justice - hofreps - 1970

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

Under the Local Courts Ordinance 1941- 1965, section 84, a Judge or a Magistrate may allow a person to sue or defend as a poor person in a case where he considers it necessary for the attainment of justice. [More…]
What has been the outcome of the review of the terms of Australia’s acceptance of the compulsory jurisdiction of the International Court of Justice (Hansard, 13th May 1969, page 1734, question nos. [More…]
I present the report by the honourable Mr Justice R. M. Eggleston following his inquiry into academic salaries in universities. [More…]
Does he propose to follow the Rhodesian example and take steps to change the name of his Department to the Ministry of Justice, Law and Order. [More…]
Will he confer with State Ministers for Justice in order to ascertain in which other gaols their use is permitted. [More…]
The Visiting Justice was told on 25th March 1970 that leg irons had been placed on Tobebe as well as on Klak. [More…]
Due to an oversight by the Visiting Justice, he did not post bis report dated 27th March 1970 until after 18th April 1970. [More…]
Did Mr Justice Spicer find no wrongdoing on the part of the Guild members and, whilst making no order for costs, did the judge say that he was sure that an application for payment of the Guild’s costs would be sympathetically considered by the Government? [More…]
Whilst I accept his proposition that he is not responsible for or even able to interfere with the workings of the court or give any instruction to the Chief Justice about the order in which certain cases should be heard, I think it is worth while for the honourable member for Kingston (Dr Gun) to raise this question in the House because it surely makes clear even to honourable members on the other side of the House that we are appointing to the High Court of this country people who are more interested in the question of property than in the question of civil liberties. [More…]
The latter figure does not include adjustments which may result from implementation of the recommendations made last year by Mr Justice Sweeney in the report of the Inquiry into Salaries of Lecturers and Senior Lecturers in Colleges of Advanced Education; nor does it take account of the effects of recommendations in respect of academic salaries made this year by Mr Justice Eggleston. [More…]
I address a question to the Minister for Labour and National Service concerning the decision to release Mr J. Ross from Sale on advice received from Mr Justice Smithers. [More…]
1 understand that this advice was obtained after Mr Ross had refused to comply with and recognise the National Service Act and that the information received by Mr Justice Smithers was obtained in substantially a form of private hearing with Mr Ross. [More…]
In these circumstances will the Minister indicate whether he bad expected Mr Justice Smithers to undertake this form of procedure and whether such forms of procedure are likely to be repeated should further cases of a similar nature arise? [More…]
Will he confirm that the description of an accused as a ‘known demonstrator’ in court proceedings unrelated to demonstrations is prejudicial and subversive of natural justice? [More…]
Are there special additional punishments applicable to foreign born citizens under certain sections of the Crimes Act; if so, are they acceptable in the interests of justice. [More…]
Has his attention been drawn to the recent judgment of Mr Justice Sheehy of the New South Wales Industrial Commission in which the learned judge criticised the victimisation of employees for reasons associated with their union activities. [More…]
Does he see any merit in the observations made by Mr Justice Sheehy. [More…]
and (3) 1 do not consider it would be appropriate for me to comment upon Mr Justice Sheehy’ s observations. [More…]
Last night my 2 colleagues, the honourable member for Lalor (Dr J. F. Cairns) and the honourable member for Reid (Mr Uren), raised the question of what one might call justice, for want of a better term, in the lower courts of both New South Wales and Victoria. [More…]
I simply want to place it on record that there are before us, if we care to look, ample cases in which lower courts have inflicted unjust penalties, have accepted police evidence against all the weight of the facts and have visited very serious injustice and hardship upon people in this community. [More…]
This is one of the facets of justice to which we ought to turn our attention. [More…]
In some previous Bills dealing with the collection of levies, certain questions concerning law and justice have arisen in Parliament when the Bills were debates. [More…]
This is obnoxious to the idea of justice which we in this country support, and frankly, I find it, as I said before, rather incredible that the Country Party would be wanting to put something in a Bill which could in fact lead to abuse and the penalising of primary producers. [More…]
Which of the recommendations of Mr Justice Bright on the South Australian Police Force are considered relevant to the Northern Territory Police Force? [More…]
Which of the recommendations of Mr Justice Bright on the South Australian Police Force are considered relevant to the Australian Capital Territory Police Force? [More…]
For that reason the words ‘Justice of the Peace’ have been inserted. [More…]
I am afraid that the Government cannot accept the amendment moved by the honourable member for Mitchell (Mr Irwin), if for no other reason than that it would be the first legislation of this character where there was a requirement that a person other than a Justice of the Peace should issue such a warrant. [More…]
(2), (3) and (4) The Government considers that these matters might best be considered after the report of the present enquiry into Parliamentary salaries and allowances by Mr Justice Kerr is received. [More…]
Will he have these matters referred to Mr Justice Kerr for concurrent consideration with the salaries and allowances of Members of the Commonwealth Parliament. [More…]
Mr Justice Bright enquired into matters connected with a moratorium demonstration in the streets of Adelaide. [More…]
Is it also a fact that the AttorneyGeneral commissioned a committee consisting of Mr Justice Kerr, Mr Justice Mason, the Solicitor General (Mr Ellicott) and Professor Whitmore of the Australian National University, known as the Commonwealth Administrative Law Review Committee, to report on administrative law reforms. [More…]
Which of the recommendations of Mr Justice Bright on the South Australian Police Force are considered relevant to the Commonwealth Police Force. [More…]
I draw the attention of the Minister to a recent statement by Mr Justice Gallagher to the effect that ‘. [More…]
Mr Justice Nimmo. [More…]
I do this in justice to a man who has sent me a telegram. [More…]
They say - and I think in justice to Mr Maher that I should mention what was told to me for the first time - that he has 2 sons who were knocked about in a motor accident and were not eligible for service in Vietnam. [More…]
1 stand by everything else I said but I must do justice to those who feel they have been wronged in any way. [More…]
In earlier legislation relating to similar Bills, the Parliament debated certain clauses concerning matters of ‘law and justice’. [More…]
I refer the honourable member to paragraph 128 of Mr Justice Kerr’s report following his 1971 inquiry into the salaries and allowances of members of the Commonwealth Parliament. [More…]
Western Australia-(i) The Chief Justice of Western Australia; (ii) The Chief Electoral Officer for the State; (iii) The SurveyorGeneral. [More…]
Has the review of the terms of Australia’s acceptance of the compulsory jurisdiction of the International Court of Justice yet been concluded, if so, with what result (Hansard, 23rd February 1971, page 543). [More…]
The review of the terms of Australia’s acceptance of the compulsory jurisdiction of the International Court of Justice, mentioned in my predecessor’s answers to the honourable member’s previous questions, has been concluded. [More…]
5480 concerning the review of the Telephonic Communications (Interception) Act, will he say whether he is persisting with his proposals to amend the Act to permit police interception in such areas of crime as (a) extortion, (b) kidnapping and(c) attempts to pervert the course of justice. [More…]
Why was the report which Mr Justice Jenkyn made on 8th February 1972 on the operation of the English Divorce Reform Act, 1969, not tabled before 1 June 1972 (Senate Hansard, page 2430). [More…]
who is now a Justice of the Supreme Court of Victoria. [More…]
I inform the House that Mr Justice Fox in his judgment stated: [More…]
I ask the Prime Minister: In view of the recent bomb outrages and threats of bombing in Sydney, what action is the Government taking not only to bring the perpetrators of these outrages to justice but also to clarify the origins and basis of such terrorist activities? [More…]
Predominantly the responsibility for implementing the results of Mr Justice Fox’s recommendations lies not merely with the Federal Parliament and Federal Government tout also with State governments as most <of the areas to which he referred are specifically within the responsibility of State legislatures rather than the Federal legislature. [More…]
Is the Minister inclined to agree that the law is heavily weighted against the poor and uneducated and in favour of white collar criminals, and that this in itself is enough reason for us to take the comments of Mr Justice Fox very seriously? [More…]
Does the Government intend to dissolve the Parliament without restoring salary justice to back bench members as recommended last year by Mr Justice Kerr? [More…]
That the undersigned believe that hunger, illiteracy, abject poverty and injustice are intolerable anywhere in the world; that the knowledge, skills and resources to change these unjust conditions now exist; that to obtain justice among peoples, world financial and trading systems can and must bc changed; iba! [More…]
One of the first acts that my Government took was to request that Mr Justice - [More…]
That to obtain justice among peoples, world financial and trading systems can and must be changed. [More…]
If a satisfactory conclusion to these discussions is not reached Australia is in a position to apply forthwith to the International Court of Justice. [More…]
Following the recent unsuccessful attempts and appeals to the French Government to suspend or to cease its series of nuclear tests in the Pacific area, is it the intention of the Australian Government to join with the New Zealand Government and to proceed to the International Court of Justice without further delay and by so doing to indicate to the French Government that we will not be treated in such a contemptuous fashion? [More…]
Mr Speaker, may I inform the House that the Leader of the Government in the Senate, Attorney-General and Minister for Customs and Excise, Senator Murphy, left Australia on Sunday, 13th May, to present Australia’s case against French nuclear testing in the Pacific to the International Court of Justice at The Hague? [More…]
My thanks go to Mr Justice Campbell, who is the author of this report. [More…]
Has the attention of the Minister for Urban and Regional Development been drawn to a report in today’s Press of statements made separately by the GovernorGeneral and by the Chief Justice of the High Court of Australia in which they criticise the centralisation of offices and industry in inner city areas? [More…]
But a study is presently being undertaken by a Commission of Inquiry headed by Mr Justice Else-Mitchell. [More…]
I recently wrote to my good friends in the Australian Medical Association suggesting that when the current proceedings of the Medical Fees Tribunal, headed by Mr Justice Ludeke, are concluded negotiations should be entered into to establish some regularised system of fees review. [More…]
, (5) and (6) All persons concerned can be assured that in applying any scheme of rationalisation which might be adopted for the industry, their accrued rights would be protected and special effort would be made to achieve justice in every respect. [More…]
If the answers to parts (3) and (4) are unfavourable, by what other means will it be ensured that the personnel of the Government aircraft factories receive justice in everyrespect. [More…]
I suggest in justice– [More…]
I quote from the evidence given to the part-heard Commission of Inquiry into Land Tenure’s being conducted by Mr Justice Else-Mitchell who is Chairman, Professor R. L. Matthews of the Australian National University and Mr G. J. Dusseldorp, who is fairly well known as a developer. [More…]
I felt that possibly the greatest breakthrough in this particular sphere of allowing, permitting and encouraging migrants to know about their rights and privileges as Australian workers came when Mr Justice Moore, in handing down a decision, said that that decision would be made available in the languages of the people who had been concerned in the dispute and who had been encouraged to come and work in this country. [More…]
The first is to ensure that the example set by Mr Justice Moore is followed by all his colleagues in the Australian and State spheres, wherever relevant and possible. [More…]
They exemplify dignity, respectability, patience, tolerance, fairness and justice. [More…]
I ask the Minister for Secondary Industry whether he is aware of a report attributed to the former member for Parramatta, Mr Justice Bowen, wherein he said, among other things, that nationalisation of the legal profession was favoured by some Federal Ministers. [More…]
Does the Minister agree with these remarks attributed to Mr Justice Bowen? [More…]
Mr Justice Bowen said in this House on one occasion that be saw very considerable merit in the establishment of such an institute. [More…]
The working party will comprise officers of my Department and representatives of the Chief Secretary’s Department, New South Wales; the Chief Secretary’s Office, Victoria; the Department of Justice, Queensland; the Premier’s Department, South Australia; the Chief Secretary’s Department, Western Australia; the Attorney-General’s Department, Tasmania. [More…]
Does he see a conflict between the Commission’s charter to extract phosphate at the lowest possible cost and the provision of wage justice to workers in an Australian territory? [More…]
The preparation of the report is in the hands of Mr Justice Asprey himself. [More…]
I have had discussions with the New South Wales Minister for Justice about relationships between Aboriginals and the police in Sydney and arrangements are being made for regular meetings between his Department and a representative group of Sydney Aboriginals. [More…]
I just say to the honourable member for Maranoa that his remarks tonight did not do him justice. [More…]
If he has not done so, will he also point out in the letter that the Queensland Minister for Justice, Mr Knox, put forward a figure of 30,000 illegal entrants in the past 7 months under the easy visa system and that he was 30 times wrong as the figure is 1,000 or less? [More…]
Did the International Court of Justice pass a resolution by 11 votes to 3 expressing its strong disapproval of the making, circulating or publishing of statements by him purporting to anticipate or forecast the manner in which the Judges of the Court would cast their votes, and reiterating its view that such statements are incompatible with the fundamental principle governing good administration of justice. [More…]
I shall not answer any questions bearing on the deliberations of the International Court of Justice particularly while litigation involving Australia is pending before that Court. [More…]
Is it a fact that the International Court of Justice has rebuked him concerning a statement made in 1973 about theprobable result of the nuclear test case pending in the Court between Australia and France. [More…]
Indeed, sir, the Chief Justice a few days ago criticised the terms of the Proclamation as setting out in too much detail what in fact we should do. [More…]
Immediately I had concluded my speech I found a justice of the peace and made the statutory declaration. [More…]
A comprehensive inquiry is being conducted by a very competent commissioner, Mr Justice Hope, into the security operations of Australian security organisations. [More…]
I am not going to pre-empt that inquiry nor make any statement until the Government has a report from Mr Justice Hope. [More…]
I understand that the decision of Justice Gaudron was contested in the proper way, by the Transport Workers’ Union’s lodging an appeal against the decision. [More…]
His Excellency the Governor-General received the report from His Honour the Royal Commissioner, Mr Justice Collins, today. [More…]
I only want to underline one point made by my colleague the honourable member for Wentworth (Mr Ellicott), that is, that as a result of section 136 it is the federal incorporated body that owns property, and that under the arrangements of Mr Justice Sweeney the State branch would not be able to own property. [More…]
What actions have been taken by the Government to develop further the ANZUS Treaty as an instrument for (a) justice, (b) peace, (c) political advancement, (d) social advancement and (e) economic advancement in the Pacific area since 2 December 1972. [More…]
He quoted Mr Justice Windeyer’s comment that the whole system of negligence is outdated. [More…]
When Mr Justice Sweeney was appointed to the royal commission I was unaware that he was a trustee of the ‘Noongah’ Fund, just as I was unaware that the father of the Deputy Leader of the Country Party was also a trustee of the ‘Noongah* Fund. [More…]
I ask the Minister: Was he aware that Mr Justice Sweeney was a trustee of the ‘Noongah’ Fund when Mr Justice Sweeney was appointed to the present royal commission? [More…]
-For the first time in speaking on a Bill relating to Papua New Guinea I have been remiss in that I did not pay the credit that is due to those Australians who have administered justice in Papua New Guinea through the courts, particularly those personnel who served on the Supreme Court and who served with such distinction, sometimes under difficult conditions and sometimes despite many frustrations with the conditions of their service. [More…]
The Prime Minister has just said that the honourable gentleman agreed to the removal of all reservations relating to the decisions of the International Court of Justice. [More…]
I remind the honourable gentleman that one of the reservations was that Australia would not submit to the jurisdiction of the International Court of Justice in relation to Australia’s continental shelf. [More…]
One which comes to mind involved Mr Justice Spicer. [More…]
He put legislation through this Parliament to set up the Industrial Court and then resigned from the Senate to become the first Chief Justice of that court. [More…]
The honourable member would be aware, of course, that an inquiry is being conducted into the whole general subject matter by Mr Justice Hope. [More…]
It amends the Grants Commission Act 1973 to enable a chairman, such as the present chairman, Mr Justice Else-Mitchell, who immediately before his appointment was a judge of a federal or state court to have the same designation, rank, status and precedence as a judge of the Austraiian Capital Territory Supreme Court. [More…]
In clause 3 omit ‘ the Chief Justice of the Superior Court of Australia’. [More…]
and (2) These questions were overtaken by the appointment, on 21 August 1974, of Mr Justice Hope of the Supreme Court of New South Wales to conduct an inquiry under the Royal Commissions Act into the intelligence and security services. [More…]
What occurred between 25 October 1974 when he signed a letter to me, in which he said the Noongah fund could be involved or could fall within the terms of reference of Justice Sweeney’s inquiry, and 30 October, 1 974 when it is reported that, to his knowledge, as far as the Noongah fund is concerned, it has nothing to do with the inquiry. [More…]
-Does the Minister for Labor and Immigration intend to intervene in the hearing of the metal trades claims now formally notified to the Conciliation and Arbitration Commission on which Mr Justice Moore has announced he will arbitrate? [More…]
The Opposition took the view that the Commissioner’s powers in this regard were too wide and that if an occupier did not consent the Commissioner should have to go before a justice of the peace and obtain an order or a warrant of some description to enable him to enter. [More…]
What has been the result of the study of the opinions of the individual Judges of the International Court of Justice as a result of Australia ‘s reference relating to atmospheric tests in the South Pacific by France. [More…]
This was the opportunity for there to be equity and justice in electoral laws. [More…]
For the information of honourable members I present the full report of the Taxation Review Committee chaired by Mr Justice K. W. Asprey, dated 3 1 January 1975. [More…]
For the information of honourable members I present the interim report of an inquiry into employment in the building industry by Her Honour Justice Elizabeth Evatt and a report on some aspects of the stevedoring industry in Australia by Mr Norman K. Foster. [More…]
I am sorry that the honourable member for Lilley (Mr Kevin Cairns) had to make the remark that he felt His Honour Mr Justice Else-Mitchell was not qualified or entitled to be Chairman of the Grants Commission. [More…]
Let me put it on record that His Honour Mr Justice Else-Mitchell was responsible for some of the major local government investigations in New South Wales, being appointed by the New South Wales Liberal Government to undertake those investigations. [More…]
By Royal Warrant, there is entitlement by former Judges of a Supreme Court to the designation ‘The Honourable’, and by custom, to ‘Justice’ or ‘Judge’. [More…]
On 29 October 1968 Attorney-General Bowen asked a committee under Mr Justice Kerr, later Chief Justice of New South Wales and now the Governor-General, to consider the jurisdiction to be given to the proposed Commonwealth Superior Court to review administrative decisions. [More…]
The other members were Solicitor-General Mason, later a judge of appeal of the Supreme Court of New South Wales and now a justice of the High Court and Professor Whitmore and later Solicitor-General Ellicott now the honourable member for Wentworth. [More…]
1 ) Has his attention been drawn to reports of the criticism of a solicitor employed by the Aboriginal Legal Aid Service by Mr Justice Muirhead in the Northern Territory Supreme Court during his judgment in the appeal of George Perth of Bamyili, Northern Territory. [More…]
I have to repeat yet again that I have heard or read nothing that would change my view about the findings of Mr Justice Collins, the royal commissioner on petroleum, in respect of this matter. [More…]
Since the Governor-General has published the letter he received on 10 November from the Chief Justice concerning the action upon which he had determined and to which he resorted the following day, will the Attorney-General obtain and table a copy of the letter which the Chief Justice later sent to the other Justices of the High Court to justify his covert and unilateral advice? [More…]
He would be aware of the inquiry into the national estate which was chaired by Mr Justice Hope and that the Hope Committee recommended the setting up of a heritage commission to protect and enhance the national estate. [More…]
Secondly, is what is now being called tax indexation merely a recognition that in the presence of continuing inflation tax justice demands regular, perhaps even annual, adjustments of tax schedules- a practice not followed by earlier Liberal-Country Party governments but begun by Labor? [More…]
I indicated on that occasion- and I still indicate- that when information of that description comes it is not in the interests of justice or in the interests of investigations that it be revealed. [More…]
-Has the attention of the Prime Minister been drawn to statements by Mr Justice Kirby, Chairman of the Law Reform Commission, that attempts to break down the secretiveness of government would run into intense opposition? [More…]
Mr Justice Campbell and his tribunal the task of ascertaining what is reasonable and fair, I sincerely hope that we do not make a mockery of them and ourselves by saying, if it is a sugarcoated finding, that we reject it and, if it is one covered with acid, saying that we welcome it and accept it. [More…]
1 ) Can he say whether the Chief Justice sent a letter or letters to his fellow Justices of the High Court concerning consultations he had on the dismissal of the Whitlam Ministry on 1 1 November 1975. [More…]
Has the Governor-General, in the course of his official duties, had occasion to receive (a) Mr Rupert Murdoch and ( b) the Chief Justice; if so, is he able to say on what dates. [More…]
It includes statements which contain serious allegations against a number of individuals, and I do not think it would be in the interest of justice to table the report. [More…]
The answer to the question is: No, I have not asked the Chief Justice, and I do not propose to ask the Chief Justice because I regard what passes between the judges of the court as being a matter for them. [More…]
The Government certainly has not taken any decisions that would pre-empt the inquiry by His Honour Mr Justice Fox; but it is well known, I think, that the inquiry was suspended some days ago because His Honour wished the Government to put certain information to him. [More…]
Has the Government made a firm and final decision concerning uranium exports, thus pre-empting the Ranger uranium environmental inquiry that is being conducted by Mr Justice Fox? [More…]
I believe the Government will answer the call that comes to it from those who believe and from those who want to see justice for the pensioners of Australia. [More…]
I am informed that Mr Justice Larkins was the Judge who granted the application made to him for an expedited hearing in the case referred to, and who presided at the hearing of the case. [More…]
Was Mr Justice Larkins the judge who arranged and conducted the expedited divorce hearing on 18 April 1975 concerning which the Attorney-General gave an answer on 23 March 1976 (Hansard, page 869) and a personal explanation on 24 March 1 976 (Hansard, page 94 1 ). [More…]
On Wednesday morning, 24 March, I was contacted by the Chief Justice of New South Wales, Sir Laurence Street, who indicated that he thought my answer of the previous day (which in fact was in answer to the Leader of the Opposition), as reported in the Press, was not completely accurate. [More…]
The Chief Justice gave me certain information which was consistent with the information contained in my subsequent statement. [More…]
I know we are in a situation where we have to wait and listen to what Mr Justice Fox has to say, but I still say it is a major scandal and is something which should never have occurred. [More…]
1 ) Has he received one or more reports from Mr Justice Hope on the Royal Commission on Intelligence and Security. [More…]
record the discussions at a meeting at the High Court, Darlinghurst, of a small group formed by the Chief Justice to advise him on works of an for the High Court building being erected in Canberra. [More…]
-The report by Mr Justice Fox is obviously a very serious and weighty report and I do not believe it is one about which the Government or the Opposition ought to make hurried or unthought decisions of any kind. [More…]
Is the Chief Justice of the Australian Industrial Court entitled to become the Chief Justice of a new Court established to perform the main functions of the Australian Industrial Court. [More…]
Justice Mitchell. [More…]
I do not think it is in the interests of justice to disclose publicly facts relating to specific cases where alleged breaches of the law are involved. [More…]
) Has his attention also been drawn to the case notes reported in the Federal Law Review, June 1976, page 233, in which the commentator expressed the view that natural justice had been offended in the matter of a man’s liberty and that some of the Court ruled that its own Rules overruled an Act of this Parliament; if so, is there any substance in these points. [More…]
I am informed that between August 1974 and August 1975 there were discussions and correspondence between the Commonwealth and the States at Prime Ministerial, Ministerial and official levels concerning the implications of the Commonwealth Industrial Court’s judgment in Moore v. Doyle, and the matter of complementary Commonwealth and State legislation recommended in the Report of the Committee of Inquiry on Co-ordinated Industrial Organisations by Mr Justice Sweeney. [More…]
No State Government has enacted legislation to complement the Commonwealth Conciliation and Arbitration (Organisations) Act 1974 which was enacted to implement Mr Justice Sweeney’s recommendations. [More…]
The South Australian Government also announced that it intended to prepare complementary legislation as recommended by Mr Justice Sweeney. [More…]
On what dates, in what form and with what result have Australian Ministers or officials consulted with all or any of their New South Wales, Queensland, South Australian and Western Australian counterparts on the implications of the Industrial Court’s judgment in Moore v. Doyle delivered on 25 February 1969 since Mr Justice J. [More…]
I ask whether he is aware that there is now a very long delay in the hearing of cases in the Family Court- a matter which has been made the subject of remarks by His Honour, Mr Justice Emery, and a number of members of the profession who are concerned about the delay? [More…]
Mr Justice Joske, Mr Justice Smithers, Mr Justice Dunphy and Mr Justice Nimmo hold judicial appointments as follows: [More…]
Mr Justice Joske: Judge of the Australian Industrial Court, additional Judge of the Supreme CourtoftheNorthern Territory of Australia, additional Judge of the Supreme Court of the Australian Capital Territory, Judge of the Supreme CourtofNorfolkIsland. [More…]
Mr Justice Smithers: Judge of the Federal Court of Australia, Judge of the Australian Industrial Court,ad ditional Judge of the Supreme CourtoftheAustralian Capital Territory, additional Judge of the Supreme Court of the Northern Territory of Australia. [More…]
Mr Justice Dunphy: Judge of the Australian Industrial Court, additional Judge of the Supreme Court of the NorthernTerritoryofAustralia,additionaljudgeofthe Supreme Court of the Australian Capital Territory, additional Judge of the SupremeCourtofNorfolkIsland, additional Judge of the Supreme Court of Cocos (Keeling) Island, additional Judge of the Supreme Court of Christmas Island. [More…]
Mr Justice Nimmo: Judge of the Federal Court of Australia, Judge of the Australian Industrial Court. [More…]
Mr Justice Stephen, in the High Court of Australia, handed down a judgment on Friday last resulting from the action of Karen Christine Green (by her next friend Patricia Ann Truman) v. Laurie Daniels, Brian Wraith and the Commonwealth of Australia. [More…]
What are the nature and cost of the works of art for the High Court building on which Messrs Mollison, Cobden and Shannon are advising the Chief Justice (Hansard, 19 October 1976. page 2005 and 9 December 1976, pages 3702 and 3730). [More…]
The letter referred to by Senator Carrick in the Senate on 30 November 1976 and I December 1976 was sent to me by Mr Justice Fox on 8 November 1976. [More…]
On what date did he receive the letter from Mr Justice Fox concerning the interpretation that has been placed on the Ranger Uranium Environmental Inquiry’s first report (Senate Hansard. [More…]
The Attorney-General will remember that yesterday he told me he would look into the question of the advice given by the Government’s legal advisers to the Director-General of Social Services in the light of Mr Justice Stephen’s judgment in the Karen Green case. [More…]
The Government does intend to take action in relation to the responsibility of industrial organisations for financial reporting to their members as recommended by Mr Justice Sweeney. [More…]
For the information of honourable members I present the 1977 inquiry on medical fees for medical benefit purposes by Mr Justice J. T. Ludeke. [More…]
Why does the Government surrender so meekly to requests from the medical profession for an increase in its fees and fight so viciously against decent wage justice for people working in industries such as the electricity industry in Victoria? [More…]
I understand that it is likely to come on before Mr Justice Smithers at 2.30 this afternoon. [More…]
-The Commonwealth is indebted to Mr Justice Hope for his reports on intelligence and security. [More…]
I believe that the Leader of the Opposition should be commended on the appointment of Mr Justice Hope to carry out the particular tasks he undertook. [More…]
-Has the Prime Minister yet completed his consideration of the report of the Royal Commission on Intelligence and Security conducted by Mr Justice Hope? [More…]
-by leave-On 21 August 1974 the previous Government established a Royal Commission on Intelligence and Security and appointed the Honourable Mr Justice Hope as the royal commissioner to inquire into and make recommendations on the intelligence and security services the nation should have available to it. [More…]
In the performance of its functions under this Part, the Tribunal shall act fairly and impartially and shall observe the rules of natural justice. [More…]
The Minister will remember that this Parliament passed the legislation recommended by Mr Justice J. [More…]
Furthermore, Australia’s Ambassador-at-Large on nuclear nonproliferation and safeguards, Mr Justice Fox, has established an office in London and is maintaining an active travel program in monitoring developments on non-proliferation issues, including developments in INFCE and, of course, the International Atomic Energy Agency. [More…]
All I will say on this matter- this has already been indicated by the Prime Minister on behalf of the Government- is that the circumstances in which ASIO reports will now be made available is pursuant to the recommendations of Mr Justice Hope. [More…]
there must be a very real concern not only that justice be done but also that justice be seen to be done. [More…]
Would this action not give the Australian people the opportunity to see that justice had in fact been done? [More…]
Those reports arose out of evidence given yesterday, I understand, before His Honour Mr Justice Williams, who is sitting in Darwin as a royal commissioner inquiring into drug activity. [More…]
1 ) Mr Justice Woodward, in his second report, concluded that ‘the Aboriginal people themselves must be fully consulted about all steps proposed to be taken’ in relation to land rights, even though this would involve some delays. [More…]
Some honourable members expressed the view that justice had to be done and that the matter had to be disposed of as quickly as possible. [More…]
They were well motivated and had sincere beliefs in terms of justice being done. [More…]
Which recommendations has the Government accepted from Mr Justice Toose who was invited to conduct the Independent Enquiry into the Repatriation System in October 1971 (Hansard, 7 October 1971, page 2025) and who presented his report on 28 January 1976 (Hansard, 19 February 1976, page 105). [More…]
I was talking about an effort to have Mr Justice McGregor expand the terms of reference- but as for now his attitude would be: ‘Stiff luck old boy, you cannot trust those judges. [More…]
On 9 August 1978, Mr Andy Mamarika of Groote Eylandt in the Northern Territory pleaded guilty before Mr Justice Gallop in the Supreme Court of the Northern Territory to a charge of manslaughter. [More…]
The Government is conscious of the difficulties that have, at times, emerged in the application of the existing criminal justice system to members of the Aboriginal race or the other problems that flow from decisions of the kind made by Mr Justice Gallop. [More…]
With a view to finding a solution to those difficulties and to ensuring equitable treatment under our criminal justice system to all members of the Australian community, the Australian Law Reform Commission has been asked to examine the whole question of the recognition and application of Aboriginal customary law. [More…]
I ask whether he stills holds this view and whether he has transmitted it to the inquiry which is being conducted under Mr Justice Bowen. [More…]
Item 6469 covering evacuation of the contents of the gravid uterus by curettage or suction curettage was introduced into the Schedule from 22 April 1974 as part of the recommendations of the Medical Fees Tribunal 1973 which was under the chairmanship of Mr Justice J. T. Ludeke. [More…]
On the matter just raised by the honourable member for Chifley (Mr Armitage), as I understand, it refers to telexes that relate apparently to statements made by the Chief Justice of New South Wales. [More…]
The matter raised by the honourable member for Chifley concerned a statement reportedly made by the Chief Justice of New South Wales, Sir Laurence Street, alleging impropriety in respect of a letter received by him from the honourable member for Macquarie (Mr Gillard). [More…]
The honourable member for Macquarie apparently wrote in certain terms to the Chief Justice as to which the judge made comment. [More…]
-Further to what I was saying earlier: From what the Chief Justice has said, he has deluded himself into believing that the letter’s intended destination was, first, for his own eyes and thence into his own back pocket. [More…]
Reading the grossly excessive and uncalled for verbiage to which I have referred, the ordinary reasonable man in the street could easily come to the conclusion that the Chief Justice was severely castigating the honourable member for an alleged attempt to pervert the course of justice. [More…]
To attempt to pervert the course of justice is a crime well known to the law, and indeed ranks high on the criminal calendar. [More…]
As a consequence of these unfortunate utterances, the Chief Justice himself has more than likely committed contempt of the Federal Parliament- an institution to which, despite his exalted position, he is accountable and from which he has no immunity. [More…]
It is my earnest wish that the Chief Justice should now appreciate that he has utterly and completely misdirected himself as to the totality and intention of the letter to which I have referred. [More…]
and (3) In March 1978, the Committee of Reference for Defence Force Pay, an independent advisory body to the Minister for Defence under the chairmanship of Mr Justice Coldham, a Deputy President of the Conciliation and Arbitration Commission, advised on the correct pay levels to which all Service other rank employments, including the airman aircrews categories, should be allocated. [More…]
They are required to act according to substantial justice and to take into account any difficulty which may exist in establishing relevant particulars about a claim. [More…]
I point out to honourable members what was said by the Attorney-General (Senator Durack) in the Senate, that the work in which Mr Justice Fox is engaged is expected to conclude towards the end of 1980 and, therefore, he has been appointed by the Government until 31 December 1980. [More…]
-The object of this Bill is to ratify the appointment of Mr Justice Fox as AmbassadoratLarge on nuclear matters. [More…]
On how many sitting days did each Justice of the (a) High Court, (b) Federal Court of Australia, (c) Supreme Courts of (i) the Australian Capital Territory and (ii) the Northern Territory and (d) Family Court of Australia sit during (A) 1976 and (B) 1977. [More…]
When will he present to the Parliament the Government’s submission to the Inquiry into Doctors’ Fees conducted by Mr Justice Ludeke. [More…]
The defamation proceedings between Mr Tom Uren and John Fairfax and Sons Limited our client were settled by order made by consent of the parties by His Honour Mr Justice Nagel after the case commenced yesterday. [More…]
In so doing, I indicate to the House that it is my understanding that the honourable member for Burke (Mr Keith Johnson) intends to raise as a matter of privilege an order issued in that case by His Honour Mr Justice Begg. [More…]
It is true, as has been reiterated at some length during the second reading speech, that an extensive royal commission under Mr Justice Hope was held and that people certainly had there - [More…]
-As I have already indicated, Mr Justice Staples ‘ letter came to me merely with a ‘with compliments’ slip, without comment, after it had been distributed to all members of the Commission, as I now understand. [More…]
-Is the Minister for Industrial Relations aware that on 1 1 October members of his staff distributed to members of the Parliamentary Press Gallery copies of Mr Justice Staples’ 13-page correspondence to him on the Conciliation and Arbitration Amendment Bill? [More…]
-Can the Minister for Industrial Relations explain why, in the course of the debate on the Conciliation and Arbitration Amendment Bill, he did not mention that he had received a letter from Mr Justice Staples when that letter was of direct relevance to the contents of the Bill? [More…]
I quote from the full transcript of the item on PM on Mr Justice Staples’ letter: [More…]
In an extraordinary letter to his colleagues in the Arbitration Commission, Mr Justice Staples has condemned the Government’s latest changes to the conciliation and arbitration system. [More…]
The letter from Mr Justice Staples to members of the Commission- both the commissioners and deputy presidents, I believe- was a matter of public comment and record before any copies came from my office. [More…]
-I ask the Minister for Industrial Relations: When did he first learn that members of his personal staff released copies of Mr Justice Staples’ letter on the Conciliation and Arbitration Amendment Bill to members of the Parliamentary Press Gallery on the night of Thursday, 1 1 October? [More…]
I want to reveal now that I am informed that the Australian Security Intelligence Organisation, with the knowledge of the Government, has had a tap on Mr Justice Staples ‘s private telephone for nearly three weeks. [More…]
Does the Government have any evidence of the extent of the circulation of the letter of Mr Justice Staples? [More…]
The introduction of this legislation provided an opportunity for the Government to provide a measure of social justice to Commonwealth Government employees who, through injury or disease, are permanently or partially incapacitated and are not able in whole or in part to discharge their duties. [More…]
It therefore provided an opportunity for the Government to give social justice to the families of those government employees whose death had deprived their families of their breadwinners. [More…]
It was an opportunity for this Government to resolve areas of anomalies within the Act and at the same time to produce legislative remedies that could overcome the inordinate delays that bedevil the present administration of the Act- delays of such duration that they are a paramount cause of hardship and legal injustice to many Commonwealth employees. [More…]
The problem could be that a person suffers a loss but he may not be able to find out who was responsible until some other person has been brought to justice. [More…]
As the Minister for Business and Consumer Affairs (Mr Fife) knows, the wheels of justice turn slowly and could well take over two years to turn from the date on which the loss occurred. [More…]
The committee which is presided over by His Honour Mr Justice Coldham would need to be set up on a statutory basis. [More…]
The qualifications of a Justice of the High Court shall be as follows: He must be either or have been a Judge of the Supreme Court of a State, or be or have been a practising barrister or a solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing. [More…]
It is a technical Bill which makes amendments to the Tribunal which are based on the recommendations of the Administrative Review Council chaired by Mr Justice Brennan. [More…]
Will he assure this Parliament that he will view this matter with great concern in order that justice may be given in baby bonus payments? [More…]
I think the best way to resolve this problem is to quote from the Chairman of the Development Assistance Committee which is under the Organisation for Economic Co-operation and Development - the authority, and the only authority, that examines aid programmes and which makes comments upon the size, equity and justice of them. [More…]
On what system of social and economic justice is this sort of system based? [More…]
If any honourable member is convinced that full justice is not being done in any particular case, then I am only too happy for the matter to be brought to me personally. [More…]
It is desirable, because of the enormous difficulties of one people ruling another with justice, that there should be as much consensus as possible in this House as to what should be done in Papua and New Guinea. [More…]
But if one should go to those same Ministerial Members and suggest that the Government should take their land there would be a violent reaction in the other direction - a denial of powers to act or of justice in acting. [More…]
The Association of Professional Engineers of Australia, the Professional Officers Association and the Association of Architects Engineers Surveyors and Draughtsmen of Australia knew, too, that Mr Justice Wright .and Mr Commissioner Portus, who had heard the 1961 and 1962 engineering cases, had stated that the Board’s interim offer was not enough. [More…]
If anybody knew what the rate ought to be, it was Mr Justice Wright and Mr Commissioner Portus because in 1961 and 1962 they had made an assessment of the rates which represented a completely new charter for the professional engineers of this country. [More…]
The associations knew that Mr Justice Wright and Mr Commissioner Portus would constitute a majority on the bench of the Commission which would finally decide the matter, and therefore they were entitled to assume that there would be some increases in salaries above those which the Public Service Board had fixed. [More…]
As to the first interpretation, the most experienced arbitrators - Mr Justice Wright and Mr Commissioner Portus, who both sat on the previous engineering cases in 1961 and 1962 - stated that the amounts granted were not enough, though for differing reasons, but Mr Chambers and Mr Justice Moore said that the amounts granted were correct. [More…]
Indeed, many members are saying that the Commission has taken advantage of such policies, and that’ there appears to be no room for temperate and responsible policies if justice is to be achieved before the Commission. [More…]
The honourable member for Hindmarsh made the remarkable statement that the associations were entitled to expect that they would have a majority because two of the members of the bench - the presiding judge, Mr Justice Wright, and Commissioner Portus - had sat on an earlier engineers’ case and granted big increases. [More…]
I will read from page 8 of the roneoed copy of the judgment delivered by Mr Justice Wright. [More…]
Another extract that ought to be brought to the attention of the House is from page 7 of the roneod copy of the joint majority decision of Mr Justice Moore and Mr Arbitrator Chambers. [More…]
I think it can properly be said that in the event two members of the Public Service Arbitration Act bench - Mr Justice Moore and Mr Arbitrator Chambers - decided to treat the Board’s rates as proper rates and to make determinations accordingly. [More…]
The presiding member of the two benches - Mr Justice Wright - and Mr Commissioner Portus were of the view that higher rates were warranted. [More…]
I commence my substantive answer by saying first that justice is not and never should be a cloistered virtue. [More…]
Allegations of this kind are all the more apt to be mischievous when they are made about the administration of justice in an emerging nation - a nation we all want to see emerge to independence and full nationhood. [More…]
Why is it that the Standing Committee of Commonwealth and State AttorneysGeneral has not released so far the text of the first interim report of Mr Justice Eggleston’s Company Law Advisory Committee although it has since released the full text of the second, third and fourth reports? [More…]
We have now been promised legislation to implement one of the 30 recommendations of Mr Justice Manning’s bills of exchange report of May 1964. [More…]
It is a question of justice and the rights of all Australians, lt is not a question of power; it is a question of equality among Australians wherever they happen to live. [More…]
The tragedy of last week’s fiasco was the total failure of any of the Liberal and Country Party leaders, State or Federal, to come to grips with any question of justice or equality or need as between Australians or between the States. [More…]
Yet in the same speech he announced - I applaud the announcement - that the Government will accept the recommendation of Mr Justice Nimmo’s Committee to facilitate automatic deduction of contributions from wages and salaries. [More…]
The Australian Labour Party was founded by men who strove for the wider horizons of education, the principle of loyalty to their fellow workers and their community, the need for associations to achieve these purposes and concepts of justice and democracy for every individual. [More…]
I could use the words of Martin Luther King when he said: ‘Injustice anywhere is a threat to justice everywhere’. [More…]
L. O. Martin, Minister for Justice in the United Australia Party Government, called the police to silence or eject the honourable member for Mackellar. [More…]
That kind of justice went out with the Ark. [More…]
If the Government allows this kind of thing to occur it will become the laughing stock of the world and be completely discredited in the eyes of all who believe in justice. [More…]
You will not give justice to people and you will not protect their legal rights. [More…]
There is no economic justice in this and no justice in terms of logic, equity or the efficient use of resources. [More…]
The Attorney-General will have noted, I am sure with interest, the ruling by Mr Justice Fox that under the criminal law which applies in the Australian Capital Territory it is not permissible for the police to fingerprint persons in custody unless that course is necessary for identification. [More…]
In other words, will the Government ‘be content with the ruling given by Mr Justice Fox or will it wish to remove the restrictions which His Honour’s ruling has imposed in such matter.s? [More…]
I have, of course, read with interest the newspaper reports of the judgment of His Honour Mr Justice Fox. [More…]
They were routed and told in no uncertain terms by the Chief Justice that it was necessary to make that decision. [More…]
I would like to see him vote with the Opposition on this matter so that men can be released from gaol and justice can be given to those people fighting against an undeclared war. [More…]
If honourable members want to see some comments on the nature of justice 1 refer them to a very fine book called ‘New Guinea’. [More…]
He points out that one of the problems of New Guinea justice is that it has a long tradition in which the District Commissioner was the magistrate, the District Commissioner was ako the head of the police which made the accusation and the District Commissioner was in charge of the prison in which the offender was goaled, and that too often the distinction between law and administrative convenience was blurred. [More…]
If, here in Australia, we can build a society that is secure and yet free; which encourages enterprise and yet gives social justice; which expands its economy yet preserves and improves its cultural and physical surroundings; if we can build such a society - and we can - we will become the wonder and the example of the world. [More…]
I suggest that the Commonwealth endeavour to support arguments that give justice, and even enter into consent documents to make the arbitration system one of economic equity. [More…]
We can only hope that the Government will recognise these many problems and will take urgent steps to rectify this situation by legislating for the final abolition of the means test and pension justice for all. [More…]
These people are seeking only what every trade union and professional group is seeking - an unbiased investigation into today’s remuneration structure so that all sections of the community will receive wage and salary justice. [More…]
I believe in the freedom of the individual and tho preservation of his sacred right to liberty and justice. [More…]
I am quite certain that many Australians are concerned about this travesty of electoral justice. [More…]
In addressing a question to the Attorney-General I refer to the report of the committee under Mr Justice Manning presented in May 1964, which made recommendations concerning bills of exchange, including cheques. [More…]
The Government does accept in substance all the recommendations of the committee that was headed by Mr Justice Manning, and it is proposed in the current sessional period to introduce legislation which was foreshadowed in the Governor-General’s Speech. [More…]
This legislation will introduce the most substantial of the proposals recommended by Mr Justice Manning’s committee. [More…]
I refer particularly to the very good work that is being done by the Australian Conservation Foundation of which the Chief Justice of the High Court, Sir Garfield Barwick, is President. [More…]
Which scheme is based on justice and on social need? [More…]
It is regrettable that State boundaries stop us from giving justice to pensioners. [More…]
It does seem though, as honourable members from this side have pointed out, that the Minister for Social Services (Mr Wentworth), with all his great talk about social justice and what he would do for the people of Australia, has proved that he is a bits and pieces and patch up man in respect of social welfare. [More…]
Even though he is a mixed up character, I rather like the side of him that struggles for social justice and does not look under his bed every night for pink elephants. [More…]
But how different the theory appears if we accept, as President Nixon is now coming to accept and the Labor Party has always accepted, the rightful place of nationalism and demands for social and economic justice. [More…]
M. Eskell, M.L.C., had been reconsidered in the tight of (a) the evidence given to Mr Justice Street about his conduct and (b) the resolution passed by the New South Wales Legislative Council for his demotion, did he tell me that the General had not been charged with or convicted of any military or civil offence which would form the basis of disciplinary action (Hansard,15th May 1969, page 1936). [More…]
-I desire to inform the House that we have in the gallery this afternoon the distinguished Chief Justices attending the Fourth Asian Judicial Conference in Canberra. [More…]
I might say that Sir Garfield Barwick, a former member of this House and a Minister and now the Chief Justice of the High Court of Australia, is the Chairman of the Conference.I am sure that all honourable members will join with me in welcoming them to this House. [More…]
The review of the terms of Australia’s acceptance of the compulsory jurisdiction of the Internationa) Court of Justice, mentioned in my pre [More…]
They sit over there silently and put up with anything in preference to giving justice to the people who represent this country. [More…]
Recently he was the President of the International Court of Justice, which is also known as the World Court. [More…]
I think it would do justice to the defence policy of the Australian Labor Party. [More…]
I would like to feel that he was getting the justice to which he is entitled. [More…]
I would like to feel that the police and the justice of this country were taking all steps possible to find this man and bring him to justice so that the harm he has done to the honourable member for Lalor may be rectified. [More…]
This man should be brought to justice. [More…]
Justice might have its way today. [More…]
At dusk, after the mass demonstration had ended, a small segment of the crowd, members of radical splinter groups, moved across Constitution Avenue to the Labour and Justice Department buildings where they burned United States flags, threw paint bombs and other missiles and were repelled by tear gas released by the police. [More…]
But if a thing it worth fighting for, no matter what the penalty is I will fight for the right, and truth and justice will prevail. [More…]
I issued a pamphlet, and I quoted the words ‘Injustice anywhere is a threat to justice everywhere’. [More…]
If it is the right of the farmers to walk down the streets of Melbourne to seek economic justice - and I support them - surely it is the right of men who feel appalled that their Government is supporting actions in Vietnam which are equal to the Nazi atrocities in the Second World War to demonstrate? [More…]
They are of little significance at all in this country and to spend so much time in this House writing them larger than life size does no justice to this Parliament and does the country no sense. [More…]
I will not read them out fully, but I think it worth pointing out to the House just what the recommendations of the Nimmo Committee are because it is implied in the way in which the Opposition has framed its request for the discussion of this matter of public importance - although the honourable member for Oxley, who has just spoken, in justice did put a qualification on it - that the Nimmo Committee in a way supported the approach of the Labor Party with respect to hospitals. [More…]
If any justice at all is to be found in its actions, the Government will backdate this provision, as we have proposed, to 31st December 1967. [More…]
I believe that the third paragraph in my amendment will bring some justice to the situation. [More…]
In 1940, the late Mr Justice O’Mara in the then Commonwealth Court of Conciliation and Arbitration, ruled that an award of the Court could validly attach conditions to the earning and receipt of wages (and overtime) and insist on those conditions being met before any money became due to an employee covered by the award. [More…]
I ask whether the honourable and learned gentleman has noticed that a Supreme Court judge in Rabaul has now quashed the conviction of the chairman of the Mataungan Association and has said that there had been a definite miscarriage of justice in that, among other reasons, the accused had been unable to call a witness because no effort had been made to find the witness and he could not locate him as he was in custody at the time. [More…]
Will the Minister therefore take immediate steps to remove this discriminatory, iniquitous and unjust policy to ensure that the mentally ill are treated with justice and equity? [More…]
I represent an electorate which believes in justice to all manner of people. [More…]
If farmers march, it is for democracy and justice. [More…]
Now the higher courts of Papua and New Guinea have declared that Councillor To Rangis was denied natural justice. [More…]
Now Mr Justice Minogue, speaking of two of the other men we visited, has said that they were denied counsel; that they were denied witnesses; that certain evidence should have been admitted; that they were denied the right to cross-examine witnesses, and that their trial was a miscarriage of justice and it should be quashed and a new trial held. [More…]
But the Supreme Court of the Territory has said in effect that the courts of law discriminated against the men whom we saw because of their miscarriages of justice and denials of natural justice. [More…]
Then a year ago, in an address to the Australian Conservation Foundation, Sir Percy Spender, Q.C., a distinguished former Commonwealth Minister and member of this House who later became President of the International Court of Justice, expressed the view that the off-shore rights of the Commonwealth under the Australian Constitution were as complete and as exclusive of the rights of the States as those established by the Supreme Court of Canada as belonging there to the Federation. [More…]
But I should mention also that in August 1969, in the case of Bonser v. La Macchia the Chief Justice of the High Court of Australia and Mr Justice Windeyer look occasion to state their considered opinion on the respective off-shore rights of the Commonwealth and the States. [More…]
Three justices did not consider the matter further at all, one did so, but without finding it necessary to decide the further questions involved. [More…]
The judgments of the Chief Justice and Sir Victor Windeyer do not therefore constitute a formal decision by the full High Court. [More…]
If the States are not prepared to accept as definitive the judgments of the Chief Justice of Australia and Mr Justice Windeyer in Bonser v. La Macchia, it is their right to commence proceedings which will raise squarely for decision by the full High Court any issues they wish to contest. [More…]
But it is clear, and was expressly recognised by the Chief Justice and Mr Justice Windeyer in Bonser v. La Macchia, that pre- 1900 the colonies were competent, as the States still are, by virtue of their plenary power to make laws for the peace, order and good government of the territory assigned to them, to make laws that would operate extra-territorially - that is to say, beyond their land boundaries and in and on the territorial sea and, where necessary, the high seas beyond. [More…]
It is quite clear from the figures that I have quoted that members of the Country Party, if they were sincere on this issue, would come out and support us in our attempt to gain a little more justice for the rural producer. [More…]
In fact justice and legislation as an instrument of it are just as important. [More…]
I refer to such matters as the extent of discretionary powers and regulation making powers; the provision of appeals in appropriate cases from administrative determinations; the observance of natural justice in administrative proceedings; the conferring of powers of entry, search and arrest; retrospective legislation; departures from the ordinary rules of evidence; and onus of proof. [More…]
The amendments to the Companies Acts will give effect to recommendations by the Company Law Advisory Committee, consisting of Mr Justice Eggleston, as Chairman, Mr J. M. Rodd, C.B.E., and Mr P. C. E. Cox. [More…]
The provision which has been included in two of the accompanying Bills provides for reference to a justice of the peace for a warrant to enter premises in which dairy produce is produced if the consent of the occupier is not forthcoming. [More…]
The answer to the second part is that as I understand the position - I hope I will be corrected by anyone who has a different view - the late Dr Evatt did resign from this Parliament to take up a position as Chief Justice of the Supreme Court of New South Wales. [More…]
Today the honourable member for Macarthur (Mr Jeff Bate) has brought forward a motion and ample time should have been given for it to be debated by this House, but because of the peculiar circumstances in which we are placed today there just is not time to do justice to any section of it or even to make a broad statement of the fact that the Government is very conscious of what is going on and what is being done. [More…]
He admitted that his, or Mr Justice Eggleston’s, guesstimate at election time of $ 1 6m extra cost to the Commonwealth and almost no extra cost to contributors was out by over 100% as far as the Commonwealth was concerned and that the increase in subscriptions from contributors would be at least $22m per year. [More…]
It included Mr Justice Nimmo and Sir Leslie Melville. [More…]
I accept that as I assume we all do as social justice which has motivated not only modern social welfare states but many other earlier and even ancient societies. [More…]
The appeal was heard by Mr Justice Minogue in the Supreme Court on 14th April 1970. [More…]
The appeal was heard by Mr Justice Minogue in the Supreme Court on 14th April 1970 and, on 15th April 1970, His Honour quashed the conviction. [More…]
I am not denying the justice of that, but 1 think that the contribution by the Commonwealth should be on the basis of the procedure and not according to the kind of doctor involved. [More…]
We decided that the only way we could give justice to lower income earners in Australia, of whom there are thousands, would be to ensure that those who had a gross income of $45 a week should get an entirely free cover. [More…]
The report of the New South Wales Labor Government’s royal commission, headed by Mr Justice Cook, established that there was highly organised manipulation of the wool market in 1959. [More…]
I only hope that the Victorian Liberal Government brings that man to justice because justice should be done in this case. [More…]
But all I submit is that it is rough justice to suggest that it is not inflationary and to solve what the Government calls an inflation problem by putting the penalty on other people altogether by increasing the impact of the interest rate. [More…]
Maybe if the Government did justice to people in this group through tax concessions it might not have to worry so much about what it thinks crf the horrendous impact of inflation. [More…]
It was not we who have foisted the multi-racial council on the Tolai people and enabled it to lake over their economic assets, lt was not I but the Acting Chief Justice of the Territory who found a gross miscarriage of justice in tincase of Damien Kereku. [More…]
This records remarks made by the Western Australian Minister for Mines and Justice, Mr Griffith. [More…]
Section 26 of the Corrective Institutions Ordinance provides that when a visiting Justice convicts a detainee of a Corrective Institutions offence he may sentence him to imprisonment for a term not exceeding 1 month in addition to the term which he is serving at the time of committing the offence. [More…]
The Visiting Justice for Kerevat Corrective Institutions was advised of the wearing of the leg irons by the detainee Klak on 25th March 1970. [More…]
However, his report of 27 March 1970 did ‘not reach the Administrator until 23rd April 1970 and the incident did not come to the attention of the Administrator until 21st April 1970 when he received a subsequent report dated 18th April from the Visiting Justice. [More…]
Visiting Justices have been appointed to visit each Corrective Institution regularly. [More…]
Under Section 14 of the Corrective Institutions Ordinance 1957-1963 a visiting justice is required, among other things, to inquire into the conduct of officers and warders and the treatment and conduct of detainees, to inquire into any abuse or irregularity within the institution and to hear complaints made by detainees, and to make a Report of his visit to the Administrator. [More…]
This sort of argument is advanced by those who see some justice in the transfer to the States of money which the Commonwealth derives from surplus revenues. [More…]
Will the Minister show compassion by breaking with past practice in the timing of pension increases and act now to grant the necessary pension justice? [More…]
Their position has deteriorated to the point where the Association of Professional Engineers of Australia, which has never been in favour of direct action or bans on overtime, now has reluctantly come to the view that the only way it will ever get justice from the Commonwealth Government and from the Public Service Board is by resorting to direct action. [More…]
Senator Gorton was referring to Senator Willesee ; with some justice, that in a particular office at a particular time a man could go away for a week and it would not be necessary to replace him, but the inference to be drawn from the extension of that argument is that this could happen throughout the whole of the Public Service. [More…]
This is not only a denial of the Government’s promise but also, in my view, a denial of justice. [More…]
This amendment has been moved as a matter of common justice. [More…]
I am not suggesting that the people who have been dealt with by these committees of inquiry are necessarily innocent, because I do not know, but I think that in the ordinary interests of justice and in accordance with the general proposition which we put up and which the Minister himself puts up in clause 37, in which he allows this type of appeal, some right of appeal should be given against the decisions of the committees of inquiry. [More…]
I am hopeful that the Government will go down in history as the government which recognised and gave justice to its elderly citizens who contributed so much to the affluent society we now enjoy. [More…]
Quite frankly, I feel, though, that in justice to the honourable member for Mallee I should refresh honourable members’ minds as to what he said. [More…]
I refer the Committee to the warnings given by the Commonwealth Committee of Enquiry into Health Insurance, the expert committee appointed by the Government and headed by Mr Justice Nimmo, which analysed the investments of a representative group of organisations. [More…]
I rise on a matter in which a citizen of the Commonwealth has been denied natural justice, by a purported legal means. [More…]
It may be good for profits and called ‘good business’ but it is scandalous that people who assume that they are protected by the laws of this country find out in their time of distress that they have been denied justice. [More…]
In 1969 the United States State Department sought to refuse him a visa to enter that country, but this attempt was overruled by the Attorney-General and the Justice Department. [More…]
The Deputy Leader of the Liberal Party in Queensland, Dr Delamothe, who is the Queensland Minister for Justice - and this is recorded officially in the minutes of March this year - said: [More…]
It is true that at a later stage the Western Australian Minister for Mines and Minister for Justice. [More…]
Chief Justice Barwick said quite frankly and forthrightly that he would not take any notice of the representations of either the Commonwealth or the States. [More…]
Now that the judgment of the International Court of Justice with respect to the North Sea continental shelf case has been given and the full significance of it is beginning to appear,I for one believe there are dramatically new and highly critical considerations to be canvassed. [More…]
The decision of the International Court of Justice goes straight to that point and says that, irrespective of theconvention on the continental shelf, since the beginning of time, where the continental shelf is appurtenant to a State, that State has sovereignty over the continental shelf. [More…]
I quoted on these previous occasions the remarks which Mr Justice Joske, sitting as a judge of the Supreme Court of the Australian Capital Territory, had made early in 1962 on these archaisms. [More…]
I drew this to the attention of the Attorney-General in a question on 1 1 th March last, lt will be remembered that Mt Justice Fox, the primary judge of the Supreme Court in the Australian Capital Territory, had acquitted one of Mr [More…]
It is not inappropriate that today, the day of the visit of the Prime Minister of Canada, formerly Minister of Justice in Canada, we should pay some heed in practice to the notable statement he made that the Government has no place in the bedrooms of the nation. [More…]
Honourable members will recall that that committee was chaired by Mr Justice Manning of the Supreme Court of New South Wales and that its report was presented to Parliament on 12th October 1965. [More…]
I can only suggest that, while what he said may have some element of truth and justice, there is not very much point at this stage in trying to bring in the whole field of education beyond and below the level dealt with in the Bill. [More…]
Mr Justice Eggleston also recommends that in future there should be automatic adjustments in academic salaries following national wage case decisions, and stales that the percentage increases recommended in the report are calculated on the assumption that automatic adjustments will be approved. [More…]
The Government has decided that it will contribute its normal share of any increases approved bv the State governments up to the limits proposed by Mr Justice Eggleston, with effect from 1st January 1970. [More…]
All Premiers and State Ministers for Education have received copies of Mr Justice Eggleston’s report and have been informed of the Government’s intentions, lt is for each Stale Government to decide whether it will support the recommendations of Mr Justice Eggleston. [More…]
In addition, Mr Justice Eggleston makes certain suggestions about the manner in which future inquiries should be conducted. [More…]
Mr Justice Eggleston made his fundamental survey for this report in 1964 and what he is doing now, apart from making suggestions about colleges of advanced education and one or two other matters, is updating the actual salary level. [More…]
Mr Justice Eggleston said: [More…]
This is quite clearly the main consideration which has activitated Mr Justice Eggleston in his decision. [More…]
I do not think there are any reasons to assume that the- State governments will not co-operate now that the Commonwealth Government has made so clear its intention to follow the procedures in this respect recommended by Mr Justice Eggleston. [More…]
There is, however, one other problem and this is referred to in the report at page 16 where Mr Justice Eggleston says: [More…]
Reference was made in the State submissions to the fact that any determination of academic salaries as a result of this report would have repercussive effects on the salaries paid to teachers in colleges of advanced education, as a consequence of the recommendations made by my colleague Mr Justice Sweeney. [More…]
Insofar as any of my recommendations may have the consequence of raising the salaries of other persons who have similar claims based on comparative wage or salary justice, I cannot feel that this is a factor which should cause me to hold my hand. [More…]
What happened in the case of academic salaries was that the State governments did request the Commonwealth to appoint Mr Justice Eggleston to go into the question of these salaries. [More…]
I understand that Mr Justice Eggleston has recommended that the result of a national wage case should be applied to academic salaries. [More…]
Yes, I realise that, but I will explain it in this way: What Mr Justice Eggleston has recommended for academic salaries normally applies to awards for people actually in work. [More…]
There is no justice in a policy that asks not less of this family but more because of a misfortune to which it has in no way contributed. [More…]
I hope that this will happen because if the present Government of South Australia does not succeed in introducing some measure of relief into areas such as the one in which 1 live, where some farmers still have earth floors in their houses, there will be a grave miscarriage of justice because of the fact that a proportion of their income in that area, due to the city milk price being higher than the manufacturing price, takes the ratio beyond the SO-SO set down in this Bill as the minimum condition. [More…]
Things will be better for law and order and justice during those few months when Australia retains control over the administration of law in the Territory if he is given that responsibility. [More…]
They were farmers fighting for justice and decent representation by honourable members opposite. [More…]
They were fighting for justice; fighting to save themselves from bankruptcy; fighting to save their families - all because of the policies adopted by this Government. [More…]
The inequity of this over-simplified rule of thumb method of dispensing justice is further highlighted when an examination i.s made of the schedule of deliveries to the Wheat Board since its inception. [More…]
If the quota plan is to prevail then common justice demands that the principle of a minimum wage accorded the worker should be extended to the wheat grower. [More…]
I have not had advice from the AttorneyGeneral (Mr Hughes) or from the Chief Justice or anybody else, but as 1 see it, if you impose a levy, as it is called in these Bills, on a commodity, it then becomes an excise or duty. [More…]
Subsequently Mr Justice Minogue in the Supreme Court of the Territory held that there had been ‘denial of natural justice’ and ‘gross miscarriage of justice’ in cases in connection with the affair which led to their imprisonment. [More…]
In their treatment of local government and semigovernment - their clients - the States parallel the parable of the unjust steward; they beg justice from the rich lord, but deny it to their own servants. [More…]
I have in my possession some information released by the United States Department of Justice during 1969 which discloses the types of people who are hijacking aircraft in the United States. [More…]
When the present Chief Justice of the High Court of Australia was Attorney-General he made a statement in this House that he refused to hand over a war criminal who was responsible for some 3,000 or 4,000 deaths in a Balkan country - a crime of which there was overwhelming evidence. [More…]
The agenda is: To develop adequate standards and procedures (a) to prevent criminal action which may endager the safety of air transport and (b) as to means by which offenders can be brought to justice. [More…]
They were given substantial payments to which they were entitled in justice but to which they were not entitled under the DFRB Act. [More…]
I also received nearly my contributions in full but with no interest.I think that the Government in the course of the years by practical application of justice has rectified the situation in respect of so many of the cases to which attention has been directed. [More…]
This seems to be a mutter of clear moral justice. [More…]
I feel sure that if the Government had in fact conceded the justice of many of the amendments, which quite frankly do not do the sort of things I would like them to do because they are bolstering up a basic scheme with which I disagree, it would have made the situation much better than it is at the moment. [More…]
I think Mr Justice Cook was the chairman of one of the royal commissions. [More…]
Have the many representations from a wide variety of sources convinced the Minister of the existence of seething unrest and industrial dissatisfaction among engineers because of denial of salary justice and professional status? [More…]
This is a blatant case of a denial of natural justice. [More…]
The honourable member started off by saying that this issue was a denial of natural justice. [More…]
It is not merely by way of instinct but also by way of discipline that I warm to any suggestion that there has been any denial of natural justice, that a person has not had the opportunity to be heard. [More…]
The lad said to the commanding officer that he would accept the summary justice of the commanding officer, and subsequently he was awarded 28 days detention, lt might be a matter of judgment as to whether in all the circumstances that sentence was adequate or severe. [More…]
Perhaps if in the interests of human justice, and of truth, the news media and journals of our day can find the courage to publish my letter to you,I may find truth, or perhaps, Mr Prime Minister, time may show that my son did not die in vain. [More…]
With this information we could bring the scheme to an end, with justice being done to the settlers. [More…]
I would like to quote from Dr Bray who is now the Chief Justice of South Australia. [More…]
United States Justice Frankfurter had this to say: [More…]
It is a careless, slipshod and lazy way of administering justice. [More…]
He pointed out that it contained real bias against industrial justice. [More…]
It should have been treated in much the same way as the present Chief Justice when AttorneyGeneral treated the Matrimonial Causes Bill, the Marriage Act, the restricted trade practices legislation and the copyright legislation. [More…]
This does not allow justice to be done on a matter that is so vital to the interests of over 300,000 Commonwealth employees and also national servicemen militia and men serving in certain sections of the forces. [More…]
I refer to the one major recommendation of Mr Justice Eggleston’s report which I believe is educationally unfortunate, namely, the award of a lesser percentage increase at the bottom of the lecturing scale than at the higher levels. [More…]
-I point out to the honourable member that the report was obtained from Mr Justice Eggleston and his assessors at the request of State governments, which have a very large financial stake in the question of salaries for professors and lecturers. [More…]
As was announced at the time, Mr Justice Fox, a Judge of the Supreme Court of the Australian Capital Territory, agreed to undertake the inquiry. [More…]
by leave- The Minister for the Army (Mr Peacock) has tabled the report of thu Committee of Inquiry into the Royal Military College, Duntroon, headed by Mr Justice Fox. [More…]
The report of Mr Justice Fox and his Committee was submitted to the Minister on 24th April. [More…]
Among other things, the judgment contains these gems of wisdom from the Chief Justice. [More…]
This is what the Chief Justice said in the last paragraph of the judgment [More…]
Of course, Mr Justice Dunphy agreed with that. [More…]
Mr Justice Morgan, for whose knowledge of the law I have a profound respect, very reluctantly had to admit that in his opinion that is what it meant. [More…]
No wonder tradesman’s assistants are noi able to get wage justice from the Commonwealth Arbitration Commission when Commissioners make stupid statements like that - that any person with average intelligence can become a good tradesman’s assistant in a very short time. [More…]
Previously Mr Justice Higgins held the view that deregistration left the award in operation but un ons could not take action for breaches of the award. [More…]
I quote now from a judgment of Mr Justice Higgins in the Engine Drivers case contained in the fifth volume of the Commonwealth Arbitration reports at page 27. [More…]
Mr Justice Higgins said: [More…]
Mr Justice Higgins once remarked on the fact that although in theory the court had power to decrease wages as well as to increase them, every case he had ever handled had been to interfere by way of increase. [More…]
Mr Justice Higgins also said: [More…]
He can afford to stand flat footed against all demands for wage justice because he knows that arbitration will never order him to grant that which a free trade union movement could obtain by direct action. [More…]
Mr Justice Higgins said: [More…]
I take the case in which Mr Justice Dunphy dealt with a strike by the Victorian railway workers. [More…]
Mr Justice Dunphy said: [More…]
Why was the Visiting Justice for Kerevat Corrective Institution advised on 25th March U970 that leg irons were placed upon the detainee Klak between 3rd December 1969 and 18th February 1970 but not advised that they were also placed upon the detainee Tobebe between 5th and 17th March 1970 (Hansard,8th May 1970, page 1941). [More…]
Why did the Visiting Justice’s reportof 27th March not reach the Administrator until after his report of 18th April (Hansard, 8th May 1970, page 1941). [More…]
Had the Visiting Justice visited Kerevat between the date of the two reports, if so, when. [More…]
On what earlier occasions had the Visiting Justice been advised of the wearing of leg irons. [More…]
Has the death of the late Mr Justice Wright made it necessary for the Association of Professional Engineers of Australia to abandon its High Court action against the Commonwealth Arbitration Commission’s decision to disregard the view of some of its own members in favour of the view taken by the Public Service Board on salaries for professional engineers. [More…]
Have repeated approaches for a measure of salary justice been made to the Department and the Public Service Board by the officers concerned. [More…]
Has he received a letter from Mr Frank Power, a Justice of the Peace of Elwood, Victoria, replying to his letter of 27th February 1970, in relation to the possibility of achieving uniformity throughout the Commonwealth in the provision of swifter compensation payments for victims of the road toll. [More…]
We regard bail as a right of an accused under the British form of justice. [More…]
I ask the Prime Minister whether he has had the opportunity to consider the reported statement by Mr Justice Nimmo to ihe effect that the inquiry into health insurance over which he presided produced evidence of ‘appalling social and economic distress in this affluent country’? [More…]
The Commonwealth, of course, and indeed the Parliament, has considered the report of Mr Justice Nimmo on how to best provide the best health scheme for the people of this country and the Government and the Parliament have taken action to do so. [More…]
The view that the summons has to be supported by an affidavit at the time of its issue, and certainty at the time of its service, was expressed by Mr Justice Kerr in 1969 in proceedings in the [More…]
I trust that if the Leader of the Opposition brings in such a Bill again he will do himself better justice and he might well have a look at the words I have offered today as a basis for consideration. [More…]
Honourable members on this side of the House are amazed to think that the Government would deny justice to one of its supporters and not allow him to express views publicly which could mean so much to him electorally, lt is for this reason that the amendment has been moved today. [More…]
I do so more in justice to the honourable member for the Northern Territory than for anything else. [More…]
In old fashioned jargon it could be called a denial of natural justice. [More…]
He believed deeply in truth and justice and mercy among men. [More…]
He said that he would explore every avenue open to him short of intervention, which is not possible for a Minister in such cases, to see whether justice could be done in this case. [More…]
I place on record tonight my personal appreciation and that of the Medlyn family for the justice - no doubt delayed justice - which has been received by the suffering Medlyn family because of war injuries sustained by this man. [More…]
The fact that be received SI 0,000 in back money - a net amount of just on $7,000 - indicates at least that at this stage the Repatriation Department has rectified what I considered to be a grievous injustice. [More…]
All honourable members must be gratified to know that justice, although somewhat delayed, has been done. [More…]
If there is a Minister who is prepared to take notice of the representation made in the Parliament, justice can be won. [More…]
But at least now he has received justice and it came to him only through the democratic process. [More…]
I share the Minister’s satisfaction at knowing that justice has been done to a man who served his country well and who, despite the great payment made to him, is still suffering great and serious disabilities. [More…]
Tonight I pay my personal tribute to the Minister for Repatriation and to his Department for a very splendid effort to give justice to an ex-serviceman. [More…]
There has been a gradual erosion of this monument of social justice to the not so fortunate in our community. [More…]
The United States Justice Department is reported to be currently examining the joint ownership of newspapers, television and broadcasting stations to see whether the Anti-Monopoly Act is being violated, and where it finds such violations have occurred, it will undoubtedly call on the FCC to refuse to renew the licences and issue them to other applicants. [More…]
I have done only scant justice to the kind of things brought out by Robin Day in his most penetrating article and his conclusions. [More…]
Despite the Prime Minister’s promise, despite the emergence of a new Treasurer, despite a year of work by the Treasury, we are no nearer a real revision of the tax schedules, no nearer justice and equity in personal taxation, no nearer that fairer redistribution of wealth and fairer distribution of burdens which should be one of the prime objects of taxation in an enlightened community. [More…]
The grossly unequal distribution of the burden remains; the grossly unequal distribution of the benefit, such as it is, intensifies the injustice. [More…]
It was far more important to produce justice than to reduce the total tax. [More…]
At great loss to revenue, the Treasurer has managed to produce only great injustice. [More…]
There will never be justice to pensioners as long as their needs have to be met solely by cash payments dependent upon the economic requirements and political requirements of a particular year’s Budget. [More…]
So let us look at the Government’s economic policies whichever way we will, we come to the same result: Misallocation of resources and mal-distribution of wealth or, in ordinary terms, inefficiency and injustice. [More…]
Speaking of the American malaise, Justice William O. Douglas has said: [More…]
The question for all Australians is whether we stand for a society embodying justice and fairness and equality of sacrifice and equality of privilege. [More…]
If, as I firmly believe, they stand for justice, for the fair go, they will throw out this disgraceful Budget and with it throw out this discredited Government. [More…]
gave the Government an opportunity to honour its pledges at the last general election, it also gave the Government an opportunity to restore taxation justice and social justice. [More…]
For a number of years now I, and I am sure other honourable members, have received representations from the cosmetic and toiletry manufacturers concerning sales tax justice. [More…]
Where is the justice in this Budget? [More…]
This Budget denies justice to the mass of the people of Australia as it disregards the basic facts of supreme importance to the economic life of the nation. [More…]
Is there no sense of justice in the Government? [More…]
Similarly, the oil companies dealt out their measure of justice to the Australian people by increasing their prices. [More…]
It denies justice to pensioners and families. [More…]
In terms of amount of capital grant per increase in student numbers, the figures show a gross injustice to Queensland. [More…]
The great fear is that there will be no opportunity to catch up if the financing of a new university at Mount Gravatt in the 1973-75 triennium prevents justice being done to the needs of St Lucia. [More…]
justice and equity in personal taxation, no nearer that fairer redistribution of wealth and fairer distribution of burdens which should be one of the prime objects of taxation in an enlightened community. [More…]
Opposition spoke of injustice and inequity when referring to a man on a salary of $10,000 who receives tax relief of about $350 while a man on a salary of $3,000 receives tax relief of about $50. [More…]
Presumably, his justice and his equity demand that each of those persons receives the same absolute relief. [More…]
I hope he is also concerned for justice. [More…]
On Thursday, 20th August, a request was made to Mr Justice Taylor that the case be heard by the Court of Appeal of New South Wales on the grounds that the men had been denied natural justice and that their actions did not constitute in law contempt of court. [More…]
Mr Justice Taylor held that there could be an arguable complaint about a denial of natural justice and he was concerned whether their conduct constituted contempt of court. [More…]
In spite of this the Chief Justice refused to assemble the Court this week. [More…]
There has been a severe denial of justice to these men. [More…]
It should not be forgotten that the Chief Justice had the same material before him as Mr Justice Taylor had last week and at that time I remind the House that Mr Justice Taylor stated that there was an arguable case, yet with the High Court the matter could not even be heard. [More…]
Can he explain on what basis the Chief Justice exercises his discretion on whether or not a case will be heard? [More…]
The answer to such situations is not increasing repression, or what the Government likes to call ‘law and order’, but to give equal justice to all citizens. [More…]
Mr Speaker, I ask the Attorney-General to tell us whether the rule of law is to apply equally, whether we are to grant justice to all citizens equally across the board, or whether it is only to be granted to those whose political standards are similar to those of the Government. [More…]
Let us hear the Attorney-General tell us whether he is interested in justice as well. [More…]
I suggest the honourable member for Kingston would use his time better if he called for mercy, leniency and justice for people who were more deserving of it. [More…]
I spent some time with the honourable member explaining to him that it was no part of my function as Attorney-General of the Commonwealth to intervene in any way so as to influence the justices of the High Court and, in particular, the Chief Justice of the High Court, who disposes the Court’s administration. [More…]
I explained that it was no part of my function as Commonwealth AttorneyGeneral to influence the Chief Justice or the justices of the High Court as to how they disposed of their business or ran the list of their cases. [More…]
He has brought the matter up to make cheap political capital and because he is in sympathy with the unlawful and violent activities of these men who disgraced the court and the name of justice and who were rightly sent to gaol for a gross contempt. [More…]
The judgment handed down by his honour Mr Justice Spicer was in the form to which the Leader of the Opposition has referred and in consequence both the Guild and the Seamen’s Union have made application to the Government for a consideration of whether there should be a reimbursement of the costs incurred by both the Guild and the Seamen’s Union. [More…]
This is a regrettable decision, a.s 1 believe there will be a strong possibility of justice not appearing to be done in the considerations and conclusions ultimately disclosed. [More…]
Why were Commonwealth Post-graduate students awards not included among those matters to be reported upon by Mr Justice Eggleston when he recently considered academic salaries in universities. [More…]
Has the right honourable gentleman received the report on the inquiry which Mr Justice Prentice recommended 5 weeks ago into what he called the perfectly disgraceful state of affairs under which an indigenous hospital patient who was too ill even to walk was flown from Lae to Finschhafen to face an attempted murder charge and was then found to be the wrong man? [More…]
Has the attention of the Attorney-General been drawn to the reported claim by the Queensland Minister for Justice that, in accord with the decision of the High Court of Australia in the Worthing case, when this House passes the Territorial Sea and Continental Shelf Bill that could lead to the successful establishment of floating brothels and casinos outside the control of the State police forces? [More…]
1 have read a newspaper report of some remarks attributed to my State colleague, Dr Delamothe, the Minister for Justice in Queensland. [More…]
I emphasise to the House that there is a world of difference between ownership, which is the concept that the Minister of Justice in Queensland has iri mind, and sovereignty, lt is quite erroneous in my judgment for the Minister for Justice of Queensland to suggest that State laws will cease to have any application when the Commonwealth legislation, that is, the Territorial Sea and Continental Shelf Bill, is passed. [More…]
The remarks attributed to the Minister for Justice of Queensland seem to overlook completely the provisions of clause 13b of the Territorial Sea and Continental Shelf Bill, because clause 13b expressly provides that nothing in the preceding provisions of the Bill is to be taken as limiting or excluding the operation of any law of a State in force at the date of the commencement of the Act. [More…]
None of the weak attempts by a succession of honourable members on the other side of the House has lessened the natural antagonism of all fair-minded Australians to this gross miscarriage of justice. [More…]
May I inquire whether he is still forcibly endeavouring to encourage the Government to introduce this provision which even the honourable member for Holt, who preceded me in this debate, contends is so necessary if people are to receive the justice they deserve? [More…]
If the Minister is not inclined to concern himself seriously about this matter I hope that in the interests of justice to Australian ex-servicemen, who are getting a pretty raw deal under the provisions of the Budget, the Prime Minister might have a discussion with the Minister for Repatriation. [More…]
It needs compassion, economic and social justice and, above all, national credibility. [More…]
When the court is able to deal with it they might get some measure of belated justice. [More…]
Need I remind anyone in this House of the fate of the last referendum when the people of Australia consciously refused to increase the number of members in this House and, by an overwhelming majority, gave what they hoped would be social justice to the Aboriginals? [More…]
It could well be that there should be only one definition of ‘income’ to bring it into line with the thoughts of a former Justice of the High Court, Mr Justice Dixon, who, when asked to give a definition of income, was quoted as saying: ‘Income is what comes in’. [More…]
Within eight weeks after the result of any election has been declared, every candidate at the election shall sign and declare before a Justice of the Peace and file with the Commonwealth Electoral Officer for the Slate a true return of his electoral expenses showing; - [More…]
I quote a statement by Mr Justice Jacobs, a Judge of Appeal of the New South Wales Supreme Court. [More…]
1 firmly believe that this attitude must disappear if the administration of justice is to remain healthy and vital. [More…]
Therefore the 50c rise in the pension is more than a quantitative mistake; it betokens a fundamentally wrong economic approach and a total absence of a sense of social justice. [More…]
The question that he and other Government members should examine is why over such a wide spectrum, from airline pilots to garbage men, people with diverse ways of life are striking for economic justice. [More…]
They include security for its people to enjoy a high standard of living with truly satisfying lives in the widest sense and to contribute significantly to the world’s less developed nations in every way - by general aid, education, food and contributing to international law and order, by resisting aggression, and influencing to the extent we are able truly peaceful co-operation between nations, based on justice, truth and mercy among men. [More…]
The region has presented them with many problems and difficulties which they have faced with courage, determination and justice as an historical act that again indicates the great and honourable cation it is. [More…]
There is no method, no justice and no respect for the aged or the sick. [More…]
Before this increase was granted one judge was getting only $23,000 a year and the Chief Justice could not exist on $30,000. [More…]
The other payments proposed in the Budget are to be backdated in most instances, but there is no similar justice for pensioners. [More…]
There is need for real social justice for pensioners and workers in industry. [More…]
I will say this without fear of contradiction: If this had been left to the House to remedy, if it had been left to the Government and the Government parties to remedy, there would have been no justice done. [More…]
Three members might have voted against k and the Opposition would have made what capital it could out of the situation, but there would have been no remedy and no justice. [More…]
The only thing that brought about justice in this case was that this went out to the public and it went out to the Press, and it came back in a tidal wave that overwhelmed the Prime Minister of the day. [More…]
Here was a matter that shrieked for inquiry and for justice and nothing was done about it here. [More…]
It has been said that justice must not only be done but it must be seen to be done. [More…]
When the matter went before the High Court and was dismissed the Chief Justice made some comments. [More…]
When dismissing Zarb’s appeal the Chief Justice, when speaking on one of the main grounds - that is, that Zarb had an honest belief that he had been granted exemption - said that the assertion that Zarb had this belief was ‘markedly dishonest’ and that the submission was ‘not merely unmeritorious but without any foundation’. [More…]
However, the situation at this moment is that on Wednesday last the employers made an application to Mr Justice Gallagher for a bans clause and he deferred that application until Monday, 7th September, in Sydney and in the meantime ordered a return to work. [More…]
The matter will come on before Mr Justice Gallagher again on Monday. [More…]
My question is directed to the Minister for Labour and National Service and relates to the inquiry being conducted by Mr Justice Smithers into the conscientious beliefs of Mr Brian Ross which apparently commenced with a private meeting between the judge and Ross on 24th August. [More…]
Did Mr Justice Smithers have a further private talk with Ross in [More…]
Was Mr Justice Smithers appointed by the Government to hold an open judicial inquiry into Ross’s beliefs, or a series of private talks with Ross? [More…]
Mr Justice Smithers was appointed to inquire into the conscientious beliefs of Mr Ross and to report. [More…]
After reading the Press report, I expect to receive a report from Mr Justice Smithers very shortly. [More…]
rise to speak in this debate with some sorrow because in the 12 years that I have spent in this Parliament I have found, whether it be on the eve of the 1959 Melbourne Peace Conference when the Attorney-General, Sir Garfield Barwick, who is now the Chief Justice of Australia spoke, or on the occasion of the conference in Sydney in 1964 when Sir Robert Menzies spoke, that on each occasion a statement has been made in an attempt to smear certain citizens who stand up for their inalienable rights. [More…]
We must remember that we are talking about injustice and if there is a threat to justice anywhere it is a threat to justice everywhere. [More…]
I do not think honourable members do themselves justice in suggesting that. [More…]
Having been here a short time I do not believe they do justice to me either or to any of the other people 1 know in that category. [More…]
Only in the interests of justice and of serving the people generally did we introduce the guillotine, and under the most severe provocation. [More…]
But this is not to say that we do ourselves any justice in this place in the matter of our remuneration, tt is a ridiculous situation to spend all day, as I did yesterday, in a meeting of the Public Accounts Committee, asking on behalf of the people of this country senior public servants to account for their stewardship, only to realise that each one of the 30 or 40 who came before us probably was being paid more than his masters, the parliamentary representatives on the Committee. [More…]
Perhaps they are not as badly off as I am but they are certainly in a position where they cannot do justice to their work without some extra help. [More…]
If justice is to be given, that adjustment must be made to offset this decline in the purchasing power of money and it must be made in sufficiently frequent intervals to enable these people to keep pace with this continual decline. [More…]
I express the hope that justice will be done in the next Budget and that the retrogression will not be allowed to proceed any further. [More…]
This is because these unfortunate males have not formed themselves into a union or pressure group to get justice and if anything screams for justice it is the situation of these unfortunates who, probably through a desire not to disgrace their children, did not contest the divorce petition, perhaps because they were not in a position to pay the exorbitant legal costs charged in divorce cases. [More…]
Mr Justice Dunphy. [More…]
It should be noted that no Justice of the Peace in the Territory of Papua and New Guinea exercises the jurisdiction of any of the courts of the Territory by virtue of that office. [More…]
For instance, in 1964 a decision was made in the Equity Court in New South Wales by Mr Justice Myers in a case involving Bayer Pharma Pty Ltd which is a subsidiary of Sterling Drug Inc. [More…]
The United States Justice Department in March of this year charged in Washington that Bristol Myers had conspired with 2 other big drug companies to monopolise the sale of a major antibiotic and thus to keep its price artificially high. [More…]
On the basis of the information and the charges made by the United States Justice Department this was a clear monopoly activity - ‘oligopoly’ would be the more correct term - by Bristol Myers conspiring with other companies to restrict the provision of a particular drug on the market so that prices could be maintained at a high level. [More…]
One of the officers committed for trial at the Supreme Court was tried before Mr Justice Kelly but was acquitted, the judge saying that in view of the evidence given by Crown witnesses and the contradictions of evidence given by Crown witnesses, and in view of the medical evidence, he was not able to be satisfied beyond reasonable doubt of the guilt of the accused officer. [More…]
By any reasonable social scale of human and social economic justice the increases proposed are totally inadequate for the needs of people in the community today. [More…]
There is no moral justice in this sort of practice. [More…]
Their need is greater than mine and social justice demands that greatest benefit from social welfare programmes must go to areas of greatest need as a priority. [More…]
Such comparisons are specious and do not assist in securing justice for the pensioners. [More…]
While wage and salary earners have access to machinery to obtain wage justice, the pensioner is at the complete mercy of the Government in securing a just deal. [More…]
lt is common justice that there should be that tie. [More…]
Accordingly, as tends to happen, unless people are in a strong pressure group they do not get justice. [More…]
Consequently they do not get the necessary justice. [More…]
Unless this is done and unless justice is given to all these segments of the community about which I have spoken today - those with families, the civilian widow who has so much to look after, the deserted wife, the invalid and age pensioner and these various other sections of our community who need assistance - this Parliament will stand damned. [More…]
Unless something is done to give justice to these segments of our community this Parliament will stand damned as not having removed underprivilege, poverty and human degradation. [More…]
1 hope that he will not lessen his determination to see that justice is done in this area. [More…]
Very briefly I want to bring to the notice of the Minister for Social Services (Mr Wentworth) a matter which I think exemplifies the need to amend the Social Services Act in order to give justice to migrants and Australians generally. [More…]
Up to date statistics for expenditure on law enforcement, as on so many other matters of crucial public concern, are unavailable but I have been able to ascertain that in the 5 years between 1957-58 and 1962-63 the States increased their per capita outlay for the administration of justice by 26 per cent, for police by 27 per cent and for penal establishments by 35 per cent. [More…]
The late Mr Justice Barry pointed out that: [More…]
If the amounts provided by the Government in the Budget are insufficientand if theconsideration which it has given to the compensation plans submitted to it by the Returned Services League fall short of what that organisation sought and of what honourable members on this side of the House believe would be ordinary justice, the Minister, together with those who comprise the Ministry deserves to be criticised. [More…]
Each year the National Executive of the RSL asks that a certain measure of justice be given to ex-servicemen, but just as easily the Government pushes the request aside and gives no consideration at all to the compensation plan presented by the RSL. [More…]
It has asked that a measure of justice should be given to the ex-servicemen of this country, but the requests have been refused. [More…]
Quite a complete and complex administration system has been set up in order to try to give justice to ex-servicemen. [More…]
I am afraid that quite often justice becomes too important and mercy becomes unimportant. [More…]
I have found that the officers of the Department are most helpful in the advice that they tender and that they assist the men to get justice. [More…]
They want justice; they want a good pension. [More…]
Simply because it would be right out of the bounds of justice and fair reasoning. [More…]
If not, will he make inquiries and if there is such an allegation will he make arrangements with his colleague, the Attorney-General, to have a Supreme Court judge made available to inquire into the allegations so that Mr Gelmanovski himself does not have to pursue the alternative of instituting expensive legal proceedings and so that justice will have the appearance of being done in the matter? [More…]
Public sacrifice - throwing virgins off the rocks or homosexuals into gaol - to placate the ancient gods is not the job of the criminal justice system. [More…]
If we remember the situation at that time, there were likely to have been injustices and miscarriages of justice. [More…]
The pressure of events during war time surely would have mitigated against justice in many cases. [More…]
But whatever the Minister says justice must be done and an area outside the metropolitan area must be accepted as the place for an aerodrome. [More…]
On what date didthe Minister approve of the recent regulations which led to his request on 10th August 1970 for Mr Justice Smithers to examine whether Brian James Ross in fact held conscientious beliefs which did not enable him to undertake military service? [More…]
In view of the Minister’s statement that there are still no regulations which authorised his reference to Mr Justice Smithers, will he state why this innocent young man was permitted to serve 11 months in prison before the Minister bothered to take any action to have his case examined? [More…]
Finally, in view of the fact that Mr Justice Smithers made his report to the Minister on 7th September 1970, how does he explain the fact that Mr Ross was permitted to remain in prison for 14 days after the learned judge had found that Mr Ross holds conscientious beliefs which do not allow him to engage in any form of military service? [More…]
That objection might have been taken when prices were payable but today they are completely unpayable and the farmer knows that he needs to claim justice and he needs political representatives who will fight for it. [More…]
It will at least get rid of some of the surplus and it will be doing some justice to fellow Australians instead of exploiting them. [More…]
The University has provided the following information concerning salaries in excess of $10,000 per annum which are now being paid as a consequence of the recommendations of Mr Justice Eggleston earlier this year: [More…]
This is a demonstration of justice and fairness. [More…]
I do not believe that anybody’s rights to natural justice or that anybody’s rights of any kind are infringed by the fact that a photograph is taken of him and if, in fact, at some later stage there should be a question of fact arise I see no reason why that photograph should not be produced to decide what the actual facts were. [More…]
He has used a glib tongue to secure his own position in this respect while he prods and pushes young men to thwart military justice. [More…]
His wife is the daughter of a late Justice of the Supreme Court of New South Wales who was also the Vice-Chairman of the Commonwealth Immigration Advisory Council. [More…]
Last week he was attacking the Premier of South Australia and the former Chief Justice, the present Governor of Queensland. [More…]
A Justice of the Peace who has been sitting on the bench for many years finds that his hands are tied and he can do nothing but commit a man to gaol for something that is obviously a psychiatric matter, whether it is alcoholism or the effect of the pressures of modern day life on the Aboriginals or, in very many cases, on the itinerants who come to the north. [More…]
The war supporters have had the young of this country for 10 years to 20 years of their lives, imbibing their text books, their editorials, their commercials, their documentaries and their censor-scanned fiction founded on a clear cut judgment of our establishment as justice and other systems as being malevolent. [More…]
In all fairness to the- Minister 1 must say that he has taken a full interest in this matter and he is interested in seeing that justice will be done. [More…]
Would it be any good for me to stand in this chamber this afternoon and say in respect of the areas of Rostrevor, Campbelltown, Paradise and Dernancourt in the electorate which I represent that I was doing justice to the burdens that confront these young people who will become new home owners or who are new home owners by saying that 5,000 new electors have come into these areas since writs were issued for the last Federal House of Representatives election? [More…]
He pleaded his case on the basis of a High Court case presided over by, if I remember rightly, the late Mr Justice Higgins and he won his case. [More…]
These miscreants were standing up in public, holding meetings in private and in public, even going to the extreme lengths of holding demonstrations to demand recognition of their problems, a solution of their problems and access to justice. [More…]
They had no cameras then so they simply tried in the courts those insurgents who sought justice and had them transported across the seas to the new colony. [More…]
Mr Justice Moore, Mr Justice Williams, Mr Justice Aird, Mr Justice Franki and Mr Justice Robinson were all actively engaged in representing employing interests at the time of their respective appointments. [More…]
The presiding judge in the Commonwealth Public Service case, Mr Justice Wright, said the revised rates determined by the Public Service Board did not do full justice to professional engineers. [More…]
Following the failure to obtain anything like wage justice from the Arbitration Commission’s split decision of 3rd December last year, a new claim was made directly on the Board on 6th May this year. [More…]
Some of these men resigned; others decided to wait and see whether the scientists case gave them a greater measure of wage justice. [More…]
Did Mr Justice Williams say that this power is one that expands or contracts according to the dangers to the security of Australia and that the power is peculiarly one with respect to which it is the duty of the High Court to be satisfied as to the facts? [More…]
Does the Minister realise that this action is considered a threat to the wage standard of Commonwealth meat inspectors who have long been demanding wage justice and a hearing before the Public Service Arbitrator to press their claims? [More…]
The first interpretation of any weight was given by Mr Justice Windeyer in the case of William White which honourable gentlemen, will recall as a controversial issue in the 1966 election campaign. [More…]
Mr Justice Windeyer defined any form of military service in the following way: [More…]
As Mr Justice Windeyer pointed out, such an objection was permissible in the United Kingdom during World War II. [More…]
Unfortunately, the logic of this interpretation did not have a great deal of influence on his fellow magistrates hearing these cases; the great majority preferred to abide by the dicta of Mr Justice Windeyer. [More…]
Here the Chief Justice, Sir Garfield Barwick, interpreted the language of the provisions to mean that the conscientious belief must be all embracing in relation to soldiering, including soldiering in any capacity in the defence, or in aid of the defence, of this country in any circumstances. [More…]
According to the Chief Justice, the section required the conviction, viewed as of the present, to be unlimited in relation to time. [More…]
It should be noted, however, there was a minority opinion from Mr Justice Menzies that tended to the view that an objection could be sustained even if it were only to a war being waged at the moment. [More…]
In Mr Justice Menzies’ view a conscientious belief against serving in any war now being waged would suffice for exemption. [More…]
Something of the absurdity of the present status of the law is implicit in the finding by Mr Justice Smithers in the Brian Ross case. [More…]
Mr Justice Smithers, goes on to say at page 4 of his report: [More…]
The honourable gentleman relies for the authority for that statement on a judgment by Mr Justice Windeyer. [More…]
He relies solely upon the following excerpt from a judgment by Mr Justice Windeyer: [More…]
The major part of his argument went to the adequacy of a person claiming conscientious objection on the well known ground, which I can best put by referring to the words of the Chief Justice of the High Court of Australia, Sir Garfield Barwick: ‘A present conscientious belief which does not allow of participation in military service of any kind at any time’. [More…]
I conclude my remarks with a quotation from Mr Justice Windeyer in the Zarb case. [More…]
Something should be done to provide justice to all sections of the community - not only wage earners but those on fixed incomes and those people whose incomes are uncertain, such as the farming section and so on - and to curb the capacity of those who are able to adjust their prices to suit themselves. [More…]
It imposes a burden on people, such as pensioners, when if justice were applied that burden should be carried by the wealthy. [More…]
The Committee will be under the chairmanship of Mr Justice Franki, a Deputy President of the Commonwealth Conciliation and Arbitration Commission. [More…]
If this is to be so - and again we get the ubiquitous ‘if - then there is a good deal of justice in applying a sales tax in an ad valorem fashion. [More…]
Perhaps the Minister for Customs and Excise (Mr Chipp) will assure the House that this increased revenue will go back in full to the States for road maintenance and will not add to the S800m Treasury surplus alleged earlier in the debate so that State Ministers, in particular the responsible Western Australian Minister, will stop gaoling businessmen in the form of truck owners who happen to have a bad run and cannot pay the fines imposed by the special courts appointed to deal out this so-called justice. [More…]
It is due to a basic misunderstanding of social justice that the Opposition would seek to do this. [More…]
There is a great difference between social justice, as it is administered to people, and forced equalisation. [More…]
What did the Government do to a former member of this House who dared stand in this House and seek an inquiry on a matter in which he thought justice had to be done. [More…]
Did the editors of Butterworth’s Fourth Edition of ‘Federal Industrial Laws’ at page 380 slate that Mr Justice Dunphy exhibited some rather dubious reasoning when he ruled in the case of Commonwealth Steamship Owners Association v. Waterside Workers’ Federation of Australia that an organisation, party to a batt, is concerned in that ban at every moment of time that the ban continues. [More…]
In ‘Federal Industrial Laws’ at page 379 of the fourth edition, the editors quote, in part, the remarks of Mr Justice Dunphy set out in part (I) of the answer to the honourable member’s question No. [More…]
On page 380 of the .same edition, the editors express the view that the judgment of Mr Justice Dunphy in Commonwealth Steamship Owners Association v. Waterside Workers Federation of Australia (No. [More…]
Yes, because, as will be seen from the above, the editors do not express the view that the judgment of Mr Justice Dunphy in the 1960 case at 2 F.L.R. [More…]
But that is on the basis that we did think that the imprisonment was unjust and contrary to what we could regard as natural justice. [More…]
In spite of these conditions, demands for wage justice for meat inspectors over a long period went ignored. [More…]
Wage justice has not been given to these Commonwealth Government employees, yet the Government can afford to bring 50 inspectors from New Zealand at a cost, most probably, of $65,000. [More…]
Finally, after all this has been done, to ensure that justice is administered fully, there is the Joint Committee on Atomic Energy of the United States Congress. [More…]
The Committee will be under the chairmanship of Mr Justice Kerr, C.M.G., a judge of the Commonwealth Industrial Court since 1966. [More…]
How can one possibly expect that the men of our fighting services will receive any justice from him when he says that one of the main points of this committee of inquiry will be to investigate pay conditions, and when only yesterday in the House of Representatives he damned the suggestion of the Labor Party that our fighting men were entitled to better pay and conditions than they have at present. [More…]
A Labor government would promptly act to establish wage justice for our servicemen. [More…]
If the honourable gentleman turns back on the case he sought to make out I think he will be disposed to agree with me that such a suggestion verges on being an affront to the integrity of His Honour Mr Justice Kerr. [More…]
I would think it quite beyond Mr Justice Kerr for him in any way to say: ‘No, I must not accept this because it may embarrass the Government’. [More…]
Mr Justice Kerr’s integrity is completely beyond question. [More…]
It is readily conceded on all sides that the one who will preside over it, Mr Justice Kerr, is able, highly intelligent and a man of the utmost integrity and of wide and varied experience. [More…]
We are entitled, as a matter of common justice, to equal representation with the Government on the speaking list. [More…]
If not, will the Prime Minister, in the Australian tradition of justice and equality, issue a directive that these 2 boys are to be declared ineligible for national service training? [More…]
Mr Justice Wright described the Commonwealth’s case as ‘meaningless’. [More…]
In our egalitarian society, where we judge that a man’s skill ought to be rewarded by the possession of skill, his willingness to work and the way in which he works, we believe that wages should be determined by relative wage justice and not by the possession of industrial power. [More…]
On 27th December 1967 Mr Justice Gallagher and Commissioner Winter in a joint statement from the Bench rebuked the present Treasurer for his attack upon the Commission’s decision in granting pay rises in the 1967 metal trades case. [More…]
On page 66 of his reasons for judgment, Mr Justice Moore pointed out that the previous statement of the Commission that ‘increases in prices are determined by those who fix prices’ is a truth that cannot be emphasised enough. [More…]
It drew forth the reply from Mr Justice Gallagher and Commissioner Winter and which has already been mentioned. [More…]
No-one can deny that it has been allowed and encouraged - one might say even forced - to depart from the original concept of Mr Justice Higgins who, years ago. [More…]
The reasoning behind this section is very similar to the reasoning that lies behind the sub judice rule in courts of law - which is to ensure that justice appears to be done, and that the parties appearing appear to get a fair go, that the tribunal itself is protected and not subjected to pressures, because if it has to make a decision, and it has to make a decision sooner or later, it must appear, above all else, that when it does give that decision, it is made on the evidence before it and the submissions that are put to it and which can be answered before it; and not by what someone like the Prime Minister or any other Minister has said outside the tribunal and which cannot be answered before the tribunal. [More…]
Reference has been made already to the speech by counsel, Mr Justice Kerr as he is today, back in the 1966 national wage case when he said that they only wanted a moderate wage increase. [More…]
Please help us more’ - I think it was Mr Justice Wright who said it - there was no assistance from the Commonwealth at all. [More…]
So the Chief Justice of the High Court said that it would be absurd to suggest that the Arbitration Commission could ignore the economic consequences of a wage fixing decision. [More…]
If in this matter of public importance what is being alleged by the honourable member for Hindmarsh, who shows his venom yet again against Mr Justice Dunphy - perhaps the whole thing is symbolic of this - is that the Arbitration Commission is capable of being influenced or coerced by things said by a Minister outside the Parliament, there is a clear implication that the members of the Arbitration Commission are ignoring their oaths of office, are breaking their oaths of office. [More…]
The committee will be under the chairmanship of Mr Justice Kerr, and it will undoubtedly be referred to as the Kerr Committee. [More…]
If this is a representative sample of justice in Townsville, T would suggest it is time that attention was given to using the courts to dispense justice without fear or favour and without regard to colour. [More…]
This is not justice. [More…]
The pensioner seeks his rights as a human being, as one who has worked and paid taxes, as one who requires justice under the law rather than the exercise of official discretions. [More…]
Justice must be done, and it is high time this nation said to Canberra that the rate of pension should always allow our senior citizens to live without anxiety. [More…]
The fact that no-one has been brought to justice in respect of the very serious matters to which the [More…]
There have been unremitting efforts on the part of State police, in which the Commonwealth police have joined, and indeed are joining at the moment, to bring these offenders to justice. [More…]
This morning I have been in touch with the Acting Commissioner of Commonwealth Police, who has informed me that officers of his force are collaborating with officers of the Victorian police force with a view to ensuring that the offender is or offenders are brought to justice. [More…]
The purpose of this Bill is to appropriate additional grants to met the Commonwealth’s contribution to the costs of the new levels of academic salaries in universities that the Government agreed to support from 1st January 1970, in accordance with recommendations of Mr Justice Eggleston. [More…]
These amounts are also in line with the recommendations of Mr Justice Eggleston. [More…]
I firmly believe that the Tasmanian Government, on the basts of this provision, should have sued the Commonwealth Government to obtain shipping freight justice for Tasmania. [More…]
I believe that a Federal shipping subsidy is necessary to offset the freight increases in Tasmania and to give Tasmania economic justice with the mainland States which have road and rail transport alternatives. [More…]
I am prepared to give justice where it is due, that one of the first steps he took was to bring Aboriginal people into his Department and give them responsible and effective positions. [More…]
In order to do justice we must admit first that the natives have the right to their own lands. [More…]
Although it has survived one minor attack in the Tasmanian Breweries Pty Ltd case, its applicability to intrastate trade will depend on the ability of the Chief Justice to convince the majority of his colleagues in the High Court that it has regulatory rather than prohibitory operation under the principles stated in Hughes and Vale Pty Ltd v. the State of New South Wales. [More…]
Positive consumer price control will provide for economic justice to housewive, pensioner and primary producer alike. [More…]
As a matter of fact, this is a matter that was dealt with a generation ago by a most distinguished royal commission presided over by Mr Justice Pike. [More…]
In 1958 the New South Wales Government set up a judicial inquiry under Mr Justice Cook, if my memory serves me correctly, to investigate wool matters, including the allegation of the existence of pies. [More…]
In 1961 the Commonwealth Wool Marketing Committee of Inquiry was set up under Mr Justice Philp but it failed to make any recommendations towards improving the marketing situation. [More…]
Will the Minister immediately initiate the necessary action, including the allocation of the required finance, staff and resources, to restore justice to that State keeping in mind that this discrimination has been a continuing feature as exemplified by the fact that it existed when I first entered this Parliament in 1961? [More…]
The consensus between the honourable member for Denison (Dr Solomon) and members of the Opposition might have reached the point where he advanced right up to the gate of true justice. [More…]
2) 1970, the Minister explained that the additional Commonwealth contribution is in accordance with the recommendations made by Mr Justice Eggleston and is designed to meet the new levels of academic salaries in universities and also salary increases in relation to certain university officers in medical schools. [More…]
That part of the Bill which relates to university salaries is based on an inquiry carried out by Mr Justice Eggleston. [More…]
I want to draw the Minister’s attention to some other things that Mr Justice Eggleston bad to say in his report. [More…]
Even this has been made possible only because the inquiry was carried out in haste and, as Mr Justice Eggleston himself indicates, without facing up to all the kinds of questions that might have been dealt with. [More…]
The International Court of Justice has emphasised in a recent North Sea case that what is known as the morphological concept is also inherent in the Convention. [More…]
1 was pleased when I heard on 10th August last that Mr Justice Smithers had been appointed to hear Ross’ case and at a later date to hear that Ross had been released. [More…]
The Chief Justice, Sir Garfield Barwick, at page 235 of his judgment as reported in the Australian Law Journal, saw no great difficulty, for he said: [More…]
Similarly, His Honour Mr Justice Windeyer at page 247 of his judgment as reported in the Australian Law Journal said: [More…]
In Queensland the Department of Justice is responsible for registration of charitable organisations. [More…]
Did Mr Justice Gallagher recently grant a 35-hour week to coal miners on the ground, inter alia, that failure to accede to the union’s demand would lead to industrial unrest. [More…]
The decision of the Tribunal does not indicate that the prospect of industrial unrest was a ground upon which Mr Justice Gallagher granted a 35-hour week to coal miners, lt is noteworthy that in his decision, Mr Justice Gallagher said that the Tribunal instituted the proceedings ‘on its own motion when it became apparent that direct action in the form of strikes and threats of strikes rather than resort to arbitration was being used as the method for obtaining reduced ordinary hours for mine workers’. [More…]
Does the Conciliation and Arbitration Commission still adhere to the doctrine of comparable wage justice when determining wage claims. [More…]
Comparative wage justice, if relevant, is one of the factors. [More…]
As I said before, a Federal Labor Government, in accordance with its policy, would assert ownership of the waters of the Great Barrier Reef and would, if necessary, fight in the International Court of Justice to retain those waters if its actions were challenged. [More…]
There is no evidence before me that I am prepared to pay any attention to of perjury by anybody, nor can 1 see any suggestion of any criminal conspiracy to pervert the ends of public justice, and if I did I would not need any urging to send the papers to the Attorney-General. [More…]
Duncan declined so to do and set about giving an oration to the standers-by and was arrested and charged with obstructing the police, convicted, and from that he appealed to a Court which consisted of Lord Hewitt the Chief Justice, his Lordship Mr Justice Humphries, and his Lordship Mr Justice Singleton, and it may be well known that Chief Justice was a well known champion of liberties, civil and otherwise. [More…]
The position is so bad that no-one of radical appearance or demeanour can assume that he will even be treated as a person, let alone get justice, in many Australian courts. [More…]
Is the Prime Minister aware of the statement made at the University of New South Wales by the Chief Justice of the High Court, Sir Garfield Barwick, when he described the slow pace of anti-pollution efforts and warned Australians against putting off the issue any longer? [More…]
Let me remind the House that the Liberal members of that committee were 2 Senate Ministers, our High Commissioner in London - the son of one of the Founding Fathers of Federation - and Mr Justice Joske. [More…]
Mr Justice Eggleston and his committee have stressed the need for a Companies Commission and associated reforms on 5 occasions since I96S. [More…]
I quote for the Minister the view that was expressed in 1968 by Sir Richard Kirby, Mr Justice Gallagher and Mr Justice Moore who gave a unanimous judgment that year. [More…]
The 2 great problems in a total economy are to do justice to people who have to live out of incomes and therefore ate concerned about prices - the majority of them in an industrial economy are wage earners - and to cut the right sort of balance between that part of the total which we do not consume today and that which we invest; that is, to strike a proper balance between consumption and investment, and to realise we divide investment into 2 great fields, public investment and private investment. [More…]
In no other way can justice be done to pensioners and other lower income earners. [More…]
Again if one analyses the 6 per cent national wage increase, instead of emotionally over-reacting, it is clear that there was little room for any other decision if economic justice was to prevail. [More…]
The Minister for Foreign Affairs (Mr McMahon), the former Treasurer, tonight said that the Government stood for justice for everybody. [More…]
I want to examine this proposition of providing justice for everyone to which this Government referred when it presented its last Budget. [More…]
Let us compare that position with the hypocrisy of this Government which says that there is justice for everybody. [More…]
One gets a little sick of hearing the pious statement that the Government believes in justice for everyone. [More…]
In this year when the Government says that it believes in justice for everyone we find that if a person rents a housing commission dwelling he has to pay in his rent the interest burden of 6 per cent which is the highest rate in the history of State housing authorities. [More…]
Beyond any doubt, had South Australia received the allocation recommended by the Federal Bureau of Roads there would not have been constant pressure from that State to obtain a semblance of justice to complete the Eyre Highway. [More…]
I believe that this case merits not only sympathetic consideration but also that justice demands that an exemption should be granted without the formality of applying on the ground of hardship or for other reasons. [More…]
If they are not persuaded by the argument of social and economic justice to support pension increases as I have recommended, let them be persuaded into supporting this motion by a simple matter of political self-preservation. [More…]
I should like to remind him that every State branch of the Original Old Age and Invalid Pensioners’ Association of Australia resolved unanimously that a supplementary budget should be introduced this session for the purpose of giving pensioners justice. [More…]
It was interesting to read in an article in one of Brisbane’s newspapers at the weekend a report by the State Minister for Justice, Dr Delamothe. [More…]
This provision is in effect a legislative statement of the principles of natural justice, which the Commonwealth Industrial Court requires to be observed in disciplinary proceedings under the rules of organisations registered under the Commonwealth Conciliation and Arbitration Act. [More…]
I defend it not in the sense of the justice of its decision but in the sense of the accuracy of its decision. [More…]
The Minister for Foreign Affairs deserves the severest castigation for thinking that he could stand up in this chamber, put on an act that would do justice to Richard Burton and say that the Commission is irresponsible. [More…]
Why should the worker not get justice? [More…]
We do not know the extent to which the figures reflect changing practices in the administration of justice. [More…]
At the present time in Queensland the Liberal Minister, for Justice, Dr Delamothe. [More…]
In earlier legislation relating to similar Bills the Parliament debated certain clauses which called into question matters of ‘law and justice’. [More…]
I believe that a little less than justice is being done to the people of Papua and New Guinea and that the organisation itself is being a little less than fair, considering the tremendous profits it is able to make, in charging $3 a minute for a call from the Territory to the Australian mainland. [More…]
Another matter I want to deal with, because it raises the question of whether we believe in justice, is the desire of the Leader of the Opposition to have Mr Alan Ramsey called before the Bar of this House. [More…]
Even now it is apparent that any increases given in the Budget would, in justice to pensioners, need to be quite substantial. [More…]
I know that the honourable member for Wills does not like this, but it is justice, you know. [More…]
In fact it was established as long ago as 1955 when Mr Justice Cook indicated clearly the existence of 6 major wool pies. [More…]
In 1964, just before he became Chief Justice of the High Court, Sir Garfield wrote an article for the initial issue of the ‘Federal Law Review’, the journal of the Law School of the School of General Studies at the Australian National University, outlining the functions of such a court. [More…]
Everyone knows - it is a trite saying - that justice delayed is justice denied. [More…]
Nothing is perhaps more important in the administration of justice. [More…]
Mr Justice Gibbs is now on the High Court. [More…]
Mr Justice Kerr is on a committee which is dealing with defence pay and conditions. [More…]
I think Mr Justice Sweeney is on the Bankruptcy Court. [More…]
I understand that Mr Justice Nimmo is helping out in some way in the Attorney-General’s Department. [More…]
As a result, in about October last year, it became apparent that the ideal or model system of justice that had been achieved, with all the extra expense involved, with cases being heard quickly, was beginning to crumble and fall apart at the seams. [More…]
Justice delayed is justice denied. [More…]
The position was, and still is, that each judge of the Commonwealth Industrial Court is an additional judge of the Supreme Court of the Australian Capital Territory, and when His Honour Mr Justice Gibbs was Federal Judge in Bankruptcy, he was also an additional judge of the Supreme Court of the Australian Capital Territory. [More…]
In fact, the delay was due principally to the altitude of the Minister of Justice in [More…]
Moreover, Singapore has a very efficient, honest system of administering justice. [More…]
Some appreciation of the complexity of crime can be gained from a statement in an official United States report entitled The Challenge of Crime in a Free Society’ which was prepared by the President’s Commission on Law Enforcement and Administration of Justice. [More…]
The cost of the administration of justice, prisons and the police in the States of the Commonwealth in 1968-69 was approximately SI 38m. [More…]
We have a negative approach to the concept of justice. [More…]
The backlog of cases and then, contradictorily, often the assembly line system of justice, also undermine respect for the system of justice. [More…]
More especially there is the lack of particular attention for each case which comes before the court, and the failure of our system of justice to recognise that each human being who comes before the court is a human being. [More…]
Things change quickly, lt is regrettable that technology and science have spilt into this area of justice in such a minute sort of way. [More…]
Will a high-powered section involved in research, the sciences and technology appropriate for justice services be developed within the Institute? [More…]
I hope there will be a good injection of people from outside the traditional services maintained by our systems of justice and law enforcement, because we need this outside experience. [More…]
Is is non-violent to deny a human being the right to vote, the right to free choice of employment or the rights to equal wages, equal justice, education, health and social welfare, freedom of assembly, freedom of association, equal participation in cultural activities, freedom to choose his own spouse, the right to strike, freedom of movement, of religion, of political views, and the hundred other rights enshrined in the United Nations Universal Declaration of Human Rights? [More…]
One of the best lawyers this country has ever produced, that is the present Chief Justice, Sir Garfield Barwick, once said that a very good lawyer is not always a very good draftsman. [More…]
Therefore, we are entitled not only to justice but also to the fairest possible treatment. [More…]
We look forward to justice, understanding and tolerance being extended to members on this side of the House. [More…]
In addition, honourable members will recall that the Prime Minister has indicated that the increase in pension rates proposed here is an interim measure only and he said that ‘any increases given in the budget would, in justice to pensioners, need to be quite substantial’. [More…]
is quite obnoxious and contrary to British justice. [More…]
The simple procedures of justice give him the capacity to deny what the Government would find it impossible to prove without a considerable back-up of inspectors. [More…]
I believe this is wrong and contrary to British justice. [More…]
are against the principles of justice as they have applied in this country. [More…]
They were not struck because of a realisation of the socio-economic need of a substantial proportion of the population; nor were they introduced because of the imperatives of social and economic justice; nor were they introduced because of a humanly inspired sense of moral concern for and obligation towards the rights of a very large number of people in the community. [More…]
The day has come when there must be a full revision of social services so that all sections of our community, the aged, the sick, the widowed and all the rest, receive justice from this Parliament. [More…]
The Government seems to have no sense of social justice at all. [More…]
My colleagues who will follow me in this debate, if given the opportunity, will outline alternative schemes which are summarised in the amendment which every honourable member who has any heart, any human compassion and any regard for justice will willingly support. [More…]
The past has gone, and the present demands a new relationship between labour and capital, a relationship which can be made profitable for both by giving to each nothing less than justice. [More…]
We ignore the wise remarks of the Chief Justice of the High Court of Australia, Sir Garfield Barwick, at our peril. [More…]
Australia needs a new government now - a government that can unite management and workers of this country, a government that can work with the people, not against them, for prosperity for all with justice to all. [More…]
If productivity increases then the people who are responsible for that productivity increase ought to share in it, and many of the people who have made this possible over the last 22 years are now dependent upon the Government for justice which they are not getting. [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…]
It is not a new, heart-rending philosophy at all; it is the hard facts of political life which have forced the Government to look towards justice in this field. [More…]
But several eminent economists have shown that it is necessary, if justice is to be done and if the wealth is to be fairly distributed, that wages increase at a faster rate than productivity. [More…]
He said that any increase to be given in the Budget would do justice to pensioners. [More…]
The Minister carefully deviated from the contents of the Bill and directed his remarks to attacking the workers and their trade unions for their activities in trying to gain wage justice and improved working conditions. [More…]
Pensioners do not ask merely for justice for themselves; they ask also for justice for the other underprivileged persons in the community. [More…]
Another injustice in the Social Services Act is the lack of the right of appeal in the case of an applicant for an invalid pension who is rejected on the say-so of one doctor who goes completely by the book in relation to the 85 per cent incapacity provision. [More…]
No applicant should be refused a pension on the say-so of one doctor, lt is only common justice to allow an appeal in those circumstances. [More…]
I was leading to the point where I was about to say that there is no justice in this situation. [More…]
The representations have been dragging on for about 3 years and still the people whom I represent have received no justice, lt is about time the Government got down to looking at this case and started negotiating to give satisfaction to the people employed at Seymour. [More…]
In all equity and justice, disregarding the format of the existing provisions of the Act, surely the benefit of the doubt must go to this woman. [More…]
It is well known in justice that it cannot be left to one judge to make a decision. [More…]
justice is done to everyone and to ensure that the rights of ex-servicemen are protected. [More…]
To lessen the time and percentage factors would lessen the cost and shocks suffered by leaseholders on reap.praisement but it would also retain the problem, by pushing the crunch further into the future, by perpetrating the anomalies, and by delaying justice to leaseholders and the Australian taxpayer. [More…]
I believe that justice has not only been done but also is palpably seen to have been done. [More…]
They protest under the banners of freedom and justice, but they simply do not believe in the freedoms and justice which we cherish in our democracy. [More…]
to point om in good faith errors or defects in the Government or Constitution of die United Kingdom or of any of the King’s Dominions or of the Commonwealth as by law established, or in legislation, or in the administration of justice, wilh a view to the reformation of such errors or defects. [More…]
The author of this pamphlet, who would be well known to many honourable members in this House, is no less a responsible person than Mr Justice Hope of the Supreme Court of New South Wales. [More…]
Mr Justice Hope describes that law and describes how traffic offences are used, and the question of rights in respect of the distribution of leaflets. [More…]
Mr Justice Hope went on to say: [More…]
Mr Deputy SpeakerBefore the suspension of the sitting I was pointing out how that very responsible writer on matters of this sort, Mr Justice Hope of the New South Wales Supreme Court, had stressed the great need to put a balancing element into legislation of this sort. [More…]
It was said by no less a person than Chief Justice Warren that this State law was merely a weapon let loose with devastatingly destructive power for the infringement of freedom. [More…]
Again Chief Justice Warren said: ‘This is ridiculous. [More…]
One of them is now a justice of the High Court of Australia. [More…]
Despite his reputation for probity and integrity - as to which the Chief Justice testified and I have no doubt that be has this general reputation - I am quite sure that a lot of his evidence before me was a pack of lies. [More…]
I can see that the concepts in which we face questions of law and administration of justice are completely different from those of the people opposite. [More…]
It is part of the strength of the community that in fact most of us are not inflicted with injustices all the time. [More…]
It is one of the tributes to our system of justice that over the centuries there has been a consistent effort by people administering the law - judges in the courts, even attorneys-general and people conservative and non conservative - to attempt to make sure that the law shall presume that a person is innocent until proved guilty. [More…]
I believe that we ought not to pass in this House any legislation which confers upon a single man, whether it be a judge, a magistrate or a justice of the peace, the right to gaol another. [More…]
The 3 broad categories to which I have referred all appear to be excluded from the scheme at the moment, lt is because of the difficulties of ensuring that justice is done to all people that 1 am not sure at this stage whether those people would not be better covered by the general financial assistance which is now under consideration through either the Rural Loans Insurance Corporation, the rural reconstruction scheme or some other system. [More…]
Commission, (c) Australia has not first sought, as required by the United Nations Charter, all possible peaceful means of settlement which include asking all powers involved to sign the Accords and to petition and submit all matters in dispute to the determinations of the International Control Commission, the International Court of Justice and United Nations instrumentalities and (d) there are reasonable grounds for presumptions that the Thieu Government came to power in Saigon due to massive foreign aid and maintains power by corrupt procedures and the Lon Nol faction threatened certain key members of the Cambodian Parliament to obtain a near unanimous vote ousting Sihanouk to offset his increasing international support, will he publish refutations in answer to these claims. [More…]
That is not justice. [More…]
Mr Justice Meares, who is the deputy chairman, Brigadier E. F. Campbell who is a consulting psychologist, Mr P. J. Kenny who is the President of the Royal Australasian College of Surgeons, Mr P. G. PakPoy who is a transportation planning and operations research consultant, Professor Robertson who is a professor of pathology, Mr S. E. Solomon who is a statistician, Mr Murray Sweeny who is a mechanical engineer and market researcher and Mr Jack Brabham who is a very well known figure in the car racing world. [More…]
Any Bill, whether it is aimed at trade unionists, at any member of the public or, as in the case of this Bill, at rural industry, incurs my displeasure if that facet of justice does not even appear to be provided for. [More…]
If, notwithstanding precautionary measures, injury or damage is done to the representative of another country, to the premises he occupies, the host state falls under a secondary duty to do its utmost to identify the offender and bring him to justice. [More…]
Id all cases of this kind every effort has been made, and will be made, to detect and locate the offenders and bring them to justice. [More…]
Surely it is contrary to one of the basic principles of British justice for an accused person not to be given full particulars of the charge. [More…]
It says that this is surely the quickest way to lose freedom, to bring into disrepute the law of the land and the administration of justice. [More…]
I would like to support what the honourable member for Batman has said, and I will support him to the full strength of my ability to see that this man is brought to justice. [More…]
Again I say that this legislataion can lead only to confrontation between the public and the law, to a misuse of authority and to the creation of a lack of respect for law and government by those who recognise the lack of justice when an Act is administered in an unjust way. [More…]
It is not unlikely that an individual person who has a particular grievance against a department and who is seeking to obtain individual justice will be liable to be charged under the legislation. [More…]
If similar attacks were made on our Embassy in Moscow we would ask the Soviet authorities to do something to bring the perpetrators of the crime to justice. [More…]
lt needs a practical man with a sound instinct for justice who does his task honestly, firmly and good-humouredly. [More…]
But in the Speaker’s chair, which is a chair of justice, partisanship must be controlled. [More…]
Why should justice be cheap? [More…]
An accused person is entitled and should in all common fairness and natural justice be entitled to full particulars. [More…]
It is a law and order Bill which is concerned very little indeed with justice. [More…]
This is a term which Government supporters speaking in support of the Bill have used very little because, indeed, there is very little justice in this Bill. [More…]
If they wanted to demonstrate against the war in Vietnam or against visitors from a country which supported apartheid or if they wanted to support farmers who were seeking economic justice or old age pensioners they had no freedom of assembly and no freedom of speech. [More…]
On the evidence 1 have from visiting courts of law and watching the results, particularly in the lower courts, I believe that there is no possibility of justice of any sort flowing from language such as this or a law such as this. [More…]
In most cases these people have either had a prohibitive bail fixed by the justice of the peace or the magistrate or been discharged when, in the end, the term of imprisonment for the offence is challenged before a higher court. [More…]
I do not believe that we should place upon magistrates courts, justices of the peace or any other body of that type the requirement to make the kind of judgment that the AttorneyGeneral is asking them to make in this instance, particularly in an area of public controversy such as this. [More…]
Then it puts the onus on the magistrate who is hearing the charge in a lower court of this country, tf the AttorneyGeneral tells me that there is any justice in the lower courts of this country, then I will agree with what the honourable member for Wills (Mr Bryant) said a moment ago, that the Attorney-General has never stood in a lower court in this country for a great many years. [More…]
If one can deduce that there is little or no justice in the lower courts and that there is justice only in the higher courts, one may add the rider that if one has sufficient finance one can avail oneself of the justice which may or may not exist iri the higher courts. [More…]
of this clause includes this heartening evidence of the justice of honourable members opposite: [More…]
This means that in a lower court where only a magistrate or a justice of the peace is sitting, he should not be able to impose prison sentences. [More…]
I do not want to be legalistic about this but it is from two of the greatest jurists this country has ever produced, Sir Owen Dixon and Mr Justice Evatt, as he then was. [More…]
This is Sir Owen Dixon and Mr Justice Evatt- we should have thought that to find an answer it was necessary to look for the substantial elements common to the recognised forms of procedure so called and going to make up the conception of prosecution upon indictment. [More…]
Why are we not receiving answers from all the people who must accept the responsibility for this serious departure from the general principles from justice? [More…]
I would ask this: Are we taking into the new era, as it is called, those things that really matter to the older people in this community - justice, service, self-sacrifice and Christianity? [More…]
The honourable gentleman will know that the matter is before Mr Justice Franki this afternoon. [More…]
In the Restrictive Trade Practices Court in that country judgment was banded down by the President, Sir Stanford Cooper, Mr Justice Buckley, Mr W. L. Heywood and Mr D. V. House after the court had considered the matter from June until October. [More…]
If the Clerk of the House of Representatives cannot be paid at the same salary level as his counterparts in the Commonwealth Public Service, what chance has the parliamentary attendant to obtain salary justice? [More…]
Honourable members will know that the stewards are considering their position in talks with Mr Justice Franki. [More…]
Is it a fact that in 1957 Mr Justice Dixon, in giving judgment in the High Court in the Lunny and Hayley cases, severely criticised section 51 of the Act and said that if he were to be directed to review the section be would have misgivings about what conclusion he would reach? [More…]
In view of the fact that Mr Justice McTiernan, in a dissenting judgment in the same case, indicated he could not find anything that would indicate that in the rate of wages being paid the appellants there was any consideration of the expense incurred in travelling to and from work, does the Government propose to do anything about reviewing this hardship through an amendment of section 51 of the Act? [More…]
Did the Chief Justice imply that the section should be reviewed? [More…]
But the Government has been particularly anxious to divorce the legal aspect from the moral problem and the problems associated with justice and reasonable treatment of Australian Aboriginals. [More…]
I emphasise to everyone, including the 3 left wing unions, that we should not confuse the legal approach, the moral approach and an approach based on justice for Australian Aboriginals. [More…]
When does the Attorney-General expect to receive a report from the Administrative Review Committee under Mr Justice Kerr which he appointed in September 1968 to deal with matters which could come within the purview of the proposed Court? [More…]
As to the lapse of time and any question of urgency associated with the matter, I would point out that when the proposal was suggested originally the list in the High Court, particularly in single Justice matters, was very greatly in arrears. [More…]
Under the administration of the current Chief Justice this position has been altered rather dramatically. [More…]
I am not conscious that the fact that Mr Justice Kerr has been appointed to inquire into Service pay and conditions has in any way delayed, this matter. [More…]
If that sounds like an equitable arrangement or anything approaching justice, it could have fooled me. [More…]
In May 1970, under the Chairmanship of a Deputy President of the Commission, Mr Justice Moore, the employers, the ACTU and the Waterside Workers’ Federation reached agreement on a number of matters which were awarded by consent. [More…]
The most recent major concessions were made in May 1970 when the parties were before Mr Justice Moore. [More…]
In relation to other conditions of employment not covered by the agreement reached before Mr Justice Moore the Waterside Workers Federation gave an undertaking that it would progress all claims with the employers through established procedures and take all reasonable steps to ensure that work continued normally while these negotiations were in progress. [More…]
I am informed that the ACTU and the federal officers of the Federation have done their utmost to ensure that the undertakings which they gave in the proceedings before Mr Justice Moore were honoured. [More…]
I support the Bill which gives effect to the report of the Inquiry into Academic Salaries by Mr Justice Eggleston following the increase of 6 per cent granted by the national wage case decision in 1970. [More…]
They have not been tied automatically to Commonwealth and State increases in university salaries as they occur every 3, 4 or 5 years, as from Mr Justice Eggleston or anybody else. [More…]
Within 24 hours of my revealing this information in Parliament the New South Wales Justice Department moved Mullen from Berrima Gaol to Newnes farm which, in fairness to the New South Wales authorities, I must say is probably the best prison in New South Wales apart from Silverwater. [More…]
Does he agree that there is no justice in equity for beneficiaries under these circumstances? [More…]
On 18th April 1968 the former Minister for Health, Dr Forbes, announced the appointment of Mr Justice Nimmo’s Committee of Inquiry into Health Insurance and on 25th March 1969 that Committee’s report was tabled. [More…]
Their position has been highlighted by the fascinating judgment - the very erudite judgment - of Mr Justice Blackburn in the Supreme Court of the Northern Territory. [More…]
Is it designed to give the Aboriginal people a greater sense of belonging, a greater sense of justice or a greater sense of possession? [More…]
The Chief Justice of the High Court of Australia is an appointed official. [More…]
Mr Deputy Speaker, I hope that in justice to the people and to democracy that the amendment that I have moved on behalf of the Opposition will be carried because no justification exists for the proposals incorporated in the Prime Minister’s statement. [More…]
In justice to honourable members opposite, I would imagine that more than Si of them will wish to speak on this legislation because the position of people in the rural sector is more serious now than it has been for 40 years. [More…]
Let him support the Opposition in what is a fight for justice and democracy against suppression in this place. [More…]
The concentration of attention was happily, hypocritically, safely and selfrighteously on those who broke the law, skilfully skirting the question of the justice of the laws being imposed. [More…]
I agree with the honourable member for Fremantle (Mr Beazley) that nowhere is the dangerous potential of non-indigenous institutions and laws more apparent than in such matters as land tenure and justice. [More…]
He gave us a system that worked better than it had ever worked since the days of Mr Justice Higgins. [More…]
Mr Justice Moore on page 66 of his reasons for judgment pointed out that the previous statement of the Commission that increases in prices are determined by those who fix prices is a truth that cannot be emphasised enough. [More…]
It is meant, as I see it, to provide a measure of social justice to people in the rural community and to a certain extent to help some farmers to obtain a more viable status for the future. [More…]
To me the Bill represents a genuine attempt to provide social justice to a group of people who, because of a fall in land values, probably have lost most if not all of their life investment or life savings and who, while they are on their properties, I understand, are not eligible for social service benefits. [More…]
What success have the Commonwealth and Victoria police had in bringing to justice the person or persons who bombed the Consulate-General of Yugoslavia in Melbourne on 21st October 1970. [More…]
Nevertheless, after Sir Garfield became Chief: Justice - and there were people who said at the time that this was a great loss to the cause of banning restrictive practices, because it was thought that the best poachers often proved to be the best gamekeepers - the next AttorneyGeneral, the present ; Treasurer (Mr Snedden), brought in a trade practices Bill which had no reference to vertical resale price maintenance. [More…]
I was giving honourable gentlemen on the Government side the opportunity to carry out their Leader’s, promise to the people and to carry out the promises delivered at many learned and commercial gatherings by the former AttorneyGeneral, who is the present Chief Justice. [More…]
I point out that this is not just a matter of wage justice and conditions; it is a matter of the health and efficiency of every person concerned with the Parliament, including the drivers who are waiting outside. [More…]
I wish to quote, if I may, an extract from the report of that Commission, which was delivered by Mr Justice Woodhouse, an eminent member of the Supreme Court of New Zealand whom I have the privilege of knowing very well. [More…]
Mr Justice Woodhouse told me only a few weeks ago that, since the report was brought down in 1967, the intention of the Commission was that the new rate should be related to the cost of living index at the present time compared with what it was when it recommended a maximum of $120 a week. [More…]
His Honour Mr Chief Justice Nixon, stated: [More…]
His Honour Mr Justice McGrath, spoke about the co-ordination of these Acts before the Industrial Relations Society of New South Wales and it was there that he suggested uniform legislation. [More…]
For heaven’s sake, if we are to spend millions on such exercises, let us apply some kind of system of equality of expenditure and effort and some kind of justice to the operation. [More…]
However, the Minister of Justice has refused to lift the restriction order to enable Sobukwe to leave Kimberley and hence South Africa. [More…]
Mr Sobukwe has given notice of intention to bring an action in the Supreme Court to compel the Minister of Justice to lift the order restricting him to Kimberley. [More…]
Well, then, did the right honourable gentleman at a dinner of his old school on Friday 30th July at which he was guest of honour - the Chief Justice of New South Wales and a couple of hundred other distinguished citizens were present - volunteer the statement that there was no truth in reports that the [More…]
We did so because we thought social justice demanded a rise to offset the sharp increase in living costs which was causing unexpected hardship. [More…]
I have always apprehended as one of the most fundamental principles of natural justice that we hear the other side. [More…]
In accordance with the Government’s policy of ensuring the justice and adequacy of financial and other conditions of service of the armed Services, this Committee was set up in October 1970 under the chairmanship of the Honourable Mr Justice John R. Kerr, C.M.G., a judge of the Commonwealth Industrial Court, with other distinguished members having experience of the armed forces, conciliation and arbitration, commerce and industry and the Commonwealth Public Service. [More…]
The Committee suggested that these reviews might not be limited to fixed intervals but made as necessary to maintain comparative wage justice in the light of general wage movements in the community. [More…]
Finally, I should like to take this opportunity of commending the excellent work which Mr Justice Kerr and his Committee have carried out to the present time. [More…]
The Committee which was appointed under the chairmanship of Mr Justice Kerr acted promptly, I think efficiently, and certainly very comprehensively in relation to the matters it was asked to investigate. [More…]
To add to this recent insult is the trial of Sheik Mujibur Rahman which I hope all honourable members will agree is a gross outrage and a violation of natural justice. [More…]
These included justice for those undertaking the military service, the relevant constitutional requirements and the relevant ILO conventions which have been ratified by the Australian Government. [More…]
It has subverted our system of justice. [More…]
It seemed to me that on that occasion some of the most basic principles concerning the enforcement and administration of law, order and justice in Australia were subverted. [More…]
One of these principles - I venture to suggest that there is no principle more basic than this in the administration of law and justice in Australia or, indeed, in any civilised society - is that judges and persons holding judicial positions should be free of the fear of being removed by any government of any particular political complexion. [More…]
Because it goes quite contrary to the elementary and basic principles of the administration of law and justice. [More…]
This again goes contrary to one of the most elementary principles of the administration of law and justice: That judges should not be criticised; that judges should have arguments addressed to them in court; that they should not be threatened with blackmail, because that is what this amounts to; that they should not be threatened that if they do not behave themselves attempts will be made to remove them from the bench. [More…]
That again is another very basic principle of the administration of law and justice in any civilised society. [More…]
One finds a complete attack on the whole established system of the administration of law and justice. [More…]
As I have said, from those examples that I have quoted - and indeed there are many others which one could quote - what some members of the Labor Party have done is to subvert those very basic principles of the administration of law and justice. [More…]
I should not need to persuade honourable members that the preservation of the liberty of the subject is a vital brick on which our whole system of justice is built. [More…]
The present New South Wales Board is made up of Mr Justice Allen, a judge of the Supreme Court of New South Wales; Judge Levine of the District Court; Miss Margaret Telfer, Registrar of the University of Sydney; Mr Ramsay, a retired former Under-Secretary of Justice; Mr J. [More…]
After a decision has been made, a prisoner can have no valid reason in those circumstances to suppose that he has not had a fair go or that he has not had fair treatment because justice has manifestly been seen to be done. [More…]
Justice must be done and must be seen to be done. [More…]
No prisoner who is refused parole will believe that justice has been done to him or that he has had a fair go when he knows that the decision on whether he would be released was in the hands of people whom he does not know, who probably are unknowable to him and whose decisions he cannot influence, but who in his mind are associated with Crown prosecutors and police prosecutors who helped to put him in gaol. [More…]
The opportunities for abuse and, more importantly, a feeling of injustice on the part of the prisoner, are obvious. [More…]
For example, under the old system in New South Wales, a parole board could consider only cases referred to it by the Minister of Justice. [More…]
The point I wish to make, that the judicial standards should be aimed at, has been made abundantly clear in the speech of the New South Wales Minister of Justice, Mr Maddison, during the second reading of the New South Wales legislation introduced in 1966. [More…]
Without legal training one has to depend largely on the advice of experts, but as one opinion offset the other I decided that it was not in the best interests of justice that I vote on this subject. [More…]
I am talking about justice in the community [More…]
What I would like to see eventuate out of my case is a little bit of justice to counter the inflationary trends that this Government has inflicted upon the people of Australia in the last 22 years. [More…]
My colleague, the honourable member for Reid (Mr Uren) was good enough to quote what the Phillipines Foreign Secretary sent to me a week or so ago, but in the Philippines I also had conversations with President Marcos - as I always do when I visit that country - with Executive Secretary Melchor and the Secretaries for Justice, Labour and Finance and various persons in business and industry in that country. [More…]
But the tedium and the seeming lack of positive success of the operation eroded that support, in conjunction of course with a massive and successful propaganda campaign directed towards undermining public belief in the justice of the cause. [More…]
He did not point out that in the fifth month there was a prolonged stoppage of building workers in New South Wales, not primarily over an inflationary wage demand but over a claim for higher workers’ compensation, and that a State tribunal later acknowledged the justice of the claim. [More…]
There can now be no justice, justice which will give dignity to pensioners, until we get away from the cash handout tied to Budget expediency that characterises the Liberal Government’s attitude to pensions. [More…]
It is absurd to believe that the kind of economic juggling contained in an annual Budget like this one can be an effective instrument for either efficiency or justice. [More…]
They are often utilised and varied for causes of social justice and welfare, but they are pre-eminent. [More…]
On another occasion I quoted in this House the opinion of three of the judges of the Arbitration Commission, Sir Richard Kirby, Mr Justice Gallagher and Mr Justice Moore as expressed in the 1968 national wage case. [More…]
We had all hoped that a solution was in sight, that some formal attempt would be made to give justice to the pensioner and the superannuitant by ceasing to use the pension system as a political football. [More…]
I do not suggest they should fix their own incomes any more than we in Parliament should, for it is not only that justice should be done but that it should also appear to be done. [More…]
So let us be decisive about this festering sore of injustice and forget Party politics. [More…]
As a system of seeing that justice is done it is mediaeval and ancient and should be done away with. [More…]
This just is not justice. [More…]
It has delayed in giving justice to retired Commonwealth public servants. [More…]
This Budget is a deliberate attempt to bring about a pool of unemployment and to incite competition among job seekers, such as occurred in the 1930s, just for the purpose of trying to weaken the activities and the support of the unions in their attempts to obtain and retain proper conditions and wage justice for their members. [More…]
Firstly, it is strong Government criticism of the members of the Commonwealth Conciliation^ and Arbitration Commission and the employers’ who were convinced of the justice of the union claims and gave them proper recognition. [More…]
On the question of economic policy, the then Chief Justice of the High Court Sir Owen Dixon, in 1953 used words of such clarity and wisdom that they would have put the Commission’s role beyond question 1 would have thought. [More…]
Surely also they make it clear that the courts, in making a decision, are quite satisfied that, irrespective of economic consequences, they could not if justice is to be done grant a lesser increase in wages than they believe to be warranted. [More…]
If these restrictions are not imposed and if prices and profits continue to increase as they will, then despite what this Government and the Australian Council of Employer Federations want to enforce, the workers of this country are justly entitled to seek and be granted increases in their pay packets, and any attempts to deny them that justice must be strongly opposed. [More…]
The reality is that men cause wage increases, and men cause price increases - the former in search of justice and dignity for themselves and their families and the latter in search of dominance and privilege. [More…]
While the people without power, the people whose faces reflect the many aspects of poverty, are urged to exercise restraint, and are castigated if they demand wage justice, the Government and the big corporations gain more revenue for the one and increased profits for the other. [More…]
That is to say, the fact that the people of mainland China recognise Taiwan as a province of China and that the Taiwanese regime recognises Taiwan also as a province of China does not lead us inexorably to the proposition that Taiwan, therefore, in all law, sense and justice is a province of China. [More…]
It is necessary in the interests of the administration of justice in the Australian Capital Territory that this Bill be passed as quickly as possible. [More…]
The Australian National Line is going back to Mr Justice Franki, where this matter all began, to seek a compulsory conference of the parties to the dispute. [More…]
Earlier in his speech he announced the setting up of the independent arbitrator to decide a battle between the marketers, the people who are bringing in low priced petrol and giving it to motorists at 4c or Se a gallon lower than the major oil companies have been giving it to them - an independent arbitrator to see whether they can get a little bit of equity and justice from the major refining interests in Australia. [More…]
The Chief Justice made the crushing comment on his successor’s Bill that the Trade Practices Act 1965, in his opinion, was wholly invalid. [More…]
In the same field we have had reports by Mr Justice Eggleston’s committee - the Company Law Advisory Committee to the Standing Committee of Attorneys-General. [More…]
The learned Chief Justice referred to the Act being wholly invalid, but he was directing his attention specifically to section 35. [More…]
It is poetic justice indeed that the man who first raised the question of trade practices and rackets was there as the Chief Justice of Australia to make sure that economic justice would be done for the people. [More…]
Here I would like to con: gratulate the Government - on having done justice to them. [More…]
On sheer grounds of social equity and justice, therefore, the Government cannot allow economic conditions to persist in which union militancy will pay off. [More…]
Has his attention been drawn to the publication Australian Industrial Laws (Fourth Edition) which describes Mr Justice Dunphy’s finding as ironic, pointing out that had the company not erroneously refused to pay the claim in the first instance there would have been no occasion for the so-called impertinence. [More…]
I also think that in contemplating this question we have to consider not only the justice of the claim but also the current economic climate and the Government’s austerity programme as well. [More…]
He is always seeking some new approach to their problems and is constantly working hard for greater social justice. [More…]
I think, to do him justice, that he personally believes that the means test is immoral, unjust and uneconomic. [More…]
So it is quite obvious that if we want to see justice done to social service recipients it is necessary to arrive at proper amounts and proper guidelines for the future. [More…]
Today we know that a policy attributed to concepts of social justice can only be administered where there is a significant and adequate rate of economic growth. [More…]
It has neglected the economic analysis, with a fair assessment of how appropriate social welfare is to social justice within the context of the Australian economy. [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…]
I believe that they put forward an equitable case for a measure of justice from this Government but their representations have been completely ignored. [More…]
We have moved an amendment in those terms on previous occasions and we have moved other amendments in this place during repatriation debates in the time that I have been here, each time trying to get better justice for the exservicemen and women of Australia than the Government is prepared to give them. [More…]
I am aware that Dr Delamothe, the Minister for Justice in Queensland, has made some comment in relation to the use of the mails for the transfer of pornographic literature. [More…]
Dr Delamothe indicated that the matter had been discussed at a meeting of Commonwealth and State Ministers - I presume, the Attorneys-General and Ministers for Justice - and that he would bring the matter up again at their next meeting. [More…]
I draw the attention of the Minister, as I have done before, to what I regard as an injustice in this field, that is, requiring a full licence fee even for a set which is located beyond the limits of the area which the Department considers can be effectively served by a television station. [More…]
Surely there is no justice in charging for a service which is quite unsatisfactory. [More…]
1 do not think we are doing justice to the ABC by tagging it at the end of the Postmaster-General’s Department. [More…]
I do not believe we are doing justice to the ABC by having it as a sideline for the Postmaster-General. [More…]
They then went on to say that in dealing with the lower paid worker they wanted to give him justice. [More…]
Common justice demanded that special cases should have been given some concession. [More…]
They do not restore wage justice for the intervals between the setting of those awards. [More…]
I idolise the ground he walks on but we are prepared to annul our marriage, if necessary, to get justice.’ [More…]
This morning I learnt to my complete astonishment that the union representatives had informed Mr Justice Franki that they did not agree that settlement had been reached and that they were instructing the radio operators, on the return of their ships to port, to leave the ships once again. [More…]
Fortunately I learnt just a few moments ago that Mr Justice Franki has instructed the PREI that its members must return to work. [More…]
I express my very strong personal appreciation of the action that the Government has taken, firstly, as a matter of justice and equity to superannuated and retired officers, and secondly, from the point of view of the morale of those present Commonwealth officers who are nearing retirement and whose financial outlook in the future would have been somewhat bleak if it had not been for the proposals contained in these measures. [More…]
But to have them saturated with noise, as this will do, is a complete denial of justice. [More…]
The Government has decided to ask Mr Justice Kerr to undertake this task. [More…]
Mr Justice Kerr was appointed a judge of the Commonwealth Industrial Court in 1966. [More…]
Mr Justice Kerr is at present chairman of a 5-man committee that the Government has appointed to inquire into pay and other conditions of service of members of the armed forces. [More…]
It must be obvious to anybody that there is justice in the amendment. [More…]
With strong unions knowing that there is so much further to go before they get wage justice, a fairer share of the cake for their members; with so many large impregnable international companies; with institutions, financial and others, which are vastly different from what they were 30 years ago; with the growth of hire purchase and other similar forms of term lending and with savings in arrears; is it any wonder that these behaviour patterns are different? [More…]
Institute indicative planning and programmed budgeting for economic growth and social justice by the Commonwealth, in co-operation with the States, local authorities and organisations of employees and employers; this planning to be consistent with the maintenance of full employment and the conservation of natural resources. [More…]
I have no time to talk further about the injustice and inequity of this Liberal-Country Party Government allowing exorbitant profits to be earned by so many companies in our community, particularly finance companies, and which then has the hide to blame inflation on the workers of this country in the lower income groups because those workers seek wage justice through the Conciliation and Arbitration Commission or by other means at their disposal. [More…]
Could it not be that because of the attitude of governments throughout Australia today those men have lost patience with the arbitration system and have had to take this type of action in order to get wage justice? [More…]
It is because they could not get justice in the place in which they were supposed to get it. [More…]
I believe that our laws could be framed in such a way as to ensure that justice is done and not only appears to be done. [More…]
He says that war - by contrast with selfsacrifice, loving one’s enemies and forgiveness - can be justified when it is fought to maintain justice and right, and only in those circumstances. [More…]
The object of war is to vindicate undoubted justice. [More…]
I wonder what has happened to freedom, democracy and justice in Australia, when we have twenty-year-olds being made staves, killers and dead. [More…]
I believe that if we are to see the justice of the amendment moved by the Deputy Leader of the Opposition, the honourable member for Bass (Mr Barnard), it is right that the House for once should listen to the words of a young man affected by this legislation, to listen to the protests of one man who has been forced, against his will, into the situation which this amendment seeks to correct. [More…]
The article states that Mr Maddison, the Minister for Justice in New South Wales, when replying to Mr Petersen, the State member for Illawarra, said that there were reasons for Mullen being transferred from Berrima gaol. [More…]
I state - and I want the Minister for Labour and National Service (Mr Lynch) to take note of this - that the statement made by the Minister for Justice, Mr Maddison, that it became obvious that this man Mullen was unable to relate to other inmates in the institution and that he was in danger of suffering physical violence is categorically false. [More…]
1 am satisfied from information I have received from the New South Wales Minister of Justice that the decision to move Mr Mullen to Cooma was made in Mr Mullen’s own interest. [More…]
The Government had to be prompted in this respect because it was not the Government that decided of its own volition to set up the committee under the chairmanship of Mr Justice Kerr which is now examining conditions in our armed Services. [More…]
The honourable member for Corangamite asked why the Deputy Leader of the Opposition mentioned the inquiry by Mr Justice Kerr into Service pay rates. [More…]
This is why the Deputy Leader of the Opposition mentioned the Justice Kerr inquiry. [More…]
I ask: Would this be the case with the system proposed in the amendment and would it not amount to a virtual denial of natural justice if a man was not enabled to have the witnesses he wanted properly heard in person? [More…]
I have described it as a retribution, a pay back, a threat, a form of blackmail or, if you like, revenge, lt goes against every principle that is ever enacted in any court of justice anywhere. [More…]
It is merely a question of justice. [More…]
There is no justice in a provision in an Act which prevents the normal parole provisions which apply to any other citizen from being applied to people convicted under the National Service Act. [More…]
All we are asking the Government to do, in the ordinary course of justice, is to amend the National Service Act to allow not only remissions for good behaviour but also the normal parole provisions to be extended to these people. [More…]
Where is the justice or logic in this kind of attitude? [More…]
I hope that the Minister for Labour and National Service, who is responsible for this Bill, will reconsider the proposition put by the honourable member for Corangamite and accept an amendment which ought to be accepted on the basis of common humanity and justice. [More…]
Mr Justice Blackburn has since been appointed to this judicial office and also to the position of Chairman of the Law Reform Commission. [More…]
Recently Mr Justice Blackburn has been giving a great deal of his time in assisting with the judicial work of the. [More…]
Unless there is a concentration of thought and better longrange planning on this matter of accommodation for members, staff and the ancillary services of the Parliament we will not be doing ourselves justice and will not have a properly functioning Parliament. [More…]
The Labor Party seeks close and continuing co-operation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement :n the Pacific area. [More…]
I am pleased to inform the House that the Government decided to invite the Honourable Mr Justice P. B. Toose, C.B.E., of the Supreme Court of New South Wales to conduct the inquiry and that he has accepted this invitation. [More…]
The Government is fortunate to secure the services of this distinguished gentleman and I wish to record my appreciation of the action of the New South Wales Government which has agreed to make Mr Justice Toose available. [More…]
Mr Justice Toose has a wide legal and Army background and is eminently suited to the task. [More…]
He had a distinguished career at the Bar which culminated in his appointment to the Supreme Court Bench, firstly as an acting justice in 1966 to 1967 and subsequently to a permanent appointment in June 1969. [More…]
Turning to his war service, Mr Justice Toose served throughout the 1939-45 war. [More…]
I am confident that the appointment of Mr Justice Toose will be well received. [More…]
Apparently the Government wanted a senior judge; I belive that it is fortunate in getting Mr Justice Toose to conduct the inquiry. [More…]
Having stressed this point I make no criticism of the appointment of Mr Justice Toose. [More…]
It is then intended that Mr Justice Toose should collate these views and include them in his report. [More…]
Presumably, Mr Justice Kerr will follow a similar line in his inquiry into Parliamentary pay rates and allowances. [More…]
However, Mr Justice Toose will not be able to express himself on proper levels of pension payments and other benefits for ex-servicemen. [More…]
One of the areas which should be looked at closely by Mr Justice Toose is the impact of Vietnam on the whole structure of the Repatriation Act. [More…]
This is one particular and important area which I hope will receive special attention from Mr Justice Toose. [More…]
Although I have been critical of that important aspect of the terms of reference which denies a qualified person the right to assess pension rates and the extent to which their values have been eroded - if it can be successfully argued that they have been eroded, and I believe it can - I think it is competent for a man of the calibre of Mr Justice Toose, with the evidence that will be placed before him, to be able to recommend to the Government what he believes ought to be the schedules of repatriation benefits and how those schedules should be applied. [More…]
Having made that criticism I again acknowledge that the terms of reference will at least provide to those organisations and persons interested, particularly the Returned Services League, members of this Parliament and others, the opportunity to place their views before Mr Justice Toose in relation to the many other matters that have been raised in this Parliament and which 1 believe would improve the existing Repatriation Act and remove some of the anomalies. [More…]
One has to skip from one department to the other and in doing so one cannot do justice to any of them. [More…]
If we like to think of the justice of this case, those who are not responsible - the trade union members themselves - will pay the penalty, not the powerful associates of the members of the Labor Party. [More…]
Gross injustice would be involved here. [More…]
They are relatively unsophisticated, as compared with the procedures in the Supreme Court, but are reasonably well suited to the purpose of achieving justice between the parties where the amount in dispute is small and where more thorough and expensive procedures are unwarranted. [More…]
I think that committee was under the chairmanship of Mr Justice Kerr and its members included such eminent people as the Solicitor-General, Mr Justice Mason of the Supreme Court of New South Wales and Professor Whitmore of the Australian National University. [More…]
For the sake of appearance and for the sake of justice appearing to be done, the police should, in their own interests, be taken out of these courts because they are criticised for being there in these roles. [More…]
There is a whole area in which it can be said that a person fighting a civilian case in these courts suffers from the quality of justice given to him as of necessity because of the rules or because of the lack of rules compared to what that person might get if he went to the supreme court. [More…]
I know it is said - the Minister himself has said it: ‘You are not fighting over a very large sum of money; is it not better to have summary justice?’ [More…]
Summary justice is often not very good. [More…]
So on the pure issue of justice in a country where education is compulsory no-one can deny the right of a parent to send his child to the school of his choice provided that the standard of education is met. [More…]
It is not only a question of justice; it is a question of pure economics and the advancement of education in this country. [More…]
Education should promote love of freedom and justice and should develop critical perception, ability to choose intelligently, capacity for selfgovernment and a sense of social responsibility, lt should instil belief in the equal rights of all people and respect for their essential humanity, irrespective of nationality, colour or creed. [More…]
A former Justice of the Supreme Court of New South Wales is inquiring into the problems of the Great Barrier Reef. [More…]
Surely that is social justice. [More…]
The supposition that there is discrimination between Aborigines and whites in the administration of justice has been tested by several academics and by the Opposition’s Aboriginal Affairs Committee, of which I am a member. [More…]
Recently I drew the attention of the Minister to the fact that in many parts of Australia Aboriginal people are being discriminated against as far as justice is concerned. [More…]
Overwhelming evidence exists, even with the limited studies that have been done, that in every State, with the exception of Tasmania where we disposed of our Aboriginal community many, many years ago by most unbecoming techniques and methods, Aboriginal people are receiving the kind of justice which has prompted the Minister to call for an inquiry in New South Wales. [More…]
The members of the Committee were: Mr Justice Kerr, a member of the Commonwealth Industrial Court, as Chairman; Mr Justice Mason, who was first appointed to the Committee in his capacity at the time as the Solicitor-General of the Commonwealth and who continued to be a member of the Committee following his appointment in 1969 as a Judge of Appeal of the Supreme Court of New South Wales; Mr R. J. Ellicott, Q.C., who joined the Committee on his appointment as SolicitorGeneral of the Commonwealth on 15th May 1969; and Professor J. Whitmore, presently Dean of the Faculty of Law in the Australian National University and an acknowledged authority on administrative law. [More…]
First of all, I suppose we should reassure honourable members, in view of the number and the intensity of their attendance and interests, that this is not the other report which Mr Justice Kerr is preparing, nor can - we expect–that it will be acted upon as rapidly. [More…]
I believe that this is a blatant miscarriage of social justice. [More…]
Surely if there is any economic justice in this country the payment of a one year emergency cash grant with no strings attached should be made to those producers who need it most providing - I stress this - that there is some direction from the Government regarding reconstruction. [More…]
Some, through private wealth or other resources, will not be in nearly as much need of it as the majority of wool growers will be, but once we begin to impose arbitrary restrictions, means tests and requirements of proof of poverty before payment is made then, firstly, we fail completely to recognise the justice of providing this measure of protection to the wool industry, and secondly, we create humiliating unreasonable and unfair conditions for this section of Australian producers which conditions do not apply to all sections of producers in the secondary division of the Australian economy. [More…]
There is no justice in doing the one and there is no kindness in doing the other. [More…]
Clause 33 (2) is particularly obnoxious, as it provides that where an authorised person has reason to believe that relevant books and documents of importance to the provisions of the Act are held on certain premises, he can require to be given access to them under warrant issued by a justice of the peace. [More…]
Just to give an across the board subsidy to bring the price up to 36c a lb is a. travesty of justice. [More…]
Where an authorized person has reason to believe that there are on any premises books documents or papers relating to sales of wool cm other matters relevant to the operation or administration of this Act, the authorized per son may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section. [More…]
If, on an application under the last preceding sub-section, the Justice of the Peace is satisfied by information on oath - [More…]
that the issue of the warrant is reasonably required for the purposes of this Act, the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section. [More…]
I draw the attention of the Minister for Primary Industry (Mr Sinclair) to the fact that under clause 33 a warrant can be issued to an approved person by a justice of the peace. [More…]
He could go to a justice of the peace who would issue him with a warrant and then he could go to the office of a reputable international company, either in the day or at night, and proceed to take details of its transactions. [More…]
Omit ‘Justice of the Peace’ (wherever occurring); insert ‘Judge in Chambers of a Supreme Court of a State or Territory’. [More…]
On a warrant being signed by a justice of the peace - not a magistrate - an authorised person will have the right to enter the company’s premises during the day or at night and take details from its records. [More…]
This system can no longer be justified on grounds of economy let alone social justice. [More…]
On the basis of social justice this examination scheme simply can no longer be justified. [More…]
I do not think it corresponds with justice. [More…]
On 22nd June 1971, the Transvaal Supreme Court dismissed Mr Sobukwe’s action seeking to compel the Minister of Justice to lift the order restricting him to Kimberley. [More…]
When considering this case will the Minister give particular attention to the point raised by the refiners that the independent marketers should, in justice, be required to accept some penalty for avoiding their responsibilities in this way? [More…]
The Government will continue to do whatever it can to reduce the tensions in East Pakistan and to see that justice is brought about there. [More…]
Here an independent inquiry headed by Mr Justice Fox was made into the allegations and a comprehensive report given to the Parliament. [More…]
What he said was that the division of courts into State and Federal cannot be regarded as sound either from the viewpoint of juristic principle or from that of the practical and efficient administration of justice. [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…]
Our adversary system of justice is not an inquisitorial system; it does not seek to find out what actually happened - it seeks to give a fair go. [More…]
I would like to quote from the text of the judgment in the case Lunney v. The Commissioner of Taxation which was heard in the High Court of Australia in 1958 and in which there was an observation by the then Chief Justice, Sir Owen Dixon. [More…]
Times have changed; the incidence of income tax greatly differs now in scope and weight from its incidence in the days when the law was more settled; possibly, the justice of the traditional legal view is a little more open to question and certainly its financial significance supplies a motive for questioning it. [More…]
Conditions have changed and it is a standing disgrace that this Government is denying justice to the people who need it most in respect of concessions for travel to and from their place of employment. [More…]
On 27th December 1967 Mr Justice Gallagher and Commissioner Winter in a joint statement from the bench rebuked the then Treasurer for his attack upon the Commissioner’s decision in granting pay rises in the 1967 metal trades case. [More…]
I refer to the statement of Mr Justice Moore on page 66 of his reasons for judgment when he said: [More…]
Again with respect, I would disagree with the view reached by His Honour, Mr Justice Kirby, in his Chartered Secretaries Research Lecture for 1967 when he said: [More…]
Mr Justice Walsh alone of all of the High Court judges could see that the test that ought to be applied is not what the employer’s industry is but what is the calling of the employee. [More…]
As Mr Justice Dixon said, a man would need remarkable foresight, when he lodged his original log of claims, to be able to see in 10 years time that there was going to be a demarcation dispute in one of the factories in one of the States and unless one can do that then one is out of court. [More…]
I want to point out to the Parliament that the S. C. Taylor referred to was Mr Justice Taylor, past-President of the New South Wales Industrial Commission. [More…]
The Government is prepared to subsidise the wool industry or, should I say, a particular group of people in the wool industry who do not need assistance and who can strain at a gnat and swallow a camel, yet it denies these people elementary fiscal and social justice. [More…]
1 refer to none other than the Chief Justice of Australia, Sir Garfield Barwick, who has expressed indignation at the favouritism given to this foreign company and that admirable and former honourable member for Warringah, Mr Ted St John, who also, has expressed publicly great indignation in the daily Press over this favouritism to Clutha Development. [More…]
The present system of pensions is totally inadequate for the needs of the community; it is unacceptable by any sense or scale of social or moral justice. [More…]
Surely if there is any semblance of compassion left in this so-called Liberal Government at least it ought to extend some sense of justice and equity to the physically, mentally and socially handicapped, including the quadriplegic, the paraplegic and the epileptic. [More…]
In dealing with -the Estimates for the Department of Social Services and the Repatriaton Department I wish first of all to deal with an individual case, because I think it exemplifies the lack of justice which has been provided in this current Budget. [More…]
The only way to correct this injustice is to review policy fully right across the board in respect of social services, as I shall explain. [More…]
So, is there any justice in the proposals which are being brought forward? [More…]
As I said, surely this is indicative that there is no justice in the proposals being submitted by this Government in respect of the whole range of social services. [More…]
These people will be vitally affected and are being vitally affected by the refusal of this Government to give justice to the young family groupings. [More…]
Of course, the Government also refuses to give justice to the older people, the invalids and the civilian widows, in my electorate. [More…]
I think it is very important that justice should be given to them. [More…]
I think that justice should be given not only to Maltese people but to all other people who have come from Europe to make their home here and help build this country. [More…]
Originally the group was under the chairmanship of Sir James Darling, but he has retired recently, and it is now under the chairmanship of Mr Justice Meares. [More…]
If this is so, will the Minister say whether this is still another example of how the Government dispenses justice to some pensioners and whether it is similar to the penalties imposed on some people by the Postmaster-General’s Department in its application of fringe benefits? [More…]
Wrong rules the land, and waiting Justice weeps. [More…]
There have been no moves towards giving the International Court of Justice compulsory jurisdiction in those matters which otherwise lead to war as the only solution left. [More…]
I even found an article in an Australian law journal of 1934 by the present Mr Justice Holmes, in which he said that there were certainly good powers still left for the Commonwealth, despite the decision in Moorehead’s case. [More…]
I would imagine that it was - kidnapping and attempts to prevent the course of justice. [More…]
Does anybody think that justice is being dispensed fairly in this country at present? [More…]
Is there anyone in Australia who thinks that a poor man in our country can get justice in the same way as a rich man? [More…]
1 can only say that 1 am thoroughly looking forward to the Australian Labor Party taking over the government of this country so that we shall have a government which will see that recourse to justice is meted out fairly. [More…]
Members included Mr A. R. Downer, as he then was, now Sir Alec Downer, the High Commissioner for Australia in the United Kingdom; Mr Drummond, a member of the Country Party; Mr Hamilton, another Government Party member; Percy Joske now Mr Justice Joske, and also Senator Wright who is still a member of the Government. [More…]
Even though I disagree with the attitude of the Minister for Justice in New South Wales, Mr Maddison, on the Bathurst gaol bashings - I think he made a foolish mistake in this case - I believe that he is probably one of the best Ministers for Justice we have had in New South Wales tor many years and probably better than many Labor Ministers. [More…]
A major legal difficulty encountered by officers of the Narcotics Bureau in bringing drug traffickers to justice is the necessity to produce direct evidence that drugs seized have been imported into Australia. [More…]
I suggest that the Law Society should act consistently with regard to all obnoxious laws, in which I include the restrictive trade practices legislation which the AttorneyGeneral of the time, the present Chief Justice, put on the slate in this place for 18 months because, he said, he wanted to hear comment from society on it. [More…]
Will he before Christmas increase the level of unemployment benefit to that of other pensions and also, as an act of social justice as well as a stimulus to demand, increase social service payments generally? [More…]
Under this compromise the Labor Party deleted references to ‘the crucial importance5 of the American alliance and substituted the following: That the Australian Labor Party ‘seeks close and continuing co-operation with the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace, social and economic advancement in the Pacific’. [More…]
The Labor Party seeks close and continuing cooperation with the people of the United States and New Zealand to make the ANZUS Treaty - and honourable members should listen to these words - an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
Has the Minister’s attention been drawn to the statement by the Queensland Minister for Justice, Dr Delamothe, that vasectomy for contraceptive purposes is illegal in Queensland. [More…]
Let us all vote as a united parliament to see that justice is given to those who produce this great and spiritual product, wine. [More…]
All we are asking for is justice for those who have served this country. [More…]
I do not think that is justice in the context of other help that has been given, and I do feel that this is a moment for an appeal for urgent action by the Acting Minister for Primary Industry. [More…]
and (3) Mrs Wiratmo, Justice of the Supreme Court of Indonesia. [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…]
At which meetings and with what result has the Committee discussed the Companies Commission recommended by the Company Law Advisory Committee under Mr Justice Eggleston. [More…]
ls he satisfied with the present stopgap procedure outlined in the Constitution under which this House acts on the rules of privilege of the House of Commons of the nineteenth century but actually dating in precedent back to the Middle Ages, a procedure in which the accused person has none of the rights of an accused person in any court of justice anywhere in the British Commonwealth? [More…]
Indeed he wants to see justice denied to ex-servicemen. [More…]
If the Minister is not prepared at this stage to accept that the benefits of the war service homes legislation should be extended to all regular serving members of the armed forces in this country then he at least might, in common justice and in a sense of decency, give consideration to the appeal that was made not only by myself but by the honourable member for Moreton as well, when we drew attention to the anomalies in relation to those who have served this country in Vietnam. [More…]
The plain fact is that if the honourable member for La Trobe and the honourable member for Moreton accept our propositions, if they believe that in common justice this country can now afford to extend the benefits of the war service homes legislation to all those who serve in the armed Services in this country, as we did for those who served during the 1939-45 war, and as we did again after the [More…]
Korean war, without any discrimination, then they will support the amendment which has been moved not for the purpose of scoring some political point but to provide a measure of justice to those who deserve this assistance. [More…]
I refer those who wish to check this method of fixing rentals to page 22 of the transcript of a judgement given earlier this year by Mr Justice Bright in the case of Henrich v. Dunsford in South Australia. [More…]
Where is the equality or justice in this? [More…]
I refer to the case earlier this year of Henrich versus Dunsford in South Australia and to the judgment of the Honourable Mr Justice Bright. [More…]
I refer to the finding by Mr Justice Bright which is in keeping with the findings of the Tasmanian Select Committee. [More…]
Mr Justice Bright said: [More…]
But surely after the comments made by Mr Justice Bright and the report by the Tasmanian Select committee, an inquiry of this Parliament s’-ould be held, particularly in relation to valuations and rentals. [More…]
Institute indicative planning and programmed budgeting for economic growth and social justice by the Commonwealth, in co-operation with the States, local authorities and organisations of employees and employers; this planning to be consistent with the maintenance of full employment and the conservation of natural resources. [More…]
When this legislation that we are now refining was contemplated its architect was Sir Garfield Barwick, now Chief Justice of the High Court of Australia. [More…]
Of course, in Australia the present Chief Justice of the High Court, Sir Garfield Barwick, first introduced quite a progressive and completely definitive set of proposals in the early 1960s which were submitted to this House in 1962 by a former minister on behalf of. [More…]
It is poetic justice that the Chief Justice sat in judgment on this Act and provided the constitutional basis on which a Labor government will be able to return any new legislation to his original proposals. [More…]
in short, the judgment is a victory for Chief Justice Barwick and for Professor Richardson and a slap in the face to those who, over many years, have used the celebrated section 92 of the Constitution as an instrument of constitutional subversion. [More…]
These proposals were prepared in an exhaustive manner by one of the best legal brains the country has produced - Sir Garfield Barwick, now Chief Justice of the High Court of Australia. [More…]
It is a denial of natural justice, and I repeat that the Government should be ashamed for its obtuseness and its obmutescence. [More…]
The Labor Party seeks close and continuing co-operation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
On the same occasion I pointed out that the ANZUS Treaty refers not only to peace but also, in its very first article, to justice. [More…]
Mr Deputy Speaker, earlier this year the Government of Fiji inquired of the Australian Government whether an Australian judge could be made available to succeed the retiring Chief Justice of Fiji, Sir Clifford Hammett. [More…]
It is with pleasure that in introducing the present Bill I am able to announce that Mr Justice John Angus Nimmo, a judge of the Commonwealth Industrial Court, has agreed to accept appointment as Chief Justice of Fiji, and subject to the passing by the Parliament of Fiji of enabling legislation. [More…]
Mr Justice Nimmo has had wide and distinguished judicial experience in Australia. [More…]
I am sure too that honourable members will be pleased that Mr Justice Nimmo has accepted the appointment. [More…]
In the present case, therefore, Mr Justice Nimmo will continue to hold office as a judge of the Industrial Court. [More…]
The Bill now before the House has therefore the short purpose of excluding the application of sub-section (2) of section 103a of the Conciliation and Arbitration Act in the case of Mr Justice Nimmo’s appointment as Chief Justice of Fiji. [More…]
We applaud Mr Justice Nimmo’s accepting the appointment. [More…]
Mr Justice Nimmo is a singularly well furnished judge. [More…]
Mr Justice Nimmo assisted with the AttorneyGeneral’s Department’s studies of the criminal code for the Territories, the results of which the Minister for Foreign Affairs, when Attorney-General tabled in May 1969. [More…]
In these circumstances it is fortunate indeed that Mr Justice Nimmo is a man who will be unspoiled by and indifferent to any colonial residues. [More…]
All persons appearing before him or appealing to him can have the utmost confidence, as people in a variety of jurisdictions in Australia have had over many years, that he will not only dispense justice but also see that everybody knows that it is being dispensed. [More…]
We believe that this is contrary to the rules of justice and should not be tolerated in respect of any primary industry. [More…]
Members of the Opposition believe that the principle is wrong and that the words ‘an averment or statement in the complaint, claim or declaration of the plaintiff , is evidence of the matter so averred or stated’ are contrary to justice. [More…]
I believe this is what the Chief Justice, Sir Garfield Barwick, made clear when he said: [More…]
One can judge the attitude of the Government from the performance of the present Minister for Foreign Affairs when he was Attorney-General in trying to stop the 2 justices of the High Court from giving and explicit decision in relation to the case that was before them. [More…]
Mr Justice Windeyer and Sir Garfield Barwick gave a decision or made a recommendation or suggestion - however we want to phrase it - but the point is that the Government tried to stop it. [More…]
In 1969 when the International Court of Justice gave its decision in the North Sea continental shelf case it laid down a rule, and this is part of the rationale of the decision, which I would have thought every person in this country who is interested in this matter would have viewed with very considerable alarm, lt was that the equidistant principle with respect to 2 nations fronting each other where there is an unbroken continental shelf is not a principle of customary international Jaw. [More…]
If honourable members read the judgment of the then Chief Justice, Sir Owen Dixon, they will find that his opening words were: This has been brought to settle rights and to determine henceforth as to where these matters lie.’ [More…]
Mr Justice Higgins summarised the aims of conciliation and arbitration by saying: . [More…]
This has provided major problems for the system in endeavouring to provide wage justice for workers in smaller unions which have not had this advantage in bargaining power. [More…]
When an arbitration system fails to dispense wage justice, employees have but one solution, and that is to strike, lt remains the only weapon that is left to the 4.5 million Australians who have nothing but their labour to sell. [More…]
If the Prime Minister (Mr McMahon) really wants to know the cause of industrial tensions, let him consider what Mr Justice Powers said when delivering judgment in the basic wage case in 1921. [More…]
Is this not the very thing that happened in the great depression of the 1930s when Chief Justice Dethridge ordered a 20 per cent reduction in shearers’ rates when the then current award had another year or more to run? [More…]
When in 1930 the Scullin Government sought to remove that provision from the Act in order to prevent Chief Justice Dethridge from reducing the shearers’ rates on the grounds that the pastoral industry could not afford it and it was announced that the matter had been raised in and presented to the Parliament by means of a Bill, Chief Justice Dethridge said, in effect: T do not care what the Parliament does. [More…]
Is this justice? [More…]
As Mr Justice Higgins said in 191 1 : [More…]
Mr Justice Higgins once remarked on the fact that although in theory the Court had power to decrease wages as well as to increase them, every case he had ever handled had been to interfere by way of increase. [More…]
The right to strike is not merely a favour or a privilege but should be a legal right based upon natural justice. [More…]
I repeat what Mr Justice Higgins said: [More…]
Justice requires that the increase in wealth that results from the application of labour to raw materials be shared between labour and capital in fair proportions. [More…]
I refer to an address which was given by Health Minister Munro of Canada in Montreal on 22nd May 1969 and in which he refers to statements made by Mr John Ingersoll, the Director of the United States Justice Department’s Bureau of Narcotics and Dangerous Drugs to the Committee on Drug Dependence of the National Academy of Science. [More…]
A major legal difficulty encountered by officers of the Narcotics Bureau in bringing drug traffickers to justice is the necessity to produce direct evidence that drugs seized have been imported into Australia. [More…]
I announced the terms of reference of the inquiry and announced the appointment of Mr Justice Kerr, a Judge of the Commonwealth Industrial Court and of the Supreme Courts of the Australian Capital Territory and the Northern Territory, to conduct it. [More…]
Mr Justice Kerr has now presented his report and the Government has considered what action should be taken as a consequence of his recommendations. [More…]
I now come to the Government’s consideration of Mr Justice Kerr’s recommendations. [More…]
As I have said, Mr Justice Kerr’s recommendation is that the basic salary for members of Parliament should move from $9,500 to $13,000 - an increase of $3,500. [More…]
In our opinion it imposes a quite unreasonable burden of responsibility on an accused which is contrary to the general principles of British justice. [More…]
That is to me a completely cumbersome and unjustifiable system of justice. [More…]
Mr Justice Abbot expressed this view in relation to a prosecution which rested on suspicion only: [More…]
Therefore, it is pertinent to remember that the accused had no right to legal representation, no right to hear evidence, no right to question witnesses, no right to call witnesses, indeed none of the rights of an accused in any British court of justice. [More…]
So this was not justice by any standard; it was the numbers game. [More…]
We are required to act justly and I therefore say deliberately, as a member of the Committee and having participated in its proceedings, that it was a travesty of justice to allow a verdict duly reached to be reversed without any reason in law or in justice which would in any court in the world be accepted as a reason to reopen a case. [More…]
In the minute left to me, Mr Speaker, I repeat that I hope we will never again receive a report from a privileges committee constituted such as this one is, but that as a result of the Prime Minister’s initiative a tribunal will be set up, with judicial powers and exercising all the ordinary rules of justice, to report to the Parliament on the case against the accused and to allow the Parliament then, as is its duty and its right, to make the final judgment. [More…]
I close by saying that any judge or jury faced with this case and presented with the same evidence could not in true justice bring down any other verdict than the verdict contained in the report before the House. [More…]
Finally I hope that every honourable member of this Parliament will be objective when voting on the amendment because if justice is to be done it must bc done for all and not just for special people. [More…]
My own Party is committed to the proposition that procedures and privileges of parliaments, - we use the term in the plural because we think it should apply to State parliaments as well - and their committees should be adapted to contemporary standards of efficiency and justice. [More…]
1 am here to see that justice is done. [More…]
I believe that this motion gives justice and is in the best interests of the dignity of this House. [More…]
Therefore I think the honourable member does less than justice, to put it mildly, to both Federal and State Governments as I have shown by a couple of examples in relation to this problem. [More…]
I have often quoted the view of Mr Justice Mansfield of the British courts that an individual is entitled, if he wants to, to drive a coach and horses through the law, but the law is also entitled to block such people. [More…]
The Government decided that it was incumbent upon it, out of justice to these statutory officers who are equated with Second Division officers, to give them the same increases. [More…]
It was recommended to be increased, in the report of Mr Justice Kerr, to $34,650, $5,550 extra. [More…]
Mr Justice Kerr brought down a report. [More…]
In Queensland, any Justice may bc appointed a Stipendiary’ Magistrate, but the Public Service Regulations require preference to be given to officers of the public service who have passed an examination qualifying them for admission as harristers or solicitors of the Supreme Court of Queensland or who have passed certain qualifying examinations for promotion to the position of Stipendiary Magistrate and Warden, and Clerk of Petty Sessions and - Mining Registrar, and who have had at least 5 years’ experience in Petty Sessions or Wardens Court work or in the Chief Office of the Department of Justice or the Department of Development and Mines in that State. [More…]
In South Australia, Stipendiary Magistrates are appointed from Special Magistrates on the recommendation of the Public Service Board and with the endorsement of the Chief Justice of that State. [More…]
In Western Australia, a person must have passed the prescribed examination in law or be a legal practitioner duly qualified under the Legal Practitioners Act of that State, or be a barrister or solicitor entitled to practice in any State or in the High Court of Justice in England or Northern Ireland. [More…]
Who are the members and what are the terms of reference of the road safety committee of which Mr Justice Meares is chairman. [More…]
Membership of the Expert Group on Road Safety is as follows: The Honourable Mr Justice C. L. D. Meares, Chairman; Mr J. [More…]
Inflation cannot be dealt with or any level of social justice established unless the big corporations are made subject to effective control. [More…]
Wage control without price control is contrary to common sense, a distortion of justice and an inevitable cause of conflict and a deep sense of grievance. [More…]
The Government has endeavoured to silence him in his criticism and his fight for justice for the people throughout this country. [More…]
Those who know Aboriginal thinking about their relation to land with which they are associated, or those who have read the judgment by Mr Justice Blackburn in the Gove land case, will know that the traditional Aboriginal relationship to land does not fit in .with what is known in the Australian system as ‘freehold’. [More…]
We now know, with a wealth of legal and historical learning from Mr Justice Blackburn’s classic judgment, the situation of the law as it is in Australia at the present time. [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…]
Those who argue for a means test to be applied to assistance with recurrent expenditure in independent schools have not been able to establish principles or criteria which can clearly be applied with equity and justice to the range of independent schools and to their students and parents. [More…]
It must be a settlement to guarantee justice and equality to all the people in the unhappy province of Ulster. [More…]
Equal participation in a political system striving to achieve social justice can be the only objective of a new Ulster settlement. [More…]
My question, which is addressed to the Minister for National Development in his capacity as Leader of the House, concerns the report of the Commonwealth Administrative Review Committee headed by Mr Justice Kerr. [More…]
In his reasons for judgment in the 1964 wages case, Mr Justice Moore, who is involved in the present hearing, stated that increases in prices are determined by those who fix prices and that there was no authoritative control over prices although there was a tight control over wages. [More…]
For honourable members opposite to criticise men who strike for justice, men who in many instances, by resorting to strike tactics, were responsible for many of the reforms which people in Australia enjoy today, does little credit to the Government. [More…]
I appeal to Service Ministers and to the Minister who has responsibility for the Defence Forces Retirement Benefits Fund - I think it is the Treasurer (Mr Snedden) - togo right into this matter and to give justice. [More…]
Justice delayed is justice denied. [More…]
This question was debated before Mr Justice Kitto. [More…]
You can look at the record of the court proceedings before Mr Justice Kitto if you want to follow it out in more detail. [More…]
Mr Justice Kitto clearly took the view in argument that it was the 2 first types of expenditure that were referred to in the prohibition and not the third type. [More…]
Selective justice inspired solely by political considerations is a misuse of the powers of political office and is just as reprehensible as open contempt for the law. [More…]
Even the Attorny-General, a man who in principle should be the fount of justice and equity, has condemned an untried and unconvicted man as a criminal and a law breaker. [More…]
The notion of natural justice and a natural law is enshrined in constitutions like that of the United States of America. [More…]
The logic and the justice of this amendment are quite apparent for all to see. [More…]
They are not receiving the justice to which they are entitled. [More…]
The Labor Party seeks close and continuing cooperation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
On both occasions I pointed out that the ANZUS Treaty refers not only to peace but also, in its very first article, to justice. [More…]
All I can say is that the military aspects have been removed from it and it has been made an instrument for justice in the area. [More…]
Mr Justice Else-Mitchell held the last such inquiry in New South Wales. [More…]
Yet, the Minister for Health (Senator Sir Kenneth Anderson) said last night in his statement that the Government is not even going to seek an agreement with the AMA on the matter until after Mr Justice Kerr has made his decision. [More…]
Only after Mr Justice Kerr has made his decision the Government is to ask the AMA to be a good sport and to go along with the decision. [More…]
Surely it should be quite obvious that none of these doctors will take much notice of what Mr Justice Kerr decides. [More…]
I should think that the Government will so define the terms of reference as to make it pretty hard for Mr Justice Kerr to recommend that the common fee stays at its present level. [More…]
Irrespective of whether there is any social mechanism or social justice behind it or social engineering or anything of that son, it is old fashioned retribution and that surely is the basis for the death penalty. [More…]
The principle of deterrence applies only if there is a certainty of being caught and brought to justice. [More…]
In a 6 to 1 majority judgment written by a judge who was appointed specifically because he was thought to be hard on this line and in favour of retention of capital punishment, Mr Justice White, the court held that the death penalty was both cruel and unusual, that it was unnecessary to any legitimate goal of the State and that it was incompatible with the dignity of man and the judicial process. [More…]
This concept would in fact distribute money much more evenly or, to put another way, it would distribute money with much more justice and fairness to those schools which need money. [More…]
For example, a discipline appeals board which examines a punishment after it has been inflicted does not always appear to act with justice, especially since the majority of the Board will be either CTS or Ministerial nominees. [More…]
Clause 20 provides that an officer must make and subscribe, before the Commissioner, a person appointed by the Commissioner or a justice of the peace, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Second Schedule of the Bill. [More…]
I just want to let the House know that the Australian Government believes it important that while it is doing justice and giving equity to all people in regard to pensions it should also be concerned with protecting the interests of the Australian taxpayer against any potential abuse - it does not exist now - by people who could come to Australia for the express purpose of qualifying for pensions and taking the pensions with them overseas. [More…]
I believe that this is a very clear example that the Parliament is doing less than half justice to itself if the House of Representatives does not also have a committee to consider this Bill. [More…]
Why should workers not resent these attacks upon their efforts to get wage justice when after the Government restored the investment allowance on plant following much lobbying by manufacturers, the Broken Hill Pty Co. Ltd and its subsidiaries increased the prices of steel by a base rate of 5.3 per cent, and in some cases from 9 to 10 per cent? [More…]
Mr Justice Moore, at page 66 of his reasons for judgment, pointed out that the previous statement of the Commission that increases in prices were determined by those who fixed prices, is a truth that cannot be emphasised enough. [More…]
Honourable members are aware of the work of the committee headed by Mr Justice Kerr which has made a comprehensive review of the fundamental conditions of service in the forces. [More…]
You are advised that the matter has been raised with our fraternal organisation in Great Britain with the request that it be widely publicised in that country and that it be also raised with the International Metal Workers’ Federation as a question of denial of social justice. [More…]
A former Attorney-General, the present Chief Justice of the High Court of Australia, indicated that there was a need for such legislation, and during his term of office as Attorney-General he said that the Government was prepared to have a look at it and do something positive about it. [More…]
Will the Prime Minister cause an investigation to be made into the anomaly to which I have referred so that at least some sort of justice may at last come to the very oldest of Australian citizens who are being denied their proper entitlement to social welfare? [More…]
Recently in South Australia there was an examination by a royal commis sion, the most thorough that has ever taken place in this country, in relation to demonstrations and the Royal Commissioner, Mr Justice Bright of the South Australian Supreme Court, pointed out by quoting Mr Justice Kerr in Wright v. McQualter that peaceful demonstration is an important part of the democratic process. [More…]
Mr Justice Bright, relating that to the situation, went on to recommend . [More…]
At this late hour I appeal to the men on the other side of the House to have a little sense of justice and see that, if people such as those in North Vietnam and South Vietnam have battled against the most tremendous odds which have ever been put against human beings, they have battled against those odds for some strong reason. [More…]
The strength of the people in Vietnam is against America because the strength of the people in Vietnam recognises that the balance of justice is on the side against which America is fighting. [More…]
Unless some recognition is made of the justice of the other side, it can never come to an end. [More…]
I appeal to honourable members opposite - perhaps it is hopeless to do so - to recognise the element of justice that is on the side other than that they have been supporting, so that some kind of balance and some kind of peace can be restored to that war-racked country. [More…]
When Vietnam was a hopeless fight and when honourable members on our side of the House had not seen the injustice of the war in Vietnam, the honourable member for Lalor travelled the length and breadth of this country and said: This is where I stand; if I am wrong, I will take the conse quences one way or the other.” [More…]
Let me remind the House of what Mr Justice Bright of the South Australian Supreme Court said as reported on page 58 of the Royal Commission 1970 Report on the September Moratorium Demonstration in South Australia. [More…]
Mr Justice Bright said: [More…]
Mr Justice Bright continued: [More…]
Surely the work done by the committee of inquiry headed by Mr Justice Kerr into the fundamental conditions of service in the forces would have indicated the need for an explanation by the Minister for Defence of his attitude towards a regular volunteer army and even a comment in the White Paper on this aspect of volunteer forces. [More…]
The Labor Party seeks close and continuing cooperation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
Nobody would say that there were never cases of justice, and it is within my ministerial prerogative to rectify some of them; some do not come within my ministerial responsibility. [More…]
It indicated that in the opinion of Mr Justice Bright the rents were to be either 2i per cent of productivity valuations or of the cost. [More…]
The South Australian State Minister, Mr Kneebone, in a statement to the settlers on 25th August last year, referred to the fact that he had obtained legal advice on how to comply with Mr Justice Bright’s findings in that Supreme Court case. [More…]
I emphasise that the reduced rentals were to apply to conform with the judgment handed down by Mr Justice Bright and that the Commonwealth agreed that these proposals would apply also to those settlers who already had signed their leases. [More…]
I simply point out that if the reduced rentals are to apply also to those who have signed their leases in South Australia there is no reason why the same justice in adjusting valuations and rentals cannot apply to settlers in Western Australia and Tasmania where the Commonwealth has an overriding authority. [More…]
As my time has almost expired I make a plea for the soldier settlers in Tasmania and Western Australia and other soldier settlers in South Australia to be given the benefit of the judgment of Mr Justice Bright. [More…]
While this may be taken in a lighthearted fashion it rather reflects the false justice of such conferences. [More…]
Justice not only must be done but must in fact appear to be done, and that is precisely the situation. [More…]
by some miscarriage of justice, Labor came to office later this year, on that committee there would be 4 Labor government members and from the then Opposition, which is now the Government, there would be 3 members. [More…]
I do not think that this is doing justice to the people who petition the Parliament. [More…]
to (5) On the sixth day of March, 1972, Mr Justice Connor was appointed as a Judge of the Supreme Court of the Australian Capital Territory. [More…]
Mr Justice Connor’s appointment will assist in enabling civil cases to be heard by the Court without due delay. [More…]
The honourable member for Cunningham, with his usual masterly command of the English language, said in very effective terms that a travesty of justice had occurred. [More…]
Let us look at the so-called minibudget which has been put up to test the generosity, the priorities and the sense of equity and moral and social justice in the community. [More…]
That is the sort of justice we receive under the sort of welfare principles that the Government espouses. [More…]
Has it come from any sense of compassion or sense of social and economic justice? [More…]
What sort of justice is this? [More…]
A big company with many subsidiaries - I think that Travel House of Australia has approximately 2 dozen subsidiaries throughout Australia - was forced to cancel a whole flight programme because of the utterances of a member of Parliament who was only seeking truth and justice for the unwary people of Australia. [More…]
The police are there to apprehend people who break the rules and to bring them to justice. [More…]
The issues involve moral principles of equal justice for all regardless of race, and the rights of peoples to self-determination which are embodied in the United Nations Charter and the Universal Declaration of Human Rights. [More…]
The Government made this commitment in the belief that it was supporting the establishment of a government in South Vietnam and that this action would give it a breathing space and an opportunity to consolidate its control and build up its support among the people by the wisdom of its rule and presumably by the justice of its rule. [More…]
Now, if it is the policy of the Labor Party to introduce regulations to adjust farm production as it sees fit to meet what it considers to be international demand, surely this more than any other single act would force thousands of farmers to leave their land without any form of justice at all. [More…]
I think that the Labor Party is doing less than justice to the farmers of Australia because, to their credit, the ability of our farmers to be flexible, adaptable and to diversify has meant that they have been able to carry on far longer than farmers in any other advanced agricultural country without the need for the support provided by the measure which is being introduced now. [More…]
I would like to think that there would be a closer liaison between this Government, the States and the man on the land to see that justice is done. [More…]
It was only this week that Mr Justice Franki adjourned the case and did not issue an order against the Maritime Services Guild. [More…]
I was pleased to see that Mr Justice Franki did not proceed with that hearing. [More…]
Along with his recommendations for increased salaries, Mr Justice Kerr in his report tabled in Parliament on 8th December 1971 recommended that travelling allowances payable to members and to Ministers and office holders be increased. [More…]
Mr Justice Kerr recommended $22 a day. [More…]
It has been decided to accept this view and to increase the allowance to $22 a day as recommended by Mr Justice Kerr. [More…]
Mr Justice Kerr made recommendations about the payment of Canberra allowance for party and committee meetings held when the Parliament is not sitting. [More…]
As part of his general review, Mr Justice Kerr recommended that members of Parliament residing in the Australian Capital Territory should receive half the Canberra allowance. [More…]
Mr Justice Kerr recommended increased travelling allowances for Ministers and office holders. [More…]
My Party considered Mr Justice Kerr’s recommendations concerning travelling allowances for members of Parliament when His Honour’s report was tabled and resolved to support those recommendations. [More…]
As I said, I join in this revolt and ask that there be a new initiative by the Government to ensure that the 3 principles that have been requested are adopted as a matter of urgency and that there is justice and truth in labelling for the consumer and the housewife. [More…]
She is presently the subject of a dispute which is before Mr Justice Franki. [More…]
I would like to know when this principle will be applied in the electorate of Macquarie and when people there will get the measure of justice promised to them. [More…]
However, it cannot do this successfully and with justice to local government unless sufficient finance is available to enable it to do so. [More…]
If the Government argues that there is justice in this case let us hear the argument. [More…]
Mr Justice Moore, said: [More…]
Before 1 go on to talk about strikes and strike action, let me quote from a comment made by the late Mr Justice Higgins. [More…]
It is this state of poverty that is causing workers to revolt and to use the weapon of strike action to win the justice which the $16,000 a year Commissioners deny them. [More…]
While these injustices exist you are merely hissing into the wind by blaming communists and union officials for industrial unrest. [More…]
Remove wage injustice and you will remove the real cause of industrial disputation. [More…]
We deplore the Government’s action in using intimidatory and other questionable tactics to subvert the course of wage justice. [More…]
Need I remind the House that in 1970, in an address at a dinner held by the Associated Chambers of Manufactures of Australia, he chose to rebuke the President of the Commission, Mr Justice Kirby, and in turn was promptly rebuked by him? [More…]
When Mr Justice Kerr was an advocate, on one occasion he went along to the Commission on behalf of the Government and asked for a moderate increase, but he could not tell the Commission what was wanted. [More…]
In the first place it was designed to provide a framework for the equitable settlement of industrial disputes or potential disputes through conciliation, or failing that through arbitration; in the second to ensure, so far as it is possible to do so, comparative wage justice - a phrase used so glibly these days that people often tend to forget its real meaning - although I maintain that a ‘fair go’ is not a bad colloquial translation because equal pay for work of equal value is a vital principle of our system. [More…]
I now come to the question of comparative wage justice. [More…]
The honourable member for Hindmarsh talked about Mr Justice Higgins and said that he made a flowery speech in 1917. [More…]
But what else did His Honour Mr Justice Higgins say about conciliation and arbitration in 1904? [More…]
The Prime Minister is working on the theory that it is better to deny them a vote and be certain that the majority will not vote against him in preference to giving them democratic justice, and a say in the election of their Government. [More…]
It appears that under the Liberal-Country Party Government it is not justice or democracy that counts at this time but rather the fear of the effect of the vote of these young people on this worn out, tired and decadent tory administration. [More…]
That by 18 most young people are ready for these responsibilities and rights and would greatly profit by them as would the teaching authorities, the business community, the administration of justice, and the community as a whole. [More…]
The system of industrial regulation cannot be properly administered without impartiality, disinterestedness and a strong sense of justice and these qualities- [More…]
I recall in earlier years one particular judge, I think it was Mr Justice Cantor, who prior to delivering an award relating to the mining industry said: ‘Well, I have to deliver my judgment in this case but I do not know the inside of a coal mine if I saw one.’ [More…]
Mr Justice Wright, presiding at the hearing, made rather pointed comments about the adoption of this particular tactic by the Commonwealth. [More…]
Mr Justice Wright suggested that this type of submission, in effect, placed the full onus on the Commission to fit in with Government economic policy with regard to prices, productivity and wages, without the Commission being privy to Government thinking about the desirable level of wage increases. [More…]
In his judgment Mr Justice Wright said: [More…]
I will refer to an article published in the issue of 20th October 1971 where, similarly, Mr Justice Aird in relation to a flow-on case from the metal trades award heard in July and August of last year was trying to pin down the Government’s representative, a Mr Marks, Q.C, as to exactly what his submission was and how it compared with prior submissions by the Government. [More…]
Fancy the Prime Minister (Mr McMahon) saying that an increase of $2 a week to the workers is wage justice. [More…]
If an example is to be set of wage justice and wage pegging and what the Government would call stability, the top level should be made to set this example. [More…]
Where is the justice in this? [More…]
Where is the justice associated with wage payments in policies of this kind? [More…]
These things will not bring wage justice to the community. [More…]
It is nice to see a little bit of justice operating in this place occasionally. [More…]
We are talking about wage justice. [More…]
The proposed $4,400 a year increase in the salary of conciliation commissioners cannot be regarded in anybody’s book as wage justice when the same commissioners recently granted an increase of only $104 a year to the tradesmen of this country. [More…]
Why does not the Minister in his most honoured role as the Minister for Labour and National Service do something about wage justice? [More…]
But I would like to mention in passing that the report of Mr Justice Kerr on parliamentary salaries was presented recently, and unfortunately it was used politically by this Government. [More…]
Mr Justice Kerr recommended a basic salary of $13,000 for members of this Parliament but the Government suggested that we should reduce this amount to $12,000 in the public interest. [More…]
He was referring to the fact that I had appeared before an inquiry appointed by this Government under Mr Justice Mason into the fees of general practitioners in New South Wales. [More…]
People who are struggling on the minimum wage or slightly more than the minimum wage are being strongly opposed by the Government in their attempts to obtain wage justice and it finally accepts an increase of $2 a week, but medical practitioners, who are not particularly hard up, are not opposed. [More…]
Perhaps one of the most notable and outrageous instances of that was when the present Prime Minister (Mr McMahon), who was then the Treasurer, openly attacked Mr Justice Kirby at a dinner given by the Metal Trades Employers Association in Sydney, and he was suitably rebuked. [More…]
Last year in the report of the President of the Commission, again Mr Justice Kirby, a further rebuke to the Government appeared. [More…]
I repeat that this is the way that it must seem to many millions of people who only in recent days have been denied wage justice by a decision of the Conciliation and Arbitration Commission which was influenced, I repeat, directly or indirectly by this Government and by the Minister who is in charge of this Bill. [More…]
What we in the Opposition want to see in this case is that in respect of these people, as well as all other workers in Australia, justice must seem to be done. [More…]
In this instance it does not appear that justice is being done. [More…]
This then must mean that those members in the execution of their duties are expected to ensure on the one hand that the workers receive wage justice while on the other hand the employers receive justice in relation to production efforts. [More…]
It is in these areas of inefficiency that the main discontent occurs, mainly because the management not only is inefficient in organising the proper operation of the business but also is incapable of recognising its own shortcomings in relation to general work conditions and wage justice and is incapable of entering into any worthwhile or effective negotiations with employees or the union concerned. [More…]
Mr Polites, at that time anyway, was the main voice for the Employers Federation, an organisation whose views carry considerable weight with the Liberal-Country Party Government; an organisation whose members subscribe very largely to Liberal and Country Party funds; an organisation which over the years has done everything within its power to depress workers’ wages and prevent improvement in conditions; an organisation which has acted as best it could to deny wage justice to workers in one industry, if such wage justice could perhaps flow on to workers in another industry. [More…]
What Mr Polites was advocating was that if any wage justice exists in this country by way of some democratic system it should be replaced by a system of absolute dictatorship, a dictatorship controlled by a Liberal Government in collaboration with the Employers Federation, which could stop any further progress by unions towards obtaining a better deal for their members and, in turn, obtaining a fairer share of profits resulting from greater efforts of workers. [More…]
On the question of economic policy, the then Chief Justice of the High Court, Sir Owen Dixon in 1953 used words of such clarity and wisdom that they would have put the Commission’s role beyond question I would have thought. [More…]
All this amendment means to me is that it is a direction from the Government to the Commission to cast out claims for wage increases unless it is placed in a position where it cannot possibly do so and, when that occurs, to make any increase as small as possible, in other words, it is asking the Commission to accept the full responsibility for any price increases which may follow wage justice when in actual fact that responsibility lies fairly and squarely upon the Government to prevent unscrupulous retailers or manufacturers from charging unwarranted prices. [More…]
I am reminded of the remarks of that eminent Justice of the High Court, Sir Isaac Isaacs, who in 1917 said that the real raison d’etre of the arbitration power in the Constitution is not the mere decision between 2 contesting parties as to disputed industrial conditions, though that in itself is undoubtedly important, but the desirability, sometimes amounting to public necessity, that the community may be served uninterruptedly and not compelled, when threatened with deprivation of perhaps the essentials of existence, to look on helplessly while those whose function it is to supply them stop their work to quarrel. [More…]
From that judgment one sees clearly stated by the majority decision of Mr Justice [More…]
Dunphy and Mr Justice Morgan, with the Chief Justice dissenting, that a rule of the union that gives a union executive power to expel a member for misconduct, when the executive is merely of the opinion that the person is guilty of misconduct, is an invalid rule because it is too vague, imprecise and uncertain as to its meaning, and therefore must be struck down and removed from the union rule book. [More…]
Another collection of cases has been prepared by a very distinguished New South Wales judge, the late Chief Justice Jordan. [More…]
Not satisfied with a miserable increase given in the national wage cas: that had no relevance at all to the increase in the cost of living, the Government now proposes to ensure that in the future wage justice will be denied. [More…]
I say literally ‘wage justice’, because what is given in the future will depend on the whim and caprice of the Government. [More…]
The original concept of the public interest i” our conciliation and arbitration system was expounded by Mr Justice Isaacs in 1917. [More…]
I think that the words of Mr Justice Isaacs are just as true today as when they were originally said. [More…]
Justice not only needs to be done but needs to be done in such a way that every man, and woman in the community at large understands what is being done. [More…]
Mr Justice Wright, presiding at the hearing, made rather pointed comments about the adoption of this particular tactic by the Commonwealth. [More…]
Mr Justice Wright suggested that this type of submission, in effect, placed the full onus on the Commission to fit in with Government economic policy with regard to prices, productivity and wages, without the Commission being privy to Government thinking about the desirable level of wage increases. [More…]
In this judgment, which was part of the majority judgment, Mr Justice Wright said: [More…]
In the 1968 ‘National Wage Case’ hearing, the Commonwealth ignored the stricture of Mr Justice Wright and suggested that Government policy favoured a small but not a moderate or large increase. [More…]
Listening to the debate tonight I am reminded of some words rather wisely spoken by a judge of the 19th century - I think it was Mr Justice Byles - who said: [More…]
If ever there was an illustration of the truth of the proposition spoken in the 19th century by Mr Justice Byles it has been proved in this House tonight because we have heard members on the other side of the House, and I fully respect their views, speaking about the public interest. [More…]
That is an indication of this Government’s conception of justice. [More…]
This is something new and has absolutely no justification if one is intending to apply any degree of justice. [More…]
Mr Justice Kirby, in reference to another point made by the employers, said: [More…]
Mr Justice Foster expressed part dissent, and the then Chief Justice, Sir Raymond Kelly and, of course, Mr Justice Dunphy approved the insertion of the bans provisions in the clause. [More…]
It would be better if we had a way to determine the sum on which a man, his wife and his children could live, as Mr Justice Higgins introduced in the Harvester award in the first national basic wage decision, and then a margin for skill. [More…]
What steps is the Commonwealth taking to introduce some elements of justice and reason to this backward area of our social milieu? [More…]
he makes and subscribes, before a justice of the peace or a commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Schedule to this Act. [More…]
A person shall not be employed under this section unless, if he is required by the Council to do so, he makes and subscribes, before a justice of the peace or a commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form in the Schedule to this Act. [More…]
The present Prime Minister’s text then quoted the views expressed by Sir Percy Spender, former President of the International Court of Justice, at a meeting attended by many then Ministers in April 1969, and also the judgments of Chief Justice Barwick and Justice Sir Victor Windeyer in the High Court in August 1969 in the case of Bonser v. La Macchia. [More…]
This was made clear by the Chief Justice, Sir Garfield Barwick. [More…]
I have put this suggestion informally to Mr Justice Kerr. [More…]
For example, the Commonwealth Government took into account a view expressed 2 years ago by the Past President of the International Court of Justice - that apart from inland waters, sovereign rights over the seabed and natural resources of the continental shelf vested exclusively in the Commonwealth from low water mark outwards. [More…]
At least Sir Gerald Fitzmaurice who for many years was the legal adviser to the British Foreign Office and now is President of the International Court of Justice takes the same view. [More…]
The Government is happy to accept the assurances from the Queensland Government that the level of pollution will be tightly controlled, but we have an opinion from the Chief Justice that the legal boundary of Queensland ends at the low water mark. [More…]
The Minister was quoting the words of Sir Garfield Barwick, Chief Justice of the High Court. [More…]
This is what was said by no less a person than the Chief Justice: [More…]
The Chief Justice continued: [More…]
The Chief Justice went on to say that he could not do otherwise than decide this point because it was part of his function, and he did. [More…]
The Chief Justice, in referring to a case in the Supreme Court of Canada and the reasons given in that case, stated: [More…]
We have this unique situation: No less a person than the Chief Justice of Australia has said in advance what the result of this test case will be. [More…]
Mr Justice Windeyer has already stated the same, and Sir Percy Spender, the former President of the International Court of Justice, also has said the same. [More…]
The Labor Party seeks close and continuing cooperation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area.- [More…]
The Commonwealth Government and the State governments have been working over a period of years towards a situation in which there is greater justice than that in education. [More…]
In elementary justice this situation should never be allowed to prevail. [More…]
Will the Minister give consideration to having the divisor used in the formula cited in the NOPM award for calculating such officers’ personal allowances varied to afford equity and some semblance of justice? [More…]
I am astounded by this revelation, because what the Minister is saying is that his Government is quite prepared to deny justice to some members of this community to gain justice for some members who are owed justice by another community. [More…]
To have such a cavalier attitude towards the rights of those who have earned their Australian pensions and have received less than justice all their lives is surely the mark of one who has scant regard for the welfare of migrants or pensioners. [More…]
Surely it is better that some people get more than they deserve than that the great majority are denied justice. [More…]
A Labor government would remove these injustices and anomalies. [More…]
This measure will provide a great measure of justice to them. [More…]
If the Labor Party Bill were enacted it would stop these people from obtaining this justice and ending their days as they so obviously wish to end them. [More…]
I believe that the Government’s legislation will provide justice for people who have made Australia their home and who have served Australia well, ft will be provided at no great cost to the Australian citizen. [More…]
The great champions of justice in the Opposition have just moved a motion which suggests that unless acquitted by the Priviliges Committee I am guilty. [More…]
So the great champions of justice from the Opposition completely deny, before we start on debating the motion, the chance of a person (a) to be charged and (b) to be considered innocent until he is proved guilty. [More…]
So, I repeat, the great champions of justice in the Opposition are so concerned with upholding the law that they are not prepared to give an individual the opportunity to (a) be charged and (b) to be considered innocent until he is proved guilty. [More…]
This is the respect that honourable members opposite have for the customs and procedures of justice in this country. [More…]
However, I refer the honourable member to the decision of Mr Justice Cook in the case In re Building Workers’ Industrial Union of Australia, New South Wales Branch (1965) 65 Industrial Arbitration Reports New South Wales pages 474 to 489 in which he held that the obligation imposed by sub-section 3 a applied only to the process of conciliation and not to those of arbitration. [More…]
What were the salaries and allowances of (a) Mr Justice Moore, (b) Mr Justice Williams, (c) Mr Justice Aird, (d) Mr E. A. C. Chambers, Commonwealth Public Service Arbitrator, and (e) Mr J. E. Taylor, Senior Arbitration Commissioner, on J May 1972. [More…]
They have seen the injustice of the proposals being put forward at a time when low wage earners, particularly those in the low income group in the Public Service, are not receiving justice. [More…]
When we rejected that proposal in the interests of justice and as a contribution to the economy and the stability of nation, he said: ‘Unless I get the $34,650 I will not support the legislation’. [More…]
I just say to the Government that it is nearly time that it woke up; it is nearly time that it gave wage justice to everyone in the community from the lowest to the highest. [More…]
I do so because of the fact that this Government has double standards so far as wage structures and wage justice are concerned. [More…]
This is a Government that we on this side of the House say is denying proper wage justice and wage fixation to those people in the Public Service who do not rely upon measures to ge through this Parliament to be given their salaries and wage increases. [More…]
The Bil] does not pay even some form of lip service to the fact that people are justified in receiving wage justice today. [More…]
Knowing the justice of the case, the Leader of the Opposition, very cleverly I thought, skirted around it and at the last moment introduced an amendment which does nothing other than to negative the Bill. [More…]
The Government considers that honourable members opposite should be given a further opportunity to grant salary justice to this group of statutory officials. [More…]
I believe that this measure will be passed by this House; I believe that we will support it in this House, and support it quite strongly because it is only giving wage justice to these people. [More…]
It is with very deep regret that I have to inform the House of the death on 7th July of Sir Owen Dixon, a former Chief Justice of the High Court of Australia, at the age of 86. [More…]
In 1926 he became Acting Justice of the Supreme Court of Victoria and in 1929 was appointed a Justice of the High Court. [More…]
He was Chief Justice of the High Court from 1952 until his retirement in 1964. [More…]
The Australian Labor Party wishes to be associated with the tribute that the Prime Minister has paid to the former Chief Justice. [More…]
As counsel, as judge, as wartime administrator, as diplomatist and as Chief Justice, Sir Owen Dixon touched nothing that he did not adorn. [More…]
He had a long and varied career, reaching its zenith as Chief Justice of Australia. [More…]
During the recent oil strike in this country fuel was cut off to the community, some tens of thousands were thrown out of work and the jobs of hundreds of thousands were put in jeopardy because a small group of trade unionists in this country was prepared, against the interests of the great majority of the wage earners of Australia, to refuse to accept the interim decision which had been handed down by His Honour Mr Justice Moore and to down tools at the expense of their fellow unionists and at the expense of the country. [More…]
That initiative was then followed by the initiative taken by Mr Laurie Short of the Federated Ironworkers Association, and finally the initiative taken by His Honour Mr Justice Moore. [More…]
When the case was before Mr Justice Fox, he pointed out that the Commonwealth had at all times had power oh an application to the court to remove the tent and that the Commissioner of Police and the Minister admitted that the Commonwealth had this power. [More…]
The reaction of the Minister, apart from the completely unnecessary clashes which took place, has been to bring down a new ordinance - one which is unnecessary, as Mr Justice Fox pointed out, because of the already existing powers of the Commonwealth, but one in which significant changes in the law were made and made in a particular direction to which all parties represented on the Senate committee which examines regulations and ordinances have always taken exception, namely, the procedure set out in section 8c (1.) [More…]
On this point I should like to conclude by reading what Mr Justice Fox said in dealing with the challenge made to the legality of this Ordinance. [More…]
In that Commission in July, Mr Justice Moore granted an interim wage increase to the men and made it clear that provided work continued under normal conditions the unions’ full claims would be heard and determined. [More…]
Of course, the men agreed with Mr Short and, following Mr Justice Moore’s initiatives the next day, went back to work on the same terms and conditions as those on which they went out on strike earlier in July. [More…]
Is the censorship law, as at present applied by the Minister for Customs and Excise and the ordinary courts of Justice in Canberra, considered inadequate. [More…]
The typical Australian today is, I profoundly believe, a man or woman who wants to believe that he or she lives in a society which is committed to achieving justice and equity and opportunity for all, not just for himself and his immediate family but for all his fellow citizens, and who believes that he can and does contribute to achieving such a society. [More…]
But the typical Australian cannot believe he is living in a society committed to justice and equal opportunity when he sees his national government content to have 100,000 and more of his fellow-citizens unemployed, when he sees one million of his fellow citizens living near or below the poverty line, when he sees the operation of one law for wage earners and another for price fixers, when he sees men of great wealth able to avoid, through tax dodges, paying millions of dollars, when he sees the Aboriginal community suffering from the world’s highest infant mortality rate, when he sees millions of dollars spent on a handful of the wealthiest schools in Australia while most State and parish schools are struggling to meet basic standards, when he sees a health system which costs the richest man scarcely half as much as the average man has to pay. [More…]
In modern Australia the typical Australian looks to his governments to redress these injustices, not least because he knows that governments themselves have done so much to create them. [More…]
And in modern Australia the government he increasingly looks to for leadership and justice is the national government. [More…]
This was the time to start building Australia’s future on the basis of justice, equality and national co-operation. [More…]
I ask: What is the justice in that kind of thing? [More…]
This is a time when the Government is denying elementary justice to pensioners and to children in the form of child endowment, when it is denying responsibility for the system of education other than paltry, arbitrary subsidies given to the wealthy private schools and a time when it is denying proper responsibility for hospitalisation. [More…]
It should have some justice and some equity. [More…]
I make a simple plea tonight for justice and help and 1 ask the Minister to take the initiative to bring the States, the canners and the grower’s representatives together to take action on the money owing to men for the fruits of their labour. [More…]
If the Commonwealth Government cannot do anything about it, at least the good offices of the Attorney-General should be directed to the lawmakers in New South Wales - to those administering justice in New South Wales - to protect this widow of an exserviceman and to see that justice is done. [More…]
In his recent book, ‘Labour and Inflation’ Lord Balogh, economic adviser to Britain’s Wilson Government, points to an oft forgotten principle - that just as wage and salary earners as a whole are entitled to a fair share of the Gross National Product, it is equally important that there should be justice between different categories of workers. [More…]
Justice Asprey to inquire into and report on the overall tax structure within the Commonwealth’s jurisdiction. [More…]
We do need to avoid any kind of approach which suggests that people who earn more should not get the benefit of those earnings because, in this country, tor purposes of productivity and for purposes of justice, those who are considered to be worth more in salary should not be reduced to one common mould after taxation, which I think is sometimes suggested by the Opposition and which 1 fear would happen should the Opposition become the government of this country. [More…]
I do not consider it equitable and I do not consider it justice. [More…]
I wonder whether any honourable member opposite really knows what the reason was for the unionists refusing to accept the interim decision of Mr Justice Moore. [More…]
Surely, in all fairness and justice, this should not be allowed to happen if it can possibly be avoided. [More…]
1 refer to the well intentioned but utterly misguided fuzzing over of major issues by Mr Justice Moore in his precipitous ambition to settle a symptom. [More…]
The Treasurer (Mr Snedden) and the Government have tried to make much of the alleged tax concessions in the Budget and the justice and fairness of them, but let us look at what has really been proposed. [More…]
Government supporters blamed that situation on the unions, but the unionists were fighting for justice and a respectable wage to pay off expensive homes and land, to rear and educate their children and to ensure them a decent footing in their own country. [More…]
The Budget will certainly achieve its aims of stimulating confidence, giving increased discretionary spending power to individuals and giving increased social justice. [More…]
We may be relied upon to do full justice to their needs, as we have done before. [More…]
The Liberal Party approach, as outlined in the Treasurer’s Budget Speech, is short-sighted, inadequate and has no philosophy of basie rights or justice either for individuals or industries. [More…]
The next matter I want to refer to concerns the provisions of the Act which relate to what might be deemed the rights of the individual against an injustice which could be perpetrated by a denial of natural justice. [More…]
In this case there has been a denial of natural justice and a decision has been made contrary to the provisions of the Act. [More…]
These give way to the election promises of correction of injustice and the remedy of anomalies. [More…]
I express my approval of what the Government has done in giving this belated measure of justice to pensioners. [More…]
It is a well thought out Budget; it is designed to bring justice to the people; it is well balanced; it will inspire confidence; it will create the incentive to develop; it will assist unemployment; it will raise the standard of living and, above all, it will preserve the stability of our economy. [More…]
I commend to the Treasurer the decision given by Mr Justice Menzies. [More…]
If any section of this community deserves justice with compassion it is the people who receive pensions and who in human terms have been responsible for the great development of this nation. [More…]
Firstly, they are an act of social justice. [More…]
If the election will be in three or four weeks the Committee will not be able to do justice to this important inquiry which concerns a Supreme Court building; it is not something to be trifled with. [More…]
I used that example and I quote it again as a parameter or a measure of justice. [More…]
I shall quote the remarks of Mr Justice Moore from the transcript of the national wage case for 1970. [More…]
Mr Justice Moore said: [More…]
The judgments of Mr Justice Moore cannot possibly be refuted. [More…]
I suggest to the Minister for Supply and Minister assisting the Treasurer (Mr Garland) that his heart might be touched and that he might carry to the Treasurer this message from those of us who believe in justice and equality: We believe that blind people should be exempted from the tax imposed on certain items that they use. [More…]
The sort of thing that typifies this Government is that in the default of doing anything about the regulation of prices or solving the inflation problem, it goes into the courts and argues against the justice of workers getting higher wages. [More…]
What it means is that comparative wage justice and conditions will spread and it is unreal and deceptive to talk about a selective approach. [More…]
Has the Labor Party any real concern for equity and justice in the work force? [More…]
This institution is the fountainhead of all truth and justice in the whole nation. [More…]
The case came before Mr Justice Gibbs, who is now on the High Court of Australia. [More…]
I remind the House that, when the first application was made to the Supreme Court of the Australian Capital Territory in relation to this matter, Mr Justice Fox, I think it was, said a number of things. [More…]
Has the Minister yet studied the contents of the survey by the Police Bureau of Crime Statistics which, according to the New South Wales Minister for Justice, reveals that there are areas of real poverty in and around the electorate of Shortland and elsewhere? [More…]
If I may quote from the judgment of His Honour Mr Justice Fox to explain the reason for this proposed suspension of the Standing Orders, at page 117 he said: [More…]
As Mr Justice Fox said, it is not that the particular Ordinance is invalid; it is merely that the form of promulgating, the form of notification, has been wrong. [More…]
With great respect, I find myself in agreement with the view expressed by the 2 judges who did not agree with Mr Justice Fox regarding one defect. [More…]
From the very day on which the Lord Chief Justice, of England, Lord Hewitt, wrote his famous polemic treatise, The New Despotism’, the people in the United Kingdom have been seized with the need to try to control in a firm, sensible fashion the great mass of subordinate legislation. [More…]
It was His Honour, Mr Justice Wanstall in the case of Hughes v. Hi-way Ads. [More…]
This was a committee of inquiry into the powers of Ministers and for part of the time its chairman was Lord Justice Scott. [More…]
The honourable member for Moreton mentioned Chief Justice Hewitt. [More…]
I am going to call, if I may, a witness to say that it is nonsense and the witness is no less a person than His Honour Mr Justice Fox of the Supreme Court of the Australian Capital Territory. [More…]
Up to that stage, this had been one of the most peaceful demonstrations, testified to by Mr Justice Fox, that this country has ever seen. [More…]
The administration of justice in the Australian Capital Territory at the moment is such that it is very difficult to get a case brought on for trial. [More…]
People do not receive a very high standard of justice in that sort of situation. [More…]
It may be of interest to honourable members to look at the final words of Mr Justice Blackburn and Mr Justice Connor which appear at page 5 of their separate judgment. [More…]
of the Seat of Government (Administration) Act was, to quote the words of Mr Justice Fox, ‘so wide and general in its terms that it offends against a principle that it is for Parliament, and not the Executive, to legislate for the people of the Commonwealth’. [More…]
It is this argument that Mr Justice Fox rejected because in his view the notice that was originally contained in the Government Gazette stated with reasonable clarity that the ordinance had been made. [More…]
Fancy going to this Attorney-General and asking him to do justice in a case of this kind. [More…]
My Leader informs me now that the Attorney-General has already informed the honourable member for Prospect that he will not give justice to this young girl, who has been put into gaol by a man who had absolutely no legal right to put her into gaol, unless she goes to some barrister or engages counsel to make an application for her and pays for it out of her own pocket. [More…]
We believe that there should be outside the Parliament altogether - independent of the Parliament and independent of the Executive^ - a system of justice which is administered through the courts of this land. [More…]
Its purpose is not to cast into doubt the powers of the courts of this land; its purpose is not to cast into doubt the ability of the magistrates, justices and judges to adjudicate on the rights and wrongs of individual cases before them; its purpose is to guarantee those rights. [More…]
Let me draw attention to page 118 of the judgment of Mr Justice Fox, to whom the honourable member for the Australian Capital Territory referred as his silent witness, where he states: [More…]
The details of the ordinance have been specified - the date of the ordinance, the year of the ordinance, the price of the ordinance, where the ordinance is available - the fact that this was referred to by initials, other than in full exposition, is the one and only matter that His Honour Mr Justice Fox has drawn on as the basis of his decision. [More…]
But there are still the common law provisions to which His Honour Mr Justice Fox referred and the Government has taken action in such a way as to ensure that those people who have misguidedly taken a short term advantage of what they saw as a right should not take it as a continuing right. [More…]
It acted in accordance with an interpretation of the common law given by His Honour Mr Justice Fox. [More…]
Subsequently I went to the watchhouse to act in my capacity as a justice of the peace. [More…]
I have learnt this not through the law courts as my friends opposite have, but because of the duties I perform in my capacity as a justice of the peace and because my office is near the Pentridge Prison I see a lot of the products of this haphazard administration of the law and the laying of charges. [More…]
His Honour Mr Justice Fox made the following observation: [More…]
His Honour Mr Justice Fox in the Supreme Court of the Australian Capital Territory has suggested, as the honourable member for Fremantle has said, that it would have been possible to move the campers under the general law. [More…]
Honourable members will recall that in May 1970 Mr Justice Eggleston, as he then was, made certain recommendations in his report of his inquiry into academic salaries. [More…]
The Commonwealth Government, after consultation with State governments, has concluded that the time is appropriate for such a review and, on 11th September 1972, I announced that Mr Justice Campbell of the Supreme Court of Queensland had been appointed to conduct an inquiry into academic salaries in universities. [More…]
Mr Justice Campbell will be assisted by Professor R. L. Mathews, Professor of Accounting and Public Finance of the Australian National University, and Mr M. C. Timbs, Executive Member of the Australian Atomic Energy Commission, as assessors. [More…]
Mr Justice Campbell’s inquiry will not be examining salaries at colleges of advanced education because the Commonwealth is adhering to the principles of the Sweeney report that salaries of lecturers and senior lecturers in colleges of advanced education should be broadly the same as those in universities. [More…]
The first is to provide a 3-year crash programme with unmatched Commonwealth grants for increased hostel type accommodation and to do this in a way that will provide a measure of justice to those organisations that were pioneers in this field and which provided these beds prior to the 1957 government initiative of $2 for $1 for every bed provided. [More…]
I wish to draw the attention of the House to what may be regarded as an ambiguity in my second reading speech on the States Grants (Universities) Bill 1972 and in my public announcement of 11th September when virtually identical words were used relating to the date of effect of increases in academic salaries arising from the inquiry to be conducted by Mr Justice Campbell. [More…]
The position is that the Commonwealth will stand ready to make supplementary grants to the States on the basis of the usual formula in order to cover increases in academic salaries to take effect from 1st January 1973 which may arise from the recommendations in Mr Justice Campbell’s inquiry. [More…]
Any such increases will, of course, require a Government decision on Mr Justice Campbell’s recommendations. [More…]
The question concerns the opinion which 3 States obtained and sent on to the Commonwealth, from Professor D. P. O’Connell, the Chichele Professor of International Law at the University of Oxford, on action which Australia can take before the International Court of Justice to enjoin France from continuing nuclear testing in the Pacific. [More…]
Despite its logic the case for a parliamentary review of the repatriation legislation was rejected by the Government, although it has now appointed an independent inquiry into the Act under Mr Justice Toose. [More…]
Mr Justice Bright found for the settlers. [More…]
I emphasise that the reduced rentals were to apply to conform with the judgment handed down by Mr Justice Bright and that the Commonwealth agreed that these proposals would apply also to those settlers who had already signed their leases. [More…]
I simply point out that if the reduced rentals are to apply also to those who have signed their leases in South Australia, there is no reason why the same justice in adjusting valuations and rentals cannot apply to settlers in Western Australia and Tasmania where the Commonwealth has an overriding authority. [More…]
Mr Justice Pike came up with recommendations that were accepted by the Commonwealth and by the States at that time. [More…]
This is a unique opportunity for us to complete some of the great works that were put in hand, such as the great investigation work that was carried out by Mr Justice Pike. [More…]
We were unfortunate in having to replace Mr Justice Kerr. [More…]
Naturally, it has taken Mr Justice Woodward some time to pick up all the threads but he has informed me that he will report on the 2 matters on which he has to report to the Government within the next 5 or 6 weeks. [More…]
There is no justice in restrospect for this Government, even though it subsequently came to recognise the folly of its ways. [More…]
As we are dealing with the estimates for the Attorney-General’s Department, I take it that it will be in order for me to speak about truth and justice. [More…]
The point I make is that the Attorney-General’s Department is dealing in matters of justice. [More…]
Mr Justice Selby, the Chief Judge in Divorce in New South Wales, is on record as saying on 9th June that Commonwealth legal aid should be provided in some divorce cases. [More…]
I think that the advice of such an outstanding jurist as Mr Justice Selby should be heeded by the Commonwealth. [More…]
What I suggest to the Committee is that this is a very flagrant proposed departure from a very basic principle of law and the administration of justice. [More…]
That is a substantial departure from the very basic principle of the administration of justice. [More…]
Great Britain, I believe, is the land of the free where everyone has justice. [More…]
Australia has adopted the British common law and I believe it gives the average person a better chance for justice than there is in any other country. [More…]
The British principle of justice has worked better than the system of any other country. [More…]
When some of us decided that this was a ridiculous thing to happen and that we had an Attorney-General who was obviously not prepared to carry out the law but was only prepared to play politics, a barrister appeared in a Sydney court on Thursday and applied for a writ of habeas corpus in public chambers before Mr Justice Meares. [More…]
The Solicitor-General was contacted by Mr Justice Meares or vice versa and he asked for an adjournment of the case until the following morning so that the case would never come to hearing because they knew that by the following morning they would have the legislation through the Senate which would retrospectively assure the appointment of Mr Dobson, S.M., on the previous Monday. [More…]
As the barrister put it to Mr Justice Taylor the following morning, it was a specious application by the AttorneyGeneral on behalf of the Commonwealth Government to ask for an adjournment on the Thursday so that the Commonwealth could argue that the appointment of a magistrate was valid, because the Commonwealth Government never believed that the appointment of that magistrate was valid. [More…]
If we are to talk in terms of abolition of poverty and if we are to talk about bringing social justice into our society - I am sure there would be very few people in this category - I believe, that this anomaly must be abolished. [More…]
Let us look at the sort of justice which he talks about, the sort of moral concern for pensioners which is shown by his Party. [More…]
Successive governments have for years endeavoured to find a way to do justice to the needs of pensioners and at the same time provide a national retiring allowance on a basis satisfactory to all and one which suits Australia’s national needs. [More…]
The other is the independent inquiry into the Repatriation Act being conducted by Mr Justice Toose. [More…]
In October last year Mr Justice Toose, C.B.E., was nominated to carry out the inquiry. [More…]
I am glad to be able to say that I know Mr Justice Toose personally. [More…]
I look forward to a very solid report coming from Mr Justice Toose. [More…]
I do not want to say much about it because I know the members serving on the Senate select committee inquiring into repatriation and I know Mr Justice Toose, and I have no doubt that Mr Justice Toose and the Senate committee will know how to assess the value of the evidence before them and how to establish the correct order of value when they arrive at their findings. [More…]
It contains a discussion by Mr Justice Denning on the question of what might cause cancer. [More…]
It could have been that in this case justice was denied. [More…]
If the case had been brought in Australia justice would have been denied. [More…]
Mr Justice Denning said that where there was a probability or even a possibility, or as long as it was not beyond a shadow of a doubt, that the disease was war-caused there was an opportunity for the tribunal to find that the cancer was due to war service. [More…]
So section 47 is not achieving the justice it was meant to achieve. [More…]
I can tell the Minister for Repatriation that for any fair dinkum member of Parliament who is prepared to make himself available there are stacks of ex-servicemen in this country who contend - and who justifiably contend in my view - that they are not getting their due or justice. [More…]
A lot of the matters raised by honourable members in this debate are being considered by Mr Justice Toose, who is heading the independent inquiry into repatriation. [More…]
What we are concerned about is justice for war widows generally. [More…]
The Ministry of Trade and Industry could act as co-ordinator for both of these ministries in relation to all international activities, but the Office of Secondary Industry, whilst serving a most useful function, does not do justice to the future potential of Australia’s industrial development. [More…]
I think that a lot more justice could have been done if there had been a much higher relative exemption for rural properties as against other properties, because it seems that what is regarded as a return on capital in a farm would never be tolerated as a return on capital somewhere else. [More…]
If we cannot get justice in our freight systems, it ultimately will be the end of many of Tasmania’s basic industries. [More…]
They are not getting justice from this Government. [More…]
They will get justice from a Labor government because that is our policy. [More…]
Ail that we are seeking is justice fo: that section of the community. [More…]
All we are seeking is justice for all, but this Government is not providing justice for all. [More…]
This Government’s justice favours what could be called the wealthier section of the community. [More…]
There is no justice in the application of this Government’s education policy but there will be justice when the Australian Labor Party is elected to office come 25th November or whichever date the Government chooses. [More…]
There must be justice not only in the independent schools which need justice and help; justice must also be meted out in the area of those state schools, which are also in need of help. [More…]
If we are to have justice, let us have it. [More…]
The Australian Labor Party will give justice to all the people of Australia when it gains office on 25th November. [More…]
His attitude is directly related to vote catching, not to principles or to justice. [More…]
This is a glaring example of failure to give justice in the social welfare field. [More…]
For all its difficulties and shortcomings the Australian Constitution is not an insurmountable barrier against social reform and social justice. [More…]
This illustrates the seriousness of the problem that has developed under this Government and indicates that there is a strange form of justice that has worked through it all. [More…]
Time in this debate does not permit me to do justice to the hard-working, dedicated people who conduct the life saving clubs or to do justice to the work they do on our beaches. [More…]
They would seek to bring our involvement with the South East Asia Collective Defence Treaty to an end and to convert the ANZUS Treaty to what they are pleased to call an instrument for peace and justice. [More…]
They seek to convert it into what they call an instrument for peace and justice. [More…]
They might bear in mind that their own youth association, the Young Labor Association, has condemned the Federal Conference of the Labor Party for what it termed putting blind faith in the ANZUS Treaty as an instrument for peace and justice. [More…]
They undertook to maintain world peace, to suppress acts of aggression and’ to settle international disputes by peaceful means, in accordance with the principles of justice and international law. [More…]
It develops an individual and community conscience, together with a desire to eliminate all forms of suffering, to spread knowledge and to bring about social justice and international peace. [More…]
I believe that the ‘honour-able gentleman has performed a public service by drawing attention to the opinion of a distinguished jurist like Mr Justice Winneke and his comments in the Arthur Mills oration on this particular matter. [More…]
As Mr. Justice Winneke says, this just is not so. [More…]
This is a departure from every principle of justice with which we are familiar. [More…]
At that meeting this need was made known to Mr Justice Moore by way of a question from a person who I understand represented the Employers’ Federation. [More…]
Mr Justice Moore quite properly indicated that this was a political decision and not one within his jurisdiction. [More…]
Honourable members opposite talk about industrial relations and wage justice, and the Prime Minister (Mr McMahon) on Monday Conference’ or some other programme of that nature the other night said that in 12 months time Australia will have overfull employment. [More…]
So although my officers will do their best to ensure that justice is done and pensions are payable as soon as possible my strong advice to anybody in doubt as to his pension eligibility would be to get a form and reapply. [More…]
I can see little justice if the money is simply to be passed from the Commonwealth Government to the Victorian Government. [More…]
In justice to the honourable member for Maranoa (Mr Corbett), I mention that I was not sure to which scheme he was referring. [More…]
Discussions have been taking place for a considerable time now in relation to a scheme that would provide some financial justice for the fruit growers hurt because of currency decisions made by this country, marketing problems, and an alleviation of the supplydemand situation by pulling trees out of the ground. [More…]
The meeting was presided over by Mr Frank McDonald, a justice of the peace and a person widely known for his excellent work for the age and invalid pensioners and also the community. [More…]
Mr Justice Meares and the members of the expert group have given generously of their time and energies. [More…]
The Commonwealth will also be prepared to provide additional financial assistance on the basis of the usual formula of a contribution of Si by the Commonealth for every $1.85 of State grants plus fees in respect of increases in academic salaries from 1st January 1973 that may be determined by government decision as a result of the enquiry into academic salaries in universities that is being conducted by Mr Justice W. B. Campbell of the Supreme Court of Queensland. [More…]
I refer to the Hansard report of the proceedings of the New South Wales Parliament of 25th February 1969, which relates to an Equity Court case which lasted for some 55 days and which was heard by Mr Justice Street who delivered the judgment on 19th December 1968. [More…]
In the judgment Mr Justice Street made statements such as this: [More…]
The Government is trying to take credit unto itself on the basis that, by what it calls fine tuning to the extent of providing $20m or $10m or, in the case of Tasmania, $7,600,000, it somehow is doing justice to the community. [More…]
I would be doing less than justice to it not to acknowledge the benefit of that receipt. [More…]
Every ill in this country and every problem in this country is caused by the worker and by the workers’ just demand for wage justice. [More…]
Will he tell the do-gooders who have been pressurising bis Department on African and Asian migration to exhaust themselves in doing something practical to help fair dinkum Australians to do something worthwhile for the Australian Aborigines who alone have a claim for justice and fair treatment by the Australian people. [More…]
No suggestion has been put before us that the Chief Justice was talking through his hat in the case of Bonser v. La Macchia when in the course of his judgment he said that the sea bed and the continental shelf naturally belong to a nation as an international person. [More…]
Nor has it been argued that the Chief Justice was wrong when he said that the existing situation in respect of fisheries is pregnant with practical difficulties, particularly if there is at any time any diversity between Commonwealth and State laws with respect to fishing on the high seas’. [More…]
In justice it is wrong for Australian citizens to be liable to be subjected to this kind of a situation. [More…]
Alternatively we could accept what has been described in the International Court of Justice decision in the North Sea continental shelf case as the natural prolongation of the land under the sea to the land to which it is appurtenant. [More…]
Where before in Australian constitutional history has the Chief Justice said in advance what his decision would be in one of the most grave and important matters of constitutional law? [More…]
Where before has he been backed up by one of his brother justices, Mr Justice Windeyer who fully agreed with his sentiments? [More…]
This is what the Chief Justice of Australia said: [More…]
If you want to take it further you have no less than the opinion of a former Chief Justice of the International Court of Justice, Sir Percy Spender. [More…]
Has there ever before been such a pathetic spectacle as that of the senior legal representatives of the Commonwealth of Australia and of the State of New South Wales both tiptoeing into the High Court and, very ashamedly and in a very small voice, suggesting to the Chief Justice that he should not adjudicate on the question of sovereignty in respect to the continental shelf? [More…]
The then Attorney-General, Sir Garfield Barwick, the present Chief Justice, aspired to get uniform legislation on these subjects by co-operation between the Commonwealth and the States. [More…]
I believe there is a good deal of justice in the argument, so I hope that in the course of time this request will be granted and that as many people as is reasonably economically possible - I am sure the service could be improved - will be able to have local call access to their main business centre. [More…]
Any disinclination by the Commonwealth to subsidise shipping in a thorough going way or in an obvious way is seen to be less than justice tor those who benefit from shipping in Tasmania, Of course the problem often lies in the fact that everybody benefits or does not benefit by the functions of shipping because most of the produce and material products which are distributed to Tasmanian consumers are imported either from Australia at large or from overseas through mainland Australia. [More…]
It would be less than justice, I think, not to draw attention to the fact that the Commonwealth has shown a continuing interest in the problems of Tasmanian shipping. [More…]
It is impossible to say with any justice that there has been concealment in this case. [More…]
Mr Justice Asprey did not need any legislation for his inquiry into taxation. [More…]
In my judgment the democratic processes of Parliament could be made to work much more efficiently if only the Government were to dispense a little more justice all round, rather than to adopt the somewhat avaricious attitude it has shown over the years towards the Ministry and. [More…]
The Government is willing to send men to Vietnam, yet the system it has- set up cannot possibly give them economic justice. [More…]
It seems quite absurd to me that a government which can recognise the justice of full wages during compensation for incapacity up to 26 weeks should say that once a person has suffered 26 weeks of incapacity, beyond that point he can go no further but must revert to ordinary weekly wages which, even with the amendments proposed by the Minister for Social Services (Mr Wentworth), will amount to only $43 a week for a single man and $54 for a man with a wife with an additional $5 a week for each child. [More…]
Nonetheless it is pleased to note that the Minister has seen the justice of its policy in respect of 26 weeks of a person’s incapacity. [More…]
I can never understand why the Government thinks it is possible to do justice to people by specifying a fixed sum of money, being that amount of money which the Government uses for ascertaining the lump sum payments by applying a percentage to that sum of money. [More…]
But it is far better to do the thing properly and give him complete justice by giving him the full amount of what he has lost. [More…]
I say in passing that, had it not been for the actions of this Government in encouraging a climate in which Mr Justice Moore as arbitrator and umpire could come into the field, the oil strike might still have been with us. [More…]
It was never arbitration, and Mr Justice Mason denied that it was arbitration. [More…]
Because the Government was convinced that this was a genuine difference of opinion as to the appropriate common fee to which to apply that 1.5 per cent and that the overwhelming majority of divergencies in charges were just over the common fee and in the application of the 15 per cent to that higher amount the Government asked Mr Justice Mason with limited terms of reference, to inquire into this divergence of opinion. [More…]
Mr Justice Mason found in favour of the application of the 15 per cent to the higher fee. [More…]
But one would not have expected any change in the figures yet because the new fees as recommended by Mr Justice Mason came into being only as from 1st July. [More…]
There is only one point which he mentioned that really needs to be dealt with, and that was his statement that there was only one point in dispute over the issue which led to arbitration by Mr Justice Mason earlier this year. [More…]
He implied that this situation was effectively solved by the arbitration findings of Mr Justice Mason. [More…]
The argument of the Minister for Immigration that the whole thing was ironed out by what happened in the informal arbitration proceedings before Mr Justice Mason is completely fallacious. [More…]
It had an inquiry by Mr Justice Mason to examine what would happen to the common fee in New South Wales and then unilaterally the Government made a decision that fee increases would go not only to New South Wales but to every general practitioner in Australia. [More…]
The Chief Justice of Victoria, Sir Henry Winneke, has made this absolutely plain. [More…]
I would also like to comment on the point that the Minister made in claiming that Mr Justice Mason had only to make the decision on the question of the higher base line figure - the 1st July 1969 figure - on which the 15 per cent increase in the middle of last year was based. [More…]
The Minister went on to say that Mr Justice Mason found that the claim made by the Australian Medical Association for the higher base line figure was correct. [More…]
I point out to the Minister - I suppose that, being only the Minister representing the Minister for Health in this House, he does not have to know all the facts - that Mr Justice Mason made no such finding. [More…]
I was the only person to appear before Mr Justice Mason to oppose the proposition advanced by the AMA. [More…]
What Mr Justice Mason found was that the Department of Health was unable to supply adequate figures which could distinguish between the proposition put forward by the Australian Medical Association and the proposition which I put forward. [More…]
I would argue, firstly, that it is scandalous for a government that has been in power for so long and for a department of health that uses up a large amount of money on administration to be unable to supply a definite base line figure for Mr Justice Mason to work on and, secondly, that it is scandalous for the Government not to appear and oppose the proposition advanced by the AMA. [More…]
Is the Minister aware that the Queensland Chief Justice considered that the quantity of heroin involved was one reason why the sentence should be reduced? [More…]
I am very glad that he has asked this question as his last question because I know how much he has dedicated himself to the ideals of peace and the ideals of justice in this area. [More…]
Hov ever, as in the case of The Hague Convention there are still many difficulties in constructing an effective deterrent and preventive structure because of the diverse motives of individual hijackers, among them being the mentally deranged criminals in flight from justice who use passengers as hostages to demand money, and political escapees. [More…]
It is a principle of order but not necessarily of justice. [More…]
I can get proof to show that this man Johnson, who is a justice of the peace, knowingly witnessed a false statutory declaration by a person whom he personally knew. [More…]
I want to make a statutory declaration; I would like you to witness it as a justice of the peace’. [More…]
If anyone should be prosecuted, it is Johnson for having breached his responsibility as a justice of the peace. [More…]
Did His Honour Mr Justice Forster in the Supreme Court of the Northern Territory recently find an adult made Aboriginal, ‘ named Leon Puruntatameri, guilty of a -carnal knowledge offence against a 12 year old. [More…]
In the case referred to, was His Honour Mr Justice Forster entitled to come to any conclusion, other than that prescribed by the laws of the Northern Territory, because of any belief he may have had that the circumstances of the offence emanated from or were related to Aboriginal customs. [More…]
Has Australia approached any other countries to join in an application to the International Court of Justice for an injunction against France in accordance with the opinion obtained by South Australia, Western Australia and Tasmania from Professor D. P. O’Connell, the Chichele Professor of international Law at the University of Oxford, and forwarded by the Premiers to the Prime Minister on 19th September 1972. [More…]
As long as you dispense justice strictly, fairly and impartially, I can assure you that you will have the support of members of the Australian Country Party. [More…]
My Government attaches great importance to the Commonwealth of Nations as an active instrument for justice and peace and for political, social and economic advancement throughout our region and also in Africa and the Caribbean. [More…]
A committee of inquiry has been set up under the chairmanship of Mr Justice Woodhouse of the New Zealand Supreme Court to recommend a national scheme for compensation and rehabilitation for personal injury. [More…]
For the information of honourable members I present the report by Mr Justice Moore on the inquiry conducted on behalf of the Australian Government in relation to proposed steel price increases by the Broken Hill Pty Co. Ltd and Australian Iron and Steel Pty Ltd. [More…]
I am delighted that the privilege of introducing these historic measures - of rectifying this denial of natural justice - has fallen to me and that it is one of the first legislative acts of this Parliament. [More…]
I feel certain that justice in this House will be meted out by you in a very fine manner, I note that you are reported to be a cueist of no small ability. [More…]
I mentioned today that we have heard a lot about the justice associated with the previous Government. [More…]
It was lovely to see them standing as one in this place, fighting for democracy and justice and to save one minute. [More…]
From the most erudite commentators to the most humble observers there has been a common plea for justice and recognition. [More…]
In justice to my friend, the honourable member for Corio (Mr Scholes), and to members of the Opposition I believe I should explain the reasoning of honourable members on this side of the House in relation to the difficulty that arose in the last 10 minutes of the Address-in-Reply debate. [More…]
Honourable members opposite do not have a monopoly of a concern for social justice, as they often like to imply. [More…]
Our present education concentrates too much on preparing a person for a job-slot or earning an income rather than fostering a community spirit of freedom and justice, tolerance and social responsibility. [More…]
This is a House of responsibility - a responsibility to be exercised with justice. [More…]
We have to be careful also that in some areas our social welfare payments are just to all in the community and that the penalties we impose on certain sections of our society do not outweigh the justice we are doing to others or, put another way, that we do not give to one section on the one hand and take away from another section on the other. [More…]
We have to be sure that in its application our policy is just to all sections of the community and that this backlash or reaction does not develop and retard the progress of true social justice in our community and, as a result, hurt more those people whom we are trying to help with this legislation. [More…]
I note that the Deputy Prime Minister (Mr Barnard), who represents the Minister for Repatriation (Senator Bishop) in this House, in his evidence to the independent inquiry into repatriation conducted by Mr Justice Toose, said that he thought that the proposal by the RSL for a funeral benefit of $200 was reasonable. [More…]
This debate on repatriation benefits is another symbol of parliamentary search to give justice to the people who have served this country in war. [More…]
I believe that we should continue this search to give justice to them. [More…]
I believe that the present repatriation procedures, designed as they have been to produce justice and administrative competence, have perhaps become concerned more with admin’istrative competence than with actual justice. [More…]
Again it is not a matter that one can determine immediately but I should point out to the House that, as honourable members know, there is at this time a committee of inquiry under the chairmanship of Mr Justice Toose looking into the Repatriation Act. [More…]
I extended the period in which Mr Justice Toose would have the opportunity to investigate the Repatriation Act. [More…]
I extended the terms of reference of that Committee and, for the information of the Minister for Aboriginal Affairs, I point out that I asked Mr Justice Toose to take into consideration, with the other matters at which he would be looking, the question of repatriation hospitals and what extensions should be made to them in terms of the facilities they provide and in other ways. [More…]
Without a matching moral and ethical advancement, without a sense of community responsibility, without respect for others, without personal and government integrity, without a massive caring for others, without a sharing of opportunity, without a love of justice, without a love for the underdog, without a tolerance for opposing viewpoints and without a faith in something beyond ourselves, true progress is impossible. [More…]
That is What Mr Justice Sholl said about people who genuflect to the bullies of the world. [More…]
When a 7 per cent increase in the price of steel was mooted by BHP this year the Labor Government set up an inquiry under Mr Justice Moore who, after hearing all the evidence, determined that a price increase of 3 per cent was the maximum that could be justified. [More…]
The inquiry of Mr Justice Moore was an important forerunner to an important policy item of this Government, that is, the establishment of a prices justification tribunal. [More…]
I think I should warn the members of the Opposition that, if they are not careful, their actions and words in this regard will only backfire on them and, because of the progress made by the Government reinforce the views of those who believe in justice and equity, and convince many of those who have been led to believe they should be opposed to the word socialism that, in fact, it is in the best interests of the nation - because this is what we are about - the establishment of a fair society. [More…]
The Australian Government believes that it has the option of going to the International Court of Justice to gain an injunction against France carrying out these tests in our atmosphere. [More…]
The physical features which give Australia that option of approaching the International Court of Justice against the French tests are not applicable against the Chinese tests. [More…]
The Leader of the House referred to our lack of social justice in not lowering the voting age, yet in his second reading speech, by quoting the Prime Minister’s words, he showed clearly that it was Australia under Liberal-Country Party governments which enabled young people to attain the all-round maturity and competence which now makes them eligible, arid rightly so, to participate more, fully in the democratic process. [More…]
These States, jealous of their State rights and justice, would seem justified in demanding votes at Federal elections for their enfranchised under their State laws, but section 41 of the Federal Constitution states: [More…]
The Chief Justice also held that to change the franchise for Commonwealth electors it was not necessary to change the Constitution but only to change the Electoral Act as provided for under section 30 of the Federal Constitution. [More…]
By 18 most young people are ready for these responsibilities and rights, and would greatly profit by them, as would the teaching authorities, the business community, the administration of justice and the community as a whole. [More…]
Notwithstanding the overwhelming claim of justice and righteousness and the fact that increased representation was correct because the Australian Capital Territory was hopelessly under-represented, the then Government refused to introduce this legislation. [More…]
So, too, did Mr Justice McTiernan and so, too, did Mr Justice Menzies. [More…]
High Court the Chief Justice Sir Garfield Barwick said, in part: [More…]
Of course, we support that opinion of the Chief Justice. [More…]
As I have said, it endeavoured to throw the responsibility onto the court, but in the clearest terms the Chief Justice rejected that responsibility and threw it back to this Parliament where it belongs. [More…]
But the concept of law and order is meaningless without justice. [More…]
I wish to quote the words of Chief Justice Warren in giving judgment of the Supreme Court of the United States of America when it ruled that electoral districts shall bc as nearly as equal as practicable. [More…]
Mr Justice Woodward’s terms of reference have specific relation to the Northern Territory. [More…]
Mr Justice Woodward’s terms of reference bear specific relation to the Northern Territory because there can be, under the present administrative arrangements, no let or hindrance. [More…]
It is very likely that when it has to hand Mr Justice Woodward’s report the Commonwealth will exercise its constitutional powers if need be by way of acquisition of these Aboriginal reserves and other relevant lands to which the Aborigines can reasonably claim title. [More…]
I think the best answer I can give to the honourable member’s question is to point out that the old divorce rules have been subject to a great deal of criticism by some of the most learned and responsible people familiar with the subject, including Mr Justice Selby, the senior judge in divorce in New South Wales. [More…]
The task of any government, as my colleague the Minister for Northern Development indicated, is to do justice to all of those groups which are seeking credit. [More…]
I find it arguable at the moment as to whether there is justice in home builders in a country town having to pay 7 per cent interest while other people in the same area think they should be able to obtain finance at 5 per cent. [More…]
Before the progress payment was made the contractor had to submit a statutory declaration before a justice of the peace certifying that the wages and claims of the workmen employed on the work had been paid in full up to the date covered by the progress payment. [More…]
The main form of contract in New South Wales has been a pooled average return contract whereby all growers for a batch period are assured of roughly equal justice. [More…]
My Party believes, and the public, by and large, believes, that as a matter of equity and social justice something ought to be done about prices. [More…]
I would hope that the intention behind this Bill is designed to do justice. [More…]
As the Minister for Aboriginal Affairs mentioned in his second reading speech, this Government has appointed Mr Justice Woodward to examine the question of land rights in the Northern Territory in order to ascertain how in each individual situation, we can best vest these lands in the hands of the Aboriginal people who live in these communities and reserves. [More…]
He has appointed Mr Justice Woodward Q.C. [More…]
as an Aboriginal land rights commissioner to make a report on the best means of achieving the Government’s aims in this area, and, in doing so, the Government is only falling into line with what has been done in a number of other countries which have had to face the injustices that have been done to their indigenous people. [More…]
The Gove judgment, which did not accept Aboriginal sovereignty over the Gove Peninsula, has given rise to land rights claims based on moral justice. [More…]
There is no justice at all in making one law for the Northern Territory Aborigines and another for dispossessed Aborigines in the States. [More…]
Of course, I am reminded of the fact that it was a New South Wales Labor government which introduced legal aid for Europeans through the office of the Public Defender in the New South Wales Department of the Attorney-General and of Justice. [More…]
The physical features which give Australia that option of approaching the International Court of Justice against the Frencn tests are not applicable against the Chinese tests. [More…]
A significant build-up in the rate of inflation makes the Government’s professions of concern for social justice ring very hollow. [More…]
What a travesty of justice! [More…]
A brief examination of the problems which were apparent during Mr Justice Moore’s recent evaluation of the Broken Hill Pty Co. Ltd’s price submissions can only demonstrate beyond doubt the difficulties and complexities inherent in any committee examination of the pricing policy and structure of a particular company or industry. [More…]
It is most pertinent to this debate to note the recent re-statement by Mr Justice Kirby - he quoted the late Mr Justice Dixon - in support of his view that the arbitral authorities cannot and will not accept any responsibility for economic management in making their awards and determinations. [More…]
It is well and truly time, as was expounded in the policy speech of the Prime Minister (Mr Whitlam) when he was Leader of the Opposition at the end of last year, for the establishment of some ombudsman-type organisation to act as a link between the people, the Parliament and the bureaucracy to ensure that justice is done to all in the community and not simply to one section of it as, for instance, the Country Party. [More…]
I think that a good example of this was the recent case involving proposed increases in steel prices by Broken Hill Pty Co. Ltd which was heard by Mr Justice Moore. [More…]
In other words, at the time Mr Justice Kerr made his recommendations he was considering the Leader of the Australian Country Party as the Deputy Prime Minister. [More…]
The 1971 proposals, arrived at after the inquiry by Mr Justice Kerr, now Chief Justice of New South Wales, were not implemented. [More…]
In December 1971 Mr Justice Kerr proposed that the salary should be $13,000 and that there should be a further review soon after the next general elections. [More…]
The amount proposed is $4,100 - the amount recommended by Mr Justice Kerr for country electorates. [More…]
Mr Justice Kerr proposed that these amounts should be raised to $13,300 and $9,500. [More…]
Mr Justice Kerr recommended that the Prime Ministerial salary should be raised to $27,000. [More…]
As far as the special allowance for Ministers is concerned, the legislation now before the House basically applies Mr Justice Kerr’s recommendations. [More…]
Mr Justice Kerr, when he examined the situation in December 1971, said that he believed it was necessary for country members to be accorded a greater electorate allowance. [More…]
Another suggestion in the amending legislation relates to the basis on which the payments should be made in accordance with the scale prescribed by Mr Justice Kerr but varied in some instances according to later circumstances. [More…]
There are, in the scale laid down by Mr Justice Kerr, some recommendations applicable to the circumstances in December 1971 which have changed over the course of the 1.8 months since it was laid down. [More…]
When Mr Justice Kerr examined the circumstances of the leader of the third major party in the House of Representatives he spoke of the fact that at the time the salary was not appropriate because a coalition government was in office and the then leader of the party was in fact enjoying the salary of a Deputy Prime Minister. [More…]
But Mr Justice Kerr did recognise the circumstances of difference which apply to the leader of the third major party in this p’ace. [More…]
They believe that justice has not been done in this case. [More…]
Let me go through the present position of the Leader of the third Party - the Leader of the Country Party; the proposals that were made by Mr Justice Kerr: the Bill that was brought in by the previous Government; and the present Bill. [More…]
Mr Justice Kerr recommended that he should have a salary of S4.800 a year and a special allowance of S 1,400 a year. [More…]
The leader of the third party is the only office bearer in the Parliament for whom this Bill makes more generous provision than was recommended by Mr Justice Kerr. [More…]
Mr Justice Kerr recommended that the Deputy Leader of the Opposition should have a salary not of S5.000 but of $7,500, and the leader of the third party should have a salary not of $2,500 but of $4,800. [More…]
Mr Justice Kerr recommended that the salary of the leader of the third party should be a little less than doubled; the Bill provides that it should be doubled; and the amendment is that it should be trebled. [More…]
In no other case has the Government proposed a salary greater than that recommended by Mr Justice Kerr. [More…]
In this case alone we are recommending a salary greater than that recommended by Mr Justice Kerr - admittedly only $200 more - but we believe that the proposition that the Parliament should be asked to grant an increase of $2,700 more than recommended by Mr Justice Kerr is unreasonable. [More…]
Australia has established a system of industrial arbitration for private industry unequalled in the world for achieving wage and industrial justice. [More…]
The only decision that can be made is made by the Minister for Immigration on the advice of many organs of government and we will be proceeding with justice and compassion. [More…]
I hope that there will be a basis on which there can be a safe progression to a direct transmission of the affairs of the nation as conducted in this chamber - not a distorted one, not a slanted one, not one that would be misleading, but one that would be fair and honest both to the nation, which after all will have to put up with it if it is to see Parliament on television, and to this House, where impartiality has always been a byword and where members would like to see fair play and justice in every direction. [More…]
So in my mind one of the main architects in seeing that the Commonwealth public servants never had justice from previous Government was the right honourable member for Higgins who jumped the gun on that occasion and, in my view, forestalled a possibility - maybe it was a possibility that would not have come into effect - that the then Government could have granted it. [More…]
That is not a way to deal with the rights of Commonwealth public servants who seek not a hand out but justice. [More…]
All I hope is that the lead will be taken by employers outside the Commonwealth Public Service and that they will give the same measure of justice to their employees. [More…]
I appointed the committee, which was headed by Mr Justice Fox, with the object, in the first place, of preparing a new evidence code which would be something of model for the rest of Australia. [More…]
Having disposed of the myth that the Labor Party is alone in seeking electoral justice we can turn to and destroy some of the other political myths that the Labor Party is throwing as propaganda in relation to this [More…]
The Minister for Services and Property quotes with reverence Chief Justice Warren of the Supreme Court of the United States in support of his position. [More…]
I agree totally with Chief Justice Warren that as nearly as practicable one man’s vote should be worth as much as another’s. [More…]
Apparently a terrible, undemocratic gerrymander operates in the United States where under the fiat of the Chief Justice of the Supreme Court of the United States there is a tolerance of 15 per cent and slightly above. [More…]
In the case to which I have referred the Chief Justice of the United States spoke about the effects of redistributing and said how impossible it was to be utterly rigid about these matters. [More…]
The Chief Justice said: [More…]
This is justice. [More…]
He was making a plea then for some semblance of justice for growing areas of this nation. [More…]
It is also contrary to electoral justice, as I will make clear in the course of my speech. [More…]
We do so because the present Act has effectively ensured the practical adherence to the principle of one vote one value and in doing so it has produced electoral justice as judged by that criterion. [More…]
The slogan that the Government and the Labor Party is using as a smokescreen on this issue is grossly misleading, it is a cynical attempt to confuse the Australian public by construing the Government as the champion of electoral justice. [More…]
In the interest of electoral justice and responsibility to the Australian community the Bill must be rejected. [More…]
The Minister for Services and Property (Mr Daly) in his second reading speech referred to the desirability of electoral justice and that is a pretty worthy principle. [More…]
I believe in electoral justice. [More…]
In common sense terms this would not offend the basic concept of electoral justice. [More…]
Electoral justice has not, however, always been the guiding principle in State redistributions. [More…]
But, when a Bill such as this comes up under the guise of a so-called mandate from the people and under the guise of seeking electoral justice, it needs to be exposed for the sham that it is. [More…]
If the Government is to proceed with a redistribution, it should do so under the provisions of the present Act or substantially alter its Bill to ensure that it is not seen to be setting up machinery to reflect its own selfish political interests by denying real and sustainable electoral justice. [More…]
Other principles of electoral justice have been fought for. [More…]
I believe they are doing this in the belief that if they mutter slogans like ‘one vote one value’ at the same time as they talk about the 20 per cent margin and draw attention to the fact that the Electoral Commissioners are required to have some regard to problems of area and distance, a sense of injustice will be created in the minds of the public. [More…]
They believe that by referring in emotive terms to constituent parts, such as the 20 per cent margin allowed and other criteria which the Electoral Commissioners are required to take into account in a redistribution, attention will be diverted from the final results which the present system produces, which I say without fear of contradition is electoral justice. [More…]
This objective is the very travesty of electoral justice. [More…]
They are doing this in an attempt to arouse a sense of injustice amongst metropolitan voters. [More…]
They are trying to brainwash us into believing that there is electoral injustice and that this is caused by some sort of preferential treatment which is being given to country voters that in some way reduces the value of the vote of the metropolitan elector and the weight that he has in determining the government of the country. [More…]
I think that I and my colleagues on this side of the House have proved conclusively that this sort of propaganda and these statements are arrant, mischievous, self-interested nonsense and can be based only on a desire to replace a system which produces broad electoral justice with a blatant gerrymander. [More…]
Let members of the Opposition be assured that the real reason behind the Government’s action is to ensure electoral justice for the whole of the electorate of this nation. [More…]
We have led the fight against the established interests in our society to obtain some form of electoral justice. [More…]
We as a Parliament have always taken many of our customs from the Parliament at Westminster and, whilst that institution is referred to as the mother of Parliaments, the stage that it has reached today did not come about without a continuing fight for fair representation and some form of electoral justice. [More…]
This would have enabled those who now cry to high heaven for justice in this place the right to express their point of view, certainly with a limited time of 10 minutes, but when all is said and done not everyone can speak for 20 minutes on every second reading debate. [More…]
But as a matter of immediacy I think we should use all the agencies at our disposal, including the Commonwealth and State Police and the Australian Security Intelligence Organisation, to attempt to identify the offenders among the extremist groups and to bring them to justice. [More…]
So slowly did the mills of justice grind then that now we have to tackle the position that deteriorated under the right honourable gentleman. [More…]
Although the Minister for Services and Property (Mr Daly) has said that this Bil] is a means of bringing about electoral justice I say that it will not do that. [More…]
It denies electoral justice. [More…]
They say: All we are trying to do is to bring about justice. [More…]
During the second reading debate on the Bill several Opposition members suggested that because we wish to amend the Act to introduce a sense of justice into the redistri bution that is about to take place and to take away the heavy weighting in favour of the Country Party that has protected that Party and enabled it to send back to this Parliament members such as the honourable member for Kennedy. [More…]
Rather than criticise our intention to do this, if Country and Liberal Party members opposite had any sense of electoral justice and basic honesty in the redistribution that is about to be carried out, they would be prepared to say: ‘The Labor Party says it can conduct a redistribution on the basis of a 10 per cent variation above or below the quota. [More…]
But there is no cause in a democracy to pervert the course of justice because a government does not give members adequate facilities to represent the people by whom they are sent to this Parliament to state a case. [More…]
The Joint Committee on Constitutional Review in 1959 certainly saw it in this way for it regarded a tolerance for certain electorates of 10 per cent above or below the quota as sufficient to do justice to rural interests. [More…]
The Government’s objectives are clear and blatant and they have nothing to do with electoral justice. [More…]
The honourable member represents a big city electorate but he also believes that we are fighting for justice on behalf of everybody, both in the city and in the country, and should not be trying to set one section of Australia against another, i know that beneath the benign exterior of the Minister for Services and Property (Mr Daly), who introduced this Bill, he too agrees with me. [More…]
This Bill is designed purely and simply to bring more justice to all citizens in electorates throughout the Commonwealth. [More…]
In other words, Australia can, we believe, take action in the International Court of Justice against France because of her atmospheric tests, action which is not available to Australia to take against China in the Court. [More…]
When you were elected to office, Mr Speaker, I spoke briefly and said that I believed you were a man who could carry put the job, that you had displayed an understanding of Parliament during your manyyears here and that provided you dispensed justice without bias and impartially you would have the support of this side of the Parliament. [More…]
There is in this place a very real need to ensure that justice not only be seen and observed but be practised if it is to be seen, observed and practised in the rest of the community. [More…]
It is only by having an opportunity to make statements to rebut the charges of the Prime Minister that we on this side of the House can for all time lay at rest the thought that in any way we were less than diligent in our efforts to ensure that justice was duly exercised and that in any way any one of us would condone violence in our community or subscribe to the allegation that we were puppets of people here or in any other part of the world. [More…]
lt comes in recognition of the special rights and needs of migrants in this country - justice too long denied them. [More…]
But on the other hand I believe that those who claim to support market mechanisms in the interests of justice have a lot to answer for in regard to the present situation. [More…]
If those people will heed and listen to exhortation and do justice as well, we may not need as much regulation as now seems necessary. [More…]
am determined to do all in my power as Minister to keep political terrorists out of Australia and to apply the deportation provisions of the Migration Act to the fullest extent, consistent with our system of justice. [More…]
I give this pledge on behalf of the Government of Australia: I pledge myself to justice - justice to the community, to the individual concerned and to the many thousands of good people who, with faith in us and in our country, have pledged their future with ours. [More…]
It must become a reality in the interests of people who suffer as a result of accidents and who look to this legislation as a means of obtaining justice in this area. [More…]
One looks at the justice of the complete removal of excise from wine while beer drinkers still pay excise of 17c a bottle. [More…]
I think it is time that we had an examination of the justice of these things. [More…]
The honourable member for Bradfield, who raised this matter with all his great forthrightness and justice, now sits as idle and as silent as can be over the greatest gerrymander that, as he knows, has ever been put on in New South Wales. [More…]
Those people who wish to leave Australia for a variety of reasons after making a contribution to this country will receive due justice. [More…]
If that Bill had become law, more than 300,000 unnaturalised migrants who perhaps wished to return to their homelands would have been denied pension justice. [More…]
It is not only out of justice. [More…]
The situation has become so serious in every State except Tasmania - we would remedy the situation in South Australia if we had control of the Upper House - there is gross inequality in electoral justice. [More…]
Then, in a great gesture of acceding to justice and the wishes of this Parliament and the wishes of every State Parliament in this nation, he sentenced this creature to 12 months gaol, to serve a minimum of 2 months. [More…]
France, as well as Australia, has accepted the compulsory jurisdiction of the International Court of Justice. [More…]
I hope that I shall have an opportunity of bringing a private member’s Bill for this purpose before this Parliament in due course but I do not believe that national superannuation should be involved with this simple question of justice - the abolition of the means test. [More…]
In all these studies the Government’s aim will be to create conditions for the achievement of social justice and industrial harmony. [More…]
It is the task of the national Parliament to create labour relations which meet and match the needs of the community and which will anticipate and overcome obstacles to justice and common sense in industrial relations. [More…]
In Czechoslovakia, Poland and Hungary not even the Red Army, which has no national sympathy for the workers of those countries, has been able to prevent great strikes for justice and better living standards, tanks and field guns notwithstanding. [More…]
An example can be found in the remarks of Mr Justice Grose, who in 1796, said: [More…]
‘1 do not say’, commented Mr Justice Blackburn, ‘that the objects of this society are criminal. [More…]
The union executive against which I was taking my action for justice - it was an action for justice because in both cases I won - was able to draw upon the funds of the union, but I was a private individual with no money except my own personal possessions. [More…]
For example, Mr Justice Kerr, before he left the Bench to become Chief Justice of New South Wales, carried out a major inquiry into pay and conditions in the armed services. [More…]
Mr Justice Woodward has succeeded to the task of Mr Justice Kerr in this field. [More…]
Mr Justice Nimmo is now acting as Chief Justice of the Supreme Court of Fiji and is not likely to return to the Australian Industrial Bench for at least 4 years, if at all, and Mr Justice Eggleston is engaged on duties connected with the administration of the Trade Practices Act. [More…]
Justice delayed is justice denied. [More…]
The President’s view is supported by the Acting President, Mr Justice Moore. [More…]
The Government has accepted their views and the Bill provides that new presidential members who are eligible for judicial appointment will be granted the title ‘Justice’. [More…]
The Government reaffirms its strong support for the ILO and its wide-ranging activities concerned with the promotion of social justice throughout the world. [More…]
Finally it has stressed the relationship between social justice and peace - ‘universal and lasting peace can be established only if it is based upon social justice’. [More…]
Finally, honourable members will recall the comprehensive report by the Expert Group on Road Safety headed by Mr Justice Meares tabled in this House late last year. [More…]
I would like to point out that he uses these words as a criticism of the employees, although the wages and conditions were granted to the employees by Mr Justice Moore, a gentleman who I am sure has the respect not only of this House but also of those engaged in industrial activities. [More…]
Court of Justice with a view to restraining France from continuing the testing of nuclear weapons in the atmosphere of the Pacific. [More…]
Surely this is the distinguishing characteristic of the servile state where the processes of law and justice are conducted in secret without any regard to security matters in the strict sense. [More…]
He should ensure that fair play and justice prevail. [More…]
An Act which does justice to many but not all tends to obscure the fact that many never receive justice at all. [More…]
There appears to have been, in some governments since 1949, a ready willingness to aim at the happiness of the greatest number, and to permit the perpetuation of injustice to many, not as a temporary expedient to be remembered, but as an end. [More…]
It is regrettable that the people in this category have been denied justice for many years, particularly so as they do not qualify for housing accommodation under any of the public housing schemes of the States, and they experience great difficulty in obtaining housing loans from institutional lenders because of their age, and because of their sex. [More…]
This Bill not only gives belated justice to the women in this category, but also gives justice to those members of welfare organisations who served overseas. [More…]
We are advised that some persons in this category met their deaths on service, and others became prisoners of war and it is fit and proper that there should be an extension of benefits to give justice to these people and their dependants. [More…]
The provisions in this Bill will not only enable the scheme to continue making an important contribution to the national welfare by assisting eligible persons and their families in all parts of the Commonwealth to obtain homes but will also bring the privilege of these benefits and restore justice to many who were previously deprived. [More…]
An interim injunction was granted by Mr Justice Gibbs for one week on the day the action was taken. [More…]
People did in fact seek an injunction that afternoon and the Commonwealth Government intervened before Mr Justice Meares, who I think behaved terribly on that day. [More…]
I think it was a wrong decision and it showed quite clearly that there are justices of the courts in New South Wales who do not take seriously the proposition that people should not be held unlawfully in gaol. [More…]
1 indicated my belief that responsibility in this field should be assumed by Papua New Guinea at an early date, and the Chief Minister agreed to refer the question of the appointment of a Minister for Justice to his Government after fully consulting the Constitutional Planning Committee and the Leader of the Opposition. [More…]
We could look at the trials and tribulations of a journalist named Peter Niesewand who is still under detention even though - thank God for British justice, we might say - the court of appeal in that regime found him innocent. [More…]
lt has been said that the Communist Chinese are not really parties to the Nuclear NonProliferation Treaty and they cannot be brought before the International Court of Justice, which they have not acknowledged. [More…]
The Minister’s second reading speech is totally devoid of the philosophical considerations which the Australian people have the right to expect from a Government which lays a major claim to the principles of social justice and equality. [More…]
lt has been part of that scheme to achieve justice and equity in a relationship which tends to be one of the dominant factors of life. [More…]
That is basically what industrial arbitration is about - the fixing of wages and basic conditions of employment like annual leave, standard hours of work, concepts like the basic wage, margins, work value, comparative wage justice and conciliation, all principles turned to by unions, employers and arbitrators. [More…]
The Bill seeks greater social justice and harmony in our industrial relations and it will go a long way towards achieving those aims. [More…]
Over a period of years the Liberal Party-Country Party Governments relied on industrial laws which were directed against workers and industry to deprive workers of justice in the areas of wages and conditions. [More…]
I can recall no occasion during my lifetime when a member of a government has asked a foreign firm to fight workers of this country in an endeavour to deprive them of industrial justice in respect of conditions of employment. [More…]
In 1904 Mr Justice Higgins, of the then just formed Conciliation and Arbitration Commission, said of that Commission - or Court as it was then called - that it would end the law of the jungle and bring back order and reason into industrial affairs. [More…]
The Acting President of the Commission, His Honour Mr Justice Moore and Deputy Presidents, His Honour Mr Justice Aird and His Honour Mr Justice Ludeke, in recent weeks, months and years have been practising this art of conciliating and subsequently arbitrating. [More…]
I should like to remind honourable gentlemen opposite that last year we had the waterside workers agreement which was heard before a lawyer, Mr Justice Moore. [More…]
But outside a totalitarian dictatorship no government can suppress concerted stoppages of work and no democratic government should want to stop concerted stoppages of work by people who can no longer bear the burden of wage injustice. [More…]
Mr Justice Higgins in 191 1 put the position succinctly when he said: [More…]
That is a statement by the late Mr Justice Higgins who was very properly quoted yesterday with approbation by a speaker on the Opposition side of the chamber. [More…]
It is a means, at great sacrific to his pay packet and to the proper support of his family, to achieve social and industrial justice. [More…]
I strongly believe in the philosophy which the honourable gentleman has stated to the Committee relating to the views of the late Mr Justice Holmes. [More…]
We know that under current circumstances and in contemporary life there has to be one or perhaps two organisations or institutions which can ensure that there is justice and equity for all. [More…]
He made a supposition that all strikes were just strikes in support of wage or working conditions justice. [More…]
Mr Justice Grose., in the famous case of the Crown v. Mawbey, said: [More…]
Under the present circumstances we do not dissent from the Government’s action in taking this matter to the International Court of Justice. [More…]
That Australia welcomes all migrants as candidates for citizenship under common and uniform conditions for all countries will, I know, appeal to an inbuilt British sense of justice. [More…]
Its fundamental base is justice - civil, legal and distributive. [More…]
In justice, those people who live here surely have the right to lay down the conditions. [More…]
The only alternative would be strike action if wage justice was to be achieved. [More…]
Recent rulings in Australian courts, such as the ruling given by Mr Justice Menhennitt and the ruling by His Honour Judge Levine, make it clear that when an abortion is performed by a qualified medical practitioner and the doctor claims that the operation was performed in the interests of the patient, conviction is very unlikely. [More…]
In my opinion, but perhaps not in the opinion of others, it raises matters of law, of health, of responsibility, of social justice, of ethics, of morals and of personal and community standards and values. [More…]
That all words after ‘That’ be omitted with a view to inserting the following words in place thereof: this House is of opinion that a royal commission, of which the Chairman shall be a Supreme Court Justice and a majority of members shall be women, should enquire into and report within 12 months upon: [More…]
The acceleration in the development of fertility control services in Britain since 1967, the appointment of Mrs Justice Lane’s committee of inquiry - and I emphasise the word Mrs’ - into the operation of the Abortion Act, the quality of evidence presented so far to the Lane Committee and the public backing for the Committee’s work all support the view that nations such as our own will rise to the challenge of fertility control if the abortion problem is brought home vividly enough to them. [More…]
The chairman is to be a Supreme Court justice. [More…]
Now there is to be a report by a Mrs Justice Lane of the English High Court - from the old probate, divorce and admiralty division of the High Court. [More…]
What is the purpose of our duplicating an inquiry which has been in operation for 2 years - an inquiry, as the honourable member for Casey said, presided over by Mrs Justice Lane? [More…]
If an inquiry is needed let us wait until Mrs Justice Lane brings down her report. [More…]
Under the ruling of Mr Justice Menhennit, abortion can be legally carried out by a qualified medical practitioner if the life or mental or physical health of the mother are in danger. [More…]
Where before in Australian constitutional history could a government rely on a pronouncement by the Chief Justice on issues vital to proposed legislation? [More…]
Where before has there been the backing of one of his brother justices, who fully agreed with bis sentiments? [More…]
This is what the Chief Justice of Australia then said, in part: [More…]
If anyone wishes to take the matter further, there are the views expressed by no less than the former President of the International Court of Justice, Sir Percy Spender. [More…]
The Australian National University has been very prominent in the field through Professor Whitmore, as has Mr Justice Kerr of the Supreme Court of New South Wales. [More…]
In accord with the Government, the Opposition strongly supports the role of the International Labour Organisation in seeking to provide economic and social responsibility, to improve labour conditions and living standards and to secure social justice throughout the world. [More…]
Although we must be concerned with social justice in this context, we must recognise also that trade union movements have become more concerned with immediate industrial objectives. [More…]
Commonwealth Public Service pensioners have waited a long time for this type of measure and this type of justice. [More…]
That is all it is - justice. [More…]
This Bill is certainly a big step forward in providing justice to all former contributors to the Commonwealth Superannuation Fund who have suffered injustices in the past because of the erosion of the value of their pension. [More…]
What is being done in this Bill is justice. [More…]
It is no more than justice and I support it. [More…]
Let me remind him that the cost pf justice is never cheap and if we are concerned about justice, then we are concerned about meeting the cost, whatever it is. [More…]
This in itself gives a great feeling of security and indeed is a strong measure of justice. [More…]
I hope that in that endeavour we will have the co-operation that has been indicative tonight in regard to this measure which at least does justice for some. [More…]
We want to do justice for all. [More…]
Australia has claimed in the proceedings which have been brought against France in the International Court of Justice that the conducting by France of atmospheric nuclear tests in the Pacific is contrary to international law. [More…]
Does he consider that these parents who are unable to have their children accommodated or who feel it is their duty to care personally for their children are being penalised financially at present and that the extension of the domiciliary care benefit would provide some justice to them? [More…]
It made a request to Mr Justice Moore for an increase of 7 per cent in steel prices, which it felt it needed. [More…]
This open season for collective bargaining is a guarantee of excessive wage increases because in this country the principle of comparative wage justice is perhaps more strongly entrenched than in any other country. [More…]
We do not expect our proposed tribunal to be exempt from criticism, any more than the arbitration system has been, but we rely on the essential reasonableness of Australians which has supported what the great Mr Justice Higgins called ‘a new province for law and order’ to support the effective operation of the Tribunal. [More…]
A steel price rise, to take the example suggested by Mr Justice Moore’s investigation, will have repercussions throughout the economy. [More…]
by leave - I wish to inform the House that Mr Justice Hope of the Court of Appeal Division of the Supreme Court of New South Wales has agreed to act as chairman of the Government’s proposed task force on the national estate. [More…]
In Mr Justice Hope we shall have a chairman of great capacity and experience and with a sympathetic understanding of the problems the task force will face. [More…]
I take this opportunity publicly to thank the Premier of New South Wales, his AttorneyGeneral and the Chief Justice of New South Wales for agreeing so readily to make available to the Australian Government the services of yet another distinguished member of the New South Wales Bench. [More…]
I remind the House that there are now no fewer than 5 Supreme Court Justices assisting this Government in various important inquiries. [More…]
Mr Justice Asprey is inquiring into taxation matters; Mr Justice Toose is examining the repatriation system; Mr Justice Else-Mitchell is looking into the system of land tenure in the Australian Capital Territory and the Northern Territory; Mr Justice Meares, as I informed the House in a ministerial statement 2 months ago, is sitting with Mr Justice Woodhouse on the national pension inquiry; and finally, as I have menttioned, Mr Justice Hope will be assisting the Government with this inquiry. [More…]
We have a great history of reasonable wage justice, and establishment of fair wage differentials, If the Government and Prices Justification Tribunal were prepared to act in the way I have proposed, it would not result in a perfect incomes prices policy, but it would at least be a start. [More…]
The attitude of the Broken Hill Pty Co. Ltd in putting its case before Mr Justice Moore’s tribunal showed that the good will certainly exists in some quarters and I believe that the business community of this nation will show more of the attitude of being good Australians and joining with the Government in doing something about this pricescostswages nexus than has been displayed today and yesterday by Opposition members. [More…]
If they fail to convince the company or the employing authority of the justification of their claims, they do not gain an increase, unless in turn they are able to establish the justice of their claims to the arbitral tribunal concerned. [More…]
I understand that constant reference is made to the fact that in the case of Bonser v. La Macchia the Chief Justice and Mr Justice Windeyer expressed the opinion obiter that the Commonwealth had sovereignty from low water mark. [More…]
Again and again people fail to refer to the fact that other justices expressed a somewhat different view. [More…]
For example, Mr Justice Kitto took a different view. [More…]
Sir Percy Spender, who was a Minister and a member of this Parliament for a long time and also a Justice of the International Court of Justice, said in 1969 that the Australian Constitution gave the Commonwealth sovereignty over the off-shore of Australia and that the Commonwealth Parliament ought to be able to legislate in relation to the areas. [More…]
On that occasion Mr Justice Barwick, the Chief Justice of Australia, said: [More…]
But a few years ago, the International Court of Justice in the great North Sea Continental Shelf case held that the median line was not a customary rule of international law. [More…]
We have the ridiculous attitude that was adopted by the last Queensland Minister for Justice, Dr Delamothe when this issue was first discussed in the Federal Parliament. [More…]
The Minister in his second reading speech places his reliance for Commonwealth authority on an obiter dicta made by the Chief Justice in the case of Bonser v. La Macchia - a case in which jurisdiction was not argued and in which the Commonwealth and State AttorneysGeneral specifically asked that no decision on Commonwealth-State sovereignty be made. [More…]
I would like to quote the remarks of a legal authority who, while he may be no more eminent than the Chief Justice, is cer- tainly no less so. [More…]
It has been said that the Chief Justice of the High Court, Sir Garfield Barwick - I have read the remarks he made in the court case concerned- has declared that the State responsibility and authority ends at the low water mark. [More…]
I firmly uphold the view that this legislation is not concerned with accuracy and justice and State rights but is a thrust of pragmatic political professionalism in action. [More…]
But insofar as we consider the political questions and not the legal questions it seems to be just elementary justice that all Australians should share equally in all these benefits. [More…]
My attention has been drawn to a report of the speeches made by the Governor-General and the Chief Justice of Australia. [More…]
The Parliament will be glad, of course, to recall that my Government recently appointed Justice Evatt, a most outstanding woman in the. [More…]
We were able to appoint Justice Evatt to the position because she had better qualifications in our view than anybody else offering, men or women. [More…]
Therefore the amendments already before this Committee - those proposed by the honourable member for Gippsland - are the first step in the direction of correcting a very serious imbalance, in fact, a denial of real justice in this matter, and the other foreshadowed amendments that would follow would, of course, serve the purpose, of correcting this very iniquitous legislation. [More…]
Of course we propose to go further and there will be a cognate Bill relating to representation in the Senate, which, together with the Bill before the House, will give a measure of justice to the Australian Capital Territory at this stage of its development. [More…]
Justice delayed is of course justice denied and yet it was in the Senate that action was taken by this Parliament which so profoundly affected the Territories. [More…]
The adaption of procedures and privileges of Parliaments and their committees to contemporary standards of efficiency and justice. [More…]
The prosecuting role is primarily a matter for lawyers who have a more apparent independent role in the administration of justice. [More…]
That the Parliament of the State of Tasmania records its support for moves by the Federal Government to prevent the planned nuclear tests by the French Government in the South Pacific area and to refer this important matter to the International Court of Justice at The Hague. [More…]
It was Professor O’Connell’s advice, I believe, which was responsible for Australia, New Zealand and Fiji relying on the 1928 General Act for the pacific settlement of international disputes, in bringing their dispute in this matter to the International Court of Justice. [More…]
This Bill proposes amendments to the appeals provisions of the income tax law to transfer to the State Supreme Courts the jurisdiction of single justices of the High Court in income tax appeals. [More…]
There is a pressing need to relieve the High Court, so far as possible, of the single justice work. [More…]
By far the greater volume of work presented in the single justice jurisdiction of the High Court consists of income tax appeals, either appeals brought directly from a Commissioner’s decision or from a decision of a board of review. [More…]
Principally, these will permit the High Court to remit to a Supreme Court any of the single justice income tax matters which have come to it under the present law. [More…]
However, the Australian Government also recognises the justice of the case for assistance to local government. [More…]
On the other hand, the present Government strongly criticised the Opposition for its failure to provide the tenth member for Western Australia at the last election, thus denying electoral justice to the people of that State. [More…]
Mr Justice Else-Mitchell said that a conference of State Ministers for Local Government in 1971 had expressed the following beliefs: [More…]
This should not be offensive to local government bodies because many of them are already grouped in a variety of ways, for a variety of functions - for example, regional libraries, social security, administration of justice, refuse disposal and so on. [More…]
They lambast us with International Labour Organisation principles and average wages; but where are they when it comes to dispensing justice to a section of the community which is subject to tremendous pressure from economy, science, philosophy and now a Government which is not concerned with its plight? [More…]
The Government believes that there is a responsibility on it to protest in a vigorous way and for that purpose it has instituted proceedings before the International Court of Justice. [More…]
The current position was put clearly by Mr Justice Else-Mitchell of the New South Wales Land and Valuation Court when he stressed that there are too many local authorities with areas and responsibilities resulting from historical accident rather than conscious planning or economic appropriations. [More…]
I received Mr Justice Campbell’s report of the inquiry into academic salaries on 16 May 1973. [More…]
This makes its professions of concern for social justice ring somewhat hollow. [More…]
In the name of justice for decent, average Australians,a solution must be found. [More…]
We are concerned with justice. [More…]
This was said in a case before the International Court of Justice. [More…]
Surely there is justice in making allowance for the problems that maternity brings to this section of the community. [More…]
1 invite the Minister to follow the High Court’s decision through on this matter, ranging from Buchanan’s case to the case of Spratt v. Hermes in which the present Chief Justice dealt with section 122. [More…]
Sir Garfield Barwick, the Chief Justice, said: [More…]
The Law Reform Commission of the Australian Capital Territory consists of Mr Justice Blackburn of the Australian Capital Territory Supreme Court as Chairman; Professor Atiyah, Dean of the Faculty of Law in the School of General Studies at the Australian National University; and Mr N. M. Macphillamy, a Canberra solicitor. [More…]
I hope that the Government will wait with the Commonwealth employees compensation scheme until we see the result of the report by Mr Justice Woodward who is looking at this area. [More…]
In these days of the computer, of actuarial schemes readily worked out, a scheme could be devised based on justice and equity for these people. [More…]
I hope that the Minister will take notice of this and see that justice is done in this very important field. [More…]
We want competent men; men who understand and men who appreciate the great difficulties while retaining a sense of justice. [More…]
The Government thinks that the matter is important enough to send our Attorney-General (Senator Murphy) overseas to stir up the International Court of Justice, but there has not been a word mentioned in this House. [More…]
As I pointed out earlier, it is difficult not to become angry in these matters when personally affected but when one thinks of the people who are similarly caught, who perhaps do not have the resources to finance the achievement of justice in this type of problem it could well lead to the loss of vehicle through inability to meet both repair costs and repayments. [More…]
In 1941 the Court of Appeal, consisting of Lord Justice Greene, Lord Justice Clauson and Lord Justice Du Parcq, made the comments that I shall quote. [More…]
I refer to the amendment to insert the words ‘a warrant from a justice of the peace’ etc. [More…]
3, omit the words ‘a Magistrate’s warrant for the purpose’, insert the words ‘a warrant from a Justice of the Peace authorizing him to enter upon the land, being a warrant granted after the Justice has been satisfied, by information on oath, that it is impracticable so to notify the occupier of the land within a reasonable time’. [More…]
The amendment is designed to facilitate the Senate’s amendment and to allow a reasonable application to be made on oath and by information to a justice of the peace and the necessary warrant for entry to be sworn and taken out. [More…]
A statement was left in the platform about making ANZUS an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
We do not know whether the royal commission under the chairmanship of Mr Justice Else-Mitchell has been asked to investigate the proposal. [More…]
I am appealing for justice for the people of the Northern Territory. [More…]
Arthur Calwell was a man who believed that the sort of Australia to which we should aspire should be a prosperous Australia based on principles of justice and equality- a society in which people are not divided by social barriers or by extremes of wealth and poverty. [More…]
The Australian Institute of Marine and Power Engineers was due to appear before Mr Justice Sweeney this afternoon at 3 o’clock. [More…]
I do not regard the proposals as being incentives or bribes, as they have been described, so much as a measure of compensation and justice. [More…]
Furthermore, the general needs of our native people- in particular, the Aboriginal child- have, I believe, at long last made their claims upon the consciousness and sense of justice of all progressive Australians. [More…]
Similar provision will be included in the Defence (Discipline and Justice) Bill. [More…]
Having in mind the remarkable sense of justice of the Leader of the House (Mr Daly) I am surprised that I am even accorded time to second this motion. [More…]
The last word on the Treaty will rest, not with our courts, not even with the House of Lords, but with the Court of Justice at Luxembourg. [More…]
Wales Department of Justice last week publicly criticised the Divorce Law Reform Association in Australia which has been exposing weaknesses in our divorce laws and certain exploitation of humble citizens by legal eagles? [More…]
Some Ministers are working with their staff in office accommodation which would not do justice to a fifth grade estate agent. [More…]
The Government has accepted the salary increases for academic staff at universities and colleges of advanced education recommended by Mr Justice Campbell in a report tabled in May 1973. [More…]
It is also superfluous because the present Commonwealth Electoral Act has effectively ensured practical adherence to the principle of one vote one value, and in so doing has produced electoral justice as judged by that criterion. [More…]
By continually repeating the slogan ‘one vote, one value’ the Labor Party is attempting to confuse the public and to portray itself falsely in the role of a champion of electoral justice. [More…]
In the United States, the landmark cases which were recently before Chief Justice Warren, as in Wesberry v. Sanders in 1964, defined the meaning of ‘as nearly as practicable’ as a percentage of the order of 15 per cent variation from the quota. [More…]
The Opposition parties believe that this is a bad Bill which does not deserve to be passed through the national Parliament, which is unfair, which is contrary to any sense of equity in the cause of electoral justice and which is unworkable. [More…]
Soon after the Constitution was adopted, James Wilson of Pennsylvania, by then an Associate Justice of this Court, gave a series of lectures at Philadelphia in which, drawing on his experience as oneof the most active members of the Constitutional Convention, he said: [More…]
I say to my honourable friend that justice will be done. [More…]
We will do is because we believe that there is no reason to change the present Act and because we believe that the Labor Party’s approach to this matter represents a denial of electoral justice. [More…]
Has Mr Giese been given the opportunity to rebut any insinuations against him in accordance with the requirements of natural justice. [More…]
Any major changes must be related to other rehabilitation measures and accordingly must await the outcome of investigations that are now being undertaken by the National Rehabilitation and Compensation Scheme Committee of Inquiry under the chairmanship of Mr Justice Woodhouse. [More…]
A government which imposes this most regressive economic burden cannot lay a major claim to the principles of social justice and human dignity. [More…]
This is a 2-nations Budget framed as though there are 2 standards of social justice and social equity in this country - one for those who live in the metropolitan cities and one for the one-third of all Australians who live outside the metropolitan cities. [More…]
If it is grant money, why does the Government have 2 standards of justice - one for the industrial suburbs of Melbourne and Sydney and another one for Albury-Wodonga and other complexes? [More…]
If rentals for telephones in country cities and farms are to be increased, as they have been dramatically, surely justice requires that an extension of the local call charge area should be made because the people in the metropolitan areas can do all their business - I am referring here to the average businessman - at a local call rate. [More…]
They believe in electoral justice. [More…]
Of course he believes in that for the simple reason that he does not believe in electoral justice. [More…]
I was concerned about certain repressive and regressive provisions of the Ordinance which the Minister has now indicated that he is prepared to rectify for the sake of human justice. [More…]
He has endeavoured to hold a line in justice to and in the interests of the education of children attending these schools. [More…]
This is a Budget of reconstruction and of social justice and one which is designed to increase the efficiency of our mixed economy. [More…]
In my opinion, the emphasis has to be on the income, not on the product, to provide justice. [More…]
A justice of the High Court could be removed from office only if there was an address from both Houses of Parliament in the same session praying for his removal, and the grounds for his removal were limited to proved misbehaviour’ or incapacity. [More…]
Therefore the tenure of a High Court justice is not dependent on the Crown in any case including misbehaviour except when the Crown acts on an address from both Houses of the Parliament; and furthermore it is not open to the Parliament to present an address for the removal of a justice on any other grounds than for proved misbehaviour or incapacity, and that is under section 72 (ii.) [More…]
It should be noted that, in the context of life tenure operating to guarantee integrity in justices, State Supreme Court justices all hold tenure for a term of years. [More…]
Justices of the Supreme Court of each State except Victoria are all compulsorily retired at 70 years of age. [More…]
We have a number of young justices. [More…]
Mr Justice Mason is 48 and Mr Justice Stephen is aged 50. [More…]
Continuing up the ladder we find a most respected gentleman, Mr Justice McTiernan, who was born on 16 February 1892. [More…]
I do not believe that we can rightly attribute to any of our judges, except the Chief Justice, any godly gift of acumen in relation to political interpretations. [More…]
I cite the example that in 1937 Mr Justice Evatt, who later became Leader of the Opposition, delivered the sole dissenting judgment in the case of Cowell v. Rosehill Racecourse Co. Ltd and 10 years later the House of Lords, in the case of the Wintergarden Theatre v. Millennium Productions Ltd, adopted the Evatt rule of law. [More…]
Unlike previous governments, the proximity of elections will not be a deciding factor in the rate at which pensions are increased; rather it will be our commitment to achieve social and economic justice for pensioners to establish pension payments at an adequate level and as a right, and to maintain these principles consistently. [More…]
It is to be hoped that the program can be accelerated so as to eliminate the possibility that the few remaining people who campaigned so vigorously do not pass from this world before seeing the fruits of their efforts to bring the social conscience of Australia to bear on the need for all aged people to receive social justice. [More…]
My question, which I address to the Prime Minister, concerns the judgment given by the International Court of Justice relating to this country’s application for an injunction to restrain France from nuclear testing. [More…]
Does the honourable gentleman agree that his release of what appeared to be the details of the judgment in advance of the actual release by the Court has put the Chief Justice of the High Court of Australia, who sat on the International [More…]
One television commentator even said that there could be no doubt that I had got information from Australia’s representative on the Court, as he described him - the Chief Justice of Australia. [More…]
I had not received any information from the Chief Justice directly or indirectly as to the result of the voting by the Court. [More…]
In fact, I had had no communication with the Chief Justice between the time that I asked him whether he would accept nomination as judge ad hoc and some days after the publication of the Court’s judgment when he wrote to me personally. [More…]
I might add that the television station has apologised to the Chief Justice for this newscast. [More…]
Does the Prime Minister recall his criticism in 1955 of the High Court and his statement that he regarded the resignations in 1950 of Mr Justice Rich and Mr Justice Stark ‘as flagrant examples of where resignations were withheld until there was a change of government’? [More…]
Previously a Justice of the Peace was required, and this often created difficulties in more remote areas. [More…]
Recognising this, to save Australia from further embarrassment as a nation which has discriminatory citizenship, and to bring some justice to migrants, to rescue the Bill from a Senate pigeon-hole - now a deep well for all sorts of things which have been irresponsibly rejected - this Government reluctantly accepts the Senate amendment and 1 commend the motion that I have moved. [More…]
There will be no justice in a system that can restrict increases in wages via the Arbitration Commission and places no restriction on profits. [More…]
As a newcomer to this place I have found it quite strange to watch the antics of honourable members opposite, particularly members of the Australian Country Party who protesteth most strongly at a rearrangement of financial priorities which will bring social and economic justice to millions of Australians. [More…]
The Budget is a blueprint for real growth, equity and justice for the people of Australia. [More…]
The Treasurer has displayed a measure of courage and determination to achieve social justice as well as fiscal responsibility. [More…]
It is derived from a crude desire for revenge which is made doubly abhorrent by the fact that should justice go astray and a mistake be made it can never be corrected. [More…]
Faced with legitimate criticism of some of the consequences of the 1967 Abortion Act, the British Government has responded not by repealing or amending that Act but by setting up a committee of inquiry under Mrs Justice Lane to report upon those aspects of administration over which abuses have arisen and by upgrading family planning services in order to reduce the incidence of unplanned pregnancies. [More…]
I was disturbed and finally disillusioned when I became aware of the true status of the evidence submitted to Mrs Justice Lane’s committee of inquiry into the Abortion Act ‘by people described in newspaper reports as Drs Arthur and Margaret Wynn, circulated to honourable members by the Right of Life Association and quoted again by the Association in yesterday’s letter. [More…]
In one sense deterrence is a complete negation of justice and individual rights. [More…]
Our present system of justice contains ample means to protect society from insane or repetitive murders - recidivists - without bringing down on ourselves the public shame of killing them. [More…]
We know that for many years attempts have been made to bring forward a common code of criminal justice for the armed forces in Australia. [More…]
If we are going to put our administration of justice into play at that stage, we would find it much easier to be objective if we had a penalty which could be imposed through the courts, which was not barbaric and which did not cause a sense of outrage. [More…]
This Bill is a positive move towards equality and social justice. [More…]
We can easily afford justice to our elderly, our sick, our unemployed and others who have earned and deserve our assistance. [More…]
So there was no justice. [More…]
It had adequate opportunity to establish the rate of pension payments related to a fixed formula which guaranteed that pension rates would move forward regularly according to cost of living movements so that social and economic justice would be maintained for the most deprived and dependent group in our society. [More…]
Are the tribunals not established to employ reason and justice in their findings? [More…]
There is a basic justice - equity - in all Australians whether in the coastal cities, the larger inland cities, the smaller country centres or on the farms, paying similar prices for the same products. [More…]
But again, I suggest that that is to allow strictly doctrinaire economic thinking to run away and override considerations of justice and equity. [More…]
They could not go against the views of Sir Percy Spender, a former member of the International Court of Justice and a former Minister of this House, that the States never had sovereignty over the offshore waters to the 3-mile limit either as colonies or as States. [More…]
But I thought that, having displayed that erudition, he should at least have been aware for example of how the influence of the American Constitution upon Australian constitutional law was put to rest by Mr Menzies, as he then was, in the Engineers case in the early 1920s, when the decision of the United States Supreme Court in McCulloch v. Maryland - a decision delivered by one of the most famous chief justices of the United States Court, Chief Justice Marshall - was clearly decided by the High Court of Australia to have no relevance to the interpretation of the Australian Constitution. [More…]
The North Sea continental shelf case decided by the International Court of Justice laid it down that the median line, that is, the centre line, is not a customary rule of international law. [More…]
He is the man responsible for the great inconvenience caused to many people, a man completely devoid of charity and justice, a man who obviously bows and kowtows to Mao. [More…]
What the Committee says is that there should be justice and equity in this question. [More…]
Those who profess to be the great champions of justice and ample speaking time are the ones who in recent days have done things like preventing the people of Australia from expressing their point of view in a referendum. [More…]
One thing that Mr Justice Higgins, as he became, asserted quite clearly on behalf of the union movement was that if there is a right to strike certainly it is a right to strike over a safety issue. [More…]
This seems to me to be prejudicing justice in our country. [More…]
The reports of the task forces indicate that there is a great need to upgrade the standard of interpreter services, to provide for proper training and above all to seek co-operation now in all spheres between the Australian Government and the State governments, particularly in the fields of health and justice, and this I will do. [More…]
We need to ensure that health services are properly provided and that justice is done. [More…]
I am not satisfied at all that justice is being done at the present time or that it has been done in the past. [More…]
The Western concept of abstract justice and punishment for offences is not uniformly accepted in conceptual terms - and why should it be? [More…]
I think the same sorts of stresses and changes have occurred with respect to the administration of justice, as I said before. [More…]
What Mr Justice Blackburn held to be true of their land-holding and religion - that they governed themselves by veritable systems of law cognisable as such by our courts - is incontestably true also of their institutions of marriage. [More…]
I present a report on the restructuring of the criminal justice system in the Northern Territory. [More…]
It describes and suggests reforms in the criminal justice and prisons systems of the Northern Territory. [More…]
I have no quarrel with the provisions contained in this Bill, which is to facilitate the transfer of State officers to the Australian Public Service, because I believe that an officer is entitled in all fairness and justice to have his rights and privileges protected. [More…]
It is obviously based not on justice or philosophy but on the cheap political trick of gaining votes in the large areas of population. [More…]
In the 1959 report of the Joint Committee on Constitutional Review, paragraph 765 quotes a statement by Sir John Latham, a former Chief Justice of the High Court. [More…]
The golden thread that runs through the fabric that binds these people together in Christian charity and justice is concern when delivering meals. [More…]
Many matters which are referred to a member would more properly be referred to an ombudsman, and I hope that in due course the authorities will have another good look at the report of the Commonwealth Administrative Review Committee which sat last year under the chairmanship of Mr Justice Kerr. [More…]
We then received justice for a fortnight - a whole fortnight - and then suddenly the time allowed for questions started to drift back again. [More…]
I have noticed this day by day because I am a man with some sense of justice and I have always felt that if I criticised the Opposition when it was in Government, I would have to take up the matter within my own Party if we were being deprived of an adequate time for questions. [More…]
This measure surely has justice on its side. [More…]
House were deliberately intended to hoodwink the people of New South Wales and of Australia into believing that he in no way intervened in restricting the availability of power supplies to the people of New South Wales, lt is therefore essential that, this document be tabled in order that the Parliament may consider the circumstances of the denial of natural justice- [More…]
The strike is partly over hours, but it was stimulated by this Government’s statements concerning a 35-hour week for the Commonwealth Public Service, although I cannot understand what justice there is in saying, as the Minister for Labour (Mr Clyde Cameron) says: ‘You can have a 35-hour week if you are in a capitalintensive industry, but you must have a 40-hour week in a labour-intensive industry’. [More…]
They cannot do anything about it ‘because we have a government that will remedy the state of affairs that they created and bring real justice, equality and social and economic security to the people of this country. [More…]
His description of the criminal justice system of the Northern Territory should be made widely known. [More…]
In the entire criminal justice system in the Northern Territory the Aboriginal has only one role- he is the prisoner. [More…]
It is the practice in Queensland for the Minister for Justice to table each year a list of counsel who have been retained by the Crown and the amount of fees which have been paid to them. [More…]
I should, I suppose, to do him justice, have gone through Hansard and checked on the number of questions that he has answered. [More…]
Mr Justice Adams, and had such experienced and knowledgeable men on it as Mr Haynes Leader, the Reverend Paul Albrecht, who is head of the Lutheran Church in the Northern Territory and who was born and bred in the Northern Territory and has vast experience with Aborigines and the alcohol situation, and Mr Claude Narjic, a full-blooded Aborigine from Port Keats. [More…]
It showed that there was consternation about the justice situation, the drinking problem and so on. [More…]
I think that the honourable member for the Australian Capital Territory, the previous Minister for the Northern Territory, did great injustice to the Legislative Council, to the previous Government and to the people who actually put the report together. [More…]
It is well known that the Attorney-General achieved legal history when he went to The Hague and appeared as the principal advocate before the International Court of Justice seeking, and obtaining, an interim injunction against France in respect of the nuclear tests that were then being conducted in the Pacific. [More…]
It would be a tragedy for the economic development of this country and for social justice for the people who live outside the capital cities if, when this new Agreement comes into force late next year, the percentage of the allocation for country roads is not at least as high as it is now and also if the inflation factor is not considerably higher than it is now. [More…]
Otherwise, I would not have spent hours seeking justice for him. [More…]
While I am speaking on this point I might mention the report on the reconstruction of the criminal justice system in the Northern Territory produced by the Minister for the Northern Territory. [More…]
On his saying that he pleaded not guilty the presiding justice of the peace said: ‘What? [More…]
So, on some occasions in court hearings in small centres the possibility of a miscarriage of justice is eliminated by the fact that the Bench and all other persons in court are quite well aware of what in fact happened. [More…]
But anyone who has made any study of the concepts of criminal justice in the United States could not be but appalled at the maze into which the Supreme Court of the United States has brought the administration of criminal justice by interpretations of various sections of the United States Constitution. [More…]
There must be a balance between the desire of the community to have criminals convicted and the desire of the community to see that justice is done. [More…]
In Australia, we have been lucky that we have had no major scandals which have disproved the fact that justice not only is done but also is seen to be done. [More…]
I do nothing else at this present moment than simply appeal to the House’s sense of fair play and to the Government’s respect for the procedures and justice in this House, if it has any respect for these things, to allow the House to suspend Standing Orders so that I might have just 5 minutes - I ask no more - to reply to the aspersions cast by the Minister and to expose the falsity of some of the things he said. [More…]
It has often been thought by citizens who feel aggrieved by allegations, false or otherwise, or by alleged intimidation and sometimes corruption by policemen, that as the resulting investigation takes place within the force itself the appearance of justice does not emerge. [More…]
The previous Government’s policy was a sound one, based on the principle of moral and distributive justice. [More…]
There is one criticism I would like to make and that is that, in charity and not basic justice, extra aid should have been given to the many disadvantaged schools and disadvantaged students. [More…]
I quite readily admit that the previous Government failed in that regard, but I want to emphasise that this is charity and not justice. [More…]
I regard it as absolutely imperative, based on moral and distributive justice, that payments should be equal for all children at similar levels of education irrespective of the school they attend and of the financial position of their parents. [More…]
I repeat and emphasise that this policy of the Labor Government is unjust and is not based on moral and distributive justice. [More…]
But he went on to say that if additional assistance over and above per capita grants were given to such schools and such children it would be charity and not justice. [More…]
There is no sense of justice in their approach. [More…]
I am disappointed with the Minister for Education because I have always thought that he would place justice highly among his principles. [More…]
To find a member of the Country Party wanting justice for members of the Parliament is indeed a remarkable discovery. [More…]
But the right honourable gentleman now mentions one aspect which he did not put in his earlier question, and that is the aspect of the inquiry being made by Mr Justice E. A. Woodward. [More…]
Mr Justice Woodward is pursuing his inquiries into this very difficult matter in as expeditious a way as is possible. [More…]
Mr Justice E. A. Woodward has been commissioned by us, as he has by preceding governments, to make inquiries on behalf of the Government. [More…]
It is not a matter to be decided on emotion; it is a matter to be decided on justice. [More…]
In case honourable members think that I am voicing a political sentiment I should like to draw the attention of the House of Representatives this evening to the Social Justice Statement prepared for the Australian Episcopal Conference by the National Commission for Justice and Peace. [More…]
There is the great cry of the consumer for justice when he is paying high prices for basic elements of his diet. [More…]
He wants justice. [More…]
There will be an opportunity for justice. [More…]
I express the appreciation of the Government and I believe of the Australian people that Mr Justice Moore, now the President of the Australian Conciliation and Arbitration Commission, performed the basic pioneering work in that regard. [More…]
Mr Justice Williams is the Chairman of the Tribunal; Mr Deputy President Chambers is the new Deputy Chairman whose appointment I announced today in the [More…]
Mr Justice Moore, now the President of the Australian Conciliation and Arbitration Commission, agreed to undertake this pioneering role. [More…]
BHP’s claim was not justified before Mr Justice Moore. [More…]
I believe that the expenditure of $100,000 prior to the engaging of legal counsel and the obtaining of scientific evidence to submit to the International Court of Justice in an effort to halt the French nuclear tests in the Pacific was excessive when compared with the results achieved. [More…]
I propose to refer briefly to the statement made by the Deputy Leader of the Country Party, the honourable member for New England (Mr Sinclair), in which he expressed concern in respect of the expenditure of $100,000 on the legal case put to the International Court of Justice in an attempt to stop the French nuclear tests in the Pacific. [More…]
This would be a very great contribution to social justice and industrial harmony. [More…]
I would like to see the Parliament and the nation adopt as goals the achievement of justice and of continuing peace in this area, not only to avoid the bestiality of limited and endemic war but also to avoid the danger which such war poses to the world and, therefore, to Australia. [More…]
I think that all political parties in the Parliament would accept the proposition that there should be justice in the Middle East, that there should be a settlement of the Palestinian problem and that Israel has the right to exist. [More…]
Nobody will deny the proposition that there should be justice in the Middle East, that the Palestinian problem should be resolved and that Israel has the right to exist. [More…]
In the case of the Ford dispute, Mr Justice Moore was absolutely correct in issuing instructions that his reasons for judgment be issued in various migrant languages because there was some evidence that until then the migrant workers in the Ford factory were not really understanding what the dispute was all about, nor were they understanding fully the negotiations .and the compromise proposals that had been worked out by the unions and the employers. [More…]
Yet we hear talk about equal justice. [More…]
What justice is there in the community when persons seeking justice cannot afford it and when a State government resists providing from the public purse assistance to those who seek justice but cannot afford it. [More…]
The rates should be more in keeping with the market in order to do justice to dispossessed owners. [More…]
If there is not stabilisation, the problems of primary industry are such that without ordinary social security benefits that do not apply, there must, in justice, be some sort of negative income tax applied to farmers. [More…]
The case went before Mr Justice Street in the Equity Court. [More…]
It seems to me that proceedings before review tribunals should, as far as is humanly possible, be open so that everyone can see that justice is being done. [More…]
I hope I can do justice to my colleague the Minister for Education (Mr Beazley) in whose place I stand tonight. [More…]
But it is their job to sort out the people with scarce resources and to ensure that people are treated with justice and equity. [More…]
It seems to me that the Master Builders’ Association of New South Wales stands in defiance of the recommendations of His Honour Mr Justice Aird. [More…]
I do not know precisely what Mr Justice Bowen had in mind but if it were the proposals of the Government to supplement some of its legal aid proposals by creating legal offices where salaried lawyers might be employed in certain selected areas of the capital cities of Australia, that is certainly not nationalisation. [More…]
The fact is that not all circumstances, in which there are restrictions on commercial interchange or on the existence of monopoly or semi-monopoly industry configurations, can be adjudged to be a detriment to economic efficiency or social justice. [More…]
It is the essence of British justice that the courts should have a discretion in such matters. [More…]
In the early 1960s the present Chief Justice of the High Court of Australia, Sir Garfield Barwick, introduced, as a Minister, a progressive set of proposals which was submitted to the House in 1962. [More…]
It must have been quite a boon for the Chief Justice of the day, Sir Garfield Barwick, finally to find that the Restrictive Trade Practices Act that was proclaimed in 1967 in an emasculated form compared with the one he had proposed in 1962 was declared invalid by his Court. [More…]
I doubt that the limitations of question time would permit me to do justice to the questions. [More…]
It is a fact that the Government seeks to remedy all the injustices that have occurred in the past in respect of radio and television broadcasting at election times. [More…]
If these things have occurred, under the proposals of the Government there will be remedy and justice will be given to all. [More…]
In my view, that is social injustice. [More…]
I would have thought that social justice and humanity would suggest that one does not deserve to be ill and that in suffering the affliction of being ill one should not be punished by being taxed further. [More…]
It brings me to the situation of agreeing with Mr Justice Bowen who said that there are probably too many lawyers in this Parliament and that those who are here are not much good anyhow. [More…]
He is far more qualified than I and the Minister at the table, the Minister for Services and Property (Mr Daly), to pass judgment on the justice of this because he is qualified in that regard. [More…]
I wonder what Mr Justice Bowen would say if he heard that comment. [More…]
Would the honourable member for Griffith be agreeable to Mr Justice Bowen being appointed? [More…]
I believe that members of a tribunal should accept the evidence that is placed before them, treat it impartially and with justice, and should be allowed to make their decision without interference from any person or persons outside the tribunal. [More…]
I do not know whether the House does itself justice when it inquires into these matters, but the House has established its own Standing Orders and it certainly would do itself less than justice if it allowed those Standing Orders to be ignored and flouted without taking any action. [More…]
But in order to do justice to the debate I will answer as quickly as possible the specific questions that are asked. [More…]
Yet this Government and the Postmaster-General himself, in answer to questions and in other ways in this House, have gloried in emphasising what I would call the cash-nexus approach to the provision of services by the PMG - a sort of approach which would do justice to some of the worst characters out of a Dickens novel or to the traditional American robber barons of the 19 th century. [More…]
So it indicates that we have people who are prepared to look at the position because they have members in these areas and they want to see that justice is done to the people in the areas. [More…]
As was said here, I was viciously attacked for trying to get some justice into the postal structure. [More…]
I think that it ought to be pointed out to the House that amongst the members of that Cabinet led by the then Prime Minister, Mr Menzies, later Sir Robert Menzies, who himself is, of course, a distinguished lawyer, were the present Chief Justice of the High Court of Australia, Sir Garfield Barwick, and a former Prime Minister, the right honourable member for Lowe. [More…]
He claimed that Mr Justice Aird had given a direction to the men to return to work and that lock-outs must not be imposed by builders. [More…]
Mr Justice Aird on 2 November is reported in the ‘Sydney Morning Herald’ as having said: [More…]
I wish I had time available to me to talk about the excellent work being done by Mr Justice Aird. [More…]
But Mr Justice Aird’s work is not being helped by the kind of undisciplined remarks in which the honourable member for Wannon has been engaging this afternoon. [More…]
The Minister for Labour totally ignores the fact that Mr Justice Aird’s recommendation, that the men return to work applied to all jobs under dispute. [More…]
It is no wonder that Mr Justice Aird said, as reported in the ‘Sydney Morning Herald’ on 2 November and quoted by the Minister for Labour and the honourable member for Wannon (Mr Malcolm Fraser): . [More…]
But he has an even greater responsibility to see that justice is done to all sections of the building industry, both employer and employee. [More…]
His blatant support of the militant communist Mundey, in the face of the words of Mr Justice Aird, only discredits him and his Government. [More…]
When the guillotine, as it is called, is applied honourable members opposite always scream about the lack of democracy and justice. [More…]
Consequently today when they moan about this they should remember that we are giving justice as it is deserved and in addition we are giving full and adequate time for discussion on measures on which the people should not be delayed in passing their judgment as to whether or not they should become law. [More…]
The more I hear the remarks of lawyers from the other side of the Parliament, the more I agree with Mr Justice Bowen that they are not only incompetent but also overpaid. [More…]
He and I wen both sufficiently in the confidence of my predecessor as Foreign Minister - Mr Justice Bowen, as he now is - to know how much he was interested in this proposal. [More…]
I am a supporter of a Government which realises the problems of the Australian people, a Government to whom the burdened heart may pour forth its sorrows, to whom distress may prefer its suit, whose head is guided by justice and whose heart at all times is expanded by benevolence. [More…]
Sir Garfield Barwick was made Chief Justice of the High Court. [More…]
Sir Garfield Barwick was appointed to the position of Chief Justice of the High Court. [More…]
In accordance with established practice, provision of supplementary grants to universities is included to meet the costs of academic salary increases from 1 January 1973 as a consequence of recommendations made by Mr Justice Campbell and to allow for salary increases due to the national wage case decision in May 1973. [More…]
The Minister for Services and Property (Mr Daly), who preceded me in this debate, has informed us that in the United States case, Wesbury v. Sanders (1964) the then Chief Justice of that country, Earl Warren - a man more noted for his political judgments than his knowledge of jurisprudence, as will become obvious - ruled that the relevant part of this Article should be interpreted as meaning that in United States Congressional elections - to use his own words - one man’s vote in a Congressional election (in the United States) is to be worth as much as anothers’ [More…]
I trust that Mr Justice Hope’s committee will take note of the numerous buildings in Parramatta, some of which have been acquired by the [More…]
I remember that comments were made by BHP on Mr Justice Moore’s findings early in the year and again on the findings of the Prices Justification Tribunal last month. [More…]
Nevertheless there is no reason at this stage to suggest that the Tribunal is not acting with complete propriety and justice. [More…]
An officer shall, if the Minister or the DirectorGeneral so directs, before entering upon his duties, or exercising any powers or functions, under this Act, make before a Justice of the Peace or a Commissioner for Declarations a declaration in accordance with the prescribed form. [More…]
It may be necessary for academic reasons - ‘for such things as, for example, Professor Henderson’s inquiry on poverty, which was instituted by the previous Government when I was Minister, or the inquiry on repatriation by Mr Justice Toose, or something like that - for some academic or judicial authority to get statistical information, not personal information, from files. [More…]
His associates and my colleagues to whom I refer were the Honourable Sir Neil O’sullivan, once AttorneyGeneral; the Honourable Sir Alexander Downer a former Minister and later Australian High Commissioner in Britain, and the son of one of the founding fathers of the Constitution; and the Honourable Mr Justice Joske. [More…]
In other words, it is a false presentation, and that presentation should be altered not only in the interests of accuracy and justice but also to permit the Australian people to know exactly what is contemplated. [More…]
Frankly, I agree with the view on this matter of Sir Alexander Downer, the son of one of the founding fathers of the Constitution, Mr Justice Joske and the late Sir Neil O’Sullivan, a former Attorney-General of Australia. [More…]
Reiteration of base assertions such as ‘Our advisers tell us there is no threat for 15 years’ are too simplistic; they don’t do justice to the quality of the work contained in these documents where the inflections are expressed with much greater subtlety. [More…]
Given .the regrettably short time for the estimates debate, it is impossible to do justice to more than a fraction of the Government’s moves in this area. [More…]
Mr Justice Ludeke’s impartiality is beyond question. [More…]
He was competent and impartial in presenting a case on behalf of his clients then, just as he is competent, impartial and extremely industrious in handling his responsibilities as a justice of the court now. [More…]
I believe that a comment such as that, which carries an inference - a very heavy inference - that he is impartial, should be unacceptable to all members of this Parliament and members of the Opposition ought to dissociate themselves from such a scurrilous attack upon a justice. [More…]
Although I do not have the Press cuttings with me at the moment, I know from my own interest in the sinking of the ‘Noongah’ that in his findings on that occasion Mr Justice Spicer was most critical of the Royal Australian Air Force for the manner in which it went about searching for survivors from the ‘Noongah’. [More…]
Mr Justice Dunphy who is conducting the inquiry will level criticism at any person, organisation or department which he considers should be criticised in relation to the search for the survivors of the Blythe Star’. [More…]
On 2 November, some 7 days after the survivors were found, I invited the Chief Justice to appoint a judge to conduct the Court of Marine Inquiry which I had directed should take place. [More…]
.Mr Justice Spicer was originally to conduct the inquiry but he has informed me that due to ill health he will not be available until February. [More…]
I said: ‘No, as far as I am concerned Mr Justice Spicer, the Chief Justice, will make the selection of who would conduct the inquiry’. [More…]
There is provision for supplementary grants to colleges to meet the increased costs of academic salaries resulting from the acceptance by the Government of the recommendations of the report by Mr Justice Campbell, and to meet the cost of increased salaries and wages to college staff following the national wage case decision of May 1973. [More…]
By being denied natural justice the community have been subsidised by the wheatgrowers. [More…]
The pressure continued by myself and other honourable members of this Parliament - notably the honourable member for Chifley (Mr Armitage) - for some form of taxation justice and for a crackdown on tax evaders. [More…]
We place on record that we believe the provisions of clause 6 to be iniquitous and entirely inconsistent with the principles of social justice which this Government claims to hold. [More…]
A commencement has been made on the abolition of the means test, which is a rough act of justice between the generation which is now suffering from inflation, for all the reasons that I have set out already, and the generation which has only to go on strike to double its pay overnight The abolition of the means test is a rough act of justice between them. [More…]
But we are doing it so slowly - much more slowly than inflation is creeping upon us - and this is the great injustice. [More…]
The end result has not been justice to the growers in terms of their returns and this is not the sort of stability which is good for any industry. [More…]
It is necessary to take the whole of the industry into account and to ensure that there is some justice to growers who have not shared in the prosperity of the industry when it has enjoyed some times of prosperity. [More…]
Is there any justice in a measure of that nature? [More…]
The Bill also includes provision for the salary increases recommended in the report by Mr Justice Campbell and for the cost of increased salaries and wages to college staff following the national wage case decision in May this year. [More…]
It makes provision for the costs of academic salary increases following the report by Mr Justice Campbell and the national wage case. [More…]
I believe that there is a considerable degree of unanimity between all political parties towards the objectives of educational justice in this country. [More…]
The Bill provides supplementary grants to colleges to meet increased costs, particularly with respect to academic salaries arising from Mr Justice Campbell’s enquiry, which was initiated by the former Government. [More…]
The platform of the Australian Labor Party, on the basis of which this Government attained office, made clear that Labor’s industrial policy places human rights and values first and provides for the development of full human dignity in the industrial sphere, lt emphasises the right of full employment; real economic justice; freedom and security; the right to work in just and favourable conditions; freedom from unemployment and freedom to choose employment. [More…]
Finally, the Ministers for Labour considered the adequacy of existing concepts of long service leave and whether there could be portability of service between employers and industries, in the interests of job mobility on the one hand and social justice for the individual employer on the other. [More…]
In the interests of justice, and I would have thought in the interests of protection for the Minister, some appeals system would be well worth while and could be fairly introduced. [More…]
I regret that in the interests of fair and open government and in the interest of seeing that justice is done to all schools, the Government has indicated that it is not prepared to accept these thoroughly reasonable proposals. [More…]
The President of the Australian Conciliation and Arbitration Commission, Mr Justice Moore, has agreed to preside over that meeting. [More…]
Arbitration Commission (Mr Justice Moore) to chair the peace conference. [More…]
The second point relates to the fact that the Prime Minister, having ‘been the Minister for Foreign Affairs for a short period of time, will know that the recommendation given to me by both the Department of Foreign Affairs and the then Minister for Foreign Affairs who is now a Justice of the New South Wales Court of Appeal was that a Minister would not be able to visit the People’s Republic of China in a personal capacity. [More…]
However, justice is needed for those who live there and I ask the Minister to ensure that if he cannot maintain the Twin Otter service at least to make sure the commuter service is provided and that in turn will assist in the running costs of the Friendship service to the areas. [More…]
I have long marvelled that in our sophisticated society justice has not been extended to the area of unemployment benefits being paid to rural producers in drought or natural disaster areas. [More…]
I hope that they will negotiate with common sense for the sake of justice and for what is otherwise a good education program. [More…]
Only they can properly develop policies that will assist the progress of national unity, the formation of further land legislation and the evolution of the legal system to marry traditional law with existing concepts of British justice. [More…]
However, once again the Minister expressed the view that before the Commonwealth took a position with regard to land tenure it should await the outcome of the findings of the inquiry into land tenure by Mr Justice Else Mitchell. [More…]
One of the alternatives - I believe it was suggested to the committee of inquiry being conducted by Mr Justice Else-Mitchell - is a system of restricted freehold, which would to some extent curtail the ability of a person who obtains land cheaply to capitalise upon its resale. [More…]
Schedule 1 of the Bill, incorporates the determination made by the Medical Fees Tribunal under the chairmanship of Mr Justice Ludeke, for consultations and visits. [More…]
Our program is not one which stems from doctrinaire beliefs but it is one which flows from a sense of social justice. [More…]
In April the Australian Government announced the establishment of a commission of inquiry into land tenures under the chairman ship of Mr Justice Else-Mitchell. [More…]
Also what I have constantly said and I repeat now is that we want to see the expenditure of the Karmel money and, in addition to the expenditure of that money, we wish to see - at an’ estimated total cost of not more than $5m per annum - every Australian child as a matter of justice and of equity attract to that child- [More…]
The Commission, under the chairmanship of Mr Justice Else Mitchell, and comprising in addition Professor Russell Mathews and Mr G. J. Dusseldorp, has done a magnificent job in producing this its first report within the 6-month period asked by the Australian Government. [More…]
The report presented by the Commission of Inquiry into Land Tenures, under the chairmanship of Mr Justice Else-Mitchell, and the statement on it made by the Minister for Urban and Regional Development (Mr Uren), are clearly most important statements for the future of Australia. [More…]
The rates should be more in keeping with the market in order to do justice to dispossessed owners. [More…]
The small landowner is then in a position of having to decide whether to take a low offer of compensation now or to fight it out in the hope that he will achieve justice under the constitutioncompensation on just terms - only to find that the loss in real value in the compensation that is then paid to him more than outweighs the gain that he might have made in getting a higher compensation. [More…]
If the people are to be so mistaken in their view as to fall for the emotional argument and grant prices powers, and if those powers are to be used to stabilise land prices, those who own land which is acquired deserve justice under the Australian Constitution. [More…]
In 1969, in a case involving boundaries in the North Sea, the International Court of Justice emphasised what is known as the morphological concept. [More…]
Then there is the third point of allowing the Attorney-General to have a discretion which he could not exercise because of our courts but which now can be exercised because the man is out of the jurisdiction of our protecting Australian courts and our protecting Australian system of justice. [More…]
Is this equality and justice? [More…]
I recall again to honourable members that the member of that Committee who supported the amendment to the Constitution which the Senate now wishes the House of Representatives to abandon were the honourable Sir Neil O’Sullivan, a former Attorney-General, the honourable Sir Alexander Downer, son of one of the founding fathers of the Australian Constitution, a former Minister and later Australia’s High Commissioner in Britain and the honourable Mr Justice Joske as he now is, all members of the Liberal Party, the honourable David Drummond, a former member of the Legislative Assembly of New South Wales and Mr Len Hamilton, both of the Country Party; and Senators McKenna and Kennelly together with Messrs Calwell, Ward and Pollard - whom I am happy to see in the gallery this afternoon - and myself of the Australian Labor Party. [More…]
in reply - I hope that the right honourable member for Lowe (Mr McMahon) will not take it amiss if I express disappointment that he has departed from the views which were espoused 15 years ago by such distinguished colleagues of his as Sir Neil O’Sullivan, Sir Alexander Downer and Mr Justice Joske. [More…]
I think the Minister is not doing himself justice when he says: ‘We have a mandate’. [More…]
There is no element of justice in that type of classification. [More…]
If we are to have a schools commission which is not so established as to be able to look after the interests of such schools but which has powers which enable it to ride roughshod over those who are primarily responsible for such schools, I submit that we will have a situation in which injustice is perpetuated within the Australian community. [More…]
I assure honourable members that I believe that the report presented by those 3 prominent men - Mr Justice Else-Mitchell of the New South Wales Supreme Court, Professor Russell Mathews of the Australian National University and that progressive and enlightened developer Mr Dusseldorp - is a social landmark in this country. [More…]
If that is justice by the Labor Party to the poor, to the indigent or to the pensioner then I am confounded by that kind of logic. [More…]
However, I believe that the Minister should take heart in the justice of his cause. [More…]
This Government’s health proposals will bring justice and relief to these men, and I believe that they deserve it. [More…]
We want to be assured that this is a payment to the individual in moral and distributive justice, as part of his payment to social security. [More…]
Again if he does not know that the Federal Govern ment can give a lead to the Ministers of Justice throughout Australia in an effort at coordination - the Government is always talking about that - and if he does not know that some responsibility rests on the shoulders of the Ministry in this Federal Parliament to try to do something about that which is concerning so many people throughout the Commonwealth, it is nearly time that he did. [More…]
I believe there is a need for some action and I appeal to the Minister representing the Attorney-General, if the Minister for Science has no sympathy for this matter, to consider the possibility of having some discussion with the Attorney-General with the object of seeing whether it is possible to have some consultation between the Ministers of Justice in the States. [More…]
Because I am concerned about allegations, which appear to have some foundation, of police discrimination against Aboriginals in Redfern, I discussed these reports with Mr Maddison, the New South Wales Minister for Justice, on 9 November. [More…]
For the information of honourable members, I present papers concerning the nuclear tests case between Australia and France before the International Court of Justice. [More…]
There are a great many drop-outs in the system and it is the responsibility of the Government, to do justice at least and to try to bring equity to those who are the drop-outs, such as the pensioners, the people on fixed incomes and so on. [More…]
As long ago as 1957 no less an authority than the then Chief Justice of Australia, Sir Owen Dixon, suggested that this Australian Parliament should establish a national law reform body. [More…]
At the Tenth Legal Convention of the Law Council of Australia held in Melborne that year the Chief Justice said: [More…]
In reviewing laws to which this Act applies, the Commission will have in view systematic development and reform of the law, including, in particular the modernisation of the law, the elimination of defects in the law, the simplification of the law, and the adoption of new or more effective methods for the administration of the law and the dispensation of justice. [More…]
This limitation of time, we were told, was a denial not only of justice, decency, democracy and free speech, but also of the rights of generations dead and not yet born. [More…]
My good friend the honourable member for Barker (Dr Forbes) asked Chief Justice Sir John Nimmo to inquire into the deficiencies of the scheme and Sir John Nimmo has reported on them. [More…]
But quite apart from them the advice was given by Chief Justice Sir John Nimmo and it was given by an all-Party committee of the Senate and the deficiencies of the present scheme - Sir Earle Page’s scheme of 1952 and so on - are well known to everybody except the Opposition. [More…]
On 18 April the former Minister for Health, the honourable member for Barker announced the appointment of Mr Justice Nimmo’s committee of inquiry into health insurance. [More…]
The abolition of the honorary system and the proper payment of doctors was, of course, one of the 42 positive recommendations of the Committee of Inquiry into Health Insurance, under Mr Justice Nimmo, which reported to the previous Government in 1969. [More…]
I give the honourable member this assurance: I hope in the next few weeks to be able to determine the cases with a view to seeing that justice is done to the migrants and their families. [More…]
If the occupier does not consent, all that the Authority needs to do is to walk down the corridor, find a justice of the peace and obtain a warrant to enter that land, notwithstanding any objection at all that the occupier or the owner may have. [More…]
Thus, it is possible for a justice of the peace, perhaps not even from the State in which the Authority intends mining, to issue a warrant allowing the Authority to enter land for the purpose of commencing to explore for or carry on operations for the recovery of petroleum or minerals. [More…]
How is the justice of the peace to know whether anyone already has title in the area concerned, or does it not matter? [More…]
As I have said, all the Authority has to do to get a warrant is to find a justice of the peace - probably in Parliament House - who has never even been to Western Australia, and he will give a warrant for the Authority to enter a particular area. [More…]
More specifically, under clauses 43 to 50 of the legislation an act of gazettal and a ratification by a justice of the peace suffice to enable the Authority to explore for and recover petroleum from a declared area. [More…]
A signature of a justice of the peace suffices. [More…]
A local justice of the peace suffices to authorise a take over of assets worth hundreds of millions of dollars. [More…]
It denies the principles of common justice and seeks to entrust to a small select group the awesome powers of Commonwealth constitutional authority and public revenue. [More…]
However, he did not tell the House of the exorbitant profits made by the multi-national organisations that owned and controlled the mines in Chile, and of the events that caused the people of Chile, during the term of the late Mr Allende, to take control of the natural resources of the country so that those downtrodden people who had been shockingly exploited over the years in working virtually for peanuts for the benefit of Uncle Sam would receive justice. [More…]
I do not support it, but I stick out for justice. [More…]
For many years a campaign was waged to achieve justice for the school children of this country. [More…]
There were many people who, in the early days when it was dangerous to do so, asserted that every child in this country was entitled to equality and to justice. [More…]
If one did not have religious bigotry one would recognise the justice, the equity and the equality of the principle. [More…]
Whatever has been the outcome of the negotiations that have gone on, however the members of the Country Party vote tonight, I assert that they will stand by the principle that every child should attract to itself as a matter of right and of equity and of justice a per capita payment for education. [More…]
We support the amendment simply because this is the only way we can see of salvaging something from the Government’s utter refusal to honour its obligations and its promises, and its unwillingness to see that common justice is observed in the provision of finance for the benefit of all Australian pupils. [More…]
We say that pupils who attend private schools, often in the circumstances I have described, are entitled, by common justice, to a grant from public funds. [More…]
We will probe it to the end with a view to ensuring that justice is done and that Australian citizenship is recognised wherever Australians go. [More…]
It has nothing to do with the original legislation itself, but it is just cussedness in the way it is being administered that is restricting the success of the scheme and restricting social justice to these growers. [More…]
If some of these ways of being more flexible with the scheme both at the State and at the Federal level are carried out - I have enumerated quite a number of them - I believe there is still hope for this scheme to be a far more successful one to help the industry and to help the growers with social justice than it has been up to date. [More…]
Plainly, justice delayed is justice denied. [More…]
We have established an expert and independent Schools Commission to bring sanity and justice to the whole process of assistance to primary and secondary schools. [More…]
Above all my Government believes in those abiding virtues in Australian society which have given us a distinctive nationhood, the belief in fraternity and independence, the instinct for fair play, justice and freedom that Eureka signifies. [More…]
It includes Torres Strait Islanders and, where it is in the interests of justice in the circumstances of a particular case, includes a person who lives in a domestic relationship with an Aboriginal. [More…]
Legislation will be introduced to establish a uniform code of discipline and justice for the Defence forces. [More…]
One can have some sympathy for the Labor Party’s traditional espousal of the principle of one vote one value even though one cannot excuse the Labor Party’s utter lack of understanding of the reasons why this theoretical principle cannot be applied with justice in a country like Australia. [More…]
Does he agree that if there is not a full public inquiry into these matters and into the attempts to cover up the real story there must remain a very real suspicion that there has been a conspiracy to mislead the court and the public and to deny the administration of justice? [More…]
There might have been a miscarriage of justice. [More…]
There might have been a conspiracy to pervert the course of justice. [More…]
In that opinion Professor Richardson referred to an opinion given by the late Mr Justice Nicholas of the Supreme Court of New South Wales. [More…]
It is perfectly true, as the honourable gentleman has observed at some time past, that at present there is an entrenched provision to prevent disturbing the balance between and among the States in the way to which I have referred, but the opinion offered by the late Mr Justice Nicholas was to the effect that by 2 amendments to that section this could be accomplished. [More…]
This matter was splendidly explained, if I may say so with respect, by the former Chief Justice of the High Court of Australia, the late Sir John Latham, in one of the classic cases on this very point, Graham v. Paterson. [More…]
The States understandably have been concerned as to whether they can make a reference subject to conditions, Sir John dealt with this as far back as 1950 when he was the Chief Justice of the High Court of Australia. [More…]
The Australian Embassy has given all the assurances in the world that we do not wish to interrupt the course of justice and the hearings in Austria, but we have certainly said, through all the means that are available to us, that the mother and the child should be able to get together and I would hope that the representations that are being made in a continuing way to the Austrian authorities will persuade the Austrian authorities to recognise the rights of this Australian mother in this situation and also to act in the best interests of the child. [More…]
I will not shield anybody in this Parliament, outside it, on my staff or anybody else’s staff who has broken the law or has in any way contributed to perverting the course of justice. [More…]
In the field of social justice, the record has been remarkable. [More…]
In terms of industrial relations, which I head broadly under social justice, I draw the attention of this House to a salient fact. [More…]
Already the Government has established the Industrial Peace Conference with the Minister for Labour (Mr Cameron) and under the chairmanship of Mr Justice [More…]
It has been done very rarely - mainly to put it up on a flat rate basis, which honourable members opposite regarded as justice in the past. [More…]
by leave - Honourable members will recall that on 8 March 1973 I made a statement in the House in which I gave details about the establishment, by the Australian Government, of the national rehabilitation and compensation scheme inquiry, under the chairmanship of the Honourable Mr Justice Woodhouse, D.F.C., the distinguished New Zealand judge. [More…]
I would also like to express my thanks to the New Zealand Government and the New South Wales Government for releasing Mr Justice Woodhouse and Mr Justice Meares respectively for a further period. [More…]
I am only sorry that your, tolerance and understanding are occasionally mistaken by honourable_members on the other side of the House for weakness and that they are not accorded the sort of justice which, in my view, they deserve. [More…]
The Government will look to the Agency for the development of innovative policies responsive to the needs for economic self-reliance and social justice in developing countries. [More…]
I repeat that the only way to avoid 2 more years of the downward movement of the social and economic standards of this country, to get rid of the confusion and the uncertainty, to restore Australia to a strong path of growth and social justice where the poor and the weak can have an increase in living standards which they are not enjoying now, is to have an election. [More…]
I thought he did himself less than justice, and that is putting it nicely. [More…]
The President of the Commission, His Honour Mr Justice Moore, appealed for order pointing out to the demonstrators that it was utterly impossible for him to continue the hearing while they were interrupting and waving banners. [More…]
Mr Justice Moore appealed to the demonstrators in a sensible and rational way to understand the situation that they were creating and to understand the plight of the 4.5 million workers outside the court room who were looking to the Commission for a decision. [More…]
As I said, I was present on the opening day of the present case and I admired very greatly the manner in which His Honour Mr Justice Moore handled the very delicate situation that arose on that day. [More…]
Residents of the Australian Capital Territory and the Northern Territory have had to wait for the Labor Party to come to office before these proposals could be put to the people in an attempt to gain some measure of democracy and of justice for them. [More…]
That same Minister for Foreign Affairs who represented the Liberal Party and Country Party coalition opposed the using of ANZUS for justice and peace and political, social and economic development in the Pacific area. [More…]
We have taken the French Government to the International Court of Justice. [More…]
At last the politics - the petty handouts - will be taken out of pensions, and dignity and justice will be given to our senior citizens. [More…]
There has been no talk about justice for the poor parents, or the relatively poor parents, who happen to send, or struggle to send their children, to certain schools. [More…]
I do not think it does the Minister any justice to taunt the Opposition, as he did at the completion of his speech and especially in the way he did. [More…]
My Party supports it because, with the Liberal Party, it believes that it provides the minimum amount necessary to provide any justice for pensioners in the present inflationary situation. [More…]
The then Minister agreed to establish a committee of inquiry headed by Mr Justice Toose. [More…]
I refer in particular to the report that we expect in the near future from Mr Justice Toose. [More…]
He was appointed as Chief Justice of the High Court of Australia because he got out of step with Sir Robert Menzies in relation to foreign policy. [More…]
I said that Sir Garfield Barwick was appointed by the Liberal Party as Chief Justice of the High Court of Australia. [More…]
I heard an interjection: ‘Remember Barwick’, ls there somebody in this House other than the interjector, who had better identify himself, who says that the appointment of Sir Garfield Barwick as Chief Justice of the High Court of Australia was not an appointment accepted by every member of this House and by the whole Australian public as a very fine appointment? [More…]
The report which has been presented to the AttorneyGeneral (Senator Murphy) and myself by the Working Party has annexed to it a draft - and I stress the word ‘draft’ - prepared by the Working Party of a proposed Defence (Discipline and Justice) Bill. [More…]
In order to supply additional building workers it has fostered apprenticeship, fostered retraining of workers from areas in which redundancies are occurring, fostered a world wide search for tradesmen who can be brought to this country as settlers, fostered an inquiry under Mr Justice Aird into the issue of permanency which has driven so many skilled building workers out of their field over recent years. [More…]
It is manifestly not a case of their being unable to afford it, nor in my view are the reasons for the serious short fall in ODA the lack of generosity of the people of the developed world or their indifference to justice. [More…]
That rapid growth in terms of orthodox Western theory does not necessarily produce, and has so far not produced, increased welfare or justice is by now widely recognised. [More…]
In fact the Prime Minister (Mr Whitlam) in his second reading speech looks to this new agency which the Bill establishes as developing innovative policies responsive to the needs of economic self-reliance and social justice in developing countries. [More…]
We must base our programs on the concept of trying to ensure social justice in the developing countries irrespective of the political complexion their governments may bear. [More…]
I regard any invasion of privacy in the manner that pertains to the administration of justice in some communist countries as completely abhorrent to the Australian way of life. [More…]
Justice and Family Law Division - positions numbered 8, 17 and 26. [More…]
Justice and Family Law Division - positions numbered 14, 16 and 19. [More…]
It does, within the framework of the existing superannuation arrangements, justice. [More…]
But does it really do justice? [More…]
This type of fund seems to have had its genesis in a period when prices were relatively stable and justice could be done because there was no dominant inflation to do injustice. [More…]
This is something which I have advocated for a long time and something which I believe to be only elementary justice. [More…]
It wants to continue to improve social justice in this country. [More…]
We want to give out of a greater sense of justice and honesty, a system of interest rebates to home buyers. [More…]
It cannot let justice be done to Aborigines and to low income earners. [More…]
The matter that I want to refer to is the dishonest ill-considered and ill-founded statements made by the Queensland Minister for Justice, Mr Bill Knox, at a Liberal Party conference held in my electorate last weekend. [More…]
I rise to speak tonight not because of any desire to deal with Mr Knox’s flights of fancy but because he is in control of and responsible for justice in Queensland. [More…]
It is no small wonder that the honourable member for Griffith gets excited about and is ashamed of the irresponsible statements made by the Queensland Minister for Justice. [More…]
At the weekend) the Queensland Minister for Justice said that there have been a few racial problems. [More…]
Tonight I refer to the irresponsible statements of the Queensland Minister for Justice about the Fijians who were in Australia, who came here as visitors and who breached the terms and conditions of their entry. [More…]
If Mr Knox handles justice in Queensland as he handles figures, God help Queensland. [More…]
I further call upon the Opposition in this Parliament and particularly the Leader of the Opposition (Mr Snedden), who at one time was the minister of State for Immigration, to tell us in this Parliament what their reaction is to the advice that has been given to this Government, to the national Parliament and to the nation by the Queensland Minister for Justice, Mr Knox - that we should return to the past, that we should discriminate, that we should repeal all the things that have been done to abolish discrimination and put it all back again. [More…]
When one looks at the new Swan electorate, at this moment with some 65,506 people, it makes one wonder about the justice of the service that can be offered to the people concerned. [More…]
As far as I can remember - and I will be interested to hear whether the Minister contradicts what I have to say - if this Bill were passed there would be a right of entry signed by a Justice of the Peace - not even from the dis trict concerned - where right of entry was desired. [More…]
An instrument signed by a Justice of the Peace would give the Commonwealth Government power of entry into any property, whether it be of a company or an individual’ Having got the right of entry the Bill would then give the Commonwealth Government power to remove practically everything - not just nominated minerals such as iron ore and bauxite. [More…]
That is a complete parody on justice. [More…]
The policy that this Government pursues of a circumscribed debate in this House is as ludicrous as some of the other statements by the Leader of the House as to the way in which justice and democracy are served here. [More…]
If the owner or occupier of that particular area does not agree to the Authority entering upon the property, the Authority may simply, as I have said before, walk down a corridor, find a justice of the peace, have a warrant signed and the Authority can enter that property. [More…]
To finalise the reply to the honourable member for Leichhardt, let me say that he referred also to the fact that there had been a rather serious flight of fancy by the Queensland Minister for Justice, Mr Knox, in referring to 30,000 illegal entrants in the last 7 months under the easy visa system. [More…]
I told him, for example, that I have set up a special committee of inquiry headed by Mr Justice Sweeney, assisted by Mr McGarvie Q.C., to advise the Government on what is needed. [More…]
The proposed pension arrangements for the Governor-General are based in part on the pension arrangements that apply for the Chief Justice of Australia. [More…]
In brief, a GovernorGeneral on retirement will be eligible for a pension equivalent to that payable from time to time under the appropriate legislation to a retired Chief Justice of Australia. [More…]
The widow of a Governer-General will have an entitlement equivalent to the entitlement for the widow of a Chief Justice of Australia. [More…]
The Bill does provide, however, that where a former Governor-General has other pension entitlements payable by Australia or a State or a Territory of Australia the retirement benefit in total shall not exceed that to which a retired Chief Justice of Australia is entitled. [More…]
It is intolerable that one of Australia’s major cities has an international air terminal which would do justice to a banana republic. [More…]
It is easy to see the justice of their representations. [More…]
If it is dealt with on the basis of justice and equity it will be determined in that way. [More…]
The recommendations of the Committee on Taxation under the chairmanship of Mr Justice Asprey will toe taken into account in this year’s Budget when my Government will give urgent consideration to the restructuring of the taxation system. [More…]
The National Rehabilitation and Compensation Committee under the chairmanship of Mr Justice Woodhouse of the New Zealand Court of Appeal has completed its report and it is now under consideration. [More…]
He had been successively an Australian public servant, an accountant and the law partner of a Premier and a Chief Justice of Tasmania. [More…]
He has studied these rules carefully, and with justice and fairness he has applied them in permitting the debates to flow as they should do in Committee. [More…]
May I say first of all that in the present dispute concerning the Australian Institute of Marine and Power Engineers, the union made an application to Mr Justice Ludeke for 4 sets of study leave of about 1 6 weeks each. [More…]
The union has rejected the decision by Mr Justice Ludeke and wants the full amount for the 4 sets. [More…]
It might be interesting to note at this point that when the union made a submission to the Commission which this Government has appointed, it asked only for what Mr Justice Ludeke later gave it. [More…]
Mr Justice Moore has offered to adjudicate in the matter, to hear argument and to deal with it on that basis. [More…]
Will the Minister make urgent representations to the Brazilian Government with a view to negotiating a reciprocal extradition treaty to bring to justice reputed swindlers such as Barton, Sommers and a well-known Sydney solicitor who are reported to be living in Brazil on the proceeds of their ill-gotten gains from Australian citizens, and to see that they are returned and are tried according to Australian law? [More…]
The founders of the Constitution obviously recognised the simple justice of the notion that since the Parliament would make laws for the Territories, the citizens of the Territories should have a voice in that Parliament. [More…]
Under clauses 43 to 50 an act of gazettal and a ratification by a Justice of the Peace suffice to enable the Authority to explore for and to recover petroleum from a declared area. [More…]
It can do this under clause SO by obtaining a simple authorisation from any justice of the peace. [More…]
Any justice of the peace may give the authorisation to do so. [More…]
Does the public think that there is no compliant or corrupt justice of the peace who the Government could select from among the many thousands in Australia? [More…]
But the worst of it is what the Authority can do when it gets a warrant from a single justice of the peace, without appeal, and can go on to anybody’s land. [More…]
While some progress has been made in negotiating new extradition treaties it cannot be said that this has kept pace with the increasing mobility of criminals and other fugitives from justice. [More…]
However, it is necessary also to ensure that justice be served and that fugitives be apprehended. [More…]
We are determined to make sure that they do receive justice. [More…]
It is the Government’s view, after close examination and full discussions with the Chairman of the Tribunal, the Honourable Mr Justice Williams, that the provisions in this Bill will greatly increase the effectiveness of the Tribunal in combating inflation and will do so in a manner that will continue to attract the co-operation of the business world at large. [More…]
Chief Justice Hughes of the United States Supreme Court made this very point in an opinion he delivered in 1933 in the case of Appalachian Coal Inc. v. US when he said of the Sherman Act: [More…]
The task we face in this Parliament, if we are really concerned to build a democracy, is to find and tread that delicate line which will achieve complete social justice for all while affording the greatest individual freedom in personal, social and economic affairs consistent with a basic concern for others. [More…]
Much of the Government’s projected social welfare program offends not only because it affords our poor nothing like effective social justice but also because it threatens to turn us into a dependent people coddled and propped up by the state at every turn. [More…]
It was brought by Mr Justice Bowen, when he was Attorney-General, to the stage of a Bill being introduced. [More…]
The proposal for the Superior Court was originally put forward by the present Chief Justice of Australia when he was AttorneyGeneral and the justification for setting up the Court rested largely on the need to relieve the High Court of most of its single justice original jurisdiction. [More…]
Obviously the most important appointment will be that of Chief Justice. [More…]
It is contemplated that, if the Bill is passed by Parliament, an early appointment of Chief Justice will be made to enable the first Chief Justice to participate in the considerable task of organising the necessary administrative arrangements. [More…]
Like the Government, the Opposition is most anxious to ensure that persons who seek to escape the process of justice by going abroad are returned to be dealt with in accordance with Australian law. [More…]
As I have said, the Opposition supports this measure because, in relation to countries like Brazil which take this attitude, it will enable our Government, through the processes of law, to obtain the return of people from other countries where they are hiding from Australian justice. [More…]
But as I said earlier, we are content to support it because, in addition, it will enable persons who are seeking to avoid justice of this country to be returned here but under proper process. [More…]
They do this kind of thing because this is of the nature of what is known as Communist justice. [More…]
1 think it is an indication of the enclosing of the world in a smaller compass, brought about by improved transport and communications, that measures of this sort are now desirable, so that when a person flees from justice or from the jurisdiction of one particular country he is, in one way or another, more likely to be caught and brought before justice pursuant to legislation of this sort and agreements in the form of treaties. [More…]
One of the factors in the economic context which honourable gentlemen might well anticipate we shall be discussing is, say, the conference called by Mr Justice Moore for the first full week in August. [More…]
We are determined to make sure that they do receive justice. [More…]
Mr Justice Joske, presiding member of the Full Bench, said in Melbourne yesterday the union - [More…]
I do not think that a consensus of opinion will arise from the conference which has been convened by Mr Justice Moore and which has now been brought forward to August because I think that the employers have taken up a fixed position against quarterly cost of living adjustments and I do not believe that the unions are prepared to give the kind of undertaking that I think would be needed for quarterly cost of living adjustments to be introduced across the board. [More…]
The Government must adopt a stance in industrial disputes that serves the wider ends of peace and justice, instead of attempting to strengthen the bargaining power of favoured unions. [More…]
I know that the Prime Minister has said that the Chinese are not signatories to the relevant United Nations documents and that therefore we cannot bring them before the International Court of Justice. [More…]
Here I will quote from the transcript of evidence given before Mr Justice Moore. [More…]
Is it any wonder then, with such records for the governments of the 2 areas of Australia with the two largest Aboriginal populations, that these people are not getting justice? [More…]
The Commission of Inquiry set up in February 1973 headed by Mr Justice Woodward brought down its report in April this year. [More…]
before entering any dwelling house that is in the occupation of any person, the person seeking entry for the purpose of an inspection, investigation or inquiry shall obtain the consent of the occupier thereof or obtain from a justice a warrant that authorises such entry. [More…]
You may have to go to a justice of the peace to obtain an access authority. [More…]
There may be only one justice of the peace in the area. [More…]
In the judgment of the High Court the Chief Justice, Sir Garfield Barwick, said: [More…]
As the honourable gentleman well knows, there is to be a meeting in August convened by Mr Justice Moore specifically to investigate the wage area, which is central enough. [More…]
Mr Justice Joske said: [More…]
The Government will be taking an active part in the conference which is to be held on 7 and 8 August by Mr Justice Moore. [More…]
It is no secret that the Chief Justice of Australia, who, as Attorney-General, propounded it, and Mr Justice Bowen, who introduced the first Bill into the House, have since expressed/their opposition to it. [More…]
It will consist of a Chief Justice and other judges appointed from time to time. [More…]
Now in such a state of affairs, it would appear natural to endeavour to establish the Courts of justice as independent organs which were neither Commonwealth nor State. [More…]
Such a court must have the power to examine the substantial merits of the cases before it, and must have the power to base its decision not only on the terms of so-called free contracts, which are usually forced upon shareholders by managements, but also on equity and justice. [More…]
Our present machinery of justice has proved to be ineffective, inefficient and totally inadequate in the field of company law. [More…]
And as I look at the judge I say: ‘Justice I have now before me, august and pure’. [More…]
Sir Garfield Barwick, His Honour Mr Justice Bowen, the former Attorney-General and my very dear friend, Tom Hughes, who was one of the ornaments of the parliamentary institution, did not have to be convinced about it but my honourable friend on that occasion was convinced. [More…]
That development was described by 5 judges in the High Court in the boilermakers’ case in 1955, led by Sir Owen Dixon, then Chief Justice of Australia and probably the greatest exponent of the common law the world has ever known. [More…]
With 4 other justices including McTiernan, Fullager and Kitto agreeing with Dixon C.J., he described this as the autochthonous expedient. [More…]
It is pointed out that the Chief Justice of Queensland, His Honour Mr Justice Campbell had something to say on the point. [More…]
I have referred to His Honour the late Chief Justice Dixon who led the High Court when he described the unique Australian experience of the autochthonous expedient. [More…]
But neither from the point of view of juristic principle nor from that of the practical and efficient administration of justice can the division of the Courts into state and federal be regarded as sound. [More…]
I quoted Sir Garfield Barwick, one of the great lawyers of the country and now the Chief Justice of the High Court of Australia. [More…]
It is justice on the cheap, if you like. [More…]
A member of the New South Wales Court of Appeal, Mr Justice Bowen, a previous Attorney-General, supported it. [More…]
Mr Justice Windeyer had this terribly complex but fascinating problem, from the point of view of lawyers, which was posed by the fact that the man had been electrocuted in South Australia and that he had been driving a truck, the ladder of which had extended and come in contact with electric wires. [More…]
The founding fathers foresaw that a time would come when attempts would be made to create in Australia a national system of justice. [More…]
I remember the legal convention that was held in 1967 or earlier at which eminent counsel including Watson, Mr Justice Toose and others - the present Solicitor-General, I think, was one of those present - all pleading that the present division, this cheap autochthonous expedient, be brought to and end or, at least, phased out. [More…]
I venture to quote what Mr Justice Holmes said in the Supreme Court of the United States some time in the 1920s. [More…]
I say to the honourable member and other honourable members opposite that if they are seeking from me not favours but reasonable justice let them keep members of the type of the honourable member for Griffith from expressing in this Parliament views which are quite unprincipled, quite inaccurate and quite untrue. [More…]
I would think that if he reads the words that were uttered concerning this matter as they are recorded in Hansard he will examine them in the way in which the honourable member for Griffith has presented his case - with a sense of decency, with a sense of justice, without any venom and without any bitterness. [More…]
The Vienna Embassy has translated documents for both Mrs Weber and the appeal committee in Australia and has arranged for a number of these to reach the Austrian Ministry of Justice. [More…]
Does the Minister see any justice in a man who has been deserted by his wife and who has been left with 4 children to care for receiving no assistance under the social welfare program of the Labor Government? [More…]
There does not seem any logic or justice whatsoever in that. [More…]
They asked me about various social service problems and I put to them that in justice one of the great things required was to do something for the supporting father. [More…]
This Government intends to give social and economic justice. [More…]
However, when it comes to justice and fair play, a line of demarcation must be drawn somewhere. [More…]
One does not wish to see people escape from justice to another country. [More…]
It is ludicrous for the Government to suggest that the presentation of a flat rate of indexation of wages submission to the conference that is to be conducted by Mr Justice Moore represents a viable policy for wages. [More…]
It does him no justice and I pity the departmental writers who were forced to prepare it. [More…]
My colleague the Minister for Labor and Immigration will be tabling today the report of Mr Justice J. [More…]
For 5i years Liberal Party Governments have stalled on this question, which in February 1969 the present Governor-General, as a member of the Australian Industrial Court, Chief Judge Spicer and Mr Justice Smithers, recommended as matters for urgent consideration by the Australian, New South Wales, Queensland, South Australian and Western Australian governments. [More…]
Has the Minister for Overseas Trade received a letter signed by the Australian Council of Churches, Action for World Development and the Roman Catholic Church’s Commission on Justice and Peace requesting him to close Australia’s 2 trade commission offices in South Africa? [More…]
I quote the Federal Law Reports, Volume 15, the judgment of Chief Justice Spicer and Justices Smithers and Kerr in the case of Moore v. Doyle, given on 25 February 1969, and in particular I quote from the last paragraph of their Honours’ unanimous judgment: [More…]
I should like to ask the Minister for Labor and Immigration (Mr Clyde Cameron) whether he could let the House know when legislation flowing from the report of Mr Justice Sweeney might be before the House because, as we heard earlier this morning, it is an important matter and one that has gone forward for a long while. [More…]
The Government will be bringing in legislation to give effect to the report by His Honour Mr Justice Sweeney in the Budget session. [More…]
Next week another conference is taking place under the chairmanship of Mr Justice Moore. [More…]
I think Mr Justice Moore would be much better off without the Minister because then- [More…]
If what the Minister has said is equivalent to a statement that he himself will not be at the conference to be chaired by Mr Justice Moore, I think it augers well. [More…]
I think it would be better if this conference were to take place in a free atmosphere where no politicians were present and where the parties concerned, under the chairmanship of a notable chairman, Mr Justice Moore, can try to establish a wage fixation system which might give some better chance of industrial peace than that which we now have. [More…]
The Government seeks industrial peace in this community, but industrial peace based on justice and equity for all parties. [More…]
This was done in a ministerial statement delivered by Mr Justice Bowen, as he now is, then Attorney-General of Australia. [More…]
On 21 November 1968 Mr Justice Bowen, as Attorney-General at that time, introduced a Bill. [More…]
This is because the modern capitalist system is not only hopelessly ramshackled, in that it no longer conforms with its own theories, but also on those occasions when it does work it contains no mechanism for ensuring social and economic justice. [More…]
It is quite clear that the capitalist system as it operates in Australia is incapable of maintaining balance in terms of economic activity and is also incapable of providing social and economic justice without some involvement by the Government. [More…]
Also served was a Statement of Claim and a notice that the Court will be moved before the Right Honourable Sir Garfield Barwick, Chief Justice of Australia at the Court House, Darlinghurst, in the State of New South Wales, on the second day of August 1974 at the hour of 9.45 o’clock in the forenoon or so soon thereafter as counsel can be heard on the hearing of an application on behalf of Sir Magnus Cameron Cormack and James Joseph Webster for certain orders listed in the notice. [More…]
Further, although some commentators have also poured a bucket on these proposals, as the Minister is a fair man, not to say a statesman, would he arrange for these views to be drawn to the attention of Mr Justice Moore, since presumably only parties to the original wage hearing are in a position to. [More…]
The Government wm do justice to firms and individuals disadvantaged by Government decisions or other inevitable economic circumstances. [More…]
I do not know whether I am doing him justice. [More…]
The Liberal Party members were Sir Neil O ‘Sullivan; Sir Alexander Downer, son of one of the founding fathers of Australia’s Constitution, a Minister, later High Commissioner to Britain; Mr Justice Joske; and Senator Wright- now one of the opponents of this legislation. [More…]
We believe, in the words of the great Chief Justice Warren of the Supreme Court of the United States of America in 1964- [More…]
The issue surely is based on 2 facts or 2 studies, the first concerning the justice of the legislation, standing in its own right, and the second concerning the claim of the Government to it. [More…]
For electoral justice? [More…]
When the Prime Minister stood up here and lectured us, as he so often does, about democracy and about what that great Chief Justice Earl Warren said in the Supreme Court of the United States of America, he certainly did not advert to the Supreme Court case of February 1973 involving the State of Virginia. [More…]
Chief Justice Warren of the Supreme Court of the United States of America has been quoted today by the Prime Minister. [More…]
In his findings in one case in the Supreme Court of the United States of America, Chief Justice Warren said: [More…]
I have consistently said over the 10 years that I have been involved in organisational politics that I believe in electoral justice and I believe in electoral equality, as do the majority of Australians, but they need to be implemented with a degree of tolerance and flexibility. [More…]
My memory of that decision is that it certainly upheld that there should be electoral justice and it agreed to the necessity for tolerance. [More…]
That is not justice in any sense of the word. [More…]
That is the position now and it is what honourable members and honourable senators opposite call justice. [More…]
There may be still a few among them who are fair minded and honest in their approach to electoral justice. [More…]
Where is the justice in that sort of presentation? [More…]
Is there justice in the Senate being allowed to pass judgment on important issues which affect the every-day lives of the people of the Northern Territory when they cannot get a representative in the Senate’? [More…]
The justice of the electoral system is shown in that regard. [More…]
The men who wrote the Constitution were men of reason, men of justice. [More…]
Just as a matter of arithmetic, what justice is to be found in these figures: 240,000 Tasmanian voters elect 15 representatives to the national Parliament; 95,000 Canberra voters elect 2 representatives to the national Parliament; and 30,000 Northern Territorians elect one representative to the national Parliament? [More…]
It is based on equity; it is based on a sense of justice; it will ensure that every person in this community is covered for health insurance purposes; and, most certainly, it is based on a freedom of choice- a freedom to choose the private medical practitioner that one cares to use and a freedom to choose the type of hospital treatment that one cares to draw upon. [More…]
These Bills produce for the first time a system of health insurance incorporating the principles of social equity, justice and universal coverage which are not present and not possible under the present health scheme. [More…]
This legislation will improve health care in this country and will bring justice to it. [More…]
In 1962 Mr Justice Taylor brought down a judgment. [More…]
In my most academic language, I shall rephrase the whole statement and read from the document compiled by Mr Justice Taylor. [More…]
Mr Justice Taylor said, when he found out that he was trying to dodge taxation - [More…]
Mr Justice Taylor said: [More…]
This was signed by Mr Justice Taylor. [More…]
Thus a justice of the peace from anywhere- he might even be from Canberracan issue a warrant allowing the Authority to enter land to explore for or carry on operations for the recovery of minerals. [More…]
So, a justice of the peace, without knowing whether the land is occupied, authorises the Authority to prospect or mine. [More…]
A mere act of gazettal and ratification by a justice of the peace is sufficient to allow this Authority to move into and operate in any declared area. [More…]
No; although the note to the French Government did contain a reference to one matter not included in the Note to the Chinese Government, namely, the further disregard by the government of France of the order of the International Court of Justice dated 22 June 1973. [More…]
This pollution was the subject of litigation between the U.S. Justice Department and the Reserve Mining Company. [More…]
Again, he and his Government agreed readily in January last year’ to make available the services of Mr Justice Woodhouse as head of the Australian Government’s committee of inquiry into a national, compensation and rehabilitation scheme.. .There were frequent and cordial discussions between his ministers and mine. [More…]
In tabling the preliminary report I express my appreciation of the quick and effective way in which the Committee, under the chairmanship of Mr Justice Asprey, responded to my request for a preliminary report. [More…]
7 to have preceded this order of the day, I think, would have been a travesty of justice because I think the contents of that order of the day should come as a result of a committee report. [More…]
Indeed, the question does arise whether standing order 196 in itself is not an appropriate standing order to retain and whether it does not do justice to the problem of pecuniary interest. [More…]
I believe that what we are seeking to do is to bring about a situation in which, if one can slightly expand the expression, justice can not only be done but also be seen to be done. [More…]
Tomorrow I will be tabling the report of the inquiry conducted by Mr Justice Hope of the Supreme Court of New South Wales into the national estate. [More…]
Did the Special Minister of State issue a Press statement on academic salaries on 14 July last in which he stated that: … the Government had agreed that Mr Justice Campbell would undertake an interim review of salary levels of academic staff in universities. [More…]
Naturally, when the report was disallowed, Mr Justice Campbell felt it would be improper and inappropriate to proceed with any determination without statutory support. [More…]
For the information of honourable members I table 2 documents relating to the proceedings of Australia against France in the International Court of Justice, concerning the prohibition of further atmospheric nuclear tests at the French Pacific test centre. [More…]
In April last year, Dr Cass and I announced the appointment of a Committee of Inquiry into the National Estate, with Mr Justice Hope as Chairman. [More…]
The work of Mr Justice Hope and his Committee deserves the highest praise of this Parliament and all Australians. [More…]
I join the Minister in congratulating Mr Justice Hope and others on the Committee. [More…]
This is not a reflection on Mr Justice Sweeney. [More…]
Out of justice to a trade union official whom the honourable member for Gippsland implied was involved in this matter- I refer to the Acting Secretary of the Marine Cooks, Bakers and Butchers Association of Australasia- I seek leave to have incorporated his telegram to me dissociating his union from the alleged involvement in the levies and my reply to him of 9 September. [More…]
This Government supposedly is concerned with social justice- social justice to everybody other than the producers of this world. [More…]
If that is social justice, goodness only knows how the Australian Labor Party interprets any of its motives. [More…]
They can change the long standing goals that governments of their own political persuasion upheld; they can accept the goals but attempt to attach some special virtue to one particular form of production; or they can accept the goals and the economic reality and take what comes in the light of the position in the market place but ensure at all times that the farming community gets economic justice. [More…]
But it will be said, with some justice: What about the people who use their vehicles a lot? [More…]
We believe it is a most acceptable concept provided justice is done to all sections of the community. [More…]
This from the self proclaimed guardians of social justice and equity! [More…]
Within the next few minutes and immediately I concluded my speech I wrote out in my own handwriting the statutory declaration and I got a justice of the peace to sign it. [More…]
This is a matter which was considered in the late 1950s by a Senate committee and which currently is being considered by a royal commission conducted by Mr Justice J. [More…]
The honourable gentleman has asked me whether evidence of indemnity payments- I use his term- arises in any other industries I would extend the terms of reference of Mr Justice Sweeney. [More…]
So that the House may understand the nature of the industry and the difficulties that were involved in it I want to refer briefly to the judgment of the 3 justices concerned, Mr Justice Joske, Mr Justice Smithers and Mr Justice Frank! [More…]
Mr Justice Joske says, in part: [More…]
A little later in the judgment Mr Justice Joske said: [More…]
It was not only Mr Justice Joske; Mr Justice Smithers in his judgment had things of a similar nature to say. [More…]
Mr Justice Franki throws a slightly different light on some aspects of this particular case. [More…]
There is also further evidence in Mr Justice Franki ‘s judgment that the unions had demanded other payments. [More…]
It is a matter of history that Justice Evatt was prepared to hear those claims. [More…]
The President of the Conciliation and Arbitration Commission, Mr Justice Moore, agreed to allow the late Mr Justice Aird to undertake the inquiry. [More…]
The inquiry, however, has since been resumed under the chairmanship of Justice Elizabeth Evatt. [More…]
I refer to the findings of the Australian Industrial Court, which heard the case of the Master Builders Federation and the Australian Building Construction Employees and Builders Labourers Federation, in which His Honour Mr Justice Joske said: [More…]
But in his findings in the same case His Honour Mr Justice Smithers said, as reported at page 10: [More…]
Following the deregistration of the union about which we are speaking the High Court of Australia issued a writ against Her Honour Justice Evatt. [More…]
The High Court must be held in contempt in this case by the findings in the case of Australian Iron and Steel Ltd against the Illawarra Deputies and Shotfirers Association that was heard in Banco by Mr Justice Street, Mr Justice Owen and Mr Justice Herron. [More…]
As I was saying, in the case I have just mentioned before Mr Justice Street, Mr Justice Owen and Mr Justice Herron in the Banco court it was held in similar circumstances that contempt did apply where pressure was put on - [More…]
There was absolutely no justice in this decision because it had the disastrous effect of increasing costs and lowering productivity. [More…]
It is a result of consistent neglect by States which, to do them justice, did not have the finance for such huge enterprises. [More…]
It is in vain that non-metropolitan Australia looks for justice in this Budget. [More…]
We are very proud of the fact that we have introduced, after so many years, a social justice Budget. [More…]
It is one that gives justice to the vast majority of the people of Australia. [More…]
As a good example to show this is a social justice Budget I quote, for a start, the $500m restructure of the taxation scales to assist the low and middle income groups. [More…]
In regard to the social welfare and the social justice aspects of this Budget I refer to the great strides that are being made to overcome very important deficiencies in the educational and social welfare needs of our community. [More…]
That is the only sound social justice aspect which can possibly be applied. [More…]
Instead of that, we accepted this Budget- a Budget of social justice. [More…]
At least it has been prepared to stick to its guns and to bring in a Budget for social justice, which the honourable member for Fisher laughs at. [More…]
He does not want social justice, nor do the other members of the Australian Country Party, the representatives of the Pitt Street farmers. [More…]
This Budget proposes social justice. [More…]
The social justice of this Budget is evident right through it. [More…]
Our social justice program is driving many glaring inequalities into the corners of society and out of existence altogether, lifting the standard of humanity everywhere. [More…]
As the Leader of the Opposition said, these tactics were received by the Opposition with acclaim because of the justice that was associated with his administration. [More…]
The Australian public is becoming increasingly tired of the Government’s meaningless platitudes about social justice. [More…]
I was making the point- it is directly related- that the whole basis of the case put by the Deputy Leader of the Opposition was an argument of equity or justice. [More…]
Does the Government think that by performances such as this it can buy back the confidence lost by people it has betrayed, by putting up the honourable member for Chifley who, among other things, prattled about social justice. [More…]
If his definition of social justice is rampant inflation, crippling interest and record and untold misery I will have nothing to do with that sort of social justice. [More…]
The honourable member for Fisher and the Deputy Leader of the Opposition (Mr Lynch) referred to the fact that we are calling this Budget a social justice Budget. [More…]
What better could one do, I suggest, than to appoint His Honour Mr Justice J. [More…]
So we appointed Mr Justice Sweeney assisted by Mr McGarvie to study the problem and bring up a solution. [More…]
In the case of Mr Justice Sweeney, Mr Sweeney, Q.C., as he then was, the advocacy was really brilliant. [More…]
They are essentially, and in fact everything, that was recommended by Mr Justice Sweeney. [More…]
I place on record my deep appreciation of the work that Mr Justice Sweeney and Mr McGarvie did in this matter. [More…]
Mr Justice Sweeney in his report elaborates on the problems. [More…]
Mr Justice Sweeney in his report, which I know everybody has read from cover to cover, goes on to show how the effect of this position could undermine the whole award system of Australia’s industrial relations machinery. [More…]
Ernest Joske was the father of Mr Justice Joske who sat in this House with many of us for a number of years. [More…]
Firstly, I think it can be said quite clearly that no Minister in the history of this Parliament has brought more real social justice to the administration of the portfolio of social services or social security than has the present Minister. [More…]
Even though the honourable member for Mackellar fought in the same way for social justice in his own Cabinet, he was not able to gain, I might say, the support of the Treasury or of his Prime Minister to introduce such benefits. [More…]
He knew the injustices. [More…]
Last week, in South Australia, a Mrs Strattnan sought as a solicitor employed by the Australian Legal Aid Office in Adelaide to bring a case before Mr Justice Sangster. [More…]
It will destroy their dignity, their hopes, their aspirations and their natural desires for the social justice about which this Labor Government preaches but which in effect it denies. [More…]
We hear them talk about the Budget being a social justice and welfare Budget. [More…]
Mr Justice Else-Mitchell, in fact, has not been trained for the job. [More…]
Mr Justice Else-Mitchell has exhibited no knowledge of such matters. [More…]
Some very famous people have preceded Mr Justice Else-Mitchell in that position, especially during the last decade. [More…]
Mr Justice ElseMitchell will have to depend upon others for his advice and for his determinations. [More…]
Hitherto the Australian States could always rest assured that no matter what happened there was an opportunity to appeal to the Commission for justice and for the application of the principle of equality, which has been better preserved in various parts of Australia than in any other country. [More…]
I believe that quite clearly and obviously the appointment of Mr Justice ElseMichell as Chairman of the Grants Commission places at risk the position of States such as Queensland and South Australia. [More…]
I should like to pay tribute to the work of the Chairman of the Committee of Inquiry, the Right Honourable Sir Owen Woodhouse, D.S.C., of the New Zealand Court of Appeal, and to his learned colleague, the Honourable Mr Justice C. L. D. Meares, of the Supreme Court of New South Wales, who is also Chairman of the New South Wales Law Reform Commission. [More…]
These remedies have an important place in the history of social justice, but they are both inadequate and unnecessarily expensive. [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…]
The Tribunal will consist of only one man, the Chairman of the Remuneration Tribunal itself, Mr Justice Campbell, but assessors can be appointed, as they have been appointed in the past, and the procedure will be the same as for the full Tribunal. [More…]
The most recent case was the appointment of Mr Justice Campbell by the previous Government in September 1972 to conduct an inquiry. [More…]
So in July the Government asked Mr Justice Campbell to proceed with an interim inquiry pending the legislation being changed to provide for the permanent machinery. [More…]
Following that, I can well understand Mr Justice Campbell wondering whether he ought to proceed with his interim review. [More…]
Because of this doubt the Government decided early in September to give Mr Justice Campbell statutory backing and to advance this legislation. [More…]
Naturally, when the report was disallowed, Mr Justice Campbell felt it would be improper and inappropriate to proceed with any determination without statutory support. [More…]
Mr Justice Campbell’s report of last year has fixed up the situation to a certain extent. [More…]
I could point out to the House that the commencing salary for a tutor-demonstrator, as recommended by Mr Justice Campbell last year, was $5,500. [More…]
Therefore I hope that Mr Justice Campbell will proceed rapidly with an inquiry and that the Government will encourage him to do that, even if the Government discourages him from bringing in any recommendations about professors and readers. [More…]
It is important that the BUI be passed as quickly as possible because Mr Justice Campbell cannot go ahead until the Bill receives royal assent. [More…]
In this way, it may be possible for the Treasurer and his advisers to introduce a Budget the provisions of which would contain some semblance of sanity, responsibility and justice. [More…]
Because we have not that power we have had to pursue the process by means of the conference of unions and employers before Mr Justice Moore of the Australian Conciliation and Arbitration Commission. [More…]
Conference declares that co-existent with action by the Government along the above lines, the objective of the trade union movement to secure wage and salary justice would be pursued in the following manner [More…]
The great objective of the Labor movement was social justice based on the freedom of the individual. [More…]
Is it that he was asked to lead a team of inquiry to advise the Labor Party when it came to office 18 months or so ago about what was wrong with the spending patterns in terms of social justice and equity and about what was wrong with them as they had been laid down by the previous Goverment the conservative government- so that we could put the priorities right and so that we could do what I heard and what we all heard the honourable member for Eden-Monaro (Mr Whan) say with pride in his voice that we have done? [More…]
Was it this desire that prompted his Government to commence proceedings against France in the International Court of Justice to ban nuclear testing in the atmosphere? [More…]
I only hope that we give Mr Justice Nimmo some guidance in what we have already done in introducing this $2m subsidy. [More…]
Mr Justice Nimmo has gone overseas to study freight rates on the shipping service from mainland Great Britain to Ireland for the purpose of writing into his report what other countries are doing in this field. [More…]
Has the Minister’s attention been drawn to the reported statement of the Federal Vice President of the Transport Workers’ Union, Mr D. Carpenter, in the ‘Canberra Times’ of 7.8.74, referring to a decision of Justice Mary Gaudron of the Australian Conciliation and Arbitration Commission as a powder-puff decision by a powder-puff judge. [More…]
On the other hand, there is evidence of consistency in relation to justice in education and equity in taxation. [More…]
The Opposition does not believe in equity or justice either in taxation or in the equality of opportunity in education. [More…]
It wants to preserve inequality and injustice. [More…]
The conflict involved the now famous, or infamous, Moore and Doyle case in which Mr Justice Sweeney, then Mr Sweeney, Q.C., appeared for some part of the Transport Workers Union. [More…]
Instead he appointed Mr Justice Sweeney, and we have as a result the report of the committee of inquiry into co-ordinated industrial organisations. [More…]
It cannot by itself, and the Minister knows that it cannot by itself; Mr Justice Sweeney also knows that. [More…]
If the Minister were prepared to take 3, 4 or 5 weeks off to try to get agreement between the States, to get the necessary commitments from his friends in the Builders Labourers Federation and the Amalgamated Metal Workers Union, maybe he would get them to take the necessary voluntary action which Mr Justice Sweeney says they would need to take before effect could be given to these provisions. [More…]
The judgment of Mr Justice Fullager in the Hursey case some years ago, which is also partly quoted in the Sweeney report, might seem to indicate that clause 8, which seeks to amend section 139, could be of some doubtful constitutional validity. [More…]
I think that, in a sense, this is a fake provision because the judgment of Mr Justice Fullager would seem to indicate that no State law could modify a law passed properly by this Parliament and in accordance with this Parliament’s constitutional provisions. [More…]
The Chief Justice is on record as having said that it may be granted that a dispute solely between 2 registered organisations of employees, each of which is able by its own constitution to have members who follow the same trade or calling, as to which of them should be entitled to represent and protect the industrial interests of persons following that trade or calling, would not be an industrial dispute within the statutory definition. [More…]
It is probable that the proposals of the working party as outlined in paragraph 15 on page 18 would have been simpler than the proposals which Mr Justice Sweeney has put forward. [More…]
I should think that that would lead to some real problems because on page 43 of the copy of the report I have Mr Justice Sweeney said: [More…]
Here Mr Justice Sweeney refersthere was no mention of this by the Minister- to the problems of not being able to sue the nonincorporated State branch of a Federal organisation by naming the secretary as the person to be sued. [More…]
Mr Justice Sweeney says that this position can be met by the State machinery requiring as a condition of registration of a Federal branch that the organisation enter into a deed undertaking to pay to the industrial registrar- I believe that this would be the Federal industrial registrar- any penalty imposed in respect of a strike or lockout under the State Act and remaining unpaid for a period. [More…]
If that is the case the whole system of non-incorporated State registration proposed by Mr Justice Sweeney falls absolutely to the ground. [More…]
Mr Justice Sweeney on page 40 of the report to which I have referred points out 9 areas where substantial State legislation would be involved. [More…]
This again hinges on whether or not the rules for eligibility have to be the same and identical in each State and that also is open to that interpretation as can be seen from the Justice’s report. [More…]
That all words after ‘That’ be omitted with a view to substituting the following words in place thereof: the House is of opinion that the Bill should not be proceeded with until the Minister informs the House- (a) whether or not the Trade Unions would accept the conditions for non-incorporated registration of State branches as laid down by the Honourable Mr Justice Sweeney and (b) of the position of the States concerning proposed complementary legislation. ‘ [More…]
Moreover, its report was substantiated by Mr McGarvie, Q.C, the very person to whom the Minister turned when he appointed Mr Justice Sweeney. [More…]
As it happens, His Honour Mr Justice Sweeney came to much the same conclusions as the working party came to, but what is important is that the people who have to make the system work ought to have before them a package of legislation. [More…]
Although Mr Justice Sweeney is satisfied that his recommendations do not offend the Constitution, we would all feel on safer ground if the 4 States agreed that this was so. [More…]
Mr Justice Sweeney, in fact, at page 16 of his report recommended the solution adopted by this Bill, but it is surely relevant that this Parliament be sure that the New South Wales Parliament will pass complementary legislation. [More…]
On page 2 1 of his report Mr Justice Sweeney said: [More…]
What we have in this Bill is the option being exercised by Mr Justice Sweeney without there being any indication from the States that they are prepared to follow the same option. [More…]
On page 28 of his report, Mr Justice Sweeney says: [More…]
On the same page of Mr Justice Sweeney’s report, at paragraph 4, he highlights the need for more than mere complementary legislation by the States. [More…]
It was made quite clear to Mr Justice Sweeney in the course of his inquiry that in a number of cases persons who were not employers, for example, persons conducting their own businesses but not having employees, were enrolled as members of employer organisations. [More…]
Honourable members will recall that in his report Mr Justice Sweeney mentioned that there was an urgent need for persons engaged in business, particularly those who were engaged in small businesses but who were not employers, that is, the business was so small that they did not employ people, to have representation and the benefit of representation in matters such as prices, tariffs, customs duties and various other matters. [More…]
The amendment was included in Mr Justice Sweeney’s draft amendment to the Act and reference to it will be seen, if honourable members care to look, at page 50 of the Sweeney report. [More…]
If the Australian Registrar is to have this power which really allows the protection in the funding proposals of Mr Justice Sweeney to be overridden at the discretion of the Registrar, an alternative approach could well be for an appeal to be allowed to the appropriate tribunal concerning the Registrar’s decision. [More…]
The procedures of Mr Justice Sweeney for non-incorporated registration would fall down entirely, as the Minister has admitted, if the trade union movement is not prepared to accept this. [More…]
We would be better able to know whether this legislation would then have effect or whether the House, the Minister and Mr Justice Sweeney have been wasting their time. [More…]
It is ambiguous from Mr Justice Sweeney’s statement, whether he was referring to a State registrar or a Federal registrar. [More…]
But I would also suggest in relation to clause 5 of the Bill that while the proposals seem reasonably clear the way Mr Justice Sweeney has drafted them, and while in reading the clause it might appear that there will therefore be no problems, it is my understanding that the federally incorporated body is the only one that can in fact own property and that there could well be, as opposed to having a fund under the - [More…]
If I may enter into this fascinating debate, I notice that if one looks at Schedule C to the report of Mr Justice Sweeney this amendment is not suggested. [More…]
In that case, Mr Justice O’Connor said of section 58, the predecessor to section 136: [More…]
It is the view which His Honour Mr Justice Sweeney holds closely to and which Mr McGarvie Q.C. [More…]
This afternoon I referred to an opinion of the Chief Justice which casts some doubt on this clause. [More…]
It is as well also to refer to a passage from the case of Moore v. Doyle, which is reported in the Federal Law Reports, volume 15 at page 119, and which is also recorded in the report of His Honour Mr Justice Sweeney. [More…]
Mr Justice Sweeney set out from that judgment passages to which I will not refer. [More…]
I observe from reading the report of Mr Justice Sweeney, starting from page 28, under the chapter heading ‘Solution Proposed to the Present Problems’, that this is precisely the way in which he sees the solution to Moore and Doyle. [More…]
-I rise to defend the appointment of Mr Justice Else-Mitchell to the Grants Commission. [More…]
I also rise to partially defend Mr Justice Else-Mitchell himself. [More…]
The honourable member for Lilley said that Mr Justice Else-Mitchell is ‘a New South Wales judge’. [More…]
I think it needs to be said that Mr Justice Else-Mitchell is one of the most eminent judges in this land. [More…]
Mr Justice Else-Mitchell is the author and editor of many legal works, including a volume of essays on the Australian Constitution. [More…]
Apart from holding a wide range of public positions, including presidency of the Council of the Library of New South Wales, membership of the Archives Authority and the Library Board in New South Wales and Deputy Chancellor of Macquarie University, Mr Justice Else-Mitchell is also President of the Royal Australian Historical Society and Vice-Chairman of St Vincent’s Hospital in Sydney. [More…]
The honourable member for Lilley also said that he thinks that, as a result of the appointment of Mr Justice Else-Mitchell Queensland, as a claimant State to the Grants Commission, is going to suffer. [More…]
If one examines the reports with which Mr Justice ElseMitchell has been particularly associated- the one on land tenure which was tabled in this House in November 1973 and the one of the royal commission into local government ratingand if one takes into account his other skills and appointments as well as his position on the Federal-State financial relations body, and if one also takes into account that the Grants Commission has had its charter amplified considerably by the Labor Government to incorporate the making of topping-up grants to local government, I think one must come to the conclusion that his appointment is eminently suitable. [More…]
I refer to Mr Justice Sweeney and Mr R. St. John, Q.C. [More…]
The right to strike is one of the prized and protected rights of the Australian worker, but only when negotiations have failed and there are no other weapons open to the worker to pursue the justice he seeks. [More…]
It is concerned with a case in South Australia in which Mr Justice Sangster has held that as the lawyer concerned was not acting as a principal on behalf of the applicant in the sense of being entitled to receive or retain any fees for her attendance because she was being paid by the Australian Government she had no right of audience. [More…]
Honourable members who read the ‘National Times’ 2 weeks ago and read the current issue will have noted an article written by Mr Staples, barrister-at-law in Sydney, who made certain accusations against the justice system in New South Wales. [More…]
There was a reply from Mr Maddison, who is Minister for Justice in [More…]
It is interesting to note here that this was taken by Mr Maddison to be a reply to a considerate case dealing with the administration of justice in the State of New South Wales. [More…]
It may be relevant to state here, because I was on the Council for Civil Liberties in New South Wales since its inception until last year, that the New South Wales Government has seen fit to appoint at least 3 members of that Council- just quickly I shall recall them by name: Mr Justice Hope, Mr Justice Holland and Mr Justice Martin- to very high judicial offices in New South Wales. [More…]
I was pleased when Mr Justice Jacobs was appointed to the High Court during the last year, I think it was. [More…]
It has produced a climate in the Pacific in which political, social and economic advancement (including ideals of justice and democracy) has been able to take place undisturbed and unhindered by pre-occupations with security problems. [More…]
Mr Justice Else-Mitchell will replace Sir Leslie as Chairman of the Commission. [More…]
The new chairman is Mr Justice Else-Mitchell. [More…]
Therefore, there is some validity in saying that the reasons should be made available if justice is to appear to be done. [More…]
I would think that that test would be too severe for justice to be served. [More…]
Recommendations were made on the National Estate by a committee of inquiry into it led by Mr Justice Hope. [More…]
I see no justice in the fact that a man who died of a heart attack 5 minutes after returning home would not be covered by compensation but if he had died from the same complaint 5 minutes earlier while on his way home from work he would be covered by workers compensation. [More…]
I can see no justice in a boy or young man who sustains some injury playing football and who becomes a paraplegic or a quadraplegic- all of us have known examples of this happeninggetting no compensation whereas a young man who arrives at work virtually drunk and who, because of his own indiscretions, injures himself and becomes a paraplegic or a quadriplegic would be covered by workers compensation. [More…]
Under the present system there are delays - sometimes inordinate delays- in people seeking justice. [More…]
One would look at that as being some additional punishment that one has to suffer to get justice. [More…]
I am not happy about the large amounts that go in legal fees in the course of people seeking justice in compensation for injury or sickness. [More…]
But where is the justice, if we say that we are concerned in this country about the human race, in a person born with some hideous congenital disability not being compensated for it? [More…]
Does it achieve justice? [More…]
Does the elimination of the right to receive lump sums of money in certain cases bring justice? [More…]
Is there any supporter of the Government who claims that there is justice in that provision? [More…]
Mr Justice Woodhouse has suggested that it will cost a minimum of $ 1,600m when in full operation. [More…]
The situation in New Zealand, which is the country from which Mr Justice Woodhouse came and in which he acquire i his knowledge of this subject, provides a very good example. [More…]
Mr Justice Woodhouse headed a royal commission into compensation in that country in 1967. [More…]
Mr Justice Woodhouse was appointed to conduct the inquiry in Australia in about April 1973. [More…]
Does the Government- I understand it does- intend to press ahead with its Australian Government insurance office and move into general insurance and life assurance in a way in which I believe it is actually happening in New Zealand so that instead of this proposition being a social justice measure it is a blind for a general take-over of the insurance industry in total? [More…]
As of Monday night most of the people there- leading people in the Australian insurance industry- had not been able to obtain a copy of the third volume of the Woodhouse Committee’s report, which is most important from their point of view, to see how accurate were the figures presented by Mr Justice Woodhouse. [More…]
Mr Justice Woodhouse has suggested a 10c a gallon levy on petrol to replace the third party component and a 2 per cent levy on the wages bills of employers and a 2 per cent levy on incomes of the selfemployed. [More…]
As my colleague from Hawker pointed out, Mr Justice Woodhouse made no mention of them. [More…]
It should not fail to overlook the necessity for justice in its implementation. [More…]
We do not do justice by ourselves in this House. [More…]
His Honour Mr Justice Woodhouse at paragraph 32 of the report made this observation: [More…]
As I said earlier, the fact that those submissions were heard by Mr Justice Woodhouse and Mr Justice Meares does not mean that some submissions should not still be made to parliamentarians because I would hope that our attitude is different from, or at least is not necessarily the same, as that of lawyers or judges. [More…]
There were 163 overseas experts who were examined by Mr Justice Meares and members of the research staff in a large number of countries- 4 in Austria, 23 in Canada, 6 in the Federal Republic of Germany, one each in Finland, Norway and the Netherlands, 39 in New Zealand, 40 in the [More…]
I can well remember the now Chief Justice of the High Court of Australia going around Australia getting opinions, attending public meetings, receiving submissions and sifting through all of the evidence and material on that subject. [More…]
Mr Justice Woodhouse and Mr Justice Meares say: [More…]
What is meant by ‘justice’ in this context. [More…]
How is justice measured in a case like this? [More…]
That is a fundamental measure of justice in this scheme as compared with what people may already receive at common law or by way of workers compensation. [More…]
But justice surely in large measure is what the injured or sick person will receive at the hands of the community. [More…]
There is in very significant areas an absence of justice in the sense that what people will receive under this scheme will be less than they can receive at law at present. [More…]
If the House is to do this Bill justice it will take many hours and perhaps days to do that. [More…]
This is some of the most important and far-reaching legislation that we have ever had and we cannot, injustice to ourselves, rush it through. [More…]
One was Mr Justice Woodhouse of the New Zealand Court of Appeal, who also had experience of the New Zealand precedent, and the other was Mr Justice Meares of the Supreme Court of New South Wales, one of the most experienced lawyers one could find. [More…]
The real issue is this: The Minister for Repatriation and Compensation encouraged Mr Justice Woodhouse to speak to members of the Opposition who were interested in the matter. [More…]
-Well, the honourable member for Moreton asked what it meant and what it meant is this: When Mr Justice Woodhouse met Senator Greenwood and others who were interested in the matter, including the honourable member for Wentworth (Mr Ellicott), some time ago I imagine that these matters would have been discussed in a cool, impartial atmosphere. [More…]
On that basis, Mr Justice Woodhouse met IS members of the Liberal Party and the Liberal Party Welfare Committee some time ago. [More…]
On page 52 under the heading of ‘ Wildlife and National Parks’, which comes under section 7, ‘Culture and Recreation’, an amount totalling $9.9m, including $9m to the States, has been set aside for the acquisition of land for nature conservation; a further $8m has been set aside to help the States preserve the national estate in accordance with the recommendation, I suppose, of the report of Mr Justice Hope. [More…]
I think the Minister should take note of that, because he would do himself a great deal of justice if this was given some prominence and he would also do some justice to his Department. [More…]
This Government seeks to give effect to its policies of greater social justice, more expenditure of money on education and increased spending on welfare and social services, within the constitutional framework. [More…]
The Interim Committee for the Australian Schools Commission, known as the Karmel Committee, freely acknowledged that it could not do full justice to all the ramifications of the problem of special education in the 5 months it had available for the preparation of its report and recommendations for 1974-75. [More…]
What I am asking for is that every effort be made as quickly as possible to ensure that a better system is introduced so that we can get to the stage where even if justice is being done to the person concerned- and I accept the fact- justice may be seen to be done. [More…]
I believe that the Government should consider allowing some degree of flexibility so that justice can be done. [More…]
They include growth centres such as that to be administered by the Albury-Wodonga Development Corporation; the Cities Commission; area improvement programs; the regional groupings of local government; the Glebe renewal project; the Rocks project; land commissions to develop and stabilise the price of housing sites; the inquiry by Mr Justice Else-Mitchell into land tenures; the national sewerage backlog reductions program for which $30m was provided in 1973-74 and for which $103m is provided in the current Budget; the inquiry by Mr Justice Hope into the national estate; the Grants Commission; and the national program for urban and regional development. [More…]
Perhaps the most overt political appointment of the lot was the appointment of the present Chief Justice of the High Court, who was becoming a threat to the then Prime Minister, who felt that his own position was in jeopardy. [More…]
Those remarks were made by Mr Justice Sweeney. [More…]
The Government has also actively promoted the cessation of nuclear testing through bilateral representations, through its activities in the United Nations and through the action it has taken in the International Court of Justice against French testing in the atmosphere. [More…]
What justice or reason is there in that? [More…]
Can I depend on your support for humanitarian justice? [More…]
Then the public would be satisfied not only that justice was done but also that justice appeared to be done. [More…]
I am very pleased to see that Mr Justice ElseMitchell has been appointed as Chairman of the Grants Commission. [More…]
Mr Justice Else-Mitchell has spent a lifetime of investigation into the finances of local government, particularly in New South Wales. [More…]
Surely it is the basis of all justice that if individuals or individuals and governments cannot agree on a matter then there is always a supreme court or, finally, the High Court available to settle the issue. [More…]
To think that some person on the authority of the Minister can go all over another person’s land and value it and that that person in the event of not being satisfied with the valuation has no right of appeal is, we believe, intolerable and not consistent with British justice. [More…]
The anonymity of discussions in the jury room is something that is essentially basic to the administration of justice in Australia and comes to us through tradition from the United Kingdom. [More…]
The High Commissioner will have responsibility for the appointment of the Chief Justice and such other judges and acting judges as are required and for other decisions relating to the qualifications of judges and to the tenure of judges’ appointments. [More…]
Mr Justice A. E. Woodward presented his second report in May of this year, and the Government accepted its recommendations in principle. [More…]
Mr Justice Woodward suggested that such funds should be seen as providing compensation in the form of useful land to those Aborigines who have lost their lands. [More…]
I hope they speed through both Houses and become law in this country as quickly as possible because democracy is based on the justice of systems such as the electoral system and this is far more just than any previous system. [More…]
I think the reason for their exclusion and the Government’s wish to race this Bill through the House in the guise of electoral justice is really electoral advantage. [More…]
I think that the honourable member for Murray (Mr Lloyd) has already categorised the electoral injustices of the first past the post system. [More…]
What sort of electoral justice is that? [More…]
To compel people to vote and then to reduce their opportunities for casting their votes is, I think, an extremely odd form of electoral justice. [More…]
If that is not the intrusion of a lopsided approach and an injustice, I want to know what is justice in this country. [More…]
I know also that the Treasurer (Mr Crean) has a sense of social justice about these matters. [More…]
The decision to establish this body flowed from recommendations made by the Hon Mr Justice W. B. Campbell in his 1973 inquiry into Academic Salaries. [More…]
The office which U Thant held has been described with justice as the most impossible job in the world. [More…]
The Whitlam Labor Government set up an inquiry under Mr Justice Hope of the New South Wales Supreme Court to inquire into the national estate. [More…]
The Government’s belief in social justice, which has been demonstrated by massive inputs to our social welfare program, opens up the possibility of programs such as this leading to a diminution of the problem through the rehabilitation of this group of the socially disadvantaged. [More…]
It was not until this Government came into office that these anomalies were removed and justice was introduced. [More…]
I made a similar announcement on behalf of my Party when I led for it in resuming the debate on the second reading of Mr Justice Joske’s Matrimonial Bill on 1 May 1957. [More…]
I cannot tell the honourable member the year but I indicate that it was Latham, Chief Justice, so at least it was prior to the Labor Government. [More…]
It is pleasing to see the Government moving ahead with some of its initiatives and perhaps taking a bolder approach than the former Government did in achieving some justice for the [More…]
I think it was Mr Justice Blackburn in his deliberations on the Yirrkala case who put it in those terms. [More…]
Finally, Mr Speaker, may I ask you whether you will accept my assurance that, whereas the honourable member for Mackellar seeks nothing but justice for himself in this matter I, in the final result, ask you whether you will entertain on his behalf clemency for Christmas. [More…]
Paterson, do not do justice to them. [More…]
There would perhaps be some poetic justice in it, were it not such a threat to the stability of the whole Western world. [More…]
This assurance can now be given and will be on the basis of a longer term lease until such time as the report by Justice Else Mitchell on land tenure is available, when a firm full term lease will be substituted. [More…]
We feel that this amendment gives greater justice to those people who may be concerned in the event of a public notice being issued to let the public at large understand what is in mind. [More…]
Will the Prime Minister assure the House that if there are unusual circumstances surrounding any particular member of staff, perhaps that matter might be referred to the Royal Commission now inquiring into security and to which he has appointed His Honour, Mr Justice Hope, currently to inquire? [More…]
The Government has adopted the principle, and much has been made of it in this House in relation to the Industries Assistance Commission, that in granting assistance to industry there must be public investigation, inquiry and report so that justice is done and seen to be done in the public arena. [More…]
If justice and sanity prevailed in these matters, we would have expected a fair go at last for our legislation. [More…]
We have introduced our national compensation scheme based on the comprehensive report of Justices Sir Owen Woodhouse and Meares. [More…]
We have accepted in principle the report of Mr Justice E. A. Woodward on land rights for Aborigines. [More…]
The Prime Minister then returned to domestic issues and we were told that the Labor Party had discovered the magic key to wage justice- wage indexation. [More…]
In accordance with Mr Justice Woodward’s recommendations at paragraph 629 of the second report of the Aboriginal Land Rights Commission, no new exploration licences over Aboriginal reserves will be granted until 1977. [More…]
He is also the first Australian to appear before the International Court of Justice. [More…]
Outside his legislative record Mr Murphy has been responsible for the establishment of the Australian Legal Aid Office and the conduct of the nuclear test case before the International Court of Justice. [More…]
The amendments permit an Aboriginal or Islander to terminate the management of his property by notice in writing witnessed by a justice ofthe peace. [More…]
The present Queensland law provides merely for an appeal to a district officer and to a visiting justice. [More…]
Mr Justice Sheppard made it quite clear in his decision that his court had no legislative authority to give such a decision. [More…]
The Committees were set up by our predecessors- in 1956 on the motion in this House of the then Prime Minister, Mr Menzies as he then was, and reconstituted in 1958 on the motion of the then Leader of the House, Mr Holt, and reconstituted again in 1959 on the motion of the AttorneyGeneral and now Chief Justice of Australia, Sir Garfield Barwick. [More…]
Time and time again the quality of the justices of the High Court and the excellence of their legal learning have been extolled by English-speaking lawyers- indeed, by members of the Judicial Committee of the Privy Council. [More…]
Last year the former Lord Chancellor, Lord Hailsham- the second Lord Hailsham of that name- made a visit to Australia for the specific purpose of attending the 150th anniversary of the proclamation of the Charter of Justice of New South Wales, by which the Supreme Court of that State was constituted. [More…]
Sir Robert Menzies’ Government in 1964 appointed as Chief Justice, presumably on the nomination of the then Attorney-General- the present Leader of the Opposition- a right honourable gentleman who had 2 months before ceased to be AttorneyGeneral. [More…]
Sir Robert Menzies as AttorneyGeneral in 1935 nominated as Chief Justice Sir John Latham who had vacated the AttorneyGeneralship for Sir Robert Menzies. [More…]
Earlier, Attorney-General Isaacs recommended himself, or the Government of which he was a member recommended him, as a Justice of the High Court and at the same time recommended that former Attorney-General Higgins should be a Justice of the High Court. [More…]
The following AttorneysGeneral have been appointed Lords Chief Justice: Lords Chief Justice Alverstone, Reading and Hewart. [More…]
Attorney-General Somervell was appointed a Lord Justice of Appeal. [More…]
Perhaps I can conclude with this reference by Sir Robert Menzies to the former Attorney-General, Sir Garfield Barwick, on his appointment as Chief Justice: [More…]
It could ensure that justice would be available to parties affected by decision of the Government and the Commission. [More…]
This Bill is a logical extension of a private member’s Bill introduced by one of my predecessors as member for Balaclava, now Mr Justice Joske. [More…]
An objective test has to be applied to decide that on reasonable grounds a person cannot be expected to live with the other party, and the ground rules establishing the grounds must be based on fairness, justice and the object of saving the marriage rather than destroying it. [More…]
When the marriage has broken down, the place of the law should be to extend the principles of common law to provide justice to the parties and to the children of the union. [More…]
I believe there is common agreement across society that any law affecting marriage, divorce and the family should meet 2 fundamental standards: Firstly, it should strengthen, rather than weaken, the stability, integrity, and happiness of marriage and family life; and, secondly, where the misfortune of dissolution of marriage does occur, the law and its administration should ensure that divorce proceeds with justice to all parties, and with safeguards to the dignity and due privacy of all concerned. [More…]
It should be very clear that the only politicians suited to be justices of the High Court, according to the Liberal and Country Parties, are those with former membership of the Liberal-Country Party coalition or its predecessors. [More…]
Let us look at those who have held the position of Chief Justice, the highest legal position in the land. [More…]
There have been seven: Chief Justices Griffith, Isaacs, Gavan Duffy, Knox, Dixon, Latham and Barwick. [More…]
The list includes such distinguished persons as the Right Honourable Sir Garfield Barwick, Chief Justice of Australia; the Honourable Sir Howard Beale; the Honourable D. A. Cameron, the Honourable F. C. Chaney; and the former member for part of the area which I now represent in this House, Mr F. J. Davis. [More…]
Murphy would not have been acceptable as a High Court justice. [More…]
On the point of order, whilst technically the Honourable Lionel Murphy is not yet a High Court justice, I think the proprieties which are normally observed in this House should be followed in this case. [More…]
Mr Justice McTiernan, who was a member of Parliament, was appointed to the High Court under what must be considered to be controversial conditions. [More…]
I can remember a case- I do not have the name of it- in which Mr Justice Mcclemens of the Supreme Court of New South Wales drew attention to this very matter because the whole thing rests on this fault basis. [More…]
But Mr Watson knew that, in a case which came before Mr Justice Selby in Sydney more than a year earlier, that right was given on the interpretation of the present Act and that right has been given subsequently throughout the State. [More…]
I need to mention one other matter in this regard before I come to what would be the power house of the Bill and those sections of it which require sensitive matters of justice and fairness to be implemented. [More…]
Divorce is a dreadfully sad thing, and if it is to be dealt with it has to be dealt with in terms of sympathy, firmness, fairness and justice. [More…]
What the members of this House have to ask in their sense of justice is: Is that a fair proposition? [More…]
The honourable member for Moreton with his great sense of justice and knowledge agrees with that. [More…]
What the honourable members in this chamber W111 have to decide is what is their sense of fairness and their sense of justice in that situation. [More…]
Are honourable members going to say that that is divorce with justice? [More…]
To bring in a Bill that adopts as the ground for causing the divorce something that is artificial and unreal is, I suggest, not doing justice and is sure to cause harm. [More…]
One cannot avoid the consideration of the unfortunate behaviour of spouses and at the same time do justice. [More…]
I believe that if that clause were adopted there would be a general ground of irretrievable breakdown that could meet the injustice to which I and previous speakers have referred. [More…]
I know that it is a qualitative and subjective judgment that each of us must make on this matter, but I do not feel that the provision of one year’s separation does sufficient justice to the institution of marriage. [More…]
Justice takes a hammering. [More…]
The third thing is that the injunction proceedings, because they must become so crucial in getting any justice done under the terms of an unjust Bill, will be the downfall of any effort to get the costliness out of matrimonial causes. [More…]
Injunction, the path to some effort at justice in an essentially unjust Bill, will call for high legal skill within the framework of this legislation. [More…]
A spokesman for the Family Law Court Registrar said this week: ‘Mr Justice Waddell and Mr Justice Yeldham each will hear about 200 divorce petitions a week. [More…]
He then went on to refer to a case which was decided before the New South Wales Supreme Court in November 1974 by Mr Justice Shepherd and he concluded by saying: [More…]
A declaration that the defendants may not lawfully require of their respective members, by reasons of the determination of His Honour Mr Justice Ian Shepherd, made on 21 November 1974, that the said members pay contributions in excess of those determined by the Minister for Social Security on 28 July, 1 974. [More…]
By what basic law of natural justice or common sense should the Australian people be required to elect half the Senate from time to time but at times different from the times when they elect the House of Representatives. [More…]
This Bill finishes a movement which was begun some 8 years ago by a distinguished colleague of mine, the then honourable and learned member for Parramatta now the Chief Judge in Equity in New South Wales, His Honour Mr Justice Bowen. [More…]
Speaking in this House in 1967 at the dispatch box, close now to the elbow of my friend the honourable and learned Attorney-General (Mr Enderby), His Honour Justice Bowen in a ministerial statement which was the commencing movement now to be culminated in this Bill said: [More…]
When my former learned and distinguished friend Mr Justice Bowen spoke in this Parliament the ‘Sydney Morning Herald’ of Friday, 8 September 1967 observed: [More…]
The story is attributed to one of the founders of the Australian Constitution, Sir Josiah Symon, that Lord Westbury one day encountered Sir William Earl, the Chief Justice of Common Pleas in London. [More…]
No person, no man, no woman, can go before that court fearful that justice will not be done. [More…]
Such a situation could complicate the operation of law in this country and militate against the effective administration of justice. [More…]
Sir Owen Dixon, then Mr Justice Dixon, spoke on this subject at the law conference in Australia in 193 1. [More…]
As far as CommonwealthState matters are concerned, I think this matter needs to be seen in the light of the recent appointment of Mr Justice Murphy and in the light of the continued suspicion- a natural and justified suspicion- by the States of the abuse and exercise of centralised power by this Government. [More…]
I make the final point that it is also rather strange that only last Tuesday in this Parliament the Prime Minister, in his statement to the House, made a comment pertaining to the International Court of Justice. [More…]
Honourable members should know that I took advantage of my visit to The Hague- the city in which the International Court of Justice is based- to refer our warm support for the principles and objectives of the International Court and to give greater attention to the Court as an instrument for world peace and harmony. [More…]
As a matter of fact, some small steps were taken in this direction by Mr Justice Bowen in 1968 when he was the Attorney-General. [More…]
He used the same argument in respect of the abolition of appeals from both those jurisdictions, speaking, as the honourable member for Bennolong (Mr Howard) has mentioned, about the flowering of the Common Law, how its growth may be stunted in Australia if these appeals to the Privy Council are maintained, speaking in high terms of the eminence of the High Court of Justice in the Common Law jurisdictions of the world. [More…]
-In this adjournment debate I should like to raise the matter of the propriety of the appointment of the Honourable Mr Justice Murphy, as he now is, to the High Court of Australia, and also the matter of the propriety of the decision by the Government of New South Wales in respect of the appointment of a person to fill the casual vacancy created by the elevation of His Honour Mr Justice Murphy. [More…]
I refer to that ‘Address to the Nation’ particularly because the Prime Minister called in aid his concept of democracy and his concept of what the Constitution of Australia required in the filling of this casual vacancy created by the elevation of Mr Justice Murphy. [More…]
Let us take first the appointment of His Honour Mr Justice Murphy to the High Court. [More…]
Appointments of justices to the High Court are by the GovernorGeneral of Australia in Council. [More…]
So, it was on the Government’s advice that the Governor-General appointed Mr Justice Murphy. [More…]
So, whatever the private or political opinions of members of the Opposition or the people of Australia as to the elevation of His Honour Mr Justice Murphy to the High Court, whatever might be the private or political opinions as to what the Government of New South Wales proposes to do, no criticism can be made of either of those acts in terms of the Constitution of Australia. [More…]
In the limited time left I say that Mr Tom Lewis has every reason to be frightened at the appointment to the High Court of ex-Senator Murphy, now Mr Justice Murphy. [More…]
The Attorney-General of the day, who it might be worth noting is now the Chief Justice- not the Chief Justice, but a justice of the High Court; I hope that the other step never eventuates- just washed his hands of the matter. [More…]
If I remember correctly, he made the comment that he hopes that that judge never becomes the Chief Justice of this country. [More…]
I can tell the honourable gentleman, in passing, that that judge of the High Court probably has more chance of becoming the Chief Justice of the High Court of Australia than the honourable member has of becoming Prime Minister of Australia, although the honourable member is working at that. [More…]
A little further we find that Mr Justice Robinson asked this question: [More…]
On a question from Mr Justice Moore, Chairman of the Conference, as to whether the Conference saw any practical problems in allowing agreements to continue until replaced- as opposed to the provisions in this Bill- employer and employee representatives saw no difficulties in so doing. [More…]
-Last night during debate on the motion that the House adjourn I spoke of the constitutional propriety of the appointment by the Governor-General of Australia on the advice of the Government of the Commonwealth of Australia of His Honour Mr Justice Murphy to the High Court. [More…]
I also spoke of the constitutional propriety of the proposal of the Government of New South Wales to act in accordance with the requirements of section 15 of the Constitution in having a joint sitting of the 2 Houses of the New South Wales Parliament to select a person to fill the casual vacancy created by the elevation of His Honour Mr Justice Murphy. [More…]
In the same context the Prime Minister referred to the fact that this century 12 English AttorneysGeneral had been appointed Lords-Chancellor, Lords-Chief Justice or a Lord- Justice of Appeal. [More…]
I notice that in an article in today’s edition of the Sydney ‘Sun’ Sir Mellis Napier, former Lieutenant-Governor of South Australia and former Chief Justice of the South Australian Supreme Court, is quoted as saying that the appointment of a judge to the High Court ought not to be treated as a matter of political expediency but as a question in which the whole of Australia had a keen and vital interest. [More…]
Normally matters of this kind are not permitted to be said in this Parliament against a justice of the High Court. [More…]
The situation is that many months ago the industry asked for money to be made available on commercial terms, but at the present time what the industry is requesting- and what we on this side of the House submit it is entitled to- in strict justice and in distributive justiceis at least $50m initally, with more to come, depending on the way the situation progresses and on the way the season develops, at a rate of interest consistent with the predicament in which it finds itself. [More…]
I ask the Prime Minister whether any of the 4 States have acted on Mr Justice Sweeney’s recommendations for meeting the situation, which were included in his report tabled on 1 August last, and whether any of them have passed legislation to complement the Act passed by this Parliament 4 months ago. [More…]
It is disturbing and deplorable that no Liberal or Country Party Government has yet introduced any measures which the Industrial Court 6 years ago said were urgently needed and which Mr Justice Sweeney drafted 7 months ago. [More…]
Accordingly, a year ago the Government appointed Mr Justice J. [More…]
-I rise to compliment Mr Justice Murphy, the AttorneyGeneral, and the Government for the introduction of this comprehensive Corporations and Securities Industry Bill. [More…]
Now, where is the sense of justice? [More…]
Finally, if the evidentiary provisions of the law militate against a successful prosecution, I wonder whether it is proposed by the South Australian Government to amend the aw so that future public frauds can be brought to justice. [More…]
The Commission has to abide by rules of natural justice. [More…]
One was the former Chief Justice and Lieutenant-Governor of Victoria, Sir Edmund Herring. [More…]
Edmund Herring’s retirement Mr Justice Starke, a returned soldier and a member of the Victorian Supreme Court. [More…]
It must be said and repeated that British justice requires a man to be presumed innocent until proven guilty. [More…]
The British Government has been told by Mr Justice Murphy, as he now is, that the Australian Government will co-operate fully with the British Govenment in extradition proceedings, even to the point that contrary to general tradition if a first application for extradition failed the Australian Government would not raise any veto against a subsequent application or applications. [More…]
In a situation of conflict of that sort, with its obvious breach of natural justice, the prerogative writs obviously would be applicable. [More…]
As I read the language of clauses 40, 41, 42 and 43, a situation is being created that is consistent with the best principles of natural justice. [More…]
That measure, when it comes in, will seek to give effect to the recommendations of the Bland Committee report on the best way in.which to achieve- dare I use the word- justice in situations of this kind. [More…]
The danger of it, of course, is not that they abuse their position sometimes; the danger is that they are sometimes seen to be abusing their position, that justice just is not seen to be done. [More…]
This search warrant can be secured by making application to a justice of the peace. [More…]
In no way whatsoever do I seek to reflect upon probably one of the oldest judicial offices known to our system of law, but to be able to secure a search warrant in these circumstances from a justice of the peace is something from which I must confess, instinctively, I resile. [More…]
I have obtained it from the justice of the peace. [More…]
Such a code offends my sense of justice and compassion . [More…]
As was observed, from the place where the present Attorney-General (Mr Enderby) sits at the table, by one of his most distinguished predecessors, the now Chief Justice of the High Court of Australia, Sir Garfield Barwick, a very great Australian and a very great judge, when he introduced the Matrimonial Causes Bill, now the Act 1959-1 can recall him standing at that dispatch box and saying: ‘It is not of the nature of human nature to have the saintliness of Hosea’. [More…]
If divorce is recognised in our society, the responsibility of lawmakers must be to devise and place on statute the means whereby such breakdowns are dealt with in terms of human dignity and common justice. [More…]
But I ask: Is there any justice in a situation like that? [More…]
Under clause.101 the court shall forbid the asking of or excuse a witness from answering a question that it regards as offensive, scandalous, insulting or humiliating unless the court is satisfied that it is essential in the interests of justice. [More…]
It is the duty of this Parliament to make good laws- laws which will protect the weak and provide justice for the whole community. [More…]
Recently I had the opportunity of reading an address given by Mr Justice McClemens, Chief Judge in Common Law of the Supreme Court of New South Wales. [More…]
As a community, does our philosophy of life take into account that, above all others, children require justice and that so many children are the victims of irreversible injustice? [More…]
Children are the victims of irreversible injustice if they are deprived of parents, love, security, discipline and the opportunity to be children. [More…]
That being so, that it would also serve justice in a goodly number of cases should prevail. [More…]
I can see little justice and little reason in that kind of amendment or in that kind of approach to the problems of human relationships between a man and a woman. [More…]
On 17 November 1960 his words as recorded in Hansard, referring to the then Attorney-General, now Chief Justice of the High Court, Mr Barwick, as he then was, were a truculent runt’. [More…]
I just cannot see the justice in that. [More…]
Let that be said in justice to the unions. [More…]
It is helpful to go back over the salaries of justices of the High Court since 1969. [More…]
On 14 June 1969 the salary of the Chief Justice of the High Court was altered from $24,000 a year to $30,000 a year and the salary of justices of the High Court from $2 1 ,000 to $27,000 a year. [More…]
On 1 April 1973 the salary of the Chief Justice was altered from $30,000 to $39,000 per annum. [More…]
On the same date the salary of justices was altered from $27,000 to $35,300. [More…]
Under this measure the Chief Justice ‘s salary will be altered from $39,000 to $45,000 and the salary of justices from from $35,000 to $41,000 a year. [More…]
The first one is this: At 14 June 1969 the salary of a High Court justice was $21,000 a year. [More…]
In other words, the salary of a High Court justice was less than that of a departmental head. [More…]
In 1973 the Remuneration Tribunals Act was passed following the report of Mr Justice Kerr, which was delivered towards the end of 1971. [More…]
The Chairman of the Expert Group, Mr Justice Meares, summed up the position very well when speaking recently in Albury-Wodonga. [More…]
The Bill itself recognises this in clause 75(2 )(n) which provides that in respect of maintenance the court must take into account any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
But, on balance, the interests of justice, dignity and happiness will be better served by the new legislation than by clinging to the discredited and defective status quo. [More…]
They have not sought to bring the justice of their case to us, but they have done all sorts of things including denigrating the church, denigrating tradition and denigrating principle. [More…]
There are 2 views on it- the view expressed in the 1930s by His Honour Mr Justice Evatt and His Honour Mr Justice McTeirnan in the celebrated case of Burgess in which they expressed the view that if government enters into an international agreement or signs a convention and it is a proper matter for signature and for government ratification, then it can be received into municipal law even though there is not a clear head of power and beyond that and more importantly, even though it finds itself in conflict with other aspects or provisions in the Constitution. [More…]
-Having just listened to about half an hour of verbosity from the honourable member for Moreton (Mr Killen) who sits opposite, I state that I still have no possible explanation of why he is really opposed to this legislation except to conclude that what he really seeks is to perpetuate in this country the existing situation in which people can and do commit acts which discriminate against people of particular races and hide behind supposed rights at law in order to protect themselves from being brought to justice for committing these acts. [More…]
La administering justice not only must justice be done but justice must be seen to be done. [More…]
The Bill will not ensure that justice is seen to be done. [More…]
The victim will not believe that justice has been done. [More…]
This is a denial of human justice. [More…]
He was none other than one of the leaders of the New South Wales bar and chief justice in divorce- the late Wilfred Dovey. [More…]
As a matter of simple elementary justice, its effluvia is nauseating. [More…]
They will be expensive by litigation, they will create injustice and distress and, even when they are understood, they will not be acceptable. [More…]
Imagine how carried away by the justice of it all a wife will be when her maintenance is reduced because her husband finds that he has a responsibility to support a de facto- a lady who might find herself to be pregnant! [More…]
Justice demands a fair go for all citizens. [More…]
It is not justice that the good wife who has done nothing to end the marriage, who has been deserted by her husband for another woman and who wants to contest the divorce or contest custody of children should have to pay her own costs even if she wins. [More…]
They complained with great justice about what had been going on at the border store just outside the reserve at Oenpelli. [More…]
A prescribed authority has, in the exercise of his powers under this Act, the same protection and immunity as a Justice of the High Court. [More…]
This portion of the Bill enshrines in our law the principle to which all of us in this House adherethat an Englishman’s home is his castle or, if I can transpose that, that an Australian’s home is his castle- that no-one can enter a person’s home without a warrant, in accordance with the appropriate State legislation, approved by a justice of the peace which suggests that some person who is wanted for a particular crime is there or that there is something that appertains to that dwelling which suggests that a breach of the peace is about to take place. [More…]
If one were to look at the Queensland Aborigines Act of 1 97 1 or the Torres Strait Islanders Act of 1971 and the regulations made under them one would think that they provide an eminently sensible system of justice. [More…]
I believe it could be an eminently sensible system of justice if people on the reserves were properly trained as justices of the peace to carry out their duties. [More…]
If one lived on an island in the Torres Strait or an isolated reserve in the Cape York Peninsula or elsewhere one’s access to justice depended on the extent to which the manager of the reserve would facilitate transport and the like for one to appeal to the visiting magistrate or to some other authority. [More…]
I would hope that the Queensland Department of Aboriginal and Island Affairs properly trains the justices of the peace who serve as magistrates on the reserves. [More…]
I am a justice of the peace and I daresay that many other people here are. [More…]
But most people who are justices of the peace regard their duties as signing documents and the like. [More…]
He is a man of some Celtic descent and people of that origin always have an acute and sensitive sense of justice and fairness. [More…]
If I were uninformed of the contents of the Bill the opposition of the Country Party to it would be sufficient grounds for me to agree that the changes will bring electoral justice. [More…]
Rates are still fixed on the unimproved capital value of land and even the last royal commission which was presided over by Mr Justice Else-Mitchell did not really come up with anything new in this field. [More…]
The Chairman of the Council, the Chief Justice of Australia, and his colleagues on the Council will undertake their task, I am sure, with diligence and discretion. [More…]
-Has the attention of the Attorney-General been drawn to a court case before Mr Justice Nagle in Parramatta, New South Wales, in March of this year in which 3 men were convicted of murdering Dieter Bergmann on 20 September 1974 at Liverpool, New South Wales? [More…]
Under the chairmanship of Mr Justice Meares, the group comprised Mr J. [More…]
Who is there to ensure that justice is being done? [More…]
He thrust the campaign down people’s throats, using every available propagandist device, and it was carried out with a brutality and disregard for justice that shocked the Vietnamese peasants more than the war itself had done. [More…]
Mr Speaker, clearly there is a responsibility on Australia and on all countries in the region that have a sense of justice to try to bring about a cease fire. [More…]
But having failed to do that, there is a responsibility on every decent person in this region to try to ensure that representatives of international agencies, representatives of the United Nations, representatives of governments of this area are in those towns that are being taken over by communist aggression to ensure that justice is being done to innocent people; not to soldiers, not to those who chose to- go out and fight on the battlefield, but to the women and children who are suffering the great consequences of this conflict in South Vietnam. [More…]
I think it was Mr Justice Joske who said something consistent with that in his judgment today. [More…]
It does not do him justice; it does not do his Government justice, and it does not do justice to a great body of people who have done so much to see this Gallery come to fruition. [More…]
Commission, Mr Justice Else-Mitchell, is a judge. [More…]
Mr Justice Sweeney indicated at the time that ‘there will be a full finding made on it one way or another’. [More…]
Soon after Parliament resumed for the Budget session, on 23 August, I placed a question on notice to the then Attorney-General, now Mr Justice Murphy. [More…]
Again, therefore, I have a predisposition to say that in a country with 6 States where, from the very beginning, there have been inefficiencies and a strange disposition to want to be different, even though it might cause costs to rise and transport and other facilities between the States to be obstructed in some way, there should be an interstate commission to ensure justice and reason. [More…]
Its President is to have the same rank, status and precedence as a justice of the High Court of Australia. [More…]
Every term and every condition of interstate transport can be laid down by this body on the broad criteria of reasonableness and justice. [More…]
The ‘ reasonableness ‘ and ‘justice ‘ of terms and conditions are the very matters that this Parliament ought to be considering. [More…]
The appointment of His Honour Mr Justice ElseMitchell as chairman of the Commission deserves one or two comments. [More…]
Mr Justice Else-Mitchell is a lawyer. [More…]
Mr Justice Else-Mitchell succeeds as chairman of the Commonwealth Grants Commission Sir Leslie Melville who was an economist and banker of international repute. [More…]
It is also my concern that if the other standard States do not enter the public hospitals aspect of Medibank the one remaining State which appears before Mr Justice Else-Mitchell could well be disadvantaged. [More…]
If those circumstances are brought about and if an amendment which will exclude from the consideration of the Commission under Mr Justice Else-Mitchell the payments made under the National Health Act is not proceeded with, what guarantees can be given so that the $ 10m to $30m- that is the amount of the various calculationsof the grant to the remaining claimant State will not be surrendered; in other words that the grant will not go into one pocket this year and be taken out of that pocket in 18 months time? [More…]
-Before the debate was adjourned last night I listened with interest to the honourable member for Lilley (Mr Kevin Cairns) when he discussed the 3 provisions of this fairly short Grants Commission Bill which seeks to increase the number of fulltime members of the Grants Commission, particularly in relation to the local government division, to establish a status for the existing Chairman, Mr Justice Else-Mitchell, and to incorporate some machinery changes in relation to the Remuneration Tribunals Act. [More…]
The honourable gentleman followed 2 other eminent people, namely, the Honourable Justice Sugerman and the Honourable Justice Hardie, onto the bench of this court. [More…]
During the period that Mr Justice Else-Mitchell served on this court he excelled as a man who had a great knowledge of local government. [More…]
Despite the concern of the honourable member for Lilley that an accountant should have been appointed to the Grants Commission, Mr Justice Else-Mitchell was chosen by the Liberal Government in New South Wales for this position on this royal commission to do what one might think an accountant ought to have been appointed to do. [More…]
Of course, Mr Justice ElseMitchell excelled in this role, too. [More…]
Mr Justice Else-Mitchell is admirably suited to carry out the task to which he has been appointed. [More…]
In fact, it would be very difficult to find any other person in Australia who is more suitable and capable than Mr Justice ElseMitchell to do the job. [More…]
There is no doubt that there is a necessity to recognise that if we are to appoint people of the calibre of Mr Justice Else-Mitchell to positions like this to carry out impartial and appropriate inquiries into the needs of local government we have to acknowledge their position in the community and establish them so that they hold the position they previously enjoyed. [More…]
I believe it is only fitting that this be done in this instance to accommodate Mr Justice ElseMitchell and in future other judges. [More…]
I was especially pleased last October when the announcement was made that Mr Justice ElseMitchell, who had been a judge of the Land and Valuation Court of New South Wales since 1 962, had accepted appointment as the Chairman of the Grants Commission for the ensuing 5 years. [More…]
Mr Justice Else-Mitchell is a man with a deep understanding of, and a long experience in, the field of local government. [More…]
This use of loan funds by councils in their borrowing position was highlighted by the Chairman of the Commission, Mr Justice Else-Mitchell, during hearings at Cessnock, when considering applications from the Hunter region just a few weeks ago. [More…]
The honourable member for Shortland spoke of Mr Justice Else-Mitchell’s royal commission. [More…]
In this particular case the Government accepts that the amendment is not aimed at Mr Justice Else-Mitchell, nor should it be because he is a most qualified person both as a judge and as an investigator of local government needs and reports, and now as a very worthy chairman of the Grants Commission. [More…]
It will be seen that the Bill will thus preserve the common informer procedure provided for by the Constitution, while modifying its application in a way that will be more in keeping with modern times and justice. [More…]
I believe we would find in a case like this that the High Court- particularly the Chief Justicewould be anxious to have the matter heard. [More…]
I would not be surprised if, in the course of making a decision in this case, certain obiter dicta were made by the Chief Justice or by other members of the High Court which would give to present members of this House and to future members of this House some guidance as to what they should do. [More…]
I believe, if I do not misquote the Minister for Labor and Immigration, that he called the finding of the tribunal chaired by Mr Justice Coldham a decision that was ‘idiotic’. [More…]
It is based on the premise that mistakes can occur and that justice must not only be done but also appear to be done. [More…]
There were of course many landowners who had cruelly exploited and mistreated the poor, but the Party was not interested in justice. [More…]
the justice of public money being spent in the interests of labour and the unions as it is presently spent in the interest of capital and management. [More…]
The honourable member also drew attention to the other element that must not be forgotten, and the Government certainly does not forget it, namely, the element of what lawyers call natural justice. [More…]
Consistent with the maintenance of confidentiality, one has to make known or to publish representations so that, as I said earlier, the principle of natural justice can be followed. [More…]
Recently in a judgment in the Supreme Court of the Australian Capital Territory, His Honour Mr Justice Fox made some comments on this matter which I think are pertinent. [More…]
That the concentration of power involved is constitutionally unsound, and inimical to the proper administration of justice is, I think, beyond question. [More…]
In Western Australia the power over police is exercised by the Minister for Police; the role, of AttorneyGeneral is exercised by the Minister for Justice. [More…]
In New South Wales the AttorneyGeneral is also the Minister for Justice; there is a separate Minister for Police. [More…]
In Queensland, that alleged backward place we often hear about from honourable members opposite, the role of Attorney-General and Minister for Justice is one; there is a separate Minister for Police. [More…]
There may well be another index which will give more justice and equity. [More…]
We could see no justice in that. [More…]
It may seem incongruous to raise this alongside an acknowledgment of calls for restraint; but this remains an area that is impossible to ignore with any sense of justice. [More…]
1 ) Following comments made by the Magistrate in the Finke case heard in Alice Springs from 8-11 March 1975 representations were made to the Government to hold an enquiry into Aborigines and the administration of justice in the Northern Territory. [More…]
Justice and efficient production demand that kind of fair dealing. [More…]
I believe that anything short of that situation would not do justice to preserving what this Commission should be doing, that is looking after the total balance which is appropriate to the Australian community. [More…]
In April 1973, the Australian Government set up a committee of inquiry under Mr Justice Hope. [More…]
This is supposed to be the government that deals out justice to everyone. [More…]
I suggest that perhaps social justice is its strong point, with emphasis on social. [More…]
Nevertheless the Government is meting out injustice to so many thousands of Australian people by abolishing this useful Act. [More…]
My predecessor, Mr Justice Murphy as he now is, or Senator Murphy as he was, was probably the greatest law reformer, the most active and ambitious law reformer, with positive results to show for it, whom this country has ever known. [More…]
This measure flows not from any style or way of Mr Justice Murphy in bringing about the magnificent achievements which he brought about in law reform in Australia. [More…]
I recall being rather impressed in the course of the inquiry I mentioned by a draft BUI from the International Commission of Jurists which, amongst other things, provided: … the President and the Court shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by the rules of evidence but, subject to the requirements of justice, may inform his or its mind on any matter in such manner as he or it thinks fit. [More…]
The mere existence of the right is a palliative to justice and efficiency. [More…]
It will inform the official that he is under public scrutiny and that inefficiency, ignorance, slothfulness and injustice can no longer be hidden in the bowels of the Public Service, and that if he errs he will be subjected to public review. [More…]
But which of us in this House has not in his duties come across the very ignorance, injustice and inefficiency of which I speak? [More…]
An imaginary system cunningly planned for the evil purpose of thwarting justice and maximising fruitless litigation would copy the major features of these extraordinary remedies. [More…]
We hope that those days are passing because with the enactment of this Bill a system of rational dispensation of justice for the first time will be introduced into this unfortunate- one might use the word chaotic- system which we have had for so long. [More…]
Further, detailed legislation in this matter could in many cases inadvertently bind those whose task it will be to apportion compensation to decisions which may not be in keeping with the real interests of justice and equity. [More…]
It is essential that in our redefinition we have an ear not only to the fundamental nature of the institution of marriage but also to the needs and demands of a changing society and to basic principles of justice. [More…]
This ground will enable justice to be done in appropriate cases. [More…]
I suggest that honourable members look at clause 114 which provides for wounded parties, in the circumstances which the honourable member for Wentworth described, to seek some justice. [More…]
In a marriage situation we are concerned as between a fair go and a sense of justice between the 2 partners to a marriage. [More…]
Unless grounds exist which enable a marriage to be terminated as quickly as possible the greatest cruelty and the greatest injustice could be wreaked upon what would otherwise be the innocent party. [More…]
If one has a finely developed sense of justice and a developed sense of fair play as between 2 partners, can one ignore that situation? [More…]
Is that a fair sense of justice? [More…]
I urge members to accept the viewpoint that the amendment of the honourable member for Wentworth seeks to do that so far as it can be done consistent with the requirements of justice. [More…]
In this connection I would add that it is not justice that the position of a woman who is, say, being subjected to constant beating and who has come to the point of seeking relief, can be ‘settled’ by an injunction under clause 114 of the Bill, and yet not by the granting of a dissolution of marriage. [More…]
It is not justice to assert that an appeal to section 114 will satisfy this matter. [More…]
A fundamental point that must be considered is that the Bill must give justice to all. [More…]
I submit that if proposed new paragraph (c) is deleted we will debar some members of the community from justice. [More…]
Whilst some people might argue against the likelihood of that happening, I believe that the important point is that there should be justice for all. [More…]
I believe that the proposed amendment sets out what the great majority of the people in Australia would like to see- a responsible and reasonable approach to divorce with justice for all. [More…]
So it appears to me that fairness and justice in divorce law ought to give to all parties to the marriage the right to go to the court when it can be shown as a fact that the marriage has broken down. [More…]
I believe that clause 48 as it now stands will give maximum justice for all concerned. [More…]
If intolerable conduct is included as a ground for divorce it will give some justice to the injured party in any divorce situation, and I think that this is important and should be kept in mind. [More…]
Mr Justice McTiernan who is well into his eighties is generally loved by his legal colleagues. [More…]
The question of permanency has been studied first of all by Mr Justice Aird and later by Justice Evatt. [More…]
On the conclusion of consideration of Justice Evatt ‘s report- an interim report, which I have just received- the Government will have to decide whether it is worth while persevering with the inquiry, which has already been through the hands of 2 judges. [More…]
Although it might be said that clause 75 allows to the court the widest discretion to take into account the particular circumstances of a case and so give justice as between the parties, I fear that with clause 72 being the primary clause with respect to maintenance the courts will be guided by the concept or the philosophy that they find explicit in that clause. [More…]
Those matters are wide enough in their terms, together with the last consideration which is found in paragraph (n) and which states: any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into acount. [More…]
It appears to me that that would give- if I may put it this way- much better justice to the case than the court merely having regard to the eligibility of a person to receive such a pension when that person may, for some reason, not actually receive it. [More…]
any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
The Senate looked at this matter with great care and added to the list of matters that the judge shall take into account sub-clause (n), which refers to any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
Before I discuss those propositions in detail, I should say in answer to the honourable member for Hindmarsh (Mr Clyde Cameron) that, although he is correct in saying that the last paragraph of clause 75 (2) states that the court will consider any fact or circumstance which, in the opinion of the court, the justice of the case requires, it is an open question whether that general advice to a court will override the precise provisions which are contained, for example, in clause 75 (2) (h), and that is a strange provision. [More…]
Paragraph (n) states: any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
any fact or circumstance which, in the opinion ofthe court, the justice ofthe case requires to be taken into account. [More…]
The last paragraph of the clause states: any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. [More…]
1 ) With reference to his predecessor’s press release of 2 1 December 1974, what are the grounds for the belief that the case Australia put to the International Court of Justice influenced the French Government’s decision to discontinue atmospheric nuclear testing in the South Pacific. [More…]
What my distinguished predecessor, Mr Justice Murphy of the High Court, stated was that he believed the case Australia had put to the Court and the injunction granted by the Court in 1973 had influenced the French Government’s decision to discontinue atmospheric nuclear testing in the South Pacific. [More…]
To develop further the considerations which Mr Justice Murphy no doubt had in mind would be to reopen matters of controversy, which, as between Australia and France, are, happily, now resolved. [More…]
But I have no doubt that the initiative which the Australian Government took in 1973, and the vigorous development of that position before the International Court of Justice, served as a focal point in the mobilisation of international opinion against French atmospheric testing; and that this factor was one which influenced the French Government in the decision which it took. [More…]
Therefore I would suggest that in considering whether a set of redistribution proposals ought to be accepted this House ought to address its mind to the essential electoral justice of the redistribution proposals. [More…]
What really matters and what really goes to the essence of the electoral justice of these proposals is the impact of the proposals on the marginal seats, because it is the marginal seats, and the marginal seats alone, which determine which party holds government. [More…]
If you want to determine whether there is essential electoral justice in these proposals, you concentrate your attention on the marginal seats. [More…]
We on the Opposition side of the House would submit that something as fundamental as redistribution, something going so much to the essence of electoral justice and something which will directly and literally determine which Party governs after the next election ought not go ahead if there is any shred of legal doubt regarding the constitutionality of those proposals. [More…]
Taking a broad national view, I submit there are very substantial reasons of electoral justice why these proposals should all be rejected by this House. [More…]
The decision was taken to oppose this redistribution on the grounds of justice and equity by the Liberal Party in its own right. [More…]
What we really have to look at in determining whether an electoral distribution is fair is the test of essential electoral justice; how easily can marginal seats change hands. [More…]
The Labor Government stands for electoral justice and electoral reform. [More…]
-Clause 26 is an extraordinary provision to be found in legislation of this kind which is intended to achieve a measure of administrative justice for citizens whose interests are affected by decisions of pubUc servants of the Commonwealth of Australia. [More…]
It is more so in the context of legislation which was introduced by the Government with a fanfare of publicity, heralding a great move forward in the field of administrative justice by the establishment of this Tribunal. [More…]
For the benefit of the Committee, I should Uke to quote a passage from a book which I was very interested to read some years ago on this question of administrative justice. [More…]
Administrative justice is the friend, not the enemy, of good administration. [More…]
All good administrators should take care that the machinery is properly tended and that the lubricant of justice is supplied in the right quantity at the right points. [More…]
But legislation such as this which seeks to establish a structure for achieving administrative justice by putting a brake on arbitrary power, is itself subject to arbitrary power. [More…]
Such a situation is the very denial of administrative justice. [More…]
What the Opposition is seeking to achieve by the amendment put forward, is a large step towards administrative justice by achieving certainty, at least at this moment, by giving to the Tribunal a jurisdiction which is clear, which is set out in the schedule and which is not subject to a desision at some later time by the public servants whose decisions ought to be capable of being reviewed. [More…]
I know that he is a top grade member, but justice and equity in electoral representation demand that neither he nor any other honourable member should be called upon to represent practically double the quota just to allow the National Country Party to survive with its loaded country electorates. [More…]
Why are these proposals brought into this Parliament, except for the pros and cons and the justice of them to be debated? [More…]
In doing so, they opted for a marginal short-term political advantage and for a mockery of electoral justice. [More…]
The Government believes that the proposals of the Distribution Comissioners for Victoria represent a thorough-going attempt to provide the citizens of that State with electoral boundaries which will go a great distance towards the achievement of electoral justice for all voters and political parties. [More…]
It is the law of the land and it restores electoral justice. [More…]
The Liberal Party and National Country Party do not believe in electoral justice. [More…]
All the cant, humbug and rantings of the National Country Party and its ‘puppet’ Liberal leader cannot destroy the equity and justice of the proposals drawn up by Commissioners whose competence and integrity are unchallenged. [More…]
We oppose it because it is based on ground rules which have been changed by this Government in a way that ignores justice and that ignores the right of every Australian to enjoy equality of representation in this Parliament. [More…]
It does not deliver essential electoral justice in New South Wales. [More…]
The related report of the Taxation Review Committee chaired by Mr Justice K. W. Asprey will be tabled later this week. [More…]
One of the very first actions that my Government took- I think I was the Minister at the time for the portfolio concerned- was to ask Mr Justice E. A. Woodward to look into these matters. [More…]
No wonder that Lord Chief Justice Hewart was driven to such a state of utter despair as to write his ‘The New Despotism’. [More…]
It is surely only justice to ensure that no one person bears disproportionately a share of the cost of the preservation of the National Estate. [More…]
I think the question of compensation as a matter of common justice needs to be looked at very closely. [More…]
In fact, early in the life of the Committee of Inquiry into the National Estate, Mr Justice Hope was good enough to hold informal discussions with me so that the work of the 2 committees would not be confused and so that they would be looking at different areas. [More…]
I have with me a note from the Western Australian Minister for Justice. [More…]
I hope that the Government sees the wisdom, and I hope that it sees that it is a matter of natural human justice that some provision of this type should be placed in the legislation to protect an individual. [More…]
Therefore, justice must be done to the people acquiring land as well as to those people who own the land. [More…]
I would have thought that if the honourable member was talking about justice rather than adopting some sort of cheap expediency, in a time of high inflation there was an even greater need to adjust the pension than at a time of low inflation. [More…]
I went on to stress that it was not right that pensioners in particular should bear the effects of inflation, and that therefore there was justice in the measure, but I pointed out also that there were many other matters to be attended to in the community. [More…]
I merely summarise in this way: These Bills give legislative effect to boundaries for each electorate in Australia which bring equity and justice to the voting system. [More…]
I will now give way to him and let him rant and roar about electoral justice, of which the National Country Party knows nothing. [More…]
Come what may, ere the night is out these Bills will become the law as far as this House is concerned and the people will know that we as a Government stand for electoral justice and equity, irrespective of what those who sit opposite might say. [More…]
It has a vested interest in preserving a status quo which utterly vitiates electoral justice. [More…]
First it commits itself to domination by the Country Party but, more important, in the eyes of the Aus.tralian people, it commits itself to the perpetuation of a flagrant breach of electoral justice. [More…]
I think it was rather extraordinary that not only the Leader of the House but also the Prime Minister himself fell into the trap of relying on a selective quotation regarding the justice of these redistribution proposals. [More…]
The only way in which to achieve that state of affairs- the electoral justice to which constant tribute is paid by the Prime Minister and his Party- is to preserve equity insofar as the marginal seats are concerned, it is marginal seats that determine what parties shall be in government and not seats like Grayndler or Bradfield. [More…]
It is not electoral justice for which he strives. [More…]
He believes that democracy and justice must end at the city limits. [More…]
The Minister for Services and Property and the Prime Minister seek to divide Australians into warring classes and they have so clearly shown that their Utopian ideal is that civilisation and justice end when one leaves city limits. [More…]
How is that for sanity or justice? [More…]
There are twice as many members of the Liberal Party who sit in this chamber as there are members of the Country Party; yet the Country Party has put so much pressure on the Liberal Party that it has been prepared to bow down without paying any regard to electoral justice. [More…]
We on this side of the chamber may disagree with many of the things for which the Liberal Party stands, but at least we thought it stood for electoral justice. [More…]
But above all, the Opposition is opposed to this redistribution because it is essentially unfair according to any reasonable test of electoral justice. [More…]
I think the best I can do is to quote Mr Justice Gibbs, who said: [More…]
As recommended by Mr Justice Campbell in late 1974 these rises were retrospective to 1 6 October 1 974. [More…]
It was removed by Mr Justice Woodward and there was a change. [More…]
The Government has appointed Mr Justice Else-Mitchell as Chairman of the Grants Commission. [More…]
In Mr Justice Else-Mitchell we have one of the most distinguished members of the New South Wales Bar. [More…]
Even the honourable member for Wentworth (Mr Ellicott) would agree that at the Bar His Honour was an outstanding personality, that he was a brilliant student, an excellent advocate and became a first class judge and, having earned all those qualifications, became entitled to the title or designation ‘Mr Justice’. [More…]
The Government thinks that it would be petty and miserable to say that because such a person became Chairman of the Grants Commission he could no longer be called ‘ Mr Justice ‘. [More…]
We might say in fairness to His Honour Mr Justice Else-Mitchell, who has been in the position of chairman for some months now, that he has performed a splendid job in his dealings with local government. [More…]
The converse is true for certain experience and qualifications are welcome and, in the case of Mr Justice Else-Mitchell, his experience and qualifications in his meetings with local government representatives have shown the value of having such a man appointed to this position. [More…]
In the past I have expressed my views concerning the appointment of Mr Justice Else-Mitchell as Chairman of the Grants Commission. [More…]
I argued then that it was worth reflecting for a moment on the fact that Mr Justice ElseMitchell was being given a title, a status and a position superior to that given to former Chairmen of the Commonwealth Grants Commission. [More…]
So I think that it does him, or his speech writers, less than justice to forward the point about Opposition posturing. [More…]
For instance, it proposes for the Chief Justice a salary of $31,450. [More…]
A great deal has been made of the point that this idea was first conceived by Sir Garfield Barwick, now the Chief Justice of the High Court. [More…]
It is significant to look at what the present Chief Justice said about the Superior Court. [More…]
The reason expounded by the Chief Justice for this court was that it would take away the workload of the original jurisdiction of the High Court. [More…]
Now justices like Mr Justice Bowen, for instance, in New South Wales are exercising what was originally the jurisdiction given to the High Court- the original jurisdiction. [More…]
Let us have no more of these statements by the Prime Minister, the Attorney-General and others that this was a court that was conceived and supported by the previous Government, by the Chief Justice or by Mr Justice Bowen. [More…]
The real solution in this matter is not to proceed with this court but to attempt basic constitutional reform of the judicature chapter of the Constitution and in the meantime, I suggest, to use what has been referred to by Mr Justice ElseMitchell, for instance, in an article that he had published in the Federal Law Review, as the autochthonous expedient- the use of the State courts as repositories of Federal jurisdiction. [More…]
2243 and the matter raised in this question is within the compass of the Inquiry by Mr Justice Hope set in train by the present Government as the Royal Commission on Intelligence and Security. [More…]
2243 and the matter raised in this question is within the compass of the Inquiry by Mr Justice Hope set in train by the present Government as the Royal Commission on Intelligence and Security. [More…]
So in the Federal courts of this country the only justice that can be administered is Federal justice and not State justice or justice in every sense of the word. [More…]
No doubt, some financial provisions would be required for levying upon the various Governments contributions to the cost of administering justice. [More…]
In 1964, just before he became Chief Justice, Sir Garfield wrote a 21 -page article on the proposed new federal superior court for the initial issue of the ‘Federal Law Review’, the journal of the Law School of the Australian National University. [More…]
On 29 October the same year Attorney-General Bowen asked a committee under Mr Justice Kerr, later Chief Justice of New South Wales and now the Governor-General, to consider the jurisdiction to be given to the proposed Commonwealth superior court to review administrative decisions. [More…]
The other members were SolicitorGeneral Mason, later a judge of appeal of the Supreme Court of New South Wales and now a Justice of the High Court, Professor Whitmore and later Solicitor-General Ellicott, now the honourable member for Wentworth. [More…]
It is not possible in this debate to argue for or against our present bilateral system of government and its accompanying system of justice. [More…]
In justice, let me repeat that all businesses in Australia today have been hit. [More…]
In that legal order 2 options were available for the handing out of justice. [More…]
The Opposition takes the view that it would be far better so far as the justice of the situation is concerned, for the final decision as to whether or not the matter involved fell within those excluding criteria to be given to the Attorney-General who is the principal legal adviser of the Government, the principal law officer of the Crown. [More…]
Consequently there is an increasing likelihood of injustice to individual citizens, and of course injustice even in a minor way is wrong. [More…]
I sincerely trust that the appointment of an Australian ombudsman and the 2 deputy ombudsmen and the establishment of an Australian Appeals Tribunal will ensure not only that justice is done and is seen to be done but also that what has been described as the delicate path between the rights of individual citizens and harmony in the machinery of government will be clearly and effectively protected. [More…]
Australian system of administrative justice, if I can put it that way, is probably that much worse than the system in comparable countries such as New Zealand, Britain, France, the United States of America and Canada. [More…]
Of course, it goes beyond that and extends to the allocation of houses of one kind or another, and the ombudsman, in company with the Administrative Appeals Tribunal, will give a measure of administrative justice that this country has not had before. [More…]
The Council is a very distinguished body under the chairmanship of the Chief Justice and representative of all interests and all States. [More…]
This is very much a time to keep those achievements in mind, to put the record in perspective, to reflect on the basic strength and prosperity of the nation, the underlying strength of the economy, the real gains we have made in social reform and social justice and in the living standards of the Australian people. [More…]
The Family Law Bill- a monument to the former AttorneyGeneral, now Mr Justice Murphy- has completely refurbished the marriage and divorce laws of Australia and done away with the medieval concepts of guilt and fault. [More…]
The authorized person may enter with the consent of the occupier or may apply to a Justice of the Peace for a warrant authorizing entry. [More…]
a body that has the power to take evidence on oath or affirmation and is constituted by, or includes among its members, a person who is a Justice or Judge of a court established by a law of Australia or a person who has, by virtue of an Act, the same status as a Justice or Judge of such a court; and [More…]
action taken by a Justice or Judge of a court established by a law of Australia; [More…]
If we are to do complete justice to the ombudsman process, as well as the administrative appeal process, and if we are to make the ombudsman a person who is established for the specific purpose of being the representative of the public in looking at discretions of a particular quality or character, then those discretions which are vested in Ministers and are administrative in nature ought also to be subject to consideration by an ombudsman. [More…]
Otherwise there is no reason to make the decision in justice. [More…]
The amendments show a responsible reaction by the Opposition to wage justice between the public and private sectors. [More…]
That is not justice and it is not the way of this Parliament. [More…]
I do not want to be discourteous to a Justice of the High Court, nor do I want to be discourteous to somebody I served under. [More…]
One was for an amount of $ 15m for Mr Bajius who is now a fugitive from justice and one of the men who was tested by the security service or someone else as to integrity. [More…]
Has the Prime Minister stated that Australia will drop its reservations with respect to the jurisdiction of the International Court of Justice. [More…]
For example, on 26 September 1961 (Hansard, page 1321) I expressed the hope that Australia would provide a lead to other countries by abandoning its qualifications to its acceptance of the jurisdiction of the International Court of Justice. [More…]
As I announced on 14 March this was done by signing and depositing with the Secretary-General of the United Nations a declaration which had the effect of withdrawing Australia ‘s then current declaration under Article 36 of the Statute of the International Court of Justice and of substituting a new declaration. [More…]
WHEREAS on the first day of November one thousand nine hundred and forty-five Australia ratified the Charter of the United Nations of which the Statute of the International Court of Justice is an integral part; and [More…]
The GOVERNMENT OF AUSTRALIA hereby WITHDRAWS the said declaration and DECLARES for and on behalf of AUSTRALIA that it recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to withdraw this declaration. [More…]
New South Wales and Victoria were fairly early off the mark, but I was informed by the Minister for Justice in Queensland only a week or 10 days ago that Queensland does not wish to set up a family court in Queensland but would prefer the Family Court of Australia to operate there. [More…]
Why not be more constructive and say: ‘When can we commence to lay the foundation stone of a parliament house that will do justice not only to the people of this country but also to those who are honoured to represent them here?’ [More…]
Now these days all matters, with a couple of exceptions, are rebates instead of deductions- a very great advance in economic rationality and social justice. [More…]
I ventilate this matter in the hope that Parliament- the Minister for Urban and Regional Development (Mr Uren) and those who speak for this Parliament on these matterswill seek to stir the States into activity to take a stand in defence of these people who in their closing years deserve justice and not burdens of the type that I have illustrated. [More…]
But the Minister was emboldened to embark upon a course that I can only describe as not doing himself justice as a gentleman and as a Minister of the Crown. [More…]
action taken by a Justice or Judge of a court established by a law of Australia; [More…]
an authority or body that is constituted by, or includes among its members, a Justice or Judge of a court established by a law of Australia or a person who has, by virtue of an Act, the same status as a Justice or Judge of such a court; responsible Minister’ means- [More…]
a body that has the power to take evidence on oath or affirmation and is constituted by or includes among its members, a person who is a Justice or Judge of a court established by a law of Australia or a person who has, by virtue of an Act, the same status as a Justice or Judge of such a court; and [More…]
This Bill will ensure that action can be taken under Federal jurisdiction to bring to justice people who engage in criminal practices of this nature. [More…]
But since the introduction of this Bill we have received an interim report from the Royal Commission Into Alleged Payments to Maritime Unions conducted by Mr Justice Sweeney. [More…]
I do not blame the Government for not covering the appalling situation disclosed by the interim report of Mr Justice Sweeney because the report was not available when the legislation was brought down. [More…]
It would be intolerable if the practices described by Mr Justice Sweeney were allowed to continue. [More…]
The first case mentioned by Mr Justice Sweeney in his interim report is that of the Wakasa Maru. [More…]
It is interesting to note that Mr Justice Sweeney rejects this claim, as the Wollongong did not have the capacity. [More…]
Mr Justice Sweeney comments in his report: [More…]
Mr Justice Sweeney also makes reference to what is known as the Marine Industry Group. [More…]
Mr Justice Sweeney comments: [More…]
Mr Justice Sweeney comments: [More…]
Mr Justice Sweeney comments: [More…]
commend to the House the remarks of the honourable member for Corangamite (Mr Street) regarding matters disclosed in the interim report tabled recently by Mr Justice Sweeney. [More…]
Matters involved in the Royal Commission into Alleged Payments to Maritime Unions that Mr Justice Sweeney is presently conducting have prompted the Opposition to move an amendment during the Committee stage of the debate. [More…]
This Bill will make it possible to bring to justice people who commit crimes against their own unions or organisations but who, at the moment, are outside the authority of State jurisdiction. [More…]
Section 71 of the Crimes Act 1914-1973 is the pattern used for the drafting of this legislation and should be adequate in bringing to justice all persons who commit such offences. [More…]
The Labor Party seeks close and continuing co-operation with the people of the United States and New Zealand to make the ANZUS Treaty an instrument for justice and peace and political, social and economic advancement in the Pacific area. [More…]
Where then is the supposed justice that the Labor Party claims it represents? [More…]
Society must be seen in its entirety, with social justice for all. [More…]
Is it any wonder that the wage earner would seek wage justice? [More…]
In spite of this recession, in spite of the obstruction of the Senate, in spite of the delays and distortions in this House, in spite of the opposition that has been generated by the Opposition parties outside this Parliament, the Australian Government has stood firm and has brought down a Budget that will bring justice and assistance to all sections of the Australian community. [More…]
That is the difference between a socialist economy and an economy which has some sense of social justice. [More…]
A principle of social justice is involved and we are doing something about it. [More…]
-That will happen because of the justice that will be meted out to you as a result of your own misdeeds in government. [More…]
I believe that the people who have so mismanaged the Australian economy over recent years will receive the justice they deserve. [More…]
For those with a sense of justice, for those who believe in the exercise of political rights by all people irrespective of race or creed it is a moment of achievement. [More…]
The preservation of the security of Australia as a free and democratic nation and the welfare of the Australian people, promoted through a sound economic policy with justice to all sections, are the paramount responsibilities of this national Parliament. [More…]
It is to be recalled that it was the previous Government that appointed Mr Justice Toose to hold this inquiry. [More…]
The latest information is that a lot of the papers collected by Mr Justice Toose are now ready to be filed. [More…]
I would like also to mention Mr Justice Sweeney’s interim report on alleged payments to trade unions because this also is important to Tasmania. [More…]
They have accepted the Budget for what it is, a masterly combination of economic reform and social justice. [More…]
It conforms basically to a similar resolution debated in the Senate on 12 and 13 February of this year following the disgraceful decision of the Liberal Premier of New South Wales to appoint what he falsely tagged as a ‘political neuter’ to replace retired Labor senator, now Mr Justice Murphy, who was appointed to the High Court On that occasion the Senate carried the resolution unanimously. [More…]
Have honourable members ever heard of Sir Garfield Barwick, Sir John Spicer, Mr Justice Joske, Sir w’illiam Gunn? [More…]
How will a judgment be made with any semblance of justice? [More…]
I am concerned at the inaccuracy of the determination, its uncertainty and the justice between those on 84.8 per cent or so, which is just below the margin, and those who are just above the margin. [More…]
-I am pleased to support this Budget because for the first time in over 20 years some justice is being afforded under the new personal taxation system to the young married couples with families to raise and to educate. [More…]
The Government has a solemn duty to fund part of any communications deficit because those who pay taxes and live outside the metropolitan areas can in all justice expect the national government to contribute to their welfare. [More…]
There is also another inherent right which is always observed in every court in this Commonwealth, and every court where there is any reasonable conception of justice- that he shall present his case in an atmosphere which shall not have had the effect of prejudging him before he comes in. [More…]
Then we have the Right Honourable Sir Garfield Barwick who was appointed Chief Justice of the High Court of Australia. [More…]
By his skill, the Treasurer has managed to combine economic necessity and social justice. [More…]
In justice the fees should have been reduced. [More…]
Following approval being granted they have to seek further approval from the Minister for Justice and the AttorneyGeneral in New South Wales. [More…]
Many of these master criminals are able to escape justice by skipping the country. [More…]
It is the only way in which we can ensure that these criminals do not escape Australian justice. [More…]
The matters are not as simple as that and it is no justice when one section of the community tries to index itself at the expense of the rest. [More…]
I believe honourable gentlemen ought to acknowledge the skill and wisdom with which Mr Justice Williams has presided over this new form of law and order in the Australian economy. [More…]
They give no consideration to the justice of their claims to certain rights and certain conditions to which they are entitled by reason of the positions they occupy or to the lead they should give the community. [More…]
In February 1973 Mr Justice Woodward was appointed to investigate and report on Aboriginal land claims in the Northern Territory. [More…]
In 1 97 1 Mr Justice Blackburn established that, under the law, Aborigines had no legal tenure of land as a traditional right; but no action was taken by the Government at that time to change that situation. [More…]
Great political justice has been applied to the manner in which the Treasury has operated in this Budget, especially in terms of the Medibank system which was opposed by the Opposition and in terms of the taxation concessions which were so much exploited by high income earners over a long period when the present Opposition was in government. [More…]
Recently in the great socialist magazines, Time and Newsweek, questions have been raised as to the operations of this system and whether the injustices inherent in our society can be overcome within the system under which we live. [More…]
I should like to quote extensively from Time magazine because it raises a number of questions as to whether or not political parties in this country will continue to allow the injustices that I refer to and as exposed by the Henderson Committee. [More…]
It also raises the question as to whether we can continue to watch the Aboriginal people live in poverty and whether we are accurate in our assessment of the cost of Medibank, whether Medibank be a justice or not. [More…]
It seems to me that the community of Australia would want Medibank irrespective of the cost because it provides great medical and health justice for all people in the community. [More…]
-My god is justice for aU the people who live in Australia. [More…]
Of course the society in which we are living at the moment just does not give that justice. [More…]
As I said at the outset, there is great justice in the political application of what has been done in this Budget. [More…]
Some of the things that have been done by this Government are of great social justice. [More…]
That view was expressed by Mr Justice Murphy of the High Court as he now is. [More…]
In my opinion it shows the determination of this Government to give justice and equality to our Aboriginal population. [More…]
The most contemporary development, of course, is in respect of the request of some 1 8 or 1 9 lawyers for a royal commission about a number of matters mainly concerning Aboriginal people and the administration of justice, Aboriginal people and corrective institutions, and Aboriginal people and police relations. [More…]
No doubt the Minister for Transport (Mr Charles Jones) in concerning himself with this area would like to echo the words of Sir John Latham, a former Chief Justice of Australia and a former Leader of the Opposition, who when he was asked about the intrusion of the Commonwealth into matters of transport had this to say over 40 years ago: [More…]
I can give an assurance- that is what I have been asked to do- that the Minister for Agriculture Will certainly administer this legislation when it is enacted with full justice and will take into account the provisions of clause 6(1). [More…]
The judgment of the Chief Justice, Sir Garfield Barwick, sitting as the Court of Disputed Returns, illustrates that these provisions have very restricted application in contemporary circumstances. [More…]
Legislation such as that proposed in this Bill was recommended by Mr Justice Woodward in the first report of the Aboriginal Land Rights [More…]
This is no criticism of the Australian system of justice, or of the British system of justice on which it is based, but the very nature of our courtrooms to one unfamiliar with them immediately puts a defendant or a witness at a marked disadvantage with the magistrate, the judge, the police, Crown prosecutors or the counsel for the defence. [More…]
I have said that legal aid offices strengthen the legal profession because they will provide the means for the scales of justice to balance more evenly. [More…]
The honourable member will remember that the first reference to the Australian Law Reform Commission, which is presided over by Mr Justice Kirby, was the need to protect civil liberties. [More…]
The first is in relation to remarks made in this House about Senator Murphy, who is now Mr Justice Murphy, and the second is in relation to the comments of the honourable member for Blaxland (Mr Keating) when he spoke about opportunism on the part of the Opposition. [More…]
I would hope that the same sorts of remarks could be said in regard to Mr Justice Murphy as were said about the legislation he introduced, the thought behind it, and this statement that he made: [More…]
In answer to the interjection of the honourable member for Hume, that was said by the then Senator Murphy, who is now Mr Justice Murphy. [More…]
Of course, I think that a decision and an opinion of one of our Justices should be given fairly solid consideration. [More…]
Is the Prime Minister satisfied that complete justice has been done to the Australian Council of Trade Unions in the finding of the Royal Commission on Petroleum that the ACTU deliberately deceived the Government about the price it was paying for crude oil? [More…]
The best thing they could do with this $10 would be to give it to the Labor Party where they know they will get justice and equity and good legislation. [More…]
One thing that is necessary in this country is to correct the electoral injustice existing under present electoral boundaries in all States of Australia, in many cases State and Federal boundaries. [More…]
That legislation will pass through that Parliament because there are people there, even some opposed to Labor, who believe in electoral justice. [More…]
There can be no purpose in delaying these measures for an unlimited time to allow a filibuster by honourable members opposite who are determined to stop the legislation irrespective of the justice of it all. [More…]
What perhaps some members of the House may not know is that if the proposals submitted to the Distribution Commissioners by the Australian Labor Party in New South Wales- this Party which is so committed to democratic government, which is so committed to one vote one value, which is so committed to electoral justice- were accepted by the Commissioners they would, on the same votes cast in May 1 974, give to the Labor Party in New South Wales 29 seats and not 25 seats and would give to the joint Opposition Parties 16 seats and not 20 seats. [More…]
There are only two means by which the electors can get electoral justice in Australia. [More…]
But this Government and the Minister for Services and Property (Mr Daly) are not in the least bit concerned about or interested in fairness, justice or real equality of representation. [More…]
Forget about justice and forget about the people’s rights. [More…]
I understand that the Minister for Justice presented a report to the Parliament, but members of the Opposition cannot find out who drew the boundaries. [More…]
In doing so, they opted for a marginal short-term political advantage and for mockery of electoral justice. [More…]
The Age said that, which proves that people all over this country have given the National Country Party away so far as electoral justice is concerned but they expected better from the Liberal Party and its high-sounding principles. [More…]
In another place Senator Steele Hall, who is not a member of this Party and a long way from it, has said that this is electoral justice and if anything favoured the Liberal Party in the States. [More…]
Consequently we are endeavouring to give electoral justice by seeing that members of this Parliament do represent people. [More…]
It is almost an axiom to say that people are equal under the law but this is true only if people have equal access to the law or are able to afford to take the matter to the court to gain justice. [More…]
This must be done swiftly and justice must be meted out swiftly if the present disorder is in any way to be contained. [More…]
I ask the Prime Minister Does it trouble him as a matter of elementary justice that all the sworn testamentary and documentary evidence which was presented to the Royal Commission on Petroleum and which could have exonerated Mr Souter and the Australian Council of Trade Unions of the charge of deliberate deceit of the Government was entirely overlooked by the royal commission in its report? [More…]
It is all the more astonishing that the honourable gentleman who a few months ago was loudly, even raucously, calling for a royal commission, should now complain about a royal commission’s findings which do not suit him.The fact is that the royal commissioner, Mr Justice Collins, is one of the most experienced trial judges in this country. [More…]
Does the Prime Minister still believe that complete justice has been done to the Australian Council of Trade Unions in the finding of the royal commission that ACTU-Solo Enterprises Pty Ltd deliberately deceived the Government? [More…]
It is a case of justice being done, but justice is being entirely disregarded. [More…]
Answers given to me by the previous Minister that individual cases claiming injustice would be investigated were both ludicrous and foolish. [More…]
In this way justice will not only be done; it will appear to have been done. [More…]
The honourable member was not in this place at the time one of the major eastem European countries made an application to the then Attorney-General, the present Chief Justice of the High Court, to extradite to the Soviet Union mass murderer- and I name him again in this place- -Evon Vicks. [More…]
Really the whole matter is a travesty of justice for people living in remote areas of Australia, people who have enough difficulties in trying to make a living, people who are deprived in more ways than one. [More…]
There has been a grave miscarriage of justice in APC (Allied) getting this crude and now selling it at an enormous premium of, I believe, 9c per gallon . [More…]
This Opposition that upholds the quality of law and justice and evidence wants to destroy it here today on the sheer nonsense that Mr Souter would of course not have misled anybody. [More…]
There have been many blatant examples of justice having been denied to people over some of the most simple offences against the law simply because of the inability of the person charged or accused to understand the English language and to communicate with the law enforcement officers charging or accusing him. [More…]
It was made clear that increased costs would not be part of the scheme, but even there the Minister for Labor and Immigration (Senator James McClelland) is looking at particular projects to ensure that substantial justice is done in every case and that there is no undue hardship wherever that can be avoided. [More…]
Pursuant to section 6A of the Grants Commission Act 1973-1975 the Chairman of the Australian Grants Commission, Mr Justice R. Else-Mitchell has the rank and status of a Judge of the Supreme Court of the Australian Capital Territory. [More…]
Prior to his appointment, Mr Justice Else-Mitchell was a Judge of the New South Wales Supreme Court. [More…]
The exceptions are some Rolls Royce, Daimler and Bentley cars which have been in the fleet for a number of years and also 2 Mercedes Benz saloons used by the Gc vernor-General and the Chief Justice of the High Court. [More…]
Mr 0”Neil, the Minister representing the Minister for Justice, replied: [More…]
Mr 0’Neil the Minister representing the Minister for Justice, replied: [More…]
I ask the Prime Minister: Since he is so determined to support in full all the findings of the Royal Commissioner into petroleum, Mr Justice Collins, why has his Government so far ignored the finding of the Royal Commission that a second refinery should be built in the Sydney area at Kurnell and why has he allowed the Minister for Minerals and Energy to pursue an entirely alternative and different proposal? [More…]
Honourable members will know that on 26 September I announced that the Government had decided to appoint Mr Justice A. E. Woodward, O.B.E., to be the head of the Australian Security Intelligence Organisation. [More…]
In announcing Mr Justice Woodward ‘s appointment, I said that it is appropriate that this very important position should be filled by a judge and that in the Government’s view this position should in future always be filled by a person holding judicial office. [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…]
Mr Justice Woodward now receives such additional remuneration by virtue of his office as President of the Trade Practices Tribunal. [More…]
This will allow the court to operate at its full strength during the period of Mr Justice Woodward’s appointment with ASIO, which is for 7 years. [More…]
Her Honour, Justice Gaudron, who will be chairman of the consumer protection authority, has been co-operating with us. [More…]
A government dedicated to the preservation of a profit motivated society is considerably more, to their liking than one that seeks to give social and economic justice to all its people. [More…]
I refer to the fact that the other systems of change have so dismally failed that the High Court which interprets the Constitution and which I heard the Chief Justice say the other day was actually an arm of government that is something with which I might not necessarily agree- has turned out to be the instrument of change. [More…]
Malvern has a large elderly population, whose insubstantial means frequently prevents them from seeking legal justice. [More…]
The people of Prahran, either that pan which comes into my electorate or that part which comes into Melbourne Ports, do not always attain legal justice because of lack of means and/or lack of knowledge and fear of the legal system. [More…]
Both areas have a large Greek population and communication difficulties leave them at a handicap as far as legal justice is concerned. [More…]
Apart from the Chairman, Mr Roy Turner whom I know, and who has a lot of practical experience as a private solicitor acting on the panel of the New South Wales Public Solicitor, other persons who were on the Committee were distinguished and experienced in the field of legal aid, including Mr Justice Lalor who for many years was Public Solicitor in Papua New Guinea and for whom I worked. [More…]
I remind the Prime Minister (Mr Whitlam) that on numerous occasions I indicated to him that if this matter was not settled prior to independence it would go beyond this Parliament into the International Court of Justice and to the United Nations. [More…]
The Prime Minister came in tonight and used the overwhelming majority of his statement to indicate all the background but he made no reference to the discussions that occurred prior to his assumption of office, no reference to the discussions that occurred shortly before he became Prime Minister, but rather sought to justify an exercise which was bent upon mischief, which sought to get around the Queensland view, and which probably will mean an inescapable venture into disputation for years to come- and not disputes in the Australian Territory but in the international sphere, not just through the United Nations but also at the International Court of Justice. [More…]
You are supposed to stand for justice. [More…]
Thus unless they are given assistance our system of justice as a whole becomes suspect, and unbalanced. [More…]
The real essence of the Bill and perhaps the real issue of the Bill, if one wants to put the issue rather brutally and bluntly, can be well summed up in perhaps one expression: Justice to the rich; poor to the hulks. [More…]
It is the poor, the disenfranchised, the indigent, the migrant, the disadvantaged who above all, because of their financial situation and distress, are denied access to any weight in the scales of justice. [More…]
To be held in prison without trial and without recourse to justice is probably one of the greatest infringements of the basic human rights of freedom and liberty, particularly when the Indonesian officials admit that such prisoners were not involved with the coup in 1965. [More…]
Under its new chairman, Mr Justice Rae Else-Mitchell, the Commission is continuing to bring to bear the same expertise and sympathetic understanding to the problem of reducing the inequalities which abound in local government. [More…]
Any party or parties which say they stand for common justice and a free electoral system ought to support the Bill. [More…]
We have seen reports in recent weeks of welders being paid more than $30,000 a year and of the unions waging strike action against contractors on trumped up excuses which have had no relevance to wage justice or the legitimate working conditions and requirements of the men engaged in this work. [More…]
When we introduced the Schools Commission Bill to give some justice to the underprivileged children of Australia, who opposed that legislation most? [More…]
If the Oppositon is not willing to give justice or the appearance of justice under the Constitution, it deserves to have unleashed on it all the terror - [More…]
This Bill will establish in our law those aspects of Aboriginal traditional law relating to land which Mr Justice Blackburn could not uphold in 1971 in the Gove land rights case: It creates for Aboriginals proprietary interests in, and communal title to, land, and makes that title inalienable. [More…]
The purpose of the Australian Security Intelligence Organisation Bill is to provide that the recently appointed Director of the Australian Security Intelligence Organisation, Mr Justice Woodward, should continue to enjoy the rank and status that he enjoyed as a judge prior to his appointment as the Director of ASIO and in all respects to preserve his position having regard to his previous judicial status. [More…]
It is worth emphasising that following the undertaking contained in his policy speech on 29 April 1974 the Prime Minister established a commission of inquiry under Mr Justice Hope to conduct a judicial inquiry into the structure of the Australian security service and into methods of reviewing decisions adversely affecting citizens or migrants. [More…]
The Telephonic Communications (Interception) Bill is particularly pertinent both to the inquiry conducted by Mr Justice Hope and to the amendments which have been introduced into this House. [More…]
It is not impossible, in fact it is quite likely, that Mr Justice Hope has already given the Prime Minister a memorandum suggesting these amendments, but it is not unreasonable for us to suggest that the exercise of responsibility conducted by the previous Attorney-General of this Commonwealth, in his actions in raiding ASIO in 1973, and the profound effect which that action had on the Organisation, could well have led the Prime Minister to conclude that he could not trust any other Minister within his ministry to conduct and oversee the vital work which is the responsibility of ASIO. [More…]
I am speaking off the cuff, but from memory the Australian security organisation was set up under Mr Justice Reid. [More…]
The first and perhaps one of the important factors relating to them is that they maintain the status of Mr Justice Woodward. [More…]
There can be nothing worse than the growth of a bureaucracy in this field; for people who seek legal aid, who seek to obtain justice as they see it, to be dependent upon a bureaucratic service of legal aid. [More…]
I remind the honourable gentleman that justice is never cheap. [More…]
Everybody claims justice for himself. [More…]
One has only to be involved in a court case, being counsel for one or other of the litigants, to see that to exactly the same extent as the plaintiff claims that justice is on his side so the defendant claims that justice is on his side also. [More…]
Justice is never cheap but the opportunity to obtain justice, according to the litigants or the persons caused, must be made available to them. [More…]
If there is one thing that is fundamental in our democracy, in our system of British justice, in our understanding of the common law rights of the citizen, it is that each citizen not only should have the opportunity to receive the services of the law but also should have the right to obtain the services of the lawyer of his choice, who is independent of everyone- government and individuals. [More…]
I have long become resigned to the fact that most members representing the Liberal Party and the National Country Party in this House have a complete disregard for truth, justice and honour if they believe there is some political advantage that can be scored regardless of their actions or statements. [More…]
That was said by the former Senator Murphy, now Mr Justice Murphy, the great friend and proponent of the Prime Minister and the protege of the Prime Minister. [More…]
He cringes from the bar of justice which will pronounce his guilt and his disgrace- the Australian people and the Australian ballot box. [More…]
This Senate, this responsible Senate, has forced the Australian Government to the final court of appeal- the ultimate bar of justice- where this Government’s condemnation will be final and complete. [More…]
The honourable gentleman knows because he has been informed right from the beginning that these changes are within the terms of reference of Mr Justice Hope, the royal commissioner looking into Australia’s security services, and are recommendations which he has made; but, moreover, the Telephonic Communications (Interception) Act itself says how warrants can be issued. [More…]
He would, I believe, endorse and applaud the appointment of Mr Justice A. E. Woodward as the new Director of Security, and the Australian people ought to be reassured that there will be no telephone’ tapping warrants issued in Australia unless Mr Justice Woodward makes that recommendation. [More…]
It should not be any surprise to honourable gentlemen that I adhere to the findings and the recommendations of Mr Justice Collins, the royal commissioner into petroleum. [More…]
All I can say about that, of course, is that having appointed Mr Justice Nimmo to hold - [More…]
I shall not spell out, because one could write an essay on it, the abuses that could become apparent with an income test, but basically we see no justice or equity in applying a means test, for example, to a relatively small farmer who is suffering very bad times. [More…]
most members representing the Liberal Party and the National Country Parry in this House have a complete disregard for truth, justice and honour . [More…]
It is fair to be saying that members of the Opposition are inaccurate in what they say or that they have erred on the side of exaggeration or whatever, but when any man in this place imputes dishonour, lack of truth or lack of justice that person first, I suggest, has to make absolutely sure that his own slate in those 3 qualities is absolutely and perfectly clean. [More…]
We do not want a repetition of what happened when the Minister’s former colleague, the former Attorney-General and now Mr Justice Murphy, introduced the Trade Practices Bill. [More…]
In such circumstances adjustments have to be made more frequently if justice is to be given to these people. [More…]
But does the Government want to give justice to them? [More…]
Sir Owen Dixon, a distinguished Chief Justice of the High Court, observed to similar effect, as I have quoted Lord Haldane and the Engineers Case, when commenting at Harvard in 1955 on the Australian Constitution. [More…]
Will he make representations to both the New South Wales and South Australian Governments in an endeavour to obtain justice for the individuals who are awaiting their compensation payments, in particular, Mrs Ormsby, a widow with six children, whose husband died in an accident in 1971, and who has been waiting since that date for the sum of $ 10,000 owing to her by this company. [More…]
This is an area in which much investigation in strict justice could be carried out to seek to alleviate the problems of the rural producer who has no set income and who is subject to tremendous pressures from seasonal changes in the economy and changes in overseas prices. [More…]
There can be no doubt that if that refusal continues it will have a serious and disruptive impact on the administration of justice throughout Australia. [More…]
All these are basic elements in the administration of justice. [More…]
If the refusal continues and persists, if it is taken much longer to the extreme, there can be no doubt that it will have a serious and disruptive impact on the administration of justice in Australia. [More…]
It would mean- and any person familiar with the working of the system of justice would know- that prosecutions could not be launched, that government departments, government agencies, if sued, could not be represented in the courts of Australia. [More…]
All in all, it would have a very serious consequence for the whole administration of justice. [More…]
Here in the Australia Capital Territory it could mean for example, in the short run, the early discontinuance of the system of night courts which provide such a ready and amenable system of justice, bringing justice to the people who need it. [More…]
The Bill before the House amends that provision of the original Bill relating to the power of the Authority to acquire interests in mining undertakings, and deletes, inter alia, those provisions relating to the declaration of an area to be a petroleum exploration area or a mineral exploration area, the provision for losses suffered by the Authority in providing overseas aid to be reimbursed by the Australian Government, and the power to enter land under warrant of a justice of the peace and other provisions related thereto. [More…]
I do not blame Mr Justice Else-Mitchell for that. [More…]
All of us were informed by local government people in our electorates how difficult it was for them to expect justice at the hands of the State Grants Commission. [More…]
It is certainly not clear under the Opposition’s proposals how this justice will be meted out, how that equity will be dealt out. [More…]
Will the Government, which purports to believe in the fairness and justice of the arbitration system, honour the resulting determination. [More…]
It has had the report of Mr Justice Woodward of the Aboriginal Land Rights Commission since April 1974. [More…]
Until it does, or until we send from this Parliament a Bill which does, we will not do justice to the future. [More…]
It will not bring harmony, as Mr Justice Woodward said in his report, between the Aboriginal community and the rest of the community. [More…]
The decision of Mr Justice Blackburn in the Gove case makes it clear that the relationship cannot be expressed in terms of our laws. [More…]
Mr Justice Blackburn, acknowledging the danger of generalisation, expressed the relationship by saying that the clan belongs to the land rather the land belongs to the clan. [More…]
Accordingly, under the findings of Mr Justice Blackburn, it is made up of persons speaking a common language and having a common patrilineal descent, but the people who speak the same language may in fact be made up of people of different patrilineal descent and people of the same patrilineal descent may in fact speak different languages. [More…]
As was found in the Gove case by Mr Justice Blackburn, although the Crown in that case argued otherwise, the boundaries of lands could be denned with a certain degree of particularity. [More…]
I have tried to summarise it in what I believe is the form in which Mr Justice Blackburn considered it in the Gove case. [More…]
But there are no requirements of a procedural nature even to ensure basic natural justice in the implementation of inquiries by the Aboriginal Land Commissioner. [More…]
Maybe it was, and maybe Mr Justice Woodward did look into the matter and come to a different view. [More…]
So I suggest to honourable members that there is a very serious problem involved here and one to which we will not do justice if we simply allow this Bill to pass through this Parliament without very careful and further consideration. [More…]
I know it is what Mr Justice Woodward recommended. [More…]
It will be remembered that Mr Justice Woodward reported that at least 2 kilometres of the sea should be part of the title to the land. [More…]
Mr Justice Woodward used the term ‘spiritual feeling’, and I suppose all of us would be deficient in that kind of sensitivity. [More…]
The time already taken in investigation of these proposals and particularly in investigation of the proposal of land rights for Aborigines has been very great, and there can be no question that the inquiry into land rights carried out by Mr Justice Woodward was one of the most thorough and searching inquiries which has been seen in this country in recent years, yet the Opposition is anxious to see this legislation referred for yet another inquiry. [More…]
The land commission as recommended by Mr Justice Woodward is not just one person as this Bill suggests by the use of the term ‘Aboriginal Land Commissioner’. [More…]
1 understand that Mr Justice Woodward had in mind a body which consisted of expertise in the area, that is to say, there would be a number of people who would sit on the commission. [More…]
I assume that the Commissioner who has been appointed, Mr Justice Ward, will continue if this Bill passes into law. [More…]
That rather emphasises that there might be some point in what Mr Justice Woodward said. [More…]
Nevertheless we are not thinking sufficiently about the ways of achieving the best result initially if we simply push this sort of measure into law in this country, and this is all the more so in this case where, for instance, we do not even have any explanation of the reasons why there is a material departure from the scheme laid down by Mr Justice Woodward. [More…]
I think it is important to mention in respect of the comment made by the honourable member for Wentworth (Mr Ellicott) that the Commission is entitled in terms of the recommendations made by Mr Justice Woodward to support and to expertise. [More…]
It may be that Mr Justice Ward or whoever the Commissioner may be from time to time, may carry out his functions in a way which does not upset the major economy of the Northern Territory. [More…]
This provision has been inserted since Mr Justice Woodward brought down his report. [More…]
The fact of the matter is that Mr Justice Woodward made a point of consulting with Aborigines throughout the whole course of his inquiry during 1973 and up to the submission of his report in May 1974. [More…]
This Government has acted against the Constitution, as it did last year, and is seeking to subvert the Constitution now, seeking to go against the opinion of that learned judge Mr Justice Murphy and that learned Q.C. [More…]
The authorised person may enter with the consent of the occupier or may apply to a justice of the peace for a warrant authorising entry. [More…]
We all held a view about that, a view which was held by the Court of Disputed Returns, constituted by the Chief Justice, Sir Garfield Barwick, to be erroneous. [More…]
When I became Minister for Education the previous Government had set up a committee of inquiry into academic salaries under Mr Justice Campbell. [More…]
It is completely without any requirement of natural justice. [More…]
We find in these 2 clauses no basic guarantee of land rights; no basic guarantee of natural justice to those who may require some sort of a hearing; and no independent body set up in order to determine matters. [More…]
The fact of the matter is that there has been an intense involvement by my Department, by Mr Justice Woodward and by myself with Aboriginal people. [More…]
Clearly that is an attempt to identify the owners in terms of all the traditions; not the white man’s imposed principles or concepts but in every respect having regard to the anthropological advice to which the Government and Mr Justice Woodward have had access. [More…]
What has been recommended by Mr Justice Woodward is embodied in clauses 24 and 25 of the legislation. [More…]
In other words, His Honour Mr Justice Woodward has bent over backwards to identify the processes by which such problems can be resolved. [More…]
Each of them is a separate entity entitled to identifiable land, as Mr Justice Blackburn found in the Gove case. [More…]
I cannot find anything in the Woodward Commission’s report that really clarifies why Mr Justice Woodward came to this conclusion. [More…]
He would know from the terms of reference of the Commission and the appointment of Mr Justice Woodward that a great deal of dependence was placed on the judge to find the answers to a wide range of problems. [More…]
Mr Justice Woodward said: [More…]
Mr Justice Woodward is making the point that he very much listened to and was greatly influenced by Aboriginal opinion. [More…]
Mr Justice Woodward continued: [More…]
The Minister apparently did not realise what Mr Justice Woodward was saying in this regard. [More…]
I do not accept the contention that everything that Mr Justice Woodward said really is in line with Aboriginal wishes. [More…]
It happened not in relation to Mr Justice Woodward but in relation to an administrator of the Northern Territory who knew Aborigines and was very sympathetic towards them. [More…]
They believe that they are consenting to land trusts in the sense that the Minister spoke about a moment ago when he quoted from Mr Justice Woodhouse’s report. [More…]
Mr Justice Stephen said: [More…]
Mr Justice Mason said: [More…]
Mr Justice Gibbs said: [More…]
A final judgment by the Chief Justice: [More…]
The Governor-General draws attention also to the fact that he had consulted the Chief Justice of Australia. [More…]
1985, is there any evidence, other than his belief, that the case Australia put to the International Court of Justice in 1973 served as a focal point in the mobilisation of international opinion against French atmospheric testing, and that this factor was one which influenced the French Government in the decision which it took. [More…]
Therefore, if we want to do justice to the parliamentary system we should vote for the honourable member for Scullin. [More…]
The lines certainly became blurred when the Chief Justice was asked to give his opinion to the executive head- the Governor-General- as to whether certain things could or could not be done. [More…]
These Bills were introduced following the announcement of the decision to appoint Mr Justice A. E. [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…]
Mr Justice Woodward now receives such additional remuneration by virtue of his office as President of the Trade Practices Tribunal. [More…]
This will allow the court to operate if necessary at its present strength during the period of Mr Justice Woodward’s appointment with ASIO which will be for a number of years. [More…]
That separation was broken by the advice tendered by the Chief Justice to the Governor-General, even though the Governor-General had contrary advice from the Crown Law officer, Mr Maurice Byers, who is the Commonwealth SolicitorGeneral. [More…]
That officer’s advice was contrary to the advice of the Chief Justice which happened to fit in with the advice of the present AttorneyGeneral, the honourable member for Wentworth (Mr Ellicott), who is a relative of the Chief Justice. [More…]
The honourable member has made certain suggestions but in my opinion up to this point of time he has not stated in a direct and deliberate manner that there was any improper motive applying to either His Excellency or the Chief Justice. [More…]
The community of Australia wants to know that justice is done and it should always appear to be done. [More…]
We do not approve of a Chief Justice giving advice as to what he thinks is the situation. [More…]
It is clearly known that the Chief Justice, as far back as the middle of October, was expressing views as to what he thinks should have happened. [More…]
There was a conspiracy with the Chief Justice to remove the elected government. [More…]
There is nationwide unrest and disquiet about his involvement and that of the Chief Justice in the affairs of 1 1 November. [More…]
Or did he substitute this obligation improperly with the advice of the then Leader of the Opposition, the then shadow AttorneyGeneral and the Chief Justice? [More…]
It was the Chief Justice alone, not the Chief Justice with his colleagues who comprise the High Court; and the Chief Justice is a former Liberal Minister who is related to a present Minister. [More…]
I have no doubt at all that the commitment given by the Government will be honoured and that the people of Tasmania will once more be placed on a basis of justice, parity and equality with their colleagues on the mainland. [More…]
The Road Safety and Standards Authority arose out of a report of the Expert Group on Road Safety formed under the chairmanship of Mr Justice Meares in November 1970. [More…]
The scheme fails utterly to come to grips with any questions of justice or equality or need as between Australians, between regions, between cities and towns, between rural and urban populations, or even- in any worthwhile sense- between the States themselves. [More…]
If the actions of the Governor-General, the Chief Justice and the Prime Minister leading to the coup d’etat of 1 1 November are taken as a precedent, it means that a party must achieve a majority in both Houses to be able to govern. [More…]
Where is the social justice in that move? [More…]
They know that we have a system of courts based upon principles of British justice, independent of political control and influence, which will always act to ensure that the system operates properly and effectively. [More…]
The Leader of the Opposition also will be aware that under his Government Mr Justice Sweeney carried out an investigation and subsequently made a report suggesting certain measures which could be taken and which would at least in part help to overcome the problem. [More…]
Subsequently legislation was introduced into this Parliament which so far as the Commonwealth was able to legislate went in line with what Mr Justice Sweeney recommended. [More…]
I apprehend that Mr Justice Hope will be making recommendations on this matter pursuant to his royal commission into the intelligence and security services of the Australian Government. [More…]
My Government responded to public interest in Australian security activities by appointing Mr Justice Hope to conduct the royal commission which I have mentioned. [More…]
That report and the appointment of Mr Justice A. E. Woodward, O.B.E., as Director-General will do much, I believe, to reassure the public that the excesses of similar agencies abroad will not be experienced in Australia. [More…]
You will remember that before Mr Justice Hope was appointed as Royal Commissioner into the intelligence and security services of the Australian Government I had let you see the terms of reference. [More…]
-Mr Speaker, I can assure you that later when there were changes in the head of some of the security organisations, such as the appointment of Mr Justice Woodward himself, your successor, the present Prime Minister (Mr Malcolm Fraser), was similarly informed. [More…]
I would like to put the reasons why I feel that way, but first let me point out that there is no criticism of Mr Justice Woodward in anything I say. [More…]
I could not quite catch whether he said that he expected Mr Justice Hope in his report to recommend that ASIO be placed under the responsibility of the Prime Minister. [More…]
Mr Justice Hope was president of the Council for Civil Liberties for many years while I was its treasurer. [More…]
Justice Woodward should become the DirectorGeneral of the Australian Security Intelligence Organisation. [More…]
The Government, as did the previous Government, has confidence in the capacity of Mr Justice Woodward to bring to bear in this organisation those attributes which are obviously necessary. [More…]
In view of the fact that a person who incurs a debt as a member of a partnership remains liable for that debt after he has left the partnership, and that directors of corporations which are creditors of failed partnerships have a duty to their shareholders to pursue all persons who were partners in the partnership at the time the debt was incurred to seek satisfaction of that debt, I ask whether the honourable member’s Bill will ensure that white collar crime of this type would be more difficult to perpetrate in the future and that persons who deceive the public in security transactions are brought to justice. [More…]
I would remind him of the occasion when Clarrie 0 ‘Shea was gaoled by Mr Justice Kerr for carrying out the wishes of his union members on an industrial matter and not because of his political complexion. [More…]
Mr Justice Kerr committed him to gaol and the whole industrial union movement, not just one pan with a certain political complexion, got behind him. [More…]
I beleve that some of the Labor policies, such as the Australian Assistance Plan, were moving in the right direction, but the election results must show conclusively that the people of Australia are now aware that schemes to ensure social justice must be coupled with sound economic management. [More…]
The Labor Party should, if there was any justice in the electorate system, have somewhere near 20 seats more than it currently has in this Parliament. [More…]
The National Country Party was frantic that an electoral redistribution which just might be passed by the Liberal members of the Senate- those few who might have had some sense of fairnessmight have brought some equity and justice in the distribution of electors in Australian electorates and reduced the disproportion of representation they have in relation to the votes which they are able to achieve. [More…]
The sooner this is remedied the sooner we can see that those most worthy persons in our community are given the justice to which they are entitled under the law. [More…]
The present Government has even failed to go on with the Australian Heritage Commission which was a positive recommendation of Mr Justice Hope of the New South Wales Supreme Court following his inquiry into the national estate. [More…]
It was a decision that was brought about because of the then Chief Justice Dixon’s continual invitation to people to challenge the exercise of arbitral and non-arbitral powers by the same body. [More…]
It was a stupid decision, and I am pleased to note that the present Chief Justice has regarded it as stupid and that the High Court has virtually invited the Government to challenge it. [More…]
So in that aspect there is no justice. [More…]
Already in my brief term of office I have seen situations that reflect little justice for those underprivileged sections of my electorate that cruelly perpetuate depressed environments. [More…]
What would be thought of the next Government if it were to interrogate the official drivers of last year’s Leader of the Opposition about the newspaper proprietors, the bankers, the company directors and the clubs he had visited, or if it were to instigate an interrogation of the official drivers of the Governor-General and the Chief Justice to discover what trysts and rendezvous they had, where they met each other or where they met others in November, October or September last? [More…]
At the time of the Commonwealth Police surveillance we all recall that the Attorney-General, who was then the Leader of the Government in the Senate and who is now a justice of the High Court of Australia, was seeking for that same lady discounted Commonwealth accommodation in Canberra. [More…]
My point of order is that the Deputy Leader of the National Country Party is making imputations against a justice of the High Court. [More…]
They will not keep us down because we of the Labor movement have fought for too long for justice for all. [More…]
Are we to run a system of justice in this country which is dependent upon the mental ability, or lack of it, or peculiarity of any Attorney-General? [More…]
We cannot run justice according to the peculiarities of the mentality of those men. [More…]
We cannot run law and justice on that basis. [More…]
At least we have some justice. [More…]
The political problems of any party are subject to the judgment of the people but police action is subject to the judgment of justice, a court, a jury, a judge, based on the facts. [More…]
They cannot state that the results of the election on 13 December 1975, which should never have been held, determine the propriety of the actions of 1 1 November 1975 and at the same time come in here, one after the other, spouting the most fantastically bad law and political theory in supposed justification and amplification of the GovernorGeneral’s statement and of the Chief Justice’s letter. [More…]
I know that Mr Justice Campbell will take notice of those matters. [More…]
I am sure that it was made with a very sensitive sense of justice that the Government has concerning these matters. [More…]
Honourable members can look to it with some sense of hope and some sense of justice. [More…]
In 1953, as a result of the conniving of the then Prime Minister, Sir Robert Menzies, and the Chief Judge of the Arbitration Court, Mr Justice Kelly, the then Government was able to dispense completely for many years with the basic wage, which to some degree was related to wage indexation as we know it today. [More…]
It is about things like liberty, justice, democracy, equality of opportunity and so on. [More…]
Why is it that we do not have the appearance of justice in this case? [More…]
We need to be very careful that we always make it clear that justice is done in respect of everybody. [More…]
My own view is that we believe in social justice, whatever that may mean. [More…]
Surely we are not that far apart on issues of social justice that measures which are the basis of the setting up of the Committee cannot be given priority. [More…]
It may be that the motion to suspend the Standing Orders will not be carried, but at least I put this to the Attorney and I think that professionally he would see the justice of it: Will he table the notarised documents to which he has referred so that honourable members can ascertain the name of the person who swore this false declaration and so that they can see the nature of the allegations that were made? [More…]
That cannot be done either in the interests of the administration of justice or, alternatively, in the interests of justice to the individuals against whom allegations may be made. [More…]
This in itself vindicates and recognises the justice of the proposal by the Opposition today to discuss this as a matter of public importance. [More…]
They will get more money based on a proposition of need and justice. [More…]
Mt HYDE (Moore) (9.57)-The Bills before the House propose minor amendments to the wheat stabilisation package; firstly to enforce compliance with the intention of that package and, secondly, to effect greater justice to wheat growers by providing that that portion of the cost of production that represents the grower’s own earnings escalates with rising costs. [More…]
Whatever the merits of using the home market to limit the more violent movements in growers’ returns, it is not justice that some growers receive greater benefits in times of low prices while only bearing a proportionate share of the costs in time of high prices. [More…]
I list the signatories: Christina Stead, author; Ray Lawler, playwright; Dr Stephen MurraySmith of Melbourne University, author and editor; Mary Durack Miller, author; Archbishop Sir Frank Woods, the primate; Judith Wright, poet; Justice Sir Richard Eggleston, Chancellor of Monash University; Hugh Stretton of Adelaide University and Professor Passmore of the Australian National University. [More…]
We do not mind where we get the guns from, because we realise now, as happened in Mozambique, the only way we will ever get justice in Rhodesia will be through the gun. ‘ [More…]
I say this now in this forum because it is just running away from the problem to assume, as one can sense that the present Government assumes, that there is nothing wrong in South Africa or Rhodesia, or that justice is being adopted by the Smith regime or by the Vorster regime. [More…]
Delegates representing some 800 million people of many nations made it pretty clear at the conference that they felt there was still an opportunity to get justice if somebody would only take action. [More…]
Now, however, as we sec from the Governor-General’s address and as outlined in the third part of the amendment of the honourable member for Scullin (Dr Jenkins ), this Government intends to destroy that program- a program that was designed to ensure greater social justice and equality of opportunity for all Australians. [More…]
So much for the care, compassion and social justice of the conservatives. [More…]
I was delighted to hear the Chief Justice of New South Wales give the lie to reports that he advised the Governor-General against his proposed actions in November. [More…]
Justice requires that if there is to be a contraction of money supply and of the volume of money that contraction be spread, both in terms of the interest rate charges people pay and the volume of money available to people who would negotiate housing loans in the various States. [More…]
Is it a fact too that Mr Justice Moore has convened conferences and has been aware of salary increases to various employees in particular branches of the metal industry to give effect to the clear case and claim by the metal unions for a catch-up claim in wages? [More…]
Can he say whether the Chief Justice sent a letter or letters to his fellow Justices of the High Court concerning consultations he had on the dismissal of the Whitlam Ministry on 11 November 1975? [More…]
I now ask him whether he has asked the Chief Justice whether he sent such a letter or such letters. [More…]
If he has not asked the Chief Justice, will he do so? [More…]
The Government now has before it for consideration the report of the independent inquiry into the repatriation system by Mr Justice Toose. [More…]
If we look at the justice of the present situation I believe that again the arguments are in our favour. [More…]
There could hardly be a better example of the Government’s grotesque sense of social justice. [More…]
Every unit attracts the same degree of benefit, and accordingly it is the converse of social justice. [More…]
The man comes into this chamber and talks about moral bankruptcy, distorted priority and- I quote him- a grotesque sense of social justice. [More…]
This man had the audacity to come into the House and tell us that the $30m, which is honouring an election promise, is a grotesque sense of social justice, that it represents moral bankruptcy and distorted priorities and that it is a waste and an extravagance. [More…]
We were forced to change the position in the interests of equity, justice and seeing that the Australian taxpayer’s dollar is spent in a proper manner. [More…]
The money should have been used to provide ‘social justice’- I think they were the words he used. [More…]
I find it a little difficult to believe that my former parliamentary colleagues, Mr Justice Murphy and Mr Kep Enderby, were intimidated by their departments about anything. [More…]
Is the honourable gentleman aware of a recent book claimed to be of great literary merit entitled Kerr’s King Hit, particularly as the book relates to comments attributed to the Chief Justice of New South Wales? [More…]
Has the Chief Justice categorically denied the book’s assertions and would this be yet more evidence that the book which so piously claims to be factual is, in fact, a work of second-rate fiction? [More…]
Of course, I also understand that the Chief Justice of New South Wales has in fact denied it. [More…]
The attempt to involve innocent people like the Chief Justice of New South Wales is a clear example - [More…]
He said that it was not the State Chief Justice who was involved in the conspiracy. [More…]
The implication is that it was another Chief Justice. [More…]
Since then other factors have been taken into account, including the environmental considerations presently under scrutiny by Mr Justice Fox. [More…]
For too many years pensioners, particularly those whose income is almost entirely dependent on the pension, have not been given an adequate sense of security or social justice. [More…]
Before honourable gentlemen opposite continue to disparage this provision they ought to have a look at the report of the independent inquiry into the repatriation system that was recently presented by Mr Justice Toose. [More…]
The evidence in the report of Mr Justice Toose indicates that the Compensation (Commonwealth Employees) Act provides for a sum of $300 for the funeral allowance. [More…]
To me there are two important points: One is that justice must be seen to be done as well as be done, and the second point is that the Public Service is there to serve the public. [More…]
Independent Inquiry into the Repatriation System, the report of Mr Justice Toose, as did the honourable member for Herbert (Mr Bonnett) in his contribution to the debate. [More…]
Before you, Mr Deputy Speaker, remind me, I freely admit, as is stated in the report of Mr Justice Toose, that the terms of reference of the inquiry specifically precluded the making of any recommendations in relation to levels and actual rates of pensions and allowances. [More…]
But the next and vital step in order to ensure that .there is justice and equity for those dependent upon the pension is to do what the honourable member for Perth so cogently pointed out this evening is necessary to assess the adequacy of the index to which pensions are related. [More…]
He pointed out that we are looking for justice and equity for pensioners. [More…]
I am on the side of truth and justice, not hooliganism and barbarity as you are always advocating. [More…]
One can imagine that, if there is any truth in the story, people administering justice in New South Wales might feel that those who are seeking to intrude into the privacy of others should, to some degree, be asked to state the reasons why they want the information. [More…]
This question was raised by Mr Justice Megarry of the English High Court of Justice in his fifth Riddell Lecture in 1972 and his comments perhaps are even more pertinent today. [More…]
We are only doing justice to our own servants, our direct employees, in the provisions of this Bill, but this [More…]
Parliament has an obligation to try to do justice to all sections of the community, to see that the national cake is distributed properly. [More…]
I support the amendment and I am very disappointed that at an earlier time the previous Parliament could not see its way clear to give to the Australian Government’s public servants the justice they deserve. [More…]
For instance, he declared that it was his purpose to see, as a matter of social, moral or economic justice, that a supporting fathers allowance was introduced. [More…]
The honourable member quoted Mr Justice Toose and I would like to quote him again. [More…]
Mr Justice Toose said in his report that the substantial body of evidence that he had received said that the tribunals acquitted their responsibilities well and expressed complete satisfaction with their work. [More…]
Then we had the extraordinary spectacle of the then Attorney-General at the International Court of Justice, not to mention the way in which the decision was leaked by the then Prime Minister prior to the Court handing down its decision. [More…]
I do not think, however, that he does himself justice when he says that he is a protectionist as against free traders. [More…]
He was referring to prosecutions launched by Sankey against the Leader of the Opposition (Mr E. G. Whitlam), Mr Justice Murphy and others. [More…]
In that one speech the most scurrilous allegations were made against a private citizen without notice; disgraceful allegations were made against the entire legal profession in New South Wales- and I will snow why; disgraceful allegations were made against a magistrate; a disgraceful allegation, which was really an aside, was made against 2 members of this House, one the Prime Minister (Mr Malcolm Fraser); there was a disgraceful innuendo or imputation against the Governor-General; and there was one of the worst possible breaches of privilege of this House one could imagine in an attack on the entire administration of justice in New South Wales. [More…]
I said that the New South Wales courts would not wish to muddy their track record of double standards in the administration of justice. [More…]
What the honourable member for Hunter was saying what that there was a track record, a history and a tradition of double standards in the administration of justice in the New South Wales courts. [More…]
These are the courts to which the people throughout the State go for justice, the courts in which the people have confidence, the courts of British justice in which the people have had confidence for thousands of years. [More…]
In my understanding there has never been any sort of general or blanket attack upon the administration of justice in New South Wales such as was made by the honourable member for Hunter. [More…]
The police officer will go home and blame British justice. [More…]
That is what was done in all sincerity, in all justice, with regard to the Brisbane Airport. [More…]
It is a denial of justice to these poorer groups, younger people in particular, to hold out a reward for savings which they cannot make. [More…]
The Bill which the honourable member for Port Adelaide (Mr Young) has introduced is designed to bring clarity, honesty and a measure of elementary justice to the vexed question of the funding of election campaigns. [More…]
It takes away common sense and justice from the legislation my Minister introduced last year and replaces them with an irresponsible, pork barrel approach to a vital national problem. [More…]
Not only would that be of some benefit to the Parliament but it would also assist people such as the Parliamentary Counsel who for a period of years have been working in a situation in which they were getting less than the people working for them, and that is not justice by any stretch of imagination. [More…]
Mr Justice Taylor referred at page 347 to the fact that what was thought was going to be applied, particularly in the Australian Capita! [More…]
The net result was that, although the intention was that the 1 909 Act should apply, in fact the 1910 Act applied with as Mr Justice Taylor said, a curious legislative muddle. [More…]
Was Mr Justice Larkins among the guests. [More…]
Does the Treasurer agree that this is an example of people- for example, Mr Justice Kirby- getting on the Cameron privacy waggon which has been rolling since I arrived as a member of this House in 1966? [More…]
I do not know whether Mr Justice Kirby is on the honourable gentleman’s privacy waggon but I am well aware, by recollection over the years, of the very considerable interest in and the particular contribution which the honourable member for Griffith has made to making Australians better aware of the need to ensure that our people are protected against the types of invasion of privacy to which he has made earlier reference. [More…]
I make no apology for the fact that he, together with 21 other people, happens to be a partner of my brother in a legal firm in Sydney, just as I would not have criticised the appointment of Mr Justice Dovey to the Family Law Court if that appointment had been made by the previous Government. [More…]
After Sir Garfield became Chief Justice an article he had written when Attorney-General was published in the first issue of the Federal Law Review in June 1 964 again arguing the case for a Superior Court. [More…]
Last July, in a speech to the eighteenth Australian Legal Convention in Canberra, Mr Justice Mason, as he had become, summed up the problem faced by the High Court and the absurdity of shelving the Superior Court. [More…]
The main reason for proposing the Court in the first place was the need to relieve the High Court of most of its single justice original jurisdiction. [More…]
The Australian Ambassador in Washington has reported to date that contacts between his Embassy and the United States Justice Department had revealed no evidence so far about payments in Australia in respect of the sale of Lockheed aircraft. [More…]
I would add that the Justice Department has said that its own investigations into the question of overseas payments in general were at a very early stage and would take many months to complete. [More…]
But like the question ‘What is justice? [More…]
The only significant difference appears to be that where the person detailed for search so requires the search may only proceed on the authority of a Justice or a Collector (i.e. [More…]
a Principal Officer of Customs) whereas the Law Reform Commission’s Interim Report envisaged that such a determination should only be made by a Justice. [More…]
Because of the very real practical considerations- such as the difficulty of locating a Justice where compelling circumstances for search may exist in remote areas of Australia, and the need to be able to cope immediately with an armed person- I do not intend to vary present legislation. [More…]
However, new instructions require that a person detained for search be given the option of whether he prefers that the matter of search be determined by a Justice or a Principal Officer of Customs, and that as far as possible his wishes be met. [More…]
The woman concerned elected to have the matter of search determined by a Justice or Principal Officer of Customs; but before suitable arrangements for this could be made, she disrobed in the Customs Hall at the Terminal. [More…]
By any standards of conduct, towards Aborigines or non-Aborigines, this constitutes the most deliberate attempt to pervert the administration of justice. [More…]
The Minister said that this was a most deliberate attempt to pervert the administration of justice. [More…]
This was not just for the purpose of vindictively searching out people who had offended in the past and bringing them to the bar of justice, but for the purpose of preventing a recurrence of the kind of situation which has characterised Aboriginal-police relations for far too long. [More…]
Indeed, since there has been large scale evidence of bad treatment of Aboriginal people by the courts, the police, institutional people and many others associated with justice, I sought at the request of the Aboriginal Legal Service and a large number of other legal people and persons involved with social welfare organisations to extend the terms of that inquiry past the Northern Territory on to a Australia wide basis. [More…]
I suggest to him that the comprehensive nation-wide royal commission which the Labor Government had in mind and which was coming near to finality on 1 1 November last should be given effect to by this Government and that all governments in Australia should be asked to co-operate in the probe which all of us would hope will bring a fair go and justice to Aboriginal people who have been subjected to indignity for far too long in respect of these matters. [More…]
Truth and justice must prevail. [More…]
Since 1972, the Council Chairman has been Mr. R. M. Northrop, Q.C, now Mr Justice Northrop. [More…]
Mr Justice Northrop has now reported to me and I have consulted with the principal parties to the industry on the details of their submissions. [More…]
Having examined all material available concerning the future arrangements for the stevedoring industry, including the position statement prepared by Mr Justice Northrop, and having discussed this statement with major interests in the industry, the Government is now able to indicate the course of action it considers appropriate. [More…]
The Government notes that in paragraph 54 of his statement Mr Justice Northrop identifies the problems arising under the existing arrangements as being: [More…]
As is pointed out in the detailed position statement prepared by Mr Justice Northrop, no submission made to him favoured the retention of the existing arrangements but with the temporary legislation amended on a permanent basis. [More…]
Therefore it is proposed that to allow this industry to be placed on a basis which is as normal as possible the following steps are to be taken: The existing temporary legislation is to be continued until 31 December 1976; the ASIA is to continue its existing operations until 31 December 1976; arrangements will be put in hand to assist the staff of the ASIA as outlined earlier; the Stevedoring Industry Council, under the Chairmanship of Mr Justice Northrop, is to continue until 3 1 December 1976; the employers and the Waterside Workers Federation will be asked to indicate the steps being taken to reduce the existing size of the workforce; the employers and the Waterside Workers Federation will be required to submit for my consideration details of the arrangement proposed to deal with recruitment, redundancy and means of coping with the fluctuating labour requirements of the industry; the employers and the Waterside Workers Federation will be asked to evidence means of securing adequate labour allocation arrangements; satisfactory arrangements have to be determined concerning funding arrangements for the industry; proposed consultative machinery should provide details concerning effective representation of user interests, for example, the Australian Shippers Council and other relevant bodies such as the Australian Ports and Marine Association. [More…]
I sincerely hope that the Minister for Post and Telecommunications might have an early look at this matter to see that justice is done and so that the Australian public will not unfairly be deprived of an effective news presentation which is at present occurring as a result of this dispute. [More…]
-The honourable member for Hunter (Mr James) has acquired a reputation in this chamber and throughout the country for his sense of justice. [More…]
Those cost pressures have to be reduced with an abiding sense of social justice and an abiding sense of the desire to distribute the burden in Australia. [More…]
The British Labour Government, for example, which is in a similar bind but rather worse, in trying to reduce cost pressures in that nation is not going to the same length to provide social justice by guaranteeing disposable incomes to its own citizens with varying numbers of dependants and at various levels of income. [More…]
I believe that significant turning point can only be gained and can only be secured if 4 areas of the population with responsibility realise the social justice and the sense of fairness of what is being done. [More…]
The sense of justice that underlay last night’s proposition ought to be appreciated. [More…]
I remind the Minister for Business and Consumer Affairs (Mr Howard) that in the very first customs case that came before the High Court- Murray and Company v Collector of Customs (1903), 1 Commonwealth Law Reports, page 25- Chief Justice Griffiths set out at page 36 the criteria for a customs measure. [More…]
Even then I received justice from the people not from the judiciary. [More…]
It is my strong conviction that people must be involved in the issues that control their lives; they cannot leave it only to the ballot box every three years, they must be on guard and meet the issues day by day- it may only need to be a letter to the newspaper or a protest to your local politician but where it warrants it, it may need mass action, a mass protestwhether that action be the Victorian farmers marching on Melbourne, or people demonstrating against the war in Vietnam, or trade unionists demonstrating for economic justice, or ratepayers demonstrating against their Council’s rezoning of their living area from a low ratio residential development to high rise, or it might just be a protest march to protect a pan of our national heritage. [More…]
As a result of the previous Government’s interest and anxiety about the matter, it appointed Mr Justice Northrop to look at the problem. [More…]
Apart from the matter of security, not one of those headings to which I have referred would be the province of Mr Justice [More…]
On 25 March 1976 I informed the House that I did not think it would be in the interests of justice to table the police report received by me concerning possible breaches of the Banking (Foreign Exchange) Regulations. [More…]
If finance is delayed, justice is denied. [More…]
In justice to the honourable member for Adelaide, let us look at what the Whitlam Government offered at the time of the South Australian election. [More…]
A government can only do what is possible in determining the adequacy and the justice of that market. [More…]
If that is done, and if it is costed, I believe that it would provide a semblance of justice in respect of the scheme. [More…]
I believe that the Government would get credit if the Minister would only indicate that this whole matter will be looked at again, with the idea of providing some semblance of social justice that ought to apply in respect of this section of the community. [More…]
These formal bids will now be subjected- initially by the Treasury and eventually by the Budget Cabinet- to a thorough-going review against the broad criterion of containing Government spending while at the same time having regard to generally accepted notions of social justice. [More…]
The report of the Taxation Review Committee under Mr Justice Asprey also saw advantage in a change of this kind. [More…]
In short, as has been emphasised today, the arrangements made by the Government provide a measure of social justice whilst at the same time introducing a much needed area of financial responsibility. [More…]
The Government has given a splendid opportunity through these proposals for these major sections of the community to work together with the Government for the common good of all Australians by providing an economic program which is vitally concerned with social justice in conjunction with sound economic management. [More…]
There was an element of justice in both arguments. [More…]
However, in the announcement of its final decisions it ensured that special considerations will be given to the future of the problems of low income families and the needy to provide justice to the individual taxpayers. [More…]
The Royal Commission was established, as honourable members will remember, in September 1974 to investigate certain payments to maritime unions and the investigation was conducted by Mr Justice Sweeney. [More…]
The recommendations made by Mr Justice Sweeney will involve my colleagues the Attorney-General and the Minister for Transport, as well as my own Department in regard particularly to accounting practices of unions and financial reports to union members. [More…]
A fundamental provision recommended by Mr Justice Woodward- namely, to declare the nature of the Aboriginal land rights to their own land- was omitted from the Bill introduced by the previous Government. [More…]
The fact is that the levels of $300 for those who want to stay in Medibank and $350 for those who decide to go into private insurance, as I mentioned, and an additional cost of $135 for private medical and intermediate hospital insurance for those who stick with Medibank, were not struck as a result of some searching guided by a sense of equity and justice. [More…]
The other is to bring about greater wage justice and social benefits by the introduction of tax indexation and family allowances in the desire that there will be greater wage restraint on the part of the ordinary men and women of this country. [More…]
The family allowances plan obviously, therefore, has a dual benefit for the country: Firstly, it introduces a very real measure of social justice into our welfare system and, secondly, together with the impact of” personal income tax indexation, it will redirect resources to people in the community who have a much higher propensity to consume. [More…]
It has always been a basic principle of justice that justice seen is justice done. [More…]
A very significant matter that was referred to me by the Chief Justice of Tasmania was whether contempt proceedings before the Family Court should be dealt with in open court or in closed court. [More…]
It is a basic principle of justice that that should not happen. [More…]
If a member of the public or a member of the Press can go in, not to publicise what is being said by the parties but to see how the proceedings are being conducted, we are more likely to get purer justice administered. [More…]
What we are talking about is not justice, but conquest. [More…]
We cannot reform our ancestors or reverse the past, but we can infuse justice into the situation. [More…]
Taxation indexation must be seen as a device to bring justice to taxpayers in an inflationary situation. [More…]
It so happened that when I called for the legal advising as a matter of information for myself, that legal advising had been prepared not by a law officer of the Crown within the Public Service but by a former Attorney-General who is now the Chief Justice of the High Court of Australia, Sir Garfield Barwick. [More…]
I had no intention of compromising or embarrassing in any way at all the Chief Justice of the High Court of Australia who might very well have been placed in the position of having to deliberate on this important case if it had proceeded further. [More…]
Is the Commonwealth necessarily wedded to Mr Justice Sweeney’s proposal to validate or forget the past and merely alter the auditing obligation of bodies registered under the Conciliation and Arbitration Act? [More…]
-The report of the Commission of Inquiry into Alleged Payments to Maritime Unions, which was chaired by Mr Justice Sweeney, was tabled recently in both the Senate and this place. [More…]
I said that the report and the recommendations by Mr Justice Sweeney were under active consideration by the Government- by my Department, by the Department of the AttorneyGeneral and by the Department administered by my colleague the Minister for Transport. [More…]
We hear a lot about equality, justice for all and the quality of life. [More…]
They believed that the Chief Justice of the High Court of Australia should be above Party politics. [More…]
A month later the then Attorney-General now Mr Justice Murphy, and I re-affirmed to the representatives of local government throughout Australia that we were still of the same determination. [More…]
Let me go back some years to what the former Chief Justice of the High Court of Australia, the late Sir Owen Dixon, said in the railway case of 1953. [More…]
We are trying to alter, with justice, the situation they developed and imposed upon the people. [More…]
As I said, that cacophony of cliches which was delivered by the Leader of the Opposition did him no justice. [More…]
For the honourable member to suggest that at some future point of time we will have a Labor Minister who may choose to appear on his own behalf and put submissions to the Conciliation and Arbitration Commission does him less than justice because he has appeared before that Commission on many occasions. [More…]
One of the other more startling actions of this Government in relation to the environment, and a matter which is indirectly related to the subject of the debate today, was its high-handed action in directing Mr Justice Fox to complete the Ranger uranium environmental inquiry by May this year. [More…]
In that case Mr Justice Fox quite rightly ignored the direction and is ensuring that the inquiry is conducted in a proper manner- a manner that is laid down by the legislation. [More…]
Because of the Industries Assistance Commission’s report on the dairying industry, I do not personally look on this referral of the problem to Crawford as being an appeal from Caesar to Caesar, but rather as a matter of poetic justice due to the fact that some aspects of the IAC report are insufficiently thought through. [More…]
The first reason is that I believe it is morally wrong, in justice and in law, to take a levy from a certain section of producers and not allow them to have representation in regard to the affairs of the Dairy Corporation. [More…]
In the decision of the Chief Justice he said that there was constitutional power under Chapter III, there was constitutional power under section 5 1 placitum (xxi) and under section 5 1 placitum (xxii). [More…]
One has to look at what justice means to the parties that are involved. [More…]
Every effort should be made to ensure parity of justice for these claims throughout Australia, striving to achieve uniformity. [More…]
I would only say that if judges are subject to scrutiny by members of the public it is more likely that there will be quality in the administration of justice. [More…]
This intention was given support by Mr Justice Woodward in the first report of the Aboriginal Land Rights Commission in 1973. [More…]
I think that possibly the last Minister for Aboriginal Affairs in the previous LiberalCountry Party Government understood this particular problem and made moves to try to stop this unfair administration of justice. [More…]
This amendment will provide a freedom and a justice in the circumstances. [More…]
During the recess, however, it has been the practice for the Speaker, in order to prevent delays in the administration of justice, to allow the production of minutes of evidence and other documents, on the application of the parties to a private suit. [More…]
Obviously there are some cases, and the Scientology case is one of them in which what is said or done in Parliament is relevant to the administration of justice. [More…]
To produce the Hansard in such a case would not be an infringement of privilege because Parliament has always recognised that it will not impede the administration of justice. [More…]
For Parliament to claim privilege in relation to such a matter of evidence would be, quite clearly, to impede the administration of justice, as it would mean that a party who had an adequate defence under the law would not be able to establish it unless he first established what was said in Parliament. [More…]
It could not have come before that court without permission of a Justice of the Supreme Court of New South Wales. [More…]
Leave was sought and obtained from Mr Justice Lee of that Court for the matter to come before the Court of Appeal of New South Wales. [More…]
I would respectfully submit to you, Mr Speaker, that this is not a matter in which the sub judice rule applies, but the motion simply allows justice to be done if the event occurs between now and, say, 17 August, 24 August or whenever the Parliament resumes. [More…]
It allows justice to be done to the extent it could be done by the issue of a subpoena should the Court of Appeal or some ultimate court of appeal hand down its judgment in the meantime in a way which would enable the proceedings at Queanbeyan to continue. [More…]
What steps will be taken to obtain the passports of the controllers of Parkes Developments so as to avoid a repetition of the problems experienced in bringing the Bartons to justice? [More…]
This Bill, like the Administrative Appeals Tribunal Act, had its origin in the report of the Commonwealth Administrative Review Committee, under the Chairmanship of Sir John Kerr, then Mr Justice Kerr. [More…]
Firstly, the one we all would want is the immediate end to the killing, a sensible, realistic assessment of the pressures that produced the war and a solution that would bring justice to all. [More…]
In February 1 973, the former Government appointed an Aboriginal Land Rights Commissioner, Mr Justice A. E. Woodward, to inquire into and report on ‘the appropriate means to recognise and establish the traditional rights and interests of the Aborigines in and in relation to land, and to satisfy in other ways the reasonable aspirations of the Aborigines to rights in or in relation to land’ in the Northern Territory. [More…]
Mr Justice Woodward presented his first report in July of that year and in it recommended that a northern and a central land council be established to consider the preliminary views he set down in that report, and to present to him, with expert legal advice, the views of the Aboriginal people of the Northern Territory on their land rights. [More…]
Mr Justice Woodward presented his second and final report in April 1974. [More…]
One of the early tasks for the commissioner will be the consideration of the strength of traditional claims to the pastoral leases held by Aboriginal groups- not only the properties of Kildurk and Willowra, which Mr Justice Woodward considered in his report, but the property held by the Gurindji group at Wave Hill, and the several other properties recently bought for Aboriginal communities by the Aboriginal Land Fund Commission or now being purchased by the Commission. [More…]
To that end I would expect the Land Commissioner, in considering the claims, to take account of the history of the properties and of the views expressed by Mr Justice Woodward. [More…]
Where Aborigines have agreed to mineral exploration we would expect, as Mr Justice Woodward proposed, that development of any economic discovery made would follow, subject only to agreement on terms and conditions. [More…]
Where negotiations or terms break down, the Bill provides for an arbitrator to be appointed to determine a fair agreement, as recommended by Mr Justice Woodward. [More…]
The Interim Land Commissioner, Mr Justice Ward has advised that his recommendations on the claim will be presented to me shortly for consideration. [More…]
If it was not coincidence or due to some other reason, will he consider setting up an inquiry into the meat buying activities of the meat companies so that a genuine auction system is either revived or some other selling method is introduced which will guarantee price justice for the producer. [More…]
The Government is concerned about the situation in Whyalla and at Newcastle, but I think the honourable gentleman does not do his own previous Administration justice. [More…]
If he is not attacking His Excellency the Governor-General or the Chief Justice of the High Court, he is attacking Medibank. [More…]
We rather hope that justice in the course of events will see him a Minister again and I sincerely trust that the growing number of back bench members of the Liberal Party who are promoting him as a future, and fairly immediate future, Prime Minister of the present Government have some success in the manoeuvres they are undertaking. [More…]
-The Australian Heritage Commission was established by a Labor Government after the receipt of the report of the Committee of Inquiry into the National Estate which was chaired by Mr Justice Hope. [More…]
The Australian Heritage Commission, the establishment of which was proposed and enacted by the Labor Government, was to be the tool to achieve the fine aim of giving substance to the concept of the National Estate- a fine concept which was identified by the Australian Labor Party and which was enshrined by Mr Justice Hope and his colleagues in their fine report. [More…]
In April 1973, the Labor Government set up a committee of inquiry under Mr Justice Hope. [More…]
There is no justice when it comes to Treasury decisions unless of course the Prime Minister Fraser has a pet subject when he then says: ‘Look, I will have that. ‘ [More…]
It was to establish and maintain a register of the components of the Estate and broadly was to give effect to the recommendations of the committee of inquiry established under Mr Justice Hope in April 1973. [More…]
One was from a justice of the peace, another from a bank manager, another from a district governor of Lions, another from the principal of a State high school, another from a former member of the Legislative Assembly in Queensland, and another from a former Attorney-General dated in 1974. [More…]
The Senate Select Committee on Securities and Exchange was established as long ago as 1970 on the motion of the then Senator Murphy, now Mr Justice Murphy. [More…]
The matter was the.subject of comment by Mr Justice Street, now the Chief Justice of New South Wales, when dealing with a matter relating to that company which came before him. [More…]
When we see the petty criminal sent to gaol, we wonder where justice is when we see people who have misappropriated millions being able to escape scot-free. [More…]
The Remuneration Tribunal reported that certain alterations were desirable in the remuneration and travelling allowance payable to justices and judges of Federal courts, and of the supreme courts of the Territories and persons who, by virtue of an Act, have the same status as a justice or judge of such courts. [More…]
The circumstances contemplated are where the Chairman dies; being a Judge of a Federal Court, other than the High Court, or a Territory supreme court, retires as such a judge; or retires from an office which entitled him to the status of a justice or judge of one of those courts. [More…]
The Deputy Leader of the Opposition has done us less than justice by not reading the Budget Papers further. [More…]
Indeed, in New South Wales, Mr Justice Selby suggested that the existence of the action for breach of promise to marry runs counter to the prevailing social attitudes to marriage and preparation for marriage. [More…]
I spent 3 hours obtaining statutory declarations from the couple, and I took them to see the State Minister for Justice. [More…]
Paragraph 1 of article 13 permits disputes concerning interpretation between the States to be arbitrated or, if this fails, to be referred to the International Court of Justice. [More…]
The third part of the review structure is carried out in the courts of law by means of the prerogative writs, the ancient writs of prohibition, certiorari, mandamus and quo warranto which draw on the inherent reserve power of justice which resides in the Crown. [More…]
It is no exaggeration to say that in most cases before the courts, when an application is made for one of the prerogative writs a great deal of the case is occupied by argument as to whether these ancient remedies can be granted at all in the case that is before the court, while the substantive merits or the justice or the substance of the case is deferred as almost an appendage for later argument. [More…]
The deportee had had what the law calls a fair hearing under the rules of natural justice. [More…]
Thus there is some general measure of justice for migrants who commit crimes. [More…]
In other words, there ought to be room for an appeal system, based on fairness and justice, in all cases where the migrant is a permanent resident in Australia and in those cases where the illegal entrant or the migrant on a temporary visa has a material change in his circumstances since he first entered or decided to enter the country. [More…]
It is purely another piece of machinery to give justice to the ordinary citizen. [More…]
The exclusions of jurisdiction contained in sub-clause 2 of clause 5 indicate the other institutions and those other officers and arbitrators who assist in placing justice in the hands of the citizen. [More…]
I am at the moment considering proposals for judicial review of administrative decisions which will simplify the procedures, but may I say that as part of that proposal there will be an administrative procedure part of the relevant Act which would be designed to apply basic rules of natural justice to all administrative tribunals so as to ensure that all Commonwealth tribunals see that people are treated fairly, that they get the opportunity to be heard, and so on. [More…]
action taken by a Justice or Judge of a court created by the Parliament; [More…]
The mixed economy is no longer challenged by those who would seriously attempt to ensure economic growth and social justice. [More…]
This Budget- inadequate and misconceived as a response to our immediate problems, negative and destructive in its particular measures, class-ridden in the most profound sense- will drive us further apart from those nations where true progress and social justice are pursued. [More…]
Everyone knows that they are the representatives of capital, but are they completely devoid of a sense of social justice? [More…]
It places emphasis on those areas of social justice that are the most needy. [More…]
If Mr Justice Fox wants to go overseas, by all means let him do so, but let us get on with the job by definite Government decision. [More…]
This will provide social justice for all pregnant women in Australia. [More…]
I am thinking of social justice for certain groups in particular. [More…]
On 24 June this year, Mr Justice Cantor in the New South Wales Supreme Court directed that $2.25m be paid into the Thalidomide Foundation for approximately 25 children. [More…]
The Australian Legal Aid Office offered to many migrants the only hope of justice, the only protection of their rights as citizens. [More…]
Indexation introduced order and dependable justice to wage setting. [More…]
We were trying to get justice for the Australian people, to ensure that they got a proper equity out of God-given assets like bauxite, coal and iron ore. That is what we were after. [More…]
Mr Justice Gallagher investigated the living conditions of the working class people, the miners, at Blackwater. [More…]
Let me quote what the Miners’ Federation and Mr Justice Gallagher went on to say. [More…]
Mr Justice Gallagher went on to refer to 2 miners wives who had given evidence. [More…]
Mr Justice Gallagher said: [More…]
This time they had the active support of the Chief Justice of the High Court of Australia, a man who had been an Attorney-General in a Liberal Government. [More…]
To act in the manner he chose, Sir Garfield Barwick had to ditch the convention that the Chief Justice of the High Court must not give secret advice to the Governor-General on a matter calling for an interpretation of the Constitution which could involve political partisanship. [More…]
The advice which Sir John Kerr sought from the Chief Justice should never have been tendered because it was political in content and purpose. [More…]
It went completely against the judicial convention that the Australian High Court has no advisory role, and certainly no single justice of the Court should tender advice on a matter which may come before the Court. [More…]
Then, I think we have to concede, with an exceptional insight into the thoughts of the Chief Justice, he said that if the then Prime Minister did not seek an election ‘it could establish the circumstances where the Governor-General under section 61 of the Constitution would feel impelled to withdraw the Prime Minister’s commission’. [More…]
In my case it enabled the GovernorGeneral to dispense with the principles of natural justice and to dismiss me without a reason and without giving me an opportunity to be heard. [More…]
Is it not an extraordinary coincidence that, while Sir Garfield Barwick was walking around the High Court wishing that he had the power to sack the then Prime Minister in September last, the present Prime Minister had already worked out the precise legal formula which the Governor-General and the Chief Justice were to endorse exactly 8 weeks later? [More…]
In substance, the Chief Justice had told the Governor-General that he had the power to trample on yet another convention and, having that power, he should use it. [More…]
But in any event the question of whether or not the Governor-General should disregard the Prime Minister’s advice was determined not solely by propriety but by the Chief Justice asking whether the Governor-General had the power, firstly, to reject the advice of his chief Minister; secondly, to remove him from office; thirdly, to commission the minority leader in the Parliament to form a new government; fourthly, to dissolve the House of Representatives because of the Senate ‘s failure to grant Supply; and fifthly, then to dissolve the Senate itself for twice rejecting 2 1 Bills passed by the House of Representatives. [More…]
But the Press deliberately ignores the fact that the system already has suffered almost irreparable damage at the hands of those who constitute the ruling class and those who serve the ruling class- the Governor-General, the Chief Justice, the Liberal Party, the National Country Party and the Press. [More…]
There is some justice, we must agree, in permitting those members of the community who have severely fluctuating incomes to average those incomes for taxation purposes. [More…]
Is the Government concerned that continued trade, diplomatic recognition and sporting and cultural ties, may serve to bolster the white Government and to jeopardise racial justice and equality. [More…]
Perhaps I should remind the Minister that, in his judgment, Chief Justice Barwick said that sovereign rights to explore and exploit this area belong to the Australian Government in the right of the Crown and not the States. [More…]
Last February in answer to my question on the seventh anniversary of the Industrial Court judgment in Moore v. Doyle which stressed the urgency of Federal and State legislation to reduce demarcation issues between Federal and State unions- in that case the transport workers unions- he stated that the Federal legislation passed after Mr Justice Sweeney’s report depended on complementary or similar State legislation, and he went on to say that the matter was raised at almost every conference of Ministers for labour and that he himself would be looking at ways to deal with it with State Ministers. [More…]
The Commonwealth is not the overlord in this fight; it relies on cooperation not coercion, sacrifice not spending, and responsibility not rashness in its relationships with the States to build a sound base of both justice and interdependence in economic management. [More…]
He is none other than the infamous Alexander Barton, who is in Paraguay as an absconder from justice. [More…]
By sending some of the more productive cattle to these countries, Australia could well become the leader of an international effort to restore social equality, stability and justice in a hungry world and help to bridge the enormous gap which divides the nations of the world. [More…]
The lack of apparent intervention and concern by previous governments is illustrated quite clearly in a letter received by the Commissioner of the Royal Commission on Petroleum, Mr Justice Collins, on 13 May 1975 from the then Minister for Minerals and Energy, the honourable member for Cunningham (Mr Connor). [More…]
Dear Mr Justice Collins; [More…]
That is the essence of the principle of bringing justice to everyone, it matters not whether he is a wage earner, a business man or a farmer. [More…]
The Liberal and National Country Parties believe that protection of the consumer is essential to justice in the market place . [More…]
I might say that the successful resolution of this case within the confines of the union movement supports the advice that I have been giving to other union members in a similar situation to those involved in this case, that is, to exercise fully their right to natural justice within the rules of the organisation to which they belong without in any way inhibiting their ultimate right to seek remedy in the Industrial Court. [More…]
I hope he understands that the concept involves justice for 70 per cent of the Australian people who seek private insurance. [More…]
Imagine what sorts of effects this will have on the Australian Council of Trade Unions and the whole trade union movement when they next apply to the Conciliation and Arbitration Commission for wage justice. [More…]
Is that social justice? [More…]
It is one that wc ought to uphold as an important principle quite apart from the question of giving pensioners justice. [More…]
It is a principle of justice for pensioners. [More…]
At the divorce hearing, Mr Justice . [More…]
I will say this and say it decisively- and again I think I speak for most of the people on this side of the House- if there is a cause for social justice, if there is a cause that merits a strike I would be the first one to commend to the men that they go on strike. [More…]
I believe that this Budget is one of the greatest social justice pronouncements of our time. [More…]
I ask: Which honourable member opposite has been game enough to stand up and say that the new family allowances scheme is the greatest social justice move in this country in 75 years? [More…]
Which honourable member opposite is prepared to stand up and say that the Government’s proposal to put up $225m for aged persons homes and hospitals over the next 3 years is a great social justice move? [More…]
During the last two or three days the Government has examined the broad thrust of one of the recommendations of Mr Justice Toose who also recommended that a separate repatriation system be maintained. [More…]
In addition, the Government is accepting the recommendation of Mr Justice Toose, which is also a recommendation of the Returned Services League and of the Australian Services Council, that despite the very long-standing tradition the name of the Department of Repatriation ought to be changed to the Department of Veterans Affairs. [More…]
It is quite a travesty of justice for everybody to assume now that there must be a power of rejection by implication. [More…]
That is in section 53 of the Constitution, the opinion of the Governor-General and of the Chief Justice of the High Court of Australia notwithstanding. [More…]
I think he would have been far wiser if he had taken solace in the research department of the Parliament Library and the Solicitor-General, rather than in the Chief Justice of the High Court. [More…]
It should stir the animosity and hostility of every decent citizen who believes in equality and basic electoral justice. [More…]
I would like to remind honourable members that the Bally organisation was the subject of an inquiry in New South Wales into allegations of organised crime in clubs in which a royal commissioner, Mr Justice Moffitt, was specifically asked in term 3 of the reference to inquire whether: [More…]
Mr Justice Moffitt’s report was published in August 1974. [More…]
Mr Speaker, I believe that honourable members should read Mr Justice Moffitt’s report, and particularly part VII. [More…]
Klein and Catena both figure prominently in Mr Justice Moffitt ‘s report. [More…]
I conclude by saying that yesterday Mr Justice Moore of the Conciliation and Arbitration Commission met with representatives of employers and employees and the Government to consider the future of the income fixing procedures to which I have just referred. [More…]
Quite obviously the Liberal-National Country Party Government, aware of its responsibilities to ensure justice and charity in the distribution of our economic resources, has seen fit to commit 25 per cent of its total Budget outlays, that is $6 187m, to this area. [More…]
Justice and charity are the hub and core of our policy, not the idle chatter that we have heard over the last 3 years. [More…]
Gough Whitlam and Tom Uren appointed Mr Justice Hope to collect material and write a report on the ‘National Estate’. [More…]
Mr Hay acknowledged that time was too short for him to do justice to this matter. [More…]
Both the present Committee and its immediate predecessors held discussions with the Department of the Capital Territory to determine a new format for the plan, following criticism by Mr Justice Fox in Kent v. Cavanagh (one of a series of cases concerning the construction of the Black Mountain telecommunications tower). [More…]
There are such things as wage and price justice, and this Government is completely ignoring them. [More…]
The spin-off of wage justice brings 2 things. [More…]
Can wage and salary earners look forward to wage justice? [More…]
I raise this matter because I want to refer to the Minister for Immigration and Ethnic Affairs (Mr MacKellar) the reported remarks of Mr Justice Gibbs in the High Court to the effect that amnesty should have been granted to this gentleman, an Italian journalist whose deportation the Minister has ordered. [More…]
-The Australian Federation of Air Pilots had a claim before Mr Justice Coldham, sitting as the Flight Crew Officers Industrial Tribunal, several months ago. [More…]
Since that time Mr Justice Coldham has called a compulsory conference. [More…]
I agree entirely with what Mr Justice Coldham has said. [More…]
I should also like to extend my gratitude beyond the Department proper to those persons within the 3 statutory commissions which lie within my responsibility, and in particular to the chairmen of those commissions, namely, Mr Bannerman, Mr McKinnon and His Honour Mr Justice Williams of the Prices Justification Tribunal. [More…]
Australian Federated Air Pilots claim before Justice Coldham, Flight Crew Officers Tribunal- [More…]
Justice Coldham called compulsory conference. [More…]
It has obtained a reputation for a high standard of representation and assistance in the administration of justice in the people’s courts. [More…]
It does not do justice to the amount of publicity it received before it was put into the hands of Ministers. [More…]
That I can understand because Erskine May’s Parliamentary Practice states that any mention of or discussion about the Chief Justice has to be initiated by way of substantive motion. [More…]
These decisions were well summarised by Mr Justice Menzies, when, in the course of his judgment in Capital T.V. [More…]
Because the Grants Commission, under the chairmanship of Mr Justice Else-Mitchell, found that there were graver inequalities in relation to the rural areas. [More…]
I should say that Mr Justice Else-Mitchell, who was brought to the Grants Commission from the Supreme Court of New South Wales, is an expert in land valuations. [More…]
Most of all, this discrimination in favour of the advantaged and the inference that the manual worker is in some way inferior is surely poor justice. [More…]
Throughout his life Ivor Greenwood had a consuming passion for justice. [More…]
His was a life that “stood courageously for principles of justice and fairness for everyone. [More…]
A couple of weeks ago the Australian Labor Party set up a committee and apparently that committee has said that there was nothing improper in a Justice of the High Court advising the Governor-General. [More…]
All honourable members know that in 1914 there was a double dissolution and that in connection with it the Chief Justice of the day, Sir Samuel Griffith, advised the Governor-General. [More…]
I think we can say that the greatest Labor Judge of this century was Mr Justice Evatt. [More…]
He was so impressed by the need not to advise about the reserve powers of the Crown when a justice of the court that he produced a book of 324 pages on the subject. [More…]
In 1939 Mr Justice Evatt, while still a Judge of the High Court, wrote an article for the Canadian Bar Review in which he said: [More…]
So there is another precedent from Mr Justice Evatt, a High Court Judge- a Labor Judge. [More…]
They were confident that on the present issue Mr McKell would be obliged to go beyond the usual practice of accepting his Ministry’s advice and consult the Chief Justice of the High Court (Sir John Latham) whether the Senate’s action on the bank bill provided legal grounds for a double dissolution. [More…]
Surely, in justice, some money should be allocated to help those parents to transport their children. [More…]
The basis upon which the freight rates for apples were determined by Mr Justice Nimmo was that apples would be carried in refrigerated containers. [More…]
My understanding is that the pilots in the Territory are of the view that Connair should be able to crank up again with a status quo prevailing, that is, on the normal salary range- and with another application to go before Mr Justice Coldham on a different ground- with no retrenchments being made by Connair in the process. [More…]
Many of them are supporting children and it is regrettable that the Government has not seen fit as a matter of common justice to provide some increase in this payment. [More…]
We are not putting this case on a narrow partisan base; we are simply putting it as a matter of justice. [More…]
We believe that honourable members opposite ought to perform on their election promises on the basis that some few people may have been tricked by them and they ought to act as a matter of justice. [More…]
At the turn of this century we had a great lack of social justice. [More…]
While the federation would hope that common sense and justice would prevail, we must prepare organisationally for the possibility that that will not be the position. [More…]
I do hope that commonsense and justice will prevail and that Skyways Airlines Pty Ltd will be able to use the facilities of TAA at Mascot airport. [More…]
There is no precedent at all to suggest that any Governor-General should take advice from a Chief Justice without the consent of a Prime Minister. [More…]
That is clearly the position as recently supported by Mr Justice Jacobs in the Territories case. [More…]
In division 170.2.1, relating to the High Court travel expenses, including car hire for the Chief Justice, there is a reduction of $50,000.I assume that this is because cars are not going to be waiting around Admiralty House quite so much this financial year as they were last financial year. [More…]
The honourable member for Kingsford-Smith talked about the precedent where a GovernorGeneral took advice from the Chief Justice with the consent of the Prime Minister. [More…]
The suggestion that the Chief Justice should seek the permission of the Prime Minister to carry out some act is totally at variance with 2000 years of British and subsequent Australian constitutional history and development. [More…]
Many injustices occur in life and one of the few places we can get them solved is in the courts. [More…]
In the days when legal aid was given free by the profession and in the days before the salaried scheme started, although it was not a perfect scheme, there were times when lawyers took up the cudgels and fought cases year after year until clients got justice. [More…]
Members of the Opposition had been complaining for weeks, indeed for months, about the Chief Justice giving advise to the GovernorGeneral. [More…]
When it suited them in March 1 95 1 the Labor Party said that Mr McKell, as he then was, ought to seek the advice of the then Chief Justice, Sir John Latham. [More…]
I wish to refer to what Mr Justice Evatt said about the discretion, because it is of tremendous importance. [More…]
Undoubtedly Mr Justice Evatt was a very great judge of the High Court, and we know that subsequently he became Leader of the Opposition. [More…]
That was quite clearly Mr Justice Evatt ‘s opinion, writing while he was a judge of the High Court. [More…]
The good opinions have come out of the mouths of the great lawyers of this century, including Mr Justice Evatt. [More…]
The important thing to note is that he stated this opinion while he was justice of the High Court. [More…]
What a lot of cant it is, what a lot of humbug it is that a chief justice, like the present Chief Justice or Sir Samuel Griffith, should be attacked for giving advice on a matter like this while he was a justice of the High Court. [More…]
Mr Justice Evatt wrote a complete book on the subject and that is the conclusion to which he came. [More…]
I now ask whether the Prime Minister will consider appointing an inquiry into the control of life and health insurance organisations as an earlier Liberal-Country Party Government commissioned Mr Justice Nimmo and others to inquire into the operations of health funds. [More…]
It is a matter of simple justice that the Commonwealth Government accepts its obligations to them. [More…]
Our societies represent, more than ever, a beacon of hope to those who yearn for liberty and justice and progress. [More…]
If honourable members had attended the Heads of Government Conference last year in Jamaica, they would have heard President Nyerere of Tanzania and President Kaunda of Zambia threaten that there would have to be war with Rhodesia within a matter of weeks because of the injustices done to their brothers in Africa. [More…]
They believed that every man was equal and entitled to justice on this earth. [More…]
Why should justice be denied to them because of the pigmentation of their skins? [More…]
That information appears on page 6 of the roneoed version of the report which Mr Justice Williams, its chairman, gave to the Minister for Business and Consumer Affairs (Mr Howard) on 16 September. [More…]
I know of these matters and I can bring them to the attention of the House because of the tabled annual report of Mr Justice Williams and a written reply given by the Minister for Post and Telecommunications. [More…]
A Bill was introduced in 1968 by Mr Justice Bowen when he was AttorneyGeneral, but was not subsequently proceeded with. [More…]
We all know that the Minister is a most fair man and that he is always interested in making sure that justice is done. [More…]
I believe that this position must be corrected and that justice must be done in relation to Queensland. [More…]
In a case in the Victorian Supreme Court, Sherritt Gordon Mines Ltd v. Federal Commissioner of Taxation, Mr Justice McInerney held that the definition applies only to payments falling within the operation of that agreement. [More…]
Will he also assure the House that the freeze on the release of Crown land in the Northern Territory will be extended beyond 3 1 December 1 976 in view of the lengthy delay in the passage of the legislation and the Government’s instruction to Mr Justice Ward, the Interim Land Commissioner, to suspend the hearing of land claims? [More…]
But I do not believe that any modern community can afford to do away with some form of taxation upon estates, particularly large estates, because of the existence of large estates does pose very many difficult problems in a society that claims to give support to equity and social justice. [More…]
In the world at times there is not always justice. [More…]
It is on that basis that I say that our courts always stand for the best thing that I think the British have ever given us, that is, their system of justice where all people are equal and no man is denied a fair trial and no man is denied his freedom. [More…]
While there have been decisions either way, one is prone to think about the decisions of Mr Justice Evatt in Jolley v Mainka and later in Ffrost v Stevenson, where he emphasised the fact that in his opinion the power was in the external affairs power. [More…]
In the decision in R v Burgess ex parte Henry, Mr Justice McTiernan and Mr Justice Evatt both said that it is a great and important one. [More…]
It is noteworthy also that clause 7 of the Bill, in referring to the constitution of the court, provides that the High Court, when hearing an appeal or application for leave referred to in clause 5, is to be constituted as a full court of not less than 2 justices. [More…]
The Supreme Court of Nauru consists of a single Chief Justice and therefore it is appropriate to ensure that appeals or applications to appeals from his decisions are determined by at least 2 justices of the High Court. [More…]
This arises, of course, out of the feeling of the citizens of Nauru that justice would be seen to be done if cases were dealt with by 2 persons independent of the rather limited environment and atmosphere of the island of Nauru which has been delineated by the honourable member for Kingsford-Smith. [More…]
It is particularly with respect to the Gilbert and Ellice Islanders that this measure is sought so that justice may be seen to be done by all concerned in Nauru. [More…]
That Court consists at the moment of a single chief justice and obviously it is important to the Nauruans to ensure that there are rights of access to the appellate court sitting as a full court in matters that are not of special or peculiar interest to Nauruans. [More…]
At the time of which I spoke the then Court of Appeal was the Chief Justice of the Supreme Court of Papua New Guinea. [More…]
attempting to escape justice [More…]
I have been somewhat disturbed to see it because I know the Government for its part had gone out of its way to make quite certain that His Honor Mr Justice Fox had all the information he wanted from Government sources and Government personnel. [More…]
Appeals from decisions of the Commissioner of Patents and the Registrar of Trade Marks lie directly to the High Court constituted by a single justice. [More…]
In each case, the senior of the 3 resident judges has specific responsibility for arranging the business of the Court and, in fact, exercises many of the functions that the chief justice of a State supreme court would exercise. [More…]
The patron saint of conscription told us about justice and the trade unions. [More…]
In a recent address Mr Justice Else-Mitchell, the Chairman of the Grants Commission, highlighted this problem. [More…]
Mr Justice Else Mitchell and others are right when they suggest that no real change in the system of the last 20 years will occur under Fraser . [More…]
My understanding is that before his appointment to the High Court Mr Justice Aickin held directorships in BHP Co. Ltd, Comalco Ltd, Mayne Nickless Ltd and P & O Australia Ltd. My understanding also is that he resigned his directorships before his appointment to the Court. [More…]
Justices of the High Court are not required to declare their financial interests. [More…]
The invariable practice is that a Justice will disqualify himself from taking part in the hearing of any matter in which he has a pecuniary interest. [More…]
The matter was heard by Mr Justice Cahill the son of the late Labor Premier of New South Wales. [More…]
It is wrong that somebody can put on an interdict against an order of a court, because everything that has happened is against a direct order of a court, a direct order made by Mr Justice Cahill, who can scarcely be accused of being in any way biased in this matter. [More…]
The Chairman of the Grants Commission, Mr Justice Else-Mitchell, in a recent address stated: [More…]
Had (the Whitlam Government not been dismissed) it is probable that the stage might have been reached where, as Chief Justice Latham had said in the first uniform tax case, the States would have lost, if not their political independence, a large measure of their capacity to initiate their own policies. [More…]
For the first time with the expanded role of the Grants Commission under Mr Justice ElseMitchell we started to get a proper view of the role, functions and services that local government provided. [More…]
So much does the Queensland Government think of this Government’s proposal that the Queensland Minister for Justice went away post-haste- even leaving his private secretary on Hayman Island- to London with the parliamentary counsel. [More…]
I conclude by saying that this proposition is so good that the Government of Queensland has sent its Minister for Justice to London to find a way around it. [More…]
I ask the Prime Minister In view of the contradiction between his views and the final recommendation of the Fox report which calls for further debate on the uranium issue before any decision is made, is there any significance in his meeting Mr Justice Fox in his office this morning. [More…]
I hope there is some significance in my seeing Mr Justice Fox this morning. [More…]
For members of the Opposition to introduce the comments of the Premier of New South Wales into this debate is probably not doing justice to this Parliament. [More…]
Is it a fact, as reported prominently in one of Australia’s major newspapers this morning, that the Prime Minister believes in the so-called justice of redistributing income to farmers and miners? [More…]
Further, was an injunction recently granted by Mr Justice Taylor in the New South Wales Supreme Court to prevent the Union from hindering or obstructing mail addressed to John Fairfax and Sons Ltd or its newspapers? [More…]
Chief Judge Mr Justice Spicer- [More…]
Mr Justice Dunphy- Court of Marine Inquiry [More…]
Mr Justice Nimmo- [More…]
Mr Justice Woodward- [More…]
Mr Justice Franki- [More…]
Mr Justice Sweeney- [More…]
Industrial Court on a number of marine inquiries, that Mr Justice Dunphy spent some 19 days in 1973 and 20 days in 1974 on a court of marine inquiry, that Mr Justice Nimmo had a number of inquiries to conduct and that Mr Justice Woodward spent most of 1973 and almost the first half of 1974 with the Aboriginal Land Rights Commission. [More…]
I find it amusing that the nation’s Prime Minister receives a salary that is $3,000 a year less than that of the Chief Justice of the High Court of Australia; that the nation’s Deputy Prime Minister receives less money than the judge who is second in charge of the Family Court; and that the nation’s Treasurer, the man who is supposed to come forward with all the answers to save the nation, receives a salary barely more than that of an ordinary Family Court judge. [More…]
Only the other day Mr Justice McTiernan in his late eighties at last threw down the flag. [More…]
Mention was made- I thought it was a little unfortunate- of Mr Justice McTiernan who has just retired from the High Court of Australia. [More…]
I can speak from experience of the hard work that he did as a justice of the High Court over a period of 40 years, for 20 years of which I appeared constantly before him. [More…]
I believe that the principle that justice delayed is justice denied would be breached if we ever created a situation in which litigants in any remote part of Australia found it difficult to get their cases heard and determined with some degree of speed. [More…]
Section 21 of the Principal Act is amended by omitting sub-section (1) and substituting the following subsection: ‘( 1 ) Applications for leave or special leave to appeal to the High Court from a judgment of another court may be heard and determined by a single Justice or by a Full Court and the Rules of Court may provide for enabling such applications to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. [More…]
It should be borne in mind that at present the salary of the Chief Justice of New South Wales is approximately $52,000 and the salary of a judge of the Supreme Court of New South Wales is approximately $47,000. [More…]
According to the Bill before the Committee, the salary of the Chief Justice of the High Court will be $52,500 and of a justice of the High Court other than the Chief Justice will be $47,500. [More…]
There are many countries which do not have courts functioning at all and there is no opportunity to obtain justice. [More…]
It is important that they get justice and that they should not have to pay for this momentous decision alone. [More…]
The Government may not have the same commitment to the Ranger Uranium Environmental Inquiry chaired by Mr Justice Fox. [More…]
I refer to a former Attorney-General in the previous Government, Senator Lionel Murphy, who is now Mr Justice Murphy. [More…]
It will continue until we return to honesty and decency in government; until the rules of our democratic system are restored and upheld; until the Australian people reelect a government that stands once again for progress, humanity and justice, a Labor Government. [More…]
Recently, the present Chief Justice admitted that as far back as October last year, a month before the Governor-General acted, he had formed an opinion that the Whitlam Government should go. [More…]
A man with the status of Chief Justice certainly can mould the opinions of others. [More…]
That is admitted in the letter of dismissal by the Governor-General to Mr Whitlam which shows that the opinion of the Chief Justice had been intruded into the Governor-General’s decision. [More…]
The opinion of the Chief Justice was not accepted by the Governor-General on that point. [More…]
The selfcentred advice volunteered by the Chief Justice was that the Governor-General should take the advice of Mr Fraser. [More…]
by leave- The Government has received the first report of the Ranger Uranium Environmental Inquiry which comprised His Honour Mr Justice Fox, Professor C. B. Kerr and Mr G. G. Kelleher as the Commission of Inquiry. [More…]
The Minister for Employment and Industrial Relations (Mr Street) stated in his second reading speech that it is a matter of simple justice that the Commonwealth Government has obligations to those who have given long and valuable service in the working of the phosphate deposits of the Island. [More…]
It agrees with the Government that justice demands no other response. [More…]
I have said that the Opposition welcomes this Bill as providing simple justice for the Asian community on Christmas Island. [More…]
My support for this Bill and the principle of justice which it enbodies is based on the understanding that this is what those concerned want. [More…]
To simply negotiate the agreement, sign it and then to discharge further responsibility would be a miscarriage of justice but, in view of the son of things that happen under the Government’s standard of simple justice, one would probably expect the Government to do just that. [More…]
Having been to Christmas Island and having seen people, I am very pleased that they are to get the justice to which they are entitled and will be relieved of the worries which have occupied them over recent times. [More…]
When the Minister for Administrative Services was there, he demonstrated that they would obtain justice. [More…]
People committed to extending social justice in the community are to be put out of work. [More…]
It brought justice to the industry and in fact maintained the most efficient dairy producers in the most efficient areas in a reasonable way. [More…]
As I indicated in introducing the Bill, it is the Government’s intention, as it was Mr Justice Woodward’s recommendation, that existing rights in land should be fully protected. [More…]
Petroleum interests, also frozen since December 1972 like those held by Magellan in Central Australia as considered by Mr Justice Woodward, will be dealt with in the same way by clarifying amendments. [More…]
Amendments are proposed to ensure that the procedures for consent to mining conform more exactly to the principles proposed by Mr Justice Woodward. [More…]
This change is proposed in response to the many representations by Aboriginal groups and others seeking restoration of the provision proposed by Mr Justice Woodward for parliamentary review of any Government decision to override Aboriginal wishes in relation to mining. [More…]
The provision relating to agreements for mining will be amended m order to reflect more clearly Mr Justice Woodward’s intention that any negotiated payments should go not to individuals, but to communities or groups. [More…]
If a claim is made to Tanami, I would fully expect the observations of Mr Justice Woodward on Tanami to be taken into account in the formulation and determination of the claim. [More…]
I am confident that the Parliament will give the Bill the attention it deserves and will find that the amendments I have here outlined briefly will strengthen the essential provisions of the Bill while guaranteeing proper protection of existing statutory and other rights as recommended by Mr Justice Woodward. [More…]
In substance, however, this Bill radically alters the aims of the 1975 Bill and substantially modifies the recommendations and intentions of Mr Justice Woodward whose reports formed the basis of the Labor Government’s Bill. [More…]
In that case, Mr Justice Blackburn, speaking on the question of land and in relation to the Aboriginal people, said: [More…]
Mr Justice Blackburn went on to discuss the doctrine of ‘communal native title’, the central question in the Gove land case. [More…]
From this central point Mr Justice Blackburn held that the Aboriginal parliament, through the Imperial Parliament of Great Britain, could exercise power over the whole of the Commonwealth and in particular that land claimed before the court. [More…]
In the interim report of the commission established to investigate how land rights could be granted statutorily, Mr Justice Woodward, who was a counsel in the Gove land rights case, pointed out that the Aboriginal concepts related to land owning have no parallel in European law. [More…]
I seek leave to have incorporated in Hansard an extract from the first report of Mr Justice Woodward on Aboriginal land rights, entitled Aborigines and Their Land. [More…]
The recommendations of the second and final report of the Aboriginal Land Rights Commission which was presented by Mr Justice Woodward formed the basis of the Land Rights Bill that was introduced into the Parliament 13 months ago. [More…]
That Bill, which was the result of IS months of investigation by Mr Justice Woodward and 18 months of consultation with Aboriginal groups, lapsed on the dissolution of the Parliament. [More…]
This final provision followed directly on the recommendation made in paragraph 740 by Mr Justice Woodward, where he stated: [More…]
The Opposition proposes to move in the Committee stage a number of amendments to reinstate the Australian Government’s jurisdiction over these matters, as Mr Justice Woodward recommended and as the Australian people decided in the 1967 referendum. [More…]
The 1975 Bill gave legal recognition to the already existing Northern and Central Land Councils established on the recommendation of Mr Justice Woodward. [More…]
Mr Justice Woodward, in paragraph 359 of his second report, recommended that land councils have power to: [More…]
On perhaps the most important function of all- that of co-ordinating land claims- the Government has reverted to the provisions of the Labor Bill which followed Mr Justice [More…]
However, despite reverting to Mr Justice Woodward’s original intention with regard to the land councils’ co-ordinating role in land claims, this Bill has severely limited the range of claims which are to be heard by the Land Commissioner. [More…]
Mr Justice Woodward proposed that an Aboriginal Land Commissioner be appointed to determine claims from Aboriginal people which were based not on traditional grounds but rather on need. [More…]
These claims, which have been heard by the Interim Commissioner, Mr Justice Ward, whose reports have been widely accepted, are now to be heard by the Northern Territory Lands Board and not by the Commissioner. [More…]
The Minister has stated that despite a recommendation by Mr Justice Woodward in paragraph 150 of his report that the Tanami Desert people be included in any transfer of land to Aboriginal ownership because of the close traditional ties to the Walpiri people- the largest tribe in the Northern Territoryand despite the inclusion of the Tanami Desert in schedules of both the 1975 and 1976 Bills, it is now to be excluded. [More…]
A spirit of simple justice animates the Government’s purpose in introducing this legislation. [More…]
It is getting on for 4 years since Mr Justice Woodward was appointed to look into the matter. [More…]
Honourable members have only to look at the comparative paper- the one that I have in my hand at this time- to appreciate that whilst Mr Justice Woodward made certain recommendations, when we come to put them into a legal document they cannot always be followed in their entirety. [More…]
It makes clear and emphasises something which I see as important and which Mr Justice Woodward saw as important, and that is a recognition of a fundamental principle to Aboriginestheir sense of Aboriginality was their affinity with land. [More…]
I also wanted to take honourable members through some of the comments of Mr Justice Woodward in relation to land because I believe there has been some harm done by those who suggested that he did not place a great deal of significance on the Aboriginal concept of land ownership and the traditional forms of land ownership. [More…]
Mr Justice Woodward said: [More…]
That was the case in which Mr Justice Blackburn was involved, the Yirrkala case. [More…]
This goes against what Mr Justice Woodward said in his report. [More…]
That quite clearly is what Mr Justice Woodward recommended and, of course, this Bill departs from that recommendation. [More…]
The weaknesses of the existing ordinances were specifically referred to by Mr Justice Woodward, and the Labor Government’s 1975 Bill attempted to remove these weaknesses. [More…]
I direct the attention of all honourable members who are concerned about these particular aspects of the legislation to what was said by His Honour Mr Justice Woodward in paragraphs 83, 84, 95, 96, and 361 of his 1974 report. [More…]
Mr Justice Woodward was thoroughly conscious of the need to provide within Australia domestic law for the traditional interests of Aborigines. [More…]
I think that what His Honour Mr Justice Woodward has provided in his report and what is reflected in this legislation will do all that is required to provide for the traditional ownership rights of Aborigines in the Northern Territory. [More…]
This was a matter which perplexed His Honour Mr Justice Woodward. [More…]
It was proposed to Mr Justice Woodward that Aborigines should also have the rights to minerals within their land. [More…]
This Government reveals its true colours and it stands condemned by all enlightened people who seek peace and justice for all the people of Australia. [More…]
The general point to be made at the outset in dealing with the corporation power must now be seen in the light of the concrete pipes instruction by the court to read its terms ‘broadly and not narrowly’- as Mr Justice Menzies said at page 5 1 1 of the Commonwealth Law Reports of 1971- and not ‘in any narrow or pedantic manner’- as the Chief Justice, Sir Garfield Barwick, said at page 490. [More…]
Mr Justice Stephen in the case Mikasa v. Festival Stores stated that the past participle often applies equally to the future as to the past. [More…]
Is it any wonder that investment is so scarce these days when there is not the continuity or integrity that is necessary to guarantee to the people who do invest that justice will be done. [More…]
Measures to overcome the problems of the industry as had been identified in the report presented to me by Mr Justice Northrop. [More…]
In a recent speech delivered in Canberra the Chairman of the Grants Commission, Mr Justice Else-Mitchell said: [More…]
Had there not been a change of government 12 months ago it is probable that the stage might have been reached where, as Chief Justice Latham had said in the first uniform taxation case, the States would have lost if not their political independence a large measure of their capacity to initiate their own policies. [More…]
That is why at the present time the Opposition has never brought any case against the Governor-General or the Chief Justice of the High Court. [More…]
It tried to have the Chief Justice of the High Court impeached. [More…]
I pay tribute in this House to the painstaking work of Mr Justice Fox and his fellow commissioners and congratulate them on the studious, temperate and, in its essence, profoundly humane report which they have given the Australian people. [More…]
Mr Justice Fox and his two fellow commissioners are known to be concerned that their report on the Ranger inquiry is being widely interpreted as the go-ahead for the mining and export of uranium, subject to strict control. [More…]
Justice Fox and the two commissioners from the Ranger environmental inquiry have attacked the Government over its interpretaton of the Fox Report. [More…]
Mr Justice Fox says that it is one of the most important things discussed by this Parliament. [More…]
I want to emphasise this point because there are many people who might agree with the clear dangers and reservations expressed by Mr Justice Fox and by the Flowers Royal Commission but who say resignedly: ‘What is the use? [More…]
I notice that in today’s Press it is reported that Mr Justice Fox has written to the Prime Minister (Mr Malcolm Fraser) complaining of the Government’s misinterpretation of the Commission’s recommendations and findings. [More…]
With all due respect to Mr Justice Fox, we never required that inquiry to be aware of the safeguards that must be applied in the mining and export of uranium ore. [More…]
Can he say whether the increases will make workers, who are forced to accept plateau indexation, sceptical of the relative justice of the tribunals for labour and big business. [More…]
I refer him to the arrangement between the United States Department of Justice and the Australian Attorney-General’s Department dated 13 September 1976 regarding the Lockheed aircraft matter. [More…]
Mr Justice Woodward made recommendations on this matter. [More…]
But His Honour Mr Justice Woodward is not on his own in expressing enthusiasm for this concept. [More…]
Here we have a situation embellished by the support of His Honour Mr Justice Woodward and the former spokesman on Aboriginal affairs for the Liberal-National Country Party coalition. [More…]
I think, with the greatest of respect to the honourable member, that it does not do his intellect any justice to hear the arguments which he has put forward. [More…]
I direct the attention of the honourable gentleman to the definition of Aboriginal provided in the draft Bill annexed to the report of Mr Justice Woodward. [More…]
In relation to amendments 2, 3 and 4, the Opposition is very concerned that the intentions of His Honour, Mr Justice Woodward, to include Aborigines who live in towns as being capable of having land granted to them have been circumvented by the provisions of this legislation. [More…]
In short, the purpose of these amendments is to give effect to the recommendations of Mr Justice Woodward that the Aboriginal Land Commissioners have jurisdiction to make recommendations relating to grants of land for Aboriginals within towns. [More…]
In his recommendations Mr Justice Woodward stated in paragraph 328 that planning for Aboriginals in towns must involve consulting them and determining their preferences. [More…]
Without these amendments a large number of Aboriginal families and communities will be excluded from the operation of this legislation and will be forced to go once again cap in hand to the Department of the Northern Territory which has led the opposition to the granting of land in towns and to the claims heard already by the interim Commissioner, Mr Justice Woodward. [More…]
In his report Mr Justice Woodward stated that most of the fringe dwellers of cities and towns have suffered more from the coming of white settlement than have those still living on reserves. [More…]
In his report Mr Justice Woodward referred to the census conducted in 1971. [More…]
Mr Justice Woodward said, in effect, of these people- I will not quote all the provisions because I do not have time- that their problems were urgent and important and that they related to social welfare and urban development issues. [More…]
The Government can bastardise this legislation and it can ruin it but this was indeed the unqualified intent of Mr Justice Woodward which has been set out in the most unequivocal and unambiguous terms in his report. [More…]
Unless the Government can put up a case against the recommendations of Mr Justice Woodward to this Parliament it ought to adopt the amendment. [More…]
Mr Justice Woodward certainly made out a most forthright case along the lines that the amendment proposes. [More…]
At one point in time we were all in agreement in respect of this matter- His Honour, Mr Justice Woodward, the Opposition and the Liberal and National Country parties. [More…]
While we have been discussing this matter Mr Justice Woodward has been quoted at length as being the ultimate authority. [More…]
It has been said by the advisers of Mr Justice Woodward that the area in Central Australia was an isolated case of church dominance. [More…]
This seems to have been completely ignored by the advisers to Mr Justice Woodward. [More…]
With respect to the amendment moved by the Opposition to include a reference to land in towns, the Opposition has drawn on Mr Justice Woodward’s report. [More…]
His Honour Mr Justice Woodward, when speaking of town claims, clearly indicated that the tenure of any land in towns by Aborigines should be the same kind of tenure as that for all other persons and that any requests for such land should go through the normal town planning procedures of the Northern Territory. [More…]
We believe that it is not proper and it is not consistent with the recommendations of Mr Justice Woodward to be renewing mining leases; that mining leases should get automatic renewal. [More…]
It is interesting to note that His Honour Mr Justice Woodward said in his report, which was brought down in April 1974, that 29 exploration licences had been granted to 17 applicants. [More…]
In fact, the Council for Aboriginal Affairs, as His Honour Mr Justice Woodward pointed out, actually made the recommendation that there should be a freeze over mining renewals and mining development for 20 years. [More…]
This is contrary to what he put before; it is contrary to what the Bill introduced by the Labor Party provided; it is contrary to what was said by Mr Justice Woodward; it is contrary to the recommendations of the Council for Aboriginal Affairs; and it is contrary to what has been said by anybody with a reputation in respect of these matters. [More…]
Without labouring the point, it is contrary to the recommendations made under the tourism heading and under several other headings by His Honour Mr Justice Woodward. [More…]
Firstly, the suggestion by the honourable member, admirable as it is, was not accepted either by His Honour Mr Justice Woodward in his report or by the previous Administration. [More…]
Will we do justice to this Bill or will the debate be curtailed? [More…]
I do not think we can do justice to the legislation in the time that the Minister has proposed. [More…]
However in paragraph 84 of the Commission’s second report His Honour Mr Justice Woodward stated that the system which he considered to be most in harmony with traditional Aboriginal social organisations was that of a trust made up of clan elders supported by an administrative organisation. [More…]
His Honour, Mr Justice Woodward, at paragraph 89 of his report recommended the use of a trust, that is a land trust, in all cases for convenience of legislation and ease of understanding. [More…]
In this respect I refer the Committee to what was said by His Honour, Mr Justice Woodward, at paragraph 161 of his report. [More…]
It seems that there are good reasons why we should have regard for the recommendation of Mr Justice Woodward that this matter be the subject of Federal legislation. [More…]
It is another matter for which Mr Justice Woodward recommended the Australian Government should have responsibility. [More…]
It is another matter about which there were specific recommendations by Mr Justice Woodward. [More…]
Very precise recommendations were made by His Honour Mr Justice Woodward in respect to permitting reasonable access to pastoral properties. [More…]
I ask the Minister for Environment, Housing and Community Development a question concerning correspondence between him or other Ministers and Mr Justice Fox. [More…]
The Minister has in fact received a number of letters from Mr Justice Fox. [More…]
I therefore ask the Minister now whether he wil table the correspondence between Mr Justice Fox and himself or at least the letter which his representative describes as being concerned with the interpretation that is placed upon the Commission’s first report. [More…]
The Leader of the Opposition is obviously trying to make an issue of the question of private correspondence that I have had with Mr Justice Fox. [More…]
It is true that I have had private correspondence with Mr Justice Fox. [More…]
The matter has been satisfactorily resolved between Mr Justice Fox and myself. [More…]
The documents to which I referred yesterday represented all the material that had come before what I understand is the Church committee and had been sent on to the Department of Justice in the United States of America. [More…]
Measures to overcome the problems of the industry as had been identified in the report presented to me by Mr Justice Northrop. [More…]
They not only want the Arbitration Commission to ignore the justice in the claims for keeping up with the consumer price index but also want to take away from the Prices Justification Tribunal its overseer role in looking at price rises in Australia. [More…]
In adopting this standard, the Government has failed to acknowledge the need for and the justice of a higher rate of accrual for people as they become more senior in their service and of the greater need for them to take longer periods of long service leave. [More…]
If justice is not done, then the appeals procedures which apply in normal Commonwealth Public Service cases are open to people who have been transferred to Darwin. [More…]
The honourable member for Maribyrnong probably will recall that at that time I indicated that the Government had referred the whole question of privacy to the Law Reform Commission under the chairmanship of Mr Justice Kirby. [More…]
One of the most important things that we have asked Mr Justice Kirby to do, under that Commission’s terms of reference, is to inquire into the question of privacy, particularly as it relates to private health insurance and health matters. [More…]
The dispute has been before Mr Justice Coldham on a number of occasions. [More…]
Its emergence comes at a time when thousands of pharmacists were beginning to give up hope that they would ever see justice in the determination of their remuneration for dispensing prescriptions under the pharmaceutical benefits scheme. [More…]
They have not quite made the grade in their bid for justice on fee determination. [More…]
On this issue I was convinced that justice was not being done. [More…]
Nor should the Opposition spokesman for Health make any apology for the failure of the former Labor Government to see that justice was done to the Pharmacy Guild. [More…]
I always believe that justice must at least appear to be done in respect of the determination of services rendered on behalf of the public or on behalf of the Government. [More…]
It is a denial of justice to these poorer groups, and to the younger people in particular, to hold out a reward for savings which they cannot make; savings which are now beyond their ability because of this Government’s economic mismanagement. [More…]
I think the findings of Mr Justice Sweeney in his interim report of last year proved that. [More…]
A few extracts from Mr Justice Sweeney’s report, I think, will prove it. [More…]
This is a letter which Mr Justice Sweeney quoted: [More…]
Mr Justice Sweeney reported: [More…]
A significant number of them have some sense of justice and political propriety, even if the Cabinet does not. [More…]
Something in that order just might have done justice to the intricacies and thorny problems which require attention and resolution in Australia. [More…]
Be that as it may, the Opposition does see justice and merit in a departure from what is otherwise a clear principle of depreciation based upon the life of an asset or mine. [More…]
This does justice to the cash flow problem for capital financing and it is somewhat better than the rate of deductibility accorded general manufacturing. [More…]
It is fair enough to give justice to the mining community; but who can say that these measures are justice? [More…]
Let justice not only be done, but also let it be seen to be done. [More…]
Recognising that international co-operation, based on the principles of the United Nations Charter, has to be developed and strengthened in order to provide solutions for world problems and to create an international community based on equity, justice and solidarity, [More…]
Creating more livable, attractive and efficient settlements which recognise human scale, the heritage and culture of people and the special needs of disadvantaged groups especially children, women and the infirm m order to ensure the provision of health, services, education, food and employment within a framework of social justice; [More…]
These policies must facilitate the rapid and continuous improvement in the quality of life of all people, beginning with the satisfaction of the basic needs of food, shelter, clean water, employment, health, education, training, social security without any discrimination as to race, colour, sex, language, religion, ideology, national or social origin or other cause, in a frame of freedom, dignity and social justice. [More…]
At the same time, social justice and a fair sharing of resources demand the discouragement of excessive consumption. [More…]
Administration of Justice Committee- July 1 975. [More…]
As I indicated in Parliament on 1 December 1976 nothing in documents’ received by my Department from the United States Department of Justice in connexion with the Lockheed Corporation matter suggests any breach of law or other impropriety by any person. [More…]
As a practical example, we were talking about the mere fact that somebody such as an Attorney-General might deem something to be a lighthouse, an example expressed by Mr Justice Fullagar, does not necessarily mean that it has the judicial characteristics of a lighthouse; therefore it cannot be deemed to be a lighthouse simply because the Attorney-General thought it ought to be. [More…]
It is in that context that we want to make certain that justice still prevails. [More…]
The Opposition is anxious to ensure that justice is always done, whether it be in Australia or anywhere else. [More…]
It is a pity he did not read that on 10 November- to the U.S. Justice Department’s investigation of uranium producers and he also recommends that the marketing be undertaken by a government backed agency which would help protect Australian companies from U.S. laws. [More…]
Both of these matters have been referred to extensively by His Honour Mr Justice Woodward. [More…]
The commentator did express an opinion that, by the decision, “natural justice has been offended in the matter of a man’s liberty”. [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…]
The Commission pointed out that further research is needed on the representation of poor people throughout the criminal justice system. [More…]
For example, Mr Justice Woodward noted in relation to oil and gas: [More…]
I mention the work of Mr Justice Woodward whose intelligence and understanding is reflected in his report which laid the foundation for elevating public discussion and political policies to the reality of legislation. [More…]
Today the Minister cited Mr Justice Woodward. [More…]
That attitude is contrary to the view taken by Mr Justice Woodward. [More…]
All of these were recommended for Commonwealth legislation by Mr Justice Woodward. [More…]
I refer to His Honour Mr Justice Woodward, the Aboriginal Land Councils, the Aboriginal Legal Service and people like Mr Geoff Eames who have been supporting the Aboriginal people in their attempt to obtain a proper understanding and comprehension of this legislation. [More…]
Where an inspector has reason to believe that a person has failed to comply with a notice given to the person under subsection 11 ( 1 ), the inspector may make application to a Justice of the Peace for a warrant authorising the inspector, with or without persons and equipment to assist him, for the purpose of ascertaining whether the person has failed to comply with the notice- [More…]
1078 that a warrant was issued by the High Court Registry, Sydney, for Mr Richard Cobden to travel from Canberra to Sydney to attend and record the discussions at a meeting at the High Court, Darlinghurst, of a small group formed by the Chief Justice to advise the Chief Justice on works of an for the High Court building being erected in Canberra. [More…]
What was the date of the earliest transaction involving Lockheed Aircraft Corporation mentioned in the documents provided by the United States Senate Sub-Committee on Multinational Corporations to the United States Department of Justice and by that Department to his Department [More…]
The arrangement between the United States Department of Justice and my Department for mutual assistance in connection with the Lockheed Aircraft Corporation matter and tabled in the House of Representatives on5 October last requires that information made available pursuant thereto should be kept confidential and not disclosed to third parties or to government agencies having no law enforcement responsibilities. [More…]
Is a Mr John Malcolm mentioned in the documents involving Lockheed Aircraft Corporation which have been provided by the United States Senate Sub-Committee on Multi national Corporations to the United States Department of Justice and by that Department to the Australian Government. [More…]
The arrangement between the United States Department of Justice and my Department for mutual assistance in connexion with the Lockheed Aircraft Corporation matter and tabled in the House of Representatives on5 October last requires that information made available pursuant thereto should be kept confidential and not disclosed to third parties or to government agencies having no law enforcement responsibilities. [More…]
1) Is a P. Mingrone mentioned in the documents involving Lockheed Aircraft Corporation which have been provided by the United States Senate Sub-Committee on Multi national Corporations to the United States Department of Justice and by the Department to the Australian Government. [More…]
Is a Mr Peter Ingram mentioned in the documents involving Lockheed Aircraft Corporation which have been provided by the United States Senate Sub-Committee on Multi-National Corporations to the United States Department of Justice and by that Department to the Australian Government. [More…]
Mr Justice R. W., as Chairman, ACT. [More…]
Mr Justice C. L. D., as President CourtsMartial Appeal Tribunal [More…]
Let me say this: Of course there is an apparent basic justice in a full and prompt adjustment of wages and salaries as against a limited adjustment. [More…]
I think that he spoke with reason and justice. [More…]
With reference to an interview given by the Queensland Minister for Justice on the ABC radio program AM on 22 November 1976, following his return from a visit to London where he apparently had discussions with British officials on constitutional matters, has the AttorneyGeneral’s attention been drawn to the statement by the Minister for Justice, during the course of that interview, that his visit to London would be most significant to all Queenslanders and possibly to all Australians. [More…]
I am not aware that the Queensland Minister for Justice had any discussions with British officials during his visit. [More…]
If so, on what grounds does the Government intend to justify conduct that invokes a breach of the law, particularly in the light of the remarks made by Mr Justice Fox in the first case involving the Black Mountain Tower, 1 ACTR43. [More…]
The list contained 36 names ranging from Governor-General and Chief Justice to members of the Australian Broadcasting Commission. [More…]
As long ago as 1918, the High Court held in Alexander’s case that section 72 requires that every justice of the High Court and every justice of any other court created by the Commonwealth Parliament, and indeed every magistrate so appointed, shall, subject to the power of removal contained in that section, be appointed for life. [More…]
It has, in consequence, been generally accepted that justices of the High Court, and other Federal judges including magistrates, cannot be required to retire on reaching a specified age. [More…]
An existing judge will, however, become subject to the retirement requirements of the amendment if, after the amendment takes effect, he accepts appointment to another office of justice of the same court having a different status or designation. [More…]
If, for example, a justice of a court were, after the amendment took effect, to accept appointment as Chief Justice of that court, he would thereafter be subject to the retirement age applicable to any justice of that court. [More…]
The third referendum Bill proposes to amend the Constitution to provide a maximum retirement age for justices of the High Court and of other Federal courts. [More…]
No Chief Justice has died in office but they have all retired in the fullness of age. [More…]
The present Chief Justice is already 73. [More…]
Of the puisne or associate justices, only three have retired before they reached 70-Evatt at 46, Williams at 69 and Kitto at 67. [More…]
The first Federal Judge in Bankruptcy Mr Justice Lukin, died in office in 1944 at the mature age of 76. [More…]
There are 27 justices of the Family Court of Australia, all appointed in the last year and a few months. [More…]
The Chief Justice, still sulking from his rebuff by his brethren in the earlier case, invited a further challenge. [More…]
Nor will it affect the appointment and continuation in office of any present incumbent of Federal courts or the High Court subsequently appointed to a more senior position either by transfer from a Federal court to the High Court or elevation from the Federal courts or the High Court to the position of Chief Justice. [More…]
; Mr R. C. Ward, Q.C., M.L.C., from the Northern Territory, now Mr Justice Ward; and, last but not least, that redoubtable figure of Australian politics, particularly in the field of local government, the Rt Honourable Alderman H. Brennan, Lord Mayor of Darwin. [More…]
I was pleased to hear the Leader of the Opposition (Mr E. G. Whitlam) announce his present admiration for Mr Justice Murphy. [More…]
So I can say that it is with a great deal of joy that I join the Leader of the Opposition in expressing admiration for Mr Justice Murphy. [More…]
While the acceptance of this proposition will remove one of the main obstacles to full citizens’ rights to Territorial citizens it will not remove the doubt cast on the validity of Territorial representation which was implied in the remarks of the Chief Justice in the recent High Court judgment. [More…]
The High Court of Australia- indeed the Chief Justice, Sir Garfield Barwick- has considered the question whether the Territories are entitled to elect senators. [More…]
If a review is made of the earlier High Court decision in relation to the eligibility of senators from the Australian Capital Territory and the Northern Territory sitting in this place one wonders whether, in view of the retirement of Mr Justice McTiernan and of the appointment of another judge, the result will be a definite ‘no’ meaning that those senators are not entitled to sit in this place. [More…]
Let me say to the honourable member for St George that I can understand, admire and respect the Government seeking to put the trade union movement of this country in a legal legislative straightjacket if the Government demonstrates some semblance of equity and justice by applying the same legislative straightjacket to companies, stock exchanges, banks, insurance companies and all companies - [More…]
The Government ought to deal with this son of legislation with equity and justice. [More…]
The trade union movement was built up by the Labor Party that then was; the Labor Party that saw the great privilege in the corporations and in the aristocracy on the 19th century; the Labor Party that was a great Party because to some extent it brought about social justice in this country. [More…]
Finally, if any Australian citizens are in peril let us take the appropriate action before the International Court of Justice on thenbehalf. [More…]
I refer to a letter which was addressed to Mr Justice Collins, the Commissioner of the Royal Commission on Petroleum, by the former Minister for Minerals and Energy, Mr Connor. [More…]
At the Royal Commission before His Honour Mr Justice Neasey the Tasmanian Government and the Transport Commission contended that it was costing an average of $1.63 to carry every passenger on each trip and that the passengers were paying an average of 13c a trip. [More…]
Two pieces of legislation declared invalid in the last couple of weeks by the now Chief Justice were introduced as being valid by that same person when he was the Attorney-General of Australia. [More…]
Restrictive practice is about the power of big business in relation to the totality of the economy and somehow we have to intrude government power to do justice between the producer and the consumer. [More…]
The present Chief Justice of the High Court, Sir Garfield Barwick, introduced the legislation. [More…]
That distortion of Justice was corrected by the House of Commons in 1906- not by a House of Commons dominated by communists or even by Ramsay MacDonald ‘s socialists but a House of Commons dominated by people from the Reform Club of England, the Liberals, the Lloyd Georges, who saw the travesty of forcing unionists and trade unions to pay damages to an employer against whom they were engaged in a legitimate industrial dispute. [More…]
It will mean significant savings for the majority of Australians, and for those who are the victims of tragic accident or misfortune it will bring a measure of justice and security which has never been possible under the law as it stands. [More…]
Mr Justice C. L. D. Meares, of the Supreme Court of New South Wales, the Chairman of the National Advisory Council for the Handicapped and until recently Chairman of the Law Reform Commission of New South Wales. [More…]
The central flaw in the existing schemes is not just their exorbitant cost to the community but their total inadequacy as a system of social justice. [More…]
In March 1973 Mr Justice Woodhouse was again commissioned, this time by my Government, to report upon the scope and form of a nationwide system of rehabilitation and compensation for all injured persons. [More…]
No Federal Government can in justice ignore its obligation to explore and develop a new system of compensation and rehabilitation, in consultation with the States and the interests concerned, and remove the intolerable shortcomings of the system as it now stands. [More…]
How long must justice be denied? [More…]
In 1973 the previous Government established a committee of inquiry into rehabilitation and compensation in Australia under Mr Justice Woodhouse of New Zealand. [More…]
Mr Justice Woodhouse of course had previously headed a royal commission of inquiry in New Zealand which ultimately resulted in the introduction of an accident compensation scheme in 1974. [More…]
The Government seems to overlook the fact that an enormous amount of work was done by the 2 gentlemen who prepared the report- His Honour Mr Justice Woodhouse and His Honour Mr Justice Meares, two very distinguished judicial identities. [More…]
Mr Justice Woodhouse was closely associated with the compensation scheme in New Zealand. [More…]
His Honour Mr Justice Meares is a most experienced advocate and is very dedicated to the concept of rehabilitation. [More…]
But to write into the legislation the additional provision that they themselves are bound by something this Parliament determines, namely area, can well affect the justice of the situation. [More…]
Accordingly one can really argue from the point of view of electoral justice that as the principle of one vote one value applied in the High Court determination of fixing the quota for States, would not the logical situation be that within the State itself, as far as is practicable, we should as near as possible have equal quotas? [More…]
So there can be a lack of electoral justice. [More…]
The Chief Justice said: ‘If you do not do it the High Court will do it for you’. [More…]
That is the reasonable aspect of electoral justice. [More…]
It is creating an injustice. [More…]
The fact that clause 7 includes a provision relating to electorates over and under5000 kilometres does bring a degree of justice and, as my friend the honourable member for Moore (Mr Hyde) said, the parties are in accord on that issue. [More…]
One of the pieces of exquisite irony is that in McKellar’s case this month the Chief Justice joined in declaring unconstitutional the amendments which, as Attorney-General, he had endorsed when they were put forward by an earlier Coalition Government in February 1964. [More…]
In fact the Chief Justice and the associate justices in McKellar’s case this month unanimously endorsed the view of the Representation Act 1964 which Mr Justice Murphy had volunteered in McKinlay’s case at the end of 1975. [More…]
In electoral justice, one has to discard all such considerations of population movement, Aborigines and aliens. [More…]
I think the former Attorney-General, now Mr Justice Murphy, spoke very frankly on the 10 per cent variation when, in the Senate on 10 April 1973, he said: [More…]
Let us compare the remarks of the former Attorney-General, the then Senator Murphy, later Mr Justice Murphy, with the reported comments attributed to the Leader of the Opposition (Mr Whitlam). [More…]
Reference has been made to Mr Justice Murphy. [More…]
I wish to quote Mr Justice Murphy also. [More…]
In the most recent decision, handed down earlier this month, in a case in which an elector of New South Wales challenged the validity of certain sections of the electoral Acts, the Court held that the 1964 amendments to the Representation Act- which, by the way, were introduced by the then Attorney-General, the present Chief Justice permitting an extra seat to be created where the quota was not exceeded by 50 per cent, were invalid, as they were offensive to the precept of proportionality and the nexus requirements of section 24. [More…]
This clumsy attempt to protect the National Country Party, whose members are still smouldering over their failure to have the loading increased to 20 per cent, will hinder the distribution commissioners in their attempts to bring electoral justice to Australia. [More…]
Our former colleague, now Mr Justice Murphy, as the honourable member for Denison (Mr Hodgman) said just a moment ago, spelt this out during the debate on the 1974 electoral Bill. [More…]
The Opposition acknowledges the progress that has been made but it assures the people that electoral justice will only be completely accomplished when the Labor Government takes office after the next federal election. [More…]
He said that the Kalgoorlie electorate was such a huge size that no member of Parliament could do it justice. [More…]
This, of- course, is an impossible ideal to achieve, and I challenge members on the Opposition benches to name one country where it has been achieved in terms of their euphemistically named ideal of electoral justice. [More…]
How ridiculous it is to talk about electoral justice. [More…]
Secondly, the Constitution provides for an original State to have a certain number of members and thereby the Constitution denies electoral justice. [More…]
Another point I would like to make about the honourable member for Calare is that he said there is no possibility of direct electoral justice under the present Constitution. [More…]
Therefore he says if we cannot have direct electoral justice we may as well magnify the injustice. [More…]
The Leader of the Opposition (Mr E. G. Whitlam) seemed to get some glee from the fact that perhaps the Chief Justice had approved the legislation of 1964. [More…]
He will find also that the Chief Justice left this place on about 27 April 1 964. [More…]
The participating States recognise the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation among themselves as among all States. [More…]
Will the Minister reiterate his statement of 14 November that he would ensure that the Territory legislation accords with Aboriginal wishes and that the Government will not recommend consent to that ordinance if it contravenes the recommendations of Mr Justice A. E. Woodward? [More…]
When the metal trades case was before the Commission in May 1975 a fitter was getting an award wage of $26 a week less than he should have received because, ever since Mr Justice Higgins had tied the fitter’s rate to the carpenter’s rate more than 60 years ago, the fitter’s and carpenter’s margins have been identical. [More…]
It confirmed the Government’s firm commitment to restore economic prosperity to this country and to give social justice to all our people. [More…]
The Government of course must seek economic justice for all Australians, and this is our essential aim at this time. [More…]
Auditors have been deceiving people; trustees have not been acting in accordance with their responsibilities; creditors are coming to members of parliament saying: ‘ Can ‘t I get some justice? ‘ [More…]
We may with propriety, with fairness and with justice claim that in the world today the Royal Family in London are an example of dedication to duty. [More…]
As I used to walk down Phillip Street and saw the barristers’ wigs I would think that they epitomised the great legal system of justice that was forged over the years. [More…]
Now Mr Justice Moore has to try to work out a way out of the problem. [More…]
There must be some system for working out relativities in life and for providing orderly social justice within the capacity of the economy. [More…]
The Fraser Government by indexing pensions has brought a major improvement in justice to pensioners. [More…]
It was essential because there had to be a return to balance- some type of balance and justice to different sections of the community. [More…]
The recommendations cover a broad spectrum of issues relating to the content of the criminal law, corporate and whitecollar crime, extradition, criminal procedure and evidence, the police, sentencing laws, crime prevention, the administration of justice, and other matters. [More…]
The Congress will focus world attention on Australian criminal justice laws and practices and consideration will need to be given to action that might be required to up-date these laws and practices and to bring Australian programs and achievements in the field to the attention of Congress participants. [More…]
We want to touch on some of these matters and continue to fight on behalf of all those people in Australia who consider themselves democrats, no matter what party to which they belong, for electoral justice in this country. [More…]
It is of particular importance to the Labor Party because we cannot see our great social reforms go through whatever Parliament it may be, be it a State Parliament or a national Parliament, until we establish electoraljustice in this country. [More…]
In this House and in this Parliament, electoral justice has been delivered to the people by successive Federal governments. [More…]
This is the old Labor whinge, in the search for scapegoats- the suggestions of electoral injustice. [More…]
If that is not a clear indication of an attempt by a Minister to gerrymander, to influence distribution commissioners, to bring about a situation where anything but electoral justice pertains, I do not know what is. [More…]
If notice is not taken of the disadvantages suffered by country people in regard to access to their members of Parliament and if notice is not taken of the way in which members of Parliament have to go around to represent them, there is no justice, and justice and democracy cannot be brought into this House. [More…]
I think that Mr Justice Kirby is doing some work for the Government in that area, and he is excellent at it but we want to see some progress. [More…]
He has done us great justice in his criticism, but he is concerned because we have discovered the fraud of the amendment. [More…]
The aim should be to ensure economic and social justice for all members of the community, whatever their origins; to reduce or eliminate inequalities of opportunity between social groups; and to protect and enhance the social and physical environment. [More…]
Concern for social justice and social welfare and respect for human freedom are fundamental to American values. [More…]
We acknowledge immediately that their sense of social justice could be different from that of Australia. [More…]
I remember the late Mr Justice Dovey conducted an inquiry into these matters. [More…]
The honourable member, however, did himself rather less than justice when he was incredulous at the statements made by the honourable member for Batman (Mr Garrick) on the economy, inflation and unemployment. [More…]
There is no way in which someone with any sense of justice in his heart could have deliberately ignored it because that report quite clearly, quite strongly supports the proposition that I have been maintaining in this House ever since I got here. [More…]
The serious problem is that three-quarters of the Government’s expenditures are now totally committed to maintaining existing programs introduced by the Labor Government which we have not been able to wind down sufficiently to enable the sort of justice that these people need to take place. [More…]
Indeed, one has only to go to 1974, while we were in government but while the previous private health insurance program was functioning, to recollect the findings of Mr Justice Ludeke when we set up the fees determination tribunal on the matter of pathology utilisation. [More…]
I ask: Is this justice? [More…]
It must come from people who believe in true justice for the work force and compassion for those in need, but who believe that actions must be taken to prevent social problems from occurring rather than trying to cure them and hide them once they have arrived. [More…]
The measure of the fairness of a criminal justice system is the manner in which it deals with an accused when he is under suspicion or arrest. [More…]
The Bill represents a practical attempt to translate into our criminal justice system and the procedures of the Commonwealth Police Force, the standards of the Covenant. [More…]
At the same time, it is important that any attempt to translate the language of the Covenant, which is of necessity language of generality, into specific legal provisions should be done with a full knowledge of the tradition of our criminal justice system. [More…]
It is a system, inherited from the common law, in which we can take pride and which has contributed much to the standards of criminal justice which the international community now embraces. [More…]
There is one major exception, namely that a dissenting view expressed by Mr F. G. Brennan, Q.C, now the Honourable Mr Justice Brennan, has been preferred by the Government. [More…]
In the task of preparing the present legislation, the Government had the benefit of a draft Bill attached to the Commission’s report but it was necessary to depart in a number of respects from this draft Bill, largely in order to incorporate the minority view of Mr Justice Brennan. [More…]
These modifications have been discussed with the Chairman of the Commission and Mr Justice Brennan and the Bill attempts to reflect the results of those discussions. [More…]
But above all, it proposes that these advances which are now available should be brought to the assistance of the administration of justice itself. [More…]
It is important in matters as vital to the proper operation of the criminal justice system as this Bill that proposals for legislation should be thoroughly and carefully weighed before the law is finally enacted. [More…]
I hope he will realise that there has not been, nor should there have been, nor could there have been, and specifically nor was there, any attempt to do anything other than justice in respect of this report. [More…]
The overseas born worker needs special education in the ways of achieving industrial justice. [More…]
Among the many members of the community who will suffer because of this Government’s indifferent and callous approach to social justice are the many thousands of young Australians who suffer reading and learning difficulties. [More…]
This view was expressed in 1944 in an opinion of the then Attorney-General and former High Court Justice, Dr Evatt, when he stated that section 25 (2)- a section under which Permanent Heads derive their responsibilitiesmust be read subject to fundamental and overriding principles that the constitutional head of a department of the executive government of the Commonwealth is the Minister of State. [More…]
Mr Justice Woodward was appointed. [More…]
I would go further in Labor’s great and historic concern for the disadvantaged, the underprivileged and the weak- in the primacy we give to justice and individual and family security- women may have more to gain from a Labor Government than men. [More…]
I might again take the opportunity to mention that I think there is a certain real element of fairness and justice in the 4 matters that are in fact being put. [More…]
In other words, in all of these matters there would seem to be an element of justice, fairness and reasonableness which I believe will gain them majority support in the Australian community. [More…]
Mr Justice Fox was moved to protest at the misrepresentation by the Government, both in a call which he sought on the Prime Minister (Mr Malcolm Fraser) and in a letter to the Minister for Environment, Housing and Community Development which has never been published. [More…]
In the face of urgent and solemn advice from Mr Justice Fox and his colleagues, the Government is blundering heedlessly into hasty decisions and commitments, urged on by the mining lobby and its spokesmen in this Parliament. [More…]
We will not be bullied into taking a decision in this most vital area of Australian interest until we have had a chance to read all the arguments and all the evidence presented by Mr Justice Fox and his Commission of Inquiry. [More…]
Both Sir Brian Flowers and Mr Justice Fox have lamented the lack of rational debate on nuclear power in Australia. [More…]
In this I endorse thoroughly the remarks of Mr Justice Fox. [More…]
I believe that it is the Labor Opposition which has pre-empted the decision of Mr Justice Fox. [More…]
We are talking about something which I believe and which Mr Justice Fox and his Commission think is the most important issue ever faced in this country, because it is not only a question of what the high level or low level wastes might do to Australians in the mining, milling and enriching of uranium but also a question that can affect the whole of the human race and life on this planet. [More…]
At the seminar Justice William O. Douglas of the United States Supreme Court was asked: Sir, what is your opinion of the war in Vietnam? ‘ [More…]
That in a judgement of 21 September 1976 Mr Justice Riley of the Federal Court of Bankruptcy determined in the matter of Dowling and others: [More…]
Again I would like to place before the House some interesting comments by no less a person than the Chief Justice of the High Court, Sir Garfield Barwick. [More…]
The Chief Justice of course gave a minority, dissenting judgment in that case. [More…]
Because the Chief Justice decided to have a second go at the problems he felt arose because there was representation of the Territories in this House and in the Senate he used the McKellar case to invite further challenges to the present law. [More…]
The Chief Justice, having invited a challenge, has now got the challenge. [More…]
It raises this serious question of democracy in Australia: Does the Chief Justice really think now that he will be able to get a majority of the High Court to overturn the relatively recent earlier decision in the case of The State of Western Australia v. The Commonwealth of Australia that there could be senatorial representation for the Territories? [More…]
It is being said that it is the view of the Chief Justice on his interpretation of the Constitution that representation for the Territories is to be something less than representation for the States. [More…]
But I agree with the honourable member for KingsfordSmith that it is very dangerous for a Chief Justice of the High Court to be inviting challenges to decisions of that Court only a short time after they have been made. [More…]
We ought to be falling over backwards to ensure that we spread ourselves as far as possible to ensure that justice is done in each case. [More…]
For the Minister to hide behind the definition of evacuee as against refugee as he does in his statement does not do his cause justice. [More…]
An illustration of how small-minded we are in the administration of these courts is that we have a situation in Sydney where the Chief Justice of the Supreme Court of New South Wales, in order to preserve the dignity of his Court and its independence, has instructed the chief executive officer of the Supreme Court of New South Wales to lock and to bar a door between the glassed entrances to the Federal courts and the State courts. [More…]
I appeal to the Attorney-General to see that his Department takes up with the Supreme Court authorities in New South Wales, and particularly with the Chief Justice, this pettifogging restriction which has been imposed on the movement not only of the profession- after all that is not nearly so important- but of the public. [More…]
After all these galleries are provided so that the public can have access to them and can see justice done. [More…]
As for the building, it has turned out to be a magnificent building from the point of view of the administration of justice and that is actually what it was built for. [More…]
The independent inquiries on fee determinations which the Labor Government set up in 1973 and 1974, I believe first under Mr Justice Ludeke and under Mr Mcintosh in the second case, disclosed that pathologists were certainly abusing the then system of private health insurance to rip off from the taxpayer and to rip off from the public in a quite unconscionable way. [More…]
One could go on talking about the problems of social justice that would occur if bulk billing were abolished. [More…]
This objective was basic to the establishment of the original Conciliation and Arbitration Act- seen by Mr Justice Higgins as ‘a new province for law and order’. [More…]
The Association has agreed to participate in a government initiated inquiry into fees for the year commencing 1 January 1978 and that fee inquiry will be conducted under the chairmanship of Mr Justice Ludeke. [More…]
Why is it that the inquiry by Mr Justice Ludeke into doctors’ incomes is to be held in private? [More…]
I would emphasise that we would not be doing justice to ourselves or to our poorer neighbours if such an intake was to be used to promote the growth of industries which require continuous high tariff protection rather than those which are internationally competitive. [More…]
We should aim to ensure economic and social justice for all members of the community, whatever their origins, to eliminate inequalities of opportunities between social groups and to protect and enhance the physical environment. [More…]
I have just been notified by the Attorney-General of South Australia that today we have come another step along the path of trying to establish electoral justice in South Australia. [More…]
The Privy Council has thrown out the challenge to the validity of the legislation which will bring about a major electoral redistribution in that State and thus end more than 100 years of electoral injustice. [More…]
Fortunately we have been able to prevent that occurring and there is now a proposal that the old cell block, which is one of the few historical features remaining in the Territory, is to be preserved in a courtyard setting and possibly used as an historical museum, no doubt associated with the work of the police and perhaps with the progress of justice in the Northern Territory. [More…]
If honourable members were to look at the particular electorate represented by the Minister of Justice in the previous Government, who introduced the legislation which restricted freedom under the previous Government, although admittedly only temporarily, they would find that he was defeated by a lawyer in exile, who was unable to campaign, who had to leave the country but yet received an overwhelming majority in the election. [More…]
In Karen Green’s case Mr Justice Stephen’s judgment is worth quoting. [More…]
Mr Justice Stephen declared that the Government’s policy could ‘frustrate rather than aid’ young people m obtaining the unemployment benefit. [More…]
Mr Justice Stephen stated: [More…]
As the matter is still incomplete and subject to discussions with Mr Justice Stephen and the other parties if they so wish, there is no point in pursuing this issue until the final declarations have been made and the Government has considered the reasons for any decisions that are given by the court. [More…]
I seek leave to have incorporated in Hansard the terms of reference of those inquiries which are seeking to ensure that justice is done both to those who are eligible to receive unemployment benefits and to the community generally. [More…]
Has he instructed his Depanment to examine the implications for the coastal operations, particularly in Queensland, of the Australian Shipping Commission of the judgment of 17 December 1976 of the High Court of Australia in the case of the Minister for Justice for Western Australia at the relation of Ansett Transport Industries (Operations) Pty Ltd v. Australian National Airlines Commission and the Commonwealth of Australia. [More…]
In view of the fact that the defendant was employed by a company which contracts for joint AustralianUnited States defence installations will the Prime Minister draw this matter to the attention of Mr Justice Hope who has been inquiring into the intelligence and security services for him to make an investigation and report? [More…]
I think that the honourable gentleman does the Association less than justice by not acknowledging the support that it has given. [More…]
Its emphasis and intent are good; it is based on justice intermingled with compassion. [More…]
This is certainly not doing justice to a debate that is worthy of a better effort. [More…]
Lalor (Dr J. F. Cairns), the honourable member for Cunningham (Mr Connor) and Mr Justice Murphy. [More…]
These proceedings were dismissed on 2 December 1 974 by Mr Justice Lee, who, incidentally, had once sought to enter this House when he stood against me in 1954. [More…]
I can only assume that the National Party Minister for Local Government in Queensland has fallen out of favour with Mr Joh Bjelke-Petersen and so will join the former Treasurer, Sir Gordon Chalk, the former Minister for Justice, and a number of others and shortly disappear into the limbo of past Ministers and ex-Ministers. [More…]
The only question for the Court will be whether the action is lawful, in the sense that it is within the power conferred on the relevant Minister or official or body that prescribed procedures have been followed and that general rules of law, such as conformity to the principles of natural justice, have been observed. [More…]
The court may quash or set aside the decision or part of the decision, refer the matter back to the decision maker for further consideration subject to such directions as the court thinks fit, make an order declaring the rights of the parties in respect of which the order relates, or direct any of the parties to do or refrain from doing any act or thing where the court considers this necessary to do justice between the parties. [More…]
One matter with which the Opposition does not agree is the fact that the Government has opted for the minority decision of Mr Justice Brennan, as he now is, rather than the majority view of the Commission. [More…]
The Attorney-General would know, that during the time that he was in the Senate Mr Justice Murphy was anxious to introduce a Bill of Rights. [More…]
With great respect to Mr Justice Brennan, his minority position does appear to be defective. [More…]
in terms of British justice. [More…]
The great advantage of British justice has been the jury system. [More…]
There are injustices in the history of the law. [More…]
In fact there are some- albeit very few in Australia today- who are probably innocent but the system is designed to obtain the greatest amount of justice, the maximum number of innocent persons to go free, and the absolute maximum number of guilty persons to be convicted. [More…]
I asked the Prime Minister to draw this matter to the attention of Mr Justice Hope, who has been inquiring into the intelligence and security services for investigation and report. [More…]
The Australian Broadcasting Commission reported from Washington this morning that the United States Justice Department had ordered a top level inquiry into Boyce ‘s statements. [More…]
It is going to do what Mr Justice Hope had been doing in Australia. [More…]
It appointed Mr Justice A. E. Woodward as Director-General of ASIO, thus restoring a precedent established by the Chifley Government in 1949 when ASIO was formed. [More…]
It commissioned Mr Justice Hope to inquire into and report upon all the services. [More…]
The head of ASIO- Mr Justice Woodward- was appointed by the Whitlam Government. [More…]
In March 1973 the then Attorney-General, now Mr Justice Murphy, led a raid on the ASIO headquarters in St Kilda in Melbourne. [More…]
I might say that serious related problems were stated by Mr Justice Windeyer, I think it was, in obiter dicta when he said that where there were 2 employees of the Crown and the accident to one was caused by the negligence of another there could be serious doubt about the right to take action. [More…]
When the present Government came to office it sought first in a snide way to escape from its obligations under the rail transfer agreements by briefing Mr Aicken Q.C., now Mr Justice Aicken, to study the agreements in order to see whether an escape could be found. [More…]
I do not think it does justice to the Tasmanian railway system, which I think provides much greater benefits than merely employing a surplus of individuals, as is suggested in the report. [More…]
We have the report of Mr Justice Sweeney on the maritime unions. [More…]
that in a judgement of 21 September 1976 Mr Justice Riley of the Federal Court of Bankruptcy determined in the matter of Dowling and others: [More…]
December 1976, which is known as the Masterman report and appropriate portions of which have already been tabled in this House; secondly, a judgment given by Mr Justice Sheppard in Meth and Co. (Australia) Pty Ltd and others v. the Commercial Banking Co. of Sydney Ltd; thirdly, a judgment delivered by Mr Justice Riley on 1 April 1976 and found in Volume 10 of the Australian Law Reports at page 71; and, fourthly, a judgment handed down by Mr Justice Riley on 21 September 1976. [More…]
The judgment of Mr Justice Sheppard that I have mentioned refers to some of the advantages of deeds of arrangements. [More…]
This can be seen in Mr Justice Riley’s judgment of 2 1 September 1 976 in which he said: [More…]
Mr Justice Riley in this case gave much attention to other matters as they affected Mr Baume before he made this statement. [More…]
It would seem to me that both the eminent jurists, Mr Justice Riley and Mr Justice Sheppard, have found that the deed of arrangement signed by the partners of Patrick Partners on 19 March 1976 are now operating validly, and because they are operating validly they now provide a benefit under the Bankruptcy Act 1966 to the honourable member. [More…]
Nevertheless, the deed does exist because Mr Justice Riley adverted to it. [More…]
His Honor Mr Justice Riley said that the deed stood. [More…]
The judgment of Mr Justice Riley has been referred to. [More…]
It was not so treated before Mr Justice Riley. [More…]
If, in the more spectacular cases involving civil rights or the individual’s freedom, the courts were to do anything other than scrutinise in the absolutely closest and most minute detail the entire position, there could be miscarriages of justice. [More…]
I pay tribute to those who served on that committee, namely, Sir John Kerr, Sir Anthony Mason, who is now a Justice of the High Court, and Professor Harry Whitmore. [More…]
That was put in simply to recognise the fact that there could be odd occasions when the Administrative Appeals Tribunal felt that it was in the interests of justice that a particular party should have access to the documents or perhaps an intervenor who might be there should not have access to them. [More…]
These decisions follow the Government’s study of one of the reports of the Royal Commissioner on Intelligence and Security, Mr Justice Hope, which he recently presented to the Governor-General. [More…]
The Government however, intends to make public those parts of Mr Justice Hope’s reports which can be revealed without prejudice to national security. [More…]
Honourable members will recall that Mr Justice Hope was appointed the Royal Commissioner by the previous Government to make recommendations on intelligence and security services the nation should have available to it. [More…]
Mr Justice Hope has advised me that the decisions I shall announce will not pre-empt recommendations in the other reports. [More…]
Mr Justice Hope’s report makes it clear that these arrangements would be in line with similar reforms which have been put into effect in many western democracies. [More…]
In accepting the recommendations, the Government has expressed the ministerial committee’s terms of reference more broadly than those recommended by Mr Justice Hope. [More…]
In his report, Mr Justice Hope stresses that the Government of the day should have available to it an intelligence assessments agency which can provide independent advice on a wide range of matters of national importance. [More…]
Mr Justice Hope found that the present arrangements are capable of improvement, and that those who received our intelligence assessments felt that against the tests of quality, timeliness and relevance, Australia’s intelligence production is not as good as it should be. [More…]
The Government’s decisions reflect acceptance in principle of Mr Justice Hope’s recommendations but incorporate some variations on matters of organisation and administrative arrangements where these were considered desirable by our advisers. [More…]
The first is Mr Justice Hope’s recommendation that the head offices of the intelligence agencies should be located in Canberra. [More…]
When I was Leader of the Opposition the then Prime Minister saw to it that Mr Justice Hope informed me of the course of his inquiries. [More…]
I have made sure that Mr Justice Hope keeps the Leader of the Opposition continually informed. [More…]
The Government is most appreciative of the work done by Mr Justice Hope in the course of his inquiry. [More…]
by leave- Those who have heard the speech of the Prime Minister- (Mr Malcolm Fraser) and those who will read the abridgment of Mr Justice Hope’s report which he has tabled will realise how important and urgent it was that an inquiry should be made such as has now been concluded. [More…]
I join in the : Prime Minister’s appreciation of the work that Mr Justice Hope has done, painstakingly, com- : petently, in this field, as we expected he would. [More…]
anon of the co-operation of the then Premier of New South Wales, Sir Robert Askin, and the Chief Justices of New South Wales during that period in making available the services of supreme court judges, not least Mr Justice Hope who served twice in conducting inquiries for my Government [More…]
I would imagine that we can say that with that appointment and other appointments which have been made- they were made after consultation with Mr Justice Hopethe security and intelligence services of our own country and the relations between those and the security and intelligence services of other countries will be conducted with enhanced benefit to our country. [More…]
So we had the wage and salary earners of Australia trying to get some justice from the Conciliation and Arbitration Commision in terms of a wage increase only to catch up with the price increases in January, February and March of this year. [More…]
It is utterly inconceivable that either Mr Mahoney who, at the relevant time, was head of the security intelligence organisation or Mr Justice Woodward, would do anything improper. [More…]
Having that in mind and having in mind the evidence that was given by people who attended the coroner’s inquiry, I once again appeal to the Minister to have this matter resolved by a full board of inquiry so as to ensure that not only is justice done but also that it is seen to be done. [More…]
; Attorney-General’s Depanment, Tasmania; Depanment of Justice, Queensland; Depanment of the Capital Territory, Canberra; AttorneyGeneral’s Depanment, Canberra and Depanment of Business and Consumer Affairs, Canberra. [More…]
He will remember the different accounts that were given last November and December by the Minister who represents him in the Senate about the letter which Mr Justice Fox gave to him concerning the interpretation that had been placed on the Ranger Uranium Environmental Inquiry’s first report. [More…]
Since the second report is to be published tomorrow and presumably will be followed by a full parliamentary debate, I make bold to ask the honourable and gallant gentleman: What decision did he make about tabling Mr Justice Fox’s letter expressing misgivings about the interpretation placed on the first report? [More…]
The Royal Commissioner on Security and Intelligence, Mr Justice Hope, who was appointed by the Leader of the Opposition in August 1974, has recently completed a most extensive series of investigations and reports on all aspects of Australian intelligence and security. [More…]
Mr Justice Hope has made recommendations to increase the effectiveness of our internal security arrangements. [More…]
Mr Justice Hope’s recommendations have already been the subject of detailed study and I shall be making a statement to the House after my return from the Commonwealth Heads of Government meeting in London about the Government’s decisions concerning the Royal Commissioner’s report. [More…]
It is my belief that the DirectorGeneral of ASIO, Mr Justice Woodward, carries out this responsibility creditably and faithfully. [More…]
Similarly, the Leader of the Opposition, whose Government appointed Mr Justice Woodward, has recently reaffirmed in the House his confidence in the Director-General. [More…]
Furthermore, I endorse the right honourable gentleman’s tribute to Mr Justice Hope and Mr Justice Woodward. [More…]
But Mr Justice Hope, in my suggestion, is not supposed to carry out any inquiry other than that which he was commissioned by my Government to carry out. [More…]
In respect of Mr Justice Woodward and the Acting Director-General, Mr Frank Mahony, whom my Government appointed, I would completely endorse the accuracy of all they say and the propriety of all they do. [More…]
The best rejoinder to that naive and dangerous belief is to be found in Mr Justice Hope’s third report which was tabled on 5 May. [More…]
Believing that any improper activities in Australia by foreign intelligence services should be a cause of the deepest concern to any Australian Government, and endorsing in this context the statement made by Mr Justice Hope in his Third Report on Intelligence and Security that ‘Australia’s intelligence interests do not and cannot coincide with those of any other country’; [More…]
It is utterly unsatisfactory for the Prime Minister to say that Mr Justice Hope has investigated the activities of the foreign intelligence services in Australia and that therefore no further inquiry is needed. [More…]
The point is that these allegations had not been made before Mr Justice Hope concluded his investigation. [More…]
They are new charges based on new allegations which were not available to Mr Justice Hope. [More…]
We all know, as a result of Mr Justice Hope’s inquiry, how necessary and how prudent it was to have an inquiry into our intelligence and security services. [More…]
In this regard the Government is pleased that, as recently announced, Mr Justice Fox has agreed to become an adviser to me on policy matters relating to nuclear non-proliferation and safeguards. [More…]
In fact, if the honourable member had read the Press release of the Attorney-General (Mr Ellicott) he would know as I do that Mr Justice Yuill was appointed to the Parramatta Court and Mr Justice Cook was appointed in Sydney. [More…]
As Mr Justice Higgins said of the arbitration system in 1919: [More…]
1 ) An interim report only has been made by Mr Justice Brennan on the 6 companies. [More…]
The customary practice of specialists charging fees generally higher than those charged by general practitioners was recognised by a Commonwealth Committee of Enquiry under the chairmanship of Mr Justice Nimmo. [More…]
Separate categories of crime could be included, such as armed hold-ups, where justices would be specifically bound to refuse bail except in the most exceptional circumstances with the onus to be on the defendant as in murder cases. [More…]
I believe also that there is a strong case at this time for legislation to be introduced for it to be mandatory that a justice should record his reasons not only for refusing bail but also for granting it, certifying that he has personally read the accused’s official up-to-date record. [More…]
I remind the Minister that in 1965 in this House an Attorney-General named Barwick introduced legislation called the Representation Bill and this year a Chief Justice named Barwick declared that legislation invalid. [More…]
However, his understanding was quite different when he was Chief Justice of the High Court of Australia. [More…]
On an application to the Federal Court of Bankruptcy by the Commercial Banking Company of Sydney Limited to restrain these persons from executing the deeds Mr Justice Riley in his judgment given on 1 April 1976 found that the Bank failed to satisfy the Court that the individual deeds departed from a plan of administration that would be just and equitable and for the advantage of creditors (Re Patrick Partners 10A.L.R.71 at pp. [More…]
At page 89 in the judgment referred to in the answer to part ( 1 ) of this question Mr Justice Riley said that the Bank had not satisfied the Court that ‘the amount that could be recovered under the “preference” provisions in bankruptcy if proceedings under those provisions were successful would exceed the amounts contributed under the deed from separate estates’. [More…]
What representations has the Government made to the United States Departments of Justice and State in respect of any of these inquiries. [More…]
1 ) Has his attention been drawn to a report in the Australian Financial Review of 28 February 1977 that the United States Department of Justice has asked the Australian Government for a meeting to discuss Australia’s refusal to co-operate with its inquiry into alleged uranium price fixing. [More…]
Has the Australian Government yet responded to any request from the Department of Justice. [More…]
5 ) Can he say whether President Carter has indicated his support for the Legal Service Corporation so that every citzen has an equal access to justice. [More…]
1 ) Has his attention been drawn to the report in the Brisbane Sunday Mail of 6 March 1 977 of remarks made by Mr Lickiss, the Queensland Minister for Justice. [More…]
Has his attention also been drawn to the report in the Age of 22 March 1 977 of remarks by Mr Justice Emery concerning delays in the Family Court. [More…]
I let them have the men for another 6 weeks and Mr Justice Piper gave the workers the waterside workers rates of pay. [More…]
What he is saying is that every law of the land and every court of the land to which people can apply for justice are, in fact, excessive legalism. [More…]
I have heard that Mr Justice Alley might be appointed and if that is so then the second most senior member of the firm of Moule, Hamilton and Denham would not appeal to me as being a particularly good sort of appointment to be given independent powers when the next Labor Government gains office. [More…]
I must admit that I was surprised and disappointed that the honourable member for Hindmarsh (Mr Clyde Cameron) chose to attack a Deputy President of the Conciliation and Arbitration Commission, Mr Justice Alley, and the Public Service Arbitrator, Mr Taylor, both of whom are distinguished members of the Commission. [More…]
Following the Judgment by Mr Justice Stephen in the High Court case brought by Miss Green against the Commonwealth and the Declarations made by Mr Justice Stephen on 22 April 1977, the Director-General reviewed the claim for unemployment benefit made by Miss Green on 20 December 1976. [More…]
That was, in substance, the effect of Mr Justice Stephen’s judgment. [More…]
Before the adjournment His Honour Justice Robinson asked me whether I could inform the Bench as to whether the Medibank components of the December consumer price index would be removed from calculations determining the tax indexation adjustment to take effect as from 1 July 1977. [More…]
Mr Morling, Q.C., who was appearing for the Commonwealth before Mr Justice Moore and other members of the Conciliation and Arbitration Commission, was asked by the Bench, before lunch on 4 November, whether the Medibank component of the CPI would be removed for tax indexation purposes. [More…]
I repeat that was a considered answer given immediately after the luncheon break when clearly consultation had taken place with the Government as to what the answer should be to Justice Robinson’s question. [More…]
Whenever a government begins to index selectively, it may be doing justice to some sections at the expense of injustice of other sections. [More…]
We should not allow the position to be camouflaged by the mumbo jumbo that it is indexation and it is doing justice. [More…]
May those who enter this open door govern with justice, reason, and equal favour to all . [More…]
I think that is summed up in part of the judgment where Mr Justice Stephen said: [More…]
His Honour, Mr Justice Stephen, in the High Court on 15 April found: [More…]
What the Opposition is saying is that it would not matter what Karen Green did or what efforts she made to find employment; she was going to be denied justice by this Government, on the basis that if the Government were to give ground in the Karen Green case, the Government said: We would have to give ground in 35 000 other cases and we are not going to do so’. [More…]
The facts, as found by His Honour, Mr Justice Stephen, were as follows: [More…]
Let us apply it and then give justice to Karen Green. [More…]
Mr Justice Stephen made 2 draft declarations on the day on which he made the draft declarations final. [More…]
In response to submissions as to the form of his declaration on 22 April 1977 Mr Justice Stephen said in court, more or less: ‘It is not for me, in the declaration, to tell the DirectorGeneral what he might have regard to. [More…]
I would like to take the opportunity of having incorporated in Hansard, with the leave of the Opposition, the declaration of Mr Justice Stephen at that time. [More…]
In his judgment, Mr Justice Stephen restated the provisions of section 107 of the Social Services Act in relation to which the plaintiff’s claim was lodged. [More…]
After canvassing the argument that had been put to him regarding the case, Mr Justice Stephen said in his judgment: [More…]
Mr Justice Stephen went on to say: [More…]
Those who cry that a lack of justice has been shown to the Victorian dairy farmers- I am a Victorian dairy farmer- because of the market milk levy overlook the fact that the States jealously retain their power over intrastate milk, the Victorian Government no less than the others. [More…]
It is hypocritical for a Victorian Minister to claim that lack of justice has been shown because the Victorian dairy farmers theoretically cannot take on the Sydney milk market when the same Victorian farmers will be prevented for 10 years by that same Minister from complete access to the Melbourne market and to cry about UHT milk- ultra-high treatment milk- being included in the levy if and only if it is found to be disrupting orderly marketing when Victorian UHT milk has been effectively barred from the Melbourne market for many years. [More…]
However, that raises the important question of whether, if the additional financial return for market milk is not to be equalised, then, as a position of minimum justice for southern dairy farmers the quantity of that milk should be included in the national entitlement; that is, that the quantity as distinct from its value should be included or, to put it another way, the butterfat equivalent of market milk produced in a State should be included in the State’s entitlement and the State should then be left to sort out how it will handle the market milk in the provision of an individual farmer’s entitlements. [More…]
The Minister should be prepared to go against the majority of the States if they are not prepared to concede the justice of the argument that I have just put on the inclusion of the butterfat equivalent of the market milk entitlement in the national aggregate entitlement, just as that same Minister decided against the State with the majority of production when he introduced the market milk levy. [More…]
In justice to those who were kind enough to attend this meeting, I must say that a full copy of the proceedings was sent to the Minister and I believe was studied by his Department. [More…]
These proposals were developed out of the Government’s consideration of the conclusions and recommendations of the independent inquiry into repatriation conducted by Mr Justice Toose of the New South Wales Supreme Court. [More…]
In his report, Mr Justice Toose recommended that repatriation boards should be abolished and replaced by a system whereby the initial determination of claims should be the responsibility of the Commission exercising its powers through suitably qualified persons acting individually as delegates. [More…]
On the other hand, Mr Justice Toose recommended that, if repatriation boards were retained, the members when appointed should be subjected to an intensive training programme before making determinations, rotation of board chairmen and members should be actively pursued and the boards should be made clearly and directly subject to active oversight by the Commission. [More…]
Additionally, the Government has adopted the recommendation by Mr Justice Toose that there should be arrangements for rotation of chairmen and members. [More…]
The Government also considered the view expressed by Mr Justice Toose that boards should be made clearly and directly subject to active oversight by the Commission. [More…]
The object of these provisions is to obtain better co-ordination among boards, to ensure the attainment of a high standard by boards in the discharge of their duties, as suggested by Mr Justice Toose, but without reducing the independence of each board in the exercise of its determining power under the Act in respect of individual cases. [More…]
Mr Justice Toose had the following to say in this regard: [More…]
Mr Justice Toose came to the conclusion that: [More…]
The Government has accepted Mr Justice Toose ‘s conclusion. [More…]
Mr Justice Toose reported that there was before his inquiry a considerable amount of evidence that the present section 47 had caused much dissatisfaction and frustration and he concluded that the present provisions of section 47 have proved most unsatisfactory and should be amended. [More…]
The Bill provides for the repeal of the present section 47 and for the insertion in its place of a much simpler section which will provide that determining authorities: Are not bound by technicalities, legal forms or rules of evidence; and shall act according to substantial justice, taking into account any difficulty that for any reason may lie in the way of ascertaining the existence of any fact, cause or circumstance, including such reasons as the effects of the passage of time and the absence of or deficiency in any official records. [More…]
1 ) Has his attention been drawn to a report headed ‘Corporate Crooks may face summary justice ‘ appearing on page 2 of the Sydney Morning Herald of Wednesday, 30 March 1977. [More…]
First of all, Mr Justice Robinson of the Conciliation and Arbitration Commission chaired a conference of the parties which resulted in a special redundancy program being introduced into the industry for a limited period. [More…]
The Conference was assisted in its consideration of this matter by Mr Justice Robinson and Commissioner Neil. [More…]
It is the strength of this attitude which will in part determine the sense of justice which the society possesses. [More…]
As I said at the outset of my second reading speech, the very need of these people for justice in many cases is denied because of their inability to finance their legal rights. [More…]
One would be denied justice if that were the situation. [More…]
We need to look at the whole question of poverty and the criminal justice process. [More…]
It is important as far as the Department of Veterans’ Affairs is concerned, and in respect of the method of accepting conditions, that justice must not only be done but must also appear to be done. [More…]
Last week my Party’s welfare committee had a lengthy and very interesting discussion with Mr Justice Toose and Mr Kingsland, who is Secretary of the Department of Veterans’ Affairs. [More…]
Mr Justice Toose carried out the independent inquiry into the repatriation system which concluded in June 1975. [More…]
The issue raised by Mr Justice Toose which is relevant to the legislation before us is the lack of uniformity in the presentation of cases and in the action of the repatriation boards. [More…]
What Mr Justice Toose reported and what those of us who have been interested in repatriation for some time as a result of helping constituents or ex-members have been aware of is that some deserving ex-members do not get benefits and do not have certain conditions accepted while the cases of others whose conditions have been accepted and who possibly get pensions may not be as deserving or as clear cut. [More…]
Even though my Party introduced the practice of giving reasons for decisions, I noted when we met Mr Justice Toose last week that some of the people on the boards who give these decisions are not exactly highly trained to make the decisions or to give reasons for them. [More…]
They then went on to make an important point which I am sure is wrong and Mr Justice Toose, when I showed it to him, agreed with me. [More…]
I was pleased when I showed the reasons for decision to Mr Justice Toose and Mr Kingsland that they did not agree with them. [More…]
It is a question of untrained people presenting the cases in many instances with the cases being presented inadequately, as Mr Justice Toose pointed out. [More…]
Mr Justice Toose, as the Minister for Environment Housing and Community Development (Mr Newman) who is at the table knows, recommended that lawyers ought to be allowed to appear in appeals. [More…]
In the summary of his report at page 20, paragraph 83, Mr Justice Toose stated: [More…]
As I said at the beginning of my remarks, justice must not only be done but must also appear to be done. [More…]
I note that in the report by Mr Justice Toose he said that the Act should be amended. [More…]
I am pleased that the Government has finally started introducing legislation arising from Mr Justice Toose’s report. [More…]
What also pleases me is the fact that the proposals were developed from the conclusions and recommendations of the independent inquiry into repatriation conducted by Mr Justice Toose. [More…]
Mr Justice Toose was correct in his findings that many claims in the past have been presented in an inadequate fashion, as the honourable member for Prospect also said, resulting mainly from a misunderstanding of section 47 of the Act. [More…]
Iii some instances this created a feeling of distrust and injustice towards members of a board by some claimants. [More…]
The clarification of this part of section 47 will ensure that, in future, claimants can be assured that justice will be done. [More…]
His Honour, Mr Justice Toose, prepared a large report of 3 volumes, containing many recommendations. [More…]
His Honour Mr Justice Toose presented this first report in June 1975, nearly 4 years later. [More…]
I do not even begrudge the amount if it is going to mean the correction of injustice in respect of the exservicemen of this country or, as we now use the American jargon, the veterans of this country. [More…]
I well remember the then honourable member for Balaclava, Mr Justice Joske, and Dr Evatt taking a very great interest in this matter and the Returned Services ‘s League bringing forward to this Parliament the Queen’s Counsels’ views on the interpretation of section 47 of the Act, which sets out the onus of proof provisions. [More…]
-I think that the exservicemen of this country regard Dr Evatt and a former Attorney-General, Senator Spicer, as well as a former honourable member for Balaclava, now Mr Justice Joske, as the great freedom fighters about section 47. [More…]
Dr Evatt, as he was then, referred in Hansard in the 1955 to the judgment of Mr Justice Denning in the case of Miller v. Minister for Pensions in 1 947 when he said: [More…]
The only statistic I want to mention in complimenting Mr Justice Toose on his preparation of the report is the figure he mentioned at the tail end of his opening when he said that approximately 4300 individuals were contacted. [More…]
I belive that Mr Justice Toose made a very valid point when he recommended that eventually disability must be based on 100 per cent. [More…]
That certainly was a recommendation made by Mr Justice Toose. [More…]
But what the honourable member for Hughes did not mention was that in paragraph 69 Mr Justice Toose made the provision that if boards were not abolished there should be a different set of recommendations. [More…]
The reason why the Government did not accept the recommendation of Mr Justice Toose that repatriation boards should be abolished was simply that there was a tremendous weight of criticism made by various ex-service organisations. [More…]
It was taking a direct recommendation from Mr Justice Toose which he posed as an alternative to his original recommendation. [More…]
The only sanction that springs to mind is enforcement of contractual obligation through the international justice machinery. [More…]
One was that His Honour Justice Fox was to be appointed adviser to the Prime Minister on nuclear and associated matters. [More…]
Mr Justice Fox concluded: [More…]
I think that that is what Mr Justice Fox and his fellow Commissioners were pointing to. [More…]
Justice Fox was not asked to make decisions on the development of the economy of the Northern Territory. [More…]
The honourable member made it clear to me in his speech this afternoon that his great anxiety was that anxiety that is referred to by His Honour Justice Fox and by my colleague the honourable member for Canberra (Mr Haslem). [More…]
When we read what Justice Fox has to say about the Non-Proliferation Treaty we realise that honourable members who are speaking here against the export of Australian uranium ore should have second thoughts. [More…]
It is quite clear from the report of Justice Fox that if that were done we would be in breach of the non-proliferation Treaty. [More…]
Lastly, and most importantly, it goes a long way beyond the recommendations which were made by Mr Justice Fox in his 2 reports, particularly the first report. [More…]
The Government has recognised that the great issues raised by Mr Justice Fox and his colleagues in their first report were of such a nature as required the involvement of the Australian people. [More…]
However, I cannot support the amendment moved by the honourable member for Hotham (Mr Chipp) since clearly that would pre-empt the very recommendations which Mr Justice Fox and his colleagues have made. [More…]
I should like to commend the Joint Committee on Foreign Affairs and Defence on the justice of its report. [More…]
1 ) Did Mr Justice Gibbs in the case of Salemi v Minister for Immigration hold that the Immigration Act did not require the Minister to act in accordance with the rules of natural justice. [More…]
1 ) Mr Justice Gibbs held the view that the Minister is not bound to alford a hearing to a prohibited immigrant before ordering his deportation under section 18 of the Migration Act. [More…]
However, the matter of privacy, as the honourable member will be aware, has been referred as a specific reference by the Attorney-General to the Australian Law Reform Commission under the chairmanship of Mr Justice Kirby. [More…]
In view of the media and stock exchange speculation which arose in the middle of last month from accounts of cables the Prime Minister received from Mr Justice Fox, which His Honour and later the Prime Minister himself described as appalling speculation, I ask whether he will promptly table those cables just as the 2 reports of the Fox Committee were promptly tabled. [More…]
I hope that the Minister will not exercise his discretion in the way he did when dealing with the representations of an Italian worker, Mr Salemi who is still under threat of deportation, notwithstanding that three High Court judges indicated that there had been a denial of natural justice and that the other three High Court judges were of the opinion that Mr Salemi had been treated unfairly and that the concept of natural justice did not apply in the administration of the Minister’s decision under the Immigration Act. [More…]
He has to say that justice will apply. [More…]
Reasons for judgment given by a Justice or the Full Court in a proceeding- for each copy issued to a person not a party to the proceeding and for each copy in excess of one copy issued to a party to the proceeding- per page $0.50 ‘ [More…]
For a copy of reasons for judgment of a Justice or a Court, per folio…………… 6d. [More…]
The Chief Justice has proposed a substantial change in the method of reproducing the judgments of the Court which could make them more readily and more cheaply available to the parties and certain institutions such as Courts, libraries, professional bodies and universities and at a reduced cost to other persons and bodies. [More…]
1 ) Has his attention been drawn to the paper delivered by His Honour Mr Justice Blackburn at the Second Symposium on Law and Justice in the Australian Capital Territory regarding law reform in the Territory. [More…]
Surely there has to be some justice in this matter. [More…]
As further evidence, Mr Justice Woodward stated: [More…]
I would like to quote to the House an extract from the decision of Mr Justice Sharp in the distilleries case in 1976 in which he was faced with an argument for the application of a stand-down clause in respect of employees when the employer felt that there was not enough work for the employees because of power stoppages or whatever it was. [More…]
But how can the Parliament do justice to its obligation to the people of this country in the Committee stage if we are not allowed even to look at the Bill or to have a Committee or Caucus meeting to understand what is in it? [More…]
There is no such thing as natural justice. [More…]
The old principle of natural justice, the proud pillar of British justice and British common law, has been trampled on. [More…]
Mr Justice Fox ;Correspondence [More…]
On 16 August, the Leader of the Opposition (Mr E. G. Whitlam) asked me if I would table cables and a letter of 8 November 1976 from Mr Justice Fox allegedly concerning media and stock exchange speculation on the Reports of the Ranger Uranium Environmental Inquiry. [More…]
I have examined the correspondence I have received from Mr Justice Fox. [More…]
I should like to take this opportunity to announce that Mr Justice Fox, with my concurrence, has accepted an invitation to participate in the initial meeting of an International Consultative Group on Nuclear Energy which has been established by the Rockefeller Foundation and the Royal Institute of International Affairs. [More…]
This Budget- inadequate and misconceived as a response to our immediate problems, negative and destructive in its particular measures, class-ridden in the most profound sense- will drive us further apart from those nations where true progress and social justice are pursued. [More…]
I agree with what was said by the Leader of the Opposition this evening when he quoted Mr Justice Moore’s judgment in the latest national wage case. [More…]
We have achieved at great cost but to our electoral advantage great increases in all these economic indicators within the framework of producing greater social justice. [More…]
Mr Deputy Speaker, before proceeding, I wish to take this opportunity to pay tribute to the presiding Commissioner of the Ranger Inquiry, Mr Justice Fox, and to his fellow Commissioners, Mr G. G. Kelleher and Professor C. B. Kerr. [More…]
Since then I have appointed Mr Justice Fox as adviser to the Government on nuclear nonproliferation and safeguards matters. [More…]
For my part, I believe that the policy we have developed in this area is second to none and goes beyond the recommendations of Mr Justice Fox and his colleagues. [More…]
Even the comments by Mr Justice Fox are significant. [More…]
These are the words of Mr Justice Fox. [More…]
I am sure you will appreciate our feelings of concern that five innocent Australians could meet their deaths in circumstances which have not only never been satisfactorily explained, but also where the culprits have apparently escaped scot free and have never been brought to justice. [More…]
I do not want to be discourteous to a Justice of the High Court, nor do I want to be discourteous to somebody I served under. [More…]
These proceedings involved the Leader of the Opposition (Mr E. G. Whitlam), two former Ministers and a justice of the High Court. [More…]
On 20 April 1977 three of the defendants, that is those defendants other than Mr Justice Murphy, sought legal aid. [More…]
So, on the basis of that and on the basis of doing justice to the defendants, that seemed to me to be a proper course to take. [More…]
On 5 August I received the following letter from Mr Justice Murphy: [More…]
Your personal involvement in this affair including certain statements in Parliament should as a matter of simple justice preclude you from acting as Attorney-General in any way against the defendants. [More…]
At the outset I wish to point out that by letter dated S August 1977 the honourable Mr Justice Murphy informed me that he has strong objections to my taking over the proceedings if I had the intention to continue them. [More…]
But in the light of Mr Justice Murphy’s letter and in the light of counsel’s advice, I thereupon decided I should not take over the proceedings. [More…]
A decision to intervene and then discontinue the prosecutions had been ‘muddied’ by Mr Justice Murphy’s firm opposition to the idea that the Government should step in, they said. [More…]
I was glad to note that the honourable member for Wentworth emphasised that the decisions he made in these matters were his alone and in particular that the decision not to prosecute after receiving Mr Justice Murphy’s letter was his and his alone. [More…]
He was one of the counsel for my Government before the International Court of Justice in the French nuclear tests case. [More…]
These proceedings were dismissed on 2 December 1 974 by Mr Justice Lee, who, incidentally, had once sought to enter this House when he stood against me in 1 954. [More…]
He said that Mr Justice Fox totally disagreed with the proposal to mine uranium and sell it overseas because of the ‘waste’ problem. [More…]
Mr Justice Fox recognised that there were problems but, in fact, recommended that there were no real bars to its export from this cause. [More…]
The decision by the Liberal-National Country Party Government has been preceded by and based on the findings and recommendations of the two major reports by Mr Justice Fox and his fellow commissioners. [More…]
A decision to intervene and then discontinue the prosecutions had been ‘muddied’ by Mr Justice Murphy’s firm opposition . [More…]
A story was leaked out that Justice Fox was not in favour of uranium mining. [More…]
The National Times of 30 July associated the Prime Minister and his office with a lie, because Justice Fox made it very clear in a telegram to his fellow commissioners that that was not so. [More…]
He said that he had Been shown documents, told that you had threatened to resign, and told also that the Prime Minister wished to see the case against Mr Whitlam, Dr Cairns, the late Mr Connor and Mr Justice Murphy pursued. [More…]
Everyone is aware that there is a violent minority within Australia which is opposing uranium development regardless of a decision of a democratically elected government which has examined the Ranger reports with great scrupulousness and care and has overwhelmingly followed the recommendations of Mr Justice Fox and his fellow commissioners. [More…]
The vital and important work that Mr Justice Fox is doing now on behalf of the Government and the people of Australia, as adviser on the way that Australia can best lend its efforts to prevent the spread of nuclear weapons, could not have anything like the effect that it will have. [More…]
If Australia were to remove itself from a position of influence in the various studies that are under way, such as the fuel cycle evaluation and other matters designed to achieve a safer worldand even more stringent matters relating to safeguards- then the work of Mr Justice Fox as adviser on non-proliferation would certainly be weakened. [More…]
He shows a lack of understanding of ordinary principles of fair play, correct conduct and natural justice. [More…]
That was incorrect, and the Chief Justice of the High Court of Australia described it as being an untenable reason. [More…]
Three judges were of the opinion that Mr Salemi had been denied natural justice; the other three judges said that he had been unfairly treated but that the concept of natural justice did not apply in the administration of the Minister’s decision under the Migration Act. [More…]
Let justice be done. [More…]
In particular, he has been told it by his old chum, the Chief Justice of Australia. [More…]
Earlier, in a matter brought by Mr Salemi himself, the Chief Justice reached that conclusion. [More…]
In that case the Chief Justice said he expressed the view in the case of Mr Salemi that the power to order deportation under section 18 is not qualified by the necessity to afford a prohibited immigrant natural justice. [More…]
If a Minister has a power that does not have to be exercised subject to considerations of natural justice it is a particularly grave power. [More…]
In the Fijian nurses’ case the Chief Justice said that where a person was a prohibited immigrant the Minister had no discretion under section 18, he had to deport. [More…]
It would be remiss of me, as their representative in this Parliament, to slacken my efforts to ensure that in this situation justice should be done. [More…]
I would seek the support of all members of this House to apply themselves as best they can to see in this situation that justice be done. [More…]
The decision went against him because the Chief Justice based his decision on these very technical grounds. [More…]
About the same time as we passed the Ombudsman Act we also passed an Act which said that further justice would be available for the people of Australia to obtain a judicial review of administrative decisions. [More…]
It is rather tragic and rather sad to think that the Government has not promulgated that Act because under section 5 of that Act a breach of the rules of natural justice can be the subject of reviewing a decision. [More…]
In this case there has been a breach of the rules of natural justice. [More…]
Why has Salemi been put in the position of receiving the benefit of the Ombudsman’s review and still being denied the opportunity to obtain a judicial review which could virtually reverse the Minister’s decision on the basis of natural justice? [More…]
For that reason the Minister bears the onerous burden of the remarks made about the situation, even by the Chief Justice himself. [More…]
On page 9 of his judgment of 1 1 May the Chief Justice said: [More…]
The Minister was the subject of a barb from the Chief Justice. [More…]
I would like to draw the attention of honourable members to statements that were made by Mr Justice Gibbs and particularly to the statements he made about the Minister’s Press statements. [More…]
So we have this outrageous situation: The Chief Justice has held that the Minister did not have to follow established principles of natural justice, and the law passed with the approval of both Houses of the Parliament has not been promulgated. [More…]
The law says that if natural justice has not been followed we can review the Minister’s decision. [More…]
That was the decision of Mr Justice Jacobs in the same case. [More…]
The High Court did not question this, the principal question before the High Court was whether I had an obligation to observe the principles of natural justice. [More…]
The decision of the court was that I did not have such an obligation but nonetheless I believe I have treated Mr Salemi ‘s case in great detail and given it full consideration, and given him in every instance the right to be heard in respect of matters at issue in accordance with the recognised rules of natural justice. [More…]
So clearly there is confusion in this Government as to the equity and justice of taxation measures and also confusion about when things will be applied and how they will apply. [More…]
I hasten to add that local authorities in the United States and Canada have responsibility, of course, for functions such as police and justice, health and welfare, housing and urban renewal and in some cases, education which Australia does not have. [More…]
He claimed in his address to the nation that Mr Justice Fox recommended that no mining or export of uranium should take place until the safe disposal of waste had been solved. [More…]
What Mr Justice Fox and his fellow commissioners said was that the present situation with waste was such that it did not justify a decision by Australia not to export uranium. [More…]
I preface my question to the Minister for Transport by reminding the honourable gentleman and the House that in September 1974 the Whitlam Government appointed Mr Justice J. [More…]
If I had stayed there a little longer I would have joined them in their demonstrations criticising the three stupid old judges who reversed the decision and who made clowns of themselves and of the British system of criminal justice. [More…]
In the interests of justice and to assist the royal commission will the Treasurer consider directing the Commissioner of Taxation to provide to the royal commission such information as he has in regard to how people may have acquired money and assets which are disclosed in their income tax returns and which obviously have come from criminal activities? [More…]
One of the most important findings of the Royal Commissioner, Mr Justice Hope, was that Australia needs intelligence of quality, timeliness and relevance and that existing intelligence assessments do not meet these tests as well as they should. [More…]
It is a terrible crime in the name of justice that metal workers are getting less money now than a Class 4 clerk in the Commonwealth Public Service. [More…]
It is a travesty of wage justice that a toolmaker should be getting $60 a week less than a Class 2/3 clerk in the Public Service. [More…]
Australia values highly the work performed by the International Labour Organisation in the labor field and in the promotion of social justice generally. [More…]
-I have to inform the House that we have present in the Gallery this afternoon the Justice Committee of the Swedish Parliament, led by Mrs Astrid Kristensson, Chairman of the Committee. [More…]
The Chief Justice went against him on the issue of law and not on the merits of natural justice. [More…]
People are entitled to justice. [More…]
Justice did not come into the matter. [More…]
I believe that what I say would be supported by many people who believe in such organisations as the International Red Cross, the Catholic Commission for Justice and Peace, Catholic Relief, Community Aid Abroad and a large number of members of the Returned Services League who served alongside the East Timorese in World War II when 50,000 East Timorese out of a total population of Timor of only 500,000 fell. [More…]
In December 1976 the Catholic Commission for Justice and Peace published a report expressing grave concern for the welfare of over 500,000 East Timorese. [More…]
Now they are wrecking another- but with superb irony and supreme justice the Government they are wrecking is their own. [More…]
The Australian Labor Party knows where truth and justice lies in South Africa in assisting the blacks to economic security and political enfranchisement and dignity to where they can exercise their human rights. [More…]
I raised this case with the Secretary of the Department of Veterans’ Affairs and with Mr Justice Toose, who had previously held an inquiry, and they both assured me that my interpretation was correct. [More…]
He is numbered among those who are suffering for the sake of justice. [More…]
These men were portrayed almost as fugitives from justice. [More…]
If we want to look at what is deemed to be the situation we could do no better than to turn to the dissenting judgment in that case by Mr Justice Higgins who thought that it was perfectly fair and reasonable that the Parliament of the nation fix a retiring age for judges. [More…]
Section 72 of the Constitution talks about justices of the High Court and of the other courts created by the Parliament. [More…]
Surely we could read into that that if the national Parliament had the power to create other courts it would have the power also to determine retiring ages and, if so, that would apply to justices of the High Court as well because they are referred to in the same section of the Constitution. [More…]
Mr Justice Higgins drew a parallel with section 103 of the Constitution which provides for members of the Inter-State Commission to hold office for seven years. [More…]
They could be removed under the same circumstances as justices could be removed under section 72. [More…]
After all, nobody in his right mind would expect Prime Ministers or other leaders in this country to be in their 80s, as has happened with many justices of the High Court as a result of the interpretation of section 72 of the Constitution. [More…]
Mr Justice Barton continued to the age of 71 years. [More…]
Mr Justice Isaacs went on to 75 years of age. [More…]
Mr Justice Powers went on to 76 years of age. [More…]
Mr Justice Rich- I will save my comments about him- went on to the grand old age of 87 years but had no active political career. [More…]
That applied also to Mr Justice Starke who had a particular hostility towards the late Mr Justice Evatt. [More…]
The present Chief Justice has announced, as he is entitled to do, that he thought there might be a better method of appointing judges, including High Court judges, by having them appointed by an outside committee. [More…]
-This has created great pressure upon government and upon the administration of justice. [More…]
The fact is that there are three appointed judges - Mr Justice Fox, the Chief Judge, Mr Justice Blackburn and Mr Justice Connor. [More…]
Mr Justice Fox has been overseas for reasons well known to the Leader of the Opposition and to honourable members. [More…]
Mr Justice Blackburn is about to go or has gone on sabbatical leave. [More…]
Therefore there may be a need to fill some positions on the court, either temporarily or even permanently, depending on the future of Mr Justice Fox and on the future activity of Mr Justice Blackburn. [More…]
Whilst I was in Washington in August I met Mr Justice Fox. [More…]
Mr Justice Fox has concluded his inquiries. [More…]
Mr Justice Blackburn is no longer available, as the honourable member has said. [More…]
I understand that an ordinance is to be made to permit the appointment of Mr Justice Else-Mitchell. [More…]
The Prime Minister quite rightly paid tribute to Mr Justice Fox and his colleagues. [More…]
For instance, I believe that there are good economic as well as environmental reasons for sequential development, as Mr Justice Fox and his commissioners recommended. [More…]
When the Builders Labourers Federation was brought before the Industrial Court for deregistration Mr Justice Franki had this to say in his judgment: [More…]
We said when we came into power that there should be justice for all. [More…]
It is not justice for all that people in Sydney should be able to buy petrol for 14.5c a litre and people in Burketown should have to pay 29c a litre for it. [More…]
I make a plea for understanding and justice for rural Australians. [More…]
Some little time ago, as a result of an application made by the Master Builders Association, Mr Justice Alley of the Conciliation and Arbitration Commission ordered under section 45 of the Conciliation and Arbitration Act a secret ballot to be held by the builders labourers involved in work on the State Savings Bank. [More…]
The increases in benefits flowing from the fees increases determined by Mr Justice Ludeke should result in increases in family contribution rates of up to 35c per week. [More…]
I would also like to express the Government’s appreciation to Mr Justice Ludeke for the manner in which he conducted the 1977 Inquiry and for his timely presentation of this comprehensive determination. [More…]
Whilst the Minister has ignored those changed circumstances, hopefully Mr Justice Ludeke has not and has discussed these factors in his determination because it is very difficult to apportion an exact value to those changed circumstances. [More…]
The important point in the answer is the one we find difficulty in dealing with and hopefully Mr Justice Ludeke got some information from the Commonwealth Department of Health. [More…]
I do not know whether those factors have been taken into consideration by Mr Justice Ludeke in determining the new fees. [More…]
The Royal Commission will be constituted by Mr Justice E. S. Williams of the Queensland Supreme Court and will commence its hearings as soon as possible. [More…]
So, out of a sense of fairness and out of a sense of justice, I say that an amendment such as that proposed would deprive these schools of some small amount of assistance which could be given under discretion, and the amendment ought to be rejected. [More…]
In anybody’s language that is a move towards providing great social justice. [More…]
Mr Justice Williams has agreed to chair the commission. [More…]
Subsequently, I requested the Chairman of the Joint Committee, Mr Justice J. T. Ludeke, to undertake the preparation of a report on guidelines and possible options for the rationalisation of re tau pharmacies. [More…]
I preface it by quoting from Mr Justice Ludeke ‘s report of the inquiry on medical fees which was tabled yesterday. [More…]
On page 13 of the report Mr Justice Ludeke refers to the fact that to come to a conclusion on medical fees it was necessary that they should be examined by reference to changes in the medical benefits scheme which have an effect on the income of medical practitioners outside the area of adjustment of fees, where there has been a change which leads to an increase in incomes and where there has been no proportionate change in work loads. [More…]
Mr Justice Ludeke then goes on [More…]
-I think that even Mr Justice Ludeke appreciated the great difficulty that would confront the Department in trying to achieve the profile that the honourable member for Prospect was seeking in relation to the changed arrangements in universal health insurance in this country since the introduction of Medibank. [More…]
I think the House ought to know that Mr Justice Ludeke ‘s determination has resulted in an increase in doctors ‘ incomes of 3.8 per cent for the year 1978. [More…]
This year Mr Justice Ludeke determined an average increase of 7.3 per cent, which excludes any increase for pathology fees. [More…]
I think Mr Justice Williams is responsible for this investigation. [More…]
The Labor Government in August 1974 appointed Mr Justice Hope of the Supreme Court of New South Wales as the royal commissioner to conduct this inquiry. [More…]
However, the abridged findings and recommendations which were tabled in the House demonstrate that Mr Justice Hope has fulfilled his terms of reference thoroughly and imaginatively. [More…]
No doubt Mr Justice Hope went into the matter with his usual diligence. [More…]
But there could be no more important matter from Australia’s point of view than that we have the type of intelligence assessment that Mr Justice Hope envisaged, for the elementary reason that if this country is to survive in the present day climate it has to make efficient and effective use of its resources, and it is in the interests of the Australian people that they be so utilised. [More…]
Mr Justice Hope, in the brief extracts which we have seen from his no doubt voluminous report, correctly divided the intelligence cycle into four sections- direction, collection, processing and dissemination- and I hope that the honourable member for Kingsford-Smith has noted that definition of intelligence ‘. [More…]
Mr Justice Hope undoubtedly was correct when he criticised our past assessment arrangements as being too much under the influence of the Department of Defence and the Department of Foreign Affairs. [More…]
This is not quite in accordance with the recommendations of Mr Justice Hope. [More…]
I do not disagree with that, but I draw attention to this as an area where the recommendations of Mr Justice Hope have not been followed. [More…]
As Mr Justice Hope put it, ‘assessment calls for a quality of refined judgment on a mass of material about international matters very little of which is clear fact’. [More…]
This is in accordance with the recommendation of Mr Justice Hope who said in his report: [More…]
Mr Justice Hope in his report stated: [More…]
First, and by far the most helpful, are the abridged findings and recommendations of Mr Justice Hope as part of his third report of the Royal Commission on Intelligence and Security. [More…]
I thought the Leader of the Opposition (Mr E. G. Whitlam) leant over backwards to be far too fair in his assessment of the Government’s response to Mr Justice Hope’s findings and recommendations. [More…]
Our best starting point in relation to the security interest in this country is one of the statements made by Mr Justice Hope in which he talked about Australia’s national security interests. [More…]
I commend to honourable members the statement which appears in paragraph 40 of Mr Justice Hope ‘s abridged report which we have before us. [More…]
The honourable member for Isaacs quoted from the report of Mr Justice Hope, without attribution, the words of Professor Trevor Roper. [More…]
While the Bill attracts no opposition from the Labor Party in this House, to my mind it is somewhat less than adequate in giving effect to Mr Justice Hope’s recommendations. [More…]
Mr Justice Hope made no recommendation for the establishment of an agency which had to report to two boards. [More…]
In the statement that he made on S May he said that there were variations in the decisions reached by the Government and the recommendations of Mr Justice Hope. [More…]
But one does not have to look too far to see that Mr Justice Hope’s report is a very strong critique of the role played in the intelligence community in Australia over the last couple of decades by the Joint Intelligence Organisation. [More…]
That seems to me to overlook completely the conclusion reached by Mr Justice Hope, namely, that there must be an integrated approach to the intelligence assessment function. [More…]
The Prime Minister was at great pains in both of his statements- that of 5 May which was made when he tabled Mr Justice Hope’s abridged report, and his second reading speech when introducing this Bill- to talk about the independence of the Office of National Assessments. [More…]
I conclude by paying respect to Mr Justice Hope for his very worthwhile report. [More…]
To the extent that Mr Justice Hope was able to bring fresh light to bear on an area that has remained too grey, an area about which too many members of this Parliament have had to learn from informed leaks in newspapers, he is to be commended. [More…]
I think Mr Justice Hope summed it up very well and somewhat brutally when he said: [More…]
I imagine that they have, and that they are doing their homework much better now than they did when Mr Justice Hope wrote those remarks. [More…]
Mr Justice Hope said that it would be naive to imagine that overseas governments, no matter whether they are our close allies or represent governments with which we deal either in the trade area or diplomatically, will tell us all the information. [More…]
Mr Justice Hope, in the report of the Royal Commission on Intelligence and Security, said: [More…]
I am certain that Mr Justice Hope’s recommendations are aimed at attaining the introduction of a non-political approach in respect of the assessment of intelligence material. [More…]
Before resuming my seat, I commend Mr Justice Hope on his able effort in producing the report which is the basis of this Bill, which I support. [More…]
Mr Justice Hope’s Royal Commission report and the second reading speech of the Prime Minister (Mr Malcolm Fraser) did not envisage any such posts of director. [More…]
In that report Mr Justice Ludeke referred to a September quarter projected consumer price index increase of 3.25 per cent. [More…]
by leave- I wish to inform the House that the Government has decided to appoint Mr Justice Fox as Ambassador-at-Large for a period of 12 months. [More…]
Mr Justice Fox’s primary role will be to represent Australia overseas in international endeavours to secure a strengthened nuclear non-proliferation regime. [More…]
Mr Justice Fox was the Presiding Commissioner of the Ranger Uranium Environmental Inquiry established by the previous Administration. [More…]
After the Inquiry completed its final report in May 1977, Mr Justice Fox, on my request, pursued inquiries overseas relating to nuclear non-proliferation and safeguards. [More…]
I regard Mr Justice Fox’s advice as important in enabling the Government to pursue the most effective policy against the spread of nuclear weapons which is a matter of great international concern and the most effective arrangements to remove the international instability associated with the spread of sensitive nuclear technology. [More…]
Mr Justice Fox as Ambassador At Large will be leading the Australian delegation to the opening meeting in Washington on 1 9 and 20 October of the International Fuel Cycle Evaluation. [More…]
Mr Justice Fox’s leadership will ensure that Australia will contribute to the International Fuel Cycle Evaluation to the maximum extent that its international position and technical expertise in nuclear matters will permit. [More…]
Mr Justice Fox, with his background and experience in this field- so well demonstrated by the breadth and quality of the reports of the Ranger Uranium Environmental Inquiry- has indicated that he is prepared to accept this task, a task which is most important for Australia and I venture to say for the wider international community. [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…]
Australian Industrial Court to be DirectorGeneral of Security; Sir Owen Dixon, then a Justice of the High Court, to be Australian Minister to the United States, and Sir John Latham while Chief Justice of the High Court, to be Australian Minister to Japan, the Government proposes to introduce legislation similar to that introduced on those other occasions to enable Mr Justice Fox to retain his judicial status and the rights which attach to that status while AmbassadoratLarge. [More…]
The Government also proposes to introduce legislation to increase the number of Judges of the Australian Capital Territory Supreme Court from three to four to allow the Court to operate as necessary at its present strength during the period of Mr Justice Fox’s appointment as Ambassador-at-Large. [More…]
There could be no Australian with a greater capacity, and now experience, to represent Australia and put Australia’s case at such international conferences than Mr Justice Fox. [More…]
We are now informed that appropriate statutory arrangements will be made- as were made for Chief Justice Latham and Mr Justice Dixon, and which are still being made for Mr Justice Woodward. [More…]
One might draw something of a comparison with Mr Justice Else-Mitchell. [More…]
It is regrettable that his Honour Mr Justice Fox is to resign as Chief Judge of the Supreme Court of the Australian Capital Territory. [More…]
The appointment of Mr Justice Fox is now public and regular. [More…]
Australia could not be better represented at these important international meetings than by Mr Justice Fox, who, I believe, already has secured the respect, indeed the admiration, of all sections of the Australian community and of many people overseas for the way that he conducted the Ranger Uranium Environmental Inquiry. [More…]
I know that Mr Justice Fox will serve Australia truly and honestly, as he always has, and I believe that he will make a significant contribution in this area. [More…]
From the safe distance of New York the Foreign Minister has spoken sanctimoniously about Australia’s unbending commitment to justice in southern Africa. [More…]
Their attitudes are as damaging to Australia as they are in violation of universally accepted standards of justice and human dignity. [More…]
I congratulate the Prime Minister on his decision which was announced tonight to appoint His Honour Mr Justice Fox to be the AmbassadoratLarge. [More…]
Yesterday, when we were discussing the tabling of Mr Justice Ludeke’s report on medical fees, I said, after discussing all the difficulties involved in deciding what reasonable medical fees ought to be: [More…]
The important point in the answer is the one we find difficulty in dealing with and hopefully Mr Justice Ludeke got some information from the Commonwealth Department ofHealth. [More…]
At that time I did not know what was in the report by Mr Justice Ludeke. [More…]
In paragraph 22, in discussing the sorts of things which ought to be taken into account in deciding by what margin medical fees should be increased, Mr Justice Ludeke said, amongst other things: [More…]
Mr Justice Ludeke concluded: [More…]
Mr Justice Ludeke had to make decisions costing the Australian public, via the funds, private contributions and Medibank taxation, $67m. [More…]
Another interesting point arose from Mr Justice Ludeke ‘s statement. [More…]
Indexation, when it existed under the Whitlam Administration- the indexation that this Government promised to abide by- provided justice for all wage and salary earners. [More…]
It is unfair to cast aspersions on electoral justice or decisions made as to what ought to be the tolerances. [More…]
As part of the continuing consideration of the report on repatriation by Mr Justice Toose, I believe that it is necessary to consider the introduction of new legislation to review the appeals system at present in use. [More…]
The Government’s emasculated version of Labor’s Aboriginal Land Rights (Northern Territory) Bill 1975 is far short of what Mr Justice A. E. Woodward envisaged. [More…]
Cabinet decided that written proposals for alternative uses for the land- proposals which conflict with the Aboriginal claims- should be presented to the Land Rights Commissioner, Mr Justice Toohey. [More…]
Mr Justice Fox reported that the development of mining would have a profound impact on traditional Aboriginal societies, particularly during the construction phase. [More…]
This is surely simple justice and must receive the approval of us all. [More…]
The Leader of the Opposition also spoke in regard to the Borroloola land claim now before His Honour Mr Justice Toohey, the first Aboriginal Land Commissioner. [More…]
I believe that the Tribunal headed by Mr Justice W. Campbell, a distinguished law practitioner from Queensland, has made an error. [More…]
I can understand public servants wanting to retain that relativity but at the same time in order to do justice to the judges of this country it was necessary to break that nexus, and the nexus has been well and truly broken in the last 12 to 18 months and particularly in relation to the setting up of the Federal Court. [More…]
For instance, at the time of his appointment he was a judge of the Supreme Court of New South Wales he was receiving a higher salary than in fact he received when he became a justice of the Federal Court. [More…]
I do not have the precise figures in front of me, but the fact is that the Chief Justice of Queensland still receives more than the Chief Justice of the High Court of Australia. [More…]
That is a very high salary having regard to the fact that the Chief Justice of the High Court is now receiving something in the $55,000 bracket. [More…]
I reaffirm that not only is it a benefit to those on the Bench but also it is a great benefit to Australians in the administration of justice. [More…]
Commends the governments of the Federal Republic of Germany and the State of Israel for their principled and necessary actions in rescuing innocent passengers and crew in recent aircraft hijacking and urges all governments to give full support to efforts to protect the lives of hostages and to bring hijackers to justice. [More…]
I would hope that this is a time when leaders of the trade unions directly involved and the Australian Council of Trade Unions would use their own best judgment to protect the arbitration procedures of this country; to protect the Commonwealth Conciliation and Arbitration Commission which does stand as the third and impartial umpire in relation to these matters and which is capable of making a judgment between employers and employees in a way that is fair and protects justice and the national interest- the public interest. [More…]
The community service work of Mr Smith as a justice of the peace and as a member of the Brighton Rotary Club will be detrimentally affected by this omission. [More…]
At recent sessions of the United Nations General Assembly Australia has urged that a widely supported convention be drawn up to protect third parties and to bring hijackers to justice. [More…]
Of course a very significant part of the fuel cycle evaluation program, in which Australia will be participating very actively under the leadership and guidance of Mr Justice Fox, is designed to achieve that very purpose. [More…]
I believe it was completely uncalled for that the honourable member for Corio should suggest that in some way the Prime Minister, when he was Minister for Education, did less than justice to the school children of Australia and to the parents of those children. [More…]
Kevin Compton Gale of Gollin and Co. Ltd, the son-in-law of Mr Justice Dunphy. [More…]
Being at the end of the line in regard to the handing on of costs- the buck passing stops at the tractor seatfarmers have the absolute argument in justice and in fact for some assistance, particularly assistance which is a two-way flow in that there is increased production, increased income and increased taxation to pay for the subsidy given. [More…]
This matter is one of justice by the community to a section of primary industry, namely sugar, grain growing, fruit, dairying and tobacco which do not use, or have limited use for, superphosphate and in which because of their soil structures and climatic conditions legumes are unable to contribute to a build up of nitrogen which is the most essential plant nutrient. [More…]
From moving around my electorate in the north-west of Tasmania and King Island, and from speaking with farmers on their properties and at the sale yards, I have found that most farmers realise that their only hope of getting true economic justice at this dme is to give continuing support to the present Government. [More…]
These provisions are based on the recommendations of the Royal Commission under the chairmanship of Mr Justice Sweeney into Alleged Payments to Maritime Unions conducted during the office of the previous government. [More…]
Here on behalf of all members of the House I pay tribute to the courage and integrity of Mr Justice Ludeke, Mr Deputy President Isaac and Mr Commissioner Vosti of the Conciliation and Arbitration Commission in the recent Full Bench decision. [More…]
Is he prepared to defend the integrity and dignity of his own Full Bench comprising Mr Justice Ludeke, Mr Justice Isaac and Commissioner Vosti? [More…]
-Has the Prime Minister seen reports of the hearing of the New South Wales Royal Commission into Drug Trafficking yesterday which indicated that the Royal Commissioner, Mr Justice Woodward, was not receiving any co-operation from Commonwealth agencies which would assist that Commission’s inquiry into the problems of drug trafficking? [More…]
The men have justice on their side. [More…]
I hope that the men will not be deceived or betrayed into agreeing to a settlement that will cause them to lose their present advantage and to lose the justice of their claim. [More…]
The maintenance men in the Latrobe Valley have justice on their side and they should not surrender until they win. [More…]
The right of the individual must be protected; so also must be the right of the decent trade union which tries to secure justice and equity for its members by negotiation, thus preserving industrial peace. [More…]
If laws are believed to be necessary for the maintenance of industrial peace and justice, they are embodied in the permanent legislation. [More…]
Laws should reflect the greatest good for the greatest, number and be tempered with justice. [More…]
They say that somehow or other the Latrobe Valley situation is one which everybody should have agreed was one of justice, that it was done properly through the arbitration process and that it was another exercise of the Government not giving in to legitimate union demands but indulging in union bashing. [More…]
It shows the justice of the claims in the Latrobe Valley at present. [More…]
Like the honourable member for Murray I believe that the amendments giving conscientious objectors fuller rights is sound and represents justice. [More…]
I ask members of the Liberal Party and members of the National Country Party to consider this point: Thousands of men and women- I mention the women because the men have to be backed by their women- do not go out on strike for nine weeks over an issue in which there is no justice. [More…]
There is justice in their claim. [More…]
Mr Justice Northrop reported to me early in 1976. [More…]
Mr Justice Northrop ‘s report indicated that whilst all of the organisations and parties who made submissions to him agreed that the existing arrangements should not be allowed to continue, there was a sharp division between those who proposed that the Government should take a more direct role in the industry and those who believed the Government should seek to withdraw from its already limited regulatory role to enable the parties in the industry to assume more responsibility. [More…]
Late last year, at my invitation Mr Justice Robinson of the Conciliation and Arbitration Commission brought the industry parties into conference to consider ways of meeting this problem. [More…]
Other major problems identified by Mr Justice Northrop were referred to the National Stevedoring Industry Conference which was convened under the chairmanship of Sir Richard Kirby in December last. [More…]
Improved Industrial Relations: Mr Justice Robinson and Commissioner Neil of the Conciliation and Arbitration Commission were involved with the National Stevedoring Industry Conference in considering ways of bringing about improvements in industrial relations in this industry. [More…]
Mr Justice Robinson has since held a series of conferences with the parties and agreement has now been reached in respect of persons nominated as port conciliators. [More…]
This Bill was foreshadowed in the statement to Parliament by the Prime Minister (Mr Malcolm Fraser) on 6 October when he announced the Government’s decision to appoint Mr Justice Fox as Ambassador-at-Large, to represent Australia overseas in international endeavours to secure a strengthened nuclear non-proliferation regime. [More…]
In announcing that decision, the Prime Minister mentioned that the Government would be introducing legislation to enable Mr Justice Fox to retain his judicial status and the rights which attach to that status while he is AmbassadoratLarge. [More…]
Mr Justice Fox is at present the Chief Judge of the Supreme Court of the Australian Capital Territory and he is also a Judge of the Federal Court of Australia. [More…]
This is in line with the legislative action that was taken to remove any doubts that the diplomatic appointments of Sir John Latham and Sir Owen Dixon in 1940 and 1942 respectively, and the appointment last year of Mr Justice Woodward as Director-General of the Australian Security Intelligence Organisation, may have had on their judicial offices. [More…]
The Bill provides that while Mr Justice Fox is holding his appointment as Ambassador-at-Large he will retain his entitlements to remuneration and annual allowance that he would have had as Chief Judge of the Supreme Court of the Australian Capital Territory. [More…]
When Mr Justice Fox’s appointment as Ambassador-at-Large comes to an end he will retain his position as a Judge of the Federal Court of Australia and he will be entitled to remuneration and annual allowance on that basis. [More…]
It remains only for me to endorse what the Prime Minister has already said about the importance which the Government attaches to Mr Justice Fox’s proposed appointment as AmbassadoratLarge and to His Honour’s pre-eminent qualifications for the task. [More…]
It may be that we will have to review the conditions that apply and make them more generous so that they give justice to those who have assumed responsibility of local ownership and at the same time encourage those who are hesitant about adoption of the policy to take the step. [More…]
The Prime Minister promised to ‘introduce land rights legislation based on justice for all’. [More…]
It seems to me that the commitment to legislation of an on-going program for equity for the pensioners of this nation is recognised by the pensioners who have benefited from the Government’s thoughtfulness and the justice in its program. [More…]
-The fundamental principles of natural justice are indeed one of the most vital cornerstones of any society which operates under a system of parliamentary democracy and the rule of law. [More…]
Very recently, the High Court of Australia reaffirmed that the principles of natural justice are applicable to administrative tribunals and not in fact restricted to the courts of the land. [More…]
Recently, in Tasmania, we have seen an injustice very similar to that described earlier this evening by the honourable member for Hindmarsh (Mr Clyde Cameron) in a situation where two young, dedicated, hard-working trade union leaders have been persecuted, convicted and crucified by the Tasmanian Labor Party. [More…]
I am amazed to hear the honourable member for Port Adelaide (Mr Young) tonight try to justify the decision of his party and the travesty of justice it committed against Senator Harradine who was expelled from his party on perjured evidence and the established lies of paid informers. [More…]
I have a brief for the principles of natural justice in this country. [More…]
To wrap it up in a speech of tribute to Cardinal Gilroy, with the greatest of respect, did less than justice to what the honourable member ought to have said about the late and great Cardinal Gilroy. [More…]
As my very good friend, the Leader of the Opposition in the Victorian Upper House, is wont to put it, for the administration of justice poverty is a crime and wealth is a virtue. [More…]
This is an anomaly, I suggest, in the law which must certainly be looked Unto if justice is to be carried out. [More…]
Has the Prime Minister seen reports criticising Mr Justice Hope’s recommendations that the Australian Security Intelligence Organisation be given wide powers to protect Australia’s security? [More…]
I am concerned that such reports have already been issued because I believe that Mr Justice Hope went into these matters with a great deal of care and a greaf deal of concern for the civil liberties of Australians, as one would expect, and I would believe that was one of the reasons the Leader of the Opposition, in his time, in government appointed Mr Justice Hope to examine Australia’s security intelligence services- not just ASIO but the Australian Secret Intelligence Service and the Defence Signals Division. [More…]
It needs to be emphasised that in the fourth report concerning ASIO Mr Justice Hope’s basic finding was that Australia needs and should have a security intelligence service to investigate and provide intelligence about threats to the internal security of the nation. [More…]
Mr Hawke apparently is one of those naive Australians that Mr Justice Hope tried to warn by saying: [More…]
Mr Justice Hope in his report on this area of subversion said: … the two main communist parties, the Communist Party of Australia and the Socialist Party of Australia, have strong influence in some unions. [More…]
We praise and thank Mr Justice Hope for his great concern to strike a proper balance between the need to respond decisively to threat to Australia’s security and to preserve individual freedom. [More…]
I was gratified to see, as I understand it, that the Leader of the Opposition has been reported as having defended Mr Justice Hope’s report. [More…]
One was appointing Mr Justice Hope to undertake this inquiry. [More…]
The second was appointing Mr Justice Woodward to head ASIO. [More…]
Injustice anywhere is a threat to justice everywhere. [More…]
We cannot ignore what is happening in Queensland because, as Martin Luther King spelt out to us, injustice anywhere is a threat to justice everywhere. [More…]
Legal aid denied is justice denied, and there is no opportunity to correct it later. [More…]
I am not sure whether the number of officers in those branches is sufficient at this stage to do justice to the requirements now made of the service. [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…]
Recently the Prime Minister (Mr Malcolm Fraser) announced the appointment of Mr Justice Fox as an ambassador at large. [More…]
He went on to say that the problem had been brought about by a combination of factors, one in particular being that the Chief Judge of the Supreme Court, Mr Justice Fox, had been acting for a considerable period in the Ranger inquiry. [More…]
It was stated by the Prime Minister, who issued the Press release about Mr Justice Fox, that two new judges would be appointed in the Australian Capital Territory. [More…]
The Attorney-General said that one of the existing judges, Mr Justice Joske, would postpone his retirement for three months and that it would take time to find a replacement for Mr Justice Fox. [More…]
The Bill appointing Mr Justice Fox as ambassador makes provision for preserving his status, whether he resigns or not. [More…]
There is no doubt in my mind that while the Family Law Act remains in its present form with all the imperfections that can occur in the adrninistration of justice, some very tragic miscarriages of justice are likely to occur simply because of the way in which the Act was ultimately passed and because of the lack of consideration of some of the points that were made in the debate on the legislation when it was before Parliament. [More…]
-This Bill relates to His Honour Mr Justice Fox who has been appointed AmbassadoratLarge to assist the nation in respect of matters relating to nuclear energy and the proliferation of nuclear problems. [More…]
Justice Fox. [More…]
Mr Justice Fox is of eminent background and well fitted to carry out those tasks. [More…]
His Honour Mr Justice Connor is likely to have a breakdown, in our opinion, unless he gets some help. [More…]
His Honour Mr Justice Blackburn has a year’s leave due to him, and he is taking that leave. [More…]
It is a disappointment to the people in the Australian Capital Territory to think that this matter was not considered on that basis when the appointment of Mr Justice Fox was announced. [More…]
Furthermore, the establishment of port conciliators to deal with the disputes on the job as they arise seems, to be a decided improvement and, indeed, has been adopted on the recommendation of Mr Justice Robinson and Commissioner Neil of the Conciliation and Arbitration Commission. [More…]
When it came into office the Government had before it the report presented by Mr Justice Northrop. [More…]
Mr Justice Northrop, as he subsequently became, reported to the Government in early 1976. [More…]
The first step in the industry being restructured by the Government was to ask Mr Justice Robinson of the Conciliation and Arbitration Commission to bring the parties in the industry together in conference to consider ways of overcoming the problem of surplus labour. [More…]
The first was to give common justice to men who had worked a lifetime in the industry. [More…]
The inquiry dragged on until Mr Justice Kirby finally released the final report on 5 April 1977. [More…]
That Authority, albeit a government run authority, worked with some success and brought stability to the waterfront up until 1967-68, when an inquiry headed by Mr Justice Woodward recommended that significant changes be made to the conditions of employment of waterside workers. [More…]
That report was taken up at a later stage by an inquiry headed by Mr Justice Kirby, during this Government’s period in office, which finally reported in April 1977. [More…]
I also remind honourable gentlemen opposite that it was achieved not only as a result of the recommendations of Mr Justice Kirby and Mr Northrop, Q.C., now Mr Justice Northrop, that there should be direct negotiation and direct consultation between employers and employees; it was also accepted unanimously by the Waterside Workers Federation to work in a private enterprise situation. [More…]
But there again if we were to take the honourable member for Wilmot seriously, as Tasmania is to the south of the continent- it is separated by water from the mainland- following his reasonable line of thinking and trying to do him justice he would have to say that that scheme should not operate. [More…]
As Mr Justice Mansfield said, it is the right of any section in the community to so arrange their affairs that they pay the least taxation possible. [More…]
Rather than expend the Minister for Overseas Trade on the barricades so erected, the special Minister can apply himself, persistently, to the task of finding the chinks m the EEC armour so that eventually reason and justice may prevail. [More…]
The resident Judges of the Australian Capital Territory Supreme Court are the Chief Judge, Mr Justice Fox, Mr Justice Blackburn and Mr Justice Connor. [More…]
The intention of Mr Justice Fox to resign from the Court has already been announced (Hansard, 6 October 1977, page 177S) and it is anticipated that the person appointed to fill the vacancy thus created will then be available for full time service to the Court. [More…]
Mr Justice Blackburn is presently on sabbatical leave and is expected to resume judicial duty on 12 December. [More…]
Mr Justice Connor is presently committed to sit on the Full Court of the Federal Court of Australia to hear appeals from the Australian Capital Territory Supreme Court and on the Courts-Martial Appeal Tribunal for a total period of eight days. [More…]
Nobody ever doubted the justice of the case. [More…]
I believe that this action will be hailed throughout the Australian community as a measure of social justice. [More…]
Does he recall that Mr Justice Ludeke, in his recently concluded inquiry into doctors’ fees, assumed a 3.2S per cent increase in the consumer price index for the September quarter and based his findings, in part, on this assumption? [More…]
When will the Minister therefore ask Mr Justice Ludeke to re-open the inquiry and save Treasury and the contributors to private health funds a significant proportion of the $65m increase recently wrongly awarded to the medical profession? [More…]
-The figures used by Mr Justice Ludeke were only indicative figures, as indeed they only could be when the inquiry was being held. [More…]
If there is any over-estimate on the part of Mr Justice Ludeke, these over-estimates will be taken into account in the inquiry that will take place next year for the setting of fees for 1979. [More…]
Both the Government and the Australian Medical Association agreed that they would abide by the determination of Mr Justice Ludeke with respect to medical fees. [More…]
It ought to be noted that since this minute was drafted by the Department of Foreign Affairs as a record of discussion, there have been many discussions between Mr Justice Fox and experts overseas about these matters and I know he has put views forthrightly and constructively, seeking a better and an eversafer international environment. [More…]
The implications for Australia’s policy on uranium production and nuclear safeguards of the views of Mr Justice Fox released yesterday. [More…]
The one that Mr Justice Fox is speaking of is the most vital. [More…]
Mr Justice Fox describes what has happened and suggests a positive policy. [More…]
I speak now of President Carter’s policy to which Mr Justice Fox directed his first remarks. [More…]
That policy, which Mr Justice Fox said was now becoming ambiguous, had two main points: Firstly, the prohibition of the processing of the nuclear fuel from reactors and, secondly, the suspension of the program for what is known as fast breeders or power breeders which make more fuel than they consume. [More…]
There is no doubt, as Mr Justice Fox has said in the conference which has been reported, that other countries are resentful of what the United States is doing and they think that this is spragging their own nuclear development and doing them harm. [More…]
I know- this report of Mr Justice Fox makes it very plain- that no system is or can be watertight in regard to nuclear material. [More…]
It is in that regard that the positive contributions of Mr Justice Fox, as outlined in this report now before us, are most important. [More…]
I think in a way it is fortunate that the report has now been leaked- the circumstances of its leaking are reprehensible enoughbecause these rather sound views of Mr Justice Fox will now be able to be considered by this House. [More…]
This Government has never denied, because it is in the report of the inquiry, that the Ranger inquiry chaired by Mr Justice Fox concluded that there are defects in the existing safeguards arrangements. [More…]
What is the point of conclusion of the document recording Mr Justice Fox’s views? [More…]
It was left to an honourable member on the Government side to ask the Prime Minister a question and, as the Deputy Leader of the Opposition knows, he was able to indicate that ten days ago, long before the Deputy Leader of the Opposition became the recipient of stolen property, that Mr Justice Fox had written to the Government indicating that he found himself in almost complete harmony with United States officials. [More…]
That document dealt with a three hour discussion between senior government officials and Mr Justice Fox. [More…]
When talking to officials, Mr Justice Fox said that in the United States he had found the Carter non-proliferation policy to be ambiguous and uncertain and that there were widely divergent views within the administration. [More…]
The report also states that Mr Justice Fox said there was concern about the ability of the International Atomic Energy Agency to administer the safeguards satisfactorily. [More…]
The implications for Australia’s policy on uranium production and nuclear safeguards of the views of Mr Justice Fox released yesterday. [More…]
The Minister makes the point that we have to be sure that justice not only is done but appears to be done. [More…]
In the performance of its functions under this Part, the Tribunal shall act fairly and impartially and shall observe the rules of natural justice. [More…]
1 find it hard to believe that if one is to set up a tribunal one is going to presume that it will not act fairly and impartially and will not observe whatever are supposed to be the rules of natural justice. [More…]
I would have thought that the words ‘fairly’ and ‘impartially’ at least had connotations of the rules of natural justice. [More…]
My mind sometimes boggles a bit when I find written into statutes what are called the rules of natural justice? [More…]
When the Minister is speaking on the amendment he might like to indicate what are the rules of natural justice. [More…]
Why is it not in the clause with which we are now dealing if the Government thinks that it is necessary that, in the performance of aU its functions, the Tribunal shall act fairly and impartially and shall observe the rules of natural justice, whatever they may be? [More…]
When we come to clause 181 shall be moving an amendment As to the question of debating what, is natural justice, may I defer that to a more appropriate time? [More…]
Somebody once said that justice should not only be done but should be seen to be done. [More…]
The Opposition finds the Commission a most valuable group of people under the chairmanship of His Honour Mr Justice Else-Mitchell, a first class judicial appointment, who with his expertise is dedicated to the cause of a Commission such as this giving independent advice. [More…]
The present situation is that, as a result of the unfortunate death on 30 March 1977 of Mr L. E. Whalan and the resignations of Mr D. V. Moye and Mr P. G. Collins, the present Grants Commission as constituted comprises the Chairman, Mr Justice Else-Mitchell, part-time members Mr W. R. Lane and Professor R. L. Matthews, and a full-time member, Mr W. J. Heron, who is appointed for five years from 22 September 1975. [More…]
Does the Government intend to adopt the recommendation of Mr Justice Toose to define ‘suffering from pulmonary tuberculosis’ in the Act. [More…]
-I refer the Prime Minister to the claim made in the parliamentary debate yesterday by the Minister for Foreign Affairs that the brief held by Mr Justice Fox, which I made public, corroborated the Government’s policy. [More…]
If so, does the Government share Mr Justice Fox’s belief that the non-proliferation policy of President Carter and the Carter Administration would not succeed and was resented by Japan, major western European countries and many Third World states? [More…]
I said that Mr Justice Fox had given me approval to quote one sentence from a letter which he had written to me. [More…]
Yesterday, in answer to a question from my colleague the honourable member for Prospect, the Minister for Health admitted that Mr Justice Ludeke had granted to the medical profession an award greater than that which was justified by the consumer price index increase and that he did not propose to appeal against it. [More…]
Yesterday the Prime Minister was giving an answer to the honourable member for Ryan (Mr Moore) in which he .quoted a letter from Mr Justice Fox in these terms: [More…]
I personally, and I believe this Government, have a vision of an Australia where social justice shall prevail and the needs of all underprivileged members of our community will sympathetically and effectively be cared for. [More…]
I believe that it can be fairly said that the present Federal Liberal-National Country Party Government has done more to bring social justice to the Australian community than any preceding government. [More…]
If the electors of the division of Wills exercise justice and retire me instead of exercising mercy, I will go out on a pension equivalent to three-quarters of our salary; that is, about $18,000. [More…]
Over a lifetime the honourable member for Mackellar (Mr Wentworth) has fought to ensure that an injustice would be corrected. [More…]
In the twilight of his days in the House of Representatives he has had the opportunity to compliment the Government on implementing this notable reform in the area of social justice. [More…]
The Prime Minister (Mr Malcolm Fraser), a man of compassion and concern for the underprivileged, is on record on many occasions advancing the proposition that, in justice, lone fathers should have the same entitlement as lone mothers. [More…]
We of the National Country Party are delighted that the Government has seen fit to spread the umbrella of social justice to include people who have been discriminated against. [More…]
What was an idea in the mind of one person originally has been taken, hammered and chiselled into shape so that in the final analysis justice will be done a most deserving sector of the community. [More…]
Remember that he established the Karmel Committee that guaranteed that there would be a Schools Commission and that justice perhaps could appear to be done. [More…]
I want to make it abundantly clear to this House and to the nation as a whole that the Government is determined to do everything possible in this field to reduce the menace of the drug problem in Australia and particularly to bring to justice those people who are trading off the health of other people, those people who are trafficking in drugs and as a result destroying the lives of many Australians. [More…]
This Government is superficially concerned with environmental and human justice issues. [More…]
I will be going out into electorates to try to entice the people to see otherwise than do honourable members opposite and to encourage them to return people who represent the forces of progress and justice as do members on my side of the House. [More…]
You, Mr Speaker, did yourself less than justice when you said last night that I had administered a father of a hiding to you in an election in which we were opponents. [More…]
But to categorise that as being some kind of selective fiddle for the benefit of the Prime Minister (Mr Malcolm Fraser) and other people in the community is, I think, doing less than justice to the office which the honourable gentleman now occupies. [More…]
Until 11 November 1975 a majority of our people always believed that social justice and reform could be won by constitutional means per medium of the Parliament. [More…]
I am beginning to doubt now that it is possible to bring about social justice and reform through the institution of Parliament. [More…]
I know that he will perform his task with a very great sense of fairness and justice. [More…]
So any party in Australia that departs from giving a fair go, from making a fair distribution of resources in Australia, whether it be under doctrines of socialism or whether it be under doctrines of social justice, will be rejected and it certainly deserves and ought to be rejected. [More…]
So a Labor Party, whether it is based upon a sense of socialism or social justice, has to live with its past. [More…]
As a matter of justice to the Australian electorate, that past should not be allowed to be forgotten. [More…]
I could indicate that Mr Justice Murphy is one such person who receives, as I understand it, a full High Court salary and a parliamentary pension. [More…]
The basis of the pension is that, however long or short a time the Governor may have held his office, on retirement he has the same pension as the Chief Justice of Australia has on retirement. [More…]
This Government even failed to provide Mr Justice Ludeke last year with figures freely available on increased doctors’ incomes to argue against increased medical charges. [More…]
This was never put to Mr Justice Ludeke. [More…]
In what way has the Government protected and enhanced the rights of migrants to equal opportunity, equal education and equal access to social justice? [More…]
1 point to the report of Mr Acting Justice White in South Australia. [More…]
His Honour Mr Justice White- or, as those who seek to denigrate him refer to him, Mr Acting [More…]
Justice White- states about those records that about half of the judges of the Supreme Court were included; all Australian Labor Party parliamentarians were included; very few Liberal Party or National Country Party parliamentarians were on record; no heads of government departments were on record. [More…]
I cannot follow that sort of reasoning, nor could His Honour Mr Justice White. [More…]
The Government has considered and accepted the basic conclusions of the report by Mr Justice Hope on intelligence and security and is acting to ensure his conclusions are put into effect. [More…]
Premier of New South Wales has agreed to make Mr Justice Hope available to carry out this review, and I thank him for his prompt cooperation. [More…]
I think that honourable gentlemen will all know of the work that Mr Justice Hope has done previously on behalf of the Commonwealth. [More…]
The Government, however, concluded that a review conducted by Mr Justice Hope would be the most effective and appropriate way to proceed, and that the terms of the review embrace the very proper concerns of the Leader of the Opposition. [More…]
Mr Justice Hope will be empowered to undertake a fully comprehensive review. [More…]
These are the broad areas which Mr Justice Hope will examine. [More…]
The introduction of any legislation as a result of Mr Justice Hope’s review will present the opportunity for parliamentary examination of the relevant issues as, of course, will the debate on this statement. [More…]
That will be a preliminary step by departments and by Ministers because Mr Justice Hope will be reviewing whatever measures departments entertain at the present time. [More…]
The review to be undertaken by Mr Justice Hope does not detract in any way from the responsibility of Ministers, permanent heads and their departments. [More…]
I recall in this context the statement in the Rockefeller reports on the Central Intelligence Agency quoted by Mr Justice Hope in his Fourth Report on Intelligence and Security: [More…]
In one part of the statement the Prime Minister referred to Mr Justice Hope and to an inquiry which he will set up. [More…]
I find myself thoroughly disturbed because earlier in the statement he enumerated a number of things which the Government has positively in train, yet later he outlined a number of things into which Mr Justice Hope will inquire. [More…]
For instance, the matters which Mr Justice Hope will consider will include relationships between State, Territorial and Commonwealth police, and between law enforcement agencies, intelligence and other relevant civilian authorities. [More…]
He was not talking about something that is to be considered by Mr Justice Hope; he was talking about a commitment that he has already made. [More…]
So the two strands which I have mentioned come together- the fact that he has made this decision, presumably without consulting the States, and the fact that he has gone on to appoint a commission of inquiry headed by Mr Justice Hope with terms of reference which are completely undermined by the firm conviction that he has already arrived at and the course of action upon which he has already set. [More…]
One of the matters which Mr Justice Hope will be considering will be: [More…]
I cannot understand why he then wants to set up an inquiry under Mr Justice Hope into matters which he obviously expects to have under way and well advanced long before Mr Justice Hope will be able to report. [More…]
One of the later requirements of Mr Justice Hope is: [More…]
On the one hand the Prime Minister is making it quite clear that he has firmly decided upon certain courses of action and, on the other hand, he is proposing that Mr Justice Hope should be charged with the responsibility of whitewashing what the Prime Minister has already decided to set in train. [More…]
I suggest that if the Government wants Mr Justice Hope to hold any inquiry then it should set up an inquiry headed by him to find out just what did happen at the Hilton Hotel on Monday morning of last week, how it happened and who was responsible for the obvious failures in the general nature of security at that hotel. [More…]
It is worrying that while the Prime Minister concludes his statement by proposing an inquiry by Justice Hope, he commences the same statement by making it abundantly clear that the key elements of Justice Hope’s inquiry have in fact already been determined by him. [More…]
I believe that spirit of co-operation will be pursued through the investigations and inquiries that will be conducted by Mr Justice Hope. [More…]
When I spoke to Mr Wran in relation to that he readily agreed with the sentiments that I have expressed in this House: That nobody could conduct that inquiry better or more effectively, with proper purposes in mind, than could Mr Justice Hope himself. [More…]
If justice is where it should be, it must be appreciated that with all the advances and technical improvements that have been made coal miners still have a hazardous existence. [More…]
If it is improper for Sir John Kerr, why is it not improper for Mr Justice Murphy of Australian Security Intelligence Organisation fame? [More…]
What qualification did that give him for a subsequent job or for keeping his parliamentary pension and being paid as a justice of the High Court. [More…]
In 1972 he was appointed Chief Justice of New South Wales. [More…]
Sir John Kerr voluntarily left the position of Chief Justice at the age of 59- the normal retiring age is 70 years- to become GovernorGeneral at the invitation of a former Prime Minister. [More…]
Mr E. G. WHITLAM By the same token, Sir, the Governor-General was given a pension similar to that of the Chief Justice so that he could act without fear or favour because he knew that in retirement he would have an ample pension which would not require him to seek other employment. [More…]
Mr Acting Speaker, let me refer you to the findings not of a party select committee or of any particular party but of Mr Acting Justice White in his initial report on Special Branch Security Records. [More…]
We find that Mr Acting Justice White had this to say in paragraph 16.1.2 of his report: [More…]
My Government is committed to a wide program of social legislation which will help those in need, increase opportunities, and bring about greater social justice. [More…]
Mr Justice Ludeke, whom we appointed recently to the Medical Fees Tribunal, with the cooperation of the AMA sets only the benefits that we would pay for services that the medical profession offers to the public. [More…]
I refer to Justice Elizabeth Evatt. [More…]
What it receives will have to represent wage justice. [More…]
With some assistance from my friend the honourable member for Corio (Mr Scholes), I must say, with regard to honourable members opposite and assessing the remuneration that they should receive, that I am prepared to support the principle of mercy rather than justice where they are concerned. [More…]
I am sure that Mr Justice Bowen will deal with the question of pecuniary interests of members of Parliament. [More…]
The bitterness of the attack, especially in another chamber, since Sir John left the protection of the office of Governor-General, has shown that the Labor Party still blame him, when in logic and in justice, they should be blaming themselves. [More…]
If this is to be a point of principle, it should equally have been applied to appointments such as that of Senator Murphy to the High Court, and Mr Barnard to an ambassadorship or to any aspirant to the International Court of Justice. [More…]
If there are others who believe Sir John’s actions in 1975 to have been proper and necessary, but who now want to pass him by, who want to forget he ever existed and deny him the possibility of service, I can only ask them to ask themselves how much justice, how much fairness there is in that view. [More…]
In the report on motor vehicle safety that the Committee presented in June 1976 it recommended, as had Mr Justice Meares’ Expert Group on Road Safety, the establishing of an independent road safety and standards authority. [More…]
However, such a provision would certainly not meet the requirements of common justice in the case of a person found to be in breach of the legislation who could be subject to six months imprisonment or an updated fine under this legislation of $ 1 ,000. [More…]
So I find some ironic justice in the fact that I have become the next Labor member in Parramatta. [More…]
Isaac Isaacs was the first member for Indi, holding the seat from 1901 until 1906 when he became a justice of the High Court of Australia, and Chief Justice in 1930. [More…]
In justice to the Government, this certainly is one of the aims that the Government has in view. [More…]
The trouble was that Sir John Kerr had also been Chief Justice of New South Wales. [More…]
Is it a fact that Mr Justice Mason of the High Court of Australia recently remarked that the defects and deficiencies of section 260 of the Income Tax Assessment Act had been apparent for a long time and yet the Government has made no move to plug the loopholes? [More…]
If the cost of getting wages to more people means lower real wages to some people, that is in effect a far greater degree of wage justice than ever took place under the Labor Government. [More…]
In justice and equity, this is another argument which supports the Opposition’s stand that the amendment ought to be carried. [More…]
Ultimately, the conflict between departmental convenience and the imperative that justice both be done and be seen to be done became clear. [More…]
The Government has decided that this question should be one of the matters expressly referred to the inquiry on conflicts between public duty and private interest, which is about to be undertaken by His Honour Mr Justice Bowen. [More…]
The Prime Minister is keen to put the proposition that not only should justice be done but also that it should be seen to be done in these matters. [More…]
On that basis it would appear that justice may not have been done. [More…]
We take up the Prime Minister’s statement that not only should justice be done but that it should be seen to be done. [More…]
My electorate is one of the first to feel the chill of a government which puts social justice at the tail end of its priorities- a government whose harsh policies are actually fermenting social disorder, a government which directs its public servants in the welfare area to stick to the letter of the law and to throw compassion and decency to the wind. [More…]
It is not too late for Australia to change her course of action and at the very least to insist that International Red Cross should be admitted into East Timor and that the brutal murderers of the five Australian journalists should be brought to justice for their foul crime. [More…]
When I say ‘insist’, I believe Australia should insist that International Red Cross should be permitted into East Timor and those murderers brought to justice. [More…]
That being so, it was a question of justice being seen to be done as well as being done. [More…]
I think there is justice and propriety in my suggested course of action. [More…]
The Commissioner did nothing for eight years, in effect, while allowing these schemes to proceed- schemes the merit and justice of which are such that the Government has removed the liability for the payment involved as at 2 1 November. [More…]
I deal now with another matter which concerns telephone services, which I have advocated and on which I hope to receive the support of every honourable member in this House when they consider the justice of the claim. [More…]
However, at the end of the same parliamentary session in 1965, the Minister of Justice announced the ‘180 day clause’ Act which authorised ‘protective’ detention of state witnesses and forbade the courts to interfere. [More…]
Within a short time of its introduction, the South African Minister of Justice used the powers granted to him under the Act to order the preventative detention of more than 130 people regarded as critics or offenders of the South African policy. [More…]
The Minister of Justice and Police, Mr James Kruger, has the power to issue banning orders without preferring charges in court and without giving any reasons therefor. [More…]
I believe that the Government should have a look at the matter and give justice to the industry otherwise, as I have mentioned in this short speech, it will go out of existence. [More…]
I have pointed out to the Speaker of this House my concern about the fact that the Australian Security Intelligence Organisationthis is clearly the case from the evidence collected by Mr Acting Justice White- regarded every member of the Australian Labor Party in every parliament of this nation as a potential threat and had collected dossiers on them. [More…]
It finally came to a decision in the interests of the Australian taxpayer that justice not only should be done but also should clearly be seen to be done. [More…]
However, we regard court fees as being somewhat of a tax on justice. [More…]
Legal action is a part of the system of justice, and there should not be a tax on it. [More…]
This strikes at the heart of what we are talking about, that is, should not justice be available to all irrespective of means? [More…]
The reason why that policy decision was adopted apparently was the general position that that party takes, namely, that the courts should be open and available to all, even those who cannot, from their own funds, afford to approach and to use the courts to obtain justice. [More…]
It is a fact that a wide ranging legal aid scheme is operating within Australia under the auspices of the Federal and State governments and a series of private organisations to enable people who do not have their own means to approach and to use the courts to obtain justice for their cause. [More…]
Therefore, we should have the right of control over the highest form of justice in the Territory. [More…]
In our view it is proper that those litigants who can afford it should make some payment towards the general cost of the administration of justice. [More…]
Since the Chief Justice of the High Court has been changed this has not been the case. [More…]
This system has sought to bring justice to all to the extent that there can be no excuse for people thinking that as a moral right they can avoid what they believe to be an unjust tax. [More…]
Before exposing the inadequacies of Mr Justice Hope’s recommendations, let me examine some of the abuses of power as outlined in his report regarding ASIO’s operations. [More…]
In paragraph 116 of volume 1 of the fourth report Mr Justice Hope said in relation to ‘particular principles of propriety, including legality, to which ASIO should have regard in fulfilling its functions’ that ‘material before me establishes that there have been departures by ASIO from these principles’. [More…]
Mr Justice Hope accuses ASIO of acting with impropriety and illegality. [More…]
Indeed, it is particularly damning that Mr Justice Hope should make the startling statement that over many years ASIO has been allowed to operate without guidelines or questions of propriety. [More…]
In the fourth volume of the report Mr Justice Hope went on to say: [More…]
I refer briefly to the report of Mr Acting Justice White into the operations of the South Australian Special Branch of the Police Department which, of course, correctly resulted in the dismissal of the South Australian Commissioner of Police. [More…]
Mr Justice White found that there were a number of irregularities in the South Australian Special Branch. [More…]
Even Mr Justice Hope was constrained to say in his fourth report, volume I, paragraph 90: [More…]
The involvement of any other organ of the State- that is, ASIO and /or the military- should, according to Mr Justice Hope, ‘be concerned only with politically motivated terrorism’. [More…]
A definition of ‘terrorism’ proper must, in the view of Mr Justice Hope, include: [More…]
Yet, even Mr Justice Hope recognised that even in times of national threat care must be taken with civil liberties. [More…]
In his fourth report, Mr Justice Hope said: [More…]
The most dangerous of Mr Justice Hope’s recommendations are those which seek to provide legislative confirmation of the already dictatorial powers of the Director-General of ASIO. [More…]
Yet, Mr Justice Hope had the gall to devote eight paragraphs of his report to a consideration of the extent to which the DirectorGeneral may be subject to ministerial control. [More…]
At the end of this consideration Mr Justice Hope came to the amazing conclusion that: [More…]
-I refer the Prime Minister to the announcement last week that the inquiry in the United Kingdom headed by Mr Justice Parker has recommended in favour of the establishment of a nuclear fuel reprocessing plant at Winscales. [More…]
When it took office it had the opportunity of considering the report of the Royal Commission on Petroleum headed by Mr Justice Collins. [More…]
The Government undertook to restore some degree of justice to the people who inhabited this land before 1 788. [More…]
I quote from a report that is worth reading by all honourable members, a report of the Brotherhood of St Laurence titled Rough Justice, which describes the system. [More…]
In my belief, one of the great social liberties and one of the great social justices in Australia- this was proved under a Labor reign- was that everybody in this country, no matter what his social or economic background, should have equal opportunities in health care. [More…]
This Government’s respect for civil liberties and social justice is such that it is dismantling Medibank before our very eyes. [More…]
I urge him to exercise his discretion in this case and thus serve the interests of justice, equity and fair play. [More…]
The suggestion that this and other documents (including notes of a conversation between Mr Fraser and Mr Moyes on December 22) disclose other reasons why Mr Fraser blocked the contract- apart from the stated one that justice must appear to be done- cannot be allowed to persist. [More…]
What I say is this: Men of goodwill throughout the Middle East must combine because surely the triumph of evil is certain unless good men work for justice. [More…]
That is not to say that there is not some justice in rural people being advantaged by a subsidy in terms of transport costs, but the point is that this scheme does not apply equitably or fairly. [More…]
All in all, it is a very sad performance on the part of the Government if this is the best of which it is capable in trying to give some measure of justice to the people who live in distant areas and who live under the hardships or, as they say, the tyranny of distance from the capital cities. [More…]
I conclude by urging the House to give careful consideration to the value and justice of the Opposition’s amendment. [More…]
I draw attention briefly to that report of Mr Justice Collins delivered to the Parliament in April 1976. [More…]
In Part XVII-‘A System of Administration’, Mr Justice Collins says: [More…]
I continue with the areas in need of reform as summarised by Mr Justice Collins: [More…]
In the report Mr Justice Collins repeatedly lashed at the organisation of the petroleum industry in Australia, and it is a positive pleasure for me to be able to join in the attack as well. [More…]
We can bring down comprehensive legislation along the lines recommended by Mr Justice Collins. [More…]
Alan Hockey told me that, in all the years that he had been dealing with the State, he felt that the Queensland Government had dealt with him and his community- his words were-‘with compassion and justice’. [More…]
We are in the unfortunate situation that the Aboriginal people who might have come here in the hope of receiving some justice, compassion and understanding from this Government are really in a situation in which what they are being given is contained in a very limited exercise indeed. [More…]
The Commission made the point that there must be some understanding of what can be done now to assist the course of justice. [More…]
The laws which govern the admissibility of evidence in the courts of this country are vital to the administration of justice. [More…]
A corrupt government could completely unbalance the scales of justice by rigging the laws of evidence, and I believe it is fundamental- I commend the Deputy Leader of the Opposition on his very considered speech with respect to this Bill- that we should look at all aspects of this matter to ensure that we are not doing with the best intentions anything which might result in an injustice to any person. [More…]
There would not be a member of this Parliament who would willingly vote for any legislation which might unwittingly and unintentionally do somebody a very grave injustice. [More…]
Insofar as this Bill cuts across the time-honoured hearsay rule, it is important that we consider it carefully and ensure that, in our desire to make the working of justice more easy and to facilitate the proof of facts by the production of records rather than by the calling of a large number of witnesses, we do not do something which will cause in some future proceedings grave injustice to some person, company or any other group. [More…]
I urge the courts in the administration of justice that in the application of this legislation they be very, very careful- as indeed they always are- to ensure that undue weight is not given to a particular document whereby a balance which should be there disappears and an injustice occurs. [More…]
I will refer in a moment to a judgment of Sir Harry Talbot Gibbs, a Justice of the High Court of Australia, in Driscoll v. The Queen. [More…]
I submit that that judgment ought to be read by all persons interested in the administration of justice. [More…]
In that context, with the consent of the Deputy Leader of the Opposition (Mr Lionel Bowen), I would seek to read and thereby have incorporated in Hansard an extract from the judgment of Mr Justice Gibbs in the case of Driscoll v. The Queen. [More…]
As recorded on page 742, Mr Justice Gibbs said: [More…]
For these reasons, it would appear to me that in all cases in which an unsigned record of interview is tendered the judge should give the most careful consideration to the question whether it is desirable in the interests of justice that it should be excluded. [More…]
His Honour Mr Justice Murphy went even further, and I agree with him. [More…]
In conclusion, whilst supporting the legislation, I would hope that for the next two or three years the courts in administering this new law should lean over backwards to use it only where injustice would be caused if it were not used. [More…]
Provided the courts use it only when necessary and provided the safeguards to which I have referred are borne in mind, I believe that this is legislation appropriate to the administration of justice in the twentieth century which I am personally proud to support. [More…]
That seems to offend against the principle of natural justice. [More…]
But, with the greatest of respect to him, I say that he did less than justice to his brief. [More…]
I finish my answer by saying that members of the Greek community in Sydney have distinguished themselves by their efforts to assist the investigation because they, like all other Australians, feel that, if fraud is being perpetrated, they as individuals need to assist the authorities to bring the perpetrators of that fraud to justice, no matter what their ethnic background may be. [More…]
How in Capricornia the division of major communities and cities at either end of electorate is considered electoral justice completely escapes me. [More…]
Mr Justice Woodward recognised that there needed to be some other vehicle for providing to those Aboriginals who had been dispossessed an opportunity to obtain land. [More…]
In a broader context, our budgetary policyand this has been stated over and over again- is a return to full employment and economic growth in the context of greater social justice. [More…]
We are looking for full employment and for greater social justice, and that is what we are achieving. [More…]
They are the things we are trying to correct in order to get full employment, sound and real economic growth and greater social justice. [More…]
We have been able to offer substantial tax cuts and we are continuing to offer greater social justice through the programs introduced in the Budget last year. [More…]
It is not interested in the welfare of the working people of Australia or in sound Budget planning or in the interests of the aged, the young, the business people, the people who make the money so that we as a government can afford the programs we are trying to implement as regards greater social justice. [More…]
In fact, it remained until we were returned to office for us to once again increase the concessional arrangements and give some degree of justice to those people in difficult circumstances in the industry. [More…]
The Bill will seek to remedy these defects and to give the Commissioner the same protection and immunity as a justice of the High Court. [More…]
Ranger Inquiry conducted under Mr Justice Fox as presiding commissioner. [More…]
Mr Justice Fox, Australia’s Ambassador- At-Large on Nuclear Non-Proliferation and Safeguards, is fully engaged in Australia’s effort at INFCE. [More…]
Mr Justice Fox has not participated in the INFCE. [More…]
Perhaps the Minister might tell us what Mr Justice Fox has been doing all this time, running around Europe and other places, if he is not appearing at this conference. [More…]
The Parliament is responsible to discharge its affairs in such a manner as will provide justice for the parties involved and, in so doing, retain the confidence of the people in the parliamentary system. [More…]
The statutory declaration is witnessed by a Justice of the Peace. [More…]
Justice will not be served by a narrow and restricted judicial inquiry such as that proposed tonight by the honourable member for Kingsford-Smith. [More…]
Justice must not only be done; it must manifestly be seen to be done. [More…]
I refer him to the fact that he is on record as saying that he always wishes to have justice appear to be done. [More…]
Firstly, it should be established for reasons of simple justice. [More…]
Therefore, on the basis of simple justice, there is quite clearly a need for an inquiry. [More…]
I also remind the Prime Minister that during the IBMFacom affair he stated quite frequently that Mr Harragan may not have behaved improperly but that it was important to see whether justice appeared to have been done. [More…]
I ask the Prime Minister: How does it appear that justice has been done when the Government has refused to conduct an open judicial inquiry in which immunity can be given to witnesses called and evidence can be subject to cross-examination? [More…]
Time and time again this House has heard that statement that the basis of the intervention by the Prime Minister was so that justice would not only be done but also would be seen to be done. [More…]
I want to say as a matter of record that justice delayed is justice denied. [More…]
I share the view that in the course of justice it would be far better if Mr Armsden and Mr Isaacson had their cases dealt with separately from the further question of the reconsideration by the Committee of the whole question of parliamentary privilege. [More…]
I am citing figures from the report of the Royal Commission on Human Relationships chaired by Justice Elizabeth Evatt. [More…]
One of them, Mr Justice Menhennitt, says that he considers abortion lawful when there is an honest belief on the part of the physician; reasonable grounds for that belief; necessity for the operation arising out of serious danger to the mother’s life, or to her physical or mental health; a threat beyond the normal dangers of pregnancy and childbirth, and reasonably judged proportion between what is done and the danger sought to be averted. [More…]
This is a terrible story and Justice Menhennitt in Victoria and Justice Levine in New South Wales have made all of this terrible story that I have just outlined respectable in Australia. [More…]
1 ) Was an Australian national group established in 1 960 for the purpose of nominating candidates for election by the General Assembly and by the Security Council of the United Nations to fill vacancies in the International Court of Justice. [More…]
Has a nomination been put forward to the group on behalf of the Government on any of those occasions; if so, did the Chief Justice refrain from participating in the group’s deliberations, as Chief Justice Dixon refrained from participating in the then national group’s deliberations on nominations for the triennial elections in 1957 (Hansard, 19 March 1957, page 13 and 22 May 1957, page 1894). [More…]
At the time of making its nominations, the Group comprised Chief Justice of the High Court Sir Owen Dixon, former Chief Justice Sir John Latham, Sir Kenneth Bailey, then Commonwealth Solicitor-General, and Professor K. O. Shatwell, then Dean of the Faculty of Law in the University of Sydney [More…]
At the time of making its nomination, the Group comprised Sir Owen Dixon, Chief Justice Sir Garfield Barwick, Sir Kenneth Bailey, then Australian High Commissioner in Ottawa, and Professor Shatwell. [More…]
I am advised that since his appointment to the Australian National Group in 1964, the Chief Justice has participated fully in the Group’s deliberations before each triennial election. [More…]
The point is, as Mr Justice Fox himself finally admits, the theory that this waste can be stored in geologically stable formations is extremely debatable. [More…]
When we debated the results of the inquiry conducted by Mr Justice Fox into this important matter, the sorts of arguments that we have heard tonight, mainly centred on the problems of waste and safeguards, were all raised then. [More…]
These failures reflect the Government’s contempt for the informed opinion of the members of the Inquiry, which was headed by Mr Justice Fox, as well as the conscientiously held views of the public with respect to the hazards of uranium mining and export. [More…]
The ministerial statement and the Bills make it obvious that we will be following the recommendations of Mr Justice Fox in his report on the Ranger Uranium Environmental Inquiry. [More…]
There are two areas which Mr Justice Fox perhaps has not detailed sufficiently, although the points were made. [More…]
The Government has noted that Mr Justice Fox was critical of the proposal in 1975 to use the Atomic Energy Act as the appropriate base for any activity. [More…]
I think also that the Government should realise that amending legislation to gain a short term relief in our balance of payments crisis or for any of the other purposes which have been brought forward during the debate, such as to promote the accelerated processing, mining and export of uranium, should not take precedence over justice to our oppressed indigenous people, which is the theme which the Minister for Aboriginal Affairs very rightly has stressed from the outset of his accepting the Aboriginal Affairs Ministry. [More…]
It is my purpose to argue that that right to justice should take precedence over any supposed urgency to promote a package of uranium Bills. [More…]
These matters were specifically covered by Mr Justice Fox and his colleagues in their report. [More…]
I have examined the possibility of propelling the Broken Hill City Council into court for denying natural justice to a trade unionist and an ex-member of the merchant marines who, on anyone’s say so, has done nothing wrong and has given long, loyal and valuable service to the Council. [More…]
Mr Justice Smith overturned the election result and ordered a fresh election. [More…]
I do not quite know what they did in Leichhardt- they seem to have made an error there- but in Grey they rallied to the cause of truth and justice and progress and supported my friend the sitting member. [More…]
If honourable members want to deliver proper political justice to the Aboriginal people of Australia, I suggest that they should read the specifications set out in 1973 by the Steering Committee on the establishment of the National Aboriginal Consultative Council, published in a very important document- the submission I made to the Public Accounts Committee. [More…]
Australian people and that an ageing population growing at zero growth is not in the best interests of this country’s contribution to the prosperity of its own people and the South East Asian region and that, therefore, policies be adopted concerning immigration and the Australian family, which remedy the present trend of events having regard to the development, employment and social justice obligations of Government. [More…]
It relates to immigration and to the social justice circumstances of immigration programs developed in Australia. [More…]
So, for a whole host of social and hard economic reasons, I ask the Government to be bold in relation to immigration, and to be bold with a sense of justice. [More…]
There are three matters of social justice which I would ask the Government to consider in relation to its migration program. [More…]
It is a matter of justice as between the child born to an Australian family and the child born overseas who is to be a migrant to this country. [More…]
Justice must exist between the two. [More…]
I merely say: Consider justice as between an Australian family and a migration program. [More…]
I ask the Government to consider what it might do in respect of the deposit gap for young marrieds who have the care of children, at the same time as it looks at a new and bold immigration policy that might be implemented with a sense of justice. [More…]
Against these criteria, to have three judges sitting where there are no compelling reasons for matters to come before a full court, is clearly a waste of judicial resources and an unnecessary expense in the administration of justice. [More…]
The right of effective access to justice has emerged with new social rights. [More…]
Effective access to justice can thus be seen as the most basic requirement, the most basic human right, of a system which purports to guarantee legal rights. [More…]
It was explained to them that a decision on Australia’s prior consent in relation to reprocessing was not possible pending the outcome of international discussions including the discussions at the International Nuclear Fuel Cycle Evaluation in which Mr Justice Fox and the Australian delegation are playing, as I believe, such a constructive role. [More…]
The honourable gentleman suggests that selective stimulus designed- I think I do him justice in saying this- to improve productivity through greater utilisation of unused capacity might help just as much as reducing real wages. [More…]
In this regard I draw the attention of the House to the High Court judgment of Mr Justice Isaacs in 1923 in which he said: [More…]
There is no remedial Act which does not affect some vested right, but, when contemplated in its total effect, justice may be overwhelmingly on the other side. [More…]
It would appear that the present and recent members of the High Court, with the odd exception, have had little regard to the dictum to which I referred earlier enunciated by Mr Justice Isaacs in 1923. [More…]
Rather, they seem to have ignored the effect of their’ decisions on the community as a whole and thereby dealt a severe blow to social justice in our community. [More…]
I well remember that, not so long ago, we had to deal with a case concerning whether there could be political interference with the administration of justice by the senior law officers of the Crown. [More…]
If we want an argument even more impressive, let us turn to the opinions of probably the greatest justice ever appointed to the High Court, Chief Justice Owen Dixon, a man very well known to me. [More…]
It certainly does not class tax avoidance in the eyes of the learned justice as something that should be frowned upon, nor does it suggest that the person who does avoid tax should be frowned upon for making someone else carry his burden. [More…]
The learned justice called it an ingenious trick and said, ‘however unappreciative his fellow taxpayers may be of his ingenuity. ‘ [More…]
The Curran decision was a majority decision, with the Chief Justice, Sir Garfield Barwick, and Mr Justice Menzies constituting the majority, and with Mr Justice Stephen dissenting. [More…]
It would seem to me that the approach by the Chief Justice is not unusual, as he appears to put to one side all High Court precedents in tax cases, particularly those relating to section 260. [More…]
As Mr Justice Isaacs once said, it is better that the High Court be ultimately right than consistently wrong. [More…]
Of course, this Government could not support that sort of taxation simplicity, nor did Mr Justice Asprey. [More…]
Several books, including volumes of the Australian Official War History, Hell and High Fever and Itambu by Mr Justice Selby, refer to the Japanese atrocities but there is absolutely no reference to the trials and executions of the 34 New Guineans. [More…]
In the first batch of trials the sentences were referred to and apparently confirmed by the General Officer Commanding the 1st Australian Army, LieutenantGeneral Sir Edmund Herring, later Chief Justice of Victoria, in his capacity as Administrator of the Australia-New Guinea Administration Unit. [More…]
I think that he did himself less than justice in doing so because every speaker on this side of the House gave support in this matter which is more than he can say for all the members on his own side. [More…]
Significantly I believe, Chief Justice John Marshall, in the famous McCulloch v. Maryland case back in 1 8 19 said: [More…]
I need only quote on that matter from the decision of His Honour Mr Justice Dixon in the [More…]
In these matters it is no good talking about democracy, justice and law if in the past a person’s own record is suspect. [More…]
I would submit to the Committee that it is neither logical nor sensible to claim that the rule of law that is established for the purpose of justice and for maintaining the law extends into this area, particularly when the matters quoted by the honourable member for Denison quite clearly demonstrate that this is a general principle, not a universal principle. [More…]
Mr Justice Gibbs pointed out: [More…]
So it is clear that the High Court derived logically its conclusion and Mr Justice Gibbs in the politest judicial words said that the result was surprising. [More…]
I believe that the balance of parliamentary justice is in favour of what the Government is doing. [More…]
That, to me, is not elementary justice; it is behaviour which is not governed by the law as one sees the law as applying to oneself. [More…]
We are making a political decision and the sum total of my feeling over a month of argument and a month of pressures is that the elementary justice lies in favour of the Government. [More…]
I found very little to disagree with in the speech of the honourable member for Mackellar (Mr Carlton), who put the matter very much on the question of what was the justice of the situation. [More…]
An expert study costing $3m has been completed by Mr Justice Reynolds. [More…]
Mr Justice Reynolds concluded that there was no reason mining should not take place and he laid down very strict guidelines on the methods to be used. [More…]
I ask that he give consideration to the course of action followed by the health insurance fund to ensure that justice is accorded to Mr Hanes and to his aged mother. [More…]
I cannot do justice to it, as the former member for Grayndler could. [More…]
Sir William Webb, formerly Chief Justice of Queensland and later a justice of the High Court of Australia, was appointed as Australia’s Atrocities Commissioner. [More…]
He did replace one bottle, which I felt was not quite justice from him for the first time in his life. [More…]
It is curiously out of step again- perhaps even still- with what the people want and with the demands of justice and fairness. [More…]
It is up to the States to follow suit and to bring about justice in the situation. [More…]
Only two of the seven judges on the case- Mr Justice Gibbs and Mr Justice Stephen- held the view that the territorial sea was within State jurisdiction, but their view was not the majority view. [More…]
Three of them, Sir Garfield Barwick, Mr Justice Jacobs and Mr Justice Mason, clearly took the view that the territorial sea did not form part of the land territory of Australia but that we had the territorial jurisdiction to legislate in respect of the territorial sea, being within our external affairs power. [More…]
The two other members of the High Court, Mr Justice McTiernan and Mr Justice Murphy, took the view that the territorial sea was attached to Australia. [More…]
Whilst acknowledging some aspects of the move to partial self-government for the Island, the Opposition is highly critical of the delay in implementing the recommendations of the Royal Commission which was headed by Mr Justice Nimmo. [More…]
It is people like Sam Calder, who has worked so tirelessly for so long to achieve this goal, Jock Nelson former Labor Territory member and Administrator, former members of the Legislative Council such as Dr Goff Letts who was so prominent in the initial transfers, the late Mr Justice Ward, ‘Tiger’ Brennan, Ron Withnall, Senator Bernie Kilgariff and many others who deserve the credit for what is taking place here today. [More…]
The Federal Court found that the charge for the offence under the rules was not determined in accordance with the rules and amounted to a denial of natural justice. [More…]
The reasoning of Mr Justice Jacobs and Mr Justice Mason was that the Commonwealth had power under the external affairs power over the territorial sea because it was external to Aus.tralia that is, it was not within the territorial limits. [More…]
There were two dissenting judges, namely Mr Justice Gibbs and Mr Justice Stephen. [More…]
Mr Justice McTiernan took a view as to whether there was control by the national Parliament. [More…]
His Honour Mr Justice Murphy appeared to take a similar view. [More…]
As I have already pointed out, this is a view shared by Mr Justice Murphy and Mr Justice McTiernan. [More…]
The relevant section is section 196 which states that if any officer of customs or of police shall have reasonable cause to suspect that any person is unlawfully carrying, or has any goods subject to the control of customs, or any prohibited imports, or any prohibited exports secreted about him, the following consequences shall ensue: Firstly, the officer may detain and search the suspected person; secondly, before the suspected person shall be searched he may require to be taken before a justice or the Collector of customs; thirdly, the justice or collector may order the suspected person to be searched or may discharge him without search but females shall only be searched by a female searcher appointed by the justice or collector. [More…]
I give the following advice to members of the community who find themselves being requested to submit to a search at an airport or shipping terminal: Demand to be taken before a justice; and demand in the presence of the justice that he require the officer to nominate the source of his reasonable cause for suspicion. [More…]
The whole situation calls for the immediate attention of the Minister for Business and Consumer Affairs (Mr Fife) so that the position can be clarified and the right to search given to a customs officer only on proof of reasonable suspicion being shown to the satisfaction of a justice. [More…]
But he was a man who, whenever faced with a proposition at close quarters, would decide both on the side of justice and on the side of mercy. [More…]
1 ) What has been the itinerary of Mr Justice Staples in his inquiry, which the Attorney-General’s predecessor requested him to undertake on 26 December 1976, into the practices, procedures and laws which other countries have adopted for the protection of basic human rights. [More…]
Mr Justice Staples arrived in Vancouver from Australia on 5 July 1977. [More…]
He has met with legislators, judges, lawyers, police officers, civil rights and race relations workers, and legal aid bodies and has had discussions with officers of the State Department, the Department of Justice, Depanment of Labor, the Internal Revenue Service, the Equal Employment Opportunities Commission, the National Labor Relations Board, the Federal Contracts Compliance Program, the Women’s Bureau of the U.S. Depanment of Labor, the Library of Congress, and a number of other agencies, and has had discussions with officers of the Supreme Court of the United States, and several other courts, civil and criminal. [More…]
The dates and the subjects of the reports that have been received from Mr Justice Staples are listed hereunder: [More…]
Those are two questions that I raise today in this Parliament, and I think that the Government will need to consider them if common justice is to be restored. [More…]
The Opposition is vocal in arguing that the partial adjustment of wages to price increases, is a denial of justice. [More…]
I ask, justice for whom? [More…]
So that is the justice that the honourable member for Berowra speaks about. [More…]
With our present high cost levels it seems to me quite inconsistent to ignore those facts, and to be seeking continually to increase costs in Australia on a basis of humanity and justice. [More…]
Although one can see some justice in the comment that the present Government has been in power since 1975 and that it is well into the third calendar year since then, the fact remains that the great harm done to the Australian economy was in fact done from the end of 1972 to the end of 1975. [More…]
My own concern was initially prompted by the appointment late last year of Mr Justice Fox as Ambassador-at-Large on nuclear matters. [More…]
On 14 August 1923 Chief Justice W. H. Irvine wrote to the Victorian Government on behalf of the Supreme Court of Victoria in the following terms: [More…]
The sight of Justice Elizabeth Evatt on Monday Conference some months ago defending aspects of the report of the Royal Commission into Human Relationships brought to mind a further quote from Chief Justice Irvine’s letter to the Victorian Government. [More…]
Justice Elizabeth Evatt, of course, was a member of the Conciliation and Arbitration Commission when she was appointed Chairman of the Royal Commission, but by the time the report was presented she was Chief Judge of the Family Court of Australia. [More…]
I do not altogether disagree with the honourable member for Casey (Mr Falconer), and I suspect that not all my colleagues shared my views about the appointment of Mr Justice Fox as a roving ambassador on the question of uranium safeguards. [More…]
Subsequently this attitude was reversed and the matter is now before Mr Justice Robinson, Deputy President of the Conciliation and Arbitration Commission where it has been since 12 April. [More…]
We know that the matter is before Mr Justice Robinson. [More…]
Speaking in 1903, a former Premier of Queensland, Sir Samual Griffiths, first Chief Justice of the High Court, said: [More…]
The issue may well then be referred to the International Court of Justice or some other international arbitral institution, as being used, for instance, to resolve the dispute between France and the United Kingdom over certain islands in the English Channel. [More…]
The issue may well then be referred to the International Court of Justice or some other international arbitral institution, as being used, for instance, to resolve the dispute between France and the UK over certain islands in the English Channel. [More…]
It has resulted also in a direct attack for mealy political purposes, for the purpose of grandstanding, upon distinguished persons such as Sir Edmund Herring and Mr Justice Selby. [More…]
What the honourable member has done is to claim that there has been some form of cover-up to protect the reputations of persons who during the Second World War were involved in the bringing to justice of criminals who were later hanged. [More…]
Did Mr Justice J. [More…]
On behalf of the Opposition I commend, as has the Minister for Aboriginal Affairs (Mr Viner), the report of Aboriginal Land Commissioner, Mr Justice Toohey, as a landmark determination and a review of a totally new judicial procedure. [More…]
He does less than justice to the Housing Commission of Victoria which has been to tremendous pains to provide for the housing needs of the citizens of that State. [More…]
The latter class of people are the ones we are out to help because they need help, and simple justice, we believe, demands that they be helped. [More…]
I instance that great historical judicial decision of Mr Justice Hope who had to determine whether to permit the demolition of the angophora forests in order to mine the $56m worth of wolfram underneath. [More…]
Of course Mr Justice Hope made the decision that those angophoras could not really be valued. [More…]
Mr Justice Hope led the inquiry into the National Estate, and I am pleased that a man of his calibre is now chairman of the Heritage Commission of New South Wales because we need sensitivity, understanding and men of foresight to protect our heritage. [More…]
1 ) Decisions broadly in line with the recommendations of Mr Justice Toose include- [More…]
The Government feels that there is not much justice in a system that provides benefits for and expects contributions from nursing home type patients who are in hospitals. [More…]
Australia’s Ambassador-at-Large on nuclear non-proliferation, Mr Justice Fox, has established an office in London and is maintaining an active monitoring program. [More…]
I say with the utmost respect to the honourable member for Robertson, for whom I do have a regard, that he did himself less than justice on this occasion because I would have thought it was fundamental, if a State government was not consulted on this matter, one could have executive power at Commonwealth level used without any restraint at all. [More…]
We think that it does and that is what we object to because this is the sort of situation that could develop at, say, Ranger It might be remembered that the Fox Inquiry was told that mill tailings, which if exposed to the atmosphere give off radon gas for a hundred thousand years, would be stored under water and Mr Justice Fox said that was no good and they should be buried in the empty mine after the uranium has been taken out, and I understand that will happen. [More…]
Mr President, I inform the Senate that on the recommendation of the Government, His Excellency, the Governor-General has further extended the terms of reference of the Royal Commission inquiring into the electoral redistribution of Queensland in 1977 to allow Mr Justice [More…]
The Government took this action after advice from me and with the concurrence of Mr Justice McGregor. [More…]
It was to ensure that Mr Justice McGregor was able to make findings in the light of the evidence, about the conduct of any person that the Government has taken the action that it has to have the terms of reference of the Royal Commission widened. [More…]
Mr Justice R. W. Fox, Australian Ambassador-at-large for Non-Proliferation and Safeguards [More…]
Mr Justice Fox. [More…]
As the honourable gentleman would know, the Government is concerned to ensure that there is a full and adequate opportunity of inquiring into the circumstances of the whaling industry and has appointed Mr Justice Frost as the head of a commission for that purpose. [More…]
There should also be within that delegation an opportunity for His Honour Mr Justice Frost to participate and to consider the nature and character of the International Whaling Commission and the conservation practices for which it was constituted. [More…]
It was the intention of the original Act to protect the existing rights of people who had a prior interest in Aboriginal land, as recommended by Mr Justice Woodward in his Royal Commission report on Aboriginal Land Rights. [More…]
The facts are these: Mr Justice Sweeney, as he now is, was promised the presidency of the Conciliation and Arbitration Commission before the 1972 election. [More…]
This promise was made known to Mr Hawke who, however, spoke with Mr Justice Moore about the matter and finally also spoke to Mr Whitlam about it. [More…]
Mr Whitlam told me of his talk with Mr Hawke, but he also told me, and emphasised the fact, that if I wanted to appoint Mr Justice Sweeney, as he then was, to the position of President of the Conciliation and Arbitration Commission, to fill the vacancy caused by the resignation of Mr Justice Kirby, he would get the job. [More…]
He told me that he had no intention whatever of repudiating his promise to me or his promise to Mr Justice Sweeney. [More…]
He did suggest, however, that Mr Justice Sweeney’s very special knowledge of industrial law- he is an outstanding industrial lawyer- should not be lost to the Commonwealth Industrial Court, and that I ought to try to persuade him to transfer from the Conciliation and Arbitration Commission to the Industrial [More…]
Court, but to make it clear to Mr Justice Sweeney that, if he still wanted the presidency of the Conciliation and Arbitration Commission, the original offer would still stand. [More…]
I told Mr Justice Sweeney of Mr Whitlam ‘s proposition and so did Dr Ian Sharp, my permanent head; and he finally agreed to go to the Industrial Court, adding that he had developed a deep respect for Mr Justice Moore since he had worked with him as a Deputy President of the Conciliation and Arbitration Commission and that he also enjoyed a warm friendship with him and would, in these circumstances, be happy to release Mr Whitlam and me from the earlier commitments which we had made to him. [More…]
In this case, I am certain that Mr Carr’s story did not come from His Honour Mr Justice Sweeney. [More…]
I conclude by saying that Sir John Moore would not- I emphasise would not- have been appointed as President of the Conciliation and Arbitration Commission, when he was appointed, had His Honour Mr Justice Sweeney wanted the position. [More…]
Mr Whitlam did not repudiate his promise to Mr Justice Sweeney and I did not repudiate mine and neither was I overruled. [More…]
Surely the justice of public money being spent in the interests of farm leaders, as it is presently spent in the interests of capital, management, labour and trade unions, cannot be denied. [More…]
I want now to pay tribute to Mr Justice Terry Ludeke who telephoned me from his sick bed in the Sydney Hospital on the day that the Clyde Cameron College was opened. [More…]
In order to remove any unfortunate suspicions that might otherwise develop concerning the motives and the decisions reached at those meetings, will the Government now reconsider its decision not to require the seven Ministers who attended those meetings to give evidence before Mr Justice McGregor? [More…]
It would seem, from the media presentation, that the trial of Dr Yuri Orlov was certainly not in accord with the standards of justice to which we are accustomed in this country- standards which we would seek to preserve and which we would hope might be extended into many other countries. [More…]
That policy was based on the findings and recommendations of the Ranger Uranium Environmental Inquiry conducted under the Honourable Mr Justice Fox as Presiding Commissioner. [More…]
Mr Justice Fox is continuing to serve our country in this important area as Australia’s Ambassador-at-Large on nuclear non-proliferation and safeguards. [More…]
Mr Justice Fox, who was referred to by the Minister in his statement on the International Nuclear Fuel Cycle Evaluation, does not engage in the substance of negotiatons with other countries. [More…]
If Mr Justice Fox has opinions and if he is appointed to engage in safeguard negotiation agreements, why are his opinions not public? [More…]
I always remember what Mr Justice Meares, the Chairman of that Committee, said when I indicated to him what our Government’s intention was. [More…]
I do not think he has done justice to the pastoral industry in New South Wales in particular in playing down the importance of the possible significance of the detection of the virus in cattle in that State. [More…]
It is important to realise that specific purpose grants do not have to be accepted by the States, as was pointed out by Chief Justice Owen Dixon in his judgment in the second uniform taxation case. [More…]
The options which the suspended Minister for Finance raised are a further denial of justice to those who are less well off in the community and they should be denied. [More…]
These principles can be summed up in the following way: The primary aim of disciplinary provisions should be to facilitate efficient administration and public confidence in the integrity of the administration; there should be no unnecessary concern with the private lives of staff members; provisions should be seen as a complement to other management processes of supervision, leadership and staff counselling, with disciplinary action generally being a last resort; the disciplinary process should continue to be essentially administrative rather than judicial, but the principles of natural justice and fairness should be observed. [More…]
What was the attitude of Mr Justice Woodward? [More…]
No one can accuse Mr Justice Woodward of being a young radical. [More…]
Having examined the record of the honourable gentleman’s political colleagues, Mr Justice Woodward was quite emphatic in stating in his report that the future of Aboriginal land rights certainly did not rest, in terms of political judgments or the so-called compassion of members of the National Country Party, in the Northern Territory. [More…]
-In speaking to the amendments moved by the Opposition, I think it is fair enough to say that they are not just a list of amendments suddenly produced out of the air but are amendments, like the Labor Party’s total position in relation to the Aboriginal land trust legislation, which are based upon the recommendations of Mr Justice Woodward. [More…]
In any legislation which confers rights on the Government of the Northern Territory it ought to be noted that in his report at paragraph 740 Mr Justice Woodward stated: . [More…]
I have already pointed out that Mr Justice Woodward expressed concern about the attitude of the Northern Territory legislature. [More…]
Under the present Act, there is no specific provision, as was recommended by Mr Justice Woodward, which would expand the rights of Aborigines to enter upon pastoral leases for traditional purposes. [More…]
Mr Justice Woodward recommended that Aborigines themselves should control entry to Aboriginal lands- a power traditionally exercised by the Northern Territory Administration. [More…]
Nevertheless, in 1971 the Court, under Mr Justice Blackburn, ruled against the Yirrkala people and in favour of the Nabalco company. [More…]
The Labor Government appointed Mr Justice Woodward to inquire into the manner in which land rights could be put into effect. [More…]
In addition, I think that in a mere theoretical approach to this subject one ought to be able to see that a Federal government is more likely to succeed in achieving justice for Aborigines for the very reason of our Federal structure. [More…]
Protection of this right was recommended by Mr Justice Woodward, whose report we hear quoted on all sides. [More…]
I point out to those honourable members who have made so much of the recommendations of Mr Justice Woodward, on whose report the whole land rights legislation was based, that he was instructed, as the shadow Minister said, to determine how to allocate the land to Aborigines, not whether it should be allocated. [More…]
The situation was that Mr Justice Woodward ‘s report was about how to grant the lands to Aborigines, not whether it should be or not, and that report was not debated. [More…]
I just want to defend the record for my friend Lionel Murphy, now a justice of the High Court of Australia. [More…]
The House is probably aware that there is an independent body operating now under the chairmanship of Mr Justice Ludeke. [More…]
The isolated patients travel and accommodation scheme will bring a large degree of economic justice to people living long distances from specialist medical attention. [More…]
I believe it was remarked by Mr Justice Waddell that in view of the large sum of $1 10m involved in the Cambridge collapse, the Corporate Affairs Commission should take out proceedings against the directors and auditors of the company for misrepresentation. [More…]
They were extended by this Government on two occasions, intentionally and deliberately, so that there would be no suggestion that any matters raised before that Royal Commission could not be canvassed by His Honour, Mr Justice McGregor. [More…]
The 26 signatories to the declaration of the United Nations made on 1 January 1942 expressed their commitment that complete victory over their enemies was essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands. [More…]
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, [More…]
By their blanket refusal to give him justice by granting to him the right of appeal to a court of law the Premier and the Government of New South Wales must stand condemned in the eyes of the citizens. [More…]
For example, there has been action on the problems of discrimination, the status of women, the right of asylum, the administration of justice, freedom of information and so on. [More…]
Before undertaking to observe the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, he should inculcate these qualities in himself. [More…]
Honourable members will recall that in January 1975 Amnesty International sent a distinguished Australian deputation under the leadership of Mr R. E. McGarvie, Q.C., who is now Mr Justice McGarvie of the Victorian Supreme Court. [More…]
I start with the late Mr Justice Ward, who was a tremendous Territorian. [More…]
Mr Justice Ward was not only a great Labor man in the Northern Territory but also a great Territorian. [More…]
He has had long and distinguished service, sometimes in grievous error and sometimes, as I say, in due process of justice. [More…]
The AMA said that doctors were not obliged to charge the scheduled fees set down by Mr Justice Ludeke, which were mainly for the benefits of funds to set their refunds. [More…]
If a deputation from the trade union movement asks for wage justice the National Country Party and the Liberal Party say a few words about what is going on and claim that the unions are breaking the country, but they do not stand up to the AMA. [More…]
1 ) Mr Justice Woodward presented his first report on 19 July 1973 and the two regional Land Councils which he recommended should be convened as soon as possible held their first meetings in the last week of September 1973. [More…]
The recommendations of Mr Justice Woodward in his Second Report were given effect to by the Aboriginal Land Rights (Northern Territory) Act 1976, which was proclaimed on 26 January 1 977. [More…]
Other measures to give effect to Mr Justice Woodward ‘s recommendations include: the purchase by the Aboriginal Land Fund Commission of land for Aboriginals, including several cattle stations; the provision of village areas for communities on pastoral properties; the provision of land in towns for Aboriginal community housing, hostels and camping places; the provision of grants and advice to help Aboriginal groups to make good use of their land. [More…]
Mr Justice Hope found that without adequate machinery for review of security assessments of persons . [More…]
grave and permanent injustices can occur’. [More…]
A copy of a letter dated 21 April 1978 from the former Minister for Administrative Services to the Attorney-General; a copy of a letter dated 23 April 1978 from the Attorney-General and the Solicitor-General to the Prime Minister; a copy of a letter dated 24 April 1978 from the Chief Australian Electoral Officer to the AttorneyGeneral; a copy of a letter dated 11 May 1978 from the Attorney-General to Mr Justice McGregor, a copy of a letter dated 1 1 May 1978 from the Attorney-General to the honourable member for Fadden; and a copy of a letter dated 12 May 1978 from Mr Justice McGregor to the Attorney-General. [More…]
In accordance with the Government’s policy throughout this matter, as reflected in Senator Durack ‘s letter to Mr Justice McGregor of 11 May, to have all allegations of illegality or impropriety in the course of the McPherson redistribution fully heard and determined, Cabinet decided on 30 May to have the terms of reference widened again so that the royal commission could make a finding on whether any breach of the law of the Commonwealth or any impropriety had occurred on the part of any person in the course of the McPherson redistribution. [More…]
Mr Justice McGregor entirely exonerated the Honourable Eric Robinson of allegations concerning the Queensland redistribution. [More…]
Mr Justice McGregor thus found that an impropriety had been committed not because of Senator Withers’ act of communicating with Mr Pearson about the name of the electorate but because of ‘the purpose with which he did it’. [More…]
We were of the view that we had no option but to accept Mr Justice McGregor’s report and accepting it had inevitable consequences in respect of the finding of impropriety. [More…]
He proposed to Mr Justice McGregor that, if he considered fit, he ought to expand the terms of reference for the inquiry. [More…]
Now that is a very happy arrangement, if one can get Justice McGregor to be foolish enough to take the responsibility to expand the terms of reference to net the Minister for Administrative Services. [More…]
Senator Withers also gave a surprising explanation of Mr Fraser’s motives in dumping him from the Ministry- an explanation which had nothing to do with Mr Justice McGregor’s Royal Commission report. [More…]
I was disturbed to hear, and I think I heard it correctly, the Leader of the Opposition make a veiled attack on the credibility and the integrity of the royal commissioner, a distinguished Queen’s Counsel at the Sydney Bar and a distinguished judge, when he suggested that His Honour Mr Justice McGregor could be bought. [More…]
It was the actions of the honourable member for Fadden that produced this Royal Commission of Inquiry, not the Prime Minister’s love of justice or his desire to see that the truth came out. [More…]
Has the Attorney-General’s attention been drawn to a statement by Mr Justice Holland in the Supreme Court of New South Wales on 17 March 1978 that there was a prima facie case of a breach of fiduciary duty by Mr Vrisakis both as a partner and as a legal adviser and further by a failure to disclose or draw attention to the fact that he was receiving preferential treatment in a deed of guarantee. [More…]
I am aware of a Press report in the Australian Financial Review of 20 March 1978 of statements, of the kind referred to, attributed to Mr Justice Holland in the Supreme Court of New South Wales on 17 March 1978. [More…]
5 ) The most recent review of the Repatriation system was carried out by the Honourable Mr Justice P. B. Toose, C.B.E. [More…]
There was a whole range of issues which Mr Justice Hope was required to look at in that review and to adequately assess his review this Parliament will need information on the extent and location of acts of political violence in this society and the success or otherwise of existing forces and, perhaps, the judicial system in coping with these acts. [More…]
I do not wish tonight to canvass the justice or otherwise of section 26e of the Income Tax Assessment Act except to say that if income is earned by any taxpayer in Australia, whatever its nature, that income or benefit should naturally be covered by the Act. [More…]
Therefore equity demands that justice be granted in either of the forms I have suggested. [More…]
I ask for justice in this respect also. [More…]
I support the honourable member for North Sydney (Mr Graham) in drawing to the attention of the House the argument that in justice those who actually engaged in war service, those who served in a theatre of war, are entitled to greater consideration in the allocation of finance than those who did not. [More…]
I would think that, as a matter of justice in endeavouring to allow every person the right to own a home of his choosing in the locality in which he would like to reside, some watering down of the durability component could be allowed. [More…]
Try explaining the justice of tax increases which represent less than 5 per cent for someone like the Prime Minister, earning $1,500 a week, but 8 per cent for people earning only $250 a week. [More…]
Time will not allow me to do it justice. [More…]
Mr Justice McGregor based his findings not just on the fact of the phone call but on the motive and purpose of the phone call which were revealed, in his judgment through the totality of evidence before the Royal Commission. [More…]
The letter of 12 May from Mr Justice McGregor was written in response to a letter to His Honour from the Attorney-General a day or two before. [More…]
It follows his answer to the Deputy Leader of the Opposition in which he indicated that the letter from Mr Justice McGregor led to the expansion of the terms of reference to cover allegations in relation to uranium. [More…]
Is it not a fact that Senator Durack wrote to Mr Justice McGregor on 1 1 May, after the terms of reference had been expanded, and that the letter from Mr Justice McGregor, to which the Prime Minister referred, in fact was on 12 May, well after the date on which the terms of reference were expanded? [More…]
The fact that he assumed was that the letter from Mr Justice McGregor led to the expansion of the terms of reference in relation to uranium. [More…]
In 1966 the United Nations resolved that South Africa’s continuing administration was illegal, a decision upheld by the International Court of Justice. [More…]
The truth of the matter is that the course being followed by this Government is the only course which will lead the nation back into a situation where there is equity and justice for the average [More…]
That equity and justice can come only through a situation in which we bring an end to the spiralling costs and bring an end to the ravaging of the economy which has reached the extent where investment is incapable of carrying the needs of the day for expansion, for growth, for productivity and for development which will provide adequate employment. [More…]
Moreover, as I note Justice Evatt pointed out in Newcastle a few months ago, there has been a very high remarriage rate. [More…]
I shall deal next with the failure of the Government to show equity and justice in the changes it brings about. [More…]
Will he take steps to fill in this gap in the collective national memory by directing the collection of oral or written information for the national archives from persons with direct or indirect knowledge of the incidents referred to, including Lieutenant-General Sir Edmund Herring, Sir Horace Niall, Mr Justice David Selby, Sir John Guise, the former Mr Justice Ben Dunn, Sir John Kerr, formerly of the Army’s Directorate of Civilian Affairs, Sir Philip Strong, formerly Bishop of New Guinea, Captain Russell Smith and surviving officers of the 1st Australian Army or ANGAU. [More…]
What the Prime Minister had defined in those terms of reference was so restrictive as to guarantee not only that the findings would be limited but also, as Mr Justice McGregor pointed out in his letter of 12 May, that the facts that could be explored would be limited. [More…]
Mr Justice McGregor said in that letter of 12 May: [More…]
On 1 1 May Senator Durack, as Attorney-General, wrote to Mr Justice McGregor. [More…]
Those terms of reference were drawn up by the Liberal Party, not on any basis of justice. [More…]
Who will have respect for the Government’s integrity, its justice, its impartiality or its honesty if it allows this matter to continue? [More…]
If that is not an imputation against Mr Justice McGregor I do not know what is. [More…]
It has been given the facts in relation to the letters written to Mr Justice McGregor and by Mr Justice McGregor to the Attorney-General in relation to the broadening of the terms of reference, and the fact that that letter related to various allegations that had been made, in not specific terms but about that time, in relation to uranium. [More…]
So the Government, rather than jettison Senator Withers at its own hand, tried then to extend the terms of reference by having Mr Justice McGregor do their dirty work for it. [More…]
Quick as a flash the Royal Commissioner, Mr Justice McGregor, replied that he would have no part of it, that he would not inquire into any matter which was not set out. [More…]
In the absence of an arbitration clause, a dispute arising in relation to the Agreement would have been subject to the compulsory jurisdiction of the International Court of Justice- as a result of action taken by Australia during the term of office of the Labor Government. [More…]
When we were in government we had untold trouble in trying to get the International Court of Justice to guarantee that France did something about this matter. [More…]
That means that a homeless person, a vagrant type of person or someone who appears in court looking like he is not the average citizen has a much poorer chance of getting justice in the court system than anyone else. [More…]
We will support arbitration and we will make certain that arbitration, justice and the interests of all Australians prevail. [More…]
Right from the commencement of the latter part of the dispute, Mr Justice Gaudron and Commissioner Clarkson have taken the Government to task for standing over, for deliberately goading, the telecommunications commissioners into action that has been inflammatory and has driven these individuals, concerned as they are about their employment, into taking the action that they have. [More…]
There are two sides to every dispute, but right from the outset we have had the silence of the Minister and the impetuosity of the Government in forcing penal legislation on to Telecom itself, calling on it to introduce a bans clause, which was rejected by Mr Justice Gaudron, who described it as inflammatory. [More…]
On what date was the Prime Minister made aware of the fact that Mr Justice McGregor had completed the taking of evidence? [More…]
Is there any significance in the fact that the Prime Minister returned to Australia after Mr Justice McGregor had completed the taking of evidence? [More…]
And while vigorously supporting the right to strike asserts that on any principle of comparative or social justice a strike for either extra emoluments or special annual leave in addition to the current average 5 weeks annual leave is unjustified and unfair to the bulk of the Australian work force. [More…]
However, it turned out to be petrol which ignited and inflamed the situation to such an extent that Deputy President Justice Gaudron and Commissioner Clarkson took the Government to task because of its attitude. [More…]
The South African Justice Minister, Mr James Kruger, issued misleading official statements to the effect that Biko had died in part as a result of a hunger strike. [More…]
In April 1978 some further information was given by the Justice Minister, Mr Kruger. [More…]
In answer to a question of an Opposition member of Parliament, Mrs Helen Suzman, the Justice Minister advised that in 1977, 128 people died in detention under non-security laws. [More…]
I am sure you will appreciate our feelings of concern that five innocent Australians could meettheirdeaths in circumstances which have not only never been satisfactorily explained, but also where the culprits have apparently escaped scot free and have never been brought to justice. [More…]
Mr Justice Fox, Australia’s Ambassador at Large for nuclear non-proliferation matters and safeguards, has visited Ottawa for discussion on three occasions since May 1977. [More…]
Viable productive industries are vitally important to a sound economy and it is against this background that I have urged the Government to examine the value that relief to these industries would be as well as the justice of equitably sharing the burden of re-establishing the Australian economy to the advantage of all Australians. [More…]
We write to bring to the attention of your organisation the fact that the Lee Kuan Yew government in Singapore has lately intensified its oppression and ill-treatment of political detainees, and to appeal for moral support for the struggle for justice and human rights of political detainees in Singapore. [More…]
We call on all those who genuinely believe in justice and human rights to lend their support to the campaign for the immediate and unconditional release of all political detainees in Singapore. [More…]
Mr Justice Northrop in the recent Trade Practices Commission case estimated that the Avis Rent-a-Car System Pty Ltd held 43 per cent to 46 per cent of the total car rental market, while Kay-Hertz Rent-a-Car held 17 per cent, Budget Rent A Car Systems Pty Ltd held 16 per cent, LetzRentaCar held 5 per cent, Thrifty Rent-a-Car held 1 per cent, with other operators making up the balance of 15 per cent to 18 per cent of the market. [More…]
There is no justice in it. [More…]
So as a matter of justice it was felt that these programs should be brought back to a dollar for dollar basis with the States. [More…]
All members will be aware that the Government has established a committee of inquiry under the chairmanship of Mr Justice Bowen. [More…]
Quite frankly, in terms of procedure in the House, the constant assertions by inference of the honourable gentleman and some of his colleagues, as on this occasion, leave no recourse at all to natural justice. [More…]
I find myself in this Parliament day after day responding to assertions, without evidence at all, from the honourable gentleman which I think in terms of any concept of what I would call justice in the parliamentary forum leave more than a lot to be desired. [More…]
He did not go to the meeting because he was using his abstinence from signing this agreement, using pressure, to get the recommendations in Mr Justice Toohey ‘s report on the Borroloola land claim and the land claim in the Sir Edward Pellew group of islands at the southern end of the Gulf of Carpentaria altered. [More…]
Those things are well worth keeping in mind when one is talking about a government which has relentlessly pursued decency and honesty in government, justice and fairness, seeking to impose a departure tax on people who are using essential services which have been provided by the taxpayers through general revenue. [More…]
If not, by what process does the Government intend to apply the same kind of justice to people other than Australians as it intends to apply to people who reside in this country? [More…]
I think he will do great justice to his very important portfolio. [More…]
Clearly that is not the view of the Aboriginal people presented to Mr Justice Fox. [More…]
I conclude on the point that this is a great historical day because the Aboriginal people of the Northern Territory will see justice done. [More…]
I ask this House merely to look at the justice of that kind of transfer when those who do the subsidising are vulnerable, have a lower standard of living and are subject to unemployment to which the subsidised are not subject. [More…]
I think the honourable member for Werriwa does himself less than justice in pointing out the reasons, as he saw them, for his success in the Campbelltown area in particular. [More…]
It was an absurd situation and resulted in a far lower percentage of country people being eligible for pensions than justice required. [More…]
This change of policy occurred only after the Government witnessed the spectacle of the crippled people demonstrating outside Parliament House their preparedness to fight this Government in order to get justice. [More…]
Let us get on with the job of bringing to justice those who permeate the Australian way of life with the supplying of drugs. [More…]
In the words of the Catholic Commission for Justice and Peace, in its Statement of Concern prepared for the Catholic bishops of Australia, at page 4 it states: [More…]
It indicates that land rights are an urgent issue of natural justice. [More…]
-The opening paragraph of the introduction to the document Aborigines- A Statement of Concern, prepared by the Catholic Commission for Justice and Peace for the Catholic Bishops of Australia, reads as follows: [More…]
In the Saskatchewan province of Canada an inquiry was recently set up under Justice Bayda to look into the prospects of developing what was known as the Cluff Lake deposit of uranium. [More…]
I just made the point that there are some people with very interesting ideas on what is and what is not social justice in this country. [More…]
I well remember the words of Chief Justice Dixon many years ago in a High Court case when he was asked to define income. [More…]
On 19 October 1977, the transcript of committal proceedings in progress against Mrs P. M. Moylan was re- - moved from the Office of the Clerk of Petty Sessions, Phillip Street, Sydney, on a written direction from the Under-Secretary of Justice of New South Wales, who is the superior officer of the Clerk. [More…]
On 20 October 1977 the Magistrate, on resumption of the proceedings, informed the court that he had been told by the Department of Justice that the transcript would be returned that same morning, together with all copies. [More…]
Why did the Prime Minister choose to give his evidence in secret to Mr Justice Bowen ‘s inquiry on pecuniary interests? [More…]
Of course, the borrowing program of the present Government is done in accordance with the most orthodox, proper and legal means, and any suggestion that any comparison can be drawn between the activities of some of his former ministerial leaders and what has occurred over the past 18 months is not really doing the honourable member for Adelaide justice or credit. [More…]
But let me make a simple reference to the work of Mr Justice Parker who, in commenting in his report on the United Kingdom Windscale inquiry, made this observation: [More…]
Mr Justice Parker went on to say: [More…]
So much for the sense of justice and moral obligation discharged by the Fraser Government. [More…]
Nearly $ 1,500m would be available in the form of additional revenue to the Government if it proceeded to raise revenue according to a scale of social and economic justice and according to a system of progressive levies. [More…]
What we should be doing is implementing a policy which will enable us to combine the two proposals so that we provide justice for all and ensure that people are not subject to the double jeopardy of taxation and means testing. [More…]
I believe it to be a decision which is distressing a large number of people, which will be an administrative nightmare and which intrudes into my concept of social justice. [More…]
There is a need for development projects in Australia which will provide jobs, which will provide incentives and which will provide the large economic cake that can be divided to provide social justice for all. [More…]
He sold out those moderates, those right wingers in the Labor Party, those few genuine Labor men with a commitment to social justice, with the weak speech that he gave in this House this morning. [More…]
Finally, and this is the most important consideration, is the question of social justice in these matters. [More…]
But that is denying in every sense the justice that is due to these people who leave the educational institutions and who are entitled to work. [More…]
However, there is now a major breakdown in the transfer of people from the educational institutions into the work force and instead of the Government recognising it and dealing with it with justice, what does it do? [More…]
To date we have heard no argument at all from honourable members opposite which rejects this somewhat simple and fundamental principle of human justice. [More…]
Accordingly, did the Fijian Minister for Justice not appeal to Australia ‘to send delegates who are prepared to take decisions within the ambit of the Conference’? [More…]
But, of course, the very necessary principles of natural justice and fairness should be observed in any new scheme. [More…]
As a matter of natural justice the common law normally requires that a product which is bought should meet the purpose for which it is specified. [More…]
Indeed, it is necessary from my point of view that I establish completely that justice is done to the other parties, that there is no evidence of any tax liability, and that all documents and papers and everything else are completed in the manner in which they should be completed. [More…]
1 ) and (2) Ranks and classifications in the Defence Force recommended for reduction in pay rates by the Committee of Reference for Defence Force Pay presided over by Mr Justice Coldham, a Deputy President of the Conciliation and Arbitration Commission are set out in the following table: [More…]
But no justice whatsoever is meted out by this Government. [More…]
I can only stress to the Minister for Veteran’s Affairs that this section of the Act, and the section of the Income Tax Act which covers reparation payments for Nazi war atrocities, should be investigated so that we may achieve some sort of justice for these people who fought so nobly and bravely during that period of World War II. [More…]
Firstly, I want to deplore the sectarian challenge of the well-named DOGS- the Council for the Defence of Government Schools- to elementary justice for independent schools. [More…]
Rather than letting this failure to do justice continue until, as is quite likely, the private sector of education gets into even greater financial difficulties, it seems to me that it would be wiser to give more detailed consideration to what I have outlined. [More…]
It would have been truly democratic Australian justice, and I think the general injustice for those who feel they have to educate their children privately has gone on for far too long. [More…]
I understand that the matter came before Mr Justice Ludeke of the Conciliation and Arbitration Commission today and that about an hour ago he put forward a proposal which would allow a resumption of work. [More…]
I understand also that Mr Justice Ludeke has proposed that an assessment be made of the situation by experts from the National Roads and Motorists Association. [More…]
We are aware of the delicate negotiations which have been conducted today by Mr Justice Ludeke with the objective of getting the truck drivers employed by Caltex Oil at the’ Banksmeadow terminal back to work. [More…]
Mr Justice Ludeke has made that clear in his statement today. [More…]
Already today the Minister for Industrial Relations indicated the details of the recommendation by Mr Justice Ludeke that the men should begin work at 6.30 a.m. tomorrow and that he will be on site at the Broadmeadow terminal at 9.30 a.m. tomorrow with inspectors from the National Roads and Motorists Association to inspect car damage, which is the basis of the dispute. [More…]
As I said earlier, Mr Justice Ludeke will be on site at 9.30 a.m. and he hopes there will be a return to work at 6.30 a.m. We on this side of the House believe that given some good will on both sides this dispute can be settled. [More…]
I took the trouble to speak to some people in the Transport Workers Union today and I understand that despite company promises, as ruled by Justice Ludeke, that the senior officials would negotiate with the unions this week, such negotiations did not in fact occur and that actually the company reneged on that arrangement. [More…]
-Recently Mr Justice Hutley, a respected judge of the New South Wales Court of Appeal, made a submission to the New South Wales Law Reform Commission on the standards of the legal profession. [More…]
I hope that members of the legal profession, at least, in this House will be mindful to send submissions to the Law Reform Commission to canvass the points raised by Mr Justice Hutley. [More…]
What a long way to go before these people will receive anything resembling justice from the white man. [More…]
We do not care about the justice of the situation. [More…]
It is a question of combat and rights, skill and ability to get justice determined by somebody who is impartial. [More…]
I am concerned on another matter that the honourable member for Grey has raised tonight, which is that the Government has found a new dodge to escape from the people’s cry for justice with regard to the provision of television and proper telephone services. [More…]
I am staggered that the Labor Party is opposing what, on the face of it, is a very fine move in the question of social justice which will give legal aid to people who at present have been denied it. [More…]
He was quite right when he said that some time ago that was not the situation but as a result of the progressive social justice reform of this Government in these new guidelines, that situation is now altered. [More…]
The reason why Lionel Murphy, now His Honour Mr Justice Murphy, a judge of the High Court of Australia, introduced this set-up when he was Attorney-General- it was opposed by the conservatives and Tories who sat opposite us- was that he knew as well as we in the Labor Party knew that there were people in our community who were being denied justice because they had no shekels in their pockets just as there were people in our community who were being denied health care because they could not afford it. [More…]
So, if justice is to prevail, access to people who are able to give advice, not judgment, ought to be free. [More…]
I think everybody- that is, everybody except the honourable member for Denison- knows that justice delayed is justice denied. [More…]
They would do it without any problem whatsoever if a client had an injustice which he wanted to have rectified and could not afford to pay. [More…]
They are concerned with seeing that clients obtain justice, They are not concerned with whether they make additional money. [More…]
With respect to other matters falling within the estimates of the Attorney-General’s Department, I wish to draw attention to several matters affecting the administration of justice at the federal level. [More…]
No contribution to a debate on the AttorneyGeneral’s Department would be complete without a favourable reference being made to the Law Reform Commission and to its chairman, Mr Justice Kirby. [More…]
In the same report he said that he had been corresponding with the Attorney-General’s Department for a number of years about the general decline of justice in the Australian Capital Territory but that no meeting had taken place between himself and the Attorney-General’s Senior Private Secretary even to discuss the matter. [More…]
Clearly, the Attorney-General is out of touch and is out on a limb in his view that Mr Kilduff is exaggerating the poor state of justice in the Australian Capital Territory. [More…]
A mere rudimentary sense of justice- that is all that guides me- would cause me to make that point. [More…]
Mr Justice Kirby has retained that courtesy title. [More…]
The fact that it has received that support means that it needs to be very careful indeed not to step over into the area of proselytising or arguing its case and it needs to interpret very carefully what the term ‘the modernisation of the law, the testing of current opinion as to what is equity and justice in particular cases’, means to the Commission. [More…]
I think that legal aid was an important step forward in the administration of justice in this country and in making the law available to all people on an equal basis. [More…]
The Government has noted that the Shah has promised that the military administration will be an interim measure and that he has reaffirmed his commitment to the holding of free and fair elections, social justice and freedom from repression. [More…]
Mr Justice Woodward in the Aboriginal Land Rights Commission Report of 1974 indicated that he could see no reason why areas should not be both owned as Aboriginal Land and declared as national park. [More…]
I think that this is in complete accord with the principles of justice for criminal offences or quasi-criminal offences as learned by first-year law students. [More…]
On 2 April 1974, a Working Party Report, including a draft Defence (Discipline and Justice) Bill, was tabled in’ Parliament. [More…]
These reclassifications stem from recommendations of the Committee of Reference for Defence Force Pay, an independent body under the chairmanship of Mr Justice Coldham, a Deputy President of the Conciliation and Arbitration Commission. [More…]
As Mr Justice St John ruled that any decision to stand down employees without pay was outside the award that governed Telecom employees but within the Telecommunications Act, can the Minister inform the House whether he considers any action should be taken to resolve the confusion which now exists in the minds of Telecom employees? [More…]
I do know that during the concluding stages of the Telecom dispute Justice Gaudron of the Commonwealth Conciliation and Arbitration Commission decided that stand-down without pay was valid where people put bans on work which was at their normal place of work and which they were normally required to do, but that if they were required to move away from their normal place of work to somewhere else and therefore to do work which they were not normally required to do they should not be stood down without pay. [More…]
I refer firstly to the judgment of the Acting Chief Justice, His Honour Mr Justice Gibbs. [More…]
The court must decide which aspect of the public interest predominates, or in other words whether the public interest which requires that the document should not be produced outweighs the public interest that a court of justice in performing its functions should not be denied access to relevant evidence. [More…]
I turn to the outstanding judgment of His Honour Mr Justice Stephen. [More…]
1 ) Has he welcomed the Statement of Concern prepared by the Catholic Commission for Justice and Peace. [More…]
Has his attention been drawn to assertions in that document that (a) the economic downturn has been used to justify the cutting of expenditure and the breaking of election promises, (b) land rights are an urgent issue of national justice, (c) mining in Arnhem Land could be as destructive of societies and produce the same long-term effects as the dispossession in the rest of the continent, (d) even more threatened are communities in Western Australia and Queensland who have neither land rights nor the Northern Territory Act’s protection, (e) if contracting parties are too unequal, consent does not guarantee justice and the rule of free agreement remains subservient to natural law, (f) traditional owners are opposed to Ranger mining but feel oppositon is futile, (g) many government institutions apply assimilationist pressures, and (h) predators grant liquor licences against the objections of community leaders and Councils. [More…]
Hood, Justice of the Peace. [More…]
Hood, Justice of the Peace, is the unmarried name of Mr Walsh’s step-mother. [More…]
I believe that if the New South Wales Government had concern for integrity in relation to this matter, as a result of the interference of the Leader of the Opposition it would say that the matter cannot be heard properly and fairly and with justice and would therefore cease the inquiry if it were concerned for justice. [More…]
It was known and it is still known that the course of justice can be subverted, that the course of justice can be destroyed, by improper debate in a parliament about a matter that is before a court upon whose judgment the future and faith of individuals or of the people can depend. [More…]
It has come to stand for a principle of social and political justice, particularly for the Aboriginal people. [More…]
In particular, I refer to the criticism of the Minister by Mr Justice Aickin at page 78 of that judgment, where he dealt with an affidavit of the Minister in which the Minister referred to meetings of the Australian Loan Council. [More…]
Within the Nilsen case the background to it all was traced by the judge or justice who heard the appeal. [More…]
Taxpayers have been waiting since 1953-25 years ago- to see justice done and seen to be done. [More…]
I wish to deal particularly with the minority judgment of Mr Justice Murphy in the High Court in the case of the Commissioner of Taxation, the appellant, and South Australian Battery Makers Pty Ltd, the respondent. [More…]
The Acting Chief Judge was Justice Gibbs. [More…]
The other judges were Justice Stephen, Justice Jacobs, Justice Murphy and Justice Aickin. [More…]
I will quote from Justice Murphy’s judgment one or two paragraphs which I think are of vital importance. [More…]
In his minority judgment Justice Murphy also said: [More…]
More than 20 years ago Mr Justice Kitto said in the case of the [More…]
As indicated, Justice Kitto thought otherwise over 20 years ago. [More…]
Anything that it tried to do to redress injustices of this kind at that time was blocked in the Senate. [More…]
On what date was he made aware of the fact that Mr Justice McGregor had completed the taking of evidence. [More…]
10) Is there any significance in the fact that he returned to Australia after Mr Justice McGregor had completed the taking of evidence. [More…]
Mr Justice St John said the only evidence of loss or damage was ‘inconclusive and scanty’. [More…]
Firstly, why did he seek advice from the Chief Justice against constitutional precedent without the knowledge and in defiance of the wishes of his Prime Minister? [More…]
Justice, equity and the proper performance of a statutory and constitutional role are not matters that impress these people. [More…]
It was settled by Justice Gaudron ‘s having the intelligence to convene a conference on a Sunday to get those disputants together and to get the effective processes of conciliation and arbitration working. [More…]
I claimed over there in Jamaica at the Commonwealth Conference last September, that Australians wanted to see racism not only eliminated in South Africa and Rhodesia but eliminated from the face of the earth so that justice might flow down like a mountain stream until the injustice that has existed too long is over. [More…]
The new Parliament House which is now to be built will take its place amongst the other great buildings which symbolise our culture, learning and system of justice. [More…]
The statements made about Mr Justice Fox and the eminent position to which he has been appointed as a roving ambassador on these general problems on behalf of the Austraiian Government, would lend support to that proposition. [More…]
Can there be stronger, more succinct recommendations than those made by Mr Justice Fox on this very point? [More…]
I think they will do justice and fairness to the Australian taxpayers in the future. [More…]
The letter refers to a royal commission report by Mr Justice Sweeney which made the point that the Act as at that date made no provision for the reporting of financial information to the membership. [More…]
So, before you hurl another mouthful of abuse at Mr Justice Sweeney or me, what about reading his report and getting your facts right on the nature of the amendments I put through the Parliament? [More…]
You then abused me about the appointment of Mr Justice J. [More…]
May I again inform you that it was not I who appointed Mr Justice Sweeney as you allege? [More…]
To help you with the facts, may I tell you that Mr Justice Sweeney did not present his final report to the Parliament until 25 May 1976? [More…]
Mr Justice Sweeney made the point that the Act as of that date made no provision for the reporting of financial information to the membership. [More…]
So, before you hurl another mouthful of abuse at Mr Justice Sweeney or me, what about reading his report and getting your facts right on the nature of the amendments I put through the Parliament? [More…]
The appropriately named Charles Justice, who invented the clamps for holding condemned prisoners in the electric chair, was himself electrocuted for murder. [More…]
The mock trials of Orlov, Scharansky, Ginsberg and the Baltic dissident Petkus besmirched the name of justice in the eyes of all right-thinking men and women in all corners of the globe. [More…]
Papua New Guinea on a permanent and equitable basis with justice for all concerned. [More…]
The Chairman of the Remuneration Tribunal, the honourable Mr Justice W. B. Campbell, has been elected Chancellor of the University of Queensland. [More…]
As the Minister for Employment and Industrial Relations (Mr Street) has explained, Mr Justice Campbell, who is the Chairman of the Remuneration Tribunal and the Academic Salaries Tribunal has now been elected chancellor of the University of Queensland. [More…]
In other words the Chairman, Mr Justice Campbell, was a common denominator on both tribunals. [More…]
So there is a combination of need and justice. [More…]
That is justice. [More…]
However, if protection can be justified on social grounds clearly, on the basis of justice and equity, it should be provided through a bounty rather than a tariff or a quota. [More…]
If it is deemed in Australia’s national interest that such protection should be afforded to a particular industry, on the basis of justice and equity, a bounty is the appropriate mechanism for providing such assistance. [More…]
In the interests of justice and propriety, such a suggestion should be rejected soundly. [More…]
I would welcome the move because I believe that justice not only has to be done but also has to be seen to be done. [More…]
He has put it on trial this morning because out of his mouth has come such a cataract of confession that forever we will ignore the rules of natural justice. [More…]
But the rules of natural justice are there. [More…]
They bind us all in everything we do in this world, whether we like it or not, and the whole body of natural justice must revolt against this proceeding. [More…]
It is as fundamental to natural justice as anything else that I can conceive that evidence which has not been cross-examined is not worth very much. [More…]
Our people have not trudged across the centuries to build up justice for simple-minded people, malevolently minded people such as the honourable member to wash those efforts away. [More…]
to (3) As the honourable member would know, this Government adheres to the policy established by the then Prime Minister Mr Chifley in 1949, followed by successive Governments since that time, and endorsed by Mr Justice Hope at paragraph 781 of the Fourth Report of the Royal Commission on Intelligence and Security, namely that neither details of the Australian Security Intelligence Organization nor its operations are disclosed. [More…]
I would, however, draw the honourable member’s attention to the comments of Mr Justice Hope on this general topic contained in paragraphs 195 to 199, and 464 to 467 of the first volume of the Fourth Report of the Royal Commission on Intelligence and Security. [More…]
Public servants exercising discretionary powers are, of course, bound to exercise those powers in accordance with any applicable statutory and common law rules, including principles of natural justice. [More…]
The desirability of separately identifying Aboriginals in criminal justice statistics has been raised by the AttorneyGeneral with State Attorneys-General. [More…]
If so, is a major reason for this escalation changes in design which have been initiated by the Chief Justice, Sir Garfield Barwick. [More…]
What alterations in design have been recommended by the Chief Justice, and what is the estimated additional cost for each of them. [More…]
With regard to the procedure followed when the Chief Justice’s recommendations are made, (a) to whom are they made, (b) are they subject to independent evaluation and, if so, by whom and (c) who authorises the alterations. [More…]
The development of the design has called for the closest collaboration between the architects, the builder, the National Capital Development Commission and the user, represented principally by the Chief Justice and the Attorney-General’s Department A great deal of reliance has been placed on the user in relation to the functional requirements for the High Court, and in this respect the contribution and continuing interest of the Chief Justice has been of outstanding value. [More…]
In particular, I refer to the criticism of the Minister by Mr Justice Aiken at page 78 of that judgment, where he dealt with an affidavit of the Minister in which the Minister referred to meetings of the Australian Loan Council. [More…]
In the foreign affairs sections it says that the Labor Party would: give firm and unwavering support to the United Nations and its agencies and to the United Nations Charter, and make every effort to secure the United Nations as an effective instrument for justice and peace and political, social and economic advancement; [More…]
I wish to refer now to evidence given by Professor Carey to the royal commission into urban transport conducted by His Honour, Mr Justice Neasey, one of the finest judges not just in Tasmania but in Australia. [More…]
This amendment was described in the legislation committee as a natural justice provision, and I am in sympathy with the thought that lay behind it. [More…]
Whilst embracing the attitude adopted by the two honourable members, namely, that we want to give everybody the opportunity to be treated with complete fairness and complete justice, it just would not be administratively possible to allow what could be a tremendous number of people, who may believe, and may believe wrongly, that the implied criticism was directed at them, to make individual representations. [More…]
The surcharge provisions were the only measure by which some retribution- if you like to call it that- or justice could be meted out. [More…]
It is another case about which the peak public service unions would be very concerned if there were any thought that a type of rough justice were handed out. [More…]
I commend to the Minister that, in the early stages of the application of these provisions, a certain amount of discretion be used so that a type of rough justice is not handed out and so that unnecessary friction can be minimised. [More…]
Subsequent to that I sought legal advice from Mr Justice Meares who is the legal adviser to the Joint Committee of Public Accounts. [More…]
We hear from the other side a great deal about the Whitlam Government, but we do not hear about the successive governments in the postwar period which, in fact, created the situation where it was necessary for a government, in any sense of fairness and justice to the pensioners of this country, to award the kinds of massive increases that occurred during Labor’s terms in office. [More…]
All that rubbish about Labor getting the country into hock, the single-minded obsession of the Prime Minister with depressing wages and endeavouring to reduce inflation at whatever the cost, the huge transfers involved to enable strong industries to make higher and higher profits while displacing workers, the millions going over to mining companies that have reduced employment while increasing thenprofits, the elimination of every vestige of wealth taxes, and here we are still in hock, and we find that the pensioners of this country cannot even get the kind of justice that they were promised and repromised over a period of three years. [More…]
We will know once and for all whether the Fraser Government is prepared to give justice to pensioners with the restoration of twice annual adjustments to pensions. [More…]
For example, there was a possibility of one point of conflict as a result of the Heritage Commission Act involving matters that had been the subject of Mr Justice Fox’s environmental reports and it does not seem to make much sense to have the possibility of conflict of that kind. [More…]
I recognise the need for clear and consistent wages policy guidelines, but they must be guidelines which are based upon a sense of equity and justice, and that is what we do not get from the present Government. [More…]
We can only do this by providing equity and justice to people living in all areas. [More…]
Then of course there was the attack on the Conciliation and Arbitration Commission because it dared to give some semblance of equity and justice in regard to the national wage case. [More…]
We know full well the problems of the back bench and of people such as the honourable member for Lilley (Mr Kevin Cairns) having to speak out in a sense of honesty and justice about what their electorates feel and about what the Press and the media understand and have been telling the nation. [More…]
It is one of justice and fairness. [More…]
The desirability of reviewing the existing law relating to offences at sea was referred to by the Chief Justice of the High Court, Sir Garfield Barwick, in 1974 in the case of The Queen v. Bull reported in Volume 131 of the Commonwealth Law Reports, at page 203. [More…]
They have met under the chairmanship of Mr Justice Coldham and they have also met by themselves. [More…]
Further attempts to settle what is potentially a very serious dispute will proceed, I understand, the day after tomorrow, before Mr Justice Coldham in the Commission. [More…]
Mr Justice Mason said to the Eighteenth Australian Legal Convention that the technique of the ministerial statement by which it is announced that at some time in the future the law will be amended to take effect from the date of the statement had obvious dangers. [More…]
His Honour Mr Justice Albert Edward Woodward. [More…]
I hope that His Honour Mr Justice Woodward will be available for many years to serve this nation as Director-General of Security. [More…]
I only hope that when Mr Justice Woodward was cross-examined by the honourable member His Honour had the assistance of counsel to represent him. [More…]
I have spoken very plainly to Mr Justice Bowen in relation to those matters- to the inquiry. [More…]
Mr Justice Williams put the proposal to the New South Wales Royal Commission of Inquiry into Drug Trafficking, which also supported it. [More…]
Mr Justice Williams wrote to me outlining the proposal. [More…]
I believe that Mr Justice Williams is to be congratulated for his initiative. [More…]
The dispute is scheduled to go before Mr Justice Coldham tomorrow morning in Melbourne. [More…]
Any magistrate, any justice of the peace, upon hearing the honourable member for Batman (Mr Howe) would ask at the end of the honourable member’s diatribe: ‘What is your allegation? [More…]
It is a minority judgment by Mr Justice Murphy. [More…]
I think that it is generally accepted throughout the legal profession and in the Taxation Office itself that this minority judgment of Mr Justice Murphy is an outstanding judgment. [More…]
Mr Justice Murphy goes on to say: [More…]
Mr Justice Murphy concludes: [More…]
It ought to be remembered that the Chief Justice practised as a leader of the Sydney Bar and, beyond question, built up a reputation for giving final approval to tax dodging schemes submitted by solicitors - [More…]
That decision laid down principles which the Australian High Court followed for many years until the current Chief Justice presided. [More…]
It certainly does not class tax avoidance in the eyes of the learned justice as something that should be frowned upon, nor does it suggest that the person who does avoid tax should be frowned upon for making someone else carry his burden. [More…]
The learned justice called it an ingenious trick, and said, however unappreciative his fellow taxpayers may be of his ingenuity’. [More…]
I am pleased to be able to inform the House, moreover, that the grand jury inquiry into the uranium marketing arrangements has been concluded and that no proceedings by the United States Justice Department have been instituted against any Australian company in consequence of that inquiry. [More…]
That allowed for a period during which the heads of agreement on which the consultations took place could be considered in detail by the Department of Justice and other United States departments involved. [More…]
The concept of an independent tribunal, combining the functions of both of the current repatriation tribunals was proposed by Mr Justice Toose in his Independent Inquiry into the Repatriation System. [More…]
But I also emphasise that the essential principles of the repatriation appeals system- those that have protected appellants and conferred upon them rights to ensure that every opportunity is given to them to achieve justice- are being retained. [More…]
After his savings were defrauded in the H. G. Palmer crash on the recommendation of the MLC, he went to court to get justice in Australia. [More…]
The New South Wales Attorney-General, Mr Walker, is the only person who has advised investors in ASL- of which many were employees of Sir Reginald Ansett who advised his employees to invest in ASLthat they should seek legal advice with a view to getting legal justice as Clive Evatt did. [More…]
Is the Minister aware of the need for justice to be manifestly seen to be done when the Government is both the prosecution and the funder of the defence? [More…]
The Rae Committee also referred to a comment by Mr Justice Street, the present Chief Justice of New South Wales, when dealing with a firm known as John T. Martin and Co. Talking about its deficiencies, he said: [More…]
The discretion of a court to set aside a property settlement order will be exerciseable where there has been a miscarriage of justice arising from circumstances other than those now specified by the Act, such as fraud or false evidence. [More…]
-Has the Minister for Health appointed Mr Justice Ludeke to conduct an inquiry into medical fees and decided that the proceedings will be held in private? [More…]
Mr Justice Ludeke, who happens to be a Deputy President of the Conciliation and Arbitration Commission, has been engaged to conduct the inquiry and he will make his determination public. [More…]
In keeping with the Government’s commitment to civil rights and administrative justice, this Bill seeks to provide a proper legislative basis for passport policy and a clear legislative framework for the exercise of ministerial discretion, which must continue to be an essential element in the administration of this difficult area. [More…]
I should also explain the position taken by the Government in this legislation in relation to withholding passports from persons generally known as ‘white collar criminals’ who are suspected of attempting to escape from justice. [More…]
We might extend justice and equity to 100,000 people but will leave 8,000 or 10,000 out in the cold. [More…]
On a previous occasion I have met with Mr Justice Toose and the Secretary of the Department, Mr Kingsland, in regard to the proposal by Mr Justice Toose that there ought to be legal representation at the appeals. [More…]
As Mr Justice Toose put it, it seems wrong that an ex-serviceman can use a deregistered barrister with all his ability- as well as the disability which led to his deregistration- to appear for him whilst he cannot use a registered barrister. [More…]
I am not aware that this happens, but it is an extreme position put by Mr Justice Toose. [More…]
The concept of an independent tribunal combining the functions of both the previous War Pensions Entitlement Appeal Tribunals and the assessment appeal tribunals was proposed by Mr Justice Toose in his independent inquiry into the repatriation system. [More…]
Mr Justice Toose did recommend that section 47 of the Act be amended or abolished. [More…]
But what did the Government do about Mr Justice Toose ‘s recommendations on statutory bodies for determination of claims? [More…]
As a matter of fact, Mr Justice Toose made a suggestion about legal representation, but when we referred that to the veterans’ organisations, especially the RSL and the Australian Veterans Defence Services Council, they were very much opposed to that type of representation. [More…]
The Government had a look at this matter and honourable members will remember that Mr Justice Toose in his report suggested this means. [More…]
As a result of looking at the recommendations of Mr Justice Toose and from talking to the organisations we feel that this is a way that ought to provide a framework for a better system. [More…]
Well, on matters of a law, for instance, there has been no satisfactory recourse for anybody who feels that he has not received justice. [More…]
We have done something along the lines suggested by Justice Toose. [More…]
the rule is not inconsistent with the principles of justice generally recognised by states that have reasonably developed legal systems. [More…]
Some of that moral concern has been present among those advocating extraterritorial extension of anti-trust legislation- at least among the lawyers and in the Justice Department, if not at Westinghouse. [More…]
The royal commissioner, Mr Justice E. S. Williams, fully supported the Government in this approach. [More…]
Those in this House, from whichever side we come, who disagree with us on these judgments are seen very often to be in league with those enemies of justice and humanity. [More…]
Before we pride ourselves as much as we so often tend to do on our justice and humanity as one of the fair nations of this world, let us remember that there is no nation that does not have some blood on its hands. [More…]
I do not want to argue the justice or otherwise of it; I simply point out that as a result of that conflict Vietnam, at the end of the war, was a devastated country. [More…]
If the honourable member for Gellibrand or the Leader of the Opposition (Mr Hayden) believed in the fairness of the tax system for the ordinary wage earner- that 90 per cent of the Australian community who pay 3 3 tec in the dollar taxation- they would realise the equity, the justice and the responsibility of tax indexation. [More…]
There is then the failure to appoint a permanent chairman until last week or the week before last following the resignation of Mr Justice Williams. [More…]
The appointment of Mr Colin Conron came 16 months after the resignation of Mr Justice Williams. [More…]
Putting aside the fact that petrol is going to be a precious commodity and the talk of conservation, the PJT, under the careful scrutiny of the Minister, will look into the oil industry and make absolutely certain that the oil company giants will be called to justice for the first time and that the motorists and the consumers of petrol in Australia will be given a fair and just go. [More…]
No doubt we will hear the Leader of the Opposition (Mr Hayden) very shortly putting once again a case for a rigid price control mechanism and he will say that this is justice because of the need for indexation. [More…]
The Family Court in Western Australia is operating very successfully, due very much to the efforts of its Chief Justice, Mr Justice Barblett. [More…]
Indeed, it was the expressed, and publicly expressed, view of Sir Owen Dixon, Australia’s greatest Chief Justice of the High Court, that the High Court of Australia should travel into every State of Australia and should be accessible to the citizens of Australia whether they live in Hobart, Rockhampton, Brisbane or Bunbury. [More…]
I refer to the question of whether we should have a single system of the administration of justice in this country; in other words, whether we should have a single system whereby, for example, all courts were Federal courts. [More…]
I want to say that the argument has been canvassed by many distinguished and eminent jurists and lawyers and for my own part I prefer the view which has been expressed publicly on this question by Sir Laurence Street, the Chief Justice of New South Wales. [More…]
Therefore, like Sir Laurence Street, the Chief Justice of New South Wales, I enter the debate to issue a word of caution. [More…]
We wish the Bill well but we hope that it will be kept under review and that an assurance will be forthcoming that nothing will come from this legislation which will deny justice to anybody in this country. [More…]
Only recently the Chief Justice of the High Court of Australia, Sir Garfield Barwick, completely reversed his decision on territorial representation. [More…]
The new provisions will allow the setting aside of maintenance agreements whenever there has been a miscarriage of justice. [More…]
The concept of miscarriage of justice is one that is well known in law and one that allows much greater flexibility than the narrow concept at present in the Act. [More…]
In Davidson’s case in 1969 Mr Justice Menhennitt ruled as follows: [More…]
The Menhennitt judgment is a decision of a single justice of the Victorian Supreme Court. [More…]
In the case of R. v. Davidson in the Supreme Court of Victoria, Mr Justice Menhennitt held that a doctor . [More…]
In the New South Wales case of R. v. Wald and others in 1971, Mr Justice Levine, in applying the Menhennitt rule, held that it would be for the jury to decide whether there existed in each case any economic, social or medical grounds or reason which, in its view, constituted reasonable grounds upon which a doctor could honestly and reasonably believe there would result a serious danger to her physical or mental health. [More…]
Counsel have been briefed to advise on the current validity of the principles of judicial reasoning and decision of Mr Justice Menhennitt in R. v. Davidson ( 1969) V. R. 667 in which His Honour ruled on the circumstances which constituted the ‘unlawful’ use of an instrument to procure a miscarriage, an offence pursuant to Section 65 of the Crimes Act, 1958 (Victoria). [More…]
Mr Justice Menhennitt inter alia, dealt with the element of unlawfullness in the charges. [More…]
With great respect to His Honour he suffered from a great lack of binding authority, he did not re-examine the reasoning of Mr Justice Menhennitt in R. v. Davidson but uncritically applied the persuasive decision of a Superior Court in Victoria, albeit one based on the repeatedly discredited principle of ‘necessity’. [More…]
In the course of his judgment, Mr Justice Anderson said, at p. 539,: [More…]
Mr Justice Harris also commented on the defence of necessity in the above case. [More…]
Mr Justice Starke agreed with the reasons and conclusions of Anderson J. [More…]
Mr Justice Menhennitt made no reference to the leading authority of R. v. Dudley & Stephens and either did not apply his mind to, or dismissed as irrelevant, the elements of unavoidability and immediacy. [More…]
In summary it is our opinion that the legal reasoning of Mr Justice Menhennitt, relying on the principle of necessity, as a defence to a criminal charge in R. v. Davidson would not be confirmed by the Full Court of the Supreme Court of Victoria. [More…]
given by His Honour Mr Justice Menhennitt in R. v. Davidson is wrong and would not be approved by a Superior Court. [More…]
In summary it is our opinion that the legal reasoning of Mr Justice Menhennitt, relying on the principle of necessity, as a defence to a criminal charge in R. v. Davidson would not be confirmed by the Full Court of the Supreme Court in Victoria. [More…]
It is our further opinion based on the reasons for judgment in the appellate decisions of the Victorian Full Court in Wood v. Rama and R. v. Dawson that the definition of unlawfully’ in section 65 of the Crimes Act 1958 (Vic) given by His Honour Mr Justice Menhennitt in R. v. Davidson is wrong and would not be approved by a Superior Court. [More…]
The name of Mr Justice Menhennitt has been mentioned already. [More…]
The House will see that the first phrase that is used in the definition by Mr Justice Menhennitt is ‘necessary to preserve a woman from serious danger’. [More…]
In other words, I stood firmly on the decisions of Mr Justice Menhennitt and Judge Levine. [More…]
The proper way to go about correcting this is to ensure that the Liberal Government in Victoria and the Labor Government in New South Wales administer the law according to the decisions of either Mr Justice Menhennitt or Judge Levine. [More…]
The Victorian legislation was interpreted by Mr Justice Menhennitt in 1969. [More…]
What action does the Government propose to take to ensure the validity of the Tribunal hearings and that justice is not only done but also is seen to be done? [More…]
Benedicto Kiwanuka, The Chief Justice and former Prime Minister. [More…]
Let us hope that we can decide to act in this House today with compassion and justice, certainly for the unborn, but also for the unfortunate women and their families. [More…]
There is no way that 60,000 abortions each year could be described as being within the rulings of Mr Justice Menhennitt and Judge Levine. [More…]
Out of that came Mr Justice Levine’s interpretation of the existing abortion law in Sydney which has been referred to on many occasions in this debate. [More…]
Normally accepted precepts of justice would require such people empirically to prove their case beyond all reasonable doubt. [More…]
I am concerned that an attack has been made on Mr Justice Menhennitt himself on a number of occasions. [More…]
Let me as a former Victorian parliamentarian and a current member of the legal profession in Victoria say this: No judge in the Supreme Court of Victoria has a higher reputation amongst members of the Bar or members of the legal profession than Mr Justice Menhennitt. [More…]
I deplore the attacks upon the integrity of Mr Justice Menhennitt. [More…]
I find it interesting that for many years after that judgment and its implications were known, at no stage in the Victorian Parliament were Mr Justice Menhennitt or that judgment attacked by any member from any party. [More…]
The attack has had to come from the Commonwealth Parliament and we have had to drag in a legal opinion from a couple of barristers in New South Wales, who have no knowledge of the Victorian jurisdiction or of the reputation of Mr Justice Menhennitt, to try to destroy the efficacy of that decision. [More…]
-Some considerable time ago, I think at the invitation of the Chief Justice, I made arrangements to visit the site of the High Court building this afternoon with the Chief Justice. [More…]
But if there is any suggestion- I am sure it would not come from the honourable member- that in case the visit was seen as provocative the Chief Justice and I should not go to the site, then that is just not on, any more than it is on that I cease to use Commonwealth car No. [More…]
The Chief Justice of NSW, Sir Laurence Street today called an MP action in personally intervening in a case a grave impropriety ‘. [More…]
It ought to be a wellknown and jealously observed precept that no person should ever attempt to influence because of justice - [More…]
I think it should be ‘the course of justice’. [More…]
Justice is administered in open court and in reliance upon evidence and arguments publicly presented, the Chief Justice said. [More…]
It has been brought to my notice that the Chief Justice of New South Wales, Sir Laurence Street, has called a letter written by me to him - [More…]
It has been brought to my notice that the Chief Justice of New South Wales, Sir Laurence Street, has called a letter written by me to him a grave impropriety. [More…]
It was certainly not my intention in any way to embarrass the Chief Justice and I have written separately to him to extend my apologies. [More…]
I stand by the comments I made in my letter to the Chief Justice and regret that his receipt of it should have proved in any way embarrassing. [More…]
In keeping with the Government’s commitment to civil rights and administrative justice, this Bill seeks to provide a proper legislative basis for passport policy and a clear legislative framework for the exercise of Ministerial discretion, which must continue to be an essential element in the administration of this difficult area. [More…]
I further seek the assurance of the Minister that the signature on the consent in writing required under new section 7A 2 (a) will be required to be witnessed by a justice of the peace, police officer or some other person of similar official status known to the person alleged to be giving consent. [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…]
Obviously, it is essential that changes be entered into responsibility to prevent persons escaping justice. [More…]
An appeals tribunal is needed so that everybody will be satisfied, irrespective of who is the Minister, that justice will be performed. [More…]
Justice of the New South Wales Supreme Court, Mr Justice Taylor, in the case of the Crown versus McMahon, Nestel and others. [More…]
After a long trial, Mr Justice Taylor ordered the jury to find the directors not guilty. [More…]
Mr Justice Taylor’s judgment established a precedent which was soon followed by Mr Berman, S.M. [More…]
Mr Berman dismissed the charges on the same grounds as laid down by Mr Justice Taylor. [More…]
Mr Justice Gillard, sentencing Cornelius after the Barewa case . [More…]
Mr Justice Gillard said he had little sympathy for the victims of the conspiracy, who were speculators in the mining boom. [More…]
Mr Justice Gillard said he had been tempted to impose a non-custodial sentence upon Cornelius until he had learned that Cornelius and another man had plotted to steal about 400 exhibits . [More…]
I draw the attention of the House to a most intemperate and ill-considered outburst by the Chief Justice of New South Wales against one of the most respected members of this Parliament. [More…]
It is a matter of profound regret that the Chief Justice appears to be so far removed, remote and uninformed as to what actually happens in similar circumstances in courts below that of the court of appeal. [More…]
That was all that was intended by the honourable member for Macquarie and it is sad reflection on the Chief Justice himself that he could not see the wood for the trees and that he proceeded with all due dispatch and reckless haste to place a dark and sinister interpretation on the actions of the honourable member as instanced by his use of the words ‘grave impropriety’. [More…]
The Chief Justice complains that the letter was written to him personally. [More…]
He himself has fallen into grievous error when he describes the member’s action as being taken to attempt to influence the course of justice by making a personal approach to him. [More…]
From what the Chief Justice has said, he has deluded himself into believing that the letter’s intended destination was firstly for his own eyes and thence into his back pocket. [More…]
By the use of the grossly excessive and uncalled for verbiage to which I have referred the ordinary reasonable man in the street reading it could easily come to the conclusion that the Chief Justice was severely castigating the honourable member for an alleged attempt to pervert the course of justice which is inherent in the words he used. [More…]
To attempt to pervert the course of justice is a crime well known to the law and one which ranks high on the criminal calendar. [More…]
-Mr Deputy Speaker, tonight we have heard a most extraordinary attack by a member of this House and member of the New South Wales Bar, upon the Chief Justice of the - [More…]
Whilst I have much respect for you, Mr Deputy Speaker, I find it extraordinary that an attack of this nature is permitted upon the Chief Justice of the Supreme Court of New South Wales, a person whom nobody here could claim has loyalty to the Australian Labor Party or anything of that nature. [More…]
This is a matter of the Chief Justice of the Supreme Court of New South Wales being attacked and not being protected in this Parliament. [More…]
I think that it was a most disgraceful action on the part of the honourable member for Phillip to attack the Chief Justice of the Supreme Court. [More…]
The facts are that tonight a member of the New South Wales Bar came into this Parliament to attack the Chief Justice of the Supreme Court. [More…]
What happened when the parties met before Justice Gaudron? [More…]
Indeed, that is what Mr Justice Moore said in granting a full flow-on at the last case which was the first six-monthly hearing. [More…]
This Bill makes provision for payments in lieu of long leave not taken upon the death in office or the retirement of a justice of the High Court. [More…]
The Government believes that payments to High Court justices such as those dealt with in this Bill should not depend upon the exercise of executive discretion but on legislation. [More…]
It is appropriate, however, that the provisions for justices of the High Court be made in a separate Bill because of the special position occupied by that Court which is the court established under the Constitution whereas other federal courts are created by the Commonwealth Parliament. [More…]
The Bill provides for the payment on the retirement of a justice who has completed not less than 10 years’ service, or on the death of a justice irrespective whether he has completed 10 years’ service, of an amount calculated at the rate of 5.2 weeks for each completed year of qualifying judicial service or an amount equivalent to one year’s salary whichever is the lesser. [More…]
If after ten years a justice retires or dies in office without having taken any long leave, he, his widow or dependants, as the case may be, shall be paid a sum equal to the amount of one year’s salary as at the date of his retirement or death. [More…]
I stress that in no circumstances will a payment under the Bill exceed an amount equal to a justice ‘s annual salary. [More…]
If on the other hand a justice should die in office before he completes 10 years’ service an amount is payable calculated on the basis of 5.2 weeks for each year of his service. [More…]
When a justice retires the payment is, of course, to be made to him. [More…]
If, however, a justice dies in office payment is made to the spouse or, if there is none, to his dependants, or in any other case to the legal personal representative. [More…]
The Bill also provides that where a payment is made to dependants of a deceased justice the amount payable shall be distributed between or among those dependants as directed by the Attorney-General. [More…]
I refer honourable members to the report of the Royal Commission into Matters Relating to Norfolk Island, headed by Mr Justice Nimmo. [More…]
The Opposition is quite unequivocal that we ought to take up in some form or other the recommendation of Mr Justice Nimmo that the islanders ought to be represented in this Parliament. [More…]
When he went to the highest court in Pakistan, the situation was that of a bench of seven, which originally was nine, three judges were for acquittal, three were for conviction, and the casting vote of the Chief Justice went for conviction. [More…]
I refer to men such as Mr Beach, who is now a Supreme Court Judge, Judge Frederico and Mr Justice Gowans. [More…]
In the time available to me I want simply to reiterate the facts, not as alleged by me but as found by Mr Justice Gowans. [More…]
But what did Mr Justice Gowans find? [More…]
Of course Mr Justice Gowans - [More…]
-Sir, it was not open to or possible for Mr Justice Gowans to indict the Cabinet as such because that was outside his terms of reference. [More…]
In the specific case that I mentioned, that of Mr Justice Beach, he waited longer for appointment than any other commissioner or royal commissioner in modern history. [More…]
They talk about human dignity, freedom, justice, peace and all the other essentials which constitute what humanity is about. [More…]
Now the Department of Justice, the United States Department of Justice, sued General Motors as well as all the other automobile makers in the late sixties for a conspiracy existing since 1953 to preclude and prevent the development of any pollution control equipment for automobiles. [More…]
I note that the case was finally settled by a consent decree which, in effect, admitted the factual allegations brought by the Department of Justice. [More…]
For instance, the Northern Territory Legislative Assembly has powers and duties in respect of the maintenance of law and order and the administration of justice. [More…]
Norfolk Island should be thereby separated from the said Colony of Van Diemen ‘s Land (now called Tasmania) and that from that date all power, authority, and jurisdiction of the Governor, Legislature, Courts of Justice, and Magistrates of Tasmania over Norfolk Island should cease and determine, and that from the said date Norfolk Island should be a distinct and separate Settlement, the affairs of which should until further Order in that behalf by Her Majesty be administered by a Governor to be for that purpose appointed by Her Majesty with the advice and consent of Her Privy Council: and it was thereby further ordered that the Governor and Commander-in-Chief for the time being of the Colony of New South Wales should be, and he thereby was, constituted Governor of Norfolk Island, with the powers and authorities in the said Order mentioned: [More…]
These amendments in part insert a provision which is intended to ensure proper provisions relating to the granting of pardons, remissions of penalties and the like so that the criminal justice system can operate adequately. [More…]
Mr Justice Alley said, when the claims came before him, that clearly the campaign to which the honourable member referred was outside the guidelines and in breach of the paid rates award. [More…]
The working party was assisted in its review by specialist reports from the Federal Co-ordinating Committee on the management aspects of the new arrangements and from His Honour Mr Justice Robinson on the operation of the port conciliator service established under the new arrangements. [More…]
The review reports concluded that, generally speaking, the new arrangements have contributed to better performance in the stevedoring industry and that they have gone a long way towards meeting those difficulties identified by Mr Justice Northrop as far back as February 1976. [More…]
Although there has been some disputation and argument between the Waterside Workers Federation and other unions which come into contact with it in relation to work that is done in or around the stevedoring industry, the extension of the conciliation procedures as set up by Mr Justice Robinson may be of some assistance. [More…]
It is, as has been reported by Mr Justice Robinson, too early to say how successful this system will be. [More…]
Although Senator Withers was held responsible for the change of name in the Queensland redistribution, we know from the evidence produced at the Royal Commission conducted by Mr Justice McGregor that it was Mr Nicholls who telephoned Mr Coleman and suggested that the name be changed in order to prevent embarrassment for the government. [More…]
How does the Minister reconcile this statement of principle with the breakdown of the public participation process at the recent Sydney licence hearings, the expulsion of public witnesses from the hearings by Commonwealth Police, and the resignation of a member of the Australian Broadcasting Tribunal, Janet Strickland, after stating that the hearings were a denial of natural justice? [More…]
It included a Supreme Court Justice, a chartered accountant, an economics professor, an official of the Victorian Treasury, a grazier and, of course, the Labor politician the honourable member for Adelaide (Mr Hurford) mentioned, the revered Ben Chifley. [More…]
One must ask why this legislation has been introduced at this particular time; that is before the Royal Commission under Mr Justice Williams makes its report. [More…]
The Royal Commissioner, Mr Justice E. S. Williams, fully supported the Government in this approach. [More…]
There is no mention in the second reading speech of the views of Mr Justice Williams as to this particular legislation. [More…]
I hope that when the royal commission under Mr Justice Williams brings down its report, it will make positive recommendations about how best drug offenders who are also drug addicts, or even simply drug users, should be treated. [More…]
The amendments that we will be proposing at the Committee stage will provide that warrants for electronic surveillance equipment may be issued only by a judge with the status of a Supreme Court Justice or Federal Court Justice. [More…]
These increased penalties are essential, not only from the point of view of retributive justice- acknowledging the tremendous destruction and ultimate death caused to young people who get hooked on the products of this trade- but also as a deterrent. [More…]
In this regard I draw the attention of the Parliament to a statement made in the Criminal Court in Brisbane by Mr Justice Stable on 28 March 1979. [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…]
The third part of the legislation deals with the property of people who have engaged in drug trafficking; people who, in an endeavour to defeat justice, in an act of defiance of the laws of the country, have sent their money to other countries or put it into real estate. [More…]
I will name one judge, Mr Justice McGregor, who is not going to get any benefit under this Bill because of that provision. [More…]
I mentioned His Honour Mr Justice McGregor. [More…]
The situation in relation to the High Court of Australia, as I think the Deputy Leader of the Opposition will be pleased to confirm, is that there have been times when, because of the illness of a judge or for some other pressing reason, it has not been possible for the Chief Justice of the High Court to release judges to take their long service leave. [More…]
I say with as much force as I can muster that to suggest in any way, shape or form that the Government’s approach to this legislation has been affected by anything Mr Justice McGregor has or has not done in recent times is a proposition which I would reject categorically. [More…]
The Deputy Leader of the Opposition did not go on to say, as one might have thought that he would, that Mr Justice McGregor will not get these benefits because of things he put in the report of his royal commission, the people he criticised or the actions that followed the release of that report. [More…]
I do not know personally Mr Justice McGregor or the Family Law Court judge affected but I do not know that whatever is decided today about this Bill will not necessarily be the final word. [More…]
It has taken the way out which will not not have much appeal to those citizens in Australian society who believe that there has to be a measure of social justice in our community, that economic sacrifice ought to begin at the highest levels of our community, and not at the bottom. [More…]
This speech is made in what I believe to be a climate of general acceptance by the community that legal expenses can be so devastating for the individual that in some instances governments must play a role in absorbing some or all of the impact to ensure justice is within reach. [More…]
The salary and allowances of Chief Justice amount to some $63,717 per annum. [More…]
In a royal commission situation- Mr Deputy Speaker, this point is relevant because Mr Justice McGregor is one judge who has been mentioned in this debate- or in the case of a government inquiry where legal representation is allowed, to pay more than would normally be allowed by the Supreme Court of a State or the High Court, on a party and party basis, is an unforgivable waste of the taxpayers’ money. [More…]
It can be argued also that when government agrees to pay outrageous fees without question it is becoming a pace setter in relation to legal fees and hence it is placing justice even further beyond the reach of Mr and Mrs Average. [More…]
But justice must not only be done; it must be seen to be done. [More…]
Above all, in justice, it is positive proof of the proposition that, if we are serious about the employment of Australian workers, it does not behove the purchaser of a particular utensil or piece of machinery to keep those workers in their jobs. [More…]
Our proceedings will be broadcast on Thursday and those taking an interest in this matter can tune in and see that justice is not only done, but is seen to be done. [More…]
(a) The decision as to whether an inquest is to be held is not a matter for my Depanment but solely the concern of the State Minister for Justice who, after he has received representations by the claimant’s solicitors or other advice, has the power to make an application to the Supreme Court for an order that an inquest be held pursuant to section 37 of the Coroners Act (NSW) 1960 (as amended). [More…]
On such application by the Minister for Justice, the Supreme Court may order that an inquest be held, [More…]
The Government’s policy is based on Mr Justice Fox’s inquiry. [More…]
Mr Justice Fox and his colleagues in their opening remarks had this to say: [More…]
We have been given no explanation why the Government has departed from the recommendations of His Honour Mr Justice Fox and the members of his Inquiry, who joined with him in the production of that very excellent document. [More…]
It has no counterargument to what Mr Justice Fox said in that report. [More…]
We are not the only ones saying that; His Honour Mr Justice Fox has said that in those clear, unequivocal, unambiguous terms and no honourable member from the Government’s side has said why the Government has disregarded Mr Justice Fox’s advice. [More…]
-I have read the article and have had discussions with Mr Justice Fox. [More…]
They are the words of Mr Justice Staples of the Australian Conciliation and Arbitration Commission, delivered on 20 April 1979 in a matter involving Australia Post and a dispute over postal drivers. [More…]
It is relevant to this debate because the so-called no work, no pay’ direction was applied in a matter involving Australia Post and the Union of Postal Clerks and Telegraphists which has been before Mr Justice Staples on a number of occasions. [More…]
Mr Justice Staples spelt out clearly and unequivocably that the Postal Commission acted in an irresponsible way. [More…]
I ask also that justice be done to those paying excess taxation since the year ended 30 June 1978 by making any favourable decision retrospective to 1 July 1977. [More…]
I would remind those who will make the decision in this matter that justice delayed is justice denied. [More…]
I suggest to honourable members opposite, many of whom have had successful business careers and many of whom when faced with questions of justice and injustice fall on the side of justice, that they should take away and examine very thoroughly this legislation to see what it really means to the people involved in terms of dollars and cents. [More…]
In early 1973 Mr Justice Woodward was appointed to examine the land situation of the Aboriginal people of Australia and to make a recommendation. [More…]
We note, for example, that the Government has extended the appointment of Mr Justice Fox as Ambassador-at-large for Nuclear Non-Proliferation and Safeguards Matters. [More…]
Mr Justice Fox is on record in a paper published in November 1978 by the International Consultative Group on Nuclear Energy as proposing quite new approaches to the avoidance of nuclear proliferation. [More…]
These reforms were recommended by the Royal Commission on Intelligence and Security constituted by Mr Justice Hope after a thorough and searching examination of the needs of the nation for a security service. [More…]
The legislation was foreshadowed in the statement of the Prime Minister (Mr Malcolm Fraser) to the House on 25 October 1977 when he outlined in broad terms the Government’s decisions to implement reforms affecting the intelligence security agencies recommended by Mr Justice Hope. [More…]
Thus, there have been substantial changes to ASIO since the appointment of Mr Justice Woodward on 9 March 1976 and particularly since the recommendations of the royal commission were accepted in 1977. [More…]
Mr Justice Woodward has instituted a rigorous system of internal checks to ensure that the Organization’s intelligence collection is geared as closely as possible to the assessed national security priorities and therefore that resources are most efficiently deployed. [More…]
I can report to Parliament that this new system, recommended by Mr Justice Hope, has brought substantial improvements to the overall management of the intelligence community and has prompted a range of on-going reforms. [More…]
Mr Justice Hope pointed out that the justification for the existence of a security organization in a democratic country should be reflected in its charter and, in particular, its functions as set out in that charter. [More…]
The provisions of clause 20 requiring the Director-General to take all reasonable steps to ensure that the work of the Organization is limited to what is necessary for the purposes of the discharge of its functions and that the Organization is kept free from any influences not relevant to its functions, follow closely the significant recommendations of Mr Justice Hope in that regard. [More…]
Further, in accordance with Mr Justice Hope’s recommendation, the provisions of the Bill relating to the Director-General, particularly as regards tenure of office and the grounds on which his appointment may be terminated, have been brought in line with provisions dealing with statutory office holders in other Commonwealth legislation. [More…]
The statutory procedures for notification of security assessments and for rights of appeal in large part implement the recommendations of Mr Justice Hope. [More…]
Mr Justice Hope concluded that legal doubts as to the nature of this relationship that had arisen under the terms of the present Act should be removed and the relationship should be clearly defined. [More…]
In Mr Justice Woodward, Australia is indeed fortunate in having an outstanding Director-General and I am sure that members of all parties share that view. [More…]
I should have thought that it would be abundantly clear to the Committee that, in a situation of excessive numbers, if an individual staff member is affected by an appeal brought by another staff member natural justice requires that the staff member affected should have the right of audience before the appeal tribunal. [More…]
Mr Justice Smithers tore to smithereens the Industrial Relations Bureau area. [More…]
This Bill denies fundamentals of natural justice. [More…]
It is an abuse of natural justice. [More…]
If the House were to go into recess without a lengthy debate on that very important paper, it would be a travesty of justice. [More…]
The Chairman of that Committee was Mr Justice Else-Mitchell. [More…]
The imposition of additional tax in similar circumstances was recently discussed by Mr Justice Smith of the Supreme Court of Western [More…]
Mr Justice Smith held that the Commissioner was incorrect in imposing additional tax under section 226 on the facts of the case before him. [More…]
However, as I said in a statement released last week, we ought to draw comparison with the sort of justice meted out to some Australians in Asia. [More…]
Our utmost sympathy goes out to them, not in charity but in justice. [More…]
But those who have adopted a cult of idleness and the proposition that society owes them a debt will be brought to justice. [More…]
In the Federal Court of Australia on 9 May 1979, His Honour Mr Justice Smithers struck down one of the most important sections of the Government’s Conciliation and Arbitration Act proposals. [More…]
His Honour Mr Justice Smithers said that that could not possibly work and that the balance of probabilities was never there in the way the Act was drawn. [More…]
Where can we find conciliation and arbitration in the present statute which has been nullified by His Honour Mr Justice Smithers? [More…]
But, of course, on the weekend following that statement the matter was settled in the Australian Conciliation and Arbitration Commission by Justice Gaudron. [More…]
-The Government’s industrial relations policy depends upon bludgeoning unions and workers into submission rather than relying upon compromise and the establishment of justice in the industrial area. [More…]
The great advantage of the Opposition’s proposal was that it removed the need in emergency situations for face to face contact between the judge and the person seeking the warrant while still providing for the necessary documentation to ensure with certainty that justice is done. [More…]
I would like to have it made beyond doubt by the Minister for Business and Consumer Affairs (Mr Fife) that it would be unusual or extraordinary for a justice to permit a listening device in the office of a solicitor who was acting for a client providing that in all cases he was not a participant in the commercial narcotic operations taking place. [More…]
It would satisfy me in relation to proposed section 5a if the Minister could say that a judge or a justice is there who is a judicial man belonging to a supreme or federal court. [More…]
I do not want to inhibit the ability of Customs officers or police forces to gather information so that they can bring to justice those people who are in breach of the law. [More…]
Australian ministers, particularly the Treasurer (Mr Howard) and the Minister for Special Trade Representations, in addition to the Deputy Prime Minister and myself, pointed repeatedly to the justice of the Australian case. [More…]
If a police officer gave a Crown witness advice or attempted to give advice, no matter how sad and how sadistic the crime was, he could be pulled up for conspiring to pervert the course of justice. [More…]
They are, frankly, too strong for our system of justice because they contain two provisions. [More…]
I believe that the Leader of the Opposition failed both in his presentation, as he did in his performance in this chamber as Treasurer, and in recognising the real balance of economic justice in this country. [More…]
On 22 May, the Deputy Leader commented on the appointment to the High Court of Australia of Mr Justice Wilson of Western Australia. [More…]
While not in any way detracting from the legal eminence of Mr Justice Wilson, the simple fact is that his appointment was made by the Court Government, rather than the Fraser Government. [More…]
At a later stage in the Press statement he went on to say: the main reason for Mr Justice Wilson’s appointment is that his conservative views, particularly on constitutional questions, are well known to, and appreciated by Sir Charles. [More…]
I suggest that that is not only an insult to Mr Justice Wilson, it is also an insult to the smaller States in the Australian Federation. [More…]
The appointment of Mr Justice Wilson has been acclaimed by legal authorities as a judicial event. [More…]
The High Court building will cost $45m because Mr Justice Barwick, to whom this Government owes a great favour, has asked for certain extensions. [More…]
Mr Justice Barwick helped this Government get into power. [More…]
It should be noted that the previous Coal Industry Tribunal, Mr Justice Gallagher, served as a judge of the New South Wales Industrial Commission from 1955 to 1957 and for many years from 1957 as a deputy president of the Australian Conciliation and Arbitration Commission. [More…]
The provisions enabling Mr Justice Gallagher’s dual appointments were in the Coal Industry Act 1955 and the Coal Industry Act 1957 but those provisions referred specifically to Francis Heath Gallagher. [More…]
Should such an appointment be made, the Tribunal would be required to give priority to coal industry matters, as was the case with Mr Justice Gallagher. [More…]
I think there is a logical, sensible argument in terms of taxation, equity and social justice, if I can put it that way, for the Government taking up a fair share of its burden and not trying to pass it on to the industry just because the industry is now going through a period of relative affluence. [More…]
Justice Ludeke- will be implemented. [More…]
It lacks any real sense of justice. [More…]
I refer to Mr Justice Williams, who was appointed in 1977 by the Government to head a federal inquiry into drugs. [More…]
We call on the Government to give Mr Justice Williams these new terms of reference so that this matter can be resolved to the satisfaction of the Australian community and the international drug law enforcement community. [More…]
I think the remarks made by the honourable member for Adelaide and the honourable member for Bonython about the proposed royal commission or extending the precise terms given to Mr Justice Williams are unnecessary complications in a situation where we have to establish a group consisting of police officers who can ferret out the facts. [More…]
The information that they obtain will be given to Mr Justice Williams. [More…]
We all know that in late 1977 the royal commissioner, Mr Justice Williams, was appointed to examine the drug problem and that was in conjunction with, I think, four States. [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…]
Mr Justice Fox’s term of appointment was extended from the original period of 12 months for a period of a little more than two months in October 1978 and for a period of some further five months in January 1 979. [More…]
It is now proposed, and Mr Justice Fox has agreed, that his term be further extended from 8 June, when his present extension will expire, until the end of next year. [More…]
The doubts that have arisen are legal, technical matters and the Government feels that Mr Justice Fox’s rights should not be left in any doubt. [More…]
When the 1977 Bill was before the Parliament the Government indicated that the time Mr Justice Fox would be engaged on his work as Ambassador-at-Large would be at least 12 months, but might well be longer. [More…]
Experience has proved this forecast to be correct and it has already been found desirable to extend Mr Justice Fox ‘s appointment beyond the initial period of 12 months. [More…]
The work on which Mr Justice Fox has been engaged as Ambassador-at-Large for nuclear non-proliferation and safeguards is, in the view of the Government, work of great national importance. [More…]
Late last year Mr Justice Fox led the Australian delegation to the mid-term plenary conference of the International Nuclear Fuel Cycle Evaluation. [More…]
The Government believes that Mr Justice Fox will be able to make his own special contribution to policy in all these fields and will be an invaluable adviser to the Government on nuclear matters. [More…]
To the extent that this Bill proposes to rectify some possible deficiencies in the provision of the appointment of Justice Fox as Ambassador-at-large the Opposition has no objection. [More…]
The first thing I should say in relation to that is that the Opposition has considerable respect for the professional integrity and competence of Justice Fox. [More…]
After all, it was the Australian Labor Party when in government which appointed Justice Fox to head the inquiry into uranium mining and export- generally the nuclear power industryand I believe his report was one of the more significant contributions towards the information of the public mind on this subject. [More…]
The first concerns the duration of the appointment of Justice Fox. [More…]
The second concerns the almost total dearth of information in relation to the cost associated with Justice Fox’s appointment and the discharge of his duty. [More…]
Concerning the first matter, that is, the duration of Justice Fox’s appointment, it is important to note that already his appointment has been extended on three occasions- from October 1978 to January 1979, from January 1979 to June 1979 and now it is being further extended. [More…]
We would prefer that any further extensions of the appointment of Justice Fox should be the subject matter of Bills before the Parliament as has been the practice in the past so that proper debate can take place in relation to this very important matter. [More…]
How much does it cost to support Justice Fox, his supporting staff and, I believe, his spouse, as he moves around the world as Ambassador-at-large- the man, as some have said, with the gold-plated airline ticket? [More…]
So on three substantial grounds the Opposition is concerned about the conditions of appointment and operation of Justice Fox. [More…]
Secondly, the costs involved in supporting Justice Fox, his staff and his spouse as they fulfil their functions and move around the world in a style which, I would suggest, is far from austere and much more sufficient in the creature comforts provided than are available generally to the community. [More…]
Finally, is it correct, as we and a great many people in the community believe, that the Government has unfairly set up Justice Fox as a sort of jet-setting front man to reassure a trusting public while the Government ignores the fundamental propositions he brings forward? [More…]
Justice Fox’s paper on international involvement in the regulation of the nuclear fuel cycle and the nuclear energy industry is, in my view, a seminal work. [More…]
However, the evidence available is that the Government has totally ignored what Justice Fox has been doing and has encouraged him to move about fulfilling functions which it has defined but in which it is not the least bit interested. [More…]
On that first ground, the matter of the duration of the appointment of Justice Fox, we will be moving appropriate amendments in the Committee stage. [More…]
Despite the fact that he started by praising His Honour Mr Justice Fox, who was appointed to the bench by the Government of which the Leader of the Opposition was a member and a senior Minister, he then referred to Mr Justice Fox as the man with the gold-plated airline ticket, the jet-setting front man. [More…]
Those denigratory remarks can be regarded only as an attack upon Mr Justice Fox and an endeavour to reduce the influence and authority of Mr Justice Fox when he represents this country around the world. [More…]
In fact, he knows so little about what is going on in this Parliament that he appeared to be completely unaware that the Deputy Leader of the Opposition in the Senate, (Senator Button) has a question on the Question Paper relating to the cost of Mr Justice Fox’s operations. [More…]
So, if the Opposition is so concerned about Mr Justice Fox and if what the Leader of the Opposition has said tonight has any truth and substance in it, why was it that it was not raised until one week ago and then not in this House but in another place? [More…]
Whilst I cannot speak to the details on it, I can at least point out that if this amendment were to be agreed to, it would have the effect of fettering the continuing operations of His Honour, Mr Justice Fox, as Australia’s Ambassador-at-Large. [More…]
While the Leader of the Opposition (Mr Hayden) has indicated that the Opposition has no objection in principle to the appointment of Mr Justice Fox as Ambassador-at-Large, on the very important question of an examination of the processes of nuclear industry, we do not believe that the question of the extension of his appointment ought just simply to be an exercise to be taken by the Executive. [More…]
We believe that any extension of that appointment ought to come back to the Parliament so that the Parliament itself will have an opportunity to review the work, the activities and the achievements of Mr Justice Fox. [More…]
But I say this: At a time when this Government is talking about cutbacks, and talking about economic stringencies, and is calling upon other sections of the Australian community to make sacrifices, it is not good enough for the Government to say that it will simply give a mandate to Mr Justice Fox, whatever his excellence and whatever his capacity, to operate at large and that the question of his reappointment for an indeterminate term will be a matter solely and exclusively for the Executive and not for the Parliament. [More…]
I believe that one of the failures in the appointment of Mr Justice Fox- and I do not believe it is his failure but the Government’s failure- relates to the real benefits of his work, his real achievements and the importance of having him operating as Ambassador-at-Large. [More…]
The fact of the matter is that all those areas in which Mr Justice Fox has been involved, and continues to be involved, are very much the subject of continuing debate. [More…]
The problem is, whatever the nature of the report that comes from Mr Justice Fox, that it tends to stay within the ambit of the executive. [More…]
I would have thought that if we are spending the amount of money that it costs to have Mr Justice Fox operate as an ambassador-at-large, then the information that he gleans as an ambassador-at-large ought not to be available just simply to the executive of the day but also ought to be available to the Parliament and through the Parliament, it ought to be available to the people of Australia. [More…]
What is the range of issues which Mr Justice Fox has pointed out in the past? [More…]
Mr Justice Fox. [More…]
It is all very well to have Mr Justice Fox operating as a public relations arm of this Government so that he will prove or substantiate its view. [More…]
The reality, of course, is that most of Mr Justice Fox’s recommendations are honoured more in the breach than in their observance. [More…]
As far as one of his colleagues is concerned, Mr Justice Fox ought to be sacked. [More…]
The honourable member for Swan (Mr Martyr) shows their real attitude to Mr Justice Fox. [More…]
The Government believes that so long as it can keep Mr Justice Fox as ambassador-at-large wandering around the world he can produce as many memoranda as he likes, he can tell the Government of the problems and the threats that are posed to the people of Australia by nuclear profliferation, he can tell the people of Australia and the Government that we have not solved the problems of nuclear waste disposal, he can point out all these problems, but they will stay within the confines of the Cabinet. [More…]
Therefore, I commend this amendment to the House because what it says is that the Parliament ultimately will accept responsibility for the extension of the appointment or any further appointment of Mr Justice Fox. [More…]
I commend the amendment to the House because I believe it gives the Parliament some say in the future of Mr Justice Fox. [More…]
The Government should seek internally consistent packages whenever amendments to either system are contemplated, in order to provide greater justice, both for those who receive assistance and for those who currently provide it. [More…]
The Minister, in his response to our report, does less than justice to the amount of work which went into the investigations and ultimate report of the Standing Committee on Expenditure. [More…]
If Mr Justice Else Mitchell is still the Commissioner, I would hope that he would take this report and the report of the Queensland officials into account. [More…]
Mr Justice Hope also made it quite clear that State police special branches should remain an integral part of the overall intelligence system. [More…]
At that time Mr Justice Perrignon had been appointed chairman of the appeal tribunal to tighten up police discipline. [More…]
The police are in the vanguard of the administration of justice in our society. [More…]
For the appearance of justice and for the protection of the standing of the police, the procedure cannot be left wholly to the police themselves. [More…]
It is important that investigations and determinations satisfy the demand that justice should not only be done, but also be seen to be done. [More…]
“(2) For the purposes of this Division, an office of Justice of the Peace shall be taken not to be an office of Magistrate. [More…]
( 1 ) A member has, in the performance of his duty as a member, the same protection and immunity as a Justice of the High Court. [More…]
That is, he put the blame on the Aboriginal people for delaying the Ranger development for six years when, in fact, his Government had caused several delays and the whole project was not up for discussion until Mr Justice Fox had made his report. [More…]
Representatives of Chief Secretary’s or Justice Departments; [More…]
One would have thought that natural justice would require that while that inquiry is in train the matter should not be prejudiced by debate in this Parliament or any other place. [More…]
It does not do us justice at all. [More…]
At the 1977 Enquiry under the honourable Mr Justice J. T. Ludeke, the Government proposed increases less than those sought by the AMA, and opposed some ‘catch-up’ elements in the AMA’s proposal. [More…]
The Government agreed to this proposal and announced on 1 March 1979 the establishment of the 1979 Medical Fees Enquiry under Mr Justice Ludeke. [More…]
An application for land at Lake Nash was lodged with the Interim Aboriginal Land Commissioner, the late Mr Justice Ward, in September 1975 but hearings were adjourned sine die on 10 November 1975 because the lessee indicated a willingness to negotiate with the Aboriginals for a sub-lease of part of the property to be used as a living area for the resident Aboriginal community. [More…]
In the 1974 Second Report of the Aboriginal Land Rights Commission, Mr Justice Woodward commented that ‘this is obviously a very drastic penalty and it is not surprising that it has never been invoked’ (paragraph 218). [More…]
In line with Mr Justice Woodward ‘s recommendation, the amended provision now provides a penalty of $2,000 for interference with the full and free exercise of the rights reserved to Aboriginals. [More…]
The main parts of the Government’s submission to the Inquiry into Doctors ‘ Fees conducted by Mr Justice Ludeke are outlined in paragraphs 29 to 33 of his report of 20 July 1979. [More…]
Clause 4 will amend section 15 of the principal Act to refer to a Chief Justice of the Territory Supreme Court in addition to Chief Judge as the proposed Northern Territory legislation will create the position of Chief Justice of the Territory. [More…]
That this House, mindful of the principles and philosophy of the Liberal Party to assist those in need, is anxious to protect the family and single people in the lower income groups from the worry of bills and charges for medical or hospital treatment due to illness or an accident, and therefore requests the Minister for Health to advise the medical profession that a confidential letter from a local justice of the peace, minister of religion, industrial chaplain or an officer of the Citizens Advice Bureau, Social Security or Welfare or Probation, in relation to any patient, shall entitle that medical practitioner to accept the patient as ‘disadvantaged’ and refer any charges to the Commonwealth for payment. [More…]
Everyone has the right to equality before the law and equal justice under the law, [More…]
Children have the right to be brought up and educated in a spirit of tolerance and understanding so as to be able to contribute fully to the building of future societies based on justice and friendship. [More…]
Children have the right to be brought up and educated in a spirit of tolerance and understanding so as to be able to contribute fully to the building of future societies based on justice and friendship. [More…]
The Minister has proved himself to be unable to take a substantive view of the proposition that international plutonium storage be established, as was proposed by Mr Justice Fox. [More…]
If there is not soon a just and lasting settlement in southern Africa- and the justice and durability must be acknowledged by all parties- then it will become far more difficult to avoid super power involvement. [More…]
Like many others, Mr Saverpson made the mistake of working without a contract on a boat owned by people who apparently have no sense of justice or fair play. [More…]
I would like to debate the issues raised by the honourable member for Holt (Mr Yates), but I do not think that in five minutes one can do justice to them. [More…]
I will conclude by saying that I thought it was a basic tenet of British justice that a man was presumed innocent until proved guilty. [More…]
It is only now by looking at the facts that we have had put before us, not in this Parliament but in Mr Justice White’s report tabled in the South Australian Parliament on matters of which we have some vague knowledge here, that we know that the intelligence service after Chifley ‘s time were virtually diverted to political actions. [More…]
There was first Mr Justice Reed and then Mr Justice Woodward, the present DirectorGeneral. [More…]
For example, on 28 February this year, that is, before this legislation was introduced, the honourable member for Denison (Mr Hodgman) was able to boast in this House that he had greatly enjoyed the opportunity to cross-examine at length the DirectorGeneral of ASIO, Mr Justice Woodward. [More…]
It reeks of the same attitude as that disclosed by Mr Justice White in South Australia that anyone who is seen to be to the left of a mythical but very conservative centre is not to be trusted. [More…]
Our disenchantment is clearly justified by the report of Mr Justice Hope. [More…]
Let me say that the Opposition has complete faith in the integrity and the sense of propriety of the Director-General of ASIO Mr Justice Woodward. [More…]
The Report of Mr Justice White into Special Branch Security Records in South Australia is, I believe, an excellent exposition of the concept of subversion. [More…]
Mr Justice White found that this move was objectionable from the point of view of what happened. [More…]
Let me quote from page 7 of the report of Mr Justice White: [More…]
That sort of statement and this sort of so-called tax justice are why this Prime Minister is now a national joke. [More…]
It restores twice-yearly indexation of pensions- a measure which on the grounds of basic justice and fair play should not have been changed a year ago. [More…]
The completion of this election promise is obviously the first priority in providing some justice for country people. [More…]
On a radio program allegations were made, all of which at the moment are untested by any version of justice as we know it in this country. [More…]
All I am asking for, on behalf of all the Jews who were persecuted, hounded and killed without trial during the war, is the kind of justice that would have prevented that sort of thing from happening. [More…]
A decision was brought down by Mr Justice Smithers, I think on 7 August, to grantthe relevant injunctions which the Attorney-General had sought against the selfstyled charge- d’affaires. [More…]
However, yesterday, as is his right under the law of this country, Mr Despoja lodged a notice of appeal against the judgment of Mr Justice Smithers. [More…]
Well, let me tell you: We have eased the means test in relation to the TEAS allowance and we have at last demonstrated that we are prepared to see that justice is done in relation to students but that money is not squandered. [More…]
We, on this side of the House, do believe in social justice. [More…]
Before doing so, the matter was brought to me for my reaction by the Acting Leader of the House, the Minister for Business and Consumer Affairs, and I indicated to him that in my view the precedents were that this Parliament should do what it can to facilitate the course of justice in the courts and that we could not obstruct that if we could allow a course to be adopted without interfering with the ancient privilege of Parliament, that ancient privilege being no benefit to individual members but the ability of and the freedom for members of Parliament to speak the truth and to demand the truth within the Parliament without action being taken outside the Parliament to challenge what was said. [More…]
To the extent that it is possible, we all wish to assist the work of the courts and the administration of justice. [More…]
The cost of this new building has been expanded by some millions at the personal whim of the Chief Justice, Sir Garfield Barwick. [More…]
It has come to my notice that in the Supreme Court of New South Wales on 23 August 1979 Mr Justice Begg issued an order in the case of Uren v. John Fairfax and Sons Ltd. [More…]
It seems to me Mr Speaker, that the action of Mr Justice Begg may have infringed the privileges of this House. [More…]
That the following matter be referred to the Committee of Privileges- The extent to which the House might facilitate the administration of justice with respect to the use of or reference to the records of proceedings of the House in the Courts without derogation from the Privileges of the House, or of its Members. [More…]
I do not think any petition, no matter which side of the House it comes from, should ever be granted unless the House is unanimous that the course of justice would be furthered. [More…]
One cannot have the cause of justice furthered by a majority of the House. [More…]
Whilst everyone is anxious to facilitate the cause of justice, I do not think the motion ought to be on that basis. [More…]
In these circumstances, the Committee has agreed that it would not be able to do justice to the inquiry if it attempted to rush through a report simply to meet the deadline contained in the resolution of appointment. [More…]
The sooner it is introduced the more justice we will have for all the people of this country. [More…]
For some time the principle of social justice has not been explicitly recognised in the Australian wage system. [More…]
In the 1930s and 1940s, liberalism stirred strongly again, as expressed by Hayek when he warned the world of a new serfdom, a trend to collectivism, disguised with the trappings of equality and justice. [More…]
They came in droves to the front of this House to beg for the 50c that the McMahon Government gave them as an increase, and then, when the Government was forced into recognising that pensioners were entitled to justice in the rate of pension, it formalised the procedures of the Labor Government. [More…]
Justice has now been restored to pensioners and this Government claims some sort of credit for it. [More…]
All it has done is correct an injustice which was perpetrated upon the pensioners of this country. [More…]
With one stroke of the pen, the Liberal Treasurer of this nation (Mr Howard) could strike a blow for justice and give the opportunity for the continuing separate existence of the only regional trading bank in the Australian private sector. [More…]
They are part of the reason for the Labor Party’s commitment to social justice which unfortunately in this day and age is not shared by the Government of this country. [More…]
Mr Deputy Speaker, the previous members for Grayndler have always been men who have fought for social justice in their State, in their Party and in this Parliament. [More…]
The Budget has been a responsible Budget, a measured Budget, one that takes account of the economic circumstances of our time and one that extends social justice in our community. [More…]
Let me tell honourable members what Mr Justice Moore of the Conciliation and Arbitration Commission said in the last decision. [More…]
Mr Justice Moore said: [More…]
It has no sense of equity and justice and it has no understanding of the extreme problems that Australian families are facing today trying to make ends meet. [More…]
No measures ever submitted to any legislature offer greater prospects of the establishment of social justice and the removal of inequalities . [More…]
Today, we are striving under a government that has the responsibility and is prepared to accept it, to look after all sections of the community and to try to dispense justice for all. [More…]
One month ago yesterday, on 13 August, Justice Mary Gaudron completed the hearing on Metro’s application for a Federal award. [More…]
When the debate was interrupted, I was talking about comments made by His Honour Mr Justice White in the report he made on the Special Branch in South Australia. [More…]
Here we find His Honour Mr Justice White making this point: [More…]
The words Mr Justice White used to describe the security recording system of South Australia were that it was ‘wasteful’ and it was ‘objectionable’. [More…]
Mr Justice Hope, in talking about departures by ASIO from the principles of propriety and legality, said: [More…]
The Labor Government’s two appointees to ASIO were Mr Justice Reed and Mr Justice Woodward, the present appointee. [More…]
Therefore, we want to provide for retrospectivity in relation to appeals on security assessments, as was recommended by Mr Justice Hope. [More…]
I ask the honourable member to resume his speech but it might be as well if he withdrew his remark in relation to Mr Justice Staples. [More…]
In his report on intelligence and security Mr Justice Hope stated: [More…]
Mr Justice Hope continued: [More…]
Mr Justice Hope was very discreet, but let us not pretend that we did not have our own McCarthyism in this society in the 1950s, that we did not have our own anti-communist hysteria and we did not have ASIO involved in the slime of those events. [More…]
As Mr Justice Hope points out, there was much bias, inaccuracy and sheer waste involved in the material collected by ASIO in Australia. [More…]
This was also made very clear in the examination done by Mr Justice White in South Australia when he looked at the work of the Special Branch in that State. [More…]
Mr Justice White stated: [More…]
Indeed, much of Mr Justice White’s report indicates that anything slightly left wing was treated as subversive and therefore worthy of the surveillance of the Special Branch agencies. [More…]
In this regard Mr Justice Hope stated: [More…]
We are not prepared to leave this legislation unchallenged because the present operators responsible for ASIO, the Attorney-General, Senator Durack, and the Director-General, Mr Justice Woodward, are men of integrity. [More…]
But, more importantly, neither Senator Durack nor Mr Justice Woodward is immortal and there will be other men working under the provisions of this Bill. [More…]
Indeed, I think it is more difficult than was recognised by Mr Justice Hope himself. [More…]
But even if this relationship is satisfactorily solved, if both the Nixon danger and the Salisbury danger are avoided- that is, if we get a satisfactory balance between the Executive and the agency- the problem is not solved because, as Justice Hope notes in his third report, often the Executive becomes very perfunctory about its responsibilities. [More…]
I think it must be said of Justice Hope that he is rather cavalier about the Parliament. [More…]
Whilst Justice Hope dismisses all of these proposals for the Parliament to play a role in ASIO- he says that none of those things are possible and that Parliament cannot play a rolebut at the same time he maintains that ASIO has a role in supervising individual politicians. [More…]
Unfortunately, because of what Justice Hope said, in this Bill the Government gives no role whatsoever to the Parliament. [More…]
I speak as one who recalls very vividly the raid on ASIO by Mr Justice Murphy. [More…]
Indeed, we are lucky, as I think previous speakers on both sides of the House and speakers in the other place have acknowledged, that the current Director-General, Mr Justice Woodward, is a person of great integrity and a person who will carry out his duties as this Parliament would like to see them carried out. [More…]
Indeed, the history of ASIO goes back to 1949 when the then Prime Minister sent a letter to Mr Justice Reed appointing him Director-General of Security and requesting him to establish and operate a security service. [More…]
By this time Mr Justice Reed had been replaced by the then Colonel C. C. F. Spry. [More…]
Mr Justice Hope indicated at paragraph 1 17 of his report: [More…]
That sort of situation was also the subject of very strong and adverse comment by Mr Justice [More…]
Mr Justice White, in his inquiry into the situation in South Australia, found as follows: [More…]
That is the way in which Mr Justice White found. [More…]
I was concerned to hear him argue so illogically that the same sorts of standards and prescriptions that apply to a company or a trade union- which is a public organisation, a voluntary organisation, like a company, with rules laid down- ought to apply to a security service, in the face of the findings of Mr Justice White and Mr Justice Hope and in the face of all the body of accumulated evidence that the laws have been broken and the rights of the ordinary citizen have been transgressed. [More…]
But are we proposing anything more than a periodic investigation of the kind made by Mr Justice Hope, an updating of his report? [More…]
That was recommended by Mr Justice Hope. [More…]
Reports from that meeting indicate that one of the main opponents of the motion was Senator Lionel Murphy, now a justice of the High Court of Australia. [More…]
Mr Justice Hope, in paragraph 10 of his fourth report, stated: . [More…]
Mr Justice Hope also stated that he rejects the view that espionage is not a significant problem in Australia. [More…]
Essentially we must remember that ASIO is an intelligence organisation; it is not a court of justice. [More…]
As Mr Justice Hope warned: [More…]
Mr Justice Hope also said: [More…]
In the Royal Commission on Intelligence and Security, Mr Justice Hope found that in the final analysis Ministers are the ones for whom intelligence advice is produced. [More…]
In his report Mr Justice Hope implied that ASIO may have exceeded its powers and engaged in activities irrelevant to its functions and which may have impinged on individual freedom. [More…]
But I do believe that we could quite easily have recourse to a justice of the Federal Court of Australia- not to a Supreme Court of a State or anyone else but to a justice of the Federal Court of Australia- in matters such as this. [More…]
Mr Justice Hope said about the general level of political sophistication inside ASIO that he saw little evidence that the qualities of mind and expertise needed in intelligence assemblies were recognised in any large measure. [More…]
That royal commission, under Mr Justice Hope, brought down its recommendations. [More…]
We are told that we should accept the findings of Mr Justice Hope in his report of the Royal Commission on Intelligence and Security. [More…]
We are also told that we should accept that the present DirectorGeneral of ASIO, Mr Justice Woodward, is a man of integrity and that we can trust him not to carry out any of the excesses of his predecessors in office. [More…]
I have great admiration for Mr Justice Woodward and can only express my amazement that the Fraser Government has left him in his position. [More…]
Let me give honourable members a horrific example from a democratic country of how an essentially paranoid view about secrecy can create general hysteria and distort and pervert the traditional norms of law and justice. [More…]
I ask leave of the House to incorporate in Hansard paragraphs 208 to 221 of Mr Justice Hope’s fourth report on the Royal Commission on Intelligence and Security. [More…]
I draw attention to the key paragraph, paragraph 208, in which Mr Justice Hope says: . [More…]
I conclude from my reading of Mr Justice Hope’s report that ASIO in its present form lacks the sophistication and capacity to evaluate that we should expect from an intelligence organisation. [More…]
Justice Hope’s third report and to several quotations which I think the House ought to take careful note of. [More…]
On page 5 of the third report Mr Justice Hope, in summing up quotes Professors M. S. McDougal, H. D. Lasswell and W. M. Reisman on the intelligence function. [More…]
One page 6 of the same report Mr Justice Hope wrote: [More…]
Mr Justice Hope, referring to what ASIO was doing in the trade union area, wrote: [More…]
These reforms were recommended by the Royal Commission on Intelligence and Security constituted by Mr Justice Hope, after a most thorough investigation. [More…]
I indicated that the Bill does give effect substantially to the second and fourth reports of the Royal Commission on Intelligence and Security headed by Mr Justice Hope. [More…]
The published and unpublished- I stress the unpublished partreports of Mr Justice Hope are a disturbing documentation of a security service that had been in disarray, a security service that lived on a reputation that was undeserved in the 1960s and early 1970s. [More…]
Speaking for the Opposition, we believe that Mr Justice Woodward has done much to rectify those deficiencies. [More…]
In the past- Mr Justice Hope established this- ASIO was a badly demoralised organisation. [More…]
Again, in the published reports of Mr Justice Hope it is clear that ASIO had been engaging in illegal activities. [More…]
In paragraph 1 8 Mr Justice Hope says: [More…]
In paragraph 20 Mr Justice Hope says: [More…]
I repeat that we have a great deal of confidence in Mr Justice Woodward and what he can do, but what about after Mr Justice Woodward? [More…]
Ordinary justice demands that the public must be protected against the misuse of information gathered by ASIO for sinister and often petty political vendettas. [More…]
Even Mr Justice Hope found that ASIO’s financial procedures are capable of some improvement, though we are not told why. [More…]
What about the 344,000 Public Service applicants who, according to Mr Justice Hope’s report were subject to ASIO checks over the last five years? [More…]
No one doubts the integrity and sincerity of the present Director-General, Mr Justice Woodward, but some powers of his office which the Minister cannot override may require some final check or audit. [More…]
I close in congratulating the Royal Commission under Mr Justice Hope for its deliberations and findings, the governments which initiated the inquiry and accepted the Commission’s reports, and those who have, in the public interest, examined the implications and voiced their fears and concerns. [More…]
I had proposed to ask the head of my Department to seek the assistance of the Public Service Board in this review, but I was aware that the Federal Narcotics Bureau falls also within the terms of reference of the Australian Royal Commission of Inquiry into Drugs and that the Royal Commissioner, Mr Justice Williams, therefore, could be making recommendations in relation to it. [More…]
Rather than wait until then, I raised with the Prime Minister (Mr Malcolm Fraser) the question whether we might seek Mr Justice Williams’ views on matters relating to the organisation and control of the Narcotics Bureau ahead of his final report. [More…]
The Government raised the matter formally with His Excellency the Governor-General and with the Royal Commissioner with the result that Mr Justice Williams agreed that he would provide an interim report dealing with these matters. [More…]
Because it is an interim report and the subject will be fully covered in the final Royal Commission report, and because the Royal Commissioner has included in the interim report a number of matters of confidential evidence and observations which ordinarily would not be made public, Mr Justice Williams has preferred that this interim report be treated as confidential. [More…]
The Government appreciates very much the assistance and co-operation that it has had from Mr Justice Williams in this matter. [More…]
We think it wise that the Government used the services of the Royal Commissioner, Mr Justice Williams. [More…]
It would have been extremely unwise if the Government had made decisions without the views of Mr Justice Williams in this sensitive area being made known. [More…]
The Opposition accepts the Minister’s assurance that Mr Justice Williams has asked for this section of his report to be treated as confidential. [More…]
I repeat that we accept that this interim report from Mr Justice Williams is of a confidential nature. [More…]
Mr Justice Williams has asked that it be kept strictly confidential. [More…]
There will be a full report later that will contain all of Mr Justice Williams’ recommendations. [More…]
After a long lapse of time there was a judicial audit of that State ‘s intelligence organisation and Mr Justice White clearly indicated that there had been a failure to understand what intelligence organisations are supposed to do. [More…]
As evidenced by the report of Mr Justice White, files were collected on people simply because they went to a meeting suggesting that peace might break out in the world or they went to a communist book shop or they belonged to the Australian Labor Party. [More…]
So in the last 18 months, in the New South Wales courts of justice, we had a learned Queen’s Counsel asking a plaintiff whether there was a security report about a person. [More…]
The report of Mr Justice White gives, for the first time, an independent analysis of what was happening when this organisation or its equivalent was endeavouring to function. [More…]
Mr Justice White made the point that a significant proportion of the files related to political, trade union and other such matters. [More…]
Mr Justice Hope stated in paragraph 266 of his fourth report, volume I: [More…]
He then goes on, and I must say I disagree with this statement by Mr Justice Hope: [More…]
I will sum up my feelings by referring to the words of Mr Justice Hope, which reflect exactly how I felt at the time and what I hoped would be the way in which he would report. [More…]
The second point that was made by Mr Justice Hope was that ASIO had been guilty in the past of departure from its basic functions. [More…]
One other matter to which Mr Justice Hope referred was also a worry to me. [More…]
I refer again to the words of Mr Justice Hope, who expressed my views perfectly. [More…]
I believe that in these cases there should be an authority that scrutinises the exercising of those two powers to see whether they have been exercised in fairness and in justice. [More…]
I believe that the responsibility for drafting the definition should be taken away for the moment from the Parliamentary Counsel and submitted to an independent senior counsel, either in New South Wales or Victoria, to draft clauses which would bring these powers within the total concept of the Bill and ensure that there is justice and that there is proper control of the exercising of these powers. [More…]
In that regard I would have liked to have seen the use of words much the same as those used by the Deputy Leader of the Opposition (Mr Lionel Bowen) in the amendment he moved to the motion for the second reading of the Bill, that is, that there should be periodical judicial audits- again I emphasise that they should be only by a justice of the Federal Court- to ensure that the work of the Organisation complies with its charter and the law, that it does not unjustifiably infringe civil liberties, which is the most important matter of them all, and that it operates effectively and efficiently. [More…]
Following previous speakers, I should like to add my warm congratulations to Mr Justice Woodward for the excellent manner in which he is performing his duty as Director-General of ASIO. [More…]
The Bill before us today constitutes for the most part the Government’s response to the recommendations of Mr Justice Hope. [More…]
In a variety of ways, the Government’s Bills do not accord with Mr Justice Hope’s proposals. [More…]
As I have said before, I have great regard for the fine work His Honour Mr Justice Woodward has carried out since his appointment by the Labor Government. [More…]
As my Leader the honourable member for Oxley (Mr Hayden) asked in his speech earlier today: What happens after His Honour Mr Justice Woodward retires? [More…]
The investigations by Mr Justice Hope and in South Australia by Mr Justice White and Mrs Justice Mitchell provided salutary lessons in the value of a judicial audit or a review of our security processes. [More…]
I should like now to refer to Justice Mitchell’s report on the dismissal of Special Branch Commissioner Salisbury as an example of the sensitivities which exist in the area of security. [More…]
Justice Mitchell sums up her own views by saying: [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…]
Mr Justice Hope said: [More…]
As His Honour Mr Justice Hope endeavoured to say: Subversion does mean overthrow and ruin; it does have a direct relation to activity associated with the immediate overthrow of a government. [More…]
I stress the term ‘low grade operatives’ because there is a tendency when speaking of ASIO to feel that all is well because it has a DirectorGeneral of integrity in Mr Justice Woodward. [More…]
I think we have abundant evidence of that in what Mr Justice White said following his investigation in South Australia. [More…]
The product of the kinds of attitudes to subversion contained in this definition leads to the abuses described by Mr Justice White in his report on the South Australian Special Branch in the early 1950s. [More…]
If one reads the Hope report one will see that Mr Justice Hope was not at all impressed by the calibre of the ASIO agents who would be seen to exercise judgment. [More…]
As I have said, if honourable members read the Hope report they will see that Mr Justice Hope did not have any confidence in the ability of employees of ASIO to reach such judgments. [More…]
In 1974 the Whitlam Government established the Royal Commission on Intelligence and Security under the chairmanship of Mr Justice Hope. [More…]
Without straying too far from the clause, I remind honourable members that they should bear in mind that His Honour Mr Justice Hope said that the most dangerous groups happened to be the right wing radical groups that existed in this country. [More…]
If he looks at the Hope report he will find that Mr Justice Hope referred quite specifically to numerous occasions on which, for reasons which he made clear in his report, he was not prepared to enumerate. [More…]
I remind the honourable gentleman to look at the details of the findings of Mr Justice White in South Australia. [More…]
I was not wanting to take up the time of the House, but let me inform the honourable gentleman that Mr Justice White did explain. [More…]
I would not mind accepting the judgment of the present Director-General of security as to how that might be read, or the judgment of Mr Justice Hope or somebody like that. [More…]
The fact of the matter is this: If one does not look at organisations and envisage them as being in due course led into a situation in which they can create problems then one does less than justice to the duties of the Australian Security Intelligence Organisation. [More…]
Therefore, let me take a moment to refer to some of the things said by Mr Justice Hope in his report. [More…]
I do so because people listening to this debate might think that neither this Government, Mr Justice Hope, nor ASIO itself, has any regard for the individual rights and freedoms of Australian citizens. [More…]
Mr Justice Hope said: [More…]
I refer to another statement of Mr Justice Hope, particularly to answer a statement made by the honourable member for Fadden (Mr Donald Cameron) Mr Justice Hope said: [More…]
We know that no man or woman in this world is perfect and therefore it is understandable that Mr Justice Hope said that: [More…]
As I said earlier, it was, in fact, a recommendation of Mr Justice Hope that the word be used in the juxtaposition of the three fundamental elements of the meaning of subversion as provided for in clause 5 ( 1 ) (a). [More…]
Let me quote what Mr Justice Hope had to say on the question of intelligence skills. [More…]
I do not think that the whole course of ASIO has been changed since Mr Justice Hope made those remarks. [More…]
Mr Justice Hope said so. [More…]
He should look at what Mr Justice Hope said about adverse reports. [More…]
As Mr Justice Hope said, this creates injustice that can flow on for a lifetime. [More…]
Because of an accident of numbers some years ago which denied the then government a majority membership of the Senate and, I think it is fair to say, because of the reformist zeal of Mr Justice Murphy when Leader of the Opposition in the Senate and of other members of the Senate, the Senate’s procedures have changed dramatically over the last 10 years. [More…]
For example, in the report of Mr Justice Hope the second definition of ‘subversion’ is given as overthrow by force and undermining by unlawful means and the definition of ‘subversive activity ‘ is given as overthrow of the Constitution by revolution or sabotage, overthrow by force or violence and destruction of Commonwealth property. [More…]
If one also looks at the section of Mr Justice Hope’s report as to trade unions one will see that it states: [More…]
The upshot of the conclusion by Mr Justice Hope is that intelligence collected by ASIO could be referred to the Department of Industrial Relations. [More…]
It states that it may be fair enough to collect intelligence on the activities of people within trade unions, but I do not think that our amendment conflicts in any way with what Mr Justice Hope said about the communication of intelligence about trade unions or with what ASIO said when it put up some definition of subversion to the Royal Commission. [More…]
According to Mr Justice Hope, the trade unions are performing very creditably indeed, thank you very much. [More…]
This is not Mr Justice Hope’s legislation. [More…]
Mr Justice Hope made a damning indictment of ASIO’s past activities when he said: . [More…]
It is little wonder that we of the Opposition do not trust the objectivity of ASIO’s agents when we look at that sort of material which has been written by the learned Justice Hope and, I add, the report on which this legislation is based. [More…]
Honourable members opposite take pride in having appointed Mr Justice Woodward. [More…]
I think that if there is to be justice for all then these two areas should be seen in parallel and should be given some recognition in unison. [More…]
As the shadow Minister in this area I have developed a comprehensive program for lowering telephone costs across the community, reducing the problems faced by country subscribers and bringing the justice of community need, not the greed of private capital, into the forefront of government policy. [More…]
It should be quite clear that they are abusing the principle of insurance, which is that those who are in need can gain a transfer from those who are not so much in need, and that they are abusing the principle of social justice within a tax system where some pay and some benefit. [More…]
The proposition that has been put forward from time to time- namely, to pull the young and the healthy out of the health insurance system- is an abuse not only of Beveridge ‘s principles but also of reasonable principles of social justice. [More…]
At the time the dispute was in its infancy Mr Justice Staples, in criticising both the Government and the Telecommunications Commission, referred the parties to the dispute to a conference in an endeavour to find a way around a legitimate claim. [More…]
-Justice demands that some explanation be given by the Government of the affairs that have taken up so much time of the Parliament over the past two years. [More…]
If for no other reason but in the interest of justice, it is the correct thing to do to wait until the report that is referred to as the Finnane report is available for the perusal and consideration of all members of this House. [More…]
Mr Justice Alley of the Australian Conciliation and Arbitration Commission has already said that the unions have sought to get the Commission to do indirectly what it has no power to do directly, namely, prescribe conditions on matters which do not pertain to the relationship between employers and employees. [More…]
That is a denial of justice and an anomaly in the law which should be corrected. [More…]
If that argument is seriously put forward, then it follows that members of the Labor Party, trade union officials, are quite justified in believing that if they went before the Chief Justice of the High Court of Australia, Sir Garfield Barwick, who went from a senior position as a Liberal Minister in this Parliament to the position of Chief Justice, there would be no fairness nor any justice for them. [More…]
Any member of the Labor Party or any trade unionist appearing before him would be justified in believing that there would be neither fairness nor justice for them. [More…]
We have a good form of justice in this country and he has every opportunity to clear his name. [More…]
Are we to look at the political colour of everybody who sits in justice in this country? [More…]
He refuted allegations that have been made and really highlighted the point that justice has to be done in this case. [More…]
To me, that is proof of an innocent man wanting to see justice. [More…]
It is a perversion of justice and a prostitution of the laws of this country to carry out a conspiracy of this nature. [More…]
Let me say, and I will say it whatever it means on either side of the House, that whenever there is political interference in the administration of criminal justice there are grave dangers to our democracy. [More…]
I would have thought that the whole of the discipline of the law was directed towards the meticulous observance of justice in its clear sense. [More…]
Any person who has any feel for history and fairness and who has any capacity to identify with justice, should feel outraged that this proceeding has gone on. [More…]
I say to my honourable friend, the honourable member for Melbourne Ports (Mr Holding), without any hostility from one to the other that surely we have not forgotten the great principles of natural justice? [More…]
Very properly the Leader of the Opposition said: ‘Well, does that mean to say that if you appeared before the Chief Justice of Australia who sat in this House as a Liberal member and Minister, you would complain about that?’ [More…]
I would not have the slightest hesitation in appearing before His Honour, Mr Justice Murphy, in any jurisdiction, but I say that if Mr Justice [More…]
Mr Finnane has despised two of the great principles of natural justice, and nobody seems to care. [More…]
We have taken action to try to ensure that justice is done to the patient concerned. [More…]
I hope that the Minister will give the Opposition sufficient notice of the announcement of the Government’s response to the recommendations to enable us to do justice to the debate which will take place in this chamber and in the community at large on this very important issue affecting the city of Canberra. [More…]
254, Mr Justice Taylor of the High Court said: [More…]
The constitution therefore authorises Parliament to legislate for the establishment of a tribunal to which the parties to industrial disputes of the specified character are compelled to submit their differences and which, in the exercise of its arbitral functions, is bound to proceed, according to the principles of justice, to hear the parties and to determine the matters in dispute. [More…]
It would seem, therefore, that the process of conciliation and arbitration contemplated by the Constitution involves the application of the principles of natural justice. [More…]
In normal circumstances, natural justice requires that he who decides must also hear. [More…]
However, the requirements of natural justice are not fixed but vary according to all the circumstances. [More…]
Whether the principles of natural justice which apply in respect of the Conciliation and Arbitration Commission are offended by the requirement to consult as proposed in new section 22A will require determination by the High Court. [More…]
In a recent decision in the case of Costain Australia Pty Ltd and the Plumbers and Gasfitters Employees Union of Australia, Mr Justice Alley of the Conciliation and Arbitration Commission commented that there was no proper basis for payment for time lost as a result of industrial action unless the actions of the employer were so extreme that the refusal to work was the only reasonable course left open to the employees. [More…]
But Justice Gaudron sat down on a Sunday with the parties involved and decided that 70 per cent of the workers involved in the dispute would receive their back pay. [More…]
I am not referring to the remarks of a trade union leader who has just read this draconian Bill but to comments that were made today by the member for Port Adelaide (Mr Young) when citing Mr Justice Kirby. [More…]
Mr Justice Kirby is a long-time honoured member of the Full Bench. [More…]
If honourable members read any of the works that have been produced in relation to the effects of the compulsory arbitration system, such as those by Foernander and Portus, or any of the other individuals, or even by Mr Justice [More…]
He again simply criticised the Minister and the Government and, like other speakers, quoted as his guide and philosopher a previous man from the Bench in the person of Mr Justice Kirby. [More…]
Of course he said that Mr Justice Kirby had put the view that this legislation was adverse, that it was contrary to what would be the wish of the bench, and that it was also contrary to the wish of those who understood the requirements of industrial relations in this country. [More…]
It is a matter of fair play, honesty and justice for all Australians. [More…]
I wonder whether the ALP consulted, for instance, Mr Justice Staples when it wrote its policy. [More…]
I would have thought that the lesson of natural justice and the lessons of the rule of law that were taught last week in this House by the Minister for Defence (Mr Killen) would have registered. [More…]
I would have thought that natural justice and the rule of law which honourable members heard about from the lips of the Minister for Defence would have made them understand that in this legislation the Full Bench makes the decision, not the Minister. [More…]
Eventually, on 19 September, Justice Mary Gaudron of the Australian Conciliation and Arbitration Commission handed down a decision against the employers justifying the claims of the men to work under a State award. [More…]
At this hearing Justice Gaudron handed to the parties two telegrams that had been forwarded to the Deputy Registrar. [More…]
This report contained a draft Defence (Discipline and Justice) Bill, prepared by the working party. [More…]
For the information of honourable members I present material received in January 1979 from Mr Justice Staples concerning human rights together with the text of a statement by the Attorney-General relating to the material. [More…]
Where does the Minister find justice for putting forward the argument that there has to be total consistency in the decisions being made by the Commission? [More…]
The only way justice can be seen to be done is if anybody making a decision- in the civil courts or the industrial arena- makes it on the basis of having heard both sides of the argument. [More…]
Apart from its being an obvious insult to the commissioners the question of natural justice is involved. [More…]
The question of justice also is involved. [More…]
If a presidential member is to make a decision not on the merits of the case but on questions of general policy, I put it to the Committee that that is contrary to natural justice. [More…]
The decisions by both the High Court and the Privy Council in the boilermakers case are based upon the fact that section 51 (xxxv) requires the establishment of a tribunal which will proceed according to the principles of justice and hear the parties before determining the matters in dispute. [More…]
The majority decision handed down by Mr Justice Rich, Mr Justice Dixon and Mr Justice Starke read: a law which enables a body of persons to settle a dispute by issuing a decree arrived at by discussion amongst themselves without any hearing or determination between the disputants is, in our opinion, not a law with respect to conciliation and arbitration for the prevention and settlement of industrial disputes and is not authorised by sec. [More…]
I believe that there will be cases when this will deny substantial justice to any parties. [More…]
The whole traditional concept of natural justice meant that the parties had an opportunity to be heard, to present evidence and to rebut it before the person making the judgment. [More…]
But if the ultimate judgment is to be part of a consultative process in which A who has heard the evidence is forced to justify himself before B who has not heard the evidence there will be a complete upsetting of the tradition of natural justice. [More…]
Finally, there have been allegations by the honourable member for Burke (Mr Keith Johnson) that the requirement was offensive, and by the honourable member for Lalor (Mr Barry Jones) that it would infringe natural justice. [More…]
The whole basis of the settlement of industrial disputes in this country harks back to Mr Justice Higgins and the principles that have been built up over years and years of discussion and people applying themselves in an endeavour to resolve industrial disputes. [More…]
If there were so obvious a breach of the rules of natural justice, the matter might be challenged. [More…]
This then raises the question of natural justice. [More…]
The only way that it can be justified is because the Commission itself- Justice Mary Gaudronoverturned the sentiments that were expressed by the Prime Minister in this House some months ago. [More…]
In the most recent case of the Plumbers and Gasfitters Employees Union of Australia v. Costain in 1979, Mr Justice Alley stated the position of the Commission when he said that there was no proper basis for payment for time lost as a result of industrial action unless the actions of the employer were so extreme that the refusal to work was the only reasonable course open to the employees. [More…]
I think that, as with the preceding clause, the clause before the Committee represents a real limitation on the powers on the Conciliation and Arbitration Commission to bring about effective justice. [More…]
That is very far removed from the concept of natural justice that we were talking about earlier. [More…]
At least the Government is able to stand down people who are not gainfully employed and it can ensure that justice is done by the revenue which is provided by the taxpayer, who is the ultimate employer of people in essential services. [More…]
Mr Justice Kirby, I cannot remember whether he is a knight or not - [More…]
I think we ought to recall the way in which Mr Justice Smithers summarised the actions of the Builders Labourers Federation at that time. [More…]
Did a tribunal headed by Mr Justice Ludeke which investigated doctors’ fees recommend an average increase in fees of some 13 per cent? [More…]
Is the Minister taking any action to enforce the findings of Mr Justice Ludeke? [More…]
-I ask the Prime Minister whether he has had private discussions with the Catholic bishops on the report on unemployment prepared for them by the Catholic Commission for Justice and Peace. [More…]
-The Minister for Employment and Youth Affairs and I did have discussions on that document with representatives of the Catholic Commission for Justice and Peace and with three Catholic bishops. [More…]
So there is this sort of personal approach to the question of administration of justice. [More…]
We see the depths to which the administration of justice has deteriorated in New South Wales under the Attorney-General, Mr Walker, who has become the John Mitchell of Australian politics. [More…]
It is very much at variance, in fact, with Mr Justice Else-Mitchell’s statement in 1972 when the Grants Commission was originally set up. [More…]
I notice, and it is very unfortunate, that a lot of bitterness is creeping into the reasons for the preparation of the document prepared by the Catholic Commission for Justice and Peace for the Catholic bishops of Australia. [More…]
As I say, the statement was a letter which I understand Mr Justice Staples circulated to his Conciliation and Arbitration Commission colleagues. [More…]
I do not consider anything said by Mr Justice Staples in his statement as warranting any reexamination of the legislation that the Government has before the Parliament. [More…]
That was one of the matters referred to by Mr Justice Staples and the Government still believes that it is necessary. [More…]
-Can the Minister for Industrial Relations give this House a firm assurance that no member of his staff was responsible for the distribution of copies of Mr Justice Staples ‘ letter referring to the amendments to the Conciliation and Arbitration Act to people outside his office such as representatives of the Press? [More…]
In short, the Government has sought to put a noose around the impartiality of justice and its practice in conciliation and arbitration procedures in this country. [More…]
How can any government propose that legislation which is to provide the essentials of justice can function when the people who have to administer and to deliberate upon those principles of justice have no confidence in it and condemn it? [More…]
On 28 September Mr Justice Staples circularised his fellow commissioners. [More…]
On 1 October or 2 October the Minister’s office received at least one copy- it is suggested that there were three copies- of Mr Justice Staples’ letter. [More…]
On 1 1 October, after the telex from the commissioners had been received in the Minister’s office, a member of the Minister’s staff circulated copies of Mr Justice Staples’ letter to his fellow presidential members, to commissioners of the Conciliation and Arbitration Commission and to members of the Press in the Press Gallery in Canberra. [More…]
This was all part of an exercise designed by the Government to try to destroy the credibility and standing of Mr Justice Staples. [More…]
What the Government did was to embark upon a program of vilification based on fictitious assertions in a desperate effort to try to undermine any credibility that Mr Justice Staples might have had. [More…]
Let me quote another case from earlier this year when Mr Justice Matthews, President of the Queensland Industrial Court, called the court into special session and from the Bench castigated the Premier and the President of the National Party, Sir Robert Sparkes, for their attempted interference in the affairs of his court. [More…]
It was subsequently disclosed that Mr Justice Matthews had instructed the Crown Law Office to commence necessary proceedings against the Premier for contempt. [More…]
In both the case of Mr Justice Street and Sir Garfield Barwick neither advice was given from the court. [More…]
This has been an expedition to blacken Mr Justice Staples. [More…]
The Government panicked after it received the telex of 10 October and on 11 October it sought to gag debate and at the same time embarked on a program to blacken Mr Justice Staples. [More…]
I refer to a question asked of me at Question Time today by the Leader of the Opposition (Mr Hayden) in which he asked whether any member of my staff made available copies of a statement by Mr Justice Staples dated 28 September 1979 concerning the amendments to the Conciliation and Arbitration Act that were then before the House. [More…]
I turn now to what the Leader of the Opposition said about allegations regarding Mr Justice Staples’ comments, namely, that there was an implied threat to Mr Justice Staples in my mentioning that I referred His Honour’s letter to the Attorney-General (Senator Durack) for the Attorney-General’s comment. [More…]
In view of the questions raised about the constitutionality or otherwise of the amendments, naturally I wanted the Attorney-General to look specifically at the points raised by Mr Justice Staples. [More…]
I have now received the Attorney-General’s comments and he has reaffirmed the advice which I gave earlier and which he gave to me; that is, that there is nothing in Mr Justice Staples’ comments in his letter which would lead the Attorney-General to change his advice to the Government that the amendments are in fact constitutional. [More…]
The Government is confident that the legislation will stand up to a High Court challenge, and has dismissed Mr Justice Staples’ criticisms by pointing out that he is a former member of the Communist Party. [More…]
The Minister said today that he did not release Mr Justice Staples’ letter until PM had exposed the letter in its program last Thursday night. [More…]
So in those events the criticisms of Mr Justice Staples and the commissioners fall on very deaf ears. [More…]
Mr Justice Staples said of what happened in New South Wales: [More…]
In April 1 979, 26 judges of the New South Wales Supreme Court including the Chief Justice Sir Laurence Street signed a letter which was critical of a proposal by New South Wales Attorney-General Mr Walker to create a new Criminal Law Division in the Supreme Court. [More…]
The Leader of the Opposition spoke about the impartiality of justice and talked about the damage to the conciliation and arbitration system. [More…]
He kicked the communist can, he attacked the Chief Justice of the Commonwealth and talked about the denigration of the Government in wanting the Commission to be the puppet of the Government. [More…]
The courts have to administer justice. [More…]
First of all, the Government has frequently relied on the authority of Mr Justice Hope. [More…]
It is important to note that Mr Justice Hope, in his very comprehensive suggestions for the definition of subversion’, did not include in that definition the words ‘promoting hatred between different groups of persons in the Australian community’. [More…]
So, insofar as the Government itself has relied very much on the authority of Mr Justice Hope, it is not justified in doing so in this case. [More…]
In fact, Mr Justice Hope went through very carefully the various possibilities of this definition. [More…]
Thus this House should support the Opposition amendment because inciting hatred between groups is very difficult to define; secondly, Mr Justice Hope has not recommended this in the definition; and thirdly, it strikes at the heart of the conflicted political system that we have. [More…]
I refer to what Mr Justice Hope said in his report, volume 1, page 219, paragraph 461, on the question of a bipartisan attitude. [More…]
Mr Justice Hope quotes what Rebecca West says in her The New Meaning of Treason : and this (to lift matters out of party politics) is indeed necessary. [More…]
Mr Justice Hope went on to say: [More…]
The proposed new clause is completely in accordance with what Mr Justice Hope said about bipartisanship. [More…]
I refer the House to the very strong and principled statements of Mr Justice Hope on this very issue. [More…]
Let me refer to Mr Justice White’s report on the special branch in South Australia. [More…]
Mr Justice White goes on to say: [More…]
Again, Mr Justice White makes the point that members who were interested in, for example, university activities and civil liberties were all brought under notice. [More…]
I have no doubt that there was a very real difference of approach, for example, between the late Senator Greenwood and Mr Justice Murphy in the discharge of their roles. [More…]
I come back to these words of Mr Justice Hope: [More…]
In my home State at present a retired justice and a senior police officer are going through the process of extracting and burning the files on some hundreds of thousands of perfectly reputable citizens. [More…]
If honourable members look at the Hope report, on which this Australian Security Intelligence Organization Amendment Bill was supposed to have been based, they will see that Mr Justice Hope contradicts himself. [More…]
We may trust Mr Justice Woodward now. [More…]
Is there anything to say that Mr Justice Woodward will always be the same person that he was when he was appointed? [More…]
Mr Justice Woodward could be as susceptible to that old saying as any other human being. [More…]
I said that Mr Justice Hope was contradicting himself. [More…]
It is perfectly obvious in these matters that Mr Justice Hope expected that the Executive arm of government should have the final control over the DirectorGeneral. [More…]
These proposals are an endeavour to work out that authority in some more detail following the comments of Mr Justice Hope. [More…]
The honourable member for Cunningham said that we had taken no notice of what Mr Justice Hope said in this regard. [More…]
He quoted Mr Justice Hope. [More…]
This is one of the few instances, as we see it, in which the Government has departed from Mr Justice Hope’s recommendations in a more liberal rather than illiberal direction. [More…]
We saw Mr Justice Hope ‘s recommendations - [More…]
We saw Mr Justice Hope’s recommendations as allowing too much room for limitation of the scope of ministerial power and responsibility, allowing too much residual authority to the Director-General. [More…]
Unfortunately the very personal qualities that make Mr Justice Woodward an admirable Director-General of Security I believe are wrongly put about in this debate by honourable members saying: ‘There is nothing to worry about in the legislation; do not worry about it because we have such an excellent DirectorGeneral, somebody appointed by the Labor Government and kept on by the present Government. [More…]
We are making laws and we have to consider what those laws are and what the situation would be like if, for example, Mr Justice Spry were resurrected as DirectorGeneral and if, say, the Minister for Employment and Youth Affairs (Mr Viner) were the Attorney-General. [More…]
One notices the position in Mr Justice Hope’s report. [More…]
This Bill does not give us any guarantee of that, but Mr Justice Hope, in his report, said: ‘Well, look, I can visualise in some cases a DirectorGeneral using his discretion and not giving any information, but the Prime Minister has to get that information’. [More…]
I inform the Minister that we have received advice that last June or July the Government asked Mr Justice Hope to re-examine the ministerial control clause and he came up with a different formula from what is in this Bill. [More…]
That is why I think His Honour Mr Justice Hope eventually decided to climb out of the narrow opening that was still left to him by saying: [More…]
So it can be seen that Mr Justice Hope is moving the matter into that area. [More…]
I should also inform the honourable gentleman that Mr Justice Hope was not asked to review clause 8. [More…]
That is significant in view of what Mr Justice Hope has said. [More…]
Let me remind the Minister for Employment and Youth Affairs (Mr Viner), who is at the table, what Mr Justice Hope said in relation to the direction and control of ASIO and whether Ministers should have access to certain information. [More…]
Mr Justice Hope had to face up to the difficulty of how much information should be made available. [More…]
The Opposition wants ministerial accountability; Mr Justice Hope said that he wanted it too. [More…]
In his report, Mr Justice Hope stated: [More…]
But there is the exception to which Mr Justice Hope refers. [More…]
It was proved obviously by His Honour Mr Justice White in South Australia that it never really would happen. [More…]
Eventually Justice Mary Gaudron ruled against the company and in time enabled those men to go back to work after all that time under all the conditions that they had enjoyed before that period. [More…]
-Mr Deputy Speaker, I have here a copy of Justice Mary Gaudron ‘s judgment and I seek leave to have it incorporated in Hansard, just to prove the point. [More…]
At the handing down of Justice Mary Gaudron’s decision, the men went back to work under a State award, which was the decision of Justice Gaudron. [More…]
Justice Gaudron knocked back those telegrams, just as I refute the evidence given here tonight by the honourable member for Hume. [More…]
He will recall that yesterday several questions were directed to him asking him directly whether he was responsible in some way or another, either through direct action or instruction to a member of his staff, for the distribution of a copy or copies of Mr Justice Staples’ letter to fellow commissioners of the Conciliation and Arbitration Commission. [More…]
As I said, I had no intention of making this document public until it had become public, because, as the honourable gentleman would appreciate, there is no mileage in Mr Justice Staples’ letter so far as the Government is concerned. [More…]
Mr Justice Hope travelled the world to gather information on how an intelligence organisation should be run in this country. [More…]
Last night just before the adjournment debate I made the declaration that a tap had been placed on the private telephone of Mr Justice Staples by the Australian Security Intelligence Organisation. [More…]
During the weekend just passed Mr Justice Staples phoned me at my home to ask whether I knew whether there was any truth in the newspaper reports that the Minister for Industrial Relations (Mr Street) had been the person responsible for leaking to the Press a copy of the letter of Mr Justice Staples. [More…]
I cite no better case than the case of Mr Justice Lionel Murphy, as he now is. [More…]
The allegation was that a phone tap had been put on the private phone of Mr Justice Staples by the Australian Security Intelligence Organisation. [More…]
Mr Justice Hope in volume I of the fourth report at page 2 1 9 said that he thought that that practice should continue except in very special circumstances. [More…]
As to the other allegations concerning the conduct of ASIO and His Honour Mr Justice Murphy, it is a matter of rehashing what was a great political scandal at the dme. [More…]
Mr Justice Hope made it clear that in the past ASIO had frequently broken the law. [More…]
Two such audits have been held, one by Mr Acting Justice White in South Australia and the other into the Australian Security Intelligence Organisation by Mr Justice Hope. [More…]
Indeed, we are told that this Bill was, in a large part, a response to Mr Justice Hope’s report. [More…]
I could add to the report being done by Mr Acting Justice White in South Australia the fact that the former Mr Justice Nelson of the Victorian Supreme Court is performing a similar exercise in Victoria by going through and destroying files of the Special Branch of the Victorian Police Force when they are not considered to be relevant. [More…]
It is almost like tick-a-box justice if we say to the judge: ‘We trust you so little, Joe, that we are going to make you say on which ground you have relied’. [More…]
I now have a copy of the letter circulated to the Conciliation and Arbitration Commission by His Honour Mr Justice Staples. [More…]
One after the other the newspapers said that Mr Justice Staples likened the legislation to Nazi Germany. [More…]
Moreover, the amendment curtails a provision in the Act which is intended to serve the interest that justice shall appear to be done. [More…]
If Mr Justice Staples sent a copy of some criticism of substantive matters to members of Parliament, including members of the Opposition, as I understand he did, or to the Minister for Industrial Relations (Mr Street) I do not believe that he should have done so. [More…]
I was delighted this evening to receive from the honourable member for Hindmarsh (Mr Clyde Cameron) a full copy of the letter by Mr Justice Staples, Deputy President of the Conciliation and Arbitration Commission, about the Government’s proposed changes to the Conciliation and Arbitration Act. [More…]
In his wind-up, Mr Justice Staples stated: [More…]
I would say that Mr Justice Staples has stated his view quite clearly. [More…]
This honourable justice has complained that the Government is going to strengthen the powers of the President of the Commission. [More…]
They said that they had done that with someone who was close to Mr Justice Staples, and confirmed to my staff that the extract from the transcript- ‘The judge’s letter, a copy of which came into our hands today’was correct. [More…]
Some time later that night- about 9 o’clock- I authorised the distribution of those comments by Mr Justice Staples. [More…]
A great deal of nonsense has been spoken about these matters over recent days- nonsense as to what happened about a letter from Mr Justice Staples. [More…]
Just to set the record straight, at the time we went to air on Thursday evening and broke the story of Mr Justice Staples’ letter - [More…]
I emphasise the words ‘and broke the story of Mr Justice Staples ‘ letter’- [More…]
There is not the slightest doubt that the Labor Party had copies of that letter, the document, from Mr Justice Staples some considerable time before it was broken on the Huw Evans program, PM, on 1 1 October. [More…]
I would like to read one section of the document from Mr Justice Staples, which I hold in my hand. [More…]
That was part of the second last paragraph of Mr Justice Staples’ document. [More…]
I have met Mr Justice Staples only once, for a period of about 10 minutes. [More…]
I have not discussed with Mr Justice Staples - [More…]
-Before I was interrupted the point that I was making was that I have not at any stage discussed with Mr Justice Staples his view of the proposed amendments to the Act. [More…]
I wonder whether the ALP consulted, for instance, Mr Justice Staples when it wrote its policy. [More…]
They had a fixation with the alleged benefits and the alleged qualities of justice associated with the free enterprise system and the so-called free market forces. [More…]
But to argue as the Minister does that these shortages must be forever filled by importing skilled tradesmen is a denial of justice to every unemployed young Australian. [More…]
We want justice for all people, not just a special few who continue to get privileges at the expense of others. [More…]
Indicative of this success has been the increase in the total number of recipients of social welfare which is theirs injustice, not in charity. [More…]
But those funds are theirs in justice. [More…]
I associate this thought with the recent statement made by the Australian Catholic Commission for Justice and Peace. [More…]
This Government is a government of justice and compassion. [More…]
All that the Government has sought to do is to bring justice and order into a situation of utter chaos. [More…]
If we turn to what is being proposed in this legislation tonight in relation to unemployment beneficiaries, we see that it is simply a continuation of that kind of story of welfare, not in terms of the achievement of justice, not in terms of delivering to people what is their right, but rather in the form of an attempt further to harass people and make them feel that somehow they have to get more into line and that somehow they are being deviant. [More…]
There is not an ounce of justice in this Government in any real sense whatsoever. [More…]
However, if that is the reason, does the Treasurer (Mr Howard) intend restoring some measure of justice to our elderly and disadvantaged citizens by making retrospective adjustments to pensions due to the Government’s miscalculation of the rate of inflation? [More…]
Justice delayed is justice denied. [More…]
Families at risk in this country need economic and social justice to prevent crisis situations which so often occur unnecessarily. [More…]
We are dealing with a simple principle of economic justice and applying the very logic or reason that has compelled this Government to urge and apply increases for the higher income earners in the Public Service. [More…]
The rates that are involved as so-called amendments to the Bill, in my view, having regard to the claims for justice, to the delay in payments, are nothing less than a public scandal. [More…]
Justice delayed is justice denied. [More…]
It has been told of the injustices that occur and, as I said, it has been the recommendation of the Commissioner for Employees Compensation that that situation be remedied. [More…]
We believe that in terms of economic justice and increases in rates the Government has approached this matter in a mealy-mouthed way. [More…]
I believe that they are just as important in principle in providing effective social justice for employees of the Commonwealth. [More…]
It is time that the Commonwealth faced up to its responsibilities in this matter and that real justice was done to what is, after all, our own work force. [More…]
Where is the justice in these payments? [More…]
How in justice can we justify these anomalies? [More…]
Where is the justice? [More…]
I had hoped that some members on the Government side would have some sense of justice. [More…]
I suggest to them if they have any sense of social justice at all they have second thoughts about it and support the amendment moved by my colleague, the honourable member for Melbourne Ports. [More…]
I refer to an excellent paper given by Justice Mary Gaudron at the Australian College of Education in Perth. [More…]
Catholic bishops, through their Commission on Justice and Peace, have also produced a stinging indictment of the policies of this Government. [More…]
The report of the Commission on Justice and Peace points to the very guts of the unemployment problem in this country. [More…]
People in working communities are going to fight the fight because they know that, essentially, deep down in the Australian people, there is a sense of justice and fair play. [More…]
The apparent intention of the Federal Government, however, to deny unemployment benefits in the future to workers stood down as a result of a strike if the union to which they belong does not condemn the strike is a threat to the right to freedom of opinion, a denial of justice to taxpayers, and a perversion of the conventional definition of what constitutes unemployment [More…]
This appears to have been the view of the Chief Justice, Sir Garfield Barwick, in the St George County Council case of 1974. [More…]
In the case of Mikasa v. Festival Stores, Mr Justice Stephen stated that the past participle often applies equally to the future as to the past. [More…]
When former Senator Murphy, now His Honour Mr Justice Murphy, moved in the Senate on 19 March 1970 for the establishment of the Senate Select Committee on Securities and Exchange, he referred to the series of company crashes that had occurred in the 1960s and to the widespread evidence of improper practices during the speculative boom in mining shares in the late 1960s andhe specu early 1970s. [More…]
The Emir … of Bokhara, son of the infamous Nasrullah … A pious Moslem, he had the reputation of enforcing both civil and religious laws with severity, but also with justice. [More…]
However, the honourable member for St George (Mr Neil) not only traversed issues which by their very nature are sub judice but also, in so doing, was concerned to attack the Attorney-General of New South Wales and Mr Finnane- he agrees with that- as part of an ongoing campaign which suggests that company investigations which have been carried out in that State have been unique in as much as they have involved bias, prejudice and procedures which were completely at variance with any principle of natural justice. [More…]
Government members are the people concerned to raise these great matters of natural justice. [More…]
To say that someone is in any way responsible for industrial action taken at another plant over which he has absolutely no power of decision making, of course, is to deny justice to the person who is stood down. [More…]
It is always refreshing to hear someone express some sentiments from the heart, as the honourable member for Lyne (Mr Lucock) has done, particularly when speaking about justice being done and whether some injustice appears to have been done. [More…]
Let me also put it on record that a relative of somebody who felt that there had been injustice and who had some beneficial interest in a company was repeatedly asking people, particularly members of the Press and members of parliament, to raise the matter. [More…]
If one looks at the softness of the answers in relation to the amounts of money involved in some cases, one will wonder whether justice has always been done by supporters of the Government. [More…]
Ministers of justice, judges, criminologists and leading figures in the fields of correction, police, social welfare and generally related areas were to be involved. [More…]
The Labor Government authorised the inquiry under Mr Justice Hope which set up a task force which brought down this remarkable report. [More…]
In view of the world-wide protests against this mockery of justice perpetrated in Prague and in view of the public statements of President Carter, Mrs Thatcher, the Italian President and the European Parliament, will the Minister now indicate Australia’s attitude to this travesty of basic human rights? [More…]
The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. [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…]
Section 23 provides that, in the event of there being an equal division of the High Court upon the hearing of an appeal from a judge of the High Court or from a supreme court of a State, the decision appealed from is to be affirmed and that in any other case the opinion of the Chief Justice or the senior justice of the High Court present shall prevail. [More…]
Accordingly, in appeals from all courts created by this Parliament, if there is an equal division of the High Court the opinion of the Chief Justice determines the outcome of the appeal. [More…]
The Prime Minister has always been anxious to deny what he calls wage justice. [More…]
I will not make any comment upon them, but I end by saying that if justice is to be done in this area the position of Federal members of parliament should not be confused with that which applies to State members, and I imagine that State members of parliament would not want to be confused with us. [More…]
I have an enormous respect for His Honour Mr Justice Campbell and the way in which he carries out his tasks. [More…]
Unfortunately, Mr Justice Matthews in Queensland ignored the Commowealth law and made an award on the basis that the Aboriginal ought to be entitled to the money. [More…]
Let us look at the essential features of this report of Mr Justice Williams. [More…]
Harvey Bates, the celebrated drug trade buster, has little to sustain his reputation, or that which has been contrived by the fictitious public relations efforts conducted by him and others in the face of this searing indictment that Mr Justice Williams has brought down as only his interim report. [More…]
That is the finding of Mr Justice Williams. [More…]
Mr Justice Williams’s findings and recommendations are very judiciously worded, but what he is saying here- and I base this assertion on evidence publicly available from the transcript of evidence to the Royal Commission, on work hearing cases, and so on- is that fictitious results were concocted by the Narcotics Bureau and by Mr Besley in his evidence to the Royal Commission to mislead the Royal Commission and the public into believing that the Bureau was more successful than it had been. [More…]
Among other things, this is what Mr Justice Williams says of the Narcotics Bureau: [More…]
Mr Justice Williams also says: [More…]
The interim recommendations of Mr Justice Williams make it clear that the effective functioning of anti-narcotics activity in this country in future will depend upon, first, the termination of the Narcotics Bureau; secondly, the absorption of that role by the Australian Federal Police; and, thirdly, an integrated effort between the Australian Federal Police or Commonwealth Police and those sections of the State police forces responsible for narcotics law enforcement. [More…]
The report by Mr Justice Williams shows many parallels with the series of reports conducted by his brother judge, Mr Justice Hope, into Australia’s security services. [More…]
As soon as anybody talks about social justice, equality, fair shares or a return for work commensurate with what others get for a return for work he is talking about some intervention in the market system. [More…]
It is true that one bad apple was identified by the Bureau in 1975, which then spared no effort to track him down and bring him to justice. [More…]
The dispute centres around the matters of substance which demolish the Bureau’s reputation and which are outlined in the report of Mr Justice Williams of the Supreme Court of Queensland who headed the Royal Commission of Inquiry into Drugs. [More…]
That is Mr Justice Williams’ reporting to the Government, at its request, within the authority of the terms of reference laid down by the Government. [More…]
They are merely some of the findings which are devastatingly presented by Mr Justice Williams. [More…]
Will he ensure that these people receive elementary justice from the new South Australian Liberal Government. [More…]
The Minister will recall saying in his answer that he instructed the Narcotics Bureau to extend full co-operation to the Australian Royal Commission of Inquiry into Drugs, headed by Mr Justice Williams. [More…]
More specifically, did Mr Justice Williams make any complaint to the Government about difficulties in obtaining information or the forthcomingness of witnesses from the Bureau who appeared before the Royal Commission? [More…]
Has the attention of the Minister for Business and Consumer Affairs been drawn to that section of the report on the drug inquiry by the New South Wales Royal Commissioner, Mr Justice Woodward, which strongly criticised the Commonwealth for its lack of operation? [More…]
Did the Minister approve a policy which Mr Justice Woodward described as the Bureau ‘avoiding giving evidence’, which gravely hampered and restricted this Commission’s inquiries into heroin trafficking’? [More…]
-Has the attention of the Minister for Business and Consumer Affairs been drawn to the finding of Mr Justice Woodward in his report to the New South Wales Government that the Bureau of Customs has intercepted ‘probably less than 10 per cent’ of the heroin illegally imported into Australia each year? [More…]
Is he also aware that Mr Justice Woodward referred to what he calls the ‘relative ease’- those are the Judge’s words- of importing heroin into this country? [More…]
Is he aware that Mr Justice Woodward said that new Federal Government checks were unlikely to affect significantly the flow of heroin into Australia? [More…]
That has been made abundantly clear by Mr Justice Williams, as it has been made abundantly clear by Mr Justice Woodward today, not only in terms of Mr Justice Woodward’s condemnation of the failure to extend co-operation to his inquiry but also his assertion that he had established on the evidence available to him, the hard facts presented, that there was an absence of co-operation between the federal authority and State law enforcement authorities. [More…]
If the Minister wants to stand by that, I challenge him to table all of the documentation that is attached to Mr Justice Williams’s report. [More…]
The fact is that Mr Justice Woodward is reported in the Royal Commission report as finding: [More…]
In the considered judgment of Mr Justice Woodward, the Narcotics Bureau did not measure up to the task. [More…]
As a result of Mr Justice Woodward’s criticism of the lack of cooperation by the Government, by its agency, with the Royal Commission, he said: [More…]
I think he has a cheek to come into the Parliament and say that, because Mr Justice Williams said this: [More…]
Last night the Minister sought to belittle my criticism, based on Mr Justice Williams’ report, that the Federal Narcotics Bureau acted with obsessive secrecy. [More…]
Yet the Minister well knows the sort of secrecy of which I was critical, and it is well documented in Mr Justice Williams’ report. [More…]
Mr Justice Williams said: [More…]
We know now what Mr Justice Williams said about that kind of solution to the problem. [More…]
Quite apart from any highfalutin explanations of ministerial responsibility, it would seem to me to be an outrageous breach of common justice if this House were to censure a man who on three separate occasions initiated inquiries and investigations which led to the decision announced yesterday by the Deputy Prime Minister (Mr Anthony) to begin the disbandment of the Federal Narcotics Bureau and its transfer in the first instance to the Commonwealth Police. [More…]
I think it would be a very odd breach of ordinary, common justice for that to occur. [More…]
It is not always justice to say that everybody would draw a reasonable inference. [More…]
Their sense of justice is to differ in the kind of judgment they would make in respect of Brisbane airport compared with that which they made in respect of Tullamarine airport. [More…]
Has the Deputy Prime Minister received telexes from the New South Wales Premier requesting talks with the Commonwealth on the establishment of a centralised drug intelligence system and requesting Commonwealth co-operation for a planned visit to Bangkok by Mr Justice Woodward? [More…]
Mr Wran also sent me a telegram yesterday notifying me that Mr Justice Woodward was thinking of making a trip to Bangkok to investigate drug matters in Thailand. [More…]
I think it ought to be known that Mr Justice Williams has already made a trip to Bangkok. [More…]
Therefore, I think the sensible course at this stage would be for Mr Justice Williams and Mr Justice Woodward to consult each other. [More…]
I am sure that Mr Justice Williams will provide Mr Justice Woodward with all the information that he has already obtained regarding Bangkok, and give advice as to whether such a trip is necessary and, if necessary, what matters might be looked into, when the visit might take place and what the composition of the visiting party might be. [More…]
A second point is that there has been an inference that the Finnane inquiry is of the same status as two royal commissions, one under Mr Justice Williams and the other under Mr Justice Woodward. [More…]
In the conduct of these trials the Soviet Government ignored its commitments in the 1977 Constitution as well as natural justice. [More…]
Nevertheless we are of the opinion that the Parliament does not do itself justice nor are Australia’s international relations advantaged - [More…]
That is Mr Finnane- had not given Mr Sinclair and the other directors and their respective lawyers, the unprecedented degree of opportunity to place submissions and propositions before him that he did afford them, he would have been pilloried as an enemy of natural justice. [More…]
I would prefer a tax system that, because of its justice and equity, did not require indexation to maintain its partial acceptability in the community. [More…]
It deals with the question of whether that decision would stand or whether the Chief Justice would be allowed to have a casting vote. [More…]
Where there is a vacancy in an office of Justice, the Attorney-General shall, before an appointment is made to the vacant office, consult with the Attorneys-General of the States in relation to the appointment. [More…]
I will not say too much, but it looks as though we are building some grandiose structure which does not seem to have much to do with justice but has a lot to do with image or status. [More…]
However, in the case of a matter awaiting or under adjudication in a court of law, the House imposes a restriction upon itself to avoid setting itself up as an alternative forum to the court and to ensure that its proceedings are not permitted to interfere with the course of justice. [More…]
When the judges ceased to be removable at the Royal pleasure they lost a motive for regarding the Royal wishes in their administration of justice, and when at the same time they were made removable on the address of both Houses, they acquired a motive for carefulness lest their conduct on the Bench should fall under the scrutiny of the High Court of Parliament. [More…]
His Honour Mr Justice Murphy’s involvement iri the Labor lawyers conference is reported as follows: [More…]
Mr Justice Murphy’s position was made even more untenable when his former parliamentary colleague, now Mr Justice McClelland of the New South Wales Industrial Commission, delivered the so-called captivating after dinner speech to the same gathering of Labor lawyers. [More…]
In order to put this matter in perspective, let me ask honourable members opposite what would be their response should the Chief Justice of Australia have been invited and accepted an invitation to give a keynote address to a convention of the Liberal Party or to a conference of Liberal Party lawyers so designated. [More…]
Frankly, I have not received justice under the law or from the judiciary. [More…]
I have received justice from people. [More…]
I have received justice from a jury. [More…]
1 feel that it is important that more people should enter this High Court debate because we are discussing the High Court which is responsible for justice for the people. [More…]
Real justice for the people in this country is just not on at present through the courts. [More…]
The ordinary person cannot afford justice in this country. [More…]
I wish that the narrow minded, petty and degrading honourable member for Hotham (Mr Roger Johnston) would understand that I am fighting in my way for justice for people everywhere, no matter where they live. [More…]
Injustice anywhere is a threat to justice everywhere. [More…]
Wherever injustice is brought about I will struggle for the individual. [More…]
What we really have to talk about and to think about is justice in the courts for people in our community. [More…]
If they try to libel me again they will finish up in court before a jury of 12 and I will fight for justice in my case. [More…]
The High Court shall consist of a Chief Justice, and so many other justices, not less than two, as the Parliament prescribes. [More…]
When we are formulating the justice that we seek we do not have control or rights over aspects that are changing within our society. [More…]
I mention as an example Mr Justice William O. Douglas of the United States Supreme Court. [More…]
The remarkable fact about Mr Justice William O. Douglas was that he travelled widely throughout the community both within America and abroad. [More…]
Here was a justice of the Supreme Court of the United States talking of the human problems that were going to confront us in South East Asia. [More…]
To be a High Court justice under the Constitution, one does not need to be a lawyer. [More…]
For example, Mr Justice Black was an appointment to the Supreme Court of the United States by a conservative administration. [More…]
He turned out to be one of the greatest justices in the history of the United States Supreme Court. [More…]
We should not delude ourselves into believing that justice comes from the legalisms associated with the High Court. [More…]
The jury system is the major vehicle which will dispense justice in our society. [More…]
In other words, we will get justice from our people, the ordinary people. [More…]
We should be planning in the long term for a building of significance in its contribution to the beauty of this city and at the same time provide a place in which the ordinary Australian may obtain justice. [More…]
Sir Victor Windeyer was on the Bench at the time when perhaps Australia’s greatest ever Chief Justice, Sir Owen Dixon, presided over the Court. [More…]
Mr Justice Harlan of the United States Supreme Court was at that dinner as a guest of honour. [More…]
That meant that despite his age and, in the last years of his term as Chief Justice, despite poor health, Sir Owen Dixon ensured that that Court went to Queensland, Tasmania, South Australia and Western Australia. [More…]
But we know that there will be no more sittings in Melbourne or Sydney after the new High Court is opened in Canberra, except for the purpose of taking evidence, and those hearings will take place before a single justice of the High Court. [More…]
If I may say so, I think it is a proper application of the sub judice rule, both in the public interest and in the interests of this Parliament and, furthermore, in the interests of justice as it is administered in the courts of this country. [More…]
The sub judice rule will prevent discussion of trial proceedings in respect of those 2 1 people and maybe another 1 32 people if they do go before the court, and for the very good reason that the sub judice rule is intended to protect the national interest- if I might put it this way- in the purity of the administration of justice, against it being subverted by comment within this Parliament. [More…]
I would have thought that recent events would have made this Parliament very cautious about seeking to avoid the sub judice rule in a way which can taint the administration of justice. [More…]
I think I have demonstrated to this House that a judicial inquiry into the circumstances related to the use of listening devices and the interception of telephone conversations by Commonwealth Police would in itself impede or hinder the administration of justice in the Greek conspiracy case now before a magistrate. [More…]
It is a very important rule of any parliament which adopts the Westminster system that proceedings in parliament ought not to be allowed to taint, as I have said, the administration of justice. [More…]
But the courts of this country, in the administration of justice as we know it, have equal importance in our democratic processes. [More…]
The first point I would make is that in respect of committal proceedings- perhaps I have a higher view of magistrates exercising their responsibilities in those matters- my own view would be that anything that was stated in this Parliament would not affect a magistrate making a determination on the basis of the evidence before him, any more than it would affect a justice of the Supreme Court or, indeed, even of a Full Court. [More…]
I doubt whether a single justice would be affected by any debate or anything that is said in this House. [More…]
The purpose of the sub judice rule is to protect the process of justice. [More…]
But I am not interested to learn whether or not a possible injustice can be to the prosecutor as distinct from the accused. [More…]
I think it must be the purpose of this Parliament to uphold justice being performed, whatever the outcome of the courts is. [More…]
If it is not inconsistent with fundamental rights and duties, the House should avoid setting itself up as an alternative forum or body of inquiry or permit its proceedings to interfere in the course of justice. [More…]
Apart from particular matters such as criminal cases, courts material, civil cases and matters referred by a legislature to a judicial body, the rule has application to other hearings, inquiries or investigations in which the rights of individuals or a community group or the achievement of justice may be prejudiced. [More…]
I direct you also to the view expressed by the Chief Justice of New South Wales in 1937. [More…]
As a working member of the Australian Journalists Association I have sympathy and understanding about the difficulties of rendering both justice and mercy to members of parliament. [More…]
We also agree that the legislation climaxes or finalises negotiations which have been going on for some two years and which I believe mean not only a solution but also justice for the Australian sugar industry. [More…]
I come back to the basic point that the industry is getting justice. [More…]
To prevent that dance from occuring it was decided that money spent on education ought to be so spent and ought to have a role in developing fair shares and a sense of justice in society. [More…]
If we are to have a sense of justice, a sense of fair distribution, we must look at the distribution of public expenditure. [More…]
I ask the Government: What type of security can a retired public servant feel and what sort of justice is operating when, because he was a Commonwealth public servant rather than a State or authority servant, he is falling further behind in his standard of living, which even under the new rates that recently came into force can hardly be called affluent? [More…]
Honourable members will recall that, following the bombing at the Sydney Hilton Hotel in February last year, Mr Justice Hope of the New South Wales Supreme Court was appointed to conduct a review of the whole area of protective security in Australia. [More…]
Mr Justice Hope has now completed his task and recently presented his report to the Government. [More…]
Mr Justice Hope received full co-operation from all these persons and the Commonwealth Government joins with him in thanking them for their assistance. [More…]
I record the Government’s appreciation of the valuable contribution that Mr Justice Hope ‘s review has made to our consideration of the important field of protective security. [More…]
We attach very considerable importance to this joint Commonwealth-State body and share the view of Mr Justice Hope that much can be achieved through it. [More…]
The first issue to be decided has been the extent to which the text of the report may be made public, and Mr Justice Hope has made recommendations in this regard. [More…]
Mr Justice Hope also stated the view, which we endorse, that as much of the material in the report be published as is possible without endangering security or the public interest. [More…]
In this respect it will be recalled that the Government followed Mr Justice Hope’s recommendations regarding publication of the reports of his Royal Commission on Intelligence and Security in 1 977. [More…]
The Commonwealth endorses the general rule, enunciated by Mr Justice Hope, that in any battle against terror the local law enforcement authorities in the normal processes of the criminal law must be in the vanguard. [More…]
It is clear that Mr Justice Hope, as he has done on previous occasions on matters of great public responsibility, where he has had a brief to carry out a review of such matters, has again in this report performed his task diligently, intelligently and with considerable beneficial effect for those people in the community, in government and other institutions serving government in the community who have to take decisions in these matters and have to respond to actual problems which may arise affecting security or prepare for the potential that may rest within the community from whatever cause for that sort of threat. [More…]
So Mr Justice Hope, in this report, has very nicely made the distinction, in my view, between the role of the police force and that of the armed forces. [More…]
Mr Justice Hope makes the distinction that the circumstances in which the armed forces should be called into operation are in what would very largely be a civilian problem. [More…]
The distinction that is asserted in those paragraphs by Mr Justice Hope is a very important one and one that we must not lose sight of. [More…]
The Government has no sense of equity or justice except in an inverse way, as a consequence of which it believes that lower income earners should pay more tax and higher income earners should pay less tax. [More…]
Surely it is a simple matter of natural justice that the child and the mother should be entitled to the same rights as a civilian widow with a child on a social security pension, without having to accept the penalty that she must surrender her entitlements as a war widow. [More…]
I am bound to say that the building seems to be intended as a monument, either contemporary or posthumous, to the learned Chief Justice of Australia. [More…]
We have a Prime Minister who insists that ‘justice must be done and must be seen to be done’ when he seeks to protect the interests of an international corporation, but who conspires with his Cabinet for three months to try to bury allegations of electoral boundary rigging made against one of his Ministers by a member of his own party. [More…]
These are: The Narcotics Bureau, which has been demolished, the Commonwealth Police scandal which is not a Greek conspiracy but rather a conspiracy of Compol against the Greek community which has resulted in the Commonwealth Police being discredited, and the damage done to the Australian Security Intelligence Organisation last week with the tabling of Mr Justice Hope’s report on security arrangements in the country. [More…]
We have an internal security agency which is seriously damaged by the latest disclosures and the latest criticisms by Mr Justice Hope as to the way in which it operates. [More…]
ASIO can no longer have any respect as a result of Mr Justice Hope’s disclosures last week. [More…]
I quote from Mr Justice Williams’ report: [More…]
Honourable members could not explain how on the one hand Mr Justice Woodward warns what everyone knows in the community- that is, that major ports like Sydney are wide open to access by hard drugs like heroin and that Sydney is about to be flooded by the drug- when there are repeated reports over extended periods that hard drugs are coming into Australia from the Golden Triangle. [More…]
The Protective Security Report of Justice Hope said a number of things. [More…]
It behoves us in this debate and throughout the course of this week not to transgress that rule by trying to get behind it through the back door because it is a very important rule in the administration of justice that anything concerning criminal prosecutions that are before the court and that would in any way taint or hinder the administration of justice should not be debated in this House. [More…]
It was this Government which substantially accepted the report of Mr Justice Hope from an inquiry into ASIO instituted by the former Government. [More…]
That cannot in any way be a dereliction of duty but rather in the strongest possible way the carrying out of the responsibility of the Government towards ASIO in the face of the recommendations by Mr Justice Hope. [More…]
I also point out that Mr Justice Williams at first considered that the interim report should be withheld- that is, kept confidential- until such time as his final report was introduced. [More…]
But the Government in consultation with Mr Justice Williams thought it appropriate that we should act on it with promptness before the final report was introduced. [More…]
This legislation is based on the second interim report of the Company Law Advisory Committee chaired by Mr Justice Eggleston. [More…]
Mr Justice Toohey, the present Commissioner, has expressed the view that the Minister has the power to accept all or part of a Land Commissioner’s recommendation. [More…]
That proposed sub-section is altogether too precise and would take away the discretion of the judge or the justice who was hearing the case. [More…]
This problem arose as a result of the Australian Royal Commission of Inquiry into Drugs, headed by Mr Justice Williams. [More…]
I have before me some of the views expressed in what I choose to call the edited version- not the final version- of Mr Justice Williams’s report. [More…]
In paragraph 8 Mr Justice Wiliams states- this is of vital importance to us all and is the reason why this Bill was brought into being: [More…]
In the report of Mr Justice Hope which has been tabled in the Parliament, he outlined a list of their weaknesses, ranging from scandalously bad cooperation between police forces to fragmented intelligence collection. [More…]
The report of His Honour Mr Justice Williams in respect of drug trafficking- and that is what this legislation is all about- states: [More…]
Referring to the Royal Commission of Inquiry into Drugs, if we had not appointed His Honour Mr Justice Williams I wonder whether we would have found out how ineffective and incompetent the Narcotics Bureau has been. [More…]
His Honour Mr Justice Woodward, of the New South Wales Royal Commission, is going overseas, to investigate drug problems, and we welcome his endeavours. [More…]
If we had a permanent appraisal of the situation we would go very close to giving these criminals the justice they deserve. [More…]
(b) The Government approved a recommendation of the Chief Justice of Australia. [More…]
Although that legislation did give effect to many of the recommendations of Mr Justice Woodward, there were some differences of opinion between the two parties. [More…]
The view was taken by Mr Justice Woodward in his report- he was asked to report only on the Northern Territory- that an examination of the State position would take much longer but that what was done in the Northern Territory would provide something of a precedent. [More…]
Further, if we are to do justice to the work of the Joint Committee and other committees in this place, we ought to be given the opportunity in a reasonable way to receive reports and to comment on them. [More…]
To suggest that the Committee thought that does not help the situation and I am surprised that the Chief Justice of the Federal Court of Australia would create the impression, probably unwisely, that members of Parliament would take lawful or unlawful means to avoid publicly declaring their interests. [More…]
These figures do not include the costs, met by my Department, in respect of the appointment of Mr Justice Fox as Ambassador-at-Large for Nuclear Non-Proliferation and Safeguards. [More…]
With respect to countries which may not share the basic criminal justice system applicable in Australia, very careful consideration would have to be given to the basis for any transfer arrangements to ensure that persons transferred from Australia not only received treatment in accordance with our notions of penal justice but that they would also be required to undergo imprisonment for a sufficient period, in accordance with their Australian sentence, to deter them from breaches of Australia’s fisheries legislation in the future. [More…]
What steps have been taken to reassure Mr Roberts and the Barwon Community that non-involved responsible decision-makers will ensure that justice is done and seen to be done in this case. [More…]
Because of that and because of the fact that the Bill as drafted is not capable of coping with all the irregularities which were brought to attention by Mr Justice Sweeney, the Opposition will be moving to widen the terms of the Bill to provide against further abuses such as those outlined in the interim report which we will be discussing at the Committee stage. [More…]
I hope that the Minister will carefully watch the operation of the Act in regard to a justice of a particular area, say the Northern Territory, issuing a warrant relating to the whole of Australia. [More…]