [More…]
Beyond the media, we look for other evidence of impartiality, particularly for a free judiciary. [More…]
Because the Superior Court will be a federal court for the purposes of section 5SB of the Judiciary Act a legal practitioner admitted to practice before the Supreme Court of any State or Territory would be entitled to practise before the Supreme Court in its Territory jurisdiction. [More…]
Constitutional questions should be dealt with in State courts unless they are of such significance that they should be removed into the High Court, and this can be done under provisions which ought to be inserted in the Judiciary Act by way of amendment. [More…]
It would consider and report to Parliament on the state of the judiciary including the exercise of Federal jurisdiction by State courts. [More…]
It will require a creative effort on the part of all - parliaments, legal profession and judiciary. [More…]
A lot has ben made of the fact that in my second reading speech I quoted some very esteemed previous members of this Parliament and of the judiciary in Australia who had supported the proposition that the Government now brings forward. [More…]
If members of Parliament are to be subjected to this form of public scrutiny, then why not the judiciary? [More…]
It could apply to members of the judiciary, to public servants and to municipal and shire councillors. [More…]
Matters of great substance are involved, including the privacy of members of Parliament, the need to think very deeply about the form that any proposed legislation should take, the question of how far the register should go if it is instituted and whether it should stop at just members of Parliament or should be extended to the judiciary, members of unions or wherever. [More…]
But I will not take up the time of the departments, my colleagues or the judiciary in investigating sheer allegations such as he has now twice made without substance. [More…]
It is interesting and relevant to note that both Sir Owen Woodhouse and Mr Justice Meares are outstanding representatives of a judiciary founded upon our English common law. [More…]
No Member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
If the legal process is to retain the confidence of the nation, the extent to which the High Court exercises its undoubted power not to adhere to a previous decision to its own must be consonant with the consensus of opinion of the public, of the elected legislature and of the judiciary as to the proper balance between the respective roles of the legislature and of the judiciary as law makers. [More…]
It may be influenced by the federal or unitary nature of the constitution and whether it is written or unwritten, by the legislative procedure in Parliament, by the ease with which parliamentary time can be found to effect amendments in the law which concern only a small minority of citizens, by the extent to which Parliament has been in the habit of intervening to reverse judicial decisions by legislation; but most of all by the underlying political philosophy of the particular nation as to the appropriate limits of the lawmaking function of a non-elected judiciary. [More…]
The difference is that the United Kingdom does not have a written constitution and therefore no piece of legislation may be declared by the judiciary in the United Kingdom to be constitutionally invalid. [More…]
This raises the most crucially important question and constitutional issue of the separation of powers between legislatures Executive and judiciary. [More…]
As regards this particular piece of legislation, I think that everybody would agree that it is important that the judiciary should attract the best personnel. [More…]
In this context I also question the costs of establishing a very considerable family court infrastructure, in view of the limited number of appropriately qualified persons from the bar, especially in the case of New South Wales, could cause a relative fall in the standard of the judiciary with the result that the very people- the litigants whom this Bill is supposed to help- will probably have to incur increased costs in their search for a satisfactory divorce settlement. [More…]
The deliberations which led to the drafting of the Constitution envisaged the role of the Commission as being complementary to Parliament, the Executive and the judiciary, and the existence of a body of such stature, with wide powers to deal with the interests of all parties involved in or affected by, transport has been a persuasive argument in leading the Government to this decision. [More…]
It was envisaged quite clearly by the founding fathers in their deliberations and was made clear in the drafting of the Constitution that an InterState Commission would be established and that the role of the Commission would be complementary to that of the Parliament, the Executive and the judiciary. [More…]
One can question whether the Government ‘s original intention to plan and provide means of communication between the States has not been surpassed and bypassed by a Bill which has as its ultimate objective the complete throttling of the finances of the States’ service responsibilities and the harnessing of these to control by a body outside the scope of the Parliament, the Executive and the judiciary. [More…]
I do not believe that anything should be done that could compromise the position of the High Court or create any suspicion that the Parliament itself has doubts about the matter until the High Court itself- the highest court, the highest judiciary, in the land- has had an opportunity to express its views. [More…]
Nothing that we, or any administrative body, or a member of the judiciary might decide can affect the case going to the High Court if one or other of the Houses in its wisdom decides that the case should go to the High Court. [More…]
There has been some criticism of the requirement that the presidential members shall be appointed only from persons qualified for appointment to the judiciary. [More…]
But with regard to this Tribunal we are faced with a legislative proposal which does not merely aim at supplementing our liberties, but with one which is aimed actually at altering and adding to our judiciary system in a quite substantial manner. [More…]
The first one is the separation of the powers of the legislature, the Executive and the judiciary. [More…]
First of all, an independent judiciary. [More…]
There is no need at all to dwell on that because that would be accepted by all of us- an independent judiciary. [More…]
Second, a competent judiciary able to deal with the cases before it. [More…]
The second requirement is a competent judiciary. [More…]
I believe that the judiciary should make its own contribution to law reform in this country and there should be a means through which the judiciary can make that contribution. [More…]
For certain we have a strong, capable and independent judiciary. [More…]
On the other hand, there may be something to be said for a system which would establish a judicial commission to recommend appointments to governments in relation to the judiciary. [More…]
The Standing Orders state that honourable members are not to cast aspersions on the judiciary or the Governor-General. [More…]
The very argument that we should end all appeals is put on the basis that we are an independent country and we should end all appeals with our own judiciary and a final line of law should remain in Australia. [More…]
I say: Thank God for an independent judiciary. [More…]
I say that with due respect for the judiciary of one of the most eminent benches in the world today. [More…]
No Member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary , or against any statute unless for the purpose of moving for its repeal. [More…]
Members of the Opposition who are making accusations and maligning members of the royal commission and denigrating members of the judiciary should go to tomorrow’s meeting of the royal commission and give evidence. [More…]
Further, I remind honourable members that while he was a justice of the High Court of Australia, Sir Owen Dixon, who later became Chief Justice, was appointed Australian Minister to the United States in 1942 and the Judiciary (Diplomatic Representation) Act 1 942 was passed to enable him to hold that office in addition to his judicial office. [More…]
It is a difficult task to impose upon the judiciary and it does not enable consultation with the Parliaments by way of reference or consultation with the people of Australia by way of referendum. [More…]
National Country Party to betray the judiciary of this nation and to betray the Constitution? [More…]
It is not only the institution of Parliament that is now threatened but also the judiciary, the Public Service and the statutory arms of government are now under threat. [More…]
When the present Opposition came into power it put the security organisation under the control of a military person- I think it was Colonel Spry- who was not trained to the same degree as a member of the judiciary in the freedoms and rights of the British people, which applied also to the Australian people. [More…]
Standing order 75 provides that members may not criticise judges or members of the judiciary, unless a special motion of disapproval is carried. [More…]
They are: The Judiciary Act, the High Court Rules, the Defence Act, the Bankruptcy Act, the Re-Establishment and Employment Act, the Interim Forces Benefits Act, the Courts Martial [More…]
One other principle that was distorted in the course of coming to that decision was a doctrine that used to be known as the separation of powers; that the legislature, the executive and the judiciary are all essential parts of the system but each is separate and distinct. [More…]
But the judiciary, as is its custom, has shown its independence in recent weeks. [More…]
Because of a question that was raised in South Australia- I think in a case relating to custody with no associated divorce proceedings- section 40A of the Judiciary Act has operated to cause a question as to the validity of the Family Law Act to be before the High Court. [More…]
A similar provision was contained in the Judiciary (Diplomatic Representation) Act 1942 which provided for the appointment of Sir Owen Dixon, then a justice of the High Court of Australia, to be Australian Minister to the United States. [More…]
To add insult to injury we have seen the breaking of the traditional separation of powers between the judiciary and the Parliament. [More…]
Thirdly I propose that an independent tribunal be established, headed by a member of the judiciary and consisting of representatives of ethnic communities, to hear appeals from persons ruled ineligible for the amnesty. [More…]
Such a tribunal which would deal with individuals should be headed by a member of the judiciary. [More…]
Those people got leave of absence from the judiciary, the university or the Commonwealth Public Service, and when the commission was disbanded they were able to get their jobs back. [More…]
While my faith in appointments from the judiciary has been shaken in other contexts, I continue to believe that it is important for the head of ASIO to be a judge. [More…]
Standing order 75 provides that honourable members may not criticise members of the judiciary unless a special motion of disapproval is moved. [More…]
Let me make this point: The Attorney-General then has power under the Judiciary Act- the relevant section is 71 A- to file a prosecution whether or not there has been a preliminary inquiry for an indictable offence. [More…]
On that basis, the Attorney-General should give serious consideration to whether he should file an indictment under section 71A of the Judiciary Act. [More…]
I would like to endorse the view expressed by the honourable member for Kingsford-Smith that it is extremely important that published copies of all legislation be readily and cheaply available in an up-to-date form not only to the legal profession, to the judiciary, to public servants and to students, but also to individual people who may have particular problems which require reference to legislation. [More…]
It has been accepted for decades among the judiciary, the law officers of the Crown and the legal profession that the High Court of Australia ought to be relieved of much of its original jurisdiction and some of its appellate jurisdiction. [More…]
In September 1968 the Attorney-General appointed a committee to consider the provisions of the Judiciary Act. [More…]
Even then I received justice from the people not from the judiciary. [More…]
The result, today, is that one person out of every four in Australia is employed in the public sector, in various forms, such as public service, education, railways, electricity supply, health services, airlines, banking, insurance, telecommunications, broadcasting, housing commissions, CSIRO, public works, not to mention police forces, the judiciary, courts and the armed forces. [More…]
The more one thinks about it- of course, he stressed the fact that this has not anything to do with publicity- the more one feels the desirability of courts basically being open so that people can go in, see what is going on and feel a certain confidence in the judiciary. [More…]
This Bill is the first of a series of proposals the Government hopes to bring before the Parliament relating to the revision of the Judiciary Act. [More…]
The Judiciary Act provides, in general terms, for the appellate and original jurisdiction of the High Court and for the exercise of federal jurisdiction by State courts. [More…]
The scheme of the Judiciary Act is broadly as follows: [More…]
This position was finally established by the Judiciary Act 1968. [More…]
The provisions of the Judiciary Act, sections 38a and 40 a, giving the High Court exclusive jurisdiction in matters involving inter se questions- except in criminal matters- and ensuring automatic removal of inter se questions from State courts into the High Court would be repealed. [More…]
As honourable members will appreciate, the present Bill contains a number of significant and far reaching reforms to the Judiciary Act. [More…]
They stem from work done by the Judiciary Act Review Committee which was established in 1968 and I would like to pay tribute to those who worked on that Committee. [More…]
I was the first Minister to appoint women to the Federal judiciary; the first Minister to appoint a woman as an arbitration commissioner I appointed two of them- and the first to insist upon the appointment of a female first assistant secretary. [More…]
He probably has had more experience on land tenure and land valuations than any other member of the judiciary in the whole of the Commonwealth of Australia. [More…]
I do not want to deal with individual cases but, with the greatest respect, I thought that under our constitutional system, including the conventions under the Constitution, the judiciary was independent. [More…]
I believe the judiciary in this country is independent and that it will retain its independence. [More…]
It is totally at variance with the independence of the judiciary which has been sustained and supported over many years of constitutional endeavour. [More…]
It might be noted that this provision for appeal to the High Court is more restricted than the provision for appeal from State Supreme Courts under the Judiciary Amendment Bill now before the House. [More…]
The Judiciary Amendment Bill now before the House, together with other measures yet to be introduced, will give to the State courts new jurisdiction in constitutional matters and in tax and industrial property. [More…]
The Federal judiciary will, by this Bill, be better placed to handle the important areas of trade practices and administrative law, in addition to bankruptcy and industrial law. [More…]
We in Australia value our judiciary. [More…]
To try to make political capital out of matters which are presently before the judiciary is, of course, in keeping with the total lack of knowledge of the constitutional independence of the judiciary of this country which honourable members opposite display. [More…]
In respect of another measure, the Judiciary Amendment Bill, I indicate to the AttorneyGeneral (Mr Ellicott) that the Opposition proposes to move amendments to clause 3. [More…]
Another matter that is of perhaps more concern is the amendment to the Judiciary Act. [More…]
The Attorney proposes to amend to the Judiciary Act in the sense that the Parliament itself will indicate what jurisdiction should be available. [More…]
Nevertheless, the Judiciary Act amendment does indicate that there are to be major restrictions in matters of appeal which may be now brought as of right to the High Court from any State supreme courts and other State courts exercising Federal jurisdiction. [More…]
We are advised generally that at the present time section 38a of the Judiciary Act has the effect that only the High Court may decide questions as to the limits inter se of the constitutional powers of the Commonwealth and those of the States, and that present section 40a provides for automatic removal to the High Court of cases commenced in other courts which raise such a question. [More…]
The present section 45 of the Judiciary Act permits the High Court, on the application of a party, only to remit to a State court having jurisdiction in any matter any cause orginally commenced or pending in the High Court. [More…]
We propose to move an amendment in the committee stage of the consideration of the Judiciary Amendment Bill to give an appeal as of right where the matter concerned involves an interpretation of the Constitution. [More…]
Clause 10 of the Judiciary Amendment Bill proposes to create a new power for the Commonwealth or a State Attorney-General to intervene in any case between private parties pending in any Federal court, any Territory court and any State court exercising Federal jurisdiction if the case involves a matter arising under or the interpretation of the Constitution. [More…]
With respect to the new rights of legal practitioners, clause 8 of the Judiciary Amendment Bill proposes the insertion of a new section to confer a new right on legal practitioners who are now entitled to practise in Federal courts to practise in any court of any State in a case where that court is exercising Federal jurisdiction. [More…]
We basically support the tenor of all the legislation, except for the 2 matters that I mentioned at the commencement of my speech, one of which will involve the moving of an amendment in the Committee stage of the Judiciary Amendment Bill. [More…]
I move now to deal with the Judiciary Amendment Bill. [More…]
There are, however, one or two matters which give me concern and they fall within clause 35 of the Judiciary Amendment Bill. [More…]
There is a useful provision in the Judiciary Amendment Bill which relates to the question of legal representation in the various States. [More…]
I suggest that a myth surrounds this nation’s judiciary. [More…]
I make it quite clear that I am not opposing the new Federal Court of Australia but rather I am endeavouring to tear away the wraps of mystery which surround our judiciary and facilitate the payment of salaries far in excess of the salaries of the nation’s parliamentarians and more significantly way ahead of the nation’s Ministers. [More…]
Even the Attorney-General’s salary is $10,000 behind the salary paid to many members of the nation’s judiciary. [More…]
I have done some work on the numbers in the nation’s judiciary. [More…]
I said before that if politicians are 2-bob a dozen the judiciary could be sold at 25c a dozen. [More…]
Yet when we look at the salaries paid to the judiciary and compare them with the salaries paid to parliamentarians the figures are not so close. [More…]
I will not reflect on the judiciary because that is against Standing Orders. [More…]
I ask you, Mr Deputy Speaker: Does this indicate to you that perhaps the Ministry- whether it be a Labor Ministry or a Liberal Ministry- is being grossly underpaid or that perhaps the nation’s judiciary is being grossly overpaid? [More…]
If anyone suggested for a moment that a man in has late eighties was not quite as able as a much younger man to produce a judgment, that person would face a great deal of problems for having made such a suggestion against a member of the judiciary. [More…]
I also believe that it is high time the Government of the day either reviewed the salary ranges of the Ministers to bring them up to the level of those of the judiciary or, alternatively, ensured that the judiciary has its salaries pegged until such time as the Ministry- the men in whose hands we have entrusted the future of this nation- are paid the same salaries. [More…]
Either the nation’s Ministers are being hopelessly and recklessly underpaid, or the judiciary is being recklessly overpaid. [More…]
It is a pity that I have to answer an honourable member from my side of the Parliament who has made a very strong attack on the judiciary. [More…]
If I may say so with respect to him, it was an unfortunate attack because the judiciary, of course, cannot protect itself from such attacks, which have been traditional in the Parliament over the years since Federation. [More…]
The honourable member cited the number of members of the judiciary in Australia. [More…]
But the superior courts, by and large, consist of a small number of judges compared to the figure of 500 or 600 members of the judiciary mentioned by the honourable member for Griffith. [More…]
To some extent I have sympathy with him but when this question was discussed by the Judiciary Act Review Committee as far back as 1969 the problem quickly arose of finding another basis. [More…]
I would like to thank all those who have participated in this debate for the constructive way in which they have dealt with the matters raised in these important and significant Bills which in effect are reforming the Federal judiciary in this country. [More…]
As with the Federal Court of Australia Bill these amendments arise out of the fact that the Judiciary Amendment Bill was laid on the table for some months. [More…]
I might make the point that in another debate earlier today it was suggested that the judiciary and magistrates may not work as hard as politicians. [More…]
I suggest that is the wrong atmosphere to create and will not assist either the Parliament or the judiciary. [More…]
I did not suggest that the judiciary was not hard working. [More…]
Clause 1 1 ensures that State courts shall have jurisdiction with respect to these offences in accordance with the Judiciary Act 1903, but, except in the case of trials on indictment for offences committed in a State which, by section 80 of the Constitution, must be heard in the State where the offence is committed, this clause permits the State courts to exercise jurisdiction without regard to the limitations imposed by the Judiciary Act as to locality of the offence. [More…]
that section 78 of the Judiciary Act does not apply to an applicant for special leave to appeal to the High Court. [More…]
He also disagreed with the view of McTiernan J. that section 78 only provides a rule of practice and as such is subject to the power conferred on the Justices of the High Court by section 86 of the Judiciary Act to make rules of court regulating the practice and procedure of the Court. [More…]
Having regard to the decision of the High Court in the case referred to, it must be taken that, as a matter of law, section 78 of the Judiciary Act does not confer on an applicant for special leave to appeal to the High Court a right to be present personally in the Court and to argue his case on the application for special leave. [More…]
Whether section 78 should be amended in any respect is a matter that will be considered by the Judiciary Act Review Committee now examining the Judiciary Act and the Committee will report to me on this matter in due course. [More…]
I want to say a few words about the relationship of the Parliament to the Executive and to the judiciary. [More…]
In relation to the judiciary the Parliament is still the highest court in the land. [More…]
I now hear the absurd proposition being put that members of the National Parliament are required to sign chits every time they use a Commonwealth car but that members of the judiciary need not do so. [More…]
More importantly, however, it will help to secure the independence of the federal judiciary, notwithstanding the existence of a procedure for fixing retiring ages. [More…]
This will remain the formal ultimate guarantee for the independence of the federal judiciary. [More…]
It will provide for federal judges to retire at an appropriate age without in any way interfering with the independence of the judiciary. [More…]
The Bills deal with the structure of the Federal legislature and the Federal judiciary. [More…]
It really brings the circumstances of the judiciary into parallel with those of other members of the community. [More…]
Of course many people over that age can still have full possession of their mental faculties, but the incredible record of longevity of members of the Federal judiciary read out by the Leader of the Opposition indicates that normally on retirement members of the High Court and other Federal courts have been considerably older than people in other professions. [More…]
There is no suggestion that in any way the independence of the judiciary is being threatened by this question but a more rational and generally acceptable age of retirement is being set. [More…]
Without meaning any disrespect to elderly members of the judiciary, many of whom are distinguished and have had a most outstanding career in the law, I believe that younger judges are closer to the people and that younger judges can offer much more to a growing and developing country such as Australia. [More…]
The important point is that the judiciary must to an extent be remote from the community. [More…]
If there was objection to that redistribution proposal after it had been perused by the Parliament- I do not think the issues should have been decided by the Parliament because there are impediments- any objection to it should have been made to people who are above being accused of political bias, such as the judiciary. [More…]
I would like to suggest to the Minister that during this inquiry examination should be made of the question of making it mandatory for the position of Distribution Commissioner to be held by persons from the judiciary. [More…]
However, it may be that the Crown Solicitor could be asked by me under section 55e of the Judiciary Act to represent them. [More…]
The report also records the private discussions which the Commission had with members of the judiciary. [More…]
As the interests of the senators and members which will be argued are the same as those of the Commonwealth, I am proposing to ask the Crown Solicitor under section 55E of the Judiciary Act to brief senior and junior counsel to appear on behalf of the senators and members involved. [More…]
I remind the honourable member for St George that there is a section in the Judiciary Act of which I am sure he is aware, section 68, which says that the laws of each State with respect to the arrest and custody of offenders or persons charged with offences etc., in effect apply. [More…]
I know the opinion of the judiciary of the old courthouse in Alice Springs. [More…]
The Judiciary Act has long embodied the policy that actions of Commonwealth officers should not be subject to review by way of mandamus or writ of prohibition in State courts- section 38 of the Judiciary Act. [More…]
The clause further makes it clear that actions of the Federal judiciary are not to be subject to review in State courts. [More…]
1 ) Notwithstanding section 39 of the Judiciary Act 1903, a court of a State does not have jurisdiction to review- [More…]
1 1 ) In clause 9(1), omit ‘section 39 of the Judiciary Act 1903’, substitute ‘anything contained in any Act other than this Act’. [More…]
A somnolent Rip Van Winkle indifference, not just by members of the community until, of course, something actually happens to them or to a loved one, plus a sort of Alice in Wonderland, dormouse in the teapot attitude by some members of our judiciary and probably by as many of our State and federal parliamentarians, are at least in part responsible for this current reign of terror. [More…]
I propose the setting up of a national bail data bank in which pertinent information on a criminal’s court and prison record is fed into a computerised system for quick and easy reference by the State and Federal judiciary. [More…]
Mr Acting Speaker, I believe that the onus of containing this magnitudinous problem now lies, more than ever, not only with the law enforcement agencies but also with the judiciary and legislators working hand in hand. [More…]
The hitherto politically fettered fist of legislative power must smash these criminal exploiters of our society, these uppity gangsters who make puppets of our judiciary and our parliaments and who are riding high on a national crime wave which may very soon engulf us so thoroughly that we will never again be able to argue effectively that great democratic philosophy that the greatest good for the greatest number must prevail in the end. [More…]
It is important to talk about the role of the judiciary, the role of the legal profession, and the role of the police force. [More…]
The safeguards involved in Australia ‘s system of representative and responsible government, the independence of the judiciary and the procedures adopted by our courts, the freedom of the Press and the possibility of parliamentary or ministerial investigation or other inquiry are important factors in the maintenance of human rights in this country. [More…]
I sincerely hope that members of our judiciary will take note of the seriousness of the breaches and that where breaches are serious high penalties will be imposed. [More…]
In defended matters there is an obvious need to do what one can to use the judiciary’s time to the best advantage. [More…]
In accordance with past practice where members of the judiciary have been appointed to executive office, for example, the appointment of Mr Justice A. E. Woodward when a Judge of the [More…]
That was said because of some of the things I have said in this place, particularly in a speech which I made in this House on 10 November 1976 when I listed the judiciary in this country and highlighted the fact that when people contemplated the salaries of politicians they often referred to the large number of politicians in the various State parliaments and in the Federal Parliament, but they forgot the large number in the judiciary. [More…]
Unfortunately that is not the case with the nation’s judiciary. [More…]
I am highlighting the fact that when we look at the salary range of judges of the High Court, taking into account the salary of all the judiciary and that there are probably 640 or 650 of them these days compared with the 756 politicians throughout Australia, the criticism which is directed at politicians is a little unfair. [More…]
It is a little unfair when we take into consideration the large salaries which are paid to the judiciary. [More…]
What I do argue about is, how can this Parliament expect to attract people of the calibre of the former Attorney-General to its ranks when salaries are set at less than half of those the judiciary receives? [More…]
I thought for one moment that he was trying to outdo his namesake the honourable member for Hindmarsh (Mr Clyde Cameron) in his attacks on the judiciary. [More…]
The second relates to the quality of the judiciary which presides over courts, particularly in the Australian Capital Territory, and the necessity for justice to be done not only in the passing of sentence on persons who are found guilty but in respect of persons who are charged and kept in custody for months waiting for those charges to be heard. [More…]
I turn to the second point that I want to raise, and that is the quality of the judiciary. [More…]
The main purpose of these libraries is to provide collections of legal material for use of members of the Judiciary and legal officers employed by the Commonwealth, and to provide a reference and research service. [More…]
This has been done to preserve the independence and immunity of the judiciary. [More…]
that the elected Parliament is a weak and weakening institution; that the Executive Government is the principal beneficiary of the Parliament’s decline; and that the Judiciary is tending to compete with the Executive Government in exploiting the Parliament’s weakness but it is having its own independence undermined through the initiatives of the Executive Government. [More…]
The fact is that the Governor-General receives an extremely generous pension as do members of the judiciary and for a very sound reason: On completion of his term of office, as is the case upon completion of the term of office of members of” the judiciary, it is expected that they will be separated from any of the decision making processes which happen in this country. [More…]
It is appropriate that the judiciary should not have the responsibility of being a tax gatherer for the Government. [More…]
1 ) A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution. [More…]
Finally, it is proposed that section 61 of the Atomic Energy Act be deleted as it is no longer required in view of recent amendments to the Judiciary Act. [More…]
I believe that the amendments proposed by this Bill will provide more effective means of dealing with legal issues arising under the Act and represent a practical and logical approach to achieving the most resourceful use of the judiciary. [More…]
Yet we always find that the conservatives are afraid of the courts and the judiciary. [More…]
While ever we have this attitude in the judiciary it does not lend a serious example to the rest of the community as to where obligations should lie. [More…]
Let me just say that there is something really sick about a tax system in which, under the Curran scheme, after financial juggling with bonus shares being taken into account, a minor profit of $2,780 can be held by the so-called learned judiciary to be a loss of $188,000 for taxation purposes. [More…]
It is very difficult to understand why there is such a variation in the minds of our judiciary. [More…]
One particular aspect of his address dealt with a matter which has troubled me in recent times, namely, the changing role of the judiciary in the Australian political structure. [More…]
Firstly, is it in keeping with the independence of the judiciary for judges to be seen to accept such government appointments while retaining their judicial status and privileges? [More…]
There begins and ends the function of the Judiciary. [More…]
Indeed it may be argued that in some cases governments are using the status and prestige of the judiciary to lend legitimacy to actions of the Executive arm of government. [More…]
Whatever one might think about the findings of the Royal Commission, I certainly felt some disquiet at the sight of a senior member of the judiciary publicly arguing matters that were in the realm of social philosophy rather than legal principle. [More…]
However, we must give careful attention as members of parliament to any attempt by the Executive to use the status and prestige of the judiciary in support of its partisan political objectives. [More…]
I hope that members of the judiciary will also be careful not to accept positions which appear to compromise their independence. [More…]
In the Westminster System it is quite essential as a protection to the populace that there be a Head of State independent of legislature, Judiciary and Executive. [More…]
It is almost impossible for members of parliament, the judiciary, members of the legal profession and the individual citizen to be aware of the Commonwealth legislative provisions which exist in this country. [More…]
No member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
It raised fundamental issues concerning the relationship between Parliament and the judiciary, as well as the Executive. [More…]
So, the Commission has a special relationship to the judiciary and I am anxious that Judge Kirby does not overstep the very significant position and title that has been conferred upon him. [More…]
My researches, rudimentary as they are, have indicated that there always has been a distinction between the capacity of ordinary citizens and of members of the judiciary to sit in this place or in the House of Commons. [More…]
My researches have indicated that although originally the inability of members of the judiciary to sit in this place was related to the matter of parliamentary privilege, of more recent times in the House of Commons it has been made quite clear that it was in order to retain the independence of the judiciary and the position of the judiciary as being quite free from party political controversy. [More…]
Were it to do otherwise, it would be claiming a position for itself, and Judge Kirby, as Chairman of the Commission, would be retaining a position for himself that no other member of the judiciary in this country can take for himself. [More…]
Other members of the judiciary would not have done it. [More…]
Other members of the judiciary do not have that right, do not do it and are not charged with that responsibility. [More…]
If we can create great community indignation about such tax avoidance and the realisation that those people who are able to escape from their tax liabilities are imposing a greater burden on the rest of us who are unable to engage in such practices, we may find eventually that the judiciary of this country will be forced to pay more regard to the wishes of Parliament than it seems to be doing at the present time. [More…]
1 ) In August 1 977 the question whether the Crown Solicitor should be requested pursuant to section 55 (E) of the Judiciary Act 1903 to act for consumers who considered that they had suffered loss or damage by reason of a breach or breaches of the consumer protection provisions of the Trade Practices Act 1974 was raised with my predecessor. [More…]
the reorganisation of the federal judiciary by the creation of a new federal court to replace the Federal Court of Bankruptcy and the Australian Industrial Court; [More…]
to make amendments consequential upon the enactment of the Judiciary Amendment Act 1976 and the Federal Court of Australia Act 1 976. [More…]
If such an action is commenced in the High Court, that court is empowered under the Judiciary Act to remit the proceedings to the appropriate State or Territory court. [More…]
That Bill was amended during the course of debate to provide that an appeal would lie as of right from the Federal Court to the High Court in the same circumstances as an appeal would lie as of right from the Full Court of a State supreme court to the High Court under the amendments to the Judiciary Act then introduced. [More…]
It may be recalled that the Judiciary Act was amended in 1976 to give the High Court a general power to remit proceedings brought in the original jurisdiction of the High Court to appropriate State or Territory courts. [More…]
Legislation passed by this Parliament and regulations made under that legislation should be readily and quickly accessible to us as legislators, to the judiciary, to the legal profession and, most importantly, to the public. [More…]
I remind the honourable member that it is the practice of the House not to reflect on the judiciary. [More…]
I am not reflecting on the judiciary. [More…]
When the alternative section is formulated we have to make sure that it is something that will stick and the judiciary will take note of it. [More…]
I say advisedly that while ever we have this attitude in the judiciary it does not lead to a serious example of honesty because it is certainly not an honest practice to expect other people to force someone else to pay their share of the tax burden. [More…]
There are a few guilty consciences not only amongst members of the present Liberal-National Country Party Government but also amongst a few members of the judiciary. [More…]
I would not reflect on the judiciary in any shape or form because I think members of the judiciary are all honest men. [More…]
Presumably they are honest men, otherwise they would not be appointed to the judiciary. [More…]
However, great care needs to be taken in removing the recognition and enforcement of foreign judgments from the judiciary and placing it in the hands of the Attorney-General. [More…]
This legislation raises peculiar and sensitive issues relating to the respective roles of the Executive, the Parliament and the judiciary. [More…]
When the Foreign Proceedings (Prohibition of Certain Evidence) Act was before the Parliament in 1976, we objected to the attempt made to oust the judiciary from review of an order made by the Attorney-General. [More…]
The Bill completes the task begun in 1976 with the passing of the Federal Court of Australia Act in the amendments to the Judiciary Act. [More…]
This is particularly so, as under the Judiciary Act the case can be remitted to the appropriate State or Territory court. [More…]
The difficulties created by separate jurisdiction, Federal and State, has long taxed the minds of Attorneys-General, Solicitors-General, governments, members of the judiciary and lawyers. [More…]
Various amendments are consequential upon the enactment of the Judiciary Amendment Act and the Federal Court of Australia Act in 1976. [More…]
The reorganisation of the federal judiciary by the creation of a new federal court to replace the Federal Court of Bankruptcy and the Australian Industrial Court; [More…]
In reaching a balance in justice, protection and equity, one needs a high degree of specialised knowledge of the complexities of this area, and I suggest that that speciality is not the exclusive preserve of the judiciary. [More…]
It cannot be left to the judiciary, I suggest. [More…]
I turn to the question of trust of the judiciary. [More…]
We seem to have a propensity in this country to trust the judiciary in everything. [More…]
Now this is not a typical assessment by the judge, but nonetheless it needs to be taken into account if we are to rely on the judiciary in complex matters such as corporate defalcation. [More…]
It is another instance, I suggest, where, in these sorts of matters- corporate law, insurance law or taxation- I would have more faith in company inspectors and their reports to the Minister than I would in the judiciary. [More…]
But I suppose that members of the judiciary act on the old dictum: [More…]
No Member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
All one can observe is that there were some remarkable shifts by the judiciary and that some say that promotions which occurred subsequently were not unconnected with services rendered. [More…]
In my view, the honourable member for Corio made very serious reflections in this House on the judiciary. [More…]
He reflected on those members of the judiciary who have conducted inquiries sponsored by the Victorian Government. [More…]
I believe that his remarks were a disgraceful reflection on the judiciary. [More…]
The honourable member for Ballarat (Mr Short), I think honestly, took a remark that I made to be a reflection on the judiciary. [More…]
The remark was not a reflection on the judiciary. [More…]
It was a remark about the manner in which the Victorian Government applies improper pressure to members of the judiciary by the use of appointments and subsequent appointments to the Bench. [More…]
I pay a tribute to the members of the judiciary for also being part of the legislative process by indicating to the Australian people that they will ensure and are prepared to ensure that the Australian nation remains free from the totality of dangers from drugs. [More…]
I am delighted that Mr Justice Stable saw fit in his position of responsibility to draw to our attention the problem as the judiciary sees it. [More…]
I know that discretion should be left in the hands of the judiciary- the judge who presides over the case- but there is no escaping the fact that in later years parole boards frequently develop some sympathy towards a prisoner that is far removed from the realities of the harmful contribution for which he was sent to prison. [More…]
The Law Reform Commission has clearly spelt out that in its view it should be something which is authorised only by a member of the judiciary- a member of a State supreme court, the High Court or Federal Court of Australia. [More…]
I plead with the Minister for Business and Consumer Affairs to consider the advocacy I made in the early stages of the life of this Bill - during consideration of it by the Government members committee and in the Government members party room- the same I am now making in the Parliament- that is, that we ensure that the authorisation to intercept telephone conversations is something that is placed in the hands of the judiciary. [More…]
On the one hand, he took the opportunity to have a sly dig at the judiciary, and on the other hand he sought to butter up the Public Service. [More…]
I think both sides of the House would agree that it is far better that payments of entitlements to the judiciary be put on a legislative basis and not be left to Executive discretion as was mentioned in the second reading speech of the Minister for Employment and Youth Affairs (Mr Viner) who represents the Attorney-General (Senator Durack) in this place. [More…]
In other words, judges have made a substantial financial sacrifice to serve this country in the judiciary. [More…]
I am making the point about any additional benefit to a judge for service of say, less than seven years, which might be considered where an appointment has been made late in life and he cannot reach the period for which these entitlements accrue, that at a time when there is a feeling that there should be restraint in the community and at a time when this Parliament has approved annual indexation of pensions as opposed to six-monthly indexation of pensions- my position on that is well known and clearly understood because I voted against it, as I believed I was obliged to vote- it might well be argued that the provision of additional benefits for the judiciary is inappropriate. [More…]
One might appreciate that it could be argued, and no doubt would be argued in other jurisdictions, that a precedent was being set; that the Government, instead of doing as the Labor Government did, as the honourable member for Hindmarsh (Mr Clyde Cameron) was wont to say, and making the public servants the pacesetters and then later calling them the fat cats, was setting a precedent in regard to the judiciary. [More…]
He has tried to have a sly dig at the judiciary- heaven knows why- and he has endeavoured to butter up the Public Service. [More…]
It is not prepared to accept this formula as a proper standard to apply to the judiciary, particularly at a time when every other section of the community is being called upon to make economic sacrifices. [More…]
It has not been unknown that members of the High Court and other members of the judiciary, are from time to time invited to visit, open and participate in law conventions. [More…]
I believe that it is an objection which, if looked at and the merits of our argument closely examined, will ultimately prove to the benefit of the judiciary. [More…]
It will not rebound to the credit of this Parliament and, unfortunately, it will not rebound to the credit of our judiciary. [More…]
When one considers this Bill, the salary range and other entitlements of the judiciary, I think it is proper for one to go to the root cause. [More…]
In many cases the judiciary has been cared for generously because governments have had so much difficulty in getting people to accept an appointment to the bench. [More…]
Sir, I am trying to show- I think you are indicating some understanding- that if barristers are able to earn huge incomes because governments do not set upper limits on the fees they pay, generous provisions have to be made to compensate members of the judiciary. [More…]
The Industrial Relations Bureau is a classic illustration of an appeal situation getting people to a point where one employee appeals to the judiciary because there is a confrontation. [More…]
The intention of these subsections is to make clear to the judiciary the intention of Parliament that a judge can, and indeed is expected to, exercise this authority outside his normal area of jurisdiction. [More…]
1 moved by the honourable member and as I expect to say it several more times in the course of this Committee stage debate, the Government does not wish to tie the judiciary to tight and undoubtedly cumbersome and unnecessary rules of procedure. [More…]
I emphasise that the Government has taken the view that the judiciary has sufficient experience and appropriate training to be entrusted with the administration of the issue of these warrants without the necessity for the Parliament to tie its hands. [More…]
In particular, the Government considers that no member of the judiciary would authorise the issue of such a warrant if it was clearly contrary to the public interest to do so. [More…]
I am certain that the judiciary involved will be just as careful and perhaps, in the view of some members of Parliament, they will be more careful that I have been in the discharge of this delicate responsiblity [More…]
The Government has agreed to place authorisation of the use of a listening device in the hands of the judiciary. [More…]
As I pointed out earlier, the matter of whether a listening device would be permitted to be used in a lawyer’s office is a matter for the judiciary, for the judge at the time to determine. [More…]
Let me say briefly, in conclusion, that the Government believed that, in accepting the spirit of the amendments which we moved in the legislation committee and which sought to shift the authority from the Minister to the judiciary, we were giving effect to the wishes of this Parliament and probably to a large section of the community that feel that every possible precaution should be taken. [More…]
But, having taken that step to shift it out of the political arena, if you like- out of the arena of administration to the judiciary- we believe that we should leave the position as flexible as possible in the hands of the judiciary. [More…]
It has left it with the Minister or the judiciary, if you like. [More…]
No member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute unless for the purpose of moving for its repeal. [More…]
These concern the conduct of the Sovereign, the Queen’s representative, the Speaker, Chairman and Members of both Houses and the Judiciary. [More…]
The purpose of this Bill is to remove doubts that have arisen as to whether, as a matter of law, the provisions made by section 3 of the Judiciary (Diplomatic Representation) Act 1977 in relation to Mr Justice Fox’s service and salary while performing the functions of AmbassadoratLarge apply to his service under extensions of the original term of his appointment. [More…]
No member may use offensive words against either House of the Parliament or any Member thereof, against any member of the Judiciary, or against any statute . [More…]
The appointment should have been from a State police force or the judiciary. [More…]
The Bill will amend the Judiciary Act 1903- that is, the principal Act- by inserting a new Part IXA. [More…]
The Judiciary Amendment Bill will confer jurisdiction on the Northern Territory Supreme Court in respect of suits between the Commonwealth and the Northern Territory. [More…]
In the Judiciary Amendment Bill 1979, which is one of the consequential Bills, very necessary steps are taken to confer jurisdiction on the Northern Territory Supreme Court in respect of matters that may not be within the competence of the Northern Territory legislature. [More…]
Therefore, finally, we need to involve the judiciary in the process as well. [More…]
This debate will continue and we will deal with many of the other issues which I have raised but it seems to me that the first and most important question is to try to involve the whole complex of our authorities- judiciary, Executive and Parliament- in an adequate supervision of this organisation. [More…]
So too should the Australian judiciary be involved in our security network. [More…]
One would then be relying on the merits of the judiciary- not on some pimp or minor individual but a justice of the Federal Court- to look at what has happened. [More…]
But the Minister does not make the decision even then; he refers the case for deregistration to the Full Bench- the judiciary. [More…]
I did not call the Council together, but on every occasion on which I sought to amend the Conciliation and Arbitration Act I sent copies of the proposed Bill to the judiciary, the unions and the employers before it was brought into this House. [More…]
On frequent occasions, as the parliamentary draftsmen will testify, I made substantial alterations to those drafts after receiving comments from the judiciary, the trade union movement and, on one occasion, even from the employers. [More…]
It is general practice, frequently followed by the judiciary, to make critical comments about the law from the Bench. [More…]
We know that with the judiciary it is important that there is no political interference, although one could have seen by the role of Sir Garfield Barwick in 1975- if people like to read his speech to the National Press Club subsequent upon that event- that Sir Garfield Barwick is not outside playing his own political role. [More…]
The danger is to the rule of law and to the independence of the judiciary and quasi-judicial authorities and administrative bodies like the Commission. [More…]
In fact, Mr R. J. Hawke in July last year, in one of the most outrageous attacks on the impartiality, independence and integrity of the judiciary, accused the High Court of raping the Australian people through its decisions on tax matters. [More…]
They are in a halfway land between administrative officers and members of the judiciary. [More…]
We are talking about the rule of law, we are talking about the independence of the judiciary and members of the Commission. [More…]
If I may posit the position of the Opposition, it was in fact to offer a multi-faceted pattern of control for ASIO involving the Parliament, the judiciary and a principle of judicial audit. [More…]
I would not worry so much about that if we had some effective involvement in the judiciary in the control of ASIO. [More…]
We think it is important, particularly in this day and age, that there be some sort of bipartisan approach by the judiciary to what is happening. [More…]
On that basis, to suggest that a judge has to have it spelt out to him as though he is a first year law student that he has to take into account the seriousness of the offence, in my respectful submission, is again insulting to the judiciary. [More…]
I repeat that I am not against the spirit of what the Deputy Leader of the Opposition seeks to do, but I am saying that, intended or otherwise, the Opposition is creating a legal nonsense, an insult to the judiciary. [More…]
Perhaps he has entertained the Parliament a little but really he has insulted the judiciary of Australia and has suggested that the judiciary does not know the first thing about human rights, whereas I believe it is the fundamental protector of human rights in this nation. [More…]
I am disappointed at the approach of the honourable member for Denison who takes the view that the requirement to set out the details as proposed in the amendment moved by the Deputy Leader of the Opposition (Mr Lionel Bowen) is an insult to the judiciary. [More…]
That is not regarded by the judiciary as an insult to them, neither is it regarded by legal practitioners as an insult to them. [More…]
It is no insult to the judiciary. [More…]
Secondly, the fact that that is done also, I believe, over a period, will provide a far more uniform approach by the judiciary in handling these matters than if they are just left open. [More…]
I believe that it will lead to a uniform practice by members of the judiciary and I believe that that will be a good thing. [More…]
I wish to give to the House a view in relation to the Executive and the judiciary or conciliation and arbitration commissioners. [More…]
I take the view that the Executive, the legislature and the judiciary should remain separate. [More…]
The Executive and the legislature, although composed of persons who are elected to the Parliament, have separate functions and the judiciary has separate functions. [More…]
However, because they carry out functions that are very much analogous to those of the judiciary and because they carry out important matters of conciliation and arbitration and lay down rules which bind- at least we hope that they bind- those parties to the various disputes, I believe that there is for the purposes of considering separation of powers no real distinction between their position and that of the judiciary. [More…]
The point I want to make is that I do not believe that on matters of substantive law as against procedural matters there ought to be any consultations or discussions between any of the judiciary or commissioners and members of the legislature or the Executive. [More…]
It is up to the judiciary or the Commission to take the laws as they are amended and to interpret them in accordance with their office. [More…]
I do not believe that the Executive should seek to contact the judiciary or the Commission in respect of substantive laws and tell them what it believes should be an approach to those laws. [More…]
The High Court of Australia Bill and the associated amendments to the Judiciary Act and the Evidence Act together represent a legislative scheme for effecting the transfer to the seat of government of the third arm of government established under the Constitution. [More…]
The Judiciary Act 1903, which provided for a High Court consisting of a Chief Justice and two other justices, included the provision: on and after a date to be fixed by Proclamation the principal seat of the High Court shall be at the seat of Government. [More…]
In other respects the Bill makes little change to the existing provisions now found in the Judiciary Act and the High Court Procedure Act. [More…]
Incorporated in this Bill are all the provisions dealing with the constitution and seat of the Court and administrative matters relating to the Court now to be found in the Judiciary Act and the High Court Procedure Act. [More…]
The remaining provisions of the latter Act which are procedural in nature are to be incorporated in the Judiciary Act. [More…]
As indicated in the observations I made in connection with the High Court of Australia Bill, the primary purpose of this Bill is to transfer from the Judiciary Act the existing provisions dealing with the constitution and seat of the Court, its registries, places of sitting and the like and to incorporate the procedural provisions formerly found in the High Court Procedure Act. [More…]
That amendment is effected by clause 7 of the Bill, which relates to section 23 of the Judiciary Act. [More…]
The other Bill which we are not opposing is the Judiciary Amendment Bill (No. [More…]
I know that this has nothing to do with the judiciary, but it has a lot to do with the National Capital Development Commission. [More…]
The Bills are the High Court of Australia Bill 1979, the Judiciary Amendment Bill (No. [More…]
On the part of the judiciary in particular, it is dependent upon separation, upon independence and upon impartiality, and particularly impartiality. [More…]
Only if the judiciary is known to be unbiased will the system continue to function. [More…]
There are a number of related topics, including the subjects of making political appointments to the judiciary and the use of judges for nonjudicial functions to which, whilst topical, I do not intend on this occasion to address myself. [More…]
What I do intend to discuss is the standard of conduct required of members of the judiciary, if they are to avoid the appearance of bias towards one or other party and the legislature is to have confidence in the doctrine of separate power for the judiciary, which this legislation is about. [More…]
The winning of independence by the judiciary is generally accepted to have occurred when the Act of Settlement of 1702 altered the tenure of judges. [More…]
In the Australian Constitution, the provision in section 72 that a judge’s honorarium may not be diminished during his term of office may be seen as an additional protection of that independence of the judiciary. [More…]
Another rule designed to protect the independence of the judiciary is the protection from legal process for acts done by judges in their judicial capacity. [More…]
Thus, the fact that under the Australian Constitution the High Court may be asked to determine the constitutional validity of legislation passed by Parliament does not mean that the High Court will be usurping the role of Parliament or that Parliament is less independent or separated from the judiciary. [More…]
Nor does the passage of legislation such as the Administrative Decisions (Judical Review) Act 1977, whereby Parliament decided that Executive decisions may be scrutinised by the judiciary, mean that the judiciary will usurp the role of the Executive. [More…]
Such matters as these, in my view, do not detract from the independence of the judiciary. [More…]
These matters having been examined briefly, independence of the judiciary means two things. [More…]
The judiciary must be free from any practical constraints or pressures imposed by other branches so that it can fulfil its functions without fear of reprisal. [More…]
The traditional view ofthe gaining of independence by the judiciary supports this functional approach even if historically the developments were based on functions which were less clearly defined and even if other factors were also involved. [More…]
The other aspect of this functional approach is that if the judiciary is to be independent in carrying out its functions, the other branches must be free to do the same without interference from the judiciary until the time for judicial activity as envisaged by the law arises. [More…]
The making of public statements concerning matters on which other branches are engaged must therefore be avoided if the judiciary’s own independence is to be respected. [More…]
The discussion of independence from the Executive and Parliament may suggest that these are the only threats to judicial independence and that public confidence can be maintained where the judiciary engages in political activity or public comment as long as the activity is seen to be a sign of independence from the government of the day. [More…]
The judiciary has tenure beyond the term of any government so that partisan activity against a government will lead to a belief that the judiciary will favour the views of an incoming government from the other side. [More…]
One fairly recent event when the role of a member of the judiciary in dealing with the actions of the other branches of the government has been criticised was the advice given to Sir John Kerr by Sir Garfield Barwick about the dismissal of Mr Whitlam. [More…]
The judiciary must appreciate this. [More…]
The independence of the judiciary and the respect which is accorded to it in the community is not intended for the benefit of the judiciary but for the benefit of the public. [More…]
Any loss of independence on the part of the judiciary will lead to a corresponding loss of respect in the community and the ultimate failure of our legal system. [More…]
I know what it is like to sit in front of the judiciary. [More…]
I have watched the judiciary, whether it be the Supreme Court of New South Wales or the High Court of Australia, treating the law as if it was a piece of elastic, determining the course of the precedents and stretching the law to suit its interpretation which suited their own personal view. [More…]
Frankly, I have not received justice under the law or from the judiciary. [More…]
My view is that the law is too selective as demonstrated by the people who have been appointed to the judiciary. [More…]
Personally, I think the judiciary has a role to play in this area. [More…]
Let me refer to what the United States Deputy Comptroller stated in testimony before the Subcommittee on Administrative Law and Government Relations of the House Committee on the Judiciary. [More…]
The Committee on the Judiciary summed it up in the following way: [More…]